Introduction
Since its inception, the United Nations Permanent Forum on Indigenous Issues (UNPFII) has been formulating and advocating policies for the full and effective participation of indigenous peoples in all matters that concern them and stands firmly behind the human rights-based approach to development and the principle of free, prior and informed consent (FPIC);
Article 7(1) and (2) of the ILO Convention state that:
“The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions, and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, the extent possible over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programs for national and regional development, which may affect them directly…Governments shall ensure that whenever appropriate, studies are carried out, in cooperation with the peoples concerned, to assess the social, spiritual, cultural and environmental impact on them of planned development activities. The results of these studies shall be considered as fundamental criteria for the implementation of these activities”.
Article 10 of the Draft Declaration states that “Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation, and where possible, with the option of return.”
The principle of free, prior and informed consent is also clearly encapsulated in Article 30 of the Convention, which states that “Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands, territories and other resources, including the right to require that States obtain their free and informed consent prior to the approval of any project affecting their lands, territories and other resources…”
COUNTY ANNUAL DEVELOPMENT PLAN
Section 126 of the Public Finance Management Act provides for the County Annual Development Plan (CADP). This important document is based on the five-year County Integrated Development Plan (CIDP). The CADP is a single year extract of the CIDP.
The County Annual Development Plan is based on the five-year County Integrated Development Plan (CIDP). The County Annual Development Plan is a single year extract of the CIDP. The CEC in charge of Finance and Planning should table the County Annual Development Plan (ADP) before the County Assembly by the 1st of September of each year. See additional details under the
7 Key Questions to ask about the CADP
“This becomes the basis for the annual budget. Remember, the County Government Act, 2012 provides that no funds should be appropriated in the budget unless provided for in a plan. So, if we want to know what to look for in the budget, we should be starting ideally with the CIDP, then the Annual Plan, and then the budget estimates,” IBP Kenya
HOW TO ANALYZE COUNTY ANNUAL DEVELOPMENT PLAN (CADP)
To analyse a County Annual Development Plan (ADP), the guide by IBP uses a set of seven key guiding questions on how to understand the Annual Development Plan. This article presents a summary of the guide. The questions are as follows:
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Does the ADP identify priorities within the sector?
– The Annual Development Plan (ADP) should provide strategic priorities that will guide the process of identifying and prioritizing the programs of the county.
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Does the ADP identify the programmes within the sector?
– An ADP should show priorities organized under programmes in the same format as the county’s programme-based budget.
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Does the ADP provide information on significant capital projects?
– An ADP should give details of capital (development) projects that will be undertaken in the coming financial year. This includes details of individual projects, location of the projects, status (ongoing, new, etc.), completion timelines, source of funding and the proposed costs for the projects.
READ MORE:
– How Nyamira County spends public resources
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Does the ADP indicate where the projects were derived from?
– Possible sources of projects for an ADP include proposals from public participation, projects identified in the CIDP and projects derived from sector plans. This should be supported by reliable and accurate data as well as research and feasibility studies.
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Does the ADP provide performance targets for programmes or projects and/or indicators of success or impact?
– An ADP should show priorities organized under sectors and programmes. The programmes should include a select set of performance indicators and targets (not more than a few for any programme) that can be used for tracking transition in the budget estimates but also implementation if they are approved in the budget.
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Is there information on how the public was involved in the formulation of the ADP?
– The public should participate and have a say in the priorities in the ADP. Therefore, the ADP should indicate if there was public participation, provide a detailed breakdown of priorities shared by the public, and indicate to what extent those priorities were adopted.
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What additional information do you need to inform the next stages in the budget cycle that are not provided in the ADP?
– Since the ADP is a planning document, it should inform the rest of the formulation stage of the budget. This includes the preparation of the County Budget Review and Outlook Paper, the County Fiscal Strategy Paper and the annual budget estimates.
Call to action (CTA)
- Find out whether your county has a County Budget and Economic Forum and who is presenting your interests there;
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Let us embrace ICT and be active on social media in advocating for human rights; – Facebook, Twitter, organization websites, WhatsApp groups etc
References
Engaging Indigenous peoples in governance processes: International legal and policy frameworks for engagement: https://bit.ly/3CRs7sV
International Budget Partnership, (2018). Key Questions about Your County Annual Development Plan: https://bit.ly/3jVx5fG
Hakijamii (2019). Analysis of Kisumu CIDP 2018-2022 on Access to Basic Services: https://bit.ly/3yTeKpB
County Governance Tool Kit: https://countytoolkit.devolution.go.ke/sites/default/files/resources/ADP_step_by_step_0.pdf
