NIGER

Niger is a unitary country with a multiparty political system characterised by a semi-presidential regime. The president of the Republic is elected through a two-round first-past-the-post system. The president appoints the prime minister who, in turn, forms the government. The National Assembly (parliament) consists of 171 members elected in a first-past-the-post system. Since 2004, Niger has been implementing full communalisation of the national territory, based on respect for the boundaries of traditional entities.

Niger has two levels of decentralised subnational authorities, communes and regions, which are recognised as being autonomous by the Constitution of the 7^th Republic enacted on 25 November 2010: “Local and regional government is based on the principles of decentralisation and deconcentration. The local and regional authorities are created by an organic law. They are autonomously governed by elected councils. The law establishes the fundamental principles of the autonomous government of local and regional authorities, their powers and their revenues” (Article 164).

The first local elections were held in 2004 for a five-year term and were repeated in 2011, along with regional elections. The renewal of the mandates of those elected in the 2011 elections, scheduled for 2016, was postponed several times and finally took place in December 2020.

As part of the implementation of the national decentralisation policy (Decree No. 212-104/PRN/MI/SP/D/AR of 30 March 2012 adopting the national decentralisation policy framework document), important mechanisms have been put in place to support local and regional authorities, including the National Agency for the Financing of Local and Regional Authorities (ANFICT or Agence Nationale de Financement des Collectivités Territoriales), created by Law 2008-38 of 10 July 2008, and the Management Training Centre for Local and Regional Authorities (CFGCT or Centre de Formation en Gestion des Collectivités Territoriales).

TERRITORIAL ORGANISATION
MUNICIPAL LEVEL	INTERMEDIATE LEVEL	REGIONAL LEVEL	TOTAL NUMBER OF SNGs (2021)
255 communes (Goundouma)		7 regions (Jaha)
Average municipal size: 89 225 inh.
255		7	262

Name and number of sub-communal entities:

Villages, tribes and neighbourhoods: 17 500

OVERALL DESCRIPTION: Niger has 255 communes, which form the first basic tier of local government. Niger has eight administrative regions (Agadez, Diffa, Dosso, Maradi, Niamey, Tahoua, Tillabéry and Zinder) headed by governors appointed by the central government. Of these eight regions, seven are also regional authorities (Agadez, Diffa, Dosso, Maradi, Tahoua, Tillabéry and Zinder) governed by elected bodies (regional council and president of the regional council). The Niamey region is a commune with special status (or city); it does not have the status of a regional authority.

At the intermediate level, Niger has 63 departments. These are administrative jurisdictions headed by prefects appointed by the central government.

STATE TERRITORIAL ADMINISTRATION: The administrative jurisdictions are the region and the department. These are divisions of the national territory without legal personality. They are the intervention areas of the deconcentrated services of the State and the levels of implementation of State policies at the subnational level.

Regions are a first-tier division of the national territory. They represent the first level of deconcentration of services. As the subnational representation of the president of the Republic, the prime minister and the ministers, the governor exercises the State’s authority in regions.

Departments are geographical divisions of regions. This is the second level of deconcentration of services and subnational representation of the State. As such, it is the operational level for implementing national policies and overseeing the communes. Departments are also a space for basic intercommunal cooperation. Prefects represent the authority of the State in departments, under the authority of the regional governor.

REGIONAL LEVEL: The deliberative body of each of the seven regions is the regional council. The duration of the council’s mandate is five years.

The regional council is composed of elected and non-elected de jure members. The elected members have the status and title of regional councillor. The number of councillors per region depends on its demographic size, but may not exceed 41. The de jure members of the regional council are sultans, heads of provinces, cantons or groupings. They have an advisory vote. Their number may not exceed one-fifth of the number of elected councillors.

The executive body of the region is the president of the regional council assisted by two vice-presidents. The president of the regional council and the vice-presidents are elected by the regional council from among its members, from among councillors who hold at least the secondary school baccalaureate or an equivalent diploma.

The acts of the executive of the regional council are subject to the legal control of the governor representing the State at the regional level.

MUNICIPAL LEVEL: The commune is the basic territorial division in Niger. The geographical boundaries of communes coincide with all or part of the territorial space of traditional entities: cantons in settled areas and groupings in nomadic areas. Communes can be rural or urban.

Rural communes are groupings of villages, tribes or neighbourhoods around a central location with at least 2 000 inhabitants and coinciding with all or part of the territorial space of a canton or grouping, depending on the socio-ecological zone in question. There are currently 214 rural communes in Niger.

