Translation: Law of Democratic Municipalities and the Federation of Municipalities

In anticipation of the forthcoming municipal elections in NES, planned for 11th of June 2024 [now postponed to August], the DAANES passed a new law specifying its system of municipalities and federations of municipalities.

The elections have been called in accordance with the publication of the new Social Contract, published by the DAANES in December 2023.

Law of Democratic Municipalities and the Federation of Municipalities

Law No. 4 of 2024

Section One – Objectives

Article 1: Objectives of the law.

This law aims to define the legal aspect of municipalities and the Federation of Municipalities, clearly define the powers and duties of the municipalities and explain the principles of its work in accordance with the Social Contract of the Democratic Autonomous Administration of North and East Syria.

Section Two – Municipalities

Chapter 1

Definition of the Municipality – Powers and Responsibilities

Article 2: Definition of the municipality

The municipality is an administrative, local, social and developmental unit that exercises the powers granted to it by law within its scope. The municipality enjoys legal personality and financial and administrative quasi-independence within the scope of this law.

Article 3: Creation of municipalities

Municipalities are created based on the Administrative Divisions Law.
Determining the geographical scope of the municipality is an administrative procedure, and the municipal scope determination maps are included in the municipality establishment file.

Article 4: Powers and tasks of the municipality

Organizing, coordinating and planning construction works according to an organizational plan duly certified by the competent authorities.
Licensing and monitoring construction works, buildings, and all public and private extensions and wiring and sanitation.
Work to distribute drinking water fairly and preparing plans and studies for strategic network projects.
Working to develop infrastructure and secure sewage networks.
Undertaking cleaning work within its scope of work, organizing the process of collecting waste from the source, and developing plans for development, including recycling.
Maintaining the appearance and cleanliness of the town, establishing gardens, squares, parks, and public swimming areas, organizing and managing them directly or indirectly and monitoring them.
Creating projects specifically for women and child care.
Paying attention to public health, filling ponds and swamps, preventing floods, and creating fences of trees around the municipality to protect it from sand.
Monitoring of food and consumable goods, as well as the supervision of the supply of these items to citizens, monitoring their prices and the prices of public services, and monitoring weights and measures in cooperation with the competent authorities.
Establishing and organizing slaughterhouses.
Establishing markets and determining the selling center.
Licensing jobs that fall within the municipality’s jurisdiction in coordination with the competent authorities. Opening public stores and monitoring them responsibly from a technical perspective.
Developing the community economy (cooperatives projects) in order to achieve self-sufficiency.
Preserving public health and taking the necessary measures in cooperation with the concerned authorities to prevent and extinguish fires in relation to buildings that are vulnerable to collapse or dilapidated parts of them. In addition, the establishment of public shelters is a priority.
Determine the locations for street vendors and cars in agreement with the competent authorities.
Organizing internal transportation and determining its fees in agreement with the competent authorities.
The municipality may expropriate any property for public benefit in exchange for fair compensation and after verifying that there is no real estate owned by the local administration that meets the needs of the service project in accordance with the expropriation law.
Determining and collecting fees, violations, fines, and municipal revenues unless specified by law.
Supporting community culture and the return of communities living in our regions to their authenticity and preserving existing heritage and historical places, in coordination with the competent authorities.
Developing cultural, sporting and social activities, and contributing to them in cooperation with the relevant authorities.
Cooperating with the competent authorities to address the phenomenon of begging and homelessness and to provide individuals who are engaged in these activities with the resources necessary to live a decent life.
In collaboration with the appropriate authorities, providing resources to ensure that those who are elderly, orphaned, or have special needs are able to live a decent life.
Providing light within cities and towns.
Furnishing, fencing and cleaning graves and sinks.
Preventing and eliminating encroachment on municipal property and public property under its management and working to protect it.
Any activity or work within the administrative scope requires the granting of a license from the municipality.
Working to build a sustainable democratic society and a stable environmental life.
Improving road networks and ensuring citizens’ needs for transportation in comfort and safety, in a manner consistent with the privacy of society.
Regulating marriage contracts.
Documentation of lease contracts.

