Egypt

The Arab Republic of Egypt is a transcontinental nation on the northeast of Africa and southwest corner of Asia via the Sinai Peninsula. The Republic lies between the Mediterranean Sea to the north, the Gaza Strip and Israel in the northeast, the Red Sea to the East, Sudan to the south and Libya to the west. The majority of the population live in arable land found in the banks of the Nile River. 90% of the Populace is Muslim and 99.6% are ethnic Egyptian.
The republic is a unitary country with one of the longest centralised traditions. Local-level organisation in Egypt dates back to the end of the 18th century. Currently, Law 43/1979 is still the legal basis of the local administration system. The Egyptian administration is organised on the basis of a strong hierarchical vertical structure.Significantly, in 2005, President Mubarak endorsed the Political Manifesto ‘Decentralisation for Democracy’[1].

Local administration is organised in 3 subnational levels including five territorial units: 1) governorates 2) regions 3) districts 4) cities 5) villages.
Since the 2011, Arab Spring, there has been a revolution and a subsequent coup d’état. The following does not account for the de facto situation, which may change, and does not account for interference from Islamic State elements in the north east of the country. In January, 2014, however, the new Constitution was approved with a 98% majority in favour.

2011: Arab Spring and Post-Mubarak era.
Following a two week long popular revolt between 25 January and 11 February 2011, the Supreme Council of the Armed Forces took over the State, suspended the Constitution and announced the establishment of a constitutional committee to prepare a report to review certain articles of the Constitution. A referendum, on 19 March 2011, approved the draft Constitution proposed by the Committee. On 30 March 2011, a Constitutional Declaration was issued, following which a hundred-member Constituent Assembly was to be established within six months in order to draft a new Constitution. The process, however, took almost a year because stakeholders could not agree on its composition.

2012: the parliamentary and presidential elections held in January and May respectively saw the emergence of the Islamist Muslim Brotherhood’s Freedom and Justice Party as the dominant political force. Once installed, the new Parliament had the responsibility to prepare a more permanent Constitution for Egypt. In October 2012, the Assembly announced that it had completed the first Constitutional Draft. A public awareness campaign followed to inform the public about the Constitution. The Assembly finalised the drafting process on 29 November 2012.
The 2012 Constitution contained a specific chapter on local administration, which divided the State into five "local administrative units that have legal personality" (Article 183), namely "governorates, provinces, cities, districts and villages".

A pivotal reference to decentralisation was made in the same article, according to which the system of local administration was to be organised by law ‘in a way that supports decentralisation, that empowers administrative units in providing local services and facilities, that reinvigorates them and improves their administration’[2].

The Constitutional Declaration of 8 July 2013 suspended the 2012 Constitution[3] and was replaced, in turn, by the new Constitution which took effect on 18 January 2014,[4] after having been approved in a national referendum by 98.1% of voters, with a turnout of 38.6%.The new constitution introduces a simplification in the organisational structure of local administration in Egypt, reducing the number of local administrative units from five to three, including governorates, cities and villages (Article 175).[5]

At the same time, the 2014 Constitution goes much further than previous constitutions in promoting decentralisation, stating that the State is to ensure "administrative, financial and economic decentralisation" (Article 176) and to "ensure the fulfilment of the needs of local units in terms of scientific, technical, administrative and financial assistance, and the equitable distribution of facilities, services and resources, and shall bring development levels in these units to a common standard and achieve social justice between these units."(Article 177)

The 2014 Constitution grants local units the right to "independent financial budgets" (Article 178), with funds derived from a combination of local taxes and resources allocated to them by the State. Every local council is to develop its own budget and final accounts (Article 182).

Local councils are to be elected by direct and secret ballot for a term of four years (Article 180), with a quarter of the seats allocated to young people under 35 years of age, and one quarter to women candidates. Half the seats on local councils are to be occupied by workers and farmers, and an appropriate representation of Christians and people with disabilities is to be ensured.

In terms of their remit, local councils are to follow up on the implementation of the development plan, monitor activities and exercise oversight over the executive authorities, using tools such as submitting proposals and questions, briefing motions, interpellations, etc. Local councils may withdraw confidence from the heads of local units (Article 180).
The Constitution states explicitly that "Local councils’ resolutions that are issued within their respective mandates shall be final. They shall not be subject to interference by the executive authority". (Article 181)

While the new constitution was adopted in 2014, many policy areas have not been fully developed by the respective ministries. Governors have frequently been reappointed, and ministers for various only recently appointed. Many ministry websites are currently inaccessible. The following pages describe the situation that exists at the moment:

  • Decentralisation in Egypt is limited to a system in which local units serve administrative functions only, without any real involvement in the political decision-making process[6].
  • Central authorities, which "have the last word in terms of managing local affairs"[7] exert tight control over local councils. Based upon a strong hierarchical model, the governorate popular council has control over the lower councils, in accordance with Law No. 124/1960. District and town local popular councils exercise in turn the same level of control over lower-placed popular councils.
  • The 1971 Constitution established a bicameral Parliament, whose legislative branches were the People’s Assembly and the Shoura Council.

