OF EXC RY
11
19
11
LENCE EL
A CENTU
Cover:Layout 1 21/12/2010 17:00 Page 1
~ C PA ~ 2
0
TheParliamentarian Journal of the Parliaments of the Commonwealth
2010 | Issue Four XCI | Price £12
56 CPC th
Parliament and Development in the 21st Century: Thus far and beyond
PLUS Commonwealth Matters PAGE 302
Opening Ceremony PAGES 344
Commonwealth Women Parliamentarians’ Conference PAGES 356
30th Small Branches Conference PAGES 372
Inside front cover1:Layout 1 22/12/2010 12:35 Page 37
Calendar of Events 2011
January 26-27: Parliamentary Seminar for the Parliament of Trinidad and Tobago, Trinidad & Tobago
February 10-16: 3rd CPA Asia Regional Conference, Colombo, Sri Lanka
6-12: Summer School for Public Accounts Committee, Sydney, Australia
14-18: CDI Committees Enquiries Course, Sydney, Australia
21-23 (TBC): West Africa Association of PACS Meeting, Togo
23-28 : Mid Year Executive Committee Meeting, Whitehorse, Yukon, Canada
March 14: Commonwealth Day 27-31 (TBC): CPA/WBI Asia/India/SE Asia Financial Scrutiny Workshop, Bangladesh
The publication of a Calendar of CPA events is a service intended to foster the exchange of views between Branches and the encouragement of new ideas. Further information may be obtained from the Branches concerned or the Secretariat. Branch Secretaries are requested to send updates of this material to the Information Officer (pirc@cpahq.org) to ensure the Calendar is full and accurate.
Page one ad:Layout 1 21/12/2010 17:42 Page 305
56th Commonwealth Parliamentary Conference 10 - 19 September 2010 Nairobi, Kenya
“Parliament and Development in the 21st Century: Thus far and beyond” The 56th annual Conference of the Commonwealth Parliamentary Association (CPA), hosted by the Parliament of Kenya, put forward policy alternatives to resolve global problems as over 800 Members and officials considered solutions to issues affecting the approximately 175 Parliaments and Legislatures of Commonwealth nations, states, provinces and territories. The conference also included: the two-day Small Branches Conference, a one-day Conference of Commonwealth Women Parliamentarians, as well as meetings of the CPA Executive Committee and the General Assembly. This issue includes summaries of the main points of agreement and disagreement during the plenary conference and Small Branches discussions, as well as the opening ceremony speeches and the addresses to delegates by the CPA and Commonwealth Secretaries-General.
contents:Layout 1 22/12/2010 12:40 Page 290
CONTENTS
2010: ISSUE 4
302
Journal of the Parliaments of the Commonwealth Vol. XCI 2010: Issue Four ISSN 0031-2282 Issued by the Secretariat of the Commonwealth Parliamentary Association, Suite 700, Westminster House, 7 Millbank, London SWIP 3JA, United Kingdom Tel: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 Email: hq.sec@cpahq.org www.cpahq.org Publisher: Dr William F. Shija Secretary-General Editor: Andrew Imlach Director of Communications and Research
368
COMMENT
MAIN ARTICLES
Inside Issues
Commonwealth Matters
Workshop E
A Commonwealth of values
Workshop F
A complete parliamentary recovery. Page 292
View from the Chair Building a strong Commonwealth future. Page 294
View from the CWP Coming soon to a neighbourhood near you.... Page 296
View from the Secretary-General
Freedom of speech and the press. Page 298
Assistant Editor: Lisa Leaño Front cover Selected photographs taken at the 56th CPC in Kenya. Printed in England by Warners Midlands, PLC, The Maltings, Manor Lane, Bourne, Lincs PE10 9PH
290 | The Parliamentarian | 2010: Issue Four
Page 302
Page 307
Workshop A
The role of Parliament in peace building: the case of Kenya in addressing post-election violence in 2008. Page 314
Workshop B
The role of Parliamentarians in natural disaster management. Page 318
Workshop C
The role of Parliamentarians in facilitating grassroots projects. Page 326
The role of Parliamentarians in the protection of migrant workers. Page 330
Workshop G
The global water and food crisis Page 334
Workshop H
How prepared is the Commonwealth for the Emerging New World Economic Order? Page 336
Energy and environment: Achieving sustainable development. Page 320
Plenary
Workshop D
Opening Ceremony
Parliament, Accountability and the Role of internet governance in strengthening oversight Page 322
Commonwealth initiatives in handling migration issues. Page 340 Page 344
contents:Layout 1 21/12/2010 17:11 Page 291
376
344
NEWS COMMONWEALTH WOMEN PARLIAMENTARIANS
30th SMALL BRANCHES CONFERENCE
Session One
Session One
Strategies to increase women’s representation in Parliament. Page 356
Session Two
Energy and environment: Achieving sustainable development. Page 372
Enhancing participation of women in decision-making processes. Page 360
Session Two
Session Three
Session Three
Women as migrant workers. Page 364
Session Four Reform of political parties – Working towards democracy. Page 368
The effect of “political” corruption in small states. Page 376
Parliamentary news: New Zealand, Sri Lanka, Canada, Australia, United Kingdom, India and New South Wales. Page 389
Annual subscription (four issues) UK: £34 post free. Worldwide: £36 surface post £42 airmail Price per issue UK: £11 Worldwide: £12 surface post £13 airmail Opinions and comments expressed in articles and reviews published in The Parliamentarian are those of the individual contributors and should not be attributed to the Secretariat of the Association.
The challenges of sovereignty in small states. Page 380
Session Four
Parliament and accountability: strengthening oversight in small Parliaments. Page 384
Promoting sustainable forest management
The Parliamentarian | 2010: Issue Four | 291
Inside Issues:Layout 1 21/12/2010 17:12 Page 292
INSIDE ISSUES
A COMPLETE PARLIAMENTARY RECOVERY The Editor’s note
Countries wracked by the violence that shocked Kenya in January 2008 do not usually recover fast enough to host hundreds of senior foreign Parliamentarians and officials less than three years later. The 56th Commonwealth Parliamentary Conference in Nairobi in September, however, was a tribute to the commitment of all Kenyans to government by parliamentary democracy rather than government by force. Kenya’s recovery from the unrest that followed the contested result of its 27 December 2007 parliamentary and presidential elections proves the Churchillian phrase that it is better to “jaw-jaw than to war-war”. Kenyan Parliamentarians of all parliamentary parties welcomed Members of close to 175 Commonwealth Parliaments and Legislatures to Nairobi for a conference whose discussions are summarized in this issue. There were no visible scars in Nairobi or elsewhere of the unrest said to have claimed up to 1,500 lives and forced as many as 600,000 people to flee from their homes.
You wouldn’t have known there had been any trouble except that Kenyan Parliamentarians talked openly about it. The post-election violence of early 2008 was in stark contrast to the post-referendum excitement which greeted approximately 1,000 Parliamentarians, officials and accompanying people who came to Nairobi from up to 175 Commonwealth Parliaments and Legislatures. They saw the determination of Kenyan Parliamentarians to end the unrest permanently by working together in a coalition government, drafting a new constitution and convincing the nation to accept it in a referendum. They heard Kenyan Parliamentarians and senior academics talking frankly about the political violence and the new constitution which they saw as the rebirth of the whole nation. The discussion in Workshop A, summarized here, is a lesson in conflict resolution and a guide to escaping from the conflict spiral. The unrest, so uncharacteristic of independent Kenya, united the political leadership in a concerted
292 | The Parliamentarian | 2010: Issue Four
effort to work through Parliament to prevent any recurrence, and to show the Commonwealth parliamentary community and the world that Kenya has recovered. In addition to the summary of Workshop A, this issue presents to all Commonwealth Parliamentarians an insight into the diverse views of Members from the nations, states, provinces and territories of the Commonwealth as expressed in the 56th Commonwealth Parliamentary Conference, the 30th Small Branches Conference and the 2nd Commonwealth Women Parliamentarians Conference. We also publish here the Opening Ceremony speeches, including the address by the President of Kenya and 2010 Commonwealth Parliamentary Association (CPA) Vice-Patron, H.E. Hon. Mwai Kibaki, CGH, MP, and the Closing Ceremony speeches, including the address by the Prime Minister of Kenya, Rt Hon. Raila Odinga, MP. Mr Kibaki and Mr Odinga, rivals in the presidential election, are now partners in coalition government, constitution-
making and national reconciliation, and in telling Commonwealth political leaders that Kenya is firmly back on the democratic path. Parliament played an important part in the recovery and the Speaker of the Kenyan National Assembly, Hon. Kenneth Marende, MP, is widely credited for ensuring that Members in the Chamber helped to solve rather than perpetuate the dispute. As President of the CPA, he very ably chaired the plenary conference. It was a major challenge for Kenyan Parliamentarians to organize the conference at the same time as they were working through the intricacies of a coalition government and Parliament, rewriting the constitution and campaigning in the referendum which was held only a month before the conference. Mr Speaker Marende, Hon. David Musila, MP, the Assistant Minister of State for Defence who chaired the organizing committee, and CWP President Hon. Amina Abdullah, MP, led a team which demonstrated that Kenya’s
Inside Issues:Layout 1 21/12/2010 17:13 Page 293
INSIDE ISSUES
The Prime Minister of Kenya, Rt Hon. Raila Odinga, MP, (left) and the Speaker of the House of Assembly of Kenya, Hon. Kenneth Marende, MP, (right).
commitment to the Commonwealth is as strong as its commitment to democratic governance. Mr Patrick Gichohi, Clerk of the National Assembly and Secretary of the Kenyan CPA Branch, Conference Co-ordinator Mr Michael Sialai and their team from the Parliament of Kenya provided the same sterling service to the conference as they have to Parliament and its Members. The discussions in the Kenyatta International Conference Centre, also the venue when the Parliament of Kenya hosted the 29th Commonwealth Parliamentary Conference in 1983, were augmented by CPA governance meetings and by the continuation of the “Little Acorns Project” to provided computers and internet access to schools in countries hosting CPA plenary conferences and Executive Committee meetings. This initiative
by the Chairperson of the CPA Executive Committee, Hon. Dato’ Seri Mohd Shafie Apdal, MP, Malaysia’s Minister of Rural and Regional Development, is sponsored by Malaysian oil company Petronas and its African affiliate Engen, and by Malaysia’s Science, Technology and Innovation Ministry. The discussions included addresses by the SecretaryGeneral of the CPA, Dr William F. Shija, and the Secretary-General of the Commonwealth, H.E. Mr Kamalesh Sharma. Their addresses are reproduced here along with a summary of the questions from Members that followed. The summaries of the plenary conference workshops and the sessions of the Small Branches and Commonwealth Women Parliamentarians Conferences were again this year written by
senior parliamentary officials from around the Commonwealth. This year, however, they were joined by officers of the Kenyan National Assembly to ensure that the main points of agreement and disagreement and the principal ideas expressed could be circulated beyond the walls of the Kenyatta International Conference Centre. We are therefore very grateful to the following Kenyans for undertaking this demanding task: Mr Bonnie Mathooko, Ms Veronica Kibati, Ms Diana Kimeto, Mr Daniel Mutunga, Mr Peter Adika, Mr Julius Ariwomoi, Mr Samuel Njoroge and Mr Peter Chemweno. They joined the following visiting Clerks: Mr Charles MacKay of Prince Edward Island, Mrs Anne Harris of Jersey, Mr Max Kiermaier of the Australian Capital Territory, Mr Clark Somner of Bermuda, Shri
S.B. Patel of Karnataka, Mr Attaullah Khan of Khyber Pakhtunkhwa, Ms Phyllis Evans of the British Virgin Islands and Shri Jadab Lal Chakraborty of West Bengal. Kenyan Members were able in a forthright manner to discuss their post-election crisis of 2008 with visiting Parliamentarians in formal sessions and informal conversations. They conveyed to all the very strong view that Kenya has learned from the unrest and moved into a new era. The task now facing all Kenyans is to make the new dispensation work for the benefit not just of all Kenyans but also of conference participants and all Commonwealth Parliamentarians who will be watching the East African country as a model of how to escape from the conflict spiral that has plagued so many other states.
The Parliamentarian | 2010: Issue Four | 293
View from the Chair:Layout 1 21/12/2010 17:13 Page 294
VIEW FROM THE CHAIR
BUILDING A STRONG COMMONWEALTH PARLIAMENTARY FUTURE
Westminster reverberated throughout the world for better or worse – only At the time of writing this “View from the Chair” thousands of Muslim much more slowly than today. citizens of our Commonwealth member states will be heading for Mecca The years that followed were marked by horrendous warfare, as pilgrims to the holy places. I wish them a spiritually fulfilling pilgrimage unimaginable loss of life, the rise and fall of totalitarianism, interracial strife and a safe journey. For many, including my own countrymen and women, it and the creation of weapons of mass destruction. Yet parliamentary is a dream come true and a momentous occasion in their religious lives. democracy has survived due in no small part to the work Likewise I want to use this occasion to send greetings of our CPA predecessors. The ending of the colonial era for the up-coming festive season to everyone and add after the Second World War saw the emergence of new the hope that 2011 will bring greater prosperity and states and the creation of new Parliaments and happiness to all. Assemblies. The CPA played a key role in supporting the For the CPA 2010 has been an interesting and at development of parliamentary infrastructure and the times worrying year set against the backdrop of capacity and capability of its management. continued financial concerns. But the year was made Westminster may still be the “mother of Parliaments” memorable by our annual Commonwealth but there are now other mature member Parliaments with Parliamentary Conference in Nairobi and I must take traditions and processes of their own. It is my contention this opportunity to thank the Kenyan Branch for the that throughout the momentous changes of the previous excellence of the organization and for being such decades, the roles and functions of CPA have continued, excellent hosts. The trip to the safari park will remain largely unaltered, to this day. I believe that, with the long in the memory of my wife and me. Most dawning of our second century, now is the time to ask memorable too was the visit by the Executive Hon. Dato’ Seri Mohd. Shafie ourselves to what extent this model will remain relevant Committee to His Excellency the President of Kenya. Apdal, MP to Members in the coming decades of the new globalized However, the conference was much more than Chairperson of the CPA and electronic-communications-driven millennium? just good hospitality and fascinating visits to the Executive Committee and wildlife parks for much important business was Minister of Rural and Regional Perhaps we should ask to what extent the aims and objectives of CPA should remain the same or should we conducted and several critically important decisions Development, Malaysia be more innovative in respect of promoting greater made. As I write this we are just a few weeks away inclusiveness, people empowerment and use our from 2011 when we celebrate our centennial, so I strength and influence for the eradication of poverty want to use this space to focus on one of the through, for example, promoting fairer world trade? Should we open our conference’s activities, the first meeting of the Working Party to consider membership doors to non-Commonwealth nations? Should we adopt a the future of our association. Let me begin by saying that I have no more commercial stance and develop an income stream from an updated intention of pre-empting the deliberations of the Working Party and, like range of services. Should we take greater advantage of information and many other Members, I shall await the report before commenting on any communications technology, especially to encourage improved education specific detail or proposals. However, I want to use this article to propose of democratic principles and practices and greater participation amongst that the future of the CPA depends on the perceived and continued young people? I suggest that now more than ever we should create relevance of its role and function. stronger linkages between the work of the CPA and the people we The CPA is nearly one hundred years old and although many of the represent. We must become more able progressively to demonstrate a verities that underpinned its foundation remain true to this day we have to range of practical impacts that bring positive benefits. recognise that the world is now a very different place. In 1911 there was no In short I am suggesting that we should not allow ourselves to become concept of equality of nations. Great Britain was at the height of its powers trapped in redundant rhetoric or outdated processes but reach out and as a colonial ruler, an economic giant, and what was decided at 294 | The Parliamentarian | 2010: Issue Four
View from the Chair:Layout 1 21/12/2010 17:14 Page 295
VIEW FROM THE CHAIR
encourage everyone to think the unthinkable and adopt a more innovative and creative approach to the future of the CPA. I have to say that one can hardly blame any constituent from anywhere questioning the value and costs of membership of the Commonwealth Parliamentary Association, especially those struggling to survive. Such questions may be uncomfortable; but they have to be faced and we have to be able to respond, not just on the basis that an association such as ours is a good thing, but that it brings – and is seen to bring – value-added benefits to our peoples. Our roles, functions and outputs must represent ever improving value for money especially during times of economic stringency. Furthermore, we must identify and make better use of the knowledge and experience of our own membership. It should matter not whether a member country is large and developed, a small Pacific or Caribbean island or a developing nation; each has a contribution to make and every Member should know that their contribution will be listened to, is valuable and valued and needed by us all. Like any global organization, be it an international public entity or a
multinational corporation, we embrace change or we disappear into the vaults of history. This stark truth is an inescapable reality but at the same time a welcomed challenge. We have a choice: we either rise to the challenge of the future or stick our heads in the proverbial sand and take the inevitable consequences. The creation of the Working Party is, in my opinion, a good first step; but we will make a serious mistake if we allow our focus to be exclusively on form, status, structure and anodyne legalities for that would be the equivalent of rearranging the deck chairs on the Titanic. Therefore, I want to emphasize that much will depend on the creative inputs from all member Parliaments and Assemblies. At the same time, I wish to promote the importance of developing an ever greater sense of unity and cohesiveness for everyone knows the ending of the line that begins, “a house divided unto itself....” Thus, as we look forward to our centennial, let us do so with a spirit of endeavour, innovation and realism so that a hundred years from now our successors will use the foundations we set in 2011 to go on developing a vibrant and internationally esteemed Commonwealth Parliamentary Association.
The Chairperson of the CPA accepting a gift from the President of Kenya, H.E. Mwai Kibaki, CGH, MP, (far right). Hon. Kenneth Marende, MP, Speaker of the National Assembly of Kenya (far left) and the Secretary-General of the CPA, Dr William F. Shija (second right) look on.
The Parliamentarian | 2010: Issue Four | 295
View from the CWP:Layout 1 21/12/2010 17:15 Page 296
VIEW FROM THE CWP
COMING SOON TO A NEIGHBOURHOOD NEAR YOU...
Offences Act will only come when her “I do” is not held against her in the manner that the current provisions of that Act treat her. So there! I am firmly putting the blame on the state for the continuation of this state of affairs. On 24 March 1998, a Bill to reform the law related to sexual offences was passed by the Parliament of Dominica. That Bill became the Sexual Offences Act. Before it went to Parliament, the Bill had been circulated in order that the public would make recommendations. The Dominica Planned Parenthood Association hosted a panel discussion on the proposed provisions and they sent by way of recommendation to the then Attorney 1. They deal with crimes perpetrated by person(s) on General 10 major areas which they thought needed other person(s); consideration for amendments. It was felt very strongly 2. They represent a high percentage of cases that that besides needing strong enforcement provisions that come to the High Courts, and would ensure that the Act works, these recommended 3. The serious flaws in these pieces of legislation Hon. Alix Boyd Knights, MHA, amendments deserved consideration. detract from their effectiveness. Chairperson of the This idea of enforcement is what I am really leading Commonwealth Women to. Practitioners, of whom I am one, are aware that we Intellectuals over the ages have debated the Parliamentarians pass legislation all the time and when we pass question as to whether laws are made to shape legislation we never think about the enforcement societal behaviour or whether laws are enacted based aspect of it. In the Sexual Offences Act, it is an on prevailing societal attitudes – a sort of legal version offence to have sex with a minor and minor is defined of which came first, the chicken or the egg as someone 16 and under. conundrum. But when a young girl presents herself to the hospital at the age 15 – Attitudes towards sex and sexuality have changed over the world in the even 15 and a half – and she is pregnant, is that not evidence that a crime last 50 years. Fifty years ago, in most if not all countries in the world, a man has been committed? Who is then obliged to report the state of affairs to could not be convicted for raping his wife. Today, Dominica is one of the the police? Is it the mother? Is it the doctor? The nurse? That is what I am very few countries in the world where once a woman says “I do’’, unless she talking about: enforcement mechanism. We have more laws than we care divorces or separates from her husband legally or by virtue of an to have. But are there built into these laws the mechanisms of enforcement agreement or through a protection order, her husband cannot be found that will make these laws workable? guilty of raping her. Fifty years ago, buggery was a crime the world over. We have other pieces of legislation that enable the curbing of certain Today, there a many countries where men are even permitted to marry criminal activities. For example, we now have laws which empower our each other; and women too, of course. Financial Intelligence Unit that are finally beginning to kick in. We recently Even though the incident of domestic violence continues unabated, I passed proceeds of crime legislation and, under it, we saw where alleged truly believe that society is taking a different view of it: It is no longer even drug persons were brought before the courts for having more wealth than remotely acceptable. But again, the question arises: Are those who are they could account for. given the power to persecute the perpetrators under this very important This, as we know, is where the major portion of criminal activity comes law aware of their obligations? The true emancipation of the Dominican up: dealing with drugs. There may be countries, or certain districts within a married woman who is now being viewed as a chattel in the Sexual There may be those who feel that there is no role for Parliament in the matter of solving the problems of crime and youth violence, and others still who may feel that, if there is a role at all, it is minimal. I certainly believe there is a role for Parliament. I want to look at my jurisdiction and to zero in on two specific pieces of legislation, while making reference to others. The two pieces of legislation are Sexual Offences Act and the Domestic Violence Act. I have selected these two particular pieces of legislation for three reasons:
296 | The Parliamentarian | 2010: Issue Four
View from the CWP:Layout 1 21/12/2010 17:16 Page 297
VIEW FROM THE CWP
country, that may not have seen such type of criminal activity as yet; but be warned: It is coming soon to a neighbourhood near you! It is crucial that when you have these types of legislation, such as the Proceeds of Crime Act and legislation dealing with internet crimes, you also have the mechanism of enforcement built in to ensure that these criminal activities can be dealt with expeditiously and it is clearly spelt out who has to take what steps so that these matters can be brought to the courts and prosecuted successfully. What we need may not be more legislation but, rather, to amend existing pieces of legislation to include built-in mechanisms for their enforcement. And when enacting new laws, we need to ensure that they include clear and unambiguous provisions for enforcement. How can Parliament intervene legislatively to curb youth violence? Youth violence is generally viewed as a social problem requiring mainly social intervention. But I beg to differ. I have asked myself over and over again: How can we successfully legislate parental responsibility? Can we? Ought we to legislate to make parents, especially fathers, more responsible? Is it sufficient to haul fathers into court to maintain their children? I am asking this because, while we say youth violence, I will hazard a guess that 95 per cent of the perpetrators of this youth violence
are male. I know what we can legislate. We can legislate curfews. Convicted young offenders should be placed on curfew, and that surely can be legislated. Also, the parents or guardians ought to be made legislatively responsible for ensuring that their youngsters under 18 years keep up with their curfew under pain of the parents themselves being held liable. We need to remind ourselves frequently that today’s young offender is tomorrow’s hardened criminal. My colleague, the Leader of the Opposition of Dominica, just reminded me a while ago that we have very effective community policing going on in several communities in Dominica. I am not sure whether legislating community policing would give it any more efficacy, but it is worth a try. Everything that we can think of needs to be tried, because this scourge of youth violence in our midst has to be removed, eradicated once and for all. My final word on this burning issue of Parliament’s role in solving the rise of crime is that this is one area in which both government and opposition can and should work together. We all – opposition, government and Speaker – need to put our heads and hearts together to eradicate this scourge from our midst. Any takers? I hope so.
Hon. Alix Boyd Knights shaking hands with Mde Charlotte L'Écuyer, MNA, of Quebec.
The Parliamentarian | 2010: Issue Four | 297
SG View:Layout 1 21/12/2010 17:17 Page 298
VIEW FROM THE SECRETARY-GENERAL
FREEDOM OF SPEECH AND THE PRESS Freedom of speech has helped individuals and One of the pillars of democracy in Commonwealth and groups to contribute ideas for the benefit of students, other structures is freedom of speech and freedom of religious followers, campaigners, promoters, et cetera in the press. Freedom of speech permits an individual a free flow of information. This freedom has enabled the and groups to express opinions publicly and to dissemination of knowledge across boundaries, the associate with others for a purpose. Political parties exchange of experiences between cultures and the are created to participate in the governance process promotion of global initiatives for the development of of a state. Political parties embody individuals with communities. Individual human rights would not be similar thinking or ideas to work on issues. Political debated if persons were not free to express themselves parties that are able to attract a large following in favour or against policies and laws. Political parties through their policies eventually win support to form usually galvanize support through policies that the government. majority support. Freedom of speech in the Commonwealth, like In a number of developing nations, freedom of other parts of the world, will continue to be important Dr William F. Shija speech is still growing. Because of repressive laws because the 2 billion-plus community consists of: Secretary-General of the developed and developing countries; large and small Commonwealth Parliamentary and a post-colonial mentality, individuals are yet to be free to demonstrate against certain policies. In some states; varied geographical locations cultures; Association countries, women, children and minorities still lack populations and leaders of divergent political sufficient opportunity to speak out against illpersuasions; groups with competing interests, views treatment and under-representation. and priorities; a young generation seeking to redefine issues; a world Because of lack of basic and civic education, individuals and groups are community challenged by globalization, migration, and terrorism; et cetera.
The Secretary-General’s
Dr William F. Shija (right) speaking with the Deputy Chairman of the Rajya Sabha, Hon. K Rahman Khan, MP, (left) at the 4th CPA India and Asia Conference in Raipur, India.
298 | The Parliamentarian | 2010: Issue Four
The Secretary-General (right) with the Speaker of the Lok Sabha, Hon. Meira Kumar, MP, (left) at the 4th CPA India and Asia Conference in Raipur, India.
SG View:Layout 1 21/12/2010 17:18 Page 299
VIEW FROM THE SECRETARY-GENERAL
oppressed by unethical politicians through lies and ambitious but empty promises. It is important, in my view, for countries to vigorously promote civic education in order to strengthen democratic values and practices. This could be done through the established educational system, whereby the curriculum includes teaching the basic principles of democracy, constitutional practice and the virtues of freedom of speech. Young persons who grow up knowing their rights and freedoms are likely to live as responsible citizens. In fact, many countries in the contemporary world find themselves challenged to evolve curricula that prepare citizens both with life-serving skills and with the ethics of good citizenship. It appears to me that universal human rights should be promoted with full strength for a better world. The existence of freedom of speech is usually closely supported by freedom of the press. It is quite true that since the Gutenberg revolution in the 14th century, printed and mass circulated reports have promoted equality, accountability and general public education. For centuries now the press has been a source of public inspiration and a channel for individual and group expression. Over the years, the press has played a major role in the development of public policy and in exposing all sorts of human rights violations. In many democratic countries, the press is regarded as the fourth arm of government, besides the executive, Legislature and judiciary. The press has generally been taken to include all media of mass or public communications: radio, television, newspapers, magazines, audio/visual materials and, now, the internet. The media has historically been used to voice the wishes of citizens. It has been used for liberation, development, general criticism, exposure of wrong-doing by public officials, illicit human activities, racism, corruption and incompetence. The media has further been used to promote economic and business industries for the goods and services produced, for persuasion and as teaching aids. In the era of the internet, the media has proved to be more complex, crossing the traditionally known boundaries of privacy and confidentiality. In efforts to crack down terrorist and other
criminal activities, for example, states have established laws to monitor communications between individuals and groups for security purposes. Nevertheless, in the name of press freedom, the world was recently caught up in a media frenzy over “Wikileaks”, whereby a web organization released secret diplomatic information that left the public wondering what was left with private communication. The “leaks” have added to the existing public worry that information and data on individuals or organizations can be easily collected and used for any purpose. Information has, however, always been regarded even by the “press corps” as useful for public good. John Kampfner, writing for The Independent (29 November 2010), comments: “You should never shout ‘fire’ in a crowded theatre....A crowded theatre would lead to a stampede.” This statement reminds me of some of the memorable journalism lessons I had several years ago. I still remember a question posed by my lecturer: “Would you publish or broadcast an article which would potentially damage the security or reputation of your country?” It appears to me that the question is still relevant today. It is my view, therefore, that the press corps should continue to uphold press freedom as a practice, but with limits and bounds. Journalists are human beings operating in a human environment. Therefore, care should always be taken by all, including the press corps, to recognize human fallibility. It is under such circumstances that press freedom, like freedom of speech, must always seek to account for the level of the society involved and the impact of the consequences. Freedom of speech does not distinguish between city dwellers and villagers or between races or genders. It is on this basis that the United Nations enshrined in its 1948 Universal Declaration of Human Rights the right of individuals or groups to be free to express their opinions publicly. Citizens exercising free speech would often gather to formulate their ideas in order to send their representatives deliver their wishes to an organ, the government or any other leader. The civic gathering may be a meeting, demonstration, sit-in, or any other form of group organization. In many countries, the method of speaking out against authority has advanced so much that we see almost daily groups of demonstrators in many parts of the world for different causes.
Commonwealth gallery
) P, d
Dr Shija and two of the Directors from CPA HQ, Mr David Broom and Mr Andrew Imlach (far right, standing) with delegates and officials from the Parliament of South Africa.
The Parliamentarian | 2010: Issue Four | 299
SG View:Layout 1 21/12/2010 17:19 Page 300
VIEW FROM THE SECRETARY-GENERAL
The Secretary-General’s
Dr William F. Shija with the leader of the Democratic National Alliance Party in Sri Lanka, Mr Tiran P.C. Alles, MP (right).
Dr William F. Shija, seated next to Royal Institute of Public Administration (RIPA) course leader, Mr Ian Church, speaks to delegates during their course on parliamentary administration at CPA HQ.
The Leader of the Opposition in Bermuda, Hon. Kim Swan, JP, MP, (left) and Senator Charles Swan, JP, (right) during a visit to CPA Headquarters in London.
The High Commissioner of Fiji, H.E. Mr Tikoisuva (left) speaking with the Secretary-General.
300 | The Parliamentarian | 2010: Issue Four
SG View:Layout 1 21/12/2010 17:20 Page 301
VIEW FROM THE SECRETARY-GENERAL
Commonwealth gallery
The Presiding Officer of the Scottish Parliament, Hon. Alex Ferguson, MSP, (right) receiving a gift from the Secretary-General.
Dr William F. Shija speaking with Ms Margaret Neal and Mr Billy McLaren, Senior Parliamentary Relations Officers from the Scottish Parliament.
The Parliamentarian | 2010: Issue Four | 301
Commonwealth Matters:Layout 1 22/12/2010 08:55 Page 302
COMMONWEALTH MATTERS
56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Plenary Session - 14 September 2010
COMMONWEALTH MATTERS Speech by the CPA Secretary-General, Dr William F. Shija
I am happy join you Mr President in your welcome to all the delegates to this other part of the wonderful East Africa, this year the city of Nairobi in Kenya for the 56th Commonwealth Parliamentary Conference after being in Tanzania last year. I am delighted to join you all in thanking our host, the CPA Kenya Branch, the government and people of Kenya, for the warm reception and wonderful hospitality extended to us since we first arrived in Nairobi. I join you in expressing our gratitude to His Excellency, Mwai Kibaki, President of the Republic of Kenya and Commander-in-Chief of the Kenya Defence Forces for his words of wisdom, advice and encouragement when he officially opened the conference this morning. We congratulate him and the people of Kenya for conducting a referendum and launching a new constitution to guide the future political, economic and social activities of this beautiful country, which is full of hardworking and exuberant people. It was also an act of extreme hospitality and leadership for the President of the Republic of Kenya 302 | The Parliamentarian | 2010: Issue Four
accepting to meet and greet all the Members of the CPA Executive Committee at his office in Nairobi yesterday. I believe Mr President of the CPA you will continue to convey our words of gratitude to him way after we have left this country. I am also delighted that once again the Commonwealth Secretary-General, His Excellency, Kamalesh Sharma, other dignitaries and partner organizations have accepted to join us at this conference. Mr Sharma and your delegation, you are most welcome. Let me also join you all in expressing our most heartfelt condolences and sympathy for the people of Pakistan, for the loss of lives and property due to the floods that hit that country recently, affecting millions of people to this day. The Chairperson of the Executive Committee and I have since sent messages to all CPA Branch Presidents, urging them to prevail on their governments to assist the people of Pakistan in every way possible to rebuild their country. Indeed, I wish all the people of Pakistan all the best in their struggle to recover from the
disaster and to rebuild their country and lives. This year’s conference theme, “Parliament and Development in the 21st Century: thus Far and Beyond”, is timely, particularly as we approach the 100th anniversary of the Association. This theme and workshop topics reflect the core of work of the Association for the last several years. When I am asked what the Commonwealth Parliamentary Association does, I usually reply in brief that: It is a School for Parliamentarians and Parliamentary Staff. Indeed it is because over the years, the CPA has contributed to the capacity building, parliamentary reform, parliamentary administration and parliamentary practice through thousands of workshops, seminars and conference sessions in various parts of our regions and in the world in general. In fact, newly independent African and Asian countries utilized the CPA network to consolidate their parliamentary activities. The Association originally assisted in the political struggles for independence and the removal of discriminatory systems. In recent
years, it has also assisted thousands of Parliamentarians, staff and individual Parliaments to standardise parliamentary practice and improve skills. These activities have largely been facilitated through numerous discussions, exchange of professional information and actual in-house training. The CPA conferences therefore, contrary to critics, are not ‘talking shops’. They are serious parliamentary training sessions. These training sessions increase the capacity of individual parliamentarians to effectively practice in their national legislatures and also to play a meaningful role in the arena of international politics and economics. This year’s topics ranging from Peace Building to Natural Disaster Management, seek to engage Members at this conference on issues that affect the lives of the people you represent. This is in keeping with the pace to find solutions to national, regional and global problems that
Commonwealth Matters:Layout 1 22/12/2010 08:56 Page 303
COMMONWEALTH MATTERS
we face. It is an effort to strengthen democracy and obtain the value for politics as well. Further, in recent years, Commonwealth Parliamentarians have mostly discussed global issues such as climate change, terrorism, financial crises, poverty alleviation with a view to reforming Parliament and strengthening governance for the benefit of the ordinary citizens. Again, these have been training sessions carried out by the Association to strengthen the capacity of Parliamentarians. Among these recent topics climate change continues to dominate due to the catastrophic threats it poses, should it remain unaddressed. Controversial as it may be among contemporary
scientists, the climate change issue has been generally accepted by world leaders as a serious problem. For example, the leaders of the world’s largest economy, the United States, did not initially accept to sign the Kyoto Protocol. However, in recent times, President Obama is known to have said and I quote: “This is the moment when we must come together to save this planet. Let us resolve that we will not leave our children a world where the oceans rise and famine spreads and terrible storms devastate our lands.” These words reflect a significant departure by the United States due to the increased
evidence that the extraordinary accumulation of carbon dioxide in the atmosphere, caused by the huge burning of fossil fuels, has led to the unexplained climate occurrences. We can actually say that the world community suspects that the floods which have, for example, devastated countries like Pakistan, the tsunamis that have caused disasters in the Maldives, Samoa and other parts of Asia and the Pacific; the typhoons and hurricanes that often cause havoc in the Caribbean and the Americas, and again the floods and drought that constantly hit African countries, are as a result of climate change conditions. Climate change was hugely debated at the last UN Climate Change Conference (COP15) in
Above: The SecretaryGeneral of the CPA, Dr William F. Shija, speaking at the conference in Nairobi.