Urban communes are groupings of neighbourhoods and villages and tribes around an urban area of at least 5 000 inhabitants. Urban communes may be set up as communes with special status when the main urban area has a population of at least 100 000 inhabitants. It is then called a city. There are currently 37 urban communes and four communes with a special status or cities in Niger - Maradi (which includes three communal arrondissements); Niamey (five communal arrondissements); Tahoua (two communal arrondissements) and Zinder (five communal arrondissements).

Communal arrondissements are parts of the commune with a special status, and receive delegated powers and resources from the commune. It is a decentralised administrative structure within the commune, with no legal personality.

Communes are made up of two types of bodies: (i) a deliberative body - the municipal council elected by the population and (ii) an executive body - the mayor elected from the municipal council. The mayor is assisted by one or two deputies. The number of council members is proportional to the size of the population and may not exceed 25 councillors.

Similar to regional councils, municipal councils have non-elected de jure members (sultans, heads of provinces, cantons or groupings) who have an advisory vote. For urban communes and communes with special status, the representation of traditional chieftainship is extended to village, tribal or neighbourhood leaders. The number of de jure members of the municipal council may not exceed one tenth of the elected councillors.

HORIZONTAL COOPERATION: Intercommunal cooperation is defined in Niger as the relationship freely established between several communes to jointly manage activities or public services, or to jointly carry out projects to promote local development and contribute to regional planning policy. Its legal framework is defined by Decree 2016-301/PRN/MIS/PD/ACR of 29 June 2016.

The development of intercommunal cooperation is limited by a poor understanding of the legal framework for this cooperation, the inadequacy of the regulatory framework and the tendency of local and regional authorities to favour decentralised cooperation relations with foreign counterparts.

A significant example of inter-communal co-operation is the Association of the Five Communes of Kornaka Canton (ACCK or Association des Cinq Communes du Canton de Kornaka). Created by Recognition Order 003/P/DAK of 7 April 2008 with the support of the NGO Eau Vive to manage water, hygiene and sanitation issues, the association has a general assembly composed of the elected representatives of the five communes, a committee of 15 members and an executive secretariat.

The responsibilities of local and regional authorities are based on Ordinance 2010-54 of 17 September 2010 on the General Code of Local and Regional Authorities.

The purpose of regions is essentially economic, social and cultural. Regions are responsible for the specific tasks and powers conferred on them by law which, due to the nature and importance of the tasks, are not within the remit of the State or the communes.

Communes are responsible for communal interests and for providing local public services which meet the needs of the population and which, due to their nature and importance, do not fall within the remit of the State or the region.

According to the principle of the general powers clause, local and regional authorities are entitled to intervene wherever required by local interest. In addition, in order to increase the responsibility of local and regional authorities, the State began a process of transferring powers and revenues to them. This process led to the adoption of the four-year plan 2018-2021 for the transfer of powers and revenues from the State to the communes and regions in the areas of education, health, water and the environment by Decree 2018-008/PRN/MI/SP/D/ACR of 5 January 2018.

Main responsibility sectors and sub-sectors
SECTORS AND SUB-SECTORS	Regional level	Municipal level
1. General public services (administration)		Administrative and financial management of the commune and municipal establishmentsCo-operative actions between local and regional authorities and public and private bodies
2. Public order and safety	Law enforcement	Law enforcement
3. Economic affairs/transport		Organising and managing urban transport;Developing car parks and parking areas on the public highway;Constructing, maintaining and managing slaughterhouses and dry-houses;Constructing, maintaining and managing markets and bus stations
4. Environmental protection		Disposing of the private property of the commune;Managing the public property of the commune;Managing migration corridors, grazing areas and pastoral water points;Developing and adopting planning documents, land and urban development tools
5. Housing and community amenities		Constructing, developing and maintaining roads:Constructing, developing and maintaining drainage, sewerage and wastewater treatment plants and refuse disposal plants;Constructing, equipping and maintaining public fountainsInstalling and maintaining public lighting;
6. Health	Constructing, maintaining and managing regional hospitals, maternal and child centres and other specialised regional centres	Social assistance to the elderly, disabled, destitute orphans and other deprived persons;Organising and managing funeral services;Supporting the creation of mutual health organisations.Constructing and maintaining primary health care centres
7. Culture and leisure		Developing, maintaining and managing public parks, sports and cultural complexes and playgrounds in the commune;
8. Education	Developing and implementing the regional school map; Constructing and maintaining school infrastructure	Constructing and maintaining primary and nursery schools;Constructing and maintaining informal education training centres
9. Social welfare

Scope of fiscal data: 57% of the communes, with a population of about 12 million. The amounts per capita are relative to this population. These figures do not allow for the calculation of precise indicators of % of GDP or % of public spending.

