DRC : FOR A NEW STATE GOVERNANCE

In the DRC, one thing is certain: the outright liquidation of the current public administration – a former colonialist organization – but now in tatters. A fundamental change is needed. We must now consider replacing this current public administration inserted within Ministries by independent governmental agencies and by enforcement of modern principles of public management.

1. A proposal for governance

State governance is based on some social value. Social value is conceived by men and women and should exist as a ”culture” to be extensively ”communicated”, validated by ”education” and fertilized by ” science” in a modern world. A social value becomes a “central social value” if it “gives” to society the main norm for social behavior of individuals.

It is then the responsibility of a State to use ”communication”, ”education” and ”scientific research to improve ”social condition” of people by considering value behind material production, while ensuring the necessary – internal and external – ”security” to them, providing ”energy” and ”water” which are essential to this material production.

To do this, it is necessary to reckon with  ”local governments” by organizing society at the lowest level and by maintaining a good ”external relationship’’ with other states if we want to get what our own people need but which this people can not produce on site.

But, there are important specific tasks to be fulfilled if we want to hatch a lasting peace in a society: to ensure ”health” to men and women and – consequently – protect their ”environment”, while providing active support to dynamic and modern social life in terms of organization of ”transport” and” telecommunications”.

Therefore, it is necessary to deal with inevitable conflicts of interest by distributing a ”good justice” by guaranteeing to every one – respect of ‘‘fundamental human rights” and by ”economic regulation” of social activity to the benefits of the vast majority of people through some technical institutions.

That is why it is imperative for the political power in a state to design a critical path of desired or expected changes by a ”planning of the development’’, to coordinate the today youth activities -  in which youth  we find gestated future generations- by using ”sports” as an incentive to the necessary boldness for later innovations and ”tourism” as a way of self-discovery through others.

This presupposes the existence of a government, based on a concept of” national solidarity” for by distribution of burdens and benefits among citizens through  “Public Service”, a mechanism for.”citizens in action”!

From the above description of the “core social value”, we could derive lasting concerns that can be supervised by 15 ministerial functions which content is  below.

The Central Government in the DRC should permanently have the above configuration:

  • A Prime Minister for the Coordination of ministerial duties.
  • 15 State Ministers for the political management of different sectoral  activities,   here clearly identified.
  •  Delegate Ministers attached to State Ministers for the management of sectoral policies.

Only State Ministers would be part of the Council of Ministers.Delegate Ministers would be invited occasionally to defend or explain some records to the Council of Ministers. State Ministers should have a greater visibility and be able to discuss all issues.

A Delegate Ministry would lead a sectoral and public policy in collaboration with one or two governmental agencies for implementation. A governmental agency should be conceived as a ”public institution” for the State.

I. STATE MINISTER FOR MATERIAL PRODUCTION

1) Delegate Minister  to Food Production:

 Agency: National Centre for Food Production

2) Delegate Minister to Export agriculture:

 National Centre for Export farming

3) Delegate Minister  for Livestock:

 Agency: National Centre for Livestock

4) Delegate Minister to Fisheries:

 Agency: National Institute for the Control and Promotion of Fisheries

5) Delegate Minister of Mines and Metallurgical Industry:

 Agency: National Center for Mines and Metallurgical Industries

6) Delegate Minister  to Manufacturing Industries:

 Agency: National Center for Manufacturing

II. STATE MINISTER FOR ECONOMIC REGULATION

1) Delegate Minister to Public Accounting:

 Agency: National Office  of Public Accountancy

2) Delegate Minister  to Budgets:

 Agency: National Service of Public Expenditure

3) Delegate Minister to Commerce:

 Agency: National Institute of Commerce

4) Delegate Minister to State Portfolio :

 Agency: Central Institute of State Portfolio

5) Delegate Minister to State Purchases and Supplies:

 Agency: National Service of Supply

6) Delegate Minister to Governmental Revenues:

 Agency: National Service of Public Revenues

7) Delegate Minister to Financial Institutions:

 Agency: National Service for Financial Institutions

III. STATE MINISTER FOR ENERGY AND WATER RESOURCES

1) Delegate Minister to Electricity:

 Agency: National Service for the Production and Distribution of Electricity

2) Delegate Minister to Hydrocarbons:

 Agency: National Service of Hydrocarbons

3) Delegate Minister  for Water:

 Agency: National Service for Water

IV. STATE MINISTER FOR EDUCATION AND SCIENTIFIC RESEARCH

1) Delegate Minister to Literacy :

 Agency: Congolese Institute for Literacy

2) Delegate Minister fto Nursery and Primary Schools:

 Agency: Central Institute of Nursery and Primary Schools

3) Delegate Minister to Professional and Secondary Schools :