 

The same structure was confirmed by the 2012 Constitution, which reiterated that the People’s Assembly would comprise at least 350 members, directly elected for a 5 year term. The Shoura Council consisted of at least 150 directly elected members and the President appointed additional members accounting for a maximum one-tenth of the entire body. Members of the Shoura Council were supposed to hold office for six years, and every three years half of its members were to face elections or reappointment[8]. However, the 2014 Constitution abolished the Shoura Council.[9]

Even though the 2002 national elections were expected to offer a greater opportunity to develop the decentralisation process in Egypt, the 2-year delay in the organisation of local elections that should have taken place on 15 April 2006 highlighted the weaknesses of the system of local democracy[10].
The last parliamentary and presidential elections were held in January and May of 2012, respectively. Both elections saw the emergence of the Islamist Muslim Brotherhood’s Freedom and Justice Party as the dominant political force in Egypt, winning 70% of the seats in Parliament while their presidential candidate, Mohammed Morsi, won the presidency. It was also the first time an Islamist had been elected to the presidency[11]. "President Morsi was deposed by a military coup on 5 July 2013. The President of the Supreme Constitutional Court, Adly Mansour, acted as President until new elections were held on 26-28 May. Former Minister of Defence and Commander-in- chief of the armed forces, Abdel Fattah El-Sisi, took office as the new president of Egypt on 8 June 2014."

At the local level there are urban municipalities and village municipalities with local councils. Local popular councils have limited authority and are subject to oversight by appointed local executive councils. Local popular councils are directly elected and half of councils’ members must be farmers and workers. The 1979 Law on Local Government System also regulates local government elections. Councils have between 10 and 24 members depending on the size and level of the local government unit.
Candidates deposit nomination papers with the governorate or local government unit within a period to be determined by the Governor and must pay a relatively modest financial deposit.
Voters select as many candidates as there are seats to be elected. For a ballot to be considered valid, voters must vote for at least half the number of candidates as vacant seats (Article 75 bis).
Candidates with the highest scores are awarded seats. Their term of office is four years. The results are announced by the Governor. 
 
Key principles and hierarchy between levels


The Egyptian administration is organised on the basis of a strong hierarchical vertical structure[12]. Under Law 43 of 1979, local administration is organised on the basis of 3 subnational levels including five territorial units[13]. At each level, there is a governing structure combining representative councils and government-appointed executive bodies headed by governors, district officers, and mayors, respectively. Governors are appointed by the president, and they, in turn, appoint subordinate executive officers. The backbone of the state apparatus runs downward from the Ministry of Interior through the governors’ executive.

Regardless of the specific status (governorates, regions, cities, districts or villages), local administrative units are made up of two important bodies[14]:

1. local executive councils
2. local popular councils
 
Outlook and prospects


Decentralisation in Egypt is one of the reforms necessary to move to a truly democratic governance regime[15]. In 2012, the former Shoura Council (Upper House of Parliament) presented to the constituent assembly their vision for a democratic local governance structure and reform,[16] to be debated and included into the new Constitution.

The Shoura Council agreed on several key principles to guide reforms in local governance, including[17]:

a) the devolution of authority from the central level to the local level;
b) elected Local Popular Councils that are given full authority and the means to supervise the performance of Local Executive Councils, including the right to question executive council members and governors, and the right to call for a vote of "no confidence" on such individuals;
c) the decentralisation of taxation and budgetary authorities.
The 2014 Constitution incorporates many of the recommendations of the Shoura Council.


1.1. Central level

At national level the Parliament adopts laws setting out the allocations of local authorities and carries out a tight form of legislative, executive and taxation/budgetary oversight.

· Parliamentary oversight
The People’s Assembly holds overriding powers over the local councils[18]:
- Members of the People’s Assembly have the right to audit popular council meetings, participate in debates, ask questions, offer suggestions and request information;
- The Minister in charge of local administration is required to present an annual report to the President of the People’s Assembly on the activities and accomplishments of the local popular councils;
- the Assembly can take the form of a commission in charge of evaluating the activities and accomplishments of each local unit.
· Executive oversight
Central authorities have the responsibility and power to create and disband local authorities. Irrespective of the established principle of electing local council, de facto "the possibility of nominating particular members – by central authorities – has not been excluded".[19]
The Governors are appointed by the President of the Republic.
The nomination of mayors and heads of urban subdivisions, as well as changes and transfers within or between local authorities, are carried out upon decision of the Prime Minister, with the agreement of the Governors in question.