Chapter 2

Municipal Council

Article 5: Definition of the Municipal Council

The Municipal Council is a council directly elected by the people. The number of members of the Municipal Council is determined in proportion to the population of the city or town, and the Municipal Council is responsible for managing the municipality.

Article 6:

Each municipality constitutes one electoral district

Article 7:

The term of office of municipal councils is two years, and in the event of an emergency in which it is not possible to hold elections in a region, the decision to set the date of the election shall be taken by the High Electoral Commission and the Peoples’ Assembly.

Article 8: Jurisdiction of the Municipal Council

Establishing regulations for the municipality’s work that do not conflict with the policies, strategies and laws of the Autonomous Administration, and these regulations shall be binding.
Communication and coordination with neighborhood communes with the aim of identifying the service problems from which the communes suffer.
Estimating the annual budget and submitting it to the Canton Federation of Municipalities.
Determine municipal fees and rates unless they are determined by law.
Approval of the contract books for the sale of municipal property.
Accepting and rejecting donations and recommended funds.
Preparing general programs for works, beautification, cleaning, health affairs, and water and lighting projects.
Opening and widening streets, their intersections, turns and divisions, and creating parks and public squares in accordance with the organizational and directive plans approved by the regional committee.
Licensing popular and mobile markets in appropriate places.
Regulating all types of internal transportation and determining its tariffs.
Providing assistance and facilities to those in need and people with special needs, and assisting clubs, associations, and other health, social, sports, cultural, and similar activities.
Whenever feasible, the municipality should undertake the construction of its own projects. However, in instances where this is not possible, it may enter into contractual agreements with external companies in accordance with the Contract Law of the DAANES.

Article 9:

The Municipal Council may, within its municipal scope, contribute to or assist in the implementation of the following works and projects:

Public schools, nurseries and vocational schools.
Public housing, bathrooms, public laundries and swimming pools.
Public hospitals, sanatoriums, dispensaries, and other health facilities and institutions.
Museums, public libraries, theaters, cinemas, clubs, stadiums, other public and sports venues, and social, cultural and artistic institutions.
Establishment of bakeries.
Local means of public transportation.
Public markets for selling food and refrigerators for preserving it.

Article 10:

It is not permissible to carry out the following activities without the approval of the Municipal Council:

Changing the name of the municipality.
Organizing public transportation and its routes.
Projects for evaluating and identifying major public roads and general directive designs within the municipal scope.
Establishing offices and headquarters of charitable institutions.

Article 11:

The Municipal Council, through its committees, monitors the work of the municipal executive body and ensures the proper conduct of work in the municipality that is documented in reports submitted to the Municipal Council.

Article 12: Dissolution of the Municipal Council and re-election

A referendum shall take place in response to a written request from 35% of the voters in one electoral district to the High Electoral Commission, pertaining to the co-chairs or the municipal council, or both. Should the outcome of the referendum be in favor of re-election, the re-election shall be conducted through the High Electoral Commission for the relevant body. However, a referendum may be requested for the same reason only once a year.
The Municipal Council shall be deemed dissolved if it loses at least half of its members or if its election is ruled invalid after the substitutes run out. The co-chairs of the Cantons Federation of Municipalities shall announce the dissolution by issuing a decision within a period of a maximum of one week from the date of notification.
In the event that the council is dissolved or considered dissolved, a new council shall be elected within a maximum period of fifteen days from the date of the dissolution decision or the decision to announce it, for the rest of the term of the dissolved council.
The whole or part of the Municipal Council shall not be renewed in the six months preceding the expiration date of the Municipal Council’s term.