December 2009, in Copenhagen. In December this year, participants will again hold an extensive dialogue at the next UN Climate Change Conference (COP16) to be held in Cancun, Mexico in an effort to find solutions to the ongoing threat to our planet. Over the years, Members of this Association have sought to contribute to world leadership in addressing the problems arising from climate change. Hence, last year in Tanzania, a CPA Task Force on Climate Change was created to focus on this issue.
The Parliamentarian | 2010: Issue Four | 303
Commonwealth Matters:Layout 1 22/12/2010 08:56 Page 304
COMMONWEALTH MATTERS
Flags of the Commonwealth – including the CPA flag – on display in Nairobi.
Some Members of the Task Force represented the Association at the Copenhagen conference, last year. In July this year, the CPA Task Force, comprising Members from Australia, Bangladesh, Botswana, The Gambia, India, The Seychelles, Sri Lanka, Uganda and Zambia, met in London under the sponsorship of the CPA UK Branch’s 3rd International Parliamentary Conference on Climate Change (IPCC). Partner organisations, including the World Bank Institute (WBI), the Commonwealth Secretariat and AWEPA were also represented. Among other things, participants observed that while addressing climate change, it is important to include Small Island Developing 304 | The Parliamentarian | 2010: Issue Four
States who are feared to suffer more from the effects of climate change. It is on the basis of these concerns that the CPA plans to be represented in Cancun, Mexico in December this year to stay connected with other organizations on the issue. At the CPA UK Branch’s 3rd International Parliamentary Conference on Climate Change, participants from developing countries in Africa, Asia and the Pacific voiced their concern that the issue of climate change was being thwarted by the lack of political will of industrialized countries to fully fund the process to change to a carbon friendly economic system. This simply means that developing countries are demanding that those who have ruined the atmosphere through excessive carbon emissions should bear the expenses of finding the solutions. Secondly, the other part of this
conference theme involves what we are challenged to do as a parliamentary body of the Commonwealth in the environment of the 21st Century. Although the 21st Century has ushered in the tenets of a global village, with rapid scientific and technological growth, there are still persistent problems of poverty, illiteracy, hunger and disease in many parts of the world. The challenge of meeting the demands of the Millennium Development Goals (MDGs) is still wide open. The challenges are compounded by the existence of terrorism, corruption, drug and human trafficking and other similar ills. These basic problems, spread across the world, form economic disparities that could persistently be the sources of violence, disruption, war, starvation and disease. It appears to me that the 21st Century will depend on how leaders will embrace a
development philosophy to develop, embrace, teach, encourage and legislate humanistic and social economic practices, the ideology of which will be based on stronger partnerships seeking to eradicate poverty and other ills. In fact, I believe that the world today has enough resources and skills to do so. What it lacks is fair trade and partnership. The world needs the entrenchment of democratic values, equality for resources, opportunities for women and the younger generation. The Commonwealth Parliamentary Association and the Commonwealth in general are poised to contribute to the full development of the concept of “value for politics” to mean that every citizen has the right to a fair share of the resources, such as land, housing, water supply, basic education, and basic health. This further means that the benchmarks for our Commonwealth Legislatures should in future be measured against these rights and services, over and above the established parliamentary practices required for legislation and oversight functions. The CPA, as mentioned before, is now nearly a century old. We plan to celebrate its centenary in July next year. Since its establishment in 1911, the CPA membership, as is the case for the entire Commonwealth, has increased, with a corresponding change in character and the manner in which the Association carries its mandate. This means that the character of the Association has been determined by the winds of change. This factor has led the Executive Committee to approve a new CPA logo to conform to the concept of the century old activities through the winds of change, which again, will be witnessed in the future. Structurally, we have nine Regions whose people are different in terms of culture, political climate and socio-
Commonwealth Matters:Layout 1 22/12/2010 08:59 Page 305
COMMONWEALTH MATTERS
The Chairperson of the CPA Working Party, Ms Moana Mackey, MP, of New Zealand speaking at the meeting.
economic levels. We all, however, share the resources of this planet. We are all vulnerable to global health hazards, financial breakdowns, changes in our climate and environment, as we are all touched by international migration, terrorism and other problematic issues. In view of the winds of change for the future, how then, and to what extent, should the Association reform in order to be more resourceful in its contribution than before and to remain relevant to the future generations? In response to the concern for the future of the Association, I am happy to inform you, distinguished delegates that the Executive Committee, at its meeting in Arusha, Tanzania last year decided to form a CPA Working Party to conduct a detailed study on the matter. The Working Party comprises 10 members (10 Regional Representatives, one from each Region, two from the Africa Region). The Chairperson of the Executive Committee, ViceChairperson, Treasurer and the CWP Chairperson will participate as Ex Officio Members. Consequently, the Working
Party had its first meeting here in Nairobi on 9 September 2010 where Ms Moana Mackey, MP, of New Zealand was elected its Chairperson and Hon. Keith Flax, MHA, Deputy Speaker of the House of Assembly, British Virgin Islands, as Vice Chairperson. The main Term of Reference of the CPA Working Party is to reexamine the CPA’s future in order to ensure that it continues to be a vibrant and strong international organization as it enters its second century. The Working Party is expected to present its final report for the Executive Committee and the General Assembly to consider at the 57th Commonwealth Parliamentary Conference in London in July next year. I therefore wish to urge all Members and staff to support the Members of this Working Party by offering progressive ideas regarding activities you would like to be considered to reform and strengthen the Association in the future. The formation of the Working Party, in a way, corresponds with the decision of Commonwealth Heads of State and Governments
to form the Eminent Persons Group (EPG) with a mandate to examine how “the Commonwealth will remain relevant to its times and people in future” and will help to build “a stronger and more resilient and progressive family of nations founded on enduring values and principles”. Also the results of the research conducted by the Royal Commonwealth Society under the title “Commonwealth Conversation” show that there is every reason for concern that the relevance and network of the Commonwealth family need to be revitalised. I believe that these reforms have been prompted by similar concerns as those contained in the general Theme of this 56th Conference Parliamentary Conference, here in Nairobi. I am happy to report that, in spite of the financial crisis that has swept the world, the finances of the Association remain sound. We have moved from a deficit of nearly £500,000 when I took my position in January 2007, to a balanced budget in 2009. The investments from our Reserves amount to £7.5 million at the market rate, as at June 30, 2010; thanks to you
Honourable Members for the Reserves Policy you approved at the General Assembly in Malaysia in 2008. Our annual reports for the last three years show that we have delivered programmes in almost all regions, albeit in varying percentages, for direct parliamentary training and global involvement. The programmes delivered, to name a few, have included: •
•
•
•
•
•
Workshop on CPA Benchmarks for Democratic Legislatures for the Pacific Region CPA Benchmarks for Democratic Legislatures for the Asia, India and South East Asia Regions Public Accounts Committee (PAC) Seminar for West Africa held in Ghana Post Election Seminars for Dominica, Grenada, Kenya, Lesotho, Turks and Caicos and Zambia Staff Development Workshop for the Caribbean, Americas and Atlantic Region held in Antigua and Barbuda Climate Change Study Group
The Parliamentarian | 2010: Issue Four | 305
Commonwealth Matters:Layout 1 22/12/2010 08:58 Page 306
COMMONWEALTH MATTERS
•
•
•
•
held in Abuja, Nigeria Regional Trade Workshop for African Parliamentarians, held in Tanzania Regional Trade Workshop for Pacific Parliamentarians, held in Samoa, and The Parliamentary Workshop on HIV/AIDS and Unpaid Care Work held in the wings of the 9th Commonwealth Women Ministers Meeting in Barbados. Commonwealth Whips Network workshop, held in Australia
Other programmes that Members benefitted from are: • • • •
•
•
•
The World Economic Forum for Africa, held in South Africa Public Accounts Committee Seminar for West Africa CWP Australia Region Conference National Council of State Legislatures, Louisville, Kentucky, USA Meeting of Commonwealth National Women’s Machineries, New York, USA 40th Africa Regional Conference, Port Harcourt, Nigeria Commonwealth Ministerial Debt Sustainability Forums and others.
Programmes planned for the rest of the year into the first half of next year include: • •
•
•
• •
The Pacific Regional Gender Seminar Parliamentary Staff Development Workshops for the Africa Region Parliamentary Staff Development Workshops for the Pacific Region Government and Opposition Workshop for the South Asia Region Financial Scrutiny Workshop for the Asia and India Regions Constituency Development Funds Workshop
306 | The Parliamentarian | 2010: Issue Four
•
•
•
•
Technical Assistance Programme for Parliament of The Gambia Technical Assistance Programme for the Parliament of Swaziland Establishment of a Parliamentary Training Institute in Ghana Technical Assistance Programme for Malawi to be funded by the Scottish Parliament under the auspices of the CPA.
In recognition that the younger generation are tomorrow’s leaders, we annually organize a one day programme in London on Commonwealth Day to engage and introduce young participants from Commonwealth countries to parliamentary practice. We also encourage Branches to hold Youth Parliaments and other events to commemorate Commonwealth Day. Last year, Mr President, I stated that contemporary work in parliamentary reform activities and research now has other players, hence the importance of forming partnerships. Our partners; the Commonwealth Secretariat, the World Bank Institute, the United Nations Development Programme (UNDP), the National Democratic Institute (NDI), AWEPA, the SADC Forum, SUNY New York and others continue to collaborate with us in the delivery of some of our programmes. I would like to urge all Branches to keep the CPA Secretariat informed of programmes that you need for the strengthening of your Branches, for the purpose of planning, budget allocation and delivery. I believe that future programmes suggested by Branches should include Members’ interests in the sectors of agriculture, extractive industries, health, live stock management, finance and trade, tourism, etc., because the future demands of constituents lie in the
implementation of tangible productive programmes and that is what I mean by the concept, “value for politics”. We at the Secretariat will always continue to proactively propose programmes we believe will benefit Members and parliamentary staff. I am very happy to report that since we last met in Arusha, Tanzania last year, I have visited 16 Branches in our various regions and nearly 70 Branches over the last three years. I have also
“We at the Secretariat will always continue to proactively propsose programmes we believe will benefit Members and parliamentary staff.”
represented the Association at events in and outside the Commonwealth. I am glad that for the last three years I have worked with many of you in all the nine Regions to respond to Members’ and staff needs in order to strengthen the legislatures and the activities of the Association in general. I am especially happy that the Executive Committee which sat in Swaziland in May, this year, recommended that the General Assembly in Nairobi admit Rwanda as a new Member of the Commonwealth Parliamentary Association, a matter which the General Assembly is expected to consider. I wish to thank the Executive Committee, Speakers, Presiding Officers, individual Members of the
Association, parliamentary Clerks and Secretaries, as well as parliamentary staff for the support you have extended to me in the discharge of my duties and responsibilities as SecretaryGeneral during the last three years. In a special recognition of the activities of the Commonwealth Women Parliamentarians, I wish to salute and congratulate the active role played by the outgoing CWP Chairperson, Hon. Kashmala Tariq, for the work she did to promote the rights and interests of women in the Commonwealth, as well as, for her support and challenge to our duties and responsibilities. On behalf of my colleagues at the Secretariat, I wish her all the best but we shall always remember that she still belongs to this CPA family in the future. There would be no conference in Kenya without the stamp of your personal commitment, Mr President. On behalf of the CPA Secretariat I wish to thank you very much for the wonderful cooperation you extended to us in the planning of this conference. We also felt and appreciated the cooperation from the Chairperson of the National Organising Committee, Hon. David Musila, Assistant Minister for Defence, the Clerk of the Kenya National Assembly, Mr Patrick Gichohi, and all the support staff from Kenya who went to great lengths to ensure the success of the conference. I am also sincerely grateful to my staff at the CPA Headquarters Secretariat who have always worked tirelessly to service the Commonwealth Parliamentary Conference while serving the needs of your Branches as well. Mr President, I wish you the best of your deliberations over the coming week and I look forward to interacting with as many of you as possible. Asanteni Sana, Thank you very much.
Commonwealth Matters:Layout 1 22/12/2010 09:00 Page 307
COMMONWEALTH VALUES
A COMMONWEALTH OF VALUES Speech by Commonwealth Secretary-General H.E. Kamalesh Sharma
I thank you warmly for this invitation to address you today, and sincerely wish you good and productive conferencing here in Nairobi. Two years ago, just a few months into my tenure as Commonwealth SecretaryGeneral, I joined you in Kuala Lumpur. One year ago, I was very pleased that Deputy SecretaryGeneral Mmasekgoa MasireMwamba was able to represent me in Arusha. In 2010, I am delighted to be back with you again – and particularly to be in Kenya at the dawn of a new era, with a brand new Constitution ushered in at Uhuru Park a fortnight ago, amidst scenes of great jubilation. My medium may be words, but what came to me when I first began to think about this address were, in fact, numbers. The number 56 – this is, of course, the 56th Commonwealth Parliamentary Conference, in a long history of global service. The number 60, because you well know that the modern, intergovernmental Commonwealth reached its diamond jubilee last year: justifiably proud of its past, and pressing ahead. A precious stone must always be polished.
The Commonwealth of values; the Commonwealth that moves with its times; the Commonwealth of the vulnerable; the Commonwealth of partnership: this Commonwealth has been true to its core, yet it has always evolved. And I do believe that it has fulfilled the implausibly prescient hope of King George VI, at the close of that momentous meeting in London in 1949 – which so bravely and farsightedly reconstituted this association, “freely and equally associated” – that this fledgling organisation would “redound to the happiness of millions”. I believe it has done just that. We are here today because the Commonwealth is a mighty cause, and a “great global good”. Yet it has no inherent right to think that it can and will remain so, without constant questioning and constant renewal. There are very real areas of expectation from the inter-governmental Commonwealth, and we are the first to acknowledge them. Like increasing our impact – especially given that our human and financial resources are so modest; like strengthening our networks – especially given the task of mobilizing and coordinating all those communities in the public, the private and the ‘third’ sectors,
The Parliamentarian | 2010: Issue Four | 307
Commonwealth Matters:Layout 1 22/12/2010 09:01 Page 308
COMMONWEALTH VALUES
which are our most precious asset; like raising our profile – especially given the constraints in making public what we often deliberately do in private, and in galvanising opinion – amongst both governments and peoples – around the principle and values that bind us. This is why our Heads of Government, meeting in Port of Spain last November, tasked us to create an Eminent Persons Group – to look at these questions, and more. Eleven exceptional people have been chosen – representing in every way the incomparable variety of the Commonwealth; and under the distinguished chairmanship of former Prime Minister Badawi of Malaysia, a great friend to this organisation – to make their recommendations. Their ongoing task is to hear the voices of all – of ordinary people, of civil society, of business, and of course of governments and parliaments. The EPG, as we call it, will report to our next Commonwealth Heads of Government Meeting, in Perth next October. I cannot over-emphasize the importance of this Parliamentary community playing its part in that process of constructive selfappraisal, and renewed and forward-looking commitment. By letter to Secretary-General Shija, I have already invited you to do so. And in doing so, you will be marking the full significance of my next number: 99. For you yourselves stand on the brink of a century – and Commonwealth cricketers and non-cricketers alike will rise to their feet to applaud this magnificent hundred. The CPA is one of the oldest Commonwealth organizations. It is older, as we have seen, than the modern inter-governmental Commonwealth itself. Yet it, too, like any other body,
has to keep its credentials burnished. It, too, is tasked with maximizing its impact, its networks, and its profile. The potential we see in this room – in which an organization with 16,000 Members has assembled representatives of its 175 national, state, provincial and territorial Parliaments – is formidable. The fact that it is bound by the same democratic values makes this community one of huge potential, another “global good”. So the challenge for the Commonwealth parliamentary community in its 100th year – just as the challenge already issued to the wider Commonwealth in its 61st – is to define how that potential can best be realized. Invaluable though it is, especially as a chance for peer-topeer exchange and support, this Commonwealth Parliamentary Conference is but one small part of the power and potential of your own networks. Your strength is your numbers, and the quality of the experience you bring and share, about the things which matter to you most. Without partnerships, we are nothing: my words are all about partnership. Time and again, we hear that what defines this Commonwealth is its common and voluntary commitment to the principles of democracy, freedom and human rights – and, with them, lives lived to the full. The burden of my words today is strengthening and applying those principles, because I believe that together we could do much, much more – in sharing ways to make democracy work better, and in sharing ways to make democracy deliver its greatest dividend, which is one of the special themes of this meeting: “Development”, and its core task of reducing poverty. Before I say how we might properly mark our joint
308 | The Parliamentarian | 2010: Issue Four
anniversaries and promote democracy and development through Parliament, I would like to paint the most impressionistic of pictures as to the world – and particularly the world of democracy – which we inhabit. First and foremost, it is a shared world.
Scarborough, the second oldest in the Caribbean after Barbados. With the utmost propriety, 12 young men and women sitting at fine teak tables begged leave of the Presiding Officer to speak to a motion on climate change. It must be said that there seemed to be no opposition: both
H.E. Kamalesh Sharma at the 56th Commonwealth Parliamentary Conference in Kenya.
Shared, in the sense of the fast globalizing world in which boundaries get blurred, as both civil and uncivil society gets globalized. And shared, in the ways in which Commonwealth citizens feel at home on five continents. Whatever our different models of parliamentary democracy, they are built on the same foundations. On the small and beautiful island of Tobago last November, I had the pleasure of attending a Commonwealth youth Parliament at the House of Assembly in
sides of the House were unanimous, that those even younger than themselves must be made wise to the effects of climate change, and that they must be made effective in following the wisdom of consuming less energy. That day, I was privileged to witness articulate, impassioned, reasoned, responsible, good-humoured but purposeful debate. The Ayes duly had it, and I reflected that I had witnessed something which I might have seen on a placid day in the Lok Sabha in Delhi, in the Palace of
Commonwealth Matters:Layout 1 22/12/2010 09:02 Page 309
COMMONWEALTH VALUES
Westminster in London, or anywhere in the Commonwealth on this continent of Africa, or the Pacific. The power of the Commonwealth network is formidable. And this network transcends the details of size, and structure, and practice. Whether a
parliament in Australia. In each, it is essentially the same in spirit. So democracy is always recognizable – and the journey of democracy pushes onwards. I cannot but reflect that in some of the Commonwealth's oldest and strongest democracies – take Australia, Canada, India and the
Parliament sits for 100 days of the year, or 200, whether it is the 700plus MPs in the two houses of the Indian Parliament, or the 10 members in the single chamber in Tuvalu, whether it is a national assembly in a Caribbean state or a regional one like the East African Legislative Assembly, whether half of its members are women (as they are in Rwanda), or a third, or a quarter, whether there is a sizeable majority in a country like Mozambique, or a majority of one in our most recently elected
U.K. – no single party has won a majority at the last election. Yet the business of democracy and of government continues. Coalitions – and political giveand-take – are themselves an increasingly important and evolving feature of the democratic culture. Earlier in the year, in the Northern Ireland Assembly, I quoted the great John Pym, a passionate Parliamentarian in a rather different – 17th century – Commonwealth. “...A Parliament is that to the
Commonwealth which the soul is to the body. It behoves us therefore to keep the facility of that soul from distemper.” You all enjoy the privilege – and the trust, the responsibility, and the hope – of having been elected. You are indeed “the soul to the body”, and I urge you to see the collective potential that you, as a Commonwealth parliamentary community, can and should have. The need to proclaim and demonstrate democracy as our chosen path has not gone away with what some perceived as the great global contest with communism having gone in democracy's favour. This proved not to be “the end of history”, but certainly a historic surge, and an opening of the prospect before us. In our national struggles - as mostly nascent independent states in the vast sweep of our history - to secure and advance the freedoms, dignity and welfare of our peoples, the great democracy project will remain work-in progress. It is in these circumstances that we recall our most cherished beliefs, in that Parliaments and Parliamentarians are the repositories of the trust of all people, with the task to keep governments as true servants of the people. All of you will know that the Latimer House Principles of 2003 – drafted with the CPA’s help and also that of the Commonwealth Magistrates and Judges Association – are an integral part of the body of belief which the Commonwealth espouses. They affirm, of course, that the three branches of government may be mutually dependent – but so, too, that they are independent. And when countries have flouted them, they have flouted our most cherished values, and faced consequences. For instance, when Pakistan was suspended from the councils of the Commonwealth in November 2007, this was done in
part because the executive’s dismissal of the judiciary in that country was a clear breach of the Latimer House Principles. Soon after I became SecretaryGeneral, it was my great pleasure to see Pakistan reverse this, and to welcome it back to our councils. Likewise, the full suspension of Fiji in September 2009 was closely related with the dismissal of the judiciary, along with the jettisoning of the constitution. And when we see creative tension between the three branches – as, for instance, we currently do in the Maldives, now a vibrant multi-party democracy – we must at least welcome the fact that we are seeing evidence of boundaries being drawn and defended. The Commonwealth remains a partner for all – and the foundations of our Principles should be held firm. Our Principles should be held sacrosanct. The culture of parliamentary democracy defines this Commonwealth, and at every turn we reaffirm it. We are tenacious in defending it, but so too are we affirmative in supporting our members’ efforts to strengthen it, and indeed sometimes to return to the democratic path when they have strayed from it. It was the spirit of critical affirmation which was seen at the last Commonwealth Heads of Government meeting in November 2009, with the formal endorsement of the appropriatelynamed Trinidad and Tobago Affirmation of Commonwealth Values and Principles. This Affirmation was in part a compendium of the existing body of Commonwealth democratic belief of 40 years from the Singapore Declaration of 1971, to those of Harare in 1991 and Millbrook in 1995, and to the Latimer House Declaration itself of 2003 and the Aberdeen Agenda (where we set out our principles on the primacy of local government) in 2004.
The Parliamentarian | 2010: Issue Four | 309
Commonwealth Matters:Layout 1 22/12/2010 09:02 Page 310
COMMONWEALTH VALUES
But it also pointed the way forward. It strengthened those beliefs, and raised the bar. That CHOGM was also the setting where Heads of Government accepted Rwanda as the 54th member of this association, and the CPA will formally receive the Rwandan parliament amongst its membership later this week. Here, again, was another act of Commonwealth democratic affirmation. Rwanda, “the land of a thousand hills”, has climbed remarkably since its darkest days in 1994, not least in leading the world in the women in its Parliament. By the same token, it and the Commonwealth knew then and know now that it has many more hills to climb, and the Commonwealth walks with it. Just as the independent observer group raised significant concerns about the lead-up to the country’s presidential elections in August, it recognized the peaceful and purposeful way in which they unfolded on polling day. The Commonwealth stands ready to partner Rwanda in strengthening its electoral practice and culture. This task of strengthening electoral procedures was another result of the last CHOGM, which approved a new network of Commonwealth election commissioners, which was recently launched in Accra. In effect they were endorsing a form of comprehensive peer support to each other in conducting elections which will win the trust of all citizens: a giant step forward for the Commonwealth. We have the highest hopes that the idea will be epochal, in progressively shaping a commonly agreed ‘gold standard’ for the conduct of elections. We believe the network can share all our best practice in areas like voter registration, universal mobilisation of electorates, polling
practices, security oversight, media policy, the use of public funds in election processes, and all other aspects of creating a fair and level playing field. We have similar hopes that the Commonwealth can have another gold standard in its midst, in the form of a more effective Commonwealth Ministerial Action Group, or CMAG. The 15-year-old CMAG is, of course, the guardian of what we most cherish. It has distinguished the Commonwealth from other organisations, both in being able to hold its members responsible and even to suspend them, but also always to hold out to them the hand of support in the restoration of democracy. Many of you will know that CMAG has suspended five countries in its 15 years: Nigeria, Pakistan and Sierra Leone sought to return and did so; Zimbabwe sadly walked away; and Fiji – despite our best efforts and, indeed, our ongoing attempts at dialogue – remains suspended. The CMAG, too, received a boost at the last CHOGM, when Heads of Government asked us to look at how we can strengthen it within its existing mandate to consider serious and repeated violations of the Harare Principles in member states. In the task of reforming itself, the Group has started to scope out what this new mandate means, and how it can refine the process whereby it engages itself. So we do envisage a wider scope of CMAG activity. The Group would no doubt wish to reinforce its image as a body which engages and encourages, as well as censures when it must. There are other institutions the Commonwealth builds, which will be applauded by democratically elected Parliaments, such as national human rights institutions, but this brief sketch has, I hope, given not just a painter’s outlines of our Commonwealth democratic belief, but some of the detailed brushwork too.
310 | The Parliamentarian | 2010: Issue Four
And how does it relate to the particular role of Parliaments themselves, as guardians of our democracies? Here, the CPA is recognized for doing its own detailed brushwork – in applying form to the outline of our democratic values. We appreciate the advice it has given to the Commonwealth Secretariat in choosing parliamentary members of our Commonwealth election observer groups.
“The potential we see in this room – in which an organization with 16,000 Members has assembled representatives of its 175 national, state, provincial and territorial Parliaments – is formidable.” I cite another good example of partnership in thanking it for coorganizing our pioneering and significant Government and Opposition workshops, which have worked towards embedding a true belief in the value of a constructive Opposition across the Commonwealth. I am pleased to say that another seminar is currently being planned for Asia, and thereafter we plan one on your doorstep here in East Africa. It was my predecessor Chief Anyaoku who once bemoaned the fact that there is, on this continent, a very limited cultural concept of a “loyal” opposition, as an integral and respected element of politics, working in the national interest. Our communal task is to work against this polarisation of political “friend”, and “foe”. We also pay tribute to the
painstaking, behind-the-scenes work which is the basis of any good parliament, and which is the CPA’s bread and butter. In the last three years, it has run eight orientation courses for newly elected MPs. Perhaps here we can add a special word of appreciation for CPA-UK, which takes advantage of being deep in the belly of the beast in Westminster to offer an impressive array of support programmes. Not only does it bring Parliamentarians to the four national assemblies in the U.K. and the regional European one in Brussels: it also sends out on assignment U.K. MPs and parliamentary staff, to offer assistance to Commonwealth parliaments on four continents. Indeed, I read last week of staff from the Guyanese Parliamentary Committee Division coming to London for training, and I know too that in August a clerk and three Parliamentarians from London were invited to advise on committees and administration by the speaker of the Parliament of Botswana. Distinguished colleagues, the task is to empower Parliaments and Parliamentarians – which means giving them belief in their own function, and which also means giving them the wherewithal to do their job. Capacity-building and administrative support is never glamorous, but any Parliamentarian will surely tell you that it can make the difference between success and failure. I refer to the role of parliamentary clerks and researchers; the availability of libraries and research sources; the computerisation of parliamentary business; the effective running of parliamentary committees, be they Public Accounts Committees scrutinising the use of funds, or subject-specific committees scrutinizing policies, programmes and expenditures. These were the stuff of a report
Commonwealth Matters:Layout 1 22/12/2010 09:02 Page 311
COMMONWEALTH VALUES
which we submitted to the Ugandan Parliament in recommending improvements in 2006 – and they are the stuff of the CPA’s and national Parliaments’ work now, and in the future. The Commonwealth headquarters, as you well know, are based in London, not even a mile away from the oldest elected Legislature in the world, with its roots in the 13th Century. As with all organic growth, that particular legislature is still evolving, and it offers various lessons to other Commonwealth countries. It is fair to say that its recent expenses scandal has been a sobering experience for it, and for the British electorate. Meanwhile the quality and the quantity of its back-up go unnoticed, but ensure that it can offer the highest standards of scrutiny. The things which it takes for granted – for instance, the confidence it can place in its administrative staff’s ability to provide an a-political brief – are in demand elsewhere, and that is why all our communities are called upon to share ideas and expertise wherever they can. So let me, in these last few minutes, try and turn some of these thoughts towards your chosen theme of “Parliament and Development in the 21st Century: thus far and beyond”. I make no excuses for having ranged so broadly to get to this point, and for making just a few comments now, in the knowledge that you will discuss this further yourselves. First, the Commonwealth is clear that we must avoid false dichotomies between democracy and development. Because Parliamentarians, as guardians of democracy and holders of their peoples’ trust, are also guardians of development – the two are “of a kind”, organically linked and intertwined, and mutually reinforcing. A seminal Commonwealth report on democracy and development in 2003, produced by
a team led by Dr Manmohan Singh, the present Indian Prime Minister, argued that democracy and development are two sides of the same coin, and that they reinforce each other. Human development, it said, is manifested not just in areas like health and education and economic empowerment, but also in the development of the human person through the guarantee of human rights and democratic choices and freedoms. Development will henceforth be measured in terms of the Millennium Development Goals, with their targets of poverty reduction, schooling, gender equality, child, maternal and adult health, and environmental sustainability. The MDGs, as we know, have five years to run, and we struggle to meet them. This morning, Honourable Speaker Marende quantified the grim challenge before us, and spoke, too, about the centrality of the Commonwealth’s women and the Commonwealth’s young people in that task. Even without the transformations we have seen since 1990 in India and China, great gains have been made in the pursuit of these Goals. But still – particularly in swathes of Asia and Sub-Saharan Africa – they remain unmet. And with global populations growing so fast, and estimated to reach 9 billion by 2050, they threaten to remain so. As I speak, my other Deputy Secretary-General, Ransford Smith, is preparing to address the MDG Review Summit which takes place in 12 days’ time at the UN in New York. He will speak on behalf of all our member states, and their combined needs, and he will also relay the messages which came out of Commonwealth Health and Women Affairs Ministers Meetings which happened in May and June. Let us remember the essence of the “development deal” which has unfolded since the Millennium
Summit, the Monterrey Summit, the Gleneagles summit, and other points after and in between. It was the core understanding that the developed world undertook to support the developing world through a combination of aid, debt relief, investment and trade liberalization and facilitation – while the developing world committed to prioritise and plan its own development path, and to promote efficiency, opportunity, transparency and accountability in the way that the path was travelled. If Parliament is the representative of its people, it must be passionate about Development and the MDGs, and be at the epicentre of national and global debate. It will recognize the stresses created, particularly in small and vulnerable economies, by a series of economic crises and by the need to show democratic solidarity in achieving collective goals, and in exercising the wisdom function so desperately needed today, to embrace the entire world in the solutions we seek. For this reason, governments cannot develop national and global development strategies without vigorous examination in their Parliaments; and governments should invest resources with fastidious scrutiny from Parliament, in terms of transparency and outcomes. I close by giving an example of an empowered and supported Parliament at the centre of national debate and life. I look no further than our host nation today, Kenya. The realizations – in the appalling aftermath of violence at the last presidential elections in this country – were that division was quite literally deadly, and that unity was the only hope. Kenya – hitherto seen as something of a beacon of democracy and development in Africa – had to rebuild a reputation. What transpired was a coalition government – however large – which means, in fact, that there is no official opposition, and which
also raised the prospect that the executive could overshadow the Legislature. But that is not what has happened. The Parliament has been integral to the rebuilding of Kenya, and the realisation of its democracy and development dreams. Speaker Marende and Clerk Gichohi can take particular credit for that. The Parliament has taken a strong line in scrutinizing the budget. And just as it had pushed for, and then passed, the Constituency Development Fund Act in 2003, it has pushed hard for probity in the management of those funds. It brokered the work on drafting the historic new Kenyan constitution which was voted in just a few weeks ago; and as a result of it, it will grow by introducing an upper chamber, and it will be stretched to the limit of its capacity in passing new legislation. It saw partnership as the key to Kenyan success – an all-embracing coalition of the willing. I am pleased to add that “the willing” very much includes the Commonwealth, which will provide legislative drafters to develop aspects of the new constitution, as I agreed with Attorney General Amos yesterday. We will also use our existing networks of both national election commissions and national human rights commissions, to support those two new bodies in this country. All in all, I believe I am describing an empowered parliament, attuned to planning and scrutiny, focussed on delivering democracy and development, and answerable to the people who elected it. Let it be food for thought for two organizations – one just over 60, and another nearing 100 – which need to ask again, how best they can strengthen their impact, their networks and their profile, and share their “Common wealth”. I wish you all well in your gargantuan and inspiring task.