National Statistics Institute

Availability of fiscal data: Low

Quality/reliability of fiscal data: Low

GENERAL INTRODUCTION: Local and regional authorities have their own budget and financial autonomy. However, they have limited capacity to generate internal revenue to provide socio-economic services to the population.

The law requires that local and regional authorities allocate at least 45% of their regular revenue from the operating budget to capital investment. The National Agency for the Financing of Local and Regional Authorities (ANFICT) was created in 2007; its mandate is to manage and distribute the revenues allocated to local and regional authorities by the State and technical and financial partners (TFPs) in order to support their operations and the implementation of capital investments of which they are the project owners.

Subnational government expenditure by economic classification
2020	Dollars PPP / inhabitant	% GDP	% general government	% subnational government
Total expenditure	5	-	-	100.0%
Current expenditure	3	-	-	55.0%
Compensation of employees	-	-	-	-
Intermediate consumption	-	-	-	-
Social expenditure	-	-	-	-
Subsidies and current transfers	-	-	-	-
Financial charges (including interest)	-	-	-	-
Other current expenditure	-	-	-	-
Capital expenditure	2	-	-	45.0%
Capital transfers	-	-	-	-
Direct investment (or GFCF)	-	-	-	-

EXPENDITURE: In 2020, 57% of communes spent USD 60 million PPP, or about USD 5 PPP per capita, of which 55% was spent on operating expenses. An extrapolation of the amount of this spending to all communes leads to the estimation that it represents barely 0.3% of GDP and less than 1.5% of total public spending.

DIRECT INVESTMENT: No information is available on the nature of investment by local and regional authorities in 2020. In general, these investments involve economic infrastructure (building markets, slaughterhouses, public lavatories, bus station), administrative infrastructure (building offices), social infrastructure (building classrooms, integrated health centre, sewing centre, youth and cultural centre) and agro-silvo-pastoral and hydraulic infrastructure (wells, boreholes, protective dykes, farmers’ houses).

ⓘ No detailed data available for this country

Subnational government revenue by category
2020	Dollars PPP / inhabitant	% GDP	% general government	% subnational government
Total revenue	4	-	-	100.0%
Tax revenue	-	-	-	-
Grants and subsidies	-	-	-	-
Tariffs and fees	-	-	-	-
Income from assets	-	-	-	-
Other revenue	-	-	-	-

OVERALL DESCRIPTION: In 2020, the revenue of 57% of the communes amounted to almost USD 52 million PPP, or just over USD 4 PPP per capita. These revenues include: quotas and surcharges; fiscal taxes; property taxes; indirect taxes; taxes for services rendered; transfers of services; movable and immovable property; financial assets; miscellaneous resources; withdrawal from reserve funds; proceeds from the sale of real estate and assets; miscellaneous revenue; withdrawal from loans; withdrawal from investment funds; withdrawal from municipal funds. These revenue sources are supplemented by other revenues: decentralisation support fund; equalisation fund; specific tax on education; donations and bequests; contribution funds; mining royalties; forestry royalties; subsidies for investment works, etc.

TAX REVENUE: There are two categories of tax revenues: (i) taxes conceded by the State such as property tax, business tax, licence tax, etc., and (ii) taxes levied by local and regional authorities. The latter include direct taxes consisting mainly of the municipal or road tax, the tax on outdoor advertising, the tax on public houses, taxes on hydrocarbon pumps, hotel taxes and indirect taxes consisting mainly of the market tax, the slaughter tax and the animal identification tax.

GRANTS AND SUBSIDIES: The State provides grants to local and regional authorities via ANFICT, through three main mechanisms:

1. The decentralisation support fund (DSF or fonds d’appui à la décentralisation). The DSF was created by Article 225 of Ordinance 2010-054 of 17 September 2010, on the General Code of Local and Regional Authorities in Niger, with the aim of supporting the operation of local and regional authorities. Decree 2014-136/ PRN/MISP/D/ACR/MF of 7 March 2014 regulates the way in which DSF operates and is managed. In 2020, DSF grants to local and regional authorities amounted to CFAF 943 million, or just over USD 3.7 million PPP or USD 0.16 PPP per capita.

2. The equalisation fund (EF or fonds de péréquation). The EF was created by Article 226 of Ordinance 2010-054 of 17 September 2010, on the General Code of Local and Regional Authorities in Niger to support capital investment by local and regional authorities. The operating and management procedures of the EF are regulated by Decree 2014-137/ PRN/MISP/D/ACR/MF of 7 March 2014 and Order 0058/MISP/D/ACR/MF of 23 January 2019. The EF helps to compensate for the disparity in wealth between local and regional authorities. In 2020, funding provided by the EF to support local and regional communities amounted to CFAF 1 764 million, or nearly USD 7 million PPP or USD 0.3 PPP per capita.