Chapter 3

Municipal Council Meetings

Article 13: First meeting of the Municipal Council

The council holds a meeting in the first week after the elections, and the meeting is supervised by the co-chairs of the municipality. Two people are appointed by the co-chairs of the municipality to write the protocol of the meeting, and then an inspection is taken to ensure that the quorum for the meeting is present, which is set at fifty percent plus one of the number of members. The meeting begins with the two co-chairs of the municipality and members of the municipal council taking the legal oath, which is the approved oath in the Social Contract of the DAANES.
During the meeting, two deputies – a man and a woman – and members of the executive body and the Follow-up Committee are elected from among the members of the Municipal Council. The number of members of the Executive Board are determined from the members of the Council according to need, provided that the number is between 2 to 4, taking into account the proportion of parties and independents and the proportion of women equally.
The number of members of the Follow-up Committee should range between 2 to 6 people, provided that they are people with experience in the field of municipal work, and taking the equal presence of women into account.
Four writers of the protocol of the Municipal Council meetings are elected, taking into account the official languages of the Autonomous Administration.
The committees necessary for the conduct of the Council’s work are elected. Committee members are determined based on the proportion of parties and independent members.

Article 14: Municipal Council meetings

The Municipal Council meeting is held monthly, during the first week of the month, and the annual meeting takes place in the last month of the year.
Extraordinary meetings of the Municipal Council may be held based on a request from the co-chairs or a request from two-thirds of the members of the Municipal Council explaining the reasons for the request in a period not less than three days before the date of the meeting.

Article 15: Cases in which the co-chairs or a member of the Municipal Council is prevented from attending the meeting

In the event of a discussion pertaining to matters concerning the co-chair or one of the council members, or their relatives up to the second degree, the member in question is prohibited from attending the meeting.

Article 16: People’s meetings

Each municipality holds a meeting of the people every three months in order to evaluate the work. Public meetings are also held to determine and approve the annual projects of the municipalities. Fixed periodic meetings are held by the municipality. The preparation for the municipal meeting with the people is carried out by the municipality exclusively by inviting the people, councils, communes and parties, community organizations, independent figures, notables, and all segments of society, choosing the hall and meeting hall in the municipality or public facilities, and not holding the meeting in the halls and offices of political parties.
The meeting is supervised by the co-chairs of the municipality and a member of the municipal council or the women’s council area in the office, and public and private flags and symbols of the municipality are displayed.

Article 17: Department of the Municipal Council

Municipal Council meetings are supervised by the co-chairs, and in the event that the co-chairs are unable to attend, the session is supervised by the deputies of the co-chairs. In the event that the deputies are also unable to attend, the minutes clerk prepares a report canceling the meeting due to the failure of co-chairs and the deputies to attend. Then, the meeting is postponed to a later date.

Article 18: Voting mechanism within meetings

The following mechanisms shall be adopted during the Municipal Council meetings for secret voting and voting by show of hand, according to the following:

Secret voting: Voting is done by secret ballot in boxes by members of the Municipal Council, and the votes are counted and sorted publicly. The number of votes must be matched to the number of members of the Municipal Council, and the results of the voting are announced by the commission of the meeting represented by the co-chairs or the deputies. If the result is tied, the voting is repeated again, and if it is again tied, the commission draws lots, which determine the result. The election of representatives and members of The Executive Board and the Follow-up Committee are conducted by secret vote.
Voting by raising the hand takes place by the commission presenting the issue of voting. If there is a tie in the result the first time, it is repeated again and the result is determined by the commission of the session.

Note: the commission of the meeting is represented by the co-chairs and the deputies.

Article 19: Writing the protocols and announcing the decisions

The protocols are written by the protocol clerk and signed by the commission of the meeting. If necessary, with a decision of the Municipal Council, the meeting is recorded by audio and through photographs or video.
The decisions taken in the meeting are written by the protocol clerk and, at the end they are signed by the council office and the protocol clerk.
The decisions of the Municipal Council are numbered from the beginning of the year and are zeroed at the end of the year so that the numbering begins from the beginning of the next year.
The co-chairs must issue the decisions in their final form within a period not exceeding three days from the date of the meeting, and the relevant authorities will be informed accordingly, and decisions of public concern will be posted on the municipality’s notice board.
The Municipal Council’s decisions are taken by a majority of fifty percent plus one of the total members of the Municipal Council.

Chapter 4

Executive Body

Article 20: Definition of the Executive Body

It is the body that implements the decisions of the Municipal Council and consists of the co-chairs, deputies, and the spokesperson of the Women’s Council and elected members of the Municipal Council, between 2 to 6 people.