The Parliamentarian | 2010: Issue Four | 311
Commonwealth Matters:Layout 1 22/12/2010 09:03 Page 312
COMMONWEALTH QUESTIONS
Questioning the SecretariesGeneral H.E. Kamalesh Sharma (left) and Dr William F. Shija (right)
CHOGM must agree any changes to its relations with other organizations; but he added that peer-to-peer support is seen as an essential part of Commonwealth co-operation.
Following their addresses, the Secretaries-General responded to a series of questions and comments from Members on the role of the Commonwealth and the CPA in election observation, relations between the interparliamentary and intergovernmental Commonwealth, flood relief in Pakistan and support for democratic development. Commonwealth election observation Lord Steel of Aikwood from the United Kingdom House of Lords, called for a greater Commonwealth presence in observing elections. He said the violence which followed the 2007 Kenyan elections stemmed from changes to the country’s election commission a year before the vote, changes which were made without cross-party support. Commonwealth observer missions need to have a stronger role and be present in a country for a longer period.
Mr Sharma replied that the Commonwealth’s experience from more than 80 election observations is that observer group leaders report that the Commonwealth has a high level of credibility in this area. Those whose elections are being observed want to know what neutral and supportive Commonwealth teams think of their process and systems. Commonwealth observer missions have been well supported in particular by the Canadian government; but he described overall funding for this activity as “moderate” and urged Members to press for greater Commonwealth involvement. Mr Sharma said the Commonwealth approach to election observation is not to be judgemental. Missions offer a “supportive hand not a wagging finger”. Each mission team is independent and its recommendations provide a blueprint for further Commonwealth assistance.
312 | The Parliamentarian | 2010: Issue Four
Commonwealth Parliaments and governments Hon. Sada Soli Jibia, MNA, of Nigeria questioned the role that the CPA has been accorded by the Commonwealth Heads of Government. It is the “Parliament of the Commonwealth” and Commonwealth Heads of Government Meetings (CHOGM) are incomplete without it. Commonwealth Women Parliamentarians Chairperson Ms Kashmala Tariq, MNA, of Pakistan also called for a better relationship between the two organizations, complaining that observer status at CHOGM and ministerial meetings demonstrates a lack of government respect for senior MPs. Mr Sharma noted that the Trinidad CHOGM in 2009 established an Eminent Persons Group to examine how to increase the involvement of the Commonwealth family in a more coherent partnership to enhance Commonwealth understanding.
CPA support Mr Jibia went on to question the role of the CPA and argued that Nigerian state Legislatures are receiving little support from the Association. Two South African Parliamentarians, however, praised the contribution of the CPA in supporting democracy. Ms Matawana Olly Mlamleli, MP, lauded the efforts of the CPA Secretary-General in visiting many Branches to raise Members’ awareness of the Association and its activities. Mr Jake Dikobo, MP, said he was impressed by the good work done by the CPA Secretariat with its small staff of 14. Dr Shija expressed his appreciation for the positive assessments of CPA work. As a Member-driven organization, the Association is always open to requests to provide new or expanded programming. He said the Association had recently held a workshop in the Nigerian capital, Abuja, on the roles of government and opposition and he had discussed with the Speaker of the Nigerian National Assembly possible further CPA work in Nigeria. He urged the Nigerian states to convey their programming interests to the Secretariat so it could plan and prioritize new programme
Commonwealth Matters:Layout 1 22/12/2010 09:03 Page 313
COMMONWEALTH QUESTIONS
proposals to present to the CPA Executive Committee. The CPA is running a variety of programmes such as: gender seminars in the Pacific, government and opposition workshops in South-East Asia, financial scrutiny seminars in Asia and India, a study into the regulation of constituency development funds, staff development workshops in Africa and the Pacific and technical assistance programmes for Gambia, Swaziland and Ghana. Devastation in Pakistan Ms Nafisa Shah, MNA, of Pakistan reported that the recent flood disaster had seriously damaged her country. Approximately 20 per cent of Pakistan had been inundated and more than 25 million people had been displaced. She asked what the Commonwealth was doing to assist its member country. Mr Muhammad Israr Tareen, MNA, supported his colleague, urging all Commonwealth countries to help Pakistan. The meeting was told that the devastation has especially hit the province of Khyber Pakhtunkhwa. A CPA delegation could be sent to the northern province to witness the magnitude of the destruction. Mr Sharma replied that the Commonwealth Secretariat had asked Pakistan to outline the type of help the Commonwealth could give. Volunteers had been sent to Pakistan after it suffered a serious earthquake; but on this occasion it is important to find out from Pakistan what the Commonwealth can best contribute. Dr Shija said a CPA delegation to Pakistan was being considered, adding he would visit the country as soon as possible. The Secretary-General had appealed to all Branches immediately after the disaster to urge their governments to help Pakistan. Later in the Kenyan meetings, a resolution was passed by the CPA General Assembly
asking all Parliaments and Legislatures to provide more ongoing assistance to the democratic national and provincial governments of Pakistan. Support for democracy Ms Shah expressed appreciation for the Commonwealth’s work in shoring up developing democracies. Ms Tariq called for an even stronger Commonwealth role in this area to expand its opposition to military dictators. The organization should also challenge political dictators, she said. Sen. Dr Karemera Joseph of Rwanda thanked the Commonwealth for admitting his country into membership as he said Rwanda could learn a lot from its new Commonwealth partners. Mr Basil Williams, MP, of Guyana congratulated Kenya on the adoption by referendum of its new constitution. The CPA and the Commonwealth Secretariat could use the Kenyan example as a model for other countries with heterogeneous populations, he said. Mr Sharma replied that there had been an upsurge of expectations and of support for rights-based rules for democracies, leading to a redefinition of what constitutes acceptable “leadership”. Commonwealth advice on such matters as Freedom of Information Acts and similar legislation is needed in many countries. The Commonwealth weapon of suspending the membership of countries which do not adhere to democratic principles has been effective, he said. Many in Pakistan, for example, were grateful to the Commonwealth for suspending its government for violations of democratic principles. The suspension kept people aware that there was a different way to govern. The Commonwealth SecretaryGeneral recalled that CHOGM noted that the high threshold for action by the Commonwealth
GENERAL ASSEMBLY Commonwealth Support for Pakistan Whereas the people of Pakistan, their democratically elected national government and National Assembly and its CPA Branch, and the governments, Legislative Assemblies and CPA Branches of the four provinces of Pakistan continue to fight to preserve democratic governance and the rule of law; Whereas those governments, Parliaments and Branches have been severely affected by this year’s unprecedented nation-wide floods which have inundated 20 per cent of the country and deprived 25 million people of their homes and livelihoods; Whereas thousands of people have lost their lives and hundreds of thousands more have either been injured or will in the foreseeable future develop life-threatening diseases from contaminated food and water supplies; Whereas Commonwealth governments contributed generously to the immediate disaster relief efforts; And whereas the Secretary-General of the Commonwealth Parliamentary Association in August appealed to all CPA Branches to encourage their governments to support the recovery of Pakistan and its provinces; The CPA General Assembly meeting during the 56th Commonwealth Parliamentary Conference in Nairobi, Kenya, on 18 September hereby appeals to all Commonwealth governments to provide further monetary, technical and humanitarian assistance to ensure the long-term stability of Pakistan as a vibrant democratic partner in the Commonwealth of Nations.
Ministerial Action Group (CMAG). The need was recognized for intervention before a crisis went too far. However, CMAG is currently unable to go too far beyond its remit to respond to “serious and repeated violations”. This could be an area in which Commonwealth action could be retooled, but within the bounds of a constructive partnership body that wants to help rather than censure. Dr Shija told delegates that he advised Mr Sharma of a recent breakdown in relations between the Parliament and the
government in Maldives. The CPA is able to work with Parliaments, such as it had with the Parliament of Guyana, on possible preemptive measures to defuse smouldering conflicts before they erupt. He added that it is encouraging that Rwanda wanted to join the Commonwealth because it saw the organization as a valuable source of assistance. He pledged that the CPA will work closely with the Parliament of Rwanda to strengthen democratic governance in the east African country.
The Parliamentarian | 2010: Issue Four | 313
Workshop A:Layout 1 22/12/2010 09:07 Page 314
WORKSHOP A PEACE BUILDING
56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Workshop A - 17 September 2010
THE ROLE OF PARLIAMENT IN PEACE BUILDING: THE CASE OF KENYA IN ADDRESSING POSTELECTION VIOLENCE IN 2008
Moderator: Hon. David Musila, MP, Assistant Minister for Defence, Kenya Discussion Leaders: Hon. James Orengo, MP, Kenya, Minister for Lands; Hon. Martha Karua, MP, Kenya; Prof. Githu Muigai, Kenya; Prof. Peter Wanyande, Kenya.
Summary There was consensus that election-related conflicts were not new to Kenya and other democracies. However, the 2008 post-election violence in Kenya was the most severe. Parliament was instrumental in establishing the coalition government and in ensuring its sustainability and success. Members inevitably play a critical role in achieving durable peace which is linked to the existence of credible democratic institutions and enhanced government accountability. Initially, state-sponsored violence was used as a tool for manipulating election results. In properly elected governments, Parliaments hold enormous responsibility and capacity to stem conflict and ensure existence of an all-inclusive society, the workshop heard. The role of legislating is key in creating a framework for
314 | The Parliamentarian | 2010: Issue Four
addressing historical injustices, political stability and sustainable peace. However, Members do not yet perform this role perfectly. To stem future reversals, participants concurred that the following are imperative: the focused implementation of Kenya’s new constitution, the enhancement of multi-stakeholder fora, the entrenchment of a culture of constitutionalism and the promotion of continuous peacebuilding processes, even in the absence of potential conflicts. Workshop A primarily addressed Kenya’s post-election violence in 2008 which led to property destruction and claimed 1300 lives. There was consensus that inter-ethnic conflicts were universal phenomena that was neither new to Kenya nor to other democracies. The Kenya Parliament earned an admirable achievement by playing a dynamic role of passing
several laws to bring about peace and political stability during the 2008 post-election violence. Parliament’s resolve to anchor and legitimize political settlements into the constitution proved that the traditional role of Parliament is evolving, and that its capacity to concretize ideas, mobilize popular support and turn them into practice remains the duty of modern Parliaments. Parliamentarians observed that the existence of credible democratic institutions is pivotal to the achievement and sustainability of durable peace and political stability. The supportive role of the international community and whether their intervention was interest-driven was also addressed. Report Hon. James Orengo, MP, detailed how in Kenya’s case, the realization by the principal political leaders, – who both claimed victory – that the
Workshop A:Layout 1 22/12/2010 09:08 Page 315
WORKSHOP A PEACE BUILDING
problem of political contention had gone beyond an election dispute, prompted the principals to quickly agree to international intervention to resolve the problem since the country was suffering and becoming ungovernable. The resultant mediation talks that culminated in the power-sharing agreement that brought tranquility was brokered by the United Nations and the Africa Union under the chairmanship of former UN Secretary General, Dr Koffi Annan assisted by African Eminent Persons, former Tanzanian President Benjamin Mkapa and
H.E. Graca Machel. Many other African leaders, political and religious players made valuable contributions towards achieving Kenya’s political settlement. The participants underscored the critical role of legislating as key in creating viable legal frameworks that helped in addressing historical injustices, restoring normalcy, political stability and initiating continuous and all-inclusive peacebuilding mechanisms. The President and the Prime Minister appointed a Committee of eight Members of Parliament drawn from the two main political
Hon. Martha Karua, MP, Kenya, speaking at Workshop A.
coalitions who met under the Chairmanship of Dr Annan and after intensive talks, came up with an Accord that spelt out the various Agenda on how to deal with the problems that had bedeviled the country since its independence. In particular, the issues of land, inequality, ethnic marginalization and exclusion, religion and longstanding historical injustices and
constitutional review took centre stage. Hon. Martha Karua, MP, explained the critical role Members played in enacting the necessary legislation including the National Accord and Reconciliation Act, 2008, the Constitution of Kenya Review Act (No. 9 of 2008) and the Constitution of Kenya (Amendment) Act (No.10 of 2008). Parliament also put in place the Commissions of Inquiry Act which paved the way for the establishment of the Commission of Inquiry into Post-Election Violence (CIPEV) chaired by Hon. Justice Phillip Waki. This Commission made recommendations with regard to prevention of future occurrence of large scale violence and how to tackle impunity. Also recommended was the creation of a Special Tribunal on the investigations and prosecution of crimes committed in the postelection violence. In addition, Parliament also passed the Truth, Justice and Reconciliation Commission (TJRC) Act which set the legal framework for addressing the issues of historical injustices and bringing healing and reconciliation among warring communities. Parliament also passed a resolution that disbanded the former Electoral Commission of Kenya (ECK) and created the Interim Independent Electoral Commission (IIEC). It also vetted and approved names of nominees to the Interim Independent Boundaries Review Commission (IIBRC) and the National Cohesion and Integration Commission (NCIC). She noted, however, that Parliamentarians, had at times, not shown adequate commitment in supporting the implementation of the proposed key institutional reforms and processes, and had yet to perform this duty effectively. She further implored upon the CPA to support and make timely interventions, encourage partner states to implement home-grown
The Parliamentarian | 2010: Issue Four | 315
Workshop A:Layout 1 22/12/2010 09:09 Page 316
WORKSHOP A PEACE BUILDING
institutional reforms and pursue agreeable solutions in full, to conclusively address the root causes of election disputes and conflicts in a more coherent approach. Hon. Hugh Bayley, MP, (United Kingdom) reinforced in his comments, the global dimension that inter-ethnic rivalry had assumed, giving contemporary examples of Spain, United Kingdom, Yugoslavia, and Bosnia. He advised that Parliamentarians should reach out to civil society organizations and warring communities, given the emotional and difficult nature of resolving such conflicts. He warned that failure to punish the perpetrators would still give room to intimidation to be used as a weapon during elections. He also underscored, as a key lesson, the need to ensure inclusiveness and independence to guarantee the legitimacy of future Electoral Commissions. Hon. Sosten Gwengwe, MP, (Malawi) while appreciating the efforts made by all parties to solve the post-election violence, cautioned that the emerging trend of forming coalition governments in Africa posed the risk of having one-sided governments and sought to know how Parliament remained democratic when the two sides were all players in same government. He was also curious to know what challenges were expected and possible checks that were in place as the 2012 General Elections approached. Lord David Steel, (United Kingdom) questioned whether the new Electoral Commission had sufficient guarantees to ensure it was independent. He was assured that the collective will of the Kenyan people was a fundamental check apart from the proposed institutional reforms to stem future fraud in polls. Hon. Basil Williams, MP, (Guyana) praised the passion with which Kenya handled the conflict and emphasized the need to learn from Kenya. He reiterated the
importance of political will shown by the two principals in implementing the most critical legislation. Prof. John Oucho, (Kenya) recounted the undercurrents of past incidents of post-election violence and pointed out that the absence of multi-stakeholder forums to address conflicts should be addressed. He cautioned that the tendency by the Executive to establish Commissions was being conceived as a means of postponing conflict resolution, an allegation which Prof. Muigai disagreed with. It was pointed out that commissions had not been a waste of time or public funds. More sensitization was necessary for the public to appreciate and make full use of them. Ms Karua admitted that to some extent the government seemed to be one-sided, which posed a risk of killing democracy. A measure of tokenism affected opposition politics. She added that
316 | The Parliamentarian | 2010: Issue Four
the absence of a structured opposition in place was caused by necessity. She observed that it was crucial that post-coalition institutions and processes should achieve desired reforms and restore confidence locally, regionally and internationally. If implemented, proposed reforms had the capacity to address land issues, exclusion, corruption, impunity, inequality and other historical injustices. Prof. Muigai further explained that though coalition governments in Africa were not ideal outfits in democratic set-ups, in Kenya’s and Zimbabwe’s cases, they were deemed necessary in the context in which they were formed. That henceforth, the collective will of the Kenyan people finally forced political protagonists to dialogue, and that elections should reflect the will of the people were imperatives borne out of the concept. Prof. Wanyande further
reinforced the need to deal with post-election reforms with deserved seriousness, noting that embracing the culture of legality and constitutionalism as these would help to hold leaders to account. The need to ensure that future commissions were independent was stressed. The issue of foreign sponsorship was sensitive hence the need to watch over external influence in fuelling internal conflicts. He emphasized the importance of developing and embracing patriotism and constitutionalism. Hon. Pandu A. Kificho, MHR, (Zanzibar) observed that Zanzibar had faced similar election-related conflicts but not as severe in magnitude as Kenya. He noted that electoral violence was usually triggered by the refusal of political leaders to adhere to lay down rules and at times electoral commissions favouring other political partners. He stressed the need for all
Workshop A:Layout 1 22/12/2010 09:10 Page 317
WORKSHOP A PEACE BUILDING
political leaders to work together and trust one another. Hon. Kim Sin Lee, (Selangor) sought to know how Parliaments could punish executive arms of government which failed to implement recommendations made by commissions, and suggested that Parliamentarians should play a key role in empowering the people. Hon. Dr. Abdi Rani Osman, MP, (Malaysia) observed that in Malaysia there were very diverse religions, skin colour, race and languages; and wondered what main issues triggered the election violence in Kenya given great homogeinity in our socio-cultural attributes, and sought to know what measures were being taken to avert such conflicts. Mr John Dallat, MLA, (North Ireland) sought to know what measures had been taken to ensure sustainability of peace after the strife. Mr Pradip Amat, MLA, (Orissa)
pointed out that the essence of political struggle was to capture power and once that had been achieved, keeping sustainable peace within the borders became paramount, and Parliaments had to compel the leaders to respect that. Prof. Wanyande stressed that Parliament had many powerful options to use including summoning the executive to explain its position or even passing a vote of no confidence. In response to what triggered the violence, he pointed out that the past history of unfulfilled promises made by nationalists contributed to dissolutionment. Immediately after elections, focus shifted to consolidation of power and accumulation of wealth; and promises were not delivered. He expressed optimism that Kenya’s new constitution would address most of the historical injustices and unequal distribution of resources among others. Prof. Muigai further observed
Opposite page: Hon. James Orengo, MP, Minister of Lands, Kenya; Above: Prof. Peter Wanyande, Kenya (left) and Prof. Githu Muigai, Kenya (right). that the main dilemma was caused by the struggle to live within the assumptions of the State and work towards achieving nationhood; noting that in Rwanda and Somalia, which are more integrated in terms of socio-cultural characteristics, violence still broke out. Hon. Lulama Smuts Ngonyama, MP, (South Africa) asked whether external forces played any role and wanted to know what socioeconomic challenges were faced in addressing class rivalry and integration. Hon. Ashworth Jack, MP, (Trinidad and Tobago) commented that the even distribution of resources in spite of tribe would help in reducing the huge economic divide which depicted
extreme affluence and poverty in Kenya. Hon. Charles Olery, MP, (Uganda) asked on what determined the credibility of election outcomes and whether any research had been done on the political culture of competitors; and sought to know what advice could be drawn on national interest and who defines it. Hon. Skwatsha, MP, (Western Cape) inquired whether the influence of the former colonizers skewed the Kriegler and Waki Commission recommendations and questioned whether overhauling the police force and persecution of the perpetrators were wise in the African context. Hon. Sephiri Motanyane, MP, (Lesotho) wanted to know what measures had been put in place to counteract the recurrence of such conflicts in future. Prof. Muigai and Wanyande admitted that the question of economic divide was at the heart of the conflict. Conditioning the political class to accept a professionalized electoral process remained a challenge. There was a perception that ECK was partisan. Hon. Carol Nalule, MP, (Uganda) and Hon. Mntomuhle Khawula, MPL, (Kwazulu-Natal) concurred that their concerns on post-election violence had already been addressed by previous speakers. Hon. Wynter Mmolotsi, MP, (Botswana) commented that mutilation of the constitution compounded discontent that eventually triggered violence. Hon. Mwaanga Vernon Johnson, MP, (Zambia) observed that conflicts originated from bad constitutions and electoral laws, and inquired to know what role Kenya’s constitution had played. In conclusion, optimism was expressed that the recently promulgated constitution would address electoral malpractices and that Parliament would re-enact laws, and draw from best practices in the Commonwealth and beyond.
The Parliamentarian | 2010: Issue Four | 317
Workshop B:Layout 1 22/12/2010 11:46 Page 318
WORKSHOP B DISASTER MANAGEMENT 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Workshop B - 17 September 2010
THE ROLE OF PARLIAMENTARIANS IN NATURAL DISASTER MANAGEMENT Moderator Ms Janet Ryder, AM, Wales, United Kingdom Discussion Leaders Hon. Dr Clarice ModesteCurwen, MHR, Grenada; Hon. Tolofuaivalelei Leiataua, MP, Samoa Speaker of the Legislative Assembly; Mr. Khushdil Khan, MPA, Khyber Pakhtunkhwa, Pakistan Deputy Speaker of the Provincial Assembly; Dr Pedro Basabe, Head, United Nations International Strategy for Disaster Reduction Regional Office for Africa; Smt. Harsimat Kaur Badal, MP, India.
Summary Commonwealth Parliamentarians must ensure that governments cooperate to learn from past mistakes, both in disaster management policies and practices and in environmental policies, to ensure the catastrophic effects of natural disasters are minimized rather than exacerbated. Parliamentarians were urged to help educate the people and to pass effective legislation to check the unlawful damage people do to themselves and the environment, damage that makes the effects of natural disasters worse. They should work together to share ideas to identify the best solutions. Pakistan, for example, has constituted a Special Committee on Disaster Management to frame laws not only to fix responsibilities but also to suggest genuine actions to reduce the effects of disasters by improving response times and increasing assistance. Unlike the response to the 2004 Indian Ocean tsunami, the workshop was told that countries took longer to respond to the
318 | The Parliamentarian | 2010: Issue Four
flooding in Pakistan. Parliaments must use their democratic platform to rise above sovereign suspicions to address natural disasters. Deforestation and other related examples of environmental negligence must be stopped to help save the environment and check the disasters. Parliamentarians can help people to understand the grave consequences of environmental degradation. While countries have disaster management plans and policies in place, the session noted that preparedness levels can be very low. It was agreed that countries need to move from policies to implementation and action to address disasters effectively. In addition to mainstreaming disaster management in development planning, it is prudent that countries emulate best practices and draw lessons from those states that have suffered catastrophic disasters in recent history. Parliaments were singled out as the best avenue to engage in high-
Panellist Hon. Dr Clarice Modeste-Curwen (second right) addressing delegates at the workshop.
level advocacy to press for government actions. At the same time, Parliaments need to sustain linkages and networks, and participate in global platforms to address issues. Noting that climate change and human activity have played a significant role in disasters, participants recommended that the CPA should have an on-going programme on climate change and disaster management. Report Mr Khushdil Khan spoke about people’s complacency when dealing with natural disasters, and stressed that such attitudes only added to the fiasco further complicating the issue related to the disaster. He argued that Parliamentarians could not merely be observers in the event of earthquakes, floods and epidemics as it affected everyone but particularly those most vulnerable in society. Mr Khan argued that it was now or never for Parliamentarians to act and increase efforts to educate
Workshop B:Layout 1 22/12/2010 11:46 Page 319
WORKSHOP B DISASTER MANAGEMENT
people as well as implement useful legislation to monitor the possible unlawful damage people did to the environment that not only changed the climate but also caused disorder to the pattern of nature and its course. He told delegates that a Special Committee on Disaster Management in Pakistan had recently been constituted and a sub-committee was also being formulated to frame the by-laws for the committee to not only fix responsibilities but also to suggest genuine actions needed to reduce the effects of disasters by curtailing the turnaround time. He spoke about the recent flooding in Pakistan, which he quoted as the worst in the country’s history. Mr Khan said that millions of people had been uprooted, thousands of people had died, farms and crops had been destroyed, and the progress Pakistan had made in the last 70 years – particularly with regard to its infrastructure – had been reduced to rubble in 48 hours. He encouraged delegates to spread the message of bringing awareness to the people of protecting embankments, combating the ill effects of greenhouse gases, end deforestation, bring about legislation that would discourage
people from damaging the environment and lay down a strategy regarding what could be done in the shortest possible time in the event of a disaster. Steps like relief evacuation, immediate support, medication and rehabilitation needed to be put in place so that relief work adhered to statistics and plan rather than haphazardly carried out as a futile exercise with little or no effect. Mr Khan encouraged his colleagues to work hand in hand to think and work very seriously towards finding a solution to reduce the effect of natural disasters. Before beginning her presentation, the second discussion leader, Dr Clarice Modeste-Curwen, passed her condolence on to the people of Pakistan and stressed for the world community to realize that it was not the first or the last time that a country like Pakistan would be hit hard by flood or related disasters. She stressed that we had to learn from our past experiences and recent famines due to natural calamities. She suggested that deforestation and other related social negligence had to be stopped to help save the environment. Dr Modeste-Curwen
held people equally responsible for not understanding the grave situation due to their own mistakes and carelessness. She stressed that we had made ourselves vulnerable to such mishaps. She cited the example of the poor management of the earthquake in Haiti but praised the Cuba model of disaster management. She informed and appreciated how Cuba had managed to keep up the hopes of the nation when faced with a disaster, but Haiti – a country that had been frequented by hurricanes of different levels – had not learnt its lesson. Dr Pedro Basabe gave a comprehensive account of his organization’s attempts towards addressing disaster management. He stated that the recent events in Pakistan were an eye opener for everyone to learn from such examples and become better prepared for the future. Dr Basabe urged delegates to see what had been learnt and what could be done in the future. Albeit a bit late, nevertheless, he argued that delegates needed to gather their strengths to combat the disasters in a more organized fashion. He put forward an invitation to the delegates and officials of this workshop to keep in touch with his organization for orientations and workshops on this topic. He added that there were a series of workshops and conferences under the auspices of the UN, plus several meetings in Geneva on the same topic. He encouraged delegates to attend and share their findings and what they had learnt with CPA Member nations. The Speaker of Madhya Pradesh Legislative Assembly, Shri Ishwar Das Rohani, MLA, questioned the role of Parliamentarians towards the preparation for managing disasters. He said that although we could not totally eliminate disasters, we could still reduce its devastation to
a greater extent. He reiterated that a Parliamentarian’s first and foremost duty was to look after the wellbeing of their constituency in and outside the Parliament. He added that the policies and programmes of the Parliamentarians would always focus on the legislation related to placing an embankment between the potential disasters and its precautions. Hon. Shri Dharam Lal Kaushik, Speaker of the Chattisgarh Legislative Assembly, informed the group that India had always been vulnerable to natural disasters like floods, droughts, cyclones, earthquakes and landslides. The earthquake in 1993, the super cyclone in Orissa in 1999, the earthquake in Gujarat Bhuj, and the Tsunami in the southern part of India in 2004 all resulted in hundreds of deaths, injuries, damage of infrastructure and assets causing substantial economic losses. He informed delegates that the UN had declared the last decade of the 20th Century as the International Decade for Disaster Reduction (IDNDR) and initiated several strategies to strengthen preparedness among the disaster prone nationals. In 1999, Shri Kaushik told how the government of India had set up a high powered committee to develop a disaster management plan at the national, state and district level. This Bill had unanimously been adopted by both Houses of Parliament. At the end of the workshop, the moderator invited the delegates for questions to the discussion leaders. Delegates from Indian Branches, Jersey, South Africa and the United Kingdom asked questions related to the subject matter. All of the three discussion leaders explained and replied each question to the satisfaction of the delegates and observers for their information.
The Parliamentarian | 2010: Issue Four | 319
Workshop C:Layout 1 22/12/2010 11:56 Page 320
WORKSHOP C ENERGY AND ENVIRONMENT 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Workshop C - 17 September 2010
ENERGY AND ENVIRONMENT: ACHIEVING SUSTAINABLE DEVELOPMENT Moderator: Hon. John Pandazopoulos, MLA, Victoria Discussion Leaders: Mrs Genia Leskiw, MLA, Alberta; Shri Harin Pathak, MP, India; Dr Habiba Gitay, World Bank Institute; Mr Graham Banton, Commonwealth Secretariat.
Summary The main focus of the discussion was on seeking solutions on how to better balance environmental management and protection with energy and resource development. As global citizens, there is a collective role all must play – and a responsibility all must assume – in protecting the environment not just for today, but for future generations as well. Some countries do not proceed with development at the expense of the environment, so the demand for energy can be met in a way that respects and maintains the natural environment. The safety of the land, air and water is paramount. In some countries, environmental features such as forests, wetlands and agricultural lands contribute a large percentage of gross domestic product through exports and tourism; their health is essential for sustainable development. Strict reclamation standards and financial guarantees are used so companies restore all land so it can be productive again. While climate change is a
320 | The Parliamentarian | 2010: Issue Four
serious environmental problem, scientific evidence has confirmed that it is a consequence of reckless human economic activities such as burning fossil fuels. The workshop was told that fossil fuel burning has contributed significantly to the production of ozone-depleting substances which have led to global warming and unsustainable use of the environment. The workshop said climate change has changed the world by causing, among others: • • • • • • • • •
The loss of crops, Declining productivity, Reduced food security, Increased water scarcity, Increased challenges to energy access, Risk to poverty alleviation, Inability to produce some valued crops, Loss of houses in flood-prone areas and The increase of diseases like malaria.
The Commonwealth must develop strategies on sustainable energy technologies and also the
adaptations necessary to bring them into smaller jurisdictions to create a healthy population and enhance the quality of life for all. Report Sir (Professor) So-ngo Clifford Teme, an invited speaker, stated that according to the Brundtland Commission, sustainable development was one that met the needs of the present without compromising the ability of future generations to meet their own needs. Balancing environment and energy was an important global issue and as global citizens, we all had a role and responsibility to play in protecting the environment not just for today but for future generations as well. He also highlighted that energy, according to the UNDP was central to sustainable development and poverty reduction efforts. It affected all aspects of development; social, economic and environmental, including livelihoods access to water, health and agriculture. None of the Millennium Development Goals (MDGs) could be met without major
Workshop C:Layout 1 22/12/2010 11:56 Page 321
WORKSHOP C ENERGY AND ENVIRONMENT
Discussion leader Dr Habiba Gitay (left), Moderator of the workshop, Hon. John Pandazopoulos, MLA, Victoria (centre) and Shri Harin Pathak,, MP, India (right).
improvements in the quality and quantity of energy services in developing countries. Access to energy, which was adequate, affordable, and reliable and secure, was also discussed as being fundamental for achieving sustainable development, hence, there is a clear connection between energy and sustainable development. Shri Harin Pathak, MP, India, said that climate change was a serious environmental problem facing the world today and scientific evidence showed that it was a consequence of reckless human economic activities involving the burning of fossil fuels resulting into global warming. It was time for the international community to find effective methods of reducing the emission of greenhouse gases (GHGs) in order to reduce their concentration in the atmosphere and stabilize global warming. Developing countries were mentioned to have the burden of poverty and socio-economic underdevelopment and with the responsibility of poverty alleviation and economic development to raise the standard of living, the emission level of developing countries was
bound to rise. This could however change by strategizing development efforts to consume less energy options and clean technology. He also reported that an important component of the strategy for clean development at the international level was said to be the Clean Development Mechanism (CDM) under the Kyoto Protocol that created a viable way of financing renewable energy projects. Dr Habiba Gitay, World Bank Institute, (WBI) stated that developed countries were currently responsible for approximately two thirds of energy-related carbon dioxide emissions and estimates showed that developing countries would bear the brunt of 75 to 80 per cent of climate change related costs in terms of the impacts of climate change and the need to adapt and manage the consequences. There was general consensus that research, development, demonstration and deployment of energy technology was vital for both reducing GHGs in the atmosphere as well as achieving sustainable, affordable, and secure energy supply for development.
It was noted to be unfair to force the developing countries to undertake emission reduction commitments without adequate financial resources and other forms of assistance in the form of technology. Parliamentarians suggested that developed countries can however offset some of their clean technologies in developing countries which can contribute towards economic development without any risk of increased GHG emission. She emphasized that Parliament played a significant role in ensuring the executive was held accountable for the funding and technology received for climate change and especially that for energy and environment. Parliament could help ensure that the funding received focused on sustainable development and poverty alleviation. Parliament could promote the existence of a competitive supply of low-carbon technologies with substitution away from highercarbon alternatives in both production and consumption. Effective policies and faster technology deployment could substantially reduce energy demands and emissions.