· Oversight of taxation/budgetary matters
Central authorities have oversight over the activities of local councils and authorities, particularly those relating to financial issues.
The free transfer of movable and immovable assets or rental fees carried out by the governorate popular council for amounts of over 50 000 Egyptian pounds must be approved by the Council of Ministers[20].

1.2. Regional level

Law 475 of 1977 also divided the Republic into 7 economic regions without any administrative/political function[21]. Before 1975, the regions were essentially an area division for the proper function of State activities (e.g. security purposes and registration for military service). Nowadays, the regions have an autonomous legal status.

At regional level, within the governorates, the governors and the governorate local council have extensive powers over lower local councils especially at legislative and budgetary levels.[22]
In particular, they can approve or oppose decisions made by lower popular councils. Furthermore, governorate local popular councils have the power to stand in for local popular councils under the control of the governorate for projects that councils are unable to carry out themselves.
As for financial issues, the Governor’s approval is required for any taxes that a local town council plans to raise. Moreover, governors scrutinise local council budgets and close their accounts. They also have the power to oppose decisions made by local popular councils.

27 governorates: created by decision of the President of the Republic, they are made up of at least one town[23]. However, the head of Egypt's Urban Planning Authority has recently confirmed that Egypt will see five new governorates by 2017, bringing the number of governorates to 32; this is designed to bolster development efforts by redrawing administrative boundaries[24]. In the eastern area, extending across the Sinai until the Suez and Aqaba coasts, a Central Sinai governorate will be created; surrounding Cairo, there will be two new governorates (known as "10 Ramadan" and "25 January"; in the western area, the Al-Alamein governorate will be created.

Governorates are either fully "urban" or a combination of "urban" and "rural" and the official distinction is reflected in the lower levels; in fact, fully urban governorates have no regions, which is, originally, a conglomeration of villages[25]. Instead, they are divided into districts.

Other governorates are divided into regions. There are some 166 regions in Egypt, which include a capital city, possibly other cities and a group of villages. At present each region has an autonomous legal status as a local unit, overseeing the lower villages[26].

1.3. Local level

District local popular councilsexercise oversight over the activities of local town and village councils within the district and can approve their decisions.
They also have control over various local services covering more than one local unit within the district’s framework[27].
They can also serve other functions:

o Proposing the creation of various services of general interest in the district;
o Determining and approving general regulations relating to the use of the district’s assets;
o Approving how the district’s local public services are organised.
Town popular councils: exercise powers of oversight over urban subdivision councils and guarantee coordination of their activities. They also control local services within the framework of the town or city’s constituency.

Urban subdivision popular councils have responsibilities and powers similar to those of town popular councils.

Village popular councils exercise control over the various local services as part of the district’s general policy. Villages are mainly responsible for maintaining security and resolving social and land conflicts, irrigation matters, etc.



[1] See F.P. Kulipossa, ‘Decentralisation and Democracy in Developing Countries: An Overview’, Development in Practice, vol. 14 (2004) 6, pp. 768-779.

[2] Draft dated 30 November 2012 of the Constitution of the Arab Republic of Egypt, Unofficial translation available at: www.constitutionnet.org/vl/item/new-constitution-arab-republic-egypt-approved-30-nov-2012 (EN). See also SIS, Constitution Overview, available at: www.sis.gov.eg/En/Templates/Articles/tmpArticles.aspx?CatID=206 (EN).

[3] The Constitutional Declaration suspending the 2012 constitution and establishing a new road map for the country, 8 July 2013, available at: www.constitutionnet.org/vl/item/unofficial-english-translation-constitutional-declaration-egypt-july-08-2013 (EN).

[4] Ibid.

[5] The 2014 Egyptian Constitution pg.35 available at: http://www.sis.gov.eg/Newvr/consttt%202014.pdf (AR) and http://www.sis.gov.eg/En/Templates/Articles/tmpArticles.aspx?CatID=2603#.Uxne0uIzJ8E (EN)

[6] See United Nations Department of Economic and Social Affairs (UNDESA),Arab Republic of Egypt- Public Administration Country Profile, February 2004, available at: http://unpan1.un.org/intradoc/groups/public/documents/un/unpan023261.pdf, p. 7 (EN).

[7] UCLG, Global Observatory on Local Democracy and Decentralisation (GOLD), Egypt- Country Profile, 2007, available at : www.cities-localgovernments.org/gold/country_profile_africa.asp, p. 2 (EN), where it is even confirmed that ‘Local councils also come under jurisdictional control’. See also J. B. Mayfield, Local Government in Egypt, (American University of Cairo, Press, 1996).