 Agency: Central Institute of Professional and Secondary Schools

4) Delegate Minister to Higher Schools and Universities:

 Agency: Congolese Institute Universities and Graduate Schools

5) Delegate Minister to Scientific Research:

 Agency: Congolese Institute for Scientific Research

V. STATE MINISTER FOR DEFENCE AND SECURITY

1) Delegate Minister to Armed Forces:

 Agency: General Staff of Armed Forces

2) Delegate Minister to Security Services:

 Agency: National Intelligence Service

3) Delegate Minister to Police:

 Agency: National Police

VI. STATE MINISTER FOR YOUTH, SPORTS, TOURISM & LEISURE

1) Delegate Minister to Youth:

 Agency: Congolese Institute for Youth

2) Delegate Minister to Sport Organizations:

 Agency: Congolese Institute of Sports

3) Delegate Minister to Tourism :

 Agency: National Agency for Tourism & Leisure

VII. STATE MINISTER FOR SOCIAL CONDITION

1) Delegate Minister to Mutual and Social Security:

 Agency: Congolese Institute of Mutual and Social Security .

2) Delegate Minister to Employment:

 Agency: Congolese Centre for Employment

3) Delegate Minister to  Housing and Habitat:

 Agency: Congolese Centre for Human Settlements

4) Delegate Minister to Family and Gender:

 Agency: National Centre of Family and Gender

5) Delegate Minister to peasant condition and informal businesses:

 Agency: National Service for Peasants and informal Trades

VIII. STATE MINISTER FOR JUSTICE AND HUMAN RIGHTS

1) Delegate Minister to Judicial Institutions:

 Agency: National Service of Judicial Institutions (SNij)

2) Delegate Minister to Good Governance:

 Agency: Permanent Central Institute for Structural Reforms

3) Delegate Minister to Participatory Justice:

 Agency: Congolese Institute for communities

4) Delegate Minister to Human Rights:

 Agency: National Institute for Human Rights

 Agency: National Institute of Inventions and Trademarks

IX. STATE MINISTER FOR LOCAL GOVERNMENTS

1) Delegate Minister to Land Affairs. :

 Agency: National Office for Land Affairs

2) Delegate Minister to People :

 Agency: National Office for Populations

3) Delegate Minister to Community Affairs:

 Agency: Conversion Fund for Customary Authorities

4) Delegate Minister to Management of Cities:

 Agency: National Office of City Development.

X. STATE MINISTER FOR GLOBAL & TERRITORY PLANNING

1) Delegate Minister to Statistics and Surveys:

 Agency: National Institute for Statistics and Surveys

2) Delegate Minister to the Plan:

 Agency: Agency of Planning and Investment Promotion

3) Delegate Minister to Public Works:

 Agency: National Agency of Public Works

XI. STATE MINISTER FOR HEALTH AND ENVIRONMENT

1) Delegate Minister to Public Health:

 Agency: Congolese Agency of Public Health

2) Delegate Minister to Medical Institutions :

 Agency: National Support Agency for Medical Institutions

3) Delegate Minister to the Conservation of Nature:

 Agency: Congolese Institute for the Conservation of Nature

4) Delegate Minister to Forests:

 Agency: National Center for Forestry Operations

XII. STATE MINISTER FOR TRANSPORT & TELECOMMUNICATIONS

1) Delegate Minister to Road Transport:

 Agency: National Agency ofRoad Transport

2) Delegate Minister to Maritime Transport:

 Agency: National Agency of Maritime Transport

3) Delegate Minister to Rail Transport:

 Agency: National Service of Railway Transport

4) Delegate Minister to lake and river Transportation:

 Agency: National Service of Internal Navigation

5) Delegate Minister to Civil Aviation:

 Agency: National Service of Civil Aviation”

6) Delegate Minister to Telecommunications:

 Agency: National Telecommunications Service

XIII. STATE MINISTER FOR CULTURE AND COMMUNICATION

1) Delegate Minister to Arts and Culture

 Agency: Institute of Arts and Culture

2) Delegate Minister to Media:

 Agency: Central Institute of Public Information

3) Delegate Minister to Institutional Relations:

 Agency: Central Institute of Institutional Relations

XIV. STATE MINISTER FOR EXTERNAL RELATIONSHIP

1) Delegate Minister to Foreign Affairs:

 Agency: Commission Congolese Foreign Affairs

 Agency: Office of Management Diplomatic Representations (OGRD).

2) Delegate Minister to International Cooperation:

 Agency: Congolese Agency for Supervision of Cooperation Projects.

3) Minister Delegate to Regional Cooperation:

 Agency: Congolese Agency of Regional Cooperation (CAC).