Government support through financial contributions, tax credits, standards setting, and marketing creation was important for effective technology innovation and development. Parliaments could use their oversight, legislative and representative functions to implement effective regulations, financial incentives and institutional reforms that promoted energy efficiency, alternative fuel sources and low-carbon growth. In May 2010, MPs from sub-Saharan Africa participated in a study group on Parliament and climate change hosted by the CPA and WBI where they issued a set of recommendations to consider as they engaged in climate change related activities. Dr Gitay pointed out that the Global Legislators Organization for a Balanced Environment (GLOBE) adopted a report of the GLOBE Copenhagen legislators’ forum and GLOBE’s international Commission on Climate and Energy Security presented at COP15 which advocated for the value of legislators in participating and guiding climate change negotiations, frameworks, and low carbon economies.
The Parliamentarian | 2010: Issue Four | 321
Workshop D:Layout 1 22/12/2010 09:17 Page 322
WORKSHOP D ACCOUNTABILITY
56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Workshop D - 17 September 2010
PARLIAMENT, ACCOUNTABILITY AND THE ROLE OF INTERNET GOVERNANCE IN STRENGTHENING OVERSIGHT Moderator: Hon. Mninwa Johannes Mahlangu, MP, South Africa, Chairperson, National Council of Provinces. Discussion Leaders: Baroness Thornton, United Kingdom; Hon. Rudrawatee Nan Gosine-Ramgoolam, MP, Trinidad & Tobago; Ms Mary O’Hagan, Senior Country Director, National Democratic Institute; Mr Mitchell O’Brien, Parliamentary Strengthening Programme, World Bank Institute.
Summary The delegates attending this Workshop argued that the CPA ought to ensure that information communication technology is embraced by all member states. This ought to be done by including aspects of information access as a benchmark of the Association. The workshop heard of the World Bank’s governance and anticorruption strategy of March 2007 and the key pillars of the strategy. The Workshop also discussed the impact of the internet on society. Parliamentarians were urged to embrace the use of information technology to enhance parliamentary oversight. While the need to have access to information was applauded and the importance of the internet stressed, delegates cautioned that there is a particular need to keep children safe when they use the internet. Most speakers emphasized the
322 | The Parliamentarian | 2010: Issue Four
importance of information technology as a means to enhance transparency and act as a deterrent to corruption. Speakers in the Workshop also discussed the challenges of use of the internet in overseeing policies and programmes related to poverty, infrastructure issues, age and low access. Report On governance and corruption, the participants were informed that the principal purpose of the World Bank’s engagement on governance and anti-corruption was to support poverty reduction. Parliamentarians were aware that the behavior of the state and that of other key stakeholder shaped the quality of governance and impacted development outcomes. The workshop asserted that excessive regulation increased the cost of doing business and
provided opportunities for corruption. Reforms that clarified the role of the state, reduced excessive regulatory burden, and promoted competition could result in stronger firms, more jobs, and better public services. It was noted that Parliament could not call for the public service to account or enforce parliamentary recommendations without transparency and information access. These two were said to be the greatest tools for parliamentary accountability. Participants appreciated the tremendous impact the internet had had on the society in the last 20 years wherein large-scale scientific research network had been transformed into a global communications platform. Since then, governments had found themselves challenged with a host of public policy issues, ranging
Workshop D:Layout 1 22/12/2010 09:17 Page 323
WORKSHOP D ACCOUNTABILITY
from finding ways to ensure their own citizens can fully benefit from the internet’s potential, to dealing with inappropriate or illegal content, as well as the need for appropriate consumer protection measures and addressing problems of jurisdiction in an increasingly globalized online world. Participants also noted that in most Parliaments, internet usage and penetration was relatively high, especially in developed countries, that it had become a critical resource, where any serious disruption in service could have potentially catastrophic effects on society and the economy. The workshop heard that the 21st Century had witnessed a virtual digital revolution. This allowed for the strengthening of the role of Parliaments in ensuring government accountability, given
the fact that, traditionally the workings of many Parliaments had evolved from being shrouded in secrecy. The increasing development and utilization of the internet had led to the need for ‘’internet governance’’ and had made this matter worthy of serious consideration by Legislatures as they sought to maintain acceptable levels of accountability in the operations of their governments. This was according to Sen. the Hon. Rudrawatee Nan GosineRamgoolam, MP (Trinidad & Tobago). The speaker also observed that transparency, intertwined with accountability and scrutiny, acted as a means of establishing trust in government institutions. This, she said, could be achieved through the role played by Parliaments in the budget processes, the use of the parliamentary committees systems
and the involvement of the media in covering parliamentary proceedings. Mrs Rudrawatee recalled that Trinidad & Tobago had recently witnessed an appointment of a series of commissions of enquiry into several areas of public interest where claims of corruption were made. All of these were accessible through various media and the internet. Participants were however cautious of the various public policy issues which related to internet governance such as cyber crime, network security, information and communication technology applications, media, and ICT infrastructure. Within this context, transparency remained a critical issue as ‘’internet governance’’ also depended on the management of the telecommunications industry. In this regard, the delegates
Discussion leader Baroness Thornton speaking at Workshop D, with the other speakers looking on.
recalled that following the World Summit on the information society, the Internet Governance Forum was developed in 2006. The Forum, developed by the UN, created innovative opportunities for cooperation amongst stakeholders. At the same time, while applauding the need to have access to information and the importance of the internet, Baroness Thornton (United Kingdom), cautioned that “there is a need to keep our children safe at the internet”. Participants shared the experience of the Caribbean Internet Governance Policy which
The Parliamentarian | 2010: Issue Four | 323
Workshop D:Layout 1 22/12/2010 09:19 Page 324
WORKSHOP D ACCOUNTABILITY
This page: Moderator Hon. Mninwa Johannes Mahlangu, MP, (left) and Discussion Leader Mr Mitchell O’Brien; Right: The top table at Workshop D.
engaged stakeholders in the development of policies and structures for internet governance and presented a new environment for sustainable social and economic development as the region was faced with increasing crime, migration of human capital and economic losses. Baroness Thornton also identified five areas where ICT could enhance efficiency and representation. They included: conveniently increasing access to Parliament and MPs by the public; enhanced professionalism of Members; increased public participation; opening up parliamentary proceedings; and increased transparency and network with other institutions for ICT developments. She also informed the participants that in the U.K., studies showed that there
was a contrast between the upsurge of the internet and its usage and the interest in and knowledge of political
“...the workshop noted that even developed countries had tapped less than 20 per cent of their internet-use potential.“ representation. Interest was more prevalent among voters rather than non-voters. Persons were more likely to visit the Parliament website, rather than the actual
324 | The Parliamentarian | 2010: Issue Four
Parliament building. ICT use had led to the increased utilization of video-conferencing, online discussions, in order to provide a platform for constant dialogue and for the preparation and effective management of legislative documents and archives of Parliament. The introduction of software, building of databases, the maintenance of parliamentary websites and channels, all allowed for access to information thereby improving accountability. She concluded that internet governance was a predominant form of governance in the 21st Century and could not be overlooked. Hon. Sriyani Wijewickrama, MP, (Sri Lanka) said that the internet governance should be multilateral, transparent and democratic with the full and balanced involvements
of governments, private sector, civil society and international organizations. She added that the openness and dynamics of concept, was the development and application by governments, private sector, and civil society, the programmes that shaped the evolution and use of the internet. She also argued that arbitrary decisions, inaction, and lethargy of public servants were major impediments to the growth of internet governance. Mrs Wijewickrama detailed some major drawbacks like the global digital divide including cultural differences, illiteracy, and language barriers which had negative effects. In this regard, the workshop noted that even developed countries had tapped less than 20 per cent of their internet-use potential. In
Workshop D:Layout 1 22/12/2010 09:20 Page 325
WORKSHOP D ACCOUNTABILITY
developing countries, the use of electronic methods was at a low level. Ninety per cent of internet users were living in OECD countries and more than half of the internet users worldwide were from the United States. Asia accounted for 17 per cent of all internet users, South America two per cent and Africa 0.7 per cent mainly due to high poverty levels, the lack of access to computers and information technology, poor telecommunication systems and high cost of internet usage. Hon. Wee Choo Keong, MP, (Malaysia), Deputy Leon Roy Gallienne (Guernsey) and Hon. Osei Kyei-Mensah-Bonsu, MP, (Ghana) cautioned that without upholding the principles of accuracy, responsible reporting and respect for privacy, the use of internet alone would result to
naught. Mr Keong was aware that “freedom of speech should not be separated from freedom not to be defamed”, and Hon. Osei noted that internet blogs had been used to slander private citizens and public officials. Hon. Dr JeanPierre Farrugia, MP, (Malta) told delegates how elderly people felt neglected due to over-reliance on the internet. At the same time, Ms Wangui Kaniaru (Online Media) asked Parliamentarians to set a convectional timeline for effective access to information and to endeavour to embrace a universally acceptable benchmark for management of information access. Hon. Fikile De Villiers Xasa (Eastern Cape, South Africa) gave an example of how the e-petitions system had enhanced effectiveness in the petitioning
system in South Africa. Hon. Mrs. Nalumango Mutale Witner, MP, (Zambia) underscored the importance of e-government in enhancing transparency and exposing corruption. Further, Shri Moinul Hassan Ahmed (India) added that “for democracy to be seen, transparency is the key”. He persuaded participants to make efforts to attend all ACP member states frontrunners in egovernance, e-learning, and ecommence. Participants were encouraged to ensure that their respective Parliaments were “ICT compliant” where the public could access information on Acts, Bills, Hansard and information on workings of Parliament. A real time broadcast of parliamentary proceedings including those of committee meetings was also advised.
Discussion leaders urged Parliaments to enhance internet governance by ways of strengthening training facilities, establishing internet outlets, allocating more funds to the ICT sector and strengthening laws on internet freedom and privacy. At the end of the workshop, participants agreed that individual Parliaments and the CPA should play a key role in promoting the use of information technology, including e-government. This should begin with ending the code of secrecy and enhancing transparency. It was also agreed that there was a need to enact relevant laws to cyber crime and ICT related crimes. Participants also urged the CPA to include information access as one of benchmarks of the Association.
The Parliamentarian | 2010: Issue Four | 325
Workshop E:Layout 1 22/12/2010 09:24 Page 326
WORKSHOP E - LOCAL DEVELOPMENT
56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Workshop E - 17 September 2010
THE ROLE OF PARLIAMENTARIANS IN FACILITATING GRASSROOTS PROJECTS Moderator: Hon. David Were, MP, Kenya; Discussion Leaders: Mrs Natalie Headley, MP, Jamaica; Dr Mark Baskin, Research Professor of Political Science & Senior Associate, Centre for International Development, State University of New York; Mr Steve Lee, Chief Technical Advisor, Deepening Democracy Project, Tanzania, United Nations Development Programme.
Summary Participants hailed the role played by Parliamentarians in facilitating grassroots projects. They urged the Commonwealth Parliamentary Association to publish information on the best practices in the use of constituency development funds in various countries. It should share knowledge to create Benchmarks on the subject. The need to entrench full public participation and probity were seen as key to the success of grassroots projects. The workshop also discussed the challenges related to the effectiveness and sustainability of grassroots projects, including the questions of accountability and transparency, efficiency, equity, co-ordination and institutionalization of these projects. The challenges were not seen as insurmountable. Participants argued that, although grassroots projects may
326 | The Parliamentarian | 2010: Issue Four
be seen as political tools and may be unpopular with some aid donors, their significance in creating equity amongst all Members of Parliament in representation was enormous. Report Mrs Natalie Headley, MP, (Jamaica) stated that the Constituency Development Fund was introduced in Jamaica in February 2008. The underlying philosophy was that national development began at the community/constituency level through effective representation by elected officials and the integral involvement of community members in the decision making process. She added that in Jamaica, the fund was financed from the national budget to provide Members of Parliament with a designated funding mechanism to carry out development projects in
their constituencies. She noted each MP was allocated an amount equivalent to US$ 450,000 in the first year, an amount which was reduced by 50 per cent in the following year. Mrs Headley observed that under the Constituent Development Fund (CDF) every Member was required: (a) To conceprualize a five-year development plan for his or her respective constituency, keeping in mind that these should bear relationship to national policies and programmes; (b) To develop plans, after consultations with constituents, comprising projects from specified eligible categories to be undertaken on a year to year basis such as development, rehabilitation and maintenance of small
Workshop E:Layout 1 22/12/2010 09:25 Page 327
WORKSHOP E - LOCAL DEVELOPMENT
scale community development (physical and social infrastructure), economic enablement welfare and emergency needs and social housing. (c) To work with assigned staff through the CDF programme management unit within the office of the Prime Minister in ensuring proper monitoring and evaluation and reporting of projects being undertaken under the fund in order to ensure transparency, probity and a quarantee that tax payers money is effectively and efficiently expended. (d) Obtain the approval of a bipartisan parliamentary committee for projects submitted through the Project Management Unit.
Mrs Headley noted that whereas CDF had become a tool of decentralized development and an increasingly popular vehicle for politically centred development that sought to build relationships between local and central stakeholders, and between stakeholders in government institutions and those in civil societies, there was a need to put in place transparency, accountability and oversight mechanisms in order to ensure that value for money was achieved in implementation of projects. Hon. David Were, MP, (Kenya) gave an account of the operations of the CDF established in 2003. He stated that in Kenya the main purpose of the CDF was to take development projects to citizens at grassroots level within the shortest
time possible, in order to alleviate poverty. The fund was managed both at national and grassroots level. This was equally the case in Jamaica. Mr Were added that in Kenya, diverse projects through CDF had been implemented in areas such as modern clinics and police stations, educational infrastructure including modern colleges, school laboratories and classrooms, libraries and workshops including purchases of facilities and equipment, poverty eradication projects such as the establishment of fish ponds and irrigation schemes. Others included the reduction of literacy levels by establishing bursary kitty for the bright but poorer students, environmental conservation projects such as the erection of
Discussion leaders Hon. David Were, MP, (left) and Mr Steve Lee (right).
dykes and tree planting programmes. The legislator observed that in the implementation of the CDF programmes, a number of challenges had emerged which called for new thinking. He observed that institutions for decision making were weak and mechanisms to ensure transparency and accountability were under-developed. There were also concerns as to whether the projects funded from the CDF were consistent with national development priorities and goals including focusing on Millennium Development Goals.
The Parliamentarian | 2010: Issue Four | 327
Workshop E:Layout 1 22/12/2010 09:26 Page 328
WORKSHOP E - LOCAL DEVELOPMENT
Delegates at the wokshop;
There were divergent views on whether Parliamentarians who lost their seats during the period of the existence of CDF was as a result of perceptions of proper utilization or not of the funds. Speakers agreed however that it was difficult to conclude that CDF was a major factor in the evaluation of the performance of a Member of Parliament in view of the pervasive nature of politics but acknowledged that it was a risk factor. Mr Mark Baskin, SUNY/CID Senior Associate, speaking at the workshop said that CDF existed in different jurisdictions and came under different names such as CDF, EDF, Slush Fund, MPLAD, CDG, Earmark, Member Item and Pork. He added that CDF was variously defined as Distributive,
“They could be seen as purely political tools for re-election of MPs, not for the development or good governance.”
•
•
•
• Divisible, Omnibus, Super-Majority or Politically Driven Development against Tyranny of Planning and Ineffective Executive Agencies and De-Concentration of Power from the Executive. Mr Baskin observed that several questions arose about CDF which included:
328 | The Parliamentarian | 2010: Issue Four
What is the purpose of CDFs: Poverty Alleviation, Decentralization, Participatory Policy Making? Do Policy and Financial Authority Undergo Devolution/Decentralization or are there “Unfunded Mandates” and “Fiscal Illusion”? Which Elements are Essential to a CDF: Constituencies, Parliaments, MPs? Why first Past the Post, Majority Electoral Systems?
To conclude Mr Baskin observed that there were challenges facing CDFs, some of which included accountability and transparency, efficiency, equity, representation, coordination and institutionalization.
Mr Steve Lee, a senior governance advisor with the UNDP in Tanzania , said that according to the survey work presented at the December 2009 workshop by the Centre for International Development, SUNY, New York, constituency development funds were used by Commonwealth country MPs on several continents. These included India (Federal and States), Solomon Islands, Ghana, Kenya, Tanzania (new) and Uganda. A version appeared to exist in Malaysia, Pakistan, Malawi, Zambia and Rwanda. He said that some argued the USA Congress used the budget “ear mark” as CDFs. He added that CFDs were increasingly used by Parliaments (MPs) to address grassroots projects, and were becoming
Workshop E:Layout 1 22/12/2010 09:27 Page 329
WORKSHOP E - LOCAL DEVELOPMENT
increasingly important. They seemed to fill a gap in existing political-admin systems (that were seen by some as too “central” and bureaucratic/out-of-touch). Use of CDFs could build relationships local-centre Parliament and government. In Africa they seemed to fit the traditions and nature of constituency politics: citizen demands for constituency services and MP delivery. However according to the SUNY studies, to date CDFs were seen as highly open to misuse and corruption, they could undermine local administration and priorities. CDFs shifted the role of MP from representative and legislator to financially based goods/service provider.
They were however criticized by some citizens and NGOs for being non-transparent and noninclusive (decisions) and thus undermined the credibility of Parliaments. They could be seen as purely political tools for reelection of MPs, not for the development or good governance. Constituency Development Funds were unpopular with bilateral aid donors (who preferred central government institutions and processes: transparency, accountability, rational, predictable – and open to donor influence/conditions of aid). Mr Lee stated that there were a number of questions arising out of CDFs. These included:
•
•
•
Are CDFs the answer for MPs to facilitate grassroots projects? What do MPs do when there are no CDFs? (are they at the mercy/by the grace of Ministers and Departments “including” them in community development projects and credit and is this reserved/favoured for govt. MPs only?) Can the idea of CFDs and the design of implementation be improved to address the concerns and opportunities for abuse?
Mrs Beatrice Shellukindo, MP, (Tanzania) decried the lack of support for CDFs by donors and said that this was a major constraint facing Parliamentarians
Above: Hon. Juliana O’Connor’Connelly, MLA, of the Cayman Islands, (left) and Mr Mark Baskin (right).
in their quest to empower the people. She proposed that Parliamentarians with special seats should be involved in the administration of CDFs as they too had constituencies that they represented. Senator Embau Moheni, (Trinidad and Tobago) was concerned that there was less participation and involvement of communities and urged that there was a need to enhance the same. He added that MPs should increase bottom up initiatives in the implementation of CDF programmes.
The Parliamentarian | 2010: Issue Four | 329
Workshop F:Layout 1 22/12/2010 09:29 Page 330
WORKSHOP F MIGRANT WORKERS
56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Workshop F - 17 September 2010
THE ROLE OF PARLIAMENTARIANS IN THE PROTECTION OF MIGRANT WORKERS Moderator: Hon. Amina Abdalla, MP, Kenya Discussion Leaders: Hon. Mahinda Samarasinghe, MP, Sri Lanka; Hon. Mrs Nomaindia Mfeketo, MP, South Africa; Hon. Datuk S.K. Devamany, MP, Malaysia; Ms Caroline Nalule, Commonwealth Human Rights Initiative Coordinator, Africa Office.
Summary The participants discussed the issue of migrant workers with a focus on respect for their human rights as it was noted that most are exploited and discriminated against. The primary role of Parliamentarians is to legislate, so they should enact anti-trafficking laws that impose heavy sanctions against human trafficking and protect migrant workers and all citizens. They must amend outdated laws to ensure the human rights of migrant workers are not violated. Additionally, Parliamentarians were urged to initiate education against negative behaviour and hostility such as racism or xenophobia directed at migrant workers. Governments were called upon to ratify international conventions and treaties that protect migrant workers; but Parliamentarians have an ongoing oversight role to ensure the ratified conventions are incorporated into domesticate law, implemented and enforced. Countries also were encouraged to view migration positively and have
330 | The Parliamentarian | 2010: Issue Four
flexible laws that seek to streamline migration flows. Noting that bilateral and multilateral relations or regional caucuses on migrant workers are important, Parliamentarians must foster these partnerships. Participants noted it is common that refugees from neighbouring war-torn countries become migrant workers in the countries where they seek asylum; as such, Parliamentarians must maintain peace and stability in their own countries. The Commonwealth should develop principles and guidelines on migrant workers that all Commonwealth countries will be expected to respect. Dual citizenship, which has led to an increase of migrant workers, can prove to be a challenge and should be dealt with on a countryto-country basis. Parliamentarians must focus on tackling challenges such as unemployment, low education levels, poverty and increased rural-to-urban migration that cause workers to move in search for better conditions. Parliamentarians have the
ultimate responsibility of protecting both legal and illegal migrant workers from exploitation and the violation of their human rights. Migration must no longer be regarded only as an issue of economics; it is a human rights issue as well. Hon. Mahinda Samarasinghe, MP, (Sri Lanka) commenced the discussions by stating that the subject of migrant workers was very close to many people’s hearts and governments. He informed the participants that over one million Sri Lankan
Workshop F:Layout 1 22/12/2010 09:29 Page 331
WORKSHOP F MIGRANT WORKERS
nationals were working abroad and governed under Sri Lanka’s Bureau of Foreign Employment which was the main regulatory body for foreign employment. The Bureau covers pre-departure, postdeparture and re-integration stages of the Sri Lankan migrant workers and imposed conditions whereby the service contracts of the migrant workers were authorized by missions abroad.
Moderator Hon. Amina Abdalla, MP, President of the Commonwealth Women Parliamentarians.
Report He stated that the prime role of Parliamentarians was legislation and they had to enact laws that impacted on migrant workers and provided them with better standards given their significant contribution to the economy. There should be continuous dialogue and Memoranda of Understanding between the governments of labour absorbing countries and labour exporting countries to enhance the protection of migrant workers and improve their welfare. Parliamentarians should pursue accountability by their governments to sign and ratify the various conventions on labour and migrant workers and formulate sound labour policies. Regional consultations focusing on migrant workers would further enhance cooperation between labour exporting and absorbing countries. Hon. Dato S.K. Devamany (Malaysia) noted that due to technological development, migrant workers’ issues had become global and were yardsticks in the development agenda of nations. The management of migrant population was therefore necessary in any nation and their human rights should be respected. Governments should ratify resolutions related to migrant workers while the parliamentary committees should focus on issues of migrant workers to ensure human rights are respected. Parliamentarians had to be be at the forefront in reducing antimigrant backlash problems and The Parliamentarian | 2010: Issue Four | 331
Workshop F:Layout 1 22/12/2010 09:30 Page 332
WORKSHOP F MIGRANT WORKERS
Left to right: Hon. Amina Abdalla, MP, Ms Kashmala Tariq, MNA, Hon. Dancia Penn, QC, MHA, Mdm Fatima Houda Pepin, MNA, and Hon. Prof. Margaret Kamar, MP.
promote inclusiveness of the minority and poor. Governments were focusing on economic growth and therefore had to handle unskilled workers and migrants in all the sectors in a respectful manner and ensure migrant workers were regularly trained. A comprehensive review of migrant workers’ laws was essential for Parliamentarians together with the formation of regional caucuses with other nations on how to handle migration issues. Bilateral and multi-lateral relationships would provide common guidelines and understanding of handling migrant workers. Parliamentarians had to utilize technology to engage with the youth who were most affected and they had to remember they were under constant evaluation by human rights organizations thus their main focus should be
protecting the rights of migrant workers and all citizens. Hon. Mrs Nomaindia Mfeketo, MP, (South Africa) highlighted the importance of protecting migrant workers and the international legal framework such as the 1990 International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (ICRMW) among others. Many people were living outside their countries in search of employment or escaping from war or internal strife. Due to shortage of skills, countries developed MOUs to borrow labour from each other. Developed countries had effective migrant management systems with proper records of the migrant workers. However, most developing countries had highly skilled unregistered workers and asylum seekers but no migration laws. Parliamentarians therefore had to enact laws that protected
332 | The Parliamentarian | 2010: Issue Four
the migrants and residents of their countries. They had to also sign and ratify international treaties, conventions and agreements that protected migrant workers. Parliamentarians had to go further and monitor the implementation of these laws in their countries. The competing challenges of unemployment, poverty, provision of basic services and urban to rural migration had to be addressed to avoid conflict between residents and migrant workers. Migrant workers are a vulnerable group who were exploited as they had no union to fight for their rights and it was the role of Parliamentarians to protect them. Parliamentarians had to protect the basic human rights of all, and go beyond their ordinary duties of formulating laws and policies and find sustainable solutions for the protection of migrant workers. Ms Caroline Nalule
(Commonwealth Human Rights Initiative Coordinator, Africa Office) outlined the main challenges faced by migrant workers as discriminatory treatment or racism and denial of access to basic human rights. These challenges among others were more profound in developing countries. The international community had formulated laws to address these challenges faced by migrant workers though they had not been ratified by most countries. The role of Members of Parliament (MPs) was to ratify conventions that protected migrant workers and prevented human trafficking. They also had to play the oversight role in ensuring these conventions were domesticated and implemented. MPs should regularly revise and reform outdated labour laws that affected the migrant workers and formulate laws that protected them.
Workshop F:Layout 1 22/12/2010 09:30 Page 333
WORKSHOP F MIGRANT WORKERS
Ms Nalule said that Commonwealth MPs had to utilize the conference to develop Commonwealth principles and guidelines on migrant workers to be adhered to by all Commonwealth nations. MPs had to strengthen parliamentary oversight and focus on the issues affecting migrant workers by finding out what practical experiences they underwent such as the duration it took to acquire a work permit among others. She added that MPs had to take a deeper interest on how their citizens working in other countries were handled and whether their human rights were respected. She finished by stating that MPs had to tackle the challenge of xenophobic attacks by educating the public about xenophobia. Several interventions were received from the floor. Mr Harim Pathak, MP, (India) stated that
migrant workers was not a topic but a critical issue. He was concerned that even with numerous conventions, problems faced by migrant workers still existed and governments and MPs had to look deeper into the problems of migrant workers. Even with masses of rules and regulations, the focus of MPs had to be on humanitarian grounds and migrant workers must be treated fairly and respected. He felt that even illegal migrants had to be resettled and rehabilitated but not mishandled. Prof. John Oucho (Invited expert, Kenya) felt that the terms in use such as “labour exporting and importing countries” or “labour absorption countries” were not realistic and should be changed. He was concerned with the effects of dual citizenship as enshrined in most constitutions such as the Kenyan constitution
and how it would affect migrant workers. Prof. Oucho expressed concern over the lack of harmonized legislation amongst ministries in most countries of origin and that most countries of origin had not signed the conventions on labour and migrant workers. He urged MPs to realize that there were different categories of migrants as there were those who moved individually due to their skills and those who were recruited as a package such as teachers or nurses. MPs had to therefore treat their situations different. Hon. Lindiwe Maseko, MP, (South Africa) felt that MPs should look into repealing and amending old and outdated laws as some were narrow in focus and needed amendments. She stated that women migrant workers were more exposed to exploitation as most become domestic workers and the laws should therefore protect them the most. Stability and peace should be maintained to protect those who moved to other countries as refugees due to political instability in their countries such as Zimbabweans in South Africa. Governments had to ensure they had proper reception areas for these migrants. Dr Aristos Aristotelous, MP, (Cyprus) said that migration had various parameters but it basically involved human beings and their rights and there was need to respect and protect human rights. Enacting laws and regulations was not enough and Parliamentarians had to also focus on other issues such as educating the public to resist from discrimination of foreigners in their country either through use of the media, articles or speeches. He inquired on the obligations of police in handling migrant issues. The discussion leaders agreed there was a need for co-operation in the global community and MPs ought to focus on the vulnerable migrant workers and educate the
public on the importance of the global community and rights of human beings. The conventions were important and should be ratified as they had reporting obligations and MPs should understand the implications. Laws and systems had to be put in place to apprehend agents of human trafficking. There was concern over police treatment of arrested victims of human smuggling and agreement that they should be handled with respect as they
“The competing challenges of unemployment, poverty, provision of basic services and urban to rural migration had to be addressed to avoid conflict between residents and migrant workers.” were victims of human smuggling agents. Dual citizenship was not uniform in all countries and should be dealt with on a country-to-country basis. There was consensus that MPS had to educate the public to eliminate xenophobia and discrimination instead of inciting them against foreigners. It was emphasized that MPs should formulate laws such as antitrafficking Acts and ensured they incorporated both illegal and legal migrants with sufficient budgetary provisions. They also had to co-ordinate and harmonize ministries in terms of laws and policies as it was noted that this was a common problem in many countries.
The Parliamentarian | 2010: Issue Four | 333
Workshop G:Layout 1 22/12/2010 09:32 Page 334
WORKSHOP G WATER AND FOOD
56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Workshop G - 17 September 2010
THE GLOBAL WATER AND FOOD CRISIS
Moderator: Hon. Kathleen Casey, MLA, Speaker of the Legislative Assembly, Prince Edwards Island, Canada, Discussion Leaders: Sen. the Hon. Helen Coonan, Australia; Hon. Elijah Okupa, MP, Uganda; Hon. Maryan Street, MP, New Zealand; Mr Dennis Garrity, Director General World Agroforestry Centre Consultative Group on International Agricultural Research; Hon. K Radhakrishna, Speaker, Kerala.
Summary Highlighting the various food and water crisis scenarios currently being experienced around the world, participants noted that population is a key factor in food and water shortages. The competition for potable water in an overpopulated world poses an enormous threat to humanity. There was a general consensus that population growth, industrialization and urbanization are not only depleting lakes, rivers and aquifers, they are also polluting them. The state of food security and water accessibility in many nations is an indicator of the everincreasing burden on governments to sustain the livelihood of their people. Food security is also a major water-resource issue. Food production consumes the vast majority of fresh water resources. Therefore, increased agricultural activity will place greater demands on water resources. Given present consumption trends and production practices, sources of fresh water need to double. Moreover, human-induced
334 | The Parliamentarian | 2010: Issue Four
global warming is likely to cause increased risk of hunger and famine, especially among the world’s poor. During recent years, the global food problem has been worsened partly from the steep escalation in the price of fossil fuels and partly due to emerging weather problems arising from climate change. The workshop was told that water shortages threaten to reduce global food supply by more than 10 per cent in the next 25 years. Global water use rose six fold between 1900 and 1995 – twice the rate of increase in population. Demand for food is expected to rise by 50 per cent over the next 20 years and will double during the next 50 years. In order to meet this demand, Members agreed that use of scientific knowledge and technological advancement in the field of agriculture must be enhanced and shared among all nations. Governments should also provide adequate funds to the agricultural sector. It was also agreed that careful management of water resources
should be on the top of every government’s agenda so soil, water and climate are managed sustainably. Governments should promote the sustainability of water resources and consequently food security. Members were concerned that the workshop should not be just any other talk-shop but should lead to fruitful implementation of resolutions. Members agreed that a taskforce on global water and food crisis should be established under the auspices of the CPA to examine proper management and sustainability of water resources which will lead to food security. Report Discussion leaders stressed the severity of the food crisis as illustrated by the increase in the prices of essential commodities across the world. Hon. K Radhakrishna mentioned that the World Bank had estimated that about 100 million people could make their way into the ranks of poverty due to the soaring food prices. Hence, it was noted that it was imperative for concerned
Workshop G:Layout 1 22/12/2010 09:32 Page 335
WORKSHOP G WATER AND FOOD
Left to right: Mr Dennis Garrity, Hon. Maryan Street and Hon. Elijah Okupa.
governments to take substantial steps to control food prices and make low cost food grains accessible to the needy and the poor. The rate at which the global population was growing was also recognized as a real concern in water and food crisis. Increased stress on water resources was attributed to population growth which led to pressure to provide water for domestic purposes as well as to provide food either through irrigated agriculture, raising livestock and industrial growth. Food security was determined by the options people have to secure access to own agricultural production and exchange opportunities. These opportunities were influenced by access to water. It was further stressed by Hon. Elijah Okupa that global population had tripled in the 20th century but water usage increased by a factor of six. There was also growing concern that 50 per cent of the world population in 2025 would be facing water scarcity. The World
Health Organization indicated that there were approximately 1.1 billion people globally who didn’t have access to safe drinking water, about 40 per cent of whom lived in Africa and Asia. The implications of this was that 80 per cent of health
“World leaders should approach the issue of global water and food crisis...without attaching political and business interests which shift the focus from the goals to be achieved.” problems had been linked to inadequate water and sanitation, claiming the lives of five million
people per year, 1.8 million of whom were children. In Africa alone, Mr Okupa noted, an estimated five per cent of GDP was lost annually due to illness and death caused by dirty water and poor sanitation. There was therefore a general consensus that there was no substitute for water – the very substance of life itself – and it was central to any programme that had the objective of reducing poverty. Among the recommendations made, Members agreed that there was a need to protect rain fed natural forests as they were starting points of water sources. This could be done through preventing deforestation and fires, alongside proper management of the current water sources such as rivers, lakes etc. World leaders should approach the issue of global water and food crisis more humanely without attaching political and business interests which shift the focus from the goals to be achieved. Other agencies such as civil society organizations, corporate among
others were also urged to come in and help governments due to the magnitude of the problem. Parliamentarians should also forge global partnerships to tackle these problems especially those of developing countries who have a role to eliminate unfair trade agreements with the developed countries which make it difficult for the developing ones involved to obtain concessions on unfair trade policies. It was noted that focus should also not leave out the island states. Governments were also urged to strengthen linkages amongst its ministries and development projects in different sectors related to water, especially with regard to water and food security. Finally, there was also a consensus on the need to set up a task force to come up with a strategy on the way forward and implementing the resolutions arrived at during the CPA conference. This was imperative in order to avoid the issues raised from being just a mere talk show.