[8] Art. 195 of the 1971 Constitution stated that ‘The Shoura Council shall be composed of a number of members defined by the law, but not less than 132 members, of whom two thirds of the members shall be elected by direct secret public balloting, half of whom at least must be workers and farmers. The President of the Republic shall appoint the other third’. For a comprehensive analysis of the electoral framework in Egypt, including relevant data, see Democracy Reporting International, Assessment of the Electoral Framework- The Arab Republic of Egypt, Final Report, April 2007, available at: www.democracy-reporting.org/files/dri_egypt.pdf (EN).

[9] http://www.aljazeera.com/news/middleeast/2014/01/what-egypt-proposed-new-constitution-201411312385987166.html (EN).

[10] Ibid. For information about the elections, consult the website: https://www.elections.eg/ (AR).

[11] See International IDEA, Constitutional History of Egypt, available at: www.constitutionnet.org/country/constitutional-history-egypt (EN).

[12] J. Martinez Vazquez, A. Timofeev, ‘Decentralizing Egypt: Not Just Another Economic Reform’, International Studies Program Working Paper 08-33, December 2008, available at: http://aysps.gsu.edu/isp/files/ispwp0833.pdf, p. 10 (EN).

[13] J. Martinez Vazquez, A. Timofeev, ‘Decentralizing Egypt: Not Just Another Economic Reform’, International Studies Program Working Paper 08-33, December 2008, available at: http://aysps.gsu.edu/isp/files/ispwp0833.pdf, p. 10 (EN) and A. Sawi, Governors Without Governance, Constitutional, Legal and Administrative Frameworks of Local Government in Egypt, available at: http://www.mafhoum.com/press4/114P6.pdf, p. 6 ff (EN).

[14] UCLG, Global Observatory on Local Democracy and Decentralisation (GOLD), Egypt- Country Profile, 2007, available at : www.cities-localgovernments.org/gold/country_profile_africa.asp, p. 2 (EN).

[15] For further references see M. Lavergne, ‘Monde arabe : pas de démocratisation sans décentralisation’, Confluences Méditerranée, 85 (2013), pp. 20-32

[16] Shoura Council, ‘Initial Report of the Human Resources Development and Local Administration Committee, The Proposed Chapters of Local Administration in the Constitution Submitted by the Committee’, Thirty-second Session, 2012.

[17] Fur references see S. Tobbala, ‘Local Governance and Democratization: The Roadmap for a Responsive Accountable Egypt’, Paper presented at The London School of Economics and Political Science–LSE, September 2012, available at: www.lse.ac.uk/middleEastCentre/research/Collaboration-Projects/collaboration-2011-2012/LSE-Collaboration-with-FEPS/Salwa-Tobbala-Egypt---Democratic-Governance-FEPS-15-10-12.pdf (EN).

[18] UCLG, Global Observatory on Local Democracy and Decentralisation (GOLD), Egypt- Country Profile, 2007, available at : www.cities-localgovernments.org/gold/country_profile_africa.asp, pp. 3-4 (EN).

[19] Ibid.

[20] Ibid.

[21] UNDESA,Arab Republic of Egypt- Public Administration Country Profile, February 2004, available at: http://unpan1.un.org/intradoc/groups/public/documents/un/unpan023261.pdf, p. 8 (EN).

[22] UCLG, Global Observatory on Local Democracy and Decentralisation (GOLD), Egypt- Country Profile, 2007, available at : www.cities-localgovernments.org/gold/country_profile_africa.asp, p. 5 (EN).

[23] The 27 governorates currently include: Alexandria, Aswan, Assiut, Beheira, Beni Suef, Cairo, Dakahlia, Damietta, Fayoum, Gharbia, Giza, Ismailia, Kafr el-Sheikh, Matrouh, Minya, Menofia, New Valley, North Sinai, Port Said, Qualyubia, Qena, Red Sea, Al-Sharqia, Soha, South Sinai, Suez, Luxor. See the State Information Service (SIS) web portal at the following page: http://www.sis.gov.eg/En/Templates/Articles/tmpArticles.aspx?CatID=2631 (EN).

[24] See Ahram Online, Sunday 21 October 2012, available at: http://english.ahram.org.eg/NewsContent/3/12/56122/Business/Economy/Egypt-to-create--new-governorates-to-push-decentra.aspx (EN).

[25] Ibid.

[26] Ibid.

[27] UCLG, Global Observatory on Local Democracy and Decentralisation (GOLD), Egypt- Country Profile, 2007, available at : www.cities-localgovernments.org/gold/country_profile_africa.asp, p. 6 (EN).​

Decentralization Index

​​An interactive tool with perspective on different dimensions of decentralisation (political, administrative and fiscal) across the 27 EU Member States

Go to the Decentralization Index