Article 21:

The competent members of the municipality, being the co-chairs of the Technical Department, the Financial Department, the Legal Office sections of the municipality, can attend to inform the Executive Body of matters related to their departments without having the right to vote. They can also join the meetings of the Municipal Council without having the right to vote, and the Presidential Body has the right to invite whomever it deems appropriate to attend its meetings.

Article 22:

Members of the executive body of the Municipal Council, with the exception of deputies, are re-elected once a year by the Municipal Council.

Article 23: Duties of the Executive Body

Submitting its reports to the Municipal Council on the work of all committees.
Following up and supervising the implementation of the decisions of the Municipal Council.
Supervising the work of municipal departments, each committee according to its administrative jurisdiction.
Developing and supervising projects in coordination with the relevant departments with official authorization by the Municipal Council.
Ensuring the distribution of the necessary aid to help victims of disasters and calamities such as fires, floods, earthquakes, and transmittable diseases, in coordination with the competent authorities.
Maintaining public health and safety and paying attention to correcting or preventing what would affect public safety and health, provided that it does not conflict with the powers granted by the laws and regulations of the security departments in the DAANES.
Imposing the necessary hygiene, comfort and health and safety measures on public transportation.
Following up on the implementation of the laws related to the settlement of house building violations.
Approving the appointment or dismissal of new members of the municipality in accordance with the general laws and regulations of the municipality.
Following up on municipal and market security affairs, and requesting the support of the Internal Security Forces when any crime occurs or where there is the possibility of something occurring that may threaten public safety.
Carrying out some urgent work and procedures related to public health, public safety, transportation, and machinery, provided that they are later submitted to the approval of the Municipal Council.

Chapter 5

Co-chairs

Article 26: Co-chairs

The co-chairs of the municipality are elected directly by the people. They are two members of the Municipal Council, and they are counted within the total number of the Municipal Council. They work to manage the affairs of the municipality in accordance with the powers granted to them, and they represent the municipality in the local council. The two co-chairs of the municipality are considered members of the local council.

Article 27: Tasks of the co-chairs

Representing the municipality in front of all parties, and having the right to officially appoint whomever they deem appropriate.
Ordering the payment and determining the expenses.
Managing and taking all necessary measures for the municipality to carry out its duties in accordance with the municipal law and other applicable laws and regulations.
Preparing comprehensive reports on municipal activities and submitting them to the Municipal Council and Federation of Municipalities.
Supervising the departments in the municipality and guaranteeing the proper functioning of the work.
Distributing tasks among members, department heads, and employees.
Implementing the decisions issued by the Women’s Council, in addition to the tasks assigned to them.

Article 28:

Both co-chairs, or their deputies under the names of the co-chairs, must sign all documents, papers, books, and correspondence issued by them.

Article 29:

The co-chairs and members of the Municipal Council are not permitted to serve for more than two consecutive terms. Following a period of at least one electoral term, they are eligible to seek re-election to the position.

Chapter 6

Loss of Membership of the Co-chairs of the Municipality

Article 30:

The co-chairs of the municipality lose their membership in the following cases:

Death.
Resignation.
By decision of the Municipal Council, for one of the following reasons:

In the event of their absence for twenty consecutive days without a legitimate excuse.
In the event of their absence from three consecutive meetings of the Municipal Council within one year without a legitimate excuse.
If they lose one of the membership conditions.
In the event of illness, such that the person becomes medically unqualified to perform their duties, with a report approved from the relevant health departments.
In case they commit a felony or heinous misdemeanor.

Article 31:

If the position of one of the two co-chairs of the municipality becomes permanently vacant for any reason at least one year before the end of the term of the Municipal Council, the High Electoral Commission will be notified by the Municipal Council in order to hold general elections for the vacant position. If the remaining term is less than a year, the Municipal Council shall meet upon the invitation of the co-chairs. Then the Federation of Municipalities is to elect a new co-chair from among the Municipal Council’s members, and this can happen for a maximum period of one month from the beginning of the date of the vacancy, and the local council will be notified of that.