The Parliamentarian | 2010: Issue Four | 335
Workshop H:Layout 1 22/12/2010 09:34 Page 336
WORKSHOP H - NEW WORLD ECONOMIC ORDER 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Workshop H - 17 September 2010
HOW PREPARED IS THE COMMONWEALTH FOR THE EMERGING NEW WORLD ECONOMIC ORDER? Moderator: Hon. Keith L Flax, MHA, Deputy Speaker of the House of Assembly, British Virgin Island,. Discussion Leaders: Hon. Meira Kumar, Speaker of the Lok Sabha, India; Mr Russ Heibert, MP, Canada; Hon. Adejare Bello, MLA, Speaker, Osun State House of Assembly, representing Rt. Hon. Oladimeji Bankole, CFR, Speaker, House of Representatives, Nigeria.
Summary The extent to which the world economic crisis has affected countries varies; but delegates agreed it was more significant in industrialized countries. In the wake of this crisis, developing countries of Latin America and Asia were emboldened by a rapid growth in their work-force, technology and financial integration. They have caused a major shift in the balance of economic power. Participants observed that the recent expansion of the G8 into the G2O will help mitigate inherent weaknesses requiring sustained recovery. Commonwealth countries should engage and dialogue with China rather than being antagonistic. Stronger Commonwealth economies should support weaker ones. Parliamentarians emphasized the need to face the challenges of emerging stronger economies creatively and ensure interparliamentary conference resolutions bear tangible results. However, assessments of
336 | The Parliamentarian | 2010: Issue Four
preparedness should be countryspecific. Delegates agreed to use their common heritage to bolster collective bargaining power, initiate persuasive interventions against unfair multilateral trade regimes, embrace peer review mechanisms, implore upon Bretton Woods institutions to give appropriate assistance, share experiences, build capacities and fully integrate with partner states. Report Smt. Meira Kumar, MP, articulated the contributory factors upon which the development of the emerging new world economic order (ENWEO) was anchored. Although the recent global financial crisis had affected all countries around the world, its effects were more severely felt in the industrialized countries than in less developed countries (LDC). After the global crisis, more successful developing countries particularly in Latin America and Asia, buoyed by the rapid growth in their workforce and technology,
gained higher levels of economic performance that have led to a considerable shift in the balance in economic power. She further pointed out that, the recent expansion of the G8 to G20 has greatly helped in mitigating the inherent constraints and weaknesses that previously affected trade and development in LDCs. However, she observed that this recovery needed to be sustained to reasonably transform these countries’ economies. She cautioned that the challenges facing the developing countries of the Commonwealth such as inequality, unemployment, poverty alleviation, diseases, illiteracy, global warming and climate change could make it difficult to
Workshop H:Layout 1 22/12/2010 09:35 Page 337
WORKSHOP H - NEW WORLD ECONOMIC ORDER
Left to right: Moderator Hon. Keith Flax, MHA, and discussion leaders Hon. Adejare Bello, MLA; Mr Russ Hiebert, MP; and Hon. Meira Kumar, MP.)
consolidate the gains made. This encapsulates the concept of ENWEO. She made the following suggestions on how prepared the Commonwealth was in responding to this new alignment: 1. The Commonwealth countries need to consider assessing their degree of preparedness. This exercise should be country-specific; 2. We should redesign our development planning strategies to ensure they give priority to addressing the socio-economic problems; 3. Provide enabling environments, formulate and legislate social policies which
will create desirable conditions for continuous human development; 4. Plan with the reality that national economies are getting increasingly inter-dependent, and also affect the performance of local economies; and 5. Developing countries should emphasize on boosting the people’s earning capacities and promoting appropriate economic activities which would give entrepreneurs comparative advantage, particularly: increasing government spending in supporting exporters; credit facilities to micro and medium enterprises; enhance safety
nets to the rural poor, review salaries of public service employees; strengthen financial regulatory systems for banks and improve flow of funds from the private sector to productive sectors. Hon. Russ Hiebert, MP, observed that notwithstanding the effects of the recent global crisis, the economic fundamentals in Canada and other Commonwealth countries remained largely unchanged. He noted that Canada was pursuing Comprehensive Trade Agreements with emerging economic giants such as India and China as well as well as the European Union (EU), and added
that, Canada has already established a Bilateral Foreign Investment Promotion and Protection Fund and was keenly pursuing policies that encouraged reciprocal agreements. Mr Hiebert explained that Canada considered China as a credible trade partner with an impressive economic performance, low wages and vast pool of labour. He observed that China remained a top export destination for most Commonwealth countries and added that being the world’s manufacturer of the year, consumers had significantly benefitted from the low-cost products. However, he cautioned that China had to cope with a myriad of
The Parliamentarian | 2010: Issue Four | 337
Workshop H:Layout 1 22/12/2010 09:36 Page 338
WORKSHOP H - NEW WORLD ECONOMIC ORDER
Left to right: Hon. Meira Kumar, MP, Mr Russ Hiebert, MP, Hon. Adejare Bello, MLA and Hon. Keith Flax, MHA.
challenges including rising urbanization, the perception that the government was still largely communist, which neither accommodated nor pursued policies that promoted democratic ideals. He stressed that the Commonwealth was a potentially strong force given its rich common heritage of the English language; the most widely used international language of commerce; respect for democracy and traditional trade relationships. Commonwealth countries had a solid record of observing the rule of law, critical in instilling investor confidence, enforcing contracts, predictable regulations and promoting trade. The history of free trade and established trade relationships gave the countries an advantage in competing in the ENWEO. To strategically position the Commonwealth countries as strong competitors, Mr Hiebert suggested that enhanced engagements in trade with China offered a beneficial approach to seek alternative markets, and noted that Canada was at an advanced stage in seeking a trade relationship with India. Canada was guided by the Singapore Declaration of 1961 which proposed and aimed at achieving free flow of trade and encouraged reciprocal trade arrangements.
Hon. Adejaro Bello, MP, supported the view that the Commonwealth was a strong democratic bloc providing a platform for continuous dialogue on how to tackle challenges that faced most of its partners. He further observed that the major world financial centres were either declining steadily or had simply disappeared. He noted the marked decline of USA’s dominance as an international economic powerhouse, where its investment banks virtually dictated terms of engagement of international finance across the globe, pronouncing countries and companies investment-worthy or not. He called upon economic giants of the Commonwealth such as the U.K., Canada, Australia and India to assist their weaker partners by consolidating their stance emboldened by their democratic culture and occupy centre stage in the ENWEO. The Commonwealth was anchored on the need to promote democracy which galvanized growth in different spheres. He further observed that Interparliamentary Conferences’ resolutions should provide important reference points and seminal take-off of its activities. A fusion of best practices from more developed and advanced
338 | The Parliamentarian | 2010: Issue Four
counterparts would ultimately strike a balance between internal socio-political and economic orientations and that of counterparts considered better-off. Parliamentarians could cooperate with the executive branch to realign their economic policies by being sensitive to changing global dynamics. Citing America’s example of boosting investment in alternative energy sources, he advised that, this was a signal to Nigeria and other economies that were heavily dependent on oil exports, to diversify into alternative revenue streams like Agriculture and ICT, including utilization of alternative energy sources. He further recommended that: •
•
•
•
Developed Commonwealth countries should increase Official Development Assistance to weaker ones with fragile economies; Women participation in decision-making in global financial and economic institutions be promoted; States should open their markets for fair competition, refrain from introducing protectionist policies that could stunt growth and undermine economic recovery; States should pursue policies to alleviate poverty, reduce
•
•
• •
inequalities by targeting vulnerable sectors; Sustainable agricultural practices through facilitating farmers’ access to loans, improved seeds, agricultural machinery, technology and fertilizers be enhanced; Sanctions against private and public companies and individuals involved in illegal cross-border trade, illegal financial transactions and dumping practices be tightened; Environmental conservation be promoted; and Peer review mechanisms to monitor and evaluate economic performance be enforced.
He emphasized that the Commonwealth could not afford to remain a marginal player. Partners should increase domestic spending, reduce imports, develop technologies, increase production and exports; and reduce overdependence on donor agencies. The private sector should be encouraged to grow with government regulations to create job opportunities, promote peace building and provide socioeconomic infrastructure. Parliamentarians would be expected to tackle newer challenges caused by G20, the
Workshop H:Layout 1 22/12/2010 09:37 Page 339
WORKSHOP H - NEW WORLD ECONOMIC ORDER
emergent competition risks as the new economic trajectory of thinking and political re-alignments take shape in the international arena. Deputy Leon Gallienne, (Guernsey) asked what timeframe could be set to handle the ENWEO. Hon. Lulama Smuts Ngonyama, MP, (South Africa) commented that consolidation of democratic forces was inadequate and advised that countries should alter its negative view of China and instead develop strategies to engage with the country. He also wondered what role India as G20 member would play in strengthening LDCs position in the WTO. Hon. Fikile Xasa, MP, (South Africa) sought to know how partners states which also belonged to regional blocs would operate effectively. Hon. Juan Watterson, MHK, (Isle of Man) observed that the balance of economic trade wouldn’t change easily without addressing the dollar dominance as the preferred international currency. Hon. Datuk Tiong Thai King, MP, (Malaysia) emphasized the need for creativity in forging new wisdom. The Commonwealth’s potential, given its population estimated at 30 per cent of the world’s population, common heritage, and English language
constitutes unparalleled collective bargaining power. Hon. Kumar emphasized that implementing social policies would ensure human development, noting that economic progress was a means to an end. She also reiterated that India had no issues with China, observing that attaining a democratic culture took time and involved certain norms which included respect for human rights, rule of law, justice and an inclusive society. Mr Hiebert advised that immediate preparedness, from 18 months to three years was necessary, noting that the Commonwealth connection was an advantage that offered a bridge for better negotiations at WTO. He stressed that partners go beyond regional blocs by focusing on opportunities rather than challenges. Mr Bello supported the immediate starting of preparedness. He recounted the circumstances that caused Nigeria’s suspension from the Commonwealth until its return in 1999 and requested the CPA to assist Nigeria to conduct free and fair elections. He further suggested that there was a need to study China’s economic strategies, cross-fertilize ideas, use stronger partners to bargain and streamline systems that impede
exchanges, immigration and financial transactions between partners. Hon. Dato’ Haji Abdul Halim Hussain, MP, (Penang) cautioned that preoccupation with China’s market dominance was worrying Malaysia and indeed detrimental to the Commonwealth’s economic progress and advised that a business-friendly attitude with China would be more beneficial instead. Hon. Mwaanga Vernon Johnson, MP, (Zambia) reinforced the Commonwealth’s preparedness, indicating Zambia’s satisfaction with China’s performance since it was driven by self-defined priorities. He however encouraged commitment of the northern partners in supporting the majority poor states. Hon. Craig Foss, MP, (New Zealand) reiterated the importance of promoting free trade with the emerging economies such as the bilateral trade agreements between India and China. Hon. Kim Sin Lee, (Selangor) sought to know what impact the Commonwealth’s preparedness would have on the promotion of human rights and general quality of life in LDC’s. Mr Ngonyama wished to know India’s strategic role as a stronger partner in the ENWEO and questioned the action to be taken
to African Partner States that refused to comply with peer-review mechanisms. Voicing concern that none of the African Commonwealth States had bilateral trade arrangements with Canada, he inquired how they could maximize Canada’s influence in the WTO negotiations. Hon. Rayner Makosha, MP, (Botswana) hailed Nigeria’s democratic stance but cautioned that China sometimes tended to promote trade imbalance and therefore the need to engage China in dialogue. Hon. Leong (Malaysia) noted that given the emerging global competition, Canada could persuade China as a partner in Free Trade Agreement. He questioned the criteria of classification which listed Nigeria as a weak economy yet it had massive oil and agricultural resources. In concluding responses, the respondents emphasized the need to give more concessions to developing economies especially in Africa and Latin America. Given the Commonwealth’s strong international presence, it was needless to have strong apprehension about another superpower colonizing partner states because the Commonwealth could ward off any kind of economic threat. Participants agreed to focus on achieving the MDGs, stemming human trafficking and enforcing peer-review mechanism as benchmarks for promoting democracy. The need to increase Canada’s presence in Africa, embracing competition, creativity and networking was imperative for mutual benefits. In concluding, Hon. Keith Flax reiterated that the G20 bloc had the potential to facilitate trade in the Commonwealth. The task ahead was how to overcome WTO’s challenges. He called on the Commonwealth countries to position themselves to benefit from the ENWEO.
The Parliamentarian | 2010: Issue Four | 339
Final plenary:Layout 1 22/12/2010 09:38 Page 340
PLENARY SESSION MIGRATION
56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Plenary session - 18 September 2010
COMMONWEALTH INITIATIVES IN HANDLING MIGRATION ISSUES
Summary Arguments for and against free migration, both legal and illegal, were voiced by lead speakers as some focused on the protection of the rights of migrant workers while others expressed concerns about the effects of migrants on small communities and on each society’s culture and values. There was agreement, however, on the need for international cooperation and collaboration to ensure that migration is managed properly in a globalized world where the movement of people is posing problems for all states. Migrant workers are often exploited and their human rights abused because they do not know their rights and domestic legislation and institutions can fail to deal with foreigners. Parliamentarians should therefore scrutinize governments to ensure
foreign workers enjoy the same rights as domestic workers and that they have access to education programmes so they know what those rights are. Migration was seen as beneficial by providing needed labour and exposing people to new cultures which enrich societies. But it was also seen as a threat to the resources, cultures and values of the receiving countries, and it was acknowledged that a brain drain to the developed world could hinder development in poorer countries. Helping all countries to develop was seen as a long-term solution which would reduce the need for people to migrate to improve their lives. International and bilateral strategies, with the Commonwealth in a key role, were seen by all speakers as the most effective short-term way to
340 | The Parliamentarian | 2010: Issue Four
manage migration, including containing the illegal movement and trafficking of people, protecting migrants from exploitation, protecting small states, examining the reasons for domestic controls on migration and harmonizing all domestic laws. The rights of workers Noting that globalization meant governments could not stop the migration of workers, the Chairperson of South Africa’s National Council of Provinces argued that Parliaments and governments can ensure that migrants are not exploited. This was just one aspect of a complex issue that Hon. Mninwa Johannes Mahlangu, MP, said included such questions as the migration of healthcare workers, the effects of migration on small islands and policies on forced migration.
Parliamentarians had to ensure that all the legislation they passed applied to migrant workers as all migrants had the right to life, health care and other services of the state to which they were making a socioeconomic contribution. South Africa had ensured the human rights of migrants were protected, including the prevention of physical attacks and various forms of exploitation. Part of the protection of their rights was to ensure they knew what their rights were. Mr Mahlangu called for nations
Final plenary:Layout 1 22/12/2010 09:39 Page 341
PLENARY SESSION MIGRATION
to work together to ensure migrants’ rights were protected throughout the world. Governments had to also ensure their own departments collaborated with each other and with civil society groups to protect the rights of migrants. He called for serious consideration to be given to such questions as whether migration was beneficial to a country, whether government systems were attuned to the protection of migrants’ rights and the extent of
the negative impact on development caused by a “brain drain”. Protecting small states International co-operation was also supported by Hon. David Agius, MP, (Malta) as a way to stop small countries such as his Mediterranean island from being overwhelmed by migrants. Germany, France, Poland, the United Kingdom and other nations were already accepting many migrants, but he called on other
nations to be more open to migration to reduce the pressure on small states. Mr Agius urged the 2011 Commonwealth Heads of Government Meeting to consider controls on Commonwealth migration. Mr Agius said Malta was already densely populated so the influx of migrants that it had been receiving was straining its resources. He likened it to adding a village to Malta each year. With 6.4 refugees per thousand of the population, Malta had one of the
Delegates from the Malaysian Branches at the Plenary.
highest proportions of refugee populations in the world. The Maltese government had had some success in working with the neighbouring Libyan authorities to curb illegal migration to its island by tightening up patrols along its coast. However, Malta was still experiencing
The Parliamentarian | 2010: Issue Four | 341
Final plenary:Layout 1 22/12/2010 09:44 Page 342
PLENARY SESSION MIGRATION
Canadian delegates from left to right: Ms Wendy Bisaro, MLA, Northwest Territories; Hon. Marian Horne, MLA, Yukon; and Mr Kevin Pollard, MHA, Newfoundland.
proportionately high levels of illegal migration from Nigeria, Ghana, Sierra Leone and other countries. He called for those governments to help stop migration and assist Malta by repatriating illegal migrants. All governments should monitor migration through the
processing of travel documents and voluntarily accepting the return of illegal migrants. The Maltese MP said countries should stop regarding migration as the solution to their problems. Countries in conflict situations should use development
342 | The Parliamentarian | 2010: Issue Four
assistance to help their people in their own countries, said Mr Agius. Migration for development The benefits of migration to help countries’ development and achieve the Millennium Development Goals were
emphasized by Baroness Stern of the United Kingdom who argued there were many migrants in the U.K. who enriched the population for the benefit of all Britons. However, she admitted that many people in developed countries were becoming concerned that migration was putting pressure on their societies. A backlash was occurring against which governments needed to act to protect the rights of migrants. She said migration issues were linked to human rights, the rule of law and the promotion of development. Migrants were often seeking to escape from poverty and so should be assisted to achieve their potential. The Parliamentarian recalled that Kenya President H.E. Mwai Kibaki, MP, had opened the conference with a call to the Commonwealth to address the
Final plenary:Layout 1 22/12/2010 09:44 Page 343
PLENARY SESSION MIGRATION
backlash against migrants and to prevent their exploitation. International co-operation was vital to improve the global management of migration issues. Baroness Stern added that small states did need help to deal with migrants; but she stressed that Commonwealth policy should view migration as a positive contributor to development and an opportunity to help all countries achieve higher levels of development. Positive controls Outlining the situation in Quebec, Mde Fatima Houda Pepin, MNA, (Quebec) said her Canadian province was the first to negotiate an accord with the federal government over immigration into the province. The accord prescribed how the Canadian and Quebec governments would
handle migration and enabled the province to set its labour requirements and migration numbers. The provincial government in turn consulted on these matters with the National Assembly. Ms Houda Pepin said social cohesion was a major issue for her predominately French-speaking province. Legislation provided that the fundamental values of Quebec society had to be respected by immigrants, the majority of whom must be skilled workers or business people. However, the province also had programmes and subsidies to encourage the immigration of such groups as women and minorities. Canadian law, especially the Canadian Charter of Rights and Freedoms, protected the rights of all people and Quebec had its human rights charter which
provided further protection to migrant workers, she said. Quebec had the power to integrate migrants into its population as migration was seen as one of the driving forces of economic growth and cultural diversity. Multiculturalism was a fact of life for Canada’s population, 20 per cent of whom she said were born outside the country. A Commonwealth programme Concluding the discussion, Prof. John Oucho of the Ramphal Commission on Migration and Development called for Parliamentarians to contribute to the Commonwealth debate on migration, proposing that the CPA conduct a parliamentary study of good practices in migration policy. Prof. Oucho recalled that there
Three of the lead speakers at the plenary session: Prof. John Oucho (far left), Baroness Stern (centre) and Hon. David Agius, MP, (right).
used to be free movement of people within the Commonwealth. Migration was not always seen in terms of a “brain drain”. Parliamentarians could work through the CPA to assess such issues as why and how migration was now being controlled in all member states, why people from developing countries were seeking to move to developed nations and how Commonwealth countries could harmonize their migration laws. This was an international issue which would benefit from international collaboration and research, he said.
The Parliamentarian | 2010: Issue Four | 343
Opening ceremony:Layout 1 22/12/2010 09:46 Page 344
OPENING CEREMONY
56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Plenary Session - 14 September 2010
OPENING CEREMONY Hon. Dato’ Seri Mohd. Shafie Apdal, MP, Chairperson of the CPA Executive Committee and Minister or Rural and Regional Development, Malaysia I would like to begin by saying what a privilege and pleasure it is to be here in Kenya and I am sure that the welcome we have already received and working environment will be conducive to a successful conference. I am particularly grateful to the Honorable Kenneth Marende, CPA President, Speaker of the National Assembly of Kenya and CPA Kenya for organizing our conference. I know from my own experience two years ago just how much work is involved. Ladies and Gentlemen, I suspect that most, if not all of you, in your respective Parliaments and assemblies have been grappling with the realities of the global economic downturn. I doubt that there is a branch represented here today who has not been hit by job losses, business contraction and reductions in public expenditure. We meet against that backdrop and one can hardly blame any constituent from anywhere questioning the value and costs of membership of the Commonwealth Parliamentarians Association. Such questions may be
uncomfortable but they have to be faced and we have to be able to respond not just on the basis that an association such as ours is a good thing but that it brings tangible benefits to the people and represents good value for money. I suggest that now more than ever we have to create linkages between the work of the CPA and the people we represent and be able to demonstrate a range of practical and positive impacts. In order to meet this challenge I want to use this occasion to suggest six strategic thrusts and practical steps we should take: First - Whilst I appreciate that much work has been done we should, as a matter of urgency, undertake a comprehensive CPA members’ needs analysis and use the outcomes to develop our range of services especially the training and development agenda. This development agenda must be so designed that it has a high impact level and uses cost effective and modern methods of delivery. Secondly - I suggest that we develop new and enhanced ways of branding and marketing CPA
344 | The Parliamentarian | 2010: Issue Four
products and services and wherever appropriate replicate successful commercial marketing strategies. People need to know who we are, what we do and what’s in it for them. We can no longer afford to hide in a cocoon of anonymity. Thirdly - We should develop a young person’s involvement strategy. I believe that this can be achieved through working with schools and colleges and developing curriculum components and especially awareness of the value and processes of parliamentary democracy. As you know I am committed to the Little Acorns Project that we are now extending into Kenya. Incidentally the 100th anniversary is a wonderful opportunity to attract young people through competitions and inter nation networking. My fourth strategic thrust is about making better and fuller use of Information Communications Technology (ICT) not only to create strong links with each other but to reach out to inform and encourage
public participation. One of the huge advantages of the internet is its limitless access. We have the potential to provide electronic data bases of best parliamentary practices and guidance on everything from how to ask parliamentary questions to letter writing and how to manage and respond to constituents needs. In addition we need to develop our media strategy and ensure reportage of our success stories. Fifth - I want us to extend the work of CPA and reach out to other nations especially those who are trying to develop their democracies and parliaments. I believe that we have the potential to do this and such an extension of our services could provide new sources of income for the Association. My sixth and last but by no means least strategic thrust is to propose that we must identify and make better use of the knowledge and experience of our own membership. I suggest that we use the needs analysis process I suggested earlier to identify this knowledge and experience and explore new ways of exploiting it
Opening ceremony:Layout 1 22/12/2010 09:51 Page 345
OPENING CEREMONY
The Chairperson of the CPA speaking at the conference.
for the benefit of all. I would like us to explore the concepts of inter branch member mentoring as well as specific programmes for aspiring members of Parliament. My six point action plan I see as a start but of one thing I am certain and that is that no change is not an option for we either change or be changed. We need to think out-of-the-box and challenge ourselves. None of my strategic thrusts is probable or possible without being underpinned with an ever greater sense of unity within our Association. Unity to me does not mean sameness but it does mean inclusiveness. Whether a member country is large and developed, a small Pacific or Caribbean Island or a developing nation each has a contribution to make and everyone should know that their contribution is valuable and valued by all. When one member state faces a problem we all face the problem – when one member state enjoys success we all share in that success. For me inclusiveness means a heightened political understanding and
sensitivity especially towards developing nations. I would like to see the CPA commit itself in words and deeds to create an ever better attitudinal environment of collaboration and empowerment. This means an environment that values and respects the aspirations, contribution and needs of all our different peoples. We must apply ourselves to finally put aside the old top-down management development models and instead promote our diversity as one of the best ways to inspire innovation and economic and social empowerment. There can be no second class citizens of CPA – it is an inclusive, collaborative association of equals. Of course and rightly we all have our own agendas but I suggest that it is in the interests of the mature democracies and developed nations to extend the helping hand of collaboration not just in the processes of developing parliamentary procedures but for example, by understanding the need for support in pursuing such issues as fairer world trade practices and the eradication of poverty.
History teaches us that parliamentary democracy is a fragile flower that has to be nurtured over time and protected especially when the chill winds of economic pressure blow strong. Thus it is my firm conviction that if we adopt and practice the principles of inclusiveness, collaboration and mutual empowerment then our voice in the councils of the World will be ever more influential. Delegates, you will have noticed from the agenda that the working party on the future of the CPA will be holding a meeting during the conference. I hope that every one of you will feel able to contribute your ideas for the ways forward. I want us to set measurable timed targets based on agreed Key Results Areas and Key Performance Indicators. Ladies and Gentlemen, in short, we must add a greater sense of urgency and raise our game. I am sure that there will be colleagues here who will disagree with some or even all of my six strategic thrusts. That is right and proper as the processes of parliamentary democratic
governance are built on the principles of civilized debate, collaboration and compromise. There is no doubt that the basic CPA message is a good one with the potential to be very good. But I suggest that that won’t happen unless the stories are told in a means and in a manner that connects and resonates with the people. For example, I quote the recent excellent work being done by the Women’s Parliamentary Association and the parliamentary benchmarks developed and implemented over the past two years by some of our member states. Over the next few days we have a lot of work to do but I hope that whilst we focus on our agenda we do not forget that we stand at the cusp of our second century. The last hundred years have been marked by horrendous warfare, unimaginable loss of life, the rise and fall of totalitarianism, interracial strife and the creation of weapons of mass destruction and yet parliamentary democracy has survived due not in small part to the work of our CPA predecessors. Therefore, without hubris but in the same spirit that guided those that went before us let us push the boundaries of convention yet again and so meet the challenges of the moment and those still to come. Of course, we will debate but we will do so in that spirit of inclusiveness, with understanding and both passion and compassion as these too are the hallmarks of the CPA. We owe no less to future generations. Let me close by once again thanking you Mr President for gracing the occasion here this morning. I am sure that all delegates will join me applauding the Kenyan welcome and the warmth of the hospitality. Through you and on behalf of the Executive Committee I thank all those who have worked so diligently to bring this important occasion to fruition. Thank you.
The Parliamentarian | 2010: Issue Four | 345
Opening ceremony:Layout 1 22/12/2010 09:52 Page 346
OPENING CEREMONY
Hon. Kenneth Marende, MP, President of the CPA and the Speaker of the National Assembly of Kenya
It is my pleasure, honour and privilege to welcome you to Kenya more so at a momentous and historic time, when Kenyans are still in celebratory mood following the promulgation of a New Constitution which marked the birth of our Second Republic. It feels great for me to meet again with so many delegates and political friends and to have the pride of place to address this Conference. Normally as the Speaker of the National Assembly of the Republic of Kenya, my role is explicit and fairly restricted to, inter alia, keeping order in the House, making a few pronouncements on do’s and don’ts and issuing scattered rulings on worrisome developments. This morning, however, I am permitted greater latitude to address a much larger House on all and everything in the Commonwealth. The CPA offers us the opportunity to get together and learn about each other’s experiences, our Parliaments and our processes. My hope is that this year we shall build on the Commonwealth’s commitment to further consultations, understanding, collaboration and cooperation among its Parliaments and Legislatures, and the promotion of parliamentary democracy. This conference should be the opportunity to meet, dialogue, talk over and discuss matters of common concern. This interchange of views under the
CPA’s umbrella is something to treasure. As recent world events graphically illustrate, parliamentary democracy is a fragile concept. Those of us lucky to live and work in countries which, irrespective of gender, race, religion or culture, uphold the rule of law, individual and peoples’ rights and freedoms, must continue to pursue and promote the practice of
“...your Parliaments have little choice but to speak to development... otherwise our aspirations and struggle for democratic governance will be hollow.” democracy. Among the key objectives of the CPA are the preservation, sustenance and enhancement of democratic ideals. The CPA family is constituted of national, provincial, state and territorial Parliaments and Legislatures of the countries of the Commonwealth. Members of the Association of all creed, colour and race share the common mission that in a nutshell
346 | The Parliamentarian | 2010: Issue Four
entails good governance. In full fledge and expressively permitting multipartism as a noble and necessary ingredient embracing all, if not as much, political diversity as is existent in any given jurisdiction. One of the most challenging tasks for Parliaments is to consistently develop and improve the capacity to cope with change and be responsive to the demands of the populace. Kenya is no exception to this challenge and significantly so now with the passage of a New Constitution that is in my opinion bold and most modern largely generated by the Kenyan people themselves as it is the product 0f a protracted process of consultations, confrontation and negotiations stretching over a period of two decades before precipitation on the 27th August, 2010. Yes it is a new dawn for Kenya, may be party time but the party must end and focus shifted to implementation because the New Constitution is no more than a means to the end which must be the holistic actualisation of the aspirations and expectations of Kenyans. After two years of service on the EXCO and to the CPA as Vice President and President respectively and following careful reflection I feel compelled with the concurrence of a substantial portion of the CPA membership to suggest two prescriptions that may in my considered view go a long
way in anchoring the vibrancy, dynamism, internationality and cohesion of the CPA:a) the Association may want to adopt the UN, AU style unwritten but respected structure and process of rotation between regions in its leadership. b) find a modus of an advisory engagement with the Commonwealth Heads of State and Government (CHOGM) biannual assemblies so that one of its key officers has an official slot to address the gathering of Heads of State and Government to assist
Opening ceremony:Layout 1 22/12/2010 09:53 Page 347
OPENING CEREMONY
in configuring enduring policies that will help develop Commonwealth institutions adopted to be in step with the changing times. One of the desired outputs of this conference is to emerge a stronger, cohesive and more solid organization better equipped and determined to deliver on our core tripartite mandate of effective legislation, oversight and representation. We are ever so aware that the work of Parliamentarians in our time transcends our National borders.
That our work must be relevant to address the plight of mankind as it is bound to reckon with on mother earth at the local, national, regional and global levels. Parliamentary diplomacy is thus called for to address this imperative. This is to say therefore that Parliamentarians must complement, if not provide leadership to the Executive, to productively articulate international affairs. For Parliamentarians to ably play the foregoing role partnerships are encouraged.
There is need to embrace and catalyse the bilateral formation of inter-country parliamentary friendship groups which will provide a practical medium for exchange of experiences. By reason of our historical proximity I expect that a number of such groups will be consummated if not born out of this conference. Hon. Members, ladies and gentlemen, the theme for this year’s conference is most instructive and deservedly choosen “Parliament and Development in the 21st Century: Thus far and
President Kibaki (front row, left) speaking to Speaker Marende (front row, right).
beyond'. As Parliamentarians under the auspices of the CPA we all subscribe to the practice of democracy if not parliamentary democracy which in many respects has basic comparables with development. Democracy is about expanding opportunities, promoting liberty, strengthening human capabilities and
The Parliamentarian | 2010: Issue Four | 347
Opening ceremony:Layout 1 22/12/2010 09:54 Page 348
OPENING CEREMONY
MESSAGE FROM H.M. QUEEN ELIZABETH II, PATRON OF THE CPA
•
The Hon. Kenneth Marende, E.G.H., M.P. Speaker of the National Assembly of Kenya and President of the Commonwealth Parliamentary Association As Patron of the Commonwealth Parliamentary Association, I am pleased to send you, and all the delegates of the fifty-sixth Commonwealth Parliamentary Conference, my best wishes for a successful and enjoyable meeting in Nairobi in September. I note with interest that this year’s theme for discussion will be “Parliament and Development in the 21st Century: Thus Far and Beyond’” I was also pleased to learn that Government and Opposition Members from approximately 170 Parliaments and Legislatures will be attending on this occasion. I much appreciate your kind message and hope that the Conference will give rise to stimulating and productive exchanges. ELIZABETH R. 28 August 2010
safeguarding human rights. Development on the other hand, not away from democracy, is about harnessing opportunities, enhancing economic freedom, ensuring equity and fair distribution of resources wherever, wheresoever, and howsoever. Both
must be implemented beginning from the local (or grassroots level) rising through to the global level to meet acceptance. Let me give us an idea as to the burden we carry and are under compulsion to address, and nay do something about:
•
•
•
Over 1/3 of the Commonwealth’s two billion citizens live on less than One US Dollar a day; Women constitute just about 3/4of all those living in poverty across the commonwealth; That almost 2/3 of HIV and
Hon. Marende speaking at a press conference during the CPA conference.
348 | The Parliamentarian | 2010: Issue Four
Aids cases in the world are in Commonwealth Countries; Half of the World’s 115 million children without access to primary school education live in Commonwealth countries.
My authority for these damning factual statistics being the Commonwealth Year Book, 2006 by Richard Green, the Common Wealth Secretariat and the UN Reports on MDG’s. In conclusion therefore, without being anticipatory, or attempting to be prophetic, your Parliaments have little choice but to speak to development and make it happen, otherwise our aspirations and struggle for democratic governance will be hollow. Democracy must deliver, where democracy flourishes, development is, human and people’s rights are upheld and there is integrity. Allow me your Excellencies, Hon. Members, ladies and gentlemen to wrap up the postulate with a quote from an American theologian Reinhold Niebuhr: “The perils of uncontrolled power are perennial reminders of the virtues of democratic society” and that “Man’s capacity for justice makes democracy possible, but man’s inclination to injustice makes democracy necessary”. I move to close by thanking you all for being here, commending the delegates, officers and staff of the CPA - for your tireless efforts to take forward our common belief in and commitment to parliamentary democracy, and the liberation and development opportunities it can bring. I sincerely express my appreciation to all Governments of the Commonwealth countries that have enabled the participants to attend. Please do take some time after the conference to sample some of Kenya’s natural beauty, ecological, environmental and touristic attractions. Enjoy the spectacular mosaic that is Kenya. Thank you all.