XV. STATE MINISTER FOR PUBLIC SERVICE & NATIONAL SOLIDARITY

1) Delegate Minister to Public Administration:

 Agency: Central Institute of Public Administration.

2) Delegate Minister to the National Solidarity:

 Agency: National Solidarity Centre (NSC)

Each Delegate Ministry should be lead through a legal framework covering a specific area and so to avoid continual amendments to certain sectoral concerns today in the Constitution of 18 February 2006.

Governmental or public policies should be measured through performance indicators in terms of effectiveness (achievement of objectives) or in terms of efficiency (resources and time used to achieve objectives ), before deciding on the relevance of its continuity !

The Prime Minister have to organize:

  • Weekly meetings for all State Ministers ;
  • Quarterly meetings for State Ministers and Delegate Ministers ;
  • Annual seminars of all Ministers of Central government and provincial Governors accompanied by the members of their Local Governments.

Councilors of Ministers and support staff for government activities should be under a special status as officials assigned to help the governmental work under a Secretary General of the Government.

 2. The issue of Public Administration

Congo-Kinshasa would be a public administrative organization in the form of specialized agencies that are public institutions of an administrative nature. Management of those agencies would be entrusted to Managing Directors overseeing specialized services to assume all exhaustive tasks that may be performed by a deliberate organization.

Every governmental agency should include:

  • A Department of Administrative Affairs
  • A Department of Financial Affairs
  •  A Directorate of Operations (subdivided into specialized and specific services)
  • A Department of Compliance.

The Directorate of Operations should comprise a body of experts to work on the ground. On behalf of a governmental  agency, they have to make reports of its interventions while formulating technical and administrative recommendations to the Central Government and the decentralized entities, …in the purpose of implementing various governmental decisions – really and effectively- on the ground.

Compliance department would consist into two divisions :

Internal control division said ”Audit” to ensure compliance of internal management procedures of the Governmental Agency.

External control division said ”Inspectorate” to ensure compliance of external activities under supervision of the Agency to its basic mission.

There would therefore be an existence of ”inspectors” for schools, ”inspectors” for garrisons in the armed forces or for security services, inspectors for ”tax services”, Inspectors for ”public expenditure”, Inspectors for ”scientific research”, Inspectors for commerce, …

The Compliance Department would be responsible for the development of administrative, financial and technical procedures in touch with the Delegate Ministry to Public Administration – through an agency: the ”Central Institute of Public Administration”. This Compliance Department  would take into account all recommendations from the Directorate of Operations for an equitable burden between agents within the specific governmental agency.

With the assistance of the Compliance Department, the Directorate General of each Governmental Agency should submit reports on ‘‘Internal Evaluation of Public Policy’’ to the ‘‘National Commission for the Assessment of Policies’’ attached to the Parliament.

The mission of the ‘’National Commission for Assessment of Policies’’ – on behalf of Parliament – would be to discuss governmental sectoral projects and some frameworks for laws, to formulate – in collaboration with Delegate Ministries – suitable performance indicators for policies in terms of effectiveness (achievement of objectives) or efficiency (resources and time resources to be allocated for achieving objectives).

The ‘’National Commission for Assessment of Policies’’ would – periodically – conduct an external evaluation of public policies through governmental agencies in touch with all Compliance Departments located within those agencies . The purpose of the assessment of a public policy should be the rule on the relevance of its continuity, its eventual modification in a given direction or its outright liquidation.

The General Inspectorate of Finance would be a simple structure of coordination, otherwise there would be duplication: each agency (in the financial sector) would have its own ” Inspectorates” (inspectorate of governmental revenue, Inspectorate for public accounting, inspectorate for public expenditure, inspectorate for state portfolio Inspectorate for Supplies Inspectorate for Financial Institutions.) All Inspectorates within Government Agencies should be able to certify activities inspected within their field missions.

At the organizational level of the state, it is important to conceive of the existence of a State Ministry for Public Service & National Solidarity – with two Delegates Ministers, namely the Delegate Minister for Public Administration and the Delegate Minister for National Solidarity :

Delegate Minister to Public Administration : to organize the management of the public administration (and public services and institutions under the supervision of governmental agencies), as a system of contracts to encourage flexibility and performance of the agents, permanent status being exceptional, specific and motivated and to ensure the Public Service in collecting and harmonizing proposals from Compliance Directorates of governmental agencies.

Delegate Minister for the National Solidarity : to promote multiple forms of insurance in the public sector, to maintain effective and responsible relations with unions within Public Service by extending the notion of national solidarity to a fair distribution of burdens between state officers and to establish governmental structures of national solidarity in case of disasters and collective accidents.

Jean Munyampenda, Economist

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