3. The technical support fund (TSF or fonds d’appui technique). The TSF is intended to provide financial and technical support for institutional development and capacity building of local and regional authorities. In particular, it enables the financing of continuous training for elected officials and staff, support, advice and coaching actions and tools, and planning actions for local and regional authorities. The TSF is subject to an annual grant determined by the finance law and included in the national budget. It may also be funded by financial contributions from TFPs. In 2020, the resources mobilised by the TSF in support of the local and regional authorities amounted to CFAF 150 million, or just under USD 600 000 PPP.

In addition to these national revenue sources, local and regional authorities also receive grants and subsidies from TFPs. In 2020, the amount of external revenue provided to the local and regional authorities by the TFPs amounted to CFAF 14 167 million, i.e., nearly USD 56 million PPP.

ⓘ No detailed data available for this country

FISCAL RULES: The budget of each local or regional authority shall be prepared, approved and managed in accordance with the budgetary principles and public accounting rules applicable to the State. The budget for the year shall be drawn up and voted on in real balance, before 31 October of the previous year, in a single document showing all revenue and spending. The budget also includes extra-budgetary accounts and possibly subsidiary budgets. It is subject to the legality control of the supervisory authority (State representative). Local authorities submit their financial and administrative accounts to the Court of Auditors for examination at the end of each financial year. The General Inspectorate of Local and Regional Government (IGAT or Inspection Générale de l'Administration Territoriale) is responsible for carrying out inspection and control duties in the communes, after which, in the event of irregularities, the mayors may be dismissed from office.

DEBT: Local and regional authorities may take out loans under the conditions set out in a decree of the council of ministers, but they make very limited use of them, with few results. They do not have access to financial markets.

TERRITORIAL MANAGEMENT OF THE CRISIS: Since the outbreak of the pandemic on 19 March 2020, the government has taken a range of measures to handle it.

The first emergency measures consisted on the one hand of an information and public awareness campaign, and on the other hand of various restrictive measures (curfew, ban on gatherings of more than 50 people, ban on collective prayers, closure of borders, installation of hand-washing devices, wearing of masks, social distancing, teleworking, putting civil servants on leave, etc.).

A national coordination committee was set up to organise the response. This system has been replicated at all levels of the country's administrative structure through regional multisectoral “One Health” committees and district health committees.

With the support of technical and financial partners, the State has provided these structures with operating resources.

The government has also set up a national solidarity fund in the context of the fight against COVID-19, in which public and private institutions as well as individuals participate through contributions in cash or in kind.

EMERGENCY MEASURES TO COPE WITH THE CRISIS AT THE DIFFERENT LEVELS OF GOVERNMENT: The COVID-19 pandemic crisis resulted in restrictions on movement and mixing of populations at all levels.

In addition to communication and community engagement, the response plan includes strengthening epidemiological monitoring and strengthening the capacity of health services.

IMPACTS OF THE CRISIS ON SUBNATIONAL GOVERNMENT FINANCE: The COVID-19 crisis has had a significant impact on both the national economy (lower growth rate) and local economies (lower availability of revenues to local budgets). The restrictive measures taken to limit the spread of the disease have resulted in a loss of income for local and regional authorities, particularly due to shops and markets being closed. This situation has had a significant impact on the financial capacities of local and regional authorities: accumulation of salary arrears, failure to hold regular sessions, etc.

Reductions in the raising of municipal tax ranging from 15% to 60% were recorded.

In addition, many of the planned transfers of support funds from technical and financial partners were either delayed or diverted to the fight against COVID-19, depriving the local and regional authorities of external revenue sources.

ECONOMIC AND SOCIAL STIMULUS PLANS: The fight against COVID-19 has been taken on by the central government in a comprehensive plan known as the New Coronavirus (COVID-19) Preparedness and Response Plan 2020 (or Plan de préparation et de réponse au nouveau coronavirus (COVID-19) 2020) for an estimated amount of CFAF 28 821 million (approximately USD 113.5 million PPP). The plan has six parts: (i) coordination of the response (4% of funding); (ii) epidemiological monitoring (9%); (iii) infection prevention and control (8%); (iv) risk communication and community engagement (4%); (v) strengthening the capacity of health services (53%); (vi) isolation sites (22%).

No specific recovery plan to support local and regional authorities has been drawn up.