Opening ceremony:Layout 1 22/12/2010 09:55 Page 349
OPENING CEREMONY
His Excellency Hon. Mwai Kibaki, C.G.H. MP, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya On behalf of the Government and people of Kenya, I warmly welcome you all to Nairobi for the 56th Commonwealth Parliamentary Association Conference. It is gratifying that Kenya has been chosen to host this conference at a momentous time in the history of our Nation. We are fresh in the Second Republic following the promulgation of our new Constitution on 27th August. The choice of Kenya as the venue of the meeting underlines the confidence you have in our new Kenya. We are delighted to be your host and hope you will enjoy your stay in our country. It is also our earnest hope that your deliberations in the coming days will be enriching and rewarding and will be essential in strengthening Parliaments so as to be more responsive to the needs of the people. As Parliamentarians, we are all aware that our electorate looks upon us to provide solutions to the social, political and economic challenges facing them. The series of Commonwealth Parliamentary Association conferences held annually, therefore, provide a unique opportunity for Commonwealth Parliamentarians to share experiences and deliberate on solutions to the challenges facing the people. In this regard, I am glad to note that the theme of this year’s conference “Parliament and Development in the 21st Century: Thus Far and Beyond” is a timely and most appropriate theme. Indeed, the topics to be discussed under this theme comprise the key development challenges facing our countries. In particular, the issues of climate change and energy, status
President Kibaki addressing delegates at the conference in Nairobi.
of women, migrant workers as well as peace and security are relevant developmental challenges which we are confronted with today and which requires urgent attention. As regards the environment, we are aware that climate change continues to threaten our survival. As will be recalled, the Conference of Parties, held in Copenhagen in December last year ended in vain with regard to achieving a new climate treaty to replace the Kyoto Protocol which expires in 2012. Addressing climate change, therefore, remains an urgent matter. We must act responsibly to save our planet and the lives of our people. Parliaments must, therefore, take a more proactive role in lobbying their respective governments to commit themselves to reduce carbon emissions. This forum is an
opportunity for you, Parliamentarians, to further dialogue on the climate change debate which would inform consensus building on a postKyoto deal on greenhouse gas reduction which countries would be obliged to implement. As we deliberate on climate change, it is important to address the sustainability concerns linked to our continued reliance on conventional sources of energy, especially the consumption of fossil fuels in our day-to-day economic activities. The over-consumption of energy derived from combustion of fossil fuels have led to diverse and complex consequences which impacts adversely on countries. We therefore, have the obligation to cut down on the use of fossil fuels through conscious investments in low-carbon renewable energies
which are environment-friendly. These renewable energies include solar, nuclear and hydropower, among others. This underscores the need for Parliamentarians to take a lead in the development of enabling policy and legal framework for investment in renewable energies. During the United Nations Millennium Summit in 2000, we created a framework towards empowering women. Millennium Development Goal 3 is specific on the promotion of gender equality with the target of achieving 30 percent political representation of women. I am glad to note that this subject will attract consideration at the forum of Commonwealth Women Parliamentarians that is taking place concurrently with this conference. It is my hope that progress towards achieving gender
The Parliamentarian | 2010: Issue Four | 349
Opening ceremony:Layout 1 22/12/2010 10:14 Page 350
OPENING CEREMONY
President Kibaki greeting the Chairperson of the CPA, Hon. Dato’ Seri Mohd. Shafie Apdal, MP.
equity in our respective countries will be evaluated and recommendations made on the way forward. In Kenya, we are continuing to give greater attention to political participation of women because we recognize the critical role that women play in development. In this regard, I am happy that our new constitution has reserved 47 parliamentary seats for women representatives, who will be elected from each of the devolved county levels of government. The issues of migrant workers have attracted much attention. It is estimated that over 86 million people in the world work and live outside their home countries. This number is expected to rise with growing globalization characterized by freer flow of people, money, goods and services. We need as a Commonwealth community to urgently address issues that continue to affect these migrant workers, which include exposure to hostility as well as labour demand patterns that make migrant
workers vulnerable to exploitation and poor living conditions. In this regard, there is need for implementation of policies that protect migrant workers through an international cooperation strategy and improved migration management. Meetings of this nature can help to chart a path in ensuring suitable working terms and conditions within and outside countries. Efforts directed at combating illegal employment or trafficking must also rank high in our agenda. I wish to note that a number of nations in our Commonwealth community are this year marking the milestone 50 years anniversary of independence. This is therefore a defining moment in many nations. In Kenya we are this year marking our 47th Independence anniversary. It is therefore befitting that as a nation, we have made the bold step of reviewing and overhauling our governance structures to reflect the modern challenges and
350 | The Parliamentarian | 2010: Issue Four
opportunities that we face. Last month we voted for and enacted a new constitution as the basis of stability, progress and good governance. Our experience in enacting a new constitution offers valuable lessons in the journey to transform our nations. It is important to note that strong institutions of governance, especially the legislature, provide the capacity to deal in a meaningful way with the challenges of democracy and institutional reforms that are required for sustainable development. We are therefore happy to be ushering in a new constitutional dispensation that gives clear demarcations in the separation of powers between the executive, legislative and judicial arms of government. We are also glad as a nation to have in our constitution a ground breaking bill of rights that guarantees the access of fundamental and basic rights to our citizens. In this regard, I note that on the agenda at this meeting is the need for Commonwealth
Parliaments to address the challenges of sustainable development. We must make informed development policies in the areas of socio-economic development such as water and sanitation, energy, health and education. These are the basic rights people must enjoy in order to be productive and to lead dignified lives. In conclusion, I note with gratitude that the organizing committee of this conference has put in place a comprehensive programme that includes tours within and outside Nairobi City where delegates will have an opportunity to experience the beauty of our country. I urge you to take time out to sample our rich natural heritage and enjoy the warmth and hospitality of our people. With these remarks, it is now my pleasure to declare the 56th Commonwealth Parliamentary Association Conference officially open. Thank you and God bless you all.
Opening ceremony:Layout 1 22/12/2010 10:15 Page 351
OPENING CEREMONY
Rt Hon. Sir Alan Haselhurst, alternate to the Vice-President of the CPA, Rt Hon. John Bercow, MP, Speaker of the House of Commons, United Kingdom I always feel that there is a disadvantage that comes with being last in a line-up, in following on from such distinguished speakers, and I am mindful that we are running a little over time. However, I would like to take this opportunity to give a vote of thanks. It is my first duty and privilege to thank you Mr President for honouring us with your presence, and through you, the people of Kenya for your welcome and hospitality. I am conscious that my second duty is to convey to the conference the greetings of the Speaker, Rt Hon. John Bercow MP, the Lord Speaker, Rt Hon. Baroness Hayman, and of all my colleagues at Westminster for your welcome and hospitality. As the Head of the Commonwealth and Patron of the Commonwealth Parliamentary Association, Her Majesty The Queen noted in her reply to our Loyal Message, this Association has gathered government and opposition Parliamentarians from approximately 170 Parliaments and Legislatures to discuss “Parliament and Development in the 21st Century: Thus Far and Beyond”. Here in Kenya and throughout the Commonwealth it is our future we must look to. Fifty per cent of the Commonwealth population is under the age of 24, and we must remain mindful of the hope we can offer young people by the example of our working together. I take this opportunity to congratulate you Mr President, Speaker Marende and colleagues in the Kenyan Parliament for guiding through your new constitution.
Rt Hon. Sir Alan Haselhurst speaking on behalf of Rt Hon. John Bercow, MP at the opening ceremony.
The people of Kenya deserve credit for the very high turn-out in the recent referendum; a turn-out which is not always achieved where apathy prevails. We are pleased to be here at this important juncture in your constitutional development and we wish you well in the huge amount of work ahead of you with so much new legislation to be enacted. Under the excellent leadership of Speaker Kenneth Marende and Clerk Patrick Gichochi, we are confident that our fellow Kenyan Parliamentarians will take forward and succeed in this critical role for the Kenyan Parliament. We should not focus just on Kenya, however. We all have our responsibilities in advancing and enhancing the cause of parliamentary democracy; we all have our responsibilities in strengthening this Association and making it fit for purpose in a changing world. This conference is an opportunity to learn from each other.
Westminster is not too old a democracy to be unable to learn from others: India, our largest democracy, is a country from which we may draw experience and inspiration. Together, we can help all our members gain strength, and Westminster is absolutely committed to the cause of strengthening parliamentary democracy. We do our best to contribute to strengthening parliamentary democracy in the Commonwealth by linking Westminster to the World with our seminars, conferences, and with our parliamentary strengthening activities with partner Parliaments; and Commonwealth Parliamentarians may be assured of a warm welcome at Westminster. At conferences such as these, we all learn from each other. Since the U.K.’s general election, at Westminster there are 227 new MPs. I am delighted that our delegation has two of those new
members here today – one female and one male, in addition to more experienced Members from both Houses. I am also proud that the CPA UK delegation comprises five female Parliamentarians and five male Parliamentarians – food for thought! We are here to represent Parliaments not governments. But we must work with governments to scrutinize and hold them to account to ensure governments deliver democracy and development to this great Commonwealth family of nations of ours; richest and poorest, biggest and smallest, and which comprises over one third of mankind – those who elect us and whom we represent. I speak to you today representing the Speaker of the House of Commons, Rt Hon. John Bercow MP. As the House is sitting and as His Holiness the Pope will address both Houses of Parliament in Westminster Hall this Friday, Speaker Bercow is not with us. However, I know that Speaker Bercow looks forward immensely to addressing us here in the plenary at the General Assembly on Saturday morning. Like all of us at Westminster, he and the Lord Speaker look forward to hosting the CPC 2011 in July in London, a conference which will mark the centennial of founding of our original Association on 18 July 1911. We should not look back to the past 100 years, but rather look forward to the next 100 years. Starting here, starting now. In Nairobi, and then in London, let us aim to deliver for all our peoples that whole new place for which so many yearn.
The Parliamentarian | 2010: Issue Four | 351
Opening ceremony:Layout 1 22/12/2010 10:16 Page 352
CLOSING CEREMONY
Rt Hon. John Bercow, MP, Vice-President of the CPA and Speaker of the House of Commons, United Kingdom
Mr Speaker Marende, Mr Prime Minister, Chairperson Shafie, Secretary-General, fellow Parliamentarians, I understand that CPC 2010 has gone exceptionally well and I congratulate the Parliament on arranging and running a very good conference. On behalf of all the delegates and accompanying persons, thank you for your warm hospitality and for the very smooth administrative arrangements. Much will have been considered and achieved by the wide CPA family at this conference and I hope you will have addressed real matters of substance for parliamentarians and for those who elect us. I also hope that the important networking and
friendships made in the margins of the conference will last for many years. I am grateful to Sir Alan Haselhurst for standing in for me as Vice-President and for his excellent address at the opening ceremony on Tuesday. I add my congratulations to you Mr Speaker, Mr Prime Minister, Kenyan parliamentary colleagues and the Kenyan people on Kenya's very successful and peaceful referendum, new constitution and all the benefits it will bring to your wonderful country. I understand that Government and Parliament are now hard at work to produce over 50 related new pieces of legislation; we all understand the challenges that face you and I wish
352 | The Parliamentarian | 2010: Issue Four
you every success in your important task. Mindful of the Commonwealth Secretary-General Sharma's address in which he called for a reinvigoration of the Commonwealth, I look forward to CPC 2011, to leading the CPA in its centennial celebrations and to launching a reinvigorated CPA into its next 100 years. I am confident that Chairperson Moanna Mackay and the members of her CPA Working Party will make their initial positive and innovative recommendations to our Executive Committee when we meet in the Yukon in February. As Chairperson Shafie so eloquently charged the CPA to do in his address on Tuesday, no
change is not an option. It is so important for Parliamentarians, the Commonwealth, democracy and for coming generations to take the CPA forward by setting ourselves key performance indicators, increasing outputs and measuring the performance of our programmes, whilst enhancing transparency, governance and, in these challenging fiscal times, achieving value for money. I conclude by thanking Hon. David Musila MP and CPA Kenya for the excellent organization and I wish specifically to thank Clerk Patrick Gichohi, Michael Sialai and all those unseen and unsung members of staff who have worked so hard to make CPC 2010 successful.
Opening ceremony:Layout 1 22/12/2010 10:17 Page 353
CLOSING CEREMONY
Rt Hon. Raila Odinga, MP, Prime Minister of Kenya
I am very pleased to have the opportunity to speak to you at the end of this 56th forum of the Commonwealth Parliamentary Association. Thank you for choosing Kenya for this meeting. This meeting could not have come at a better time for us in Kenya. It came just over a month after we voted for and promulgated a new constitution and as we embark on formulating laws to anchor the new constitution. For those familiar with Kenya’s 2008 post-election story, and I know you all are, the strides Kenya has made in two years underscore the critical role Parliamentarians can play in creating stability in our nations. I know that a group of Kenyan
MPs led discussions here on the Role of Parliament in Peace Building. This forum could not have made a better choice than have our MPs lead discussions on this matter because they have seen it all. The MPs were there on that tense evening in 2008 when we gathered in our Parliament to elect the Speaker as a much divided house. They were there last month when we delivered a new constitution as one united nation. From our experience here, it is clear to me that when Parliamentarians set their eyes on a national as opposed to partisan agenda, a nation can move forward. As we embark on the
implementation of the constitution, it is important that we continue to work in a bipartisan manner in order to avoid conflicts. The Commonwealth Parliamentary Association has done well so far in directing members to focus on current issues facing humankind. Only in July this year, the CPA convened a conference on Climate Change. At that conference, you looked at the need for Climate Change to be addressed by multiple actors from global to local, and the ways in which Parliamentarians can support others in their responses to climate change. As we conclude this 56th forum, Climate Change is still an unfinished agenda. Here in Kenya,
we had plenty of rain and a bumper harvest last year. Now the weather experts are telling us to prepare for a drought. It is an experience that is shared by all countries. Climate Change remains one of the biggest challenges we have to deal with as leaders if we are to secure the 21st Century for our children and their children. Copenhagen was a big disappointment not only to the most vulnerable nations but to humanity as a whole. As you return to your various countries, I urge you to make Climate Change part of your parliamentary debate on economic development. I urge you to push for aggressive investment in renewable power generation and
The Parliamentarian | 2010: Issue Four | 353
Opening ceremony:Layout 1 22/12/2010 10:18 Page 354
CLOSING CEREMONY
energy efficiency which will protect our climate, while providing employment and growth. We still need more leaders and fewer politicians in this area. There is also the whole issue of democratization and governance particularly in Africa, but generally in a number of Commonwealth states.
“We must come up with practical ways to protect our fragile democracies, defend our human rights and tackle the problems of desperation and destitution.” I recognize that in a number of our countries, governments have become more responsive and representative and civic organizations are freer to demand transparency and accountability from their governments. The era in which most of this hemisphere was ruled by military regimes or personal dictatorships are fading from memory. Freedom of expression is flourishing in an independent and vibrant press. In many of our member countries, citizens are getting more involved in every aspect of governance; more women are running for political office and being appointed to high positions and indigenous and marginalized groups are increasingly being listened to. But I am also worried that this march towards democracy and openness may not be moving in step with a stronger investment in eradication of poverty and inequality. Without stronger investment in creation of job opportunities
President Kibaki (second from left), Hon. Kenneth Marende, MP, (centre), Prime Minister Odinga (second from right) and Hon. David Musila, MP, (far right).
especially for the younger generation, the greater freedom may only yield frustration and despair. To protect and sustain democracy in our various nations, we need to take up the challenge
354 | The Parliamentarian | 2010: Issue Four
of economic development. There is evidence that grinding poverty leads to hopelessness in citizens who see no hope for their children. They begin to question the rights and benefits of citizenship. They get dissatisfied with the
performance of elected governments. They get disillusioned with democracy itself. As law makers and watchers of the Executive, you have an obligation to ensure governments invest in youth
Opening ceremony:Layout 1 22/12/2010 10:18 Page 355
CLOSING CEREMONY
programmes, promote fair trade and honour their commitments to the Millennium Development Goals. I am also concerned, and I believe you are too, that even as a large number of our nations march
towards democracy and respect for human rights, a number are backsliding into dictatorships and military rule. It is incumbent upon you to come up with ideas that can translate into acceptable
policies to address these challenges. We must come up with practical ways to protect our fragile democracies, defend our human rights and tackle the problems of desperation and destitution.
As we complete the first decade of the 21st Century, it is important for CPA to deliberate on its role in democratization, economic transformation and good governance among member states. I believe being members of the Commonwealth commits us to help one another when our democratic institutions are threatened. I believe the Commonwealth can be an instrument that provides for sanctions when a serious challenge to the democratic order occurs. But the Commonwealth must also be an instrument for providing technical assistance and moral encouragement to prevent democratic erosion early enough. In this regard, I want to thank the Commonwealth for agreeing to provide experts to help with the drafting of laws to anchor our new constitution. In conclusion, I want to urge the Commonwealth to be proactive and consistent in applying the rules of democracy. We must have the capacity to monitor and detect potential threats to democracy like violation of the integrity of central institutions, elections that do not meet international standards, constitutional amendments to extend presidential terms and failure to hold periodic elections or to respect electoral outcomes. I am convinced that you have fully used this forum to test your ideas and debate the best way forward in addressing these challenges that face all of us in varying degrees. If we are to secure the 21st Century for our children and their children, it is important for our parliaments to examine their roles in defending the integrity of central institutions of our nations. Thank you all. It is now my pleasure to declare the 56th Commonwealth Parliamentary Association conference closed.
The Parliamentarian | 2010: Issue Four | 355
CWP1:Layout 1 22/12/2010 10:22 Page 356
COMMONWEALTH WOMEN PARLIAMENTARIANS: WOMEN IN PARLIAMENT 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Commonwealth Women Parliamentarians - 13 September 2010
STRATEGIES TO INCREASE WOMEN’S REPRESENTATION IN PARLIAMENT Moderator: Ms Kashmala Tariq, MNA, Chairperson, Commonwealth Women Parliamentarians Discussion Leaders: Hon. Dancia Penn, QC, MHA, Deputy Premier British Virgin Islands; Ms Janet Ryder, AM, Wales; Smt. Harsimat Kaur Badal, MP, India
Summary The representation of women in leadership is critical for development and democracy in any country. However, women Parliamentarians noted that despite increases in female representation, progress has been slow and women still struggle to acquire and maintain leadership positions. Culture and traditions were identified as the main challenges to the low representation of women. Strategies to improve female representation were advanced with examples from India, Wales, the Caribbean and the Americas. Strategies put forward included: affirmative action in terms of quotas or reserved seats especially at the political party level, increased access to and training of women in leadership skills, expanded scope for women at the grassroots level, synergized efforts to fight terrorism and violence which affect women the most, the equipping of women with the skills to gain media attention. Other strategies proposed
356 | The Parliamentarian | 2010: Issue Four
included: the formation of crossparty parliamentary women’s groups, reforms to existing laws to promote gender equity, partnerships with the media and civil society organizations, the reform of electoral systems to adopt proportional representation and the creation of a campaign school to train women on campaigning skills and how to survive in politics and public life. There was agreement that there is a need to expose young women to parliamentary activities so as to boost their confidence and prepare them for political life as women are criticized for trivial things such as their make-up choice. Discussion leaders called on women to support each other if they are to increase representation in leadership positions. Despite various efforts by International bodies and conferences such as the 1975 UN World Conference on Women, the Beijing Plan of Action and the UN Convention on the Elimination of All Forms of Discrimination against Women, representation of women
in most democracies has been increasing slowly and is still considered to be very low. The participants felt that it was imperative to increase representation of women in leadership and especially the political circles. The electoral systems and political parties were considered key areas to be focused on that would ensure increase of women in leadership. The proportional representation electoral system was stated as the preferable system in ensuring increased women incorporation in political leadership. Report Smt Harsimat Kaur Badal, MP, (India) began the discussions by giving a brief overview of the Indian status and said that India had made great progress in having many women leaders. In India the principle of gender equality was enshrined in the constitution with a third of the seats reserved for women in elected offices, a National Commission for Women and a Standing Joint Parliamentary
CWP1:Layout 1 22/12/2010 10:22 Page 357
COMMONWEALTH WOMEN PARLIAMENTARIANS: WOMEN IN PARLIAMENT
Committee on the empowerment of women were also in place to safeguard against discrimination of women. However, the Lower House (Lok Sabha) fell behind in female representation as only 10.82 per cent of Parliamentarians in elected House were women. Smt Badal noted culture was an impediment to women representation and said there was a need for affirmative action with a view to maintain at least 30 per cent of seats for women especially by the political parties. This should be coupled with the empowering of women at the grassroots level in order to generate confidence building and encourage women to participate more in decision making and shed the perception that men were the only ones capable of being leaders. She furthers emphasized the need for training of women at a young age
so that they could acquire leadership skills. She noted that terrorism and violence in many countries affected women the most and added that women Parliamentarians should synergize their efforts in enhancing the fight against terrorism and other acts of violence. Smt Badal concluded by saying that effective strategies should be applied in tackling underrepresentation of women in the economic, social and cultural spheres. Hon. Dancia Penn, OBE, QC (British Virgin Islands) outlined the achievements of women and the increase in leadership representation from the countries in the Caribbean. Despite British Virgin Islands having a small population of 130, 000, women had made great strides and were leaders in the academia, church,
labour movement and had long standing histories in the teaching industry. Trinidad and Tobago appointed the first woman PM with others including Bermuda, having a female Deputy Premier. The Caribbean was advanced in achieving the MDGs though the numbers vary from country to country and the gains were not uniform across the board. She cited the cast of political campaigns in different regions and uncertainty of the future as a deterrent to women holding leadership positions. Strategies put across by the lead speaker included networking through cross party women parliamentary groups to enhancing support with membership from elected and non-elected women. She considered political parties as key in enhancing women participation in leadership and said
The outgoing Chairperson of the CWP, Ms Kashmala Tariq, MNA, speaking at the workshop.
The Parliamentarian | 2010: Issue Four | 357
CWP1:Layout 1 22/12/2010 10:23 Page 358
COMMONWEALTH WOMEN PARLIAMENTARIANS: WOMEN IN PARLIAMENT
Hon. Dancia Penn, QC, MHA, (British Virgin Islands).
that they should be mandated to include more women candidates at National and constituency levels. Women did not vie for political offices because the tradition had upheld men as leaders and women didn’t consider themselves as capable of being leaders. Leadership training especially for young women was an important strategy in building the confidence of women and helping them acquire the necessary skills to survive in politics. Youth should also be involved in parliamentary activities and be exposed to leadership and public service from a young age. Women leaders urged to capitalize on reforming existing laws to ensure they were gender sensitive and that they had provisions for women issues such as maternity leave and the rights of pregnant women among others.
The media and CSOs were critical in the quest for women representation and there was a need to partner with them. She pointed out that women leaders were under more scrutiny by the public over trivial attributes such as their style of hair, make-up and choice of clothes but they should learn to be tough and confident. A module for enhancing women representation was currently underway in the Islands and would be shared amongst all CWP members. Ms Penn commended CWP as a key driver towards increasing women representation and encouraged women in leadership to perform in an exemplary way and support each other. Ms Janet Ryder, AM, (Wales) provided a snapshot of Wales and said that it had a small population of about three million with 51 per
358 | The Parliamentarian | 2010: Issue Four
cent being women. Only 12 women had ever been elected in Wales to become Westminster MP’s since women gained the right to vote in 1918. Though it was mostly accepted that a significant proportion of women needed to be present in an organization to affect change, female MPs in Wales were currently only seven out of 40 representing 17.5 per cent. In contrast, the National Assembly in May 1999, 40 per cent of the Assembly members elected were women and that rose to 50 per cent in 2003. The most senior civil servant – ‘Permanent Secretary’ – in Wales was a woman, as was the Chief Executive Officer and Clerk to the National Assembly. She noted that a high proportion of women representatives was critical as it had an effect on both the policy agenda and the style of
interactions between politicians, both cross-party and within-party as women tended to be more consensual than adversarial. Strategies put up in Wales included mandating teachers to promote equal opportunities in schools and other strategies such as the Forced Marriage and Honour Based Violence Action Plan, and “Tackling Domestic Abuse: The All Wales National Strategy”. The Assembly developed the “Have Your Say” initiative to encourage everyone to understand, engage and participate in Welsh democracy. Other initiatives include promoting the participation of young people in public decision-making through various programmes. Hindrances to increased women representation highlighted included cultures and long and rigid work hours which could
CWP1:Layout 1 22/12/2010 10:24 Page 359
COMMONWEALTH WOMEN PARLIAMENTARIANS: WOMEN IN PARLIAMENT
conspire against women who had other caring responsibilities. This was further exacerbated by the poor economic capacity of women. Ms Ryder felt that strategies had to include the use of positive measures for selection of candidates by political parties to ensure women had seats thus increasing their representation share. Constitutional changes were also key in providing the opportunity to create institutions that were more inclusive of women and promoted equal opportunities. Hon. Leonne Reodore-John (Saint Lucia) felt that when women presented themselves for electoral office they were exposing themselves to criticisms and emphasized that they should be prepared to take the slander in politics. Hon. Abraham Ntantiso (Eastern Cape) urged women to
Above: Indian Members Smt. Ingrid Mcleod, MP, (left) and workshop discussion leader Smt. Harsimrat Kaur Badal, MP, (right). support each other in politics and it should be understood that the struggles were not against men but against the existing inequalities. Hon. Lindiwe Maseko, MPL (Gauteng) noted that electoral systems had to guarantee women seats such as the proportional representation system in place in South Africa. She also said that leaders should have a political will to increase women representation and urged women to mentor and support each other. Ms Juliana O’Connor-Connolly, JP, MLA, (Cayman Islands) urged women to support each other and said that the CPA should collate women activities in the
Commonwealth to enhance support of each other. Hon. Marian Horne (Yukon) said that violence against women had to end and the fight for women’s rights should continue despite having increased women leaders. The youth needed to be educated in order to change the attitudes towards women leadership. Ms Bharati Mukherjee (West Bengal) emphasized the need for economic empowerment and legal aid to empower women. Ms Beatrice Lagada (Uganda) was concerned that women representation was low at the decentralized governments yet it was where they were most required. She cited the power play between men and women and the lack of resources which was critical in politics especially campaigns as some of the hindrances to increased women representation. Hon. Dato’ Noraini Ahmad (Malaysia) was concerned with the low number of women MPs in Malaysia with only 11 per cent at lower and 31 per cent at upper house and said that women candidates needed special assistance in order to survive in power and increase representation. Hon. Jennifer Vel, MNA, (Seychelles) the youngest women MP in Seychelles at 27 years was first elected when she was 24. She noted that politics was indeed “dirty” and that young women were afraid of joining politics because they didn’t want public invasion in their private lives. She was critical of the fact that most of the time it was women who did not support their colleagues and she therefore called on all women to support each other. She noted the critical role played by political parties in enhancing female representation in leadership positions. Ms Claire Trevena (British Columbia) agreed that young women did not want to get involved in politics due to the confrontational nature of politics in most countries.
She put across the strategy of a women’s campaign school which trained women on how to run campaigns and survive in politics as key in increasing women representatives. She stated that expectation of women to look perfect was high in most countries thus reinforcing the need to have networks of female support. Ms Sushila Tiriya, MP, (India Union) stated that despite having many women leaders in India, struggles for increased female representation were still high especially in the rural areas. This was because most women were poorly educated and received little training. She suggested the adoption of a resolution by CPA to enhance representation of women without focusing too much on their education levels. Smt Badal stated that though India was the largest democracy in the world, struggles still existed just like in other countries and women had to strive to support each other. She was pleased that the number of women in leadership was increasing and that women were getting ahead. She finalized by saying that the policies of women in CWP ought to be taken into consideration at higher levels. Ms Penn observed that the CPA was celebrating its centenary in 2011 and that CWP was only a few years but great strides had been made and there was an even brighter future ahead for the women. She urged women to ignore the little public criticisms such as their hair, makeup and choice of dressing. She commended the campaign school which she felt would go a long way in boosting women’s confidence and increasing their representation in politics. She finally stated that politics was “dirty” everywhere and women had to develop a thick skin and focus on their work and development. She finally announced the Africa region had developed a CWP anthem which was to be played later during the conference.
The Parliamentarian | 2010: Issue Four | 359
CWP2:Layout 1 22/12/2010 10:25 Page 360
COMMONWEALTH WOMEN PARLIAMENTARIANS: WOMEN IN DECISION-MAKING 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Commonwealth Women Parliamentarians - 13 September 2010
ENHANCING PARTICIPATION OF WOMEN IN THE DECISIONMAKING PROCESS Moderator: Hon. AminaAbdalla, MP (President, CWP) Discussion Leaders: Ms. Kashmala Tariq, MNA, CWP Chairperson; Hon. Prof. Margaret Kamar, MP, Kenya; Hon Maria Minna, PC, MP CWP Steering Committee Member, Canada Region; Ms. Moana Mackey, MP, New Zealand.
Summary Recent democratization of societies leading to political, social and economic transformation adds impetus to women’s struggle for greater influence in public life. Throughout history women have not been accorded adequate facilitation and goodwill to actively engage in national electoral processes on an equal footing with men. Sustained domination of leadership positions by men persistently grants women minimal opportunities to exploit their full potential. Therefore, a continuous critical analysis and review of the barriers women encounter is desirable. Issues outlined in the discussions that stand in the way of women and are perpetuated globally include: • •
360 | The Parliamentarian | 2010: Issue Four
Legal mechanisms that are unresponsive to women; Attitudinal, cultural and structural impediments in society that ostracize women and deter upward political mobility;
• •
• • •
Economic disparity between men and women; Non-democratization of political parties and lack of practical policies to address gender issues; Women’s access to technology and media; Violence against women running for political office, and Lower education levels and opportunities and a deliberate lack of leadership capacitybuilding for women.
Women Parliamentarians concurred on the effective tools to promote women in politics, such as: mentorship opportunities among them; establishment of a women’s wing in political party structures; caucuses for women Parliamentarians; quotas and reserved seats, and financial assistance to women seeking political seats. Overall, affirmative action cutting across all sectors was deemed the best action to favour women. Facilities in institutions like Parliament and offices can be made female-
friendly to nurture young women leaders. Report Hon. Prof. Margaret Kamar, MP, (Kenya) gave an introductory remark by quoting the former UN Secretary-General Kofi Annan: “Study after study has shown that there are no effective development strategies in which women do not play a central role.” When women were fully involved, he noted, the benefits were immediate – families were healthier and better fed and their income, savings and investments increased. “What is true of families is also true of communities and, in the long run, the whole country.” Although she noted there had been heightened debate on affirmative action for women, it was becoming clearer that meeting Millennium Development Goals (MDGs) which stipulated gender equality in the political stratum by 2015 would not be an easy task. She pointed out that there was a lack of support from political actors in addressing gender imbalance in
CWP2:Layout 1 22/12/2010 10:26 Page 361
COMMONWEALTH WOMEN PARLIAMENTARIANS: WOMEN IN DECISION-MAKING
decision making. Much like the debate around affirmative action, those opposed to quota systems stated they discriminated against men. Recent democratization of societies leading to political, social and economic transformation had added impetus to women’s struggle for greater influence in public life. Throughout history women had not been accorded adequate facilitation and goodwill to actively engage in national electoral processes in equal footing with men. Sustained domination of leadership positions by men persistently granted women minimal opportunities to exploit their full potential. Ms Kamar also noted that, enhancing participation of women in decision making required a continuous critical analysis and
review of the barriers to women participation in decision making. Some of the main issues cited and perpetuated globally included: Legal mechanisms that were unresponsive to half of the population; attitudinal, cultural and structural societal impediments that ostracized women especially in their quest for upward political mobility; economic disparity between men and women; nondemocratization of political parties and lack of practical policies to address gender issues; women’s access to technology and media; violence against women running for political office; lower education level and opportunities and lack of deliberate capacity building of women on leadership. The Beijing Platform for Action encouraged strengthening national mechanism and other government bodies by ensuring
women equal access to and full participation in power structures and decision making and increasing women’s capacity to participate in decision making and leadership. This could be achieved by enforcing accountability mechanisms in our Parliaments to ensure that when women got into Parliament; their actual impact was supported. Other structural mechanisms included: political context in which their respective national assembly functioned, engendered rules of parliamentary procedures, support and advocacy strategies 0f women Parliamentarian political caucuses such as CWP and capacity building to enhance women knowledge on the legislation process. Hon Maria Minna, PC, MP (CWP Steering Committee Member for the Canada Region), stated that an analysis of 2000
Discussion leaders Ms Moana Mackey, MP, (left) and Hon. Prof. Margaret Kamar, MP (right). international organization ILO data for 70 countries revealed that women held 27 per cent of positions that were classified as having status. Representation of women varied between 10 per cent on average in the Middle East to around 30 per cent in developed economies. In 2003, women represented 20.9% at a United Cities and Local Government survey of 67 countries. Africa and Asia were among the countries with the highest proportion of women as councilors. Among the 10 countries with the highest proportion of women in local government seats, there were seven Commonwealth nations.