Chapter 7

Resignation

Article 32:

The resignation of the co-chairs of the municipality shall be submitted in writing to the Municipal Council, and it shall be considered final from the date of its acceptance. In the event of no response to the resignation request within fifteen days, the resignation shall be deemed accepted.
The resignation of the Municipal Council member is submitted to the co-chairs of the municipality.

Article 33:

If a member of the Municipal Council fails to attend three consecutive meetings or intermittent sessions without a legitimate excuse, within a year, the matter will be raised at the regular meeting of the Council and the decision to dismiss may be taken.

Article 34:

The resignation of the deputy co-chairs of the Municipality shall be submitted to the co-chairs and submitted to the Municipal Council for approval.
In case the position becomes vacant for any reason, a new deputy is elected from within the Municipal Council.

Chapter 8

Conflict of Interest

Article 35:

It is not permitted to hold the position of co-chair or a position within the executive body in conjunction with any other public function.
If the candidate for Municipal Council membership is a municipal employee, they have to submit their resignation to the municipality immediately after running for the elections. In the event that they do not win the elections, they have the right to return to their previous work within a period of one month from the date of issuance of the election results. In the event that they win the election, they do not have the right to return until after the end of the Council’s term, without having the right to submit their resignation from the work of the Municipal Council.
The co-chairs, deputies, and members of the Municipal Council may not apply to carry out any work within the scope of the municipality by way of pledge until one year has passed from the date of the end of their term.

Chapter 9

Administrative Organization in Municipalities

Article 37:

The municipal administration can organize the municipal departments according to the internal system, distribute its members according to the needs of each department, and determine the amount of staff according to its needs, as well as according to the labor law.

Article 38:

The co-chairs and the executive body may contract people who meet the general conditions for employment in the municipality to carry out some work at specific times and with special conditions mentioned in the contract and in accordance with the employees’ law.

Article 39: Municipality advisors

The co-chairs have the right to appoint advisors, and their number is limited to a maximum of three.
The advisor must be a person who has sufficient experience in the work of the municipality.
The advisor is considered a temporary employee whose work ends with the end of the term of the co-chairs. If the new co-chairs agrees to let them continue working, they can continue work as advisors to the new co-chairs.

Chapter 10

The Municipality’s Relationship with the Commune and the Local Council

Article 40:

The municipal council and the local council work in a balanced and coordinated manner.

Article 41:

The municipality is obligated to implement the decisions issued by the local council related to epidemic situations, security situations, and disasters.

Article 42:

Decisions regarding the general affairs of the city and town are taken in joint meetings between the local and municipal councils, with the exception of matters that are considered within the jurisdiction of the Municipal Council.

Article 43:

Regarding the providing of services, the municipality bases its decisions primarily on the approval of the commune.

Article 44:

The municipality coordinates effectively in the field of hygiene, water, and taxing work with the committees in the commune.

Article 45:

All municipal activities are followed up by the communes, local councils and the Municipal Council.

Chapter 11

Municipal Financial System

Article 46: Municipal revenues

The annual budget submitted by the canton federation.
Amounts allocated to the municipality from the taxes.
All fees collected from services provided by the municipality.
Fees from violations of municipal laws and regulations.
Fines of licenses.
Donations.
Money collected from renting or selling municipal property and machinery.
Surplus when funds from municipal currency are exchanged.
Project supervision revenues.
Public transport revenues.
Other revenues and fees.

Article 47: Municipal expenses

Annual projects approved by the Municipal Council.
Maintenance and repair expenses in relation to all municipal works and mechanisms.
Current expenses of municipal machinery.
Salaries, wages, internal contract payments and assignments.
Projects implemented by the municipality from its budget.
Municipality expenses related to the daily workflow, including stationery and others.
Expenses for following up on municipal lawsuits.
Expenses related to artistic and cultural activities and annual events.
Permits and subsidies (for institutions and individuals). Training and capacity building services.
Purchasing non-financial assets.
Compensation expenses for those affected by the implementation of municipal projects.
Services and other expenses.