The Parliamentarian | 2010: Issue Four | 361
CWP2:Layout 1 22/12/2010 10:26 Page 362
COMMONWEALTH WOMEN PARLIAMENTARIANS: WOMEN IN DECISION-MAKING This included Namibia, which gained the greatest proportion of women in local government seats in the 2004 elections reaching 45 per cent, South Africa 40 per cent, India 38 per cent,, Uganda 33 per cent New Zealand 31.5 per cent, U.K. 29.7 per cent and Australia with 26.3 per cent. Quotas guaranteed women a certain proportion of seats at the local level in certain countries among them Bangladesh, Pakistan, India, Uganda, Namibia and South Africa, where women held between 24 per cent and 45 per cent of seats. Quotas could be implemented at the national level, and include reserved seats (constitutional and/or legislative and legal). Mentorship opportunities could be effective at promoting women in politics, such as the establishment of a women’s wing in a political party or a caucus for women Parliamentarians of all parties. In addition, financial assistance to women seeking
political seats constitute was critical. Notably, many women in media had limited input in the news stories. According to the 2005 Global Media Monitoring Project, 5.7 per cent of all television news presenters were women, yet only 29 per cent of news items were written by female reporters. As well, around 32 per cent of “hard” news was written or covered by women, while the majority of women reported on “soft subjects, such as social issues, the family or arts. To improve on this area, media owners could set targets to increase the number of women in the decision making position and assure improved employment conditions, which could include sexual harassment protection and family friendly policies. To help break the “glass ceiling”, media owners could implement open and transparent procedures for promotion. Networking and mentoring had been seen as effective strategies to encourage
362 | The Parliamentarian | 2010: Issue Four
the entry and ongoing success of women in the media arena. Within the labour force, despite the ongoing educational advances for women, the participation of women in the economic decision making process remained low, even in developed countries. Women were not well represented on the boards of major companies. In 2008, among large firms of the organization for Economic Cooperation and Development (OECD), 46 per cent had no women on the board, while only 2.3 per cent had more than one woman. To address this shortage of women on the boards of directors, some corporation had established clear targets, while some countries (such as Finland, Norway, Denmark, Greece and Sweden) had implemented quotas to set the representation of women on the board at 40 per cent. Another strategy was to better recognize the value of women’s unpaid work – the government could ensure
that women’s unpaid services such as household duties and childcare were included in the nation wealth calculations. Ms Minna concluded by highlighting other strategies to encourage women’s participation by providing greater access to children’s facilities that were subsided and monitored by public authorities and to encourage or legislate flexible work arrangements, such as the ability to request modified schedules, the ability to access paid parental leave, and the promotion of teleworking. Hon. Moana Mackey, MP, (New Zealand) said that there was need to support Parliaments with less women representation. She noted that the culture of a number of Parliaments was still patriarchal, and gave an example of New Zealand in the 1930s and 1940s where women were not allowed in some parts of Parliament like bars and the smoking room. Parliaments should be made more
CWP2:Layout 1 22/12/2010 10:27 Page 363
COMMONWEALTH WOMEN PARLIAMENTARIANS: WOMEN IN DECISION-MAKING home-friendly to include even a breast feeding room for young women members of Parliament. Groups like the CWP had to be encouraged to bring together women from across Parliament and political parties to discuss issues that affected women at home and overseas. The discussion cited the case of the Parliament of Uganda, where women MPs recently blocked the budget because the budget line for women issues was not there as promised. This showed working together with women across political party spectrum was incredibly important and could often be a very powerful symbol of the importance in pursuit of particular issues. Another issue was women and society. Because many of the Parliaments did not have many women and some none at all, we needed to ensure that women did not have to be in Parliament in order to have a significant input in the decision making
process. Noting that New Zealand had a very good select committee system, where major issues, every single piece of legislation, regulation of every single government department and minister had to appear before a select committee, the public had a right to participate in the legislative process by giving a submission. NGOs, lobby groups and individuals came to this committee and engaged with the MPs by questioning them. A large number of women came forward to participate in this process ensuring that women got involved in the process even if they were not members of Parliament. Further, New Zealand had adopted a chicken balance process, where for every five slots, it was checked how many women there were to ensure that representation was achieved. This ensured proportional representation which had been a
Left and below: Delegates at the workshop.
process that had brought about a high level of representation in New Zealand. Ms Janet Ryder, AM, (Wales), stated that representation in Wales was balanced between men and women. However, outside the National Assembly, there were very few women in top decision making positions. Women always ended up struggling to have their voices heard. Until recently, there had been no women vice-chancellors in the universities. Hon. Nomanindia. Mfeketo, MP, (South Africa) said that women made decisions in their homes yet there was an absence of women in the political and private sector. It was essential to empower women at the basic level in order to participate in the national level – bring up women from the local participation. Hon. Lifaka Emilla, MP, (Cameroon) argued women were afraid to take risks in the political arena. She added that it was difficult to become a successful mother, wife and politician. She challenged women Parliamentarians to sensitize young people on the issues of participation in decision making process. Masi Garba (Nigeria) asked how many women were in the top priority seats at the CPA Secretariat. She also stated that in Nigeria, there was a political will and that the first lady’s initiative had been a major contribution in enhancing women’s participation in the decision making process. Hon. Jennifer Vel, MNA, (Seychelles) voiced the need for the empowerment of women. She noted that girls were doing very well in education. She also pointed out that gender roles were changing and gave an example of her own country of an airline where the entire flight crew we female. Hon. Olly Mlamleli, MP (Free State) sought to know from the lead speakers how the ability of
women could be harnessed. She voiced that there was a need to share best practices and that to empower women, there was a need to train them in income generating skills. She also asked whether we were doing enough to close the gap between men and women in the decision making process. Ms Bharati Mukherjee (West Bengal) emphasized the need for confidence building among women and that policies and legislation should be adequately implemented in enhancing women participation in the decision making process. Mrs Charlotte L’Ecuyer (Quebec) stated that in her country there was a drop in women representation in the last election to merely three per cent. Prof. Kamar in her response stressed the need to prepare boys to work well with girls early on in life. Ms Minna reiterated the need to focus on assisting women to participate at all levels. She also pointed out that the more women that participated in the decision making process the more they would change the political culture. Hon. Moana Mackey (New Zealand) raised the point that women should plan ahead and be proactive in getting to a leadership position. Ms Ryder asserted that positive measures to ensure constitution change to bring about change in decision making were required. Ms Abdalla advised women to concentrate on high positions, quality of representation, speaker, chairs of committees, and the judiciary. Ms Kashmala Tariq, MNA, in her final remarks, emphasized the need to pressurize the political parties to embrace international ratifications on women’s issues. She also noted that women were agents of change, and encouraged coordination and creation of linkages.
The Parliamentarian | 2010: Issue Four | 363
CWP3:Layout 1 22/12/2010 11:34 Page 364
COMMONWEALTH WOMEN PARLIAMENTARIANS: MIGRANT WORKERS 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Commonwealth Women Parliamentarians - 13 September 2010
WOMEN AS MIGRANT WORKERS
Moderator: Ms Kashmala Tariq, MNA, Chairperson, Commonwealth Women Parliamentarians Discussion Leaders: Hon. Lindiwe Maseko, WGE, MPL, Speaker, Gauteng Provincial Legislature & Former Chairperson of the CWP; Dr the Hon. Sudharshanee Fernandopulle, MP, Sri Lanka; Hon. Dato’ Noraini Ahmad, MP, Malaysia; Ms Nisha Prichard, Deputy Regional Programme Director, UNIFEM.
Summary The global context of migration fuelled by rapid globalization of economies and demand for lowwage services is rapidly changing with numbers of female migrants on the rise. This increasing “feminization” of migration has turned the spotlight on the unique challenges women migrant workers encounter. The general view was that emerging trends impacted on gender roles and are a departure from the traditional view of women as social producers and wives. This is leading to change in family structures as women migrant workers become financially empowered. Migration is mutually beneficial with immense opportunities either way in terms of human, economic and social capital. However, available international conventions and protocols fail to address the special circumstances of female migrant workers who are usually more exposed to human rights abuse than male counterparts. Women Parliamentarians were
364 | The Parliamentarian | 2010: Issue Four
urged to be vigilant and press their governments to sign and ratify relevant conventions. The meeting was unequivocal in insisting that governments should revise legislation to transform women migrant workers from victims to victors. Migrants are looking for basic human rights: safety, a home, and an enabling environment to provide for themselves and their families. All these rights are guaranteed to them under international human rights laws. Report Hon. Lindiwe Maseko, MPL (Gauteng) initiated the discussions and went on to point out that by 2005 women migrants accounted for approximately 49.6 per cent (95 million) of migrants worldwide. With increasing “feminization” of migration, the plight of women migrant workers had recently come to the spotlight and further caught the attention of academics and activists. Focus had primarily been placed on women who worked in informal positions, such
as domestic workers, sex workers and factory workers. The study of women migrant workers who worked in professional occupations, such as diplomacy, executives in international organizations and corporations was a topic that had been underresearched. In the African context, she highlighted the rapid shift from the traditional “push” and “pull” factors causing migration, and pointed that African women were also leaving their home countries to work in high-level positions as representatives of their countries abroad, or as high-level employees at international organizations and corporations. Incidentally there was no standard or generic profile of a migrant worker. The UN Convention on the Rights of Migrant Workers and Their Families stood out as the most comprehensive to date. Yet, only 43 States were party to this most progressive of the conventions. Out of these, only nine were Commonwealth member States
CWP3:Layout 1 22/12/2010 11:36 Page 365
COMMONWEALTH WOMEN PARLIAMENTARIANS: MIGRANT WORKERS
Hon. Radampala Gamage Sriyani Wijewickrama, MP (left) and discussion leader Dr the Hon. Sudharshanee Fernandopulle, MP, (right) from Sri Lanka.
(Belize, Ghana, Lesotho, Nigeria, Rwanda, Seychelles, Sri Lanka and Uganda). A majority of the states that had ratified the convention were only primary states from which migrant workers originated.
None of the States that were popular destinations of the migrant workers had signed the convention. This was a clear pointer of the challenge ahead for women Parliamentarians in the
advocacy for the protection of women migrant workers noting that available international conventions and protocols failed to address the special circumstances of women migrant workers. The Parliamentarian | 2010: Issue Four | 365
CWP3:Layout 1 22/12/2010 11:36 Page 366
COMMONWEALTH WOMEN PARLIAMENTARIANS: MIGRANT WORKERS
Ms Maseko called for a shift away from the emphasis placed on preventing the victimization of women and instead to seek measures and strategies to empower female migrant workers. More importantly, women migrant workers were a resource that should be utilized; and if utilized optimally, could hold many benefits for the economies of the sending and receiving states, the families of women migrant workers, and most importantly, for the woman migrant worker herself in terms of human, economic and social capital. Another dimension was that by empowering women migrant workers and providing them with regulated opportunities, women migrant workers could contribute to the achievement of three of the Millennium Development Goals (MDGs), namely reducing poverty, promoting gender equality and establishing global partnerships for development. Dr the Hon. Sundharshani
Fenandopulle, MP, (Sri Lanka) further reiterated that short term women migrant workers were on the increase especially in Asia. Majorities were employed as unskilled and low wage workers and were not protected under international laws. On the positive side, private remittances now constituted a significant portion of domestic economies in some countries in the region. It was estimated that Sri Lanka, for instance, was currently receiving approximately US$ 3 billion in remittances per year from migrant workers in the diasporas. She urged women legislators to play a more vigorous role in ensuring the protection of women migrant workers. Hon Dato’ Noraini Ahmad, MP, (Malaysia) said that Malaysia was a popular destination for women migrant workers in the Asia region. Many of the women migrant workers entered the country illegally and therefore ended up
366 | The Parliamentarian | 2010: Issue Four
working in unregulated sectors where wages were low and working long hours. The working conditions for such migrants were always below the normal
“...women Parliamentarians had an eminent role to play in ensuring that migration was beneficial to these unsung heroes who had ventured out to fend for their families.” expectations. However, government authorities carried out impromptu inspections to
familiarize with the working conditions of women migrant workers, and to guarantee their protection against exploitation. Ms Nisha Prichard, UNIFEM, pointed out that globalization had provided a new entry point for migrant labour into economies, particularly in the service sector. However, while globalization could foster acceleration of trade and investment, it had consistently failed to create an environment that protected the migrant worker’s economic, social and physical security. Migrant workers were often illiterate or semi-literate and had limited knowledge and access to information regarding their rights and immigration regulations. This opened them to vulnerability manifested through abuse and exploitation, and in the worst cases ended up being deported to their home country. In addition, hostility against migrant workers in host countries often led to them being
CWP3:Layout 1 22/12/2010 11:37 Page 367
COMMONWEALTH WOMEN PARLIAMENTARIANS: MIGRANT WORKERS
resented and marginalized. Such xenophobic tendencies had been a cause of riots across the world, driven by the fear that migrant workers would take away available jobs. Monetary investments used for food, housing, education and medical services, along with newly acquired skills of returnees, could potentially contribute significantly to poverty reduction and achieve the Millennium Development Goals (MDGs). Drawing from UNIFEM viewpoint, Ms Prichard indicated that several areas that needed actions by governments, civil society and private sector had been targeted. These included laws and policies to measure up to international standards set by actors such as the Beijing Declaration and Platform for Action, and the Convention on the Elimination of all forms of Discrimination Against Women
(CEDAW). Put briefly, Migrants were looking for basic human rights: safety, a home, and the ability to provide for themselves and their families - all rights guaranteed to them under international human rights laws. Interventions from the floor were varied and were categorical that the plight of women migrant workers was at stake, and women Parliamentarians had an eminent role to play in ensuring that migration was beneficial to these unsung heroes who had ventured out to fend for their families. Ms Sushila Tiriya, MP, (India) informed the session that India’s Upper House had passed the Immigration Management Bill to address immigration issues which was now awaiting debate in the Lower House. This would be a critical step in addressing the plight of migrant workers in the Union. Mrs Charlotte L’ Écuyer (Quebec) reiterated that the concern over the rights of women
Left: Delegates at the workshop; Above: Mrs Charlotte L’ Écuyer, MNA, (Québec).
migrant workers called for prioritization and urgent discussion in Parliaments. She challenged women Parliamentarians and CWP to ensure governments bought into the outcomes of this forum. Hon. Alix Boyd Knight, MHA, (Dominica) raised the issue of exploitation of domestic workers. She urged CWP members to treat those who were in domestic employment with respect and dignity. In addition, she urged members of the CWP to pursue legislation to regulate domestic workers in their respective countries and to have the benefits cascade to migrant workers. She added that CWP should have this as part of the agenda in future conferences.
Hon. Alfreda Chilekwa Mwamba, MP, (Zambia) reiterated the need for women Parliamentarians to be vigilant and exercise sensitivity on the plight of women migrant workers as hostility towards migrant workers was an ever-present phenomena. Hon Metiria Turei, MP, (New Zealand) called for use of bilateral and multilateral agreements to protect women migrant workers some of whom were forced to migrate by reasons beyond their control. Human trafficking had also infiltrated the migration process and women were particularly targeted. Hon. Veronica K. Kekesi (North-West) challenged women around the world to set the pace in the protection of women migrant workers by treating domestic workers in their homes with dignity and respect. Hon. Dr Margaret Nasha, MP, (Botswana) commended that the problems mentioned in the foregoing deliberations could be managed by women themselves. As a first step, women had to begin speaking out to make men sensitive to the plight of women migrant workers. The challenge touched even the professional women migrants noting the fact that husbands rarely joined their wives when given diplomatic assignments while women gladly forwent their jobs and ambitions to follow their husbands when on diplomatic tour of duty. In concluding the deliberations, the moderator Ms Kashmala Tariq, MNA, appealed to CWP members to pressure their countries to sign international conventions and protocols that sought to protect the rights of women migrant workers. To conclude, Ms Abdalla acknowledged the support the Kenya Women Parliamentarians (KEWOPA) secretariat had been receiving from UNIFEM in its efforts to empower women.
The Parliamentarian | 2010: Issue Four | 367
CWP4:Layout 1 22/12/2010 11:57 Page 368
COMMONWEALTH WOMEN PARLIAMENTARIANS: POLITICAL PARTY REFORM 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Commonwealth Women Parliamentarians - 13 September 2010
REFORM OF POLITICAL PARTIES – WORKING TOWARDS DEMOCRACY Moderator: Hon. Amina Abdalla, MP, President, Commonwealth Women Parliamentarians Discussion Leaders: Sen. the Hon Helen Coonan, Australia; Hon. Metiria Turei, MP, New Zealand Parliament; Ms Susan Markham, Director, Women Political Participation, National Democratic Institute.
Summary Effective political party structures are central to democratic ideals and the effective functioning of electoral systems. Backed with progressive reforms, political party reforms also accelerate female participation in democracy and decision-making. Kenya’s new constitution was lauded for its reformist orientation including reforms to political parties. Despite skewed representation favouring men in the higher echelons of political parties, women still make up the majority of party followers. Any changes undertaken should ensure the cultural base of the community is reflected in its constitution and in arrangements to share party positions. Transparent processes are a significant step in reforming political parties. Gender equity in all leadership roles is the entry point to kick-start political party reforms. Equity in party leadership positions is a major step in the democratization of a society. Strict adherence to a proportional
368 | The Parliamentarian | 2010: Issue Four
system helps in entrenching female participation in party echelons. The session reiterated that agitation by women for equity is continuing to redefine what democracy ought to be and the direction to take to remain relevant. Participatory democracy must also cascade to women’s participation and representation in all decisionmaking levels including in socioeconomic structures. A breakthrough could be achieved through, among others: the training of trainers; communication skills training to enable women to gain confidence and enhance competency in political affairs, and grant-financing women to vie for electoral and party positions. Women Parliamentarians should agitate for a “zebra” formula as a model for sharing party positions to ensure that women are adequately represented. Report In initiating the discussion, Sen. the Hon. Helen Coonan (Australia)
acknowledged that the topic was an important subset of all the issues Members had been discussing in this conference. She pointed out that political parties were invariably gatekeepers and as an entity was a “candidate” for election. This was why women should negotiate and strategize on how to deal with political parties since it could be difficult to fully participate in political leadership when one had not been part of the political party process. For those assembled, being Members of their national Parliaments or working somewhere in the parliamentary system, they had to share a common interest in ensuring our communities used all the talents of all its people and excluded a large section of society made absolutely no economic sense and certainly did not deliver political justice. In Australia and in most democratic countries, while there was growing acceptance for the idea that Parliament could only work effectively if it reflected the experiences of all the people they
CWP4:Layout 1 22/12/2010 11:58 Page 369
COMMONWEALTH WOMEN PARLIAMENTARIANS: POLITICAL PARTY REFORM
represented, in practice, the party system did not always provide for as wider representation as intended. Indeed, given the Australian history, wealth and universal education of its people, the representation of women in parliament was lower than much anticipated. Nonetheless, the proportion of women representation in Australia had risen over the past ten or so years. In 1999, 22 per cent of the House of representative were women and 35 per cent were female senators. By the beginning of 2010 the representation had risen to 28 per cent in the house of representative and 35 per cent in the senate. However, there had only been a small increase with the local state and government. Political parties were the gatekeepers to women elections to Parliament and noted that it was
truly in the political arena where we could more forcibly engender change in representation of women through mechanisms such as what most discussions and delegates stressed at this conference. At its most basic level, the ideology and attitudes of political parties which were the key factors in determining the level of political representation of women and minorities had to be transformed. While ideology played a role in women representation, it was the countries which had historically higher levels of representation of women i.e. Norway, Finland, Sweden and Denmark that had used a proportional representation voting system and some form of independence or party based quota. Internationally, there had been an increase in the use of quotas to
increase women parliamentary representation and today most countries that used quota systems tended to have women representation accounting for around 30 – 40 per cent. Quotas could be of three types – enshrined in national constitutions, set out in statutory law or in the rules of political party which is what happened in Australia. In Africa, women made up an impressive proportion of all African Parliaments, thanks to constitutionally mandated quotas, With democratic and multi-party elections picking up, women had gained more opportunities to vote and run for political office. This was a significant achievement in the continent where gender inequality was a concern, social relationships were traditionally patriarchal and male dominated politics. Subsequently, it was very
The Chairperson of the CWP, Hon. Alix Boyd Knights.
important to note women not only needed to play the game of politics at the public level, but play the political game within their own parties, negotiating their way through the hierarchy of a party, earning the respect, confidence and support of member was a vital part of being selected as a party candidate. Political parties on their part were challenged to develop systematic plans of action to promote diversity within their ranks. Hon. Coonan congratulated Hon. Amina Abdalla, MP, and the people of Kenya on the new constitution which would see the role of women take center stage in party and national politics. In
The Parliamentarian | 2010: Issue Four | 369
CWP4:Layout 1 22/12/2010 11:59 Page 370
COMMONWEALTH WOMEN PARLIAMENTARIANS: POLITICAL PARTY REFORM
Hon. Binta Chukwu, MNA, (left) and delegation secretary Mrs Rabi Audu from Nigeria arrive for the conference.
concluding the discussion, she asserted that political parties were
central to effective functioning of the electoral systems, and
370 | The Parliamentarian | 2010: Issue Four
therefore making sure that parties supported the idea of just
representation of women, was a key requirement of electoral reform. Hon. Metiria Turei, MP, (New Zealand Parliament) stressed on equity in party in political party representation citing her own party the Green party of New Zealand in the context of electoral reforms and how it was related to the topic. The party had a very strong structure for gender equity where there is a 60-40 per cent split. As such, no more than 60 per cent of any one gender could be represented unless obtained. On a larger scale and as a country, New Zealand had a law which required disclosure of criteria of selecting party candidates in the list. This helped transparency. Political parties however, should have the cultural base of the community in its constitution and sharing of positions, and noted that transparent processes were a significant step in reforming political parties. Women’s right movements had done an exceptional job and achieved real success as we saw it today. The role of women in political parties, she noted political parties reforms was a very slow process, there were a lot of structural barriers for indigenous women and colonized countries. Sexism, racisms and poverty were very strong and powerful barriers to equity and representation. What was apparent in numbers was that voting system which most Commonwealth countries derived; parties tended to put mean or no woman on side safe, representative of the dominant culture. There were ways to address this, like in Canada where there was state funding for parties to encourage political parties to change this situation. Proportional systems helped to increase the role of women, indigenous people and other minorities in Parliament. In her view, electoral reforms were important for party development, this also helped in accountability. In
CWP4:Layout 1 22/12/2010 11:59 Page 371
COMMONWEALTH WOMEN PARLIAMENTARIANS: POLITICAL PARTY REFORM
Party reform is the key to the advancement of all Commonwealth women.
a one or two political party system, power was highly entrenched as parties didn’t pay attention to the 49 per cent of those who didn’t vote for them. Proportional voting systems also tended to increase women, migrant communities, young people’s participation in party affairs including representation in party positions. Civil society was critical to the political party reform process and could play an important ethical role to educate and protect the existing political system and provide a buffer approach for party reforms and representation, although it was difficult to have civil society that had such power. She concluded that it was the law that changed first, and then the culture system. Hence Parliamentarians had to ensure that reforms benefited the people and the generation to come. Ms Susan Markham underscored that the global women development index showed women political participation had substantially increased and was indeed a step towards sustainable peace.
Parliamentarians in the dispensation and expansion of democratic practices needed to work towards reasonable democratic processes. The discussion highlighted three areas of intervention for women, namely: political parties; provision of highly skilled training for women willing to participate in politics; and equipping women with communication skills training to enable them build confidence. Other skills cited as best practice to be trained on entailed raising the women competencies and include coalition building, fundraising, and imparting skills on young women to view women as leaders and not only wives . This helped in enhancing women’s positive engagement on issues that affected women within and across boundaries. Noting that women should be consumed into working towards exclusion of men, she pointed out that working with men was essential to break down the barriers that stood in the way of women ascending to high political party positions.
The following interventions from the floor followed and all concurred on ways to pursue in reforming political parties and mainstreaming gender roles in politics for enhanced representation of women. Ms. Bharati Mukherjee (West Bengal) reiterated that any democracy that was inclusive had to accommodate more women in the top party positions and give opportunity for women to participate. Hon. Alix Boyd Knights (Dominica) cautioned that women risked becoming more sidelined in political party affairs if they persisted in fearing to engage and contest for party positions. She cited the fear of mudslinging as a major reason women did not come forward and noted that women had to be taught to face male politicians. Hon. Binta Masi Chukwu (Nigeria) informed he session of the efforts women in Nigeria had put in advocating for proportional representation and that this had been quite difficult with various bottlenecks to surmount. In addition, she commended that the civil society had been a thorn in the side for those bent on perpetuating male dominance and therefore women leaders and Parliamentarians must be capitalized on by women leaders. Hon. Jean Sendete, MP, (Malawi) highlighted that even though top party positions in her country were shared among men, political parties still stood out as the most suitable entry point to women participation in politics. She reemphasized the need to embrace the proportional representation that seemed to have worked well in other countries. Mrs Natalie Headley, MP (Jamaica) brought in the issue of funding campaigns for women aspirants and cited grant-financing for women willing to enter in Parliament and even those vying for party positions. Smt. Ingrid Mcleod, MP, (India)
strongly indicated that public confidence in political parties was fast fading in many democracies, hence the need for active engagement of the young generation and women to clean up the wrongs in political parties. In essence, corruption and violence was impacting negatively on participation of women in party politics. Ms Fezeka Nkomonye, MPL, (Eastern Cape) was of the view that political parties should take the lead in reforms, adding that when the African National Congress (ANC) 50:50 representation in South Africa prompted civil society to also set proportions for women participation within their establishment. Hon. Machi Amaeck (Nigeria) expressed concern of the worrying trend in Nigeria, where politics was about money. Women needed to be empowered financially to campaign effectively. She further recommended that positions be set aside for women in political parties. Hon. Nomaindia Mfeketo, MP, (South Africa) recommended applying the zebra formula to ensure the equality in sharing of leadership positions. Ms Abdalla cited the fact that although she was a vice chair of a political party, there was a common phrase in Kenya that political parties had owners. This tended to put off women and other aspiring candidates from contesting party positions and also sidelined Members who had no close relations with the inner circle in these parties. Ms Kashmala Tariq, MNA, (Pakistan) further reiterated that women’s agitation in fighting for equality had continued to redefine what democracy ought to be and its practice and relevance in the present world. Participatory democracy had to include women participation and representation at all decision making levels including the socioeconomic structures.
The Parliamentarian | 2010: Issue Four | 371
SBC1:Layout 1 22/12/2010 12:00 Page 372
SMALL BRANCHES CONFERENCE: 1 - ENERGY AND ENVIRONMENT
56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Small Branches Conference - 11 September 2010
ENERGY AND ENVIRONMENT: ACHIEVING SUSTAINABLE DEVELOPMENT
Chairperson: Deputy Ian Gorst, Jersey Discussion Leaders: Deputy Phil Gawne, MHK, Isle of Man; Ms Kezia Purick, MLA, Northern Territory; Mr Donald Iverarity, MLA, Yukon; Dr Habiba Gitay (World Bank Institute).
Summary Members from small Branches regarded the topic as vitally important and argued that the current state of energy consumption and the concomitant effect on the environment is not sustainable. With climate change advancing at an alarming rate, small states too often suffer a disproportionate share of the consequences and more funds are required from developed nations to assist developing nations to combat the effects. Sea-level rise and the warming of the North were but two examples cited with very real and dire consequences if global warming is permitted to continue unabated. Delegates agreed that access to sustainable energy is a necessity in order not only to protect our environment, but also to improve the economic development opportunities of small states. Demand for sustainable energy opportunities and sustainable food production go hand in hand. Governments must be mindful that developing
372 | The Parliamentarian | 2010: Issue Four
sustainable energy projects may not be done in isolation of the realities of a real and growing sustainable food shortage. There is considerable pressure on the world’s arable land base and the focus of development of new energy technologies ought not to take more of this land out of the production of food. Alternatives to present methods of energy production were discussed, including: solar power, wind power, biomass and bio-diesel production, tidal generation, geothermal, nuclear and hydro electric opportunities. Advances in the development of these technologies were accepted yet there are other factors to consider as well, including: access to, and distribution of, power to small, isolated geographic areas; metering; willingness of utilities to embrace less profitable projects and initiatives, and subsidized energy production. Energy is essential for industry to thrive, for transport, lighting, agriculture, space heating, domestic use and for the whole of
the economy. In meeting these increasingly challenging demands, Parliamentarians, in establishing and contributing to policy development in this area, must also balance the protection of our environment in realizing sustainable development. All jurisdictions have an important role to play: governments must listen if there is an overwhelming consensus at the parliamentary level. No one can argue against the desirability of sustainable and environmentally sensitive energy alternatives, with enhancing sustainable development opportunities in a responsible way and with the protection of the world’s most precious resources, its environment and its people. Report Deputy Phil Gawne (Isle of Man) noted that many of the traditional energy sources were no longer environmentally sustainable. It took 125 years for the world to consume the first one trillion barrels of oil yet it was estimated that it would take only three more
SBC1:Layout 1 22/12/2010 12:01 Page 373
SMALL BRANCHES CONFERENCE: 1 - ENERGY AND ENVIRONMENT
years to consume the next one trillion. There had been a great increase in the consumption of oil and the appetite was ever growing but clearly it was not sustainable. An increasing world population equalled an increasing need for food and water. Deputy Gawne noted that governments not only had to work towards sustainable energy production and use, but also that personal choices and consumption patterns made a difference as well. Renewable energy use was not new to the Isle of Man, with an objective of achieving 15 per cent of overall consumption from renewable energy by 2015. In so doing, the objective of self reliance as small
states cannot rely too heavily on larger energy producing neighbours. The overriding message from Deputy Gawne, however, is that there needed to be reconciliation between the need to produce sustainable energy with the need to use arable land for food production and not fuel production. Both the agricultural and sustainable energy sectors had to be made with the aid of innovative and proactive government policy, to be profitable otherwise neither would be sustainable. Ms Kezia Purick, MLA, (Northern Territory) presented the conference with an excellent overview of the economy and
industry in the Northern Territory. The main economic driver was the exploration and mining sectors, generating 26.5 per cent of the GDP to the value of AUD$4.9 billion. Ms Purick stressed the importance of the continuance and sustainability of mining and cautioned that they had to be careful in implementing new policies and programmes that changed the rules for companies after they had invested billions of dollars in development in a previously defined investment environment. It was important to create a healthy trusting working relationship between business and government, or else high levels of uncertainty could result and result
Above: Chairperson Deputy Ian Gorst, Jersey, addressing delegates at the workshop.
in delays or abandonment of projects so vital to the economy of small states. Mr Don Inverarity, MLA, (Yukon) presented on the challenges associated with bringing energy to small, isolated communities. The Yukon Territory was vast yet there were only 35,000 people in the entire territory. There was a considerable challenge bringing the energy grid to these small communities at a reasonable rate especially in times when mining
The Parliamentarian | 2010: Issue Four | 373
SBC1:Layout 1 22/12/2010 12:06 Page 374
SMALL BRANCHES CONFERENCE: 1 - ENERGY AND ENVIRONMENT
was doing well, thereby creating a substantial increase in the demand for electricity. Alternate energy options were being explored, including geothermal, solar, wind and hydro but all too often there tended to be an unfortunate view that it was energy vs. the environment rather than consumers, government and industry working together to produce clean, viable energy options. There needed to be more work done to promote the opportunities which existed to encourage generation of sustainable energy, such as more fully developed net-metering policies (which may have to be legislated into existence). Mr Inverarity also noted the high cost of food and fuels for home heating and transport in remote locations such as Yukon Territory. He added the cost of environmental impact assessments and, while recognizing the necessity, the effect such assessments had on development projects. Dr Habiba Gitay (World Bank Institute) reminded delegates that energy was essential for industry to survive, for transport, lighting, agriculture, space heating, domestic use and for the whole of the economy. In meeting these increasingly challenging demands in establishing or contributing to policy development, Parliamentarians had to also balance the protection of our environment in realizing sustainable development. We had to rethink our definition of the environment to include all parts of the ecosystem and to include all urban areas. Each energy initiative should be measured to effectively access how it affected the air, land, forests, water and the ecosystem as these were real costs associated with energy production. We had to also evaluate energy consumption patterns given that as much as a 40 per cent reduction in energy use could be realized through education and alternate uses. Alternative energy options
Discussion leaders Ms Kezia Purick (far left) and Dr Habiba Gitay (far right).
were being explored and Parliamentarians had an important role to play as governments had to listen if there was consensus at the parliamentary level. Mr Juan Watterson, MHK, (Isle of Man) questioned whether it was an attainable goal to have an independent sustainable energy and food production in small states without reliance on neighboring energy or food producing states. Deputy Bernard Marcel Flouquet (Guernsey) reminded delegates that the Island of Guernsey was 20 square miles with a population of 62,000. He questioned the economic viability of independent food and energy production for a state this size and, while there may well be options (such as marine turbine technology), those options had to have the acceptable investment
374 | The Parliamentarian | 2010: Issue Four
factors to be realistic and sustainable. Sen. the Hon. Walton Brown, JP, (Bermuda) stressed the importance of reconciling sustainable energy initiatives with sustainable food production and suggested that a CPA policy or goal on food should be developed. There was an urgent need for a comprehensive government policy on sustainable energy use and consumption and also a need to look at the relationship between powerful energy companies and governments. Hon. Dick Sawle, MLA, (Falkland Islands) apprised delegates of the challenges in food production in his state and the current energy generation and consumption patterns. He also questioned the probability of small states ever being able to achieve
100 per cent energy independence from larger, energy producing neighboring states that, due to the size of their markets, they could produce energy much more cost effectively. Hon. Marian Horne, MLA, (Yukon) stressed the effect of climate change and that the present level of fossil fuel consumption – and the resulting environmental effects – were not sustainable. Climate change had had an effect on traditional lifestyles and patterns, and all policies developed had to have the environment at the forefront. Mrs Patricia Gordon-Pamplin, JP, MP, (Bermuda) discussed the ability of small states to be entirely independent in food and energy production without some reliance on larger energy and food producing neighbours. She said
SBC1:Layout 1 22/12/2010 12:06 Page 375
SMALL BRANCHES CONFERENCE: 1 - ENERGY AND ENVIRONMENT
that diversification in both of these sectors was the key with caution not to deregulate too rapidly as the private industry may not be so interested in investing in small markets that may be less profitable or unable to generate the level of return realized in some larger jurisdictions. Mr Lisle Snell, MLA, (Norfolk Islands) reminded delegates of the energy and food production challenges experienced in CPA’s smallest state with nine members of Parliament and approximately 1800 inhabitants in total. Hon. Le Mamea Ropati (Samoa) suggested that a remote island perspective on the leader discussion panel would have been helpful. Unique challenges presented from being isolated from energy sources needed to be better understood and money
needed to be made available so alternatives may be fully developed. Smaller governments from poorer regions could not afford to invest in expensive projects and industrialized countries had to step up and assist smaller, geographically isolated states in fully developing sustainable energy options. Hon. Dancia Penn, QC, (British Virgins Island) supported the comments noted from Samoa and stressed that climate change had to be at the forefront of any discussions on sustainable energy development. Parliamentarians had to also keep in mind the effect of any development on human health and ensure that appropriate balances between all of these considerations were achieved if it was to be sustainable.