Article 48:

The Financial Authority may request clarification of some financial matters officially, and it may follow up and audit the accounts and financial matters directly.

Third Section – Municipal Federation

Article 49:

In order to enhance cooperation and joint coordination, municipalities organize themselves at the canton and region [NES] levels in the form of federations, which organize their work on the basis of councils, and each federation establishes its own academies.

Article 50: Canton Federation of Municipalities

The Canton Federation of Municipalities represents all municipalities within the canton. It is comprised of all the co-chairs of the municipalities in the canton, the spokeswoman for the Women’s Council, the advisors, the municipal academy, and a diplomatic representative of the municipality, in addition to the spokespersons for the councils of health, environment, economy, youth, and women’s organizations at the canton level. The spokespeople of the Federation Council are elected annually from among the co-chairs of the municipalities. Co-chairs are elected from among the members to conduct the work and coordinate between the municipalities. The spokespeople of the Federation of Municipalities of the canton are considered members of the Executive Council in the canton and members of the People’s Assembly in the canton.

Article 51: Decisions subject to being issued by the Canton Federation Council

Decisions related to regulations and controls at the canton level.
Establishing unions that include several municipal councils to carry out joint work of public benefit.
Amending, expanding, or developing new organizational plans by the concerned municipality for villages, canton centers, or cities.
Municipality boundaries based on the municipality’s proposal.
Approving the municipal budget in accordance with the law.

Article 52:

The Federation Council does not have the authority to make decisions regarding the internal affairs of each municipality.

Article 53:

All municipalities must abide by the decisions issued regarding public concerns by the Federation Council to which they belong.

Article 54: Mechanism for distributing the budget to municipalities

The Federation Council discusses with the concerned authorities to secure the necessary budget on the basis of municipal projects, and after determining the budget, the Federation Council distributes the budget to the municipalities of the canton based on the geography of the municipality and the number of residents, taking into account the necessary needs of some municipalities.

Article 55: Council of the Federation of Municipalities of the [NES] Region

It consists of the co-chairs of the canton municipalities, a sufficient number of members of the municipal councils, the spokeswoman for the Women’s Council, the canton advisors, and the spokespersons for the Academy of Municipalities and Municipal Diplomacy, in addition to representatives of the Council of Health, Environment, Economy, Youth, and Women’s Organization in the North and East Syria Region. The Federation Council elects co-chairs from among its members, with the exception of representatives of the Federations and municipalities in the cantons, in order to conduct their work and coordinate between the unions.

Article 56:

The co-chairs of the Federation of Municipalities of the North and East Syria Region are members of the Executive Council of the North and East Syria Region and members of the Democratic Peoples’ Council.

Article 57:

Powers of the Federation of Municipalities of the [NES] Region:

Making decisions related to systems and controls at the regional level.
Establishing federations that include several canton federation councils to carry out joint work of public benefit.
Approving the canton budget in accordance with the provisions of the law.
Determining the staff structure.

Article 58:

The Council of the Regional Federation does not have the authority to make decisions related to the internal affairs of each municipality and cantons federation, with the exception of decisions related to central roads and associated facilities, strategic water projects, public transportation, and catering.

Article 59:

All canton federations must abide by the decisions issued regarding public concerns by the Council of the Regional Federation.

Article 60: Mechanism for distributing the budget to the cantons

The Federation Council distributes the budget on the basis of the projects of the regional federation councils in discussion with the concerned authorities to secure the necessary budget. After determining the budget, the Federal Council distributes it to the canton federation councils on the basis of the canton’s geography and population, taking into account the necessary needs of some cantons.

Fourth Section – General Laws

Article 61:

A sum equal to 1% of the annual budget and revenues of each municipality, canton federation, and region is allocated to the women’s councils belonging to them. These councils are then entitled to invest and spend these funds at their own discretion.

Article 62:

In the event of any inconsistency between the articles of this law and those of municipal legislation, the latter shall be amended.

Article 63:

This law is effective from the date of its issuance by the DAANES Democratic Peoples’ Council.

04/07/2024.

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