Mr John L. Hargreaves, MLA, (ACT) advised that due to the geographic realities of his state, there was no real prospect of being independent in the production of energy or food but that did not mean that governments of small states could not show leadership. He informed how the ACT was exploring wind and solar power and had implemented a form of net metering resulting from a decomposition technique used in landfill sites. In order to attain meaningful and effective support from citizens, they had to be convinced that there was something in it for them. Deputy Ian J. Gorst (Jersey) discussed the pressure on the small Jersey land base. Mrs Shazra Abdul Sattar (Maldives) and Hon. Jennifer Vel, MP, (Seychelles) both
reiterated the need for financial support to develop new and sustainable energy options and also stressed the importance of developing environmentally friendly technology. Hon. Paul Delorey, (Northwest Territories) presented on the need to ensure that industry, in developing new mines and extracting resources, were held responsible for the environmental impacts associated with the development and the clean-up of the sites once the mines had closed. In conclusion, delegates agreed that there was a need to expand access to sustainable energy production options in small jurisdictions. Energy was critical if there was to be any prospect of meaningful development and growth. The challenge was a considerable one, but not insurmountable. Larger states and industries who had developed energy technologies, with the encouragement of Parliamentarians, should work to ensure that these technologies were viable and available to small states. Along this line, several delegates suggested that CPA worked to develop a strategy on sustainable energy technologies and the adaptations necessary to bring these technologies into existence in smaller jurisdictions that may not otherwise have the resources necessary to make it happen. With climate change advancing at an alarming rate, small states too often suffered the disproportionate share of the consequences. Funding support from developed nations was urgently needed to assist developing nations in combating climate change. Sustainable energy options that were so crucial for economic development, healthy population and quality of life, had to be developed to ensure the long term viability of small states.
The Parliamentarian | 2010: Issue Four | 375
SBC2:Layout 1 22/12/2010 12:07 Page 376
SMALL BRANCHES CONFERENCE: 2 - CORRUPTION 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Small Branches Conference - 11 September 2010
THE EFFECT OF “POLITICAL” CORRUPTION IN SMALL STATES Chairperson: Hon. Jennifer Vel, MNA, Seychelles Discussion Leaders: Hon. Dale D. Butler, JP, MP, Bermuda; Hon. Steven Linares, MP, Gibraltar.
Summary In his remarks during the conference opening ceremony, CPA Secretary-General Dr William Shija intimated that “political” corruption was an issue which affects all countries, both large and small, and which can undermine democracy and retard good governance. This view was repeated in this session as the Discussion Leaders and delegates engaged in a lively and constructive discourse on a potentially thorny subject. The issue focused on the abuse of political and public powers for personal and private gains. Many delegates indicated that, within their own countries, their concerns ran more toward unethical behaviour and the perception of possibly corrupt or illegal practices by their constituents and/or local media, rather than toward actual cases of
376 | The Parliamentarian | 2010: Issue Four
serious or major corruption and criminal activity on the part of elected officials. Throughout the session, an over-riding sentiment coming to the fore was the general frustration of many delegates at what seems to be a growing perception among many of their constituents and electorates in general that corrupt practices and personally or politically self-serving agendas have become the norm for many elected officials. These perceptions, whether generated by known instances of public corruption at home and elsewhere or by inferences made in the media, can impact on their abilities to govern effectively while also surviving and succeeding politically. All the delegates could agree that however unfair or untrue these perceptions may be in most cases, and however one chose to define “political” corruption, they can be extremely difficult to overcome and
reverse, particularly without the benefit of positive media relations, and a less critical press that will refrain from inferences, if not outright allegations, of corruption that are made without substantiation. Delegates spoke of the need for transparency and accountability, and for elected officials and public officers to be more conscientious about good governance practices, both individually and collectively. It is not enough to just refrain from clearly illegal and corrupt activities: it is also important to strive to avoid any appearance of unethical or questionable behaviour that could be misinterpreted or that could be portrayed in a malicious light by political opponents or the press. Report Hon. Dale Butler, JP, MP (Bermuda) opened the discussion with a quotation expressing his
SBC2:Layout 1 22/12/2010 12:08 Page 377
SMALL BRANCHES CONFERENCE: 2 - CORRUPTION
belief that elected leaders and officials owed it to citizens to set better standards regarding their use of public monies and their own personal conduct, both in and out of office, and he stated that the vast majority of people elected to public office also share this belief. He pointed out that, thus far, Bermuda had been fortunate in that there had been no convictions of any elected official for any corruption offence. Bermuda did not receive any financial or other aide from the U.K. or international agencies, and Bermuda was not on the screen of international monitors for corruption. Nonetheless, it was still important to stamp out petty corruption in any form among elected officials and civil servants, and he accepted the definition of “political” corruption as being the use of public funds or powers for personal interests. He also emphasized that many people
would think of bribery, extortion, cronyism and fraud as other forms of political corruption, even when they do not directly involve public funds. Due to mass media influences, including fictional films and media programmes, the general public was now much more aware of the possibility of corruption, and frequent inferences or allegations contribute to a growing public perception of unethical behavior and abuse of public funds and resources for personal gain. Bermuda was no exception to this problem. Bermuda’s political leaders of a bygone era were largely seen as almost infallible gods, despite the fact that many of them were very often directly associated, through ownership, family connections, business dealings, friendships etc., with those financial houses and goods and services providers that actively
did business with the government. However, this had changed dramatically and Bermudians were no longer so sure about the personal integrity of their politicians. The moral compass had shifted. Rumours and speculation had become a quicksand, and allegations of corruption could tend to take root if they were not effectively refuted. All of this despite the current government’s ongoing success in the management of the economy, the enhancement of public services and the completion of major government initiatives and capital projects. In addition to many democratic good governance measures long in place, Mr Butler noted that the Bermuda Legislature had an active Members’ Interests Register which had to be subscribed to by all Members; and the government had recently enacted public access to
Discussion leader Hon. Steven Linares, MP, Gibraltar (left), and Chairperson of the workshop, Hon. Jennifer Vel, MNA, Seychelles (right).
information legislation. Bermuda’s Public Accounts Committee had recently adopted open or public hearings and meetings, and the Auditor General had extensive constitutional authority to carry out the examination of public expenditures and all related public accounts. He also strongly recommended the enactment of whistleblower legislation in Bermuda to further strengthen good governance and accountability measures. Hon. Steven Linares, MP, (Gibraltar) noted that Gibraltar was also a very small jurisdiction with a small population, and he too indicated that major corruption was
The Parliamentarian | 2010: Issue Four | 377
SBC2:Layout 1 22/12/2010 12:08 Page 378
SMALL BRANCHES CONFERENCE: 2 - CORRUPTION
This page: Discussion leaders Hon. Dale D. Butler, Bermuda, (left) and Hon. Steven Linares, MP, Gibraltar (right); Opposite page: Ms Wendy Bisaro, MLA, and Hon. Paul Delorey, MLA, from Northwest Territories.
not a concern. He did point out a significant factor that could arise in all small jurisdictions, that being family connections, business associations, friendships, etc. between elected officials and government service providers and contractors. He referred to various forms of nepotism that could readily be seen or perceived in the Gibraltar context, noting for instance that he had a cousin who worked in public education. But he stressed that such connections did not necessarily reflect any corrupt practices or undue influences on or by elected officials. Mr Linares expressed the belief that the people of Gibraltar were intelligent enough to see through and avoid being taken in by charges of nepotism or corruption that may be thrown at elected officials. He agreed with Mr Butler that there could sometimes be unfortunate perceptions of
corruption about politicians, and he noted that it could be very difficult for small jurisdictions when large jurisdictions sought to maneuver or make malicious allegations against them, for self-serving political or economic interests. He specifically noted that Spain (which has long tried to claim sovereignty over Gibraltar) had maliciously inferred such allegations against Gibraltar and Gibraltar officials on numerous occasions in the past. This history alone had instilled a strong consciousness about the importance of good governance and accountability measures among Gibraltarian officials. He indicated that Gibraltar had moved well beyond its colonial-era political structures, and almost all major public posts were occupied by born and raised Gibraltarians. Senior civil service posts were appointed through an independent civil service appointments body.
378 | The Parliamentarian | 2010: Issue Four
Regarding the expenditure and management of public funds, the awarding of government contracts and the regulation of Gibraltar’s financial services sector, Mr Linares again stressed that there was no evidence of significant corruption. If there was the slightest suspicion of “political” corruption, his inclination was to call in U.K. Government observers to review relevant processes and procedures and to scrutinize for any possible corruption. Gibraltar’s budgeting process was very good, with close scrutiny of all government spending by opposition members. He also pointed out the benefits of EU membership for Gibraltar. Any aspersions on Gibraltar’s good governance measures and its financial services regulation could be vetted through EU monitoring processes. Gibraltar had had to amend many of its laws and enact
new legislation to comply with EU directives, including those on the regulation of financial services. Indeed, he urged all in democratic small jurisdictions that were closely monitored by international agencies and other large jurisdictions, to actively strive to benefit from the expertise and technical assistance that those agencies may offer. Deputy Bernard Flouquet (Guernsey) wanted to emphasize the impact of the media when it came to perceptions of corruption. He noted that Guernsey’s good governance and compliance laws were specifically directed to assist with avoiding and countering aspersions of corruption and labeling as a tax shelter. Part of the struggle for Guernsey and other similar jurisdictions had resulted, ironically, from their very success. He felt that political envy was behind many allegations, and that
SBC2:Layout 1 22/12/2010 12:09 Page 379
SMALL BRANCHES CONFERENCE: 2 - CORRUPTION
efforts to defend against these charges almost invited more allegations. Mr Flouquet said he had found that the media today played a large role in the perpetuation of such allegations and that the media could often be the biggest political opposition for a government and political leaders, particularly in some small jurisdictions. Mr Juan Watterson, MHK, (Isle of Man) suggested that the party politics system in many small jurisdictions may be a significant factor in encouraging inferences and allegations of political corruption, particularly those made by opposing politicians. Mr John Hargreaves, MLA, (ACT) said that he didn’t know of any Member who had gone into political office for corrupt purposes, but he questioned how we could absolutely prevent someone who started out with pure intentions from becoming a “dirty” politician over time. On dealing with the press, Mr Butler noted the Bermuda context, wherein the local media was seen as being very anti-government and the government was seen to have become very anti-media as a result. He stressed that this dynamic had to change and that it was critical for political leaders to be extremely circumspect when it comes to any
potential for perceptions of corruption. We had to carefully avoid this. Mr Linares said that in Gibraltar, the local media were seen as being pro-government, but he also stressed that the media had to be able to account for what they said and be able to substantiate allegations that were made. Senator Walton Brown, JP (Bermuda) expressed the view that efforts to counter the prevailing media position was a battle that politicians couldn’t truly win. The media could sway too much to one side or the other. Politicians should talk to the press often and be prepared to answer questions, with the attitude that they had nothing to hide. He stressed that the electorate had the responsibility to discern who they should support and elect to office. Ms. Kezia Dorcas Purick, MLA, (Northern Territory) also spoke about the role of the media and about how the media could make it very difficult for opposition parties and Members in her jurisdiction; and she indicated that many politicians in Australia had to put up with at least some negative press. Hon. Riddel Akua, MP, (Nauru) told delegates about an instance of what appeared to be a major case of corruption, as he spoke of a Minister in the local government
who had simply withdrawn the public funds in his ministry accounts on his own authority and without following proper protocols, but who had yet to be charged or held accountable for this by Nauru authorities. Deputy Kevin Lewis (Jersey) questioned how political leaders re-engaged with the public on countering perceptions of corruption and getting the public to see more of the positives and the good work done by governments and politicians. He noted the influence of radio talk shows and their often strong focus on the negative. Hon. Paul Delorey, MLA, (Northwest Territories) also touched on the impact of local media and how the public could quickly pick up on allegations made in the press. Mrs Patricia Gordon-Pamplin, JP, MP, (Bermuda) spoke from her perspective as an opposition member, and her view that it was incumbent upon government and political leaders to be very open and clear about budgeting, public expenditures and particularly about the tendering and awarding of government contracts. The budgeting process provided a major opportunity to scrutinize for any potential misappropriation of public funds. Hon. Dick Sawle, MLA,
(Falkland Islands) said that one of the ways in which Falkland Members tackled the media was to engage directly with the public as much as possible. He suggested that delegates considered the active use of social media and blogs to communicate with the public, or to in effect create your own media. Deputy Roy Herissier (Jersey) also mentioned the use of the internet and social media. He felt that more effective use of available media and the conscious development of a more personal relationship with constituents would always have a more positive impact on public perceptions. The discussion leaders again agreed that the best approach for dealing with the media was to be proactive and to be as open and transparent as possible, and that use of social media would be good, but Members still had to be careful about the language they used. Mr Flouquet again referred to the potential negatives of the media acting as the primary political opposition to governments, and he emphasized that the negative influence of the media could put off many very good and well qualified people from serving in public office. Delegates acknowledged that the media had an important role in serving the public interest. The public wanted more transparency and to be confident that public monies and resources were being wisely spent and properly accounted for. Thus, it had become increasingly important that elected officials ensured that good governance and accountability measures were as robust as possible. The session concluded with Mr Butler and Mr Linares stressing that elected officials strove to avoid even minor favours from any person or business that might potentially benefit from government spending. The focus had to always be on the three principles of good governance, accountability and transparency.
The Parliamentarian | 2010: Issue Four | 379
SBC3:Layout 1 22/12/2010 12:10 Page 380
SMALL BRANCHES CONFERENCE: 3: SOVEREIGNTY 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Small Branches Conference - 12 September 2010
THE CHALLENGES OF SOVEREIGNTY IN SMALL STATES Chairperson: Hon. Phil Gawne, MHK, Isle of Man Discussion Leaders: Hon. Dancia Penn, QC, MHA, British Virgin Islands; Hon. Dick Sawle, MLA, Falkland Islands; Deputy Roy Le Hérissier, Jersey.
Summary Despite the communality of the subject for small states, the three discussion leaders put forward different perspectives on the challenges of sovereignty in small states in an extremely lively and sometimes passionate session. Delegates viewed with concern the United Kingdom's suspension of the Turks and Caicos Islands’ constitution and the removal of its democratically elected government. While mindful of the serious challenges facing the people of the Turks and Caicos prior to the U.K.’s intervention, delegates encouraged the U.K. government to make the restoration of democracy for the people of Turks and Caicos a demonstrated priority. The challenges to the ability of a state to govern itself were identified as size, geographical location, governance and constitutional arrangements. Could there be true sovereignty where many states have constitutions that are Orders-in-Council of the U.K. and the U.K. government reserves
380 | The Parliamentarian | 2010: Issue Four
the power to suspend constitutions, as in the Turks and Caicos. The U.K. also retains the right to disallow certain laws, and tax and taxation can be changed by the OECD, UN, G8 and others, impacting on self-regulation and the creation of wealth. During discussion, the meeting also noted that piracy around the Seychelles damaged trade with important consequences. The vulnerability of small states to threats from stronger neighbours, such as the threats to the Falkland Islands from Argentina and to Gibraltar from Spain were recounted. Sovereignty must be respected and higher external authorities must help smaller threatened states. Discussions at a high level on the future of small states must include the small state concerned. International organizations should uphold their own stated values when they consider small threatened states. Interdependence today was seen is the way forward, but sovereignty cannot be described
simply in political, legislative and economic terms. Environmental sovereignty regarding climate change and the protection of natural resources, and cultural sovereignty are also important elements. This led to a discussion on the values, national pride and soul of a community. It has become very difficult to distinguish between internal and external affairs, given the intense scrutiny of taxation. Small states have to consider whether independence, an increased international personality or joining a larger geographical entity offers viable solutions. Report Hon. Dancia Penn, QC, MHA, identified the challenges to the ability of a State to self govern as size, geographical location, governance and constitutional arrangements. She questioned whether there could be true sovereignty where many have constitutions that were Orders in Council of the U.K. which reserved the power to suspend constitutions, for example in Turks
SBC3:Layout 1 22/12/2010 12:11 Page 381
SMALL BRANCHES CONFERENCE: 3: SOVEREIGNTY
and Caicos. The U.K. also retained the right to disallow certain laws, and tax/taxation could be changed by the OECD, UN, G8 and others, impacting on self regulation and the creation of wealth. During the discussion the meeting also noted that piracy around the Seychelles damaged trade with important consequences. Hon. Dick Sawle, MLA, described the vulnerability of small States alongside stronger nations and gave an impassioned exposé of the situation of the Falkland Islands. Sovereignty issues did not concern large states, the threats were invariably faced by small communities. He outlined the modern concept of sovereignty as having four key components – a permanent population, a defined territory, a government and the capacity to enter into relations with
other states. Where another jurisdiction sought to own a territory, then government would be by force and go against the basic precept that peoples determined their own future. Small states could seek assistance, in a world where there were higher external authorities providing governance across territorial borders, such as the UN and the EU. Sovereignty had to be respected, and higher external authorities needed to help smaller threatened states. However, those authorities should not conduct their consideration of issues at arm's length without involving the small states concerned. Discussions at a high level on the future of small states should include the state concerned. Mr Sawle felt that the Falkland Islands had suffered at the hands of various international organizations which did not appear
to uphold their own stated values. He set out in particular elements of the UN Charter and expressed disappointment at the lack of progress. Comparisons were drawn during discussion on the position of Gibraltar and Spain. Deputy Roy Le Hérissier (Jersey) reviewed the broader picture and described the conditions required for political and economic sovereignty. It was important to remember that natural resources included people. He put the view that that today, interdependence was the way forward and sovereignty could not be described simply in political, legislative and economic terms. He cited environmental sovereignty (regarding climate change) and the protection of natural resources, and cultural sovereignty, which led to a discussion on the values, national pride, and the soul of a
Above: Deputy Kevin Charles Lewis (left), Deputy Roy Le Herissier (centre) and Mrs Anne Harris from Jersey.
The Parliamentarian | 2010: Issue Four | 381
SBC3:Layout 1 22/12/2010 12:12 Page 382
SMALL BRANCHES CONFERENCE: 3: SOVEREIGNTY community. In Jersey's situation, as a Crown Dependency, there was a pre-audit of primary legislation, and the Islands currently drew strength from its links with the United Kingdom. Also, being outside the European Union did not mean that the Island was outside the scope of its influence. It had become very difficult to distinguish between internal and external affairs given the intense scrutiny of taxation, and small states had to consider whether independence, an increased international personality, or joining a larger geographical entity would offer viable solutions. The discussions were wide ranging, but against the backdrop of calls for the CPA countries to support one another overtly, there was a consensus that the Small Countries Conference should prepare a communiqué to report to the 56th CPA Conference. Hon. Steven Linares, MP, (Gibraltar) stated that Gibraltar had similar problems as those experienced by the British Virgin Islands where it required the approval of the United Kingdom to proposed laws and financial services directives. As regards to environmental sovereignty, neighbouring Spain asserted that the waters surrounding Gibraltar were Spanish for environmental purposes, and there were constant incursions into Gibraltar’s waters, which were being challenged in the Courts. Furthermore, Spain now levied a toll for cars entering Spain, despite both countries being in the EU where there should be free movement of people and goods. Hon David Agius, MP, (Malta) put forward a different view and discussed the influence which small countries could have. Malta as a member of the EU shared sovereignty with other countries in the EU and as every ruling of the EU must be approved by all member states, big and small. Malta had representatives in EU organizations and agencies enforcing the country’s presence. As the EU made decisions which
affected Malta, it was better to be inside the organization. Its membership of the EU had also been of benefit in challenges from external countries such as Libya which used to send immigrants to Italy and Malta. Through the EU it had been possible to halt this activity. In the current financial situation, Greece had received assistance from the EU where it might have fallen without that support. Mr Agius referred to the comments of Deputy Le Hérissier, and advised that if Jersey were to consider independence, then he would recommend membership of the EU. Mr Agius also referred to the comments made about mediation in the cases of the Falkland Islands and Gibraltar. Those jurisdictions were clear however, that mediation could be useful only where compromise was a realistic option, and in their particular circumstances they did not believe that this was so. Mediation had been proposed in the past for Gibraltar and Spain, however the UN had declared that Gibraltar could have self determination. If Spain had a problem with territorial integrity then the matter could be resolved in an international court. Mr Linares made it clear that fundamental principles such as sovereignty were not a matter for mediation. There could be no compromise where the democratic rights of the people were concerned. Ms Penn stated on the record that she held to her view that she supported mediation, while understanding and respecting the views of the Falkland Islands and Gibraltar. Mr John Hargreaves, MLA, (ACT) supported the view that mediation in the case of Gibraltar was inappropriate. Spain had ceded Gibraltar to Great Britain in the Treaty of Utrecht in perpetuity. It was a black or white issue, there were no half measures and there could be no compromise where sovereignty was concerned. There
382 | The Parliamentarian | 2010: Issue Four
Hon. Dale D. Butler, MP, (left) and Mrs Patricia GordonPamplin, JP, MP, from Bermuda.
could be no such state with joint sovereignty, there could be no half measures, which he likened to the absurd suggestion that a woman could be “half pregnant”. Senator Walton Brown, JP, (Bermuda) also referred to instances where the U.K. had taken unilateral action. The British Governor had written a White Paper on overseas territories called “Partnership for Progress” which contained a set of unilateral decisions taken by the U.K. in respect of overseas territories. He noted that there had been an increase in the UK’s involvement in Overseas Territories. There was a more and more complex line between internal and external affairs, and this had led to the need for the U.K. to act outside its normal remit. The U.K. felt that the blurring of lines allowed them to intervene, even though this represented a breach of the small state’s constitutional position. The U.K. had not represented the interests of the overseas territories as the previous visa-free access to the EU countries had been lost. In addition the British Foreign and Commonwealth Office had stated that residents of the overseas territories did not have a right of abode in the U.K.
In relation to the suspension by the U.K. of the constitution of Turks and Caicos Islands, it was understood that many had found this offensive. This had been seen as the removal of the democratic rights of the people. Given that the CPA had made a commitment to democracy, this was the correct forum to discuss such issues. A number of delegates expressed the view that comment should be made in the case of the Turks and Caicos Islands. Ms Wendy Bisaro (Northwest Territories) advised members that Australia could also interfere in the affairs of the Northwest Territories. A Member had presented an amendment on the law concerning euthanasia, but this had been overridden by Australia. Mr Sawle advised that Argentina had made a decree to prevent boats leaving the Falkland Islands, which amounted to an embargo on trade. However, in international law, ships had a right of innocent movement. Deputy Phil Gawne, MHK (Isle of Man) explored further the idea of sovereignty, and asserted that political and economic sovereignty counted for nothing if cultural sovereignty and identity were not in place. There was agreement that
SBC3:Layout 1 22/12/2010 12:12 Page 383
SMALL BRANCHES CONFERENCE: 3: SOVEREIGNTY
national pride was non-negotiable. Cultural sovereignty meant many things to many delegates, and there was a desire for cultural sovereignty to be protected, while understanding that the life of the people evolved as immigration changed the make-up of the population. Hon. Jennifer Vel, MNA, (Seychelles) reported that a major threat to sovereignty in the past year was piracy in the Indian Ocean. With only three inhabited islands out of a total of 155, well spread out, it was extremely difficult to patrol. Piracy threatened economic sovereignty as there was a significant impact on trade, the importation of essential supplies and the price of goods. She invited those present to consider how the CPA could assist in the face of this recent challenge. Ms Vel received support for a comment being made to the plenary conference on piracy affecting the Seychelles. Hon. Antony Derjacques (Seychelles) explained that the vulnerability of the Seychelles was attributable to the disintegration of the state in Somalia. An African taskforce was trying to help and Arabic forces were based in Somalia. The piracy problem had affected the Seychelles more than
elsewhere, and also threatened tourism and fishing. The Seychelles had entered into discussions and approved treaties with a number of nations to introduce surveillance to try and resolve the problems, and they were commended by the conference for their professionalism, determination and hard work in this area. Mr Derjacques said that this was not just a problem for the Seychelles but also for Europe and beyond as trade with the East was being disrupted. Mr Derjacques proposed the solutions of 1. Strengthening the institutions, for example the Legislature, the court system and the police. The problem was the sheer size of the area, some half a million square kilometres of ocean; 2. The introduction of modern legislation on piracy; 3. International co-operation on piracy; 4. International aid for the Seychelles; and 5. Help from the CPA in finding ways and means to repair the failed state of Somalia. Hon Tu’u’u Anasil Leota
(Samoa) was pleased to announce that there had been no challenges to Samoan sovereignty. It had always believed in international treaties and bilateral or multi-lateral agreements, and every such Treaty or International Declaration had to be tabled in the Parliament – it was not the prerogative of the Executive to agree on the island’s behalf. They were all debated and recorded in the official report. Samoa enjoyed good relations with New Zealand and with the American part of Samoa. The delegate was quick to report that its rugby team beating the U.K. and New Zealand was a good example of national pride! Mrs Patricia Gordon-Pamplin, MP, (Bermuda) advised that her country had signed 19 or 20 Tax information Exchange Agreements (‘TIEAs’). She discussed the question of cultural sovereignty and the effect of immigration where this involved the criminal element. There was the threat of gang culture, and the island was losing its traditional identity. Gun crime had previously been unheard of and now had become regular front page news. She stated that the island welcomed foreign staff to bridge the skills shortage but there was a negative undercurrent which was a major challenge in an otherwise peaceful and tranquil community, influenced by television and the internet. Mrs Shazra Abdul Sattar (Maldives) raised the question of environmental sovereignty and climate change In the event that climate change extinguished the Maldives, she asked where the citizens of the Maldives would go. Hon. Dr Clarice Modeste Gurwen (Grenada) talked about globalisation and the shift in trade relations. This affected the Caribbean islands severely. The guidelines on trade relations were dictated by the larger countries and small countries were simply told to sign by a certain date even when they were not ready. Some larger
countries subsidised international companies and this was a challenge to sovereignty. Dr Gurwen spoke of the “brain drain” where students from Grenada had studied in other countries and did not return, even though Grenada had supported their education. The island had to attract skilled labour from overseas to fill the gaps. She asked how small countries could encourage or persuade its students to return. Mr.Lisle Snell, MLA, (Norfolk Island) stated that Norfolk Island shared a unique relationship with Australia but there were also certain difficulties under the authority of Australia. Australian regularly instituted reviews into the form of government, the latest being the Territorial Law Reform Bill 2009. Promises of further selfdetermination since the events of 1979 had not transpired. Norfolk Island shared an undisputed 200 square mile zone, however it could not now fish as of right, only by concession. This new rule was implemented without consultation. Australia had imposed quarantine arrangements in respect of apples. The prior arrangements were a replica of the accepted Tasmanian position, so the amendments put by the Australians were designed to frustrate. Norfolk Island had a democratic system of which it was proud, and received no funding from elsewhere. A World Heritage listed island with its own culture, language, customs, administration and services, bullying by superpowers should not be tolerated. The conference concluded by agreeing that it might be beneficial for speakers to be drawn from all areas of the small countries conference to provide a good cross section, given the variety and interest of contributions from the floor. However, branches should continue to be free to offer to be discussion leaders.
The Parliamentarian | 2010: Issue Four | 383
SBC4:Layout 1 22/12/2010 12:13 Page 384
SMALL BRANCHES CONFERENCE: 4 - ACCOUNTABILITY 56th COMMONWEALTH PARLIAMENTARY CONFERENCE Nairobi, Kenya Small Branches Conference - 12 September 2010
PARLIAMENT AND ACCOUNTABILITY – STRENGTHENING OVERSIGHT IN SMALL PARLIAMENTS Chairperson: Hon. Phil Gawne, MHK, Isle of Man Discussion Leaders: Hon. Dancia Penn, QC, MHA, British Virgin Islands; Hon. Dick Sawle, MLA, Falkland Islands; Deputy Roy Le Hérissier, Jersey.
Summary Bodies to oversee the executive can be used to great effect by small Parliaments. While some Legislatures have established substantive organizations such as independent commissions against crime, misconduct and corruption, often these are costly to operate and staff, and for small Parliaments such costs may be beyond their ability to provide. The creation of Public Accounts Committees and Auditors-General is very effective and less costly. Analysis of how PACs in particular operate in small jurisdictions has shown that they have a greater tendency, relative to larger jurisdictions, to ask oral and written questions of the executive, hold hearings and conduct inquiries, and to have their Chairs drawn from non-government Members. While PACs and AuditorsGeneral are powerful tools, it is
384 | The Parliamentarian | 2010: Issue Four
important to supplement these tools by improving the environment for accountability generally, for instance by establishing freedom of information laws and by making the default to be for information to be available rather than having to be sought. Whistle-blowing legislation is also a very useful tool. Parliaments should look at their own procedures and try to move away from scrutiny being reactive to one of it being proactive. Also, it is important that adequate time be provided for the Legislature to consider budgets. Report Hon. Doug Parkinson, MLC, (Tasmania) opened the session by detailing the response in Tasmania to dealing with perceptions of political corruption. Just like justice being seen to be done, so must transparency and open government be seen to be transparent and open, and
mechanisms be developed to promote this. Many Australian jurisdictions had created organizations to deal with crime, corruption and misconduct (ICAC NSW, CMC – Qld, CCC – WA etc). However, they were expensive to operate and had large staff numbers. The costs of this were generally beyond the ability of smaller jurisdictions to justify and fund. Smaller jurisdictions had to develop systems to achieve the same outcomes, but within their means. Mr Parkinson described how in 2008 Tasmania had established a joint committee into issues surrounding ethical conduct in Tasmanian public life. The committee reported in 2009 and through its recommendations an Integrity Commission was established, with parliamentary oversight being provided by a joint select committee. Another recommendation concerned the size of the
SBC4:Layout 1 22/12/2010 12:14 Page 385
SMALL BRANCHES CONFERENCE: 4 - ACCOUNTABILITY
Legislative Assembly which had recently been reduced from 35 to 25 members. It was felt that this reduced size had impacted on the ability of the Parliament to scrutinize the Executive, and accordingly it had been recommended that the Assembly return to its former size. Mr Mitch O’Brien (World Bank Institute) discussed the findings of an analysis comparing public accounts committees in large and small Parliaments. Overall, there was little difference in the types of accountability mechanisms available to small and large Parliaments, although larger Parliaments had slightly more oversight tools available to them. Small Parliaments were more likely to ask oral and written questions, and conduct committee work than their larger counterparts. They were also more likely to always have government members on committees. Concerning PACs,
there was a greater tendency in smaller Parliaments to call witnesses before them and to rely less on the government to provide information. Further, they were more likely to have a smaller membership, for the chair to be drawn from opposition members, and to have significantly less subcommittees and staff. PACs in both small and large jurisdictions both reported similar levels of public access to meetings other than hearings. Reasons attributed to differences between small and large Parliaments include the size of the plenary (and hence the availability of members to serve on committees), and available resources and audit systems. Mr Juan Watterson, MHK, (Isle of Man) described the tricameral system of Parliament in the Isle of Man, where the lower house (House of Keys) and the upper house (Legislative Council) met as
the High Court of Tynwald. The key scrutiny committees were the Public Accounts Committee and the Scrutiny Committee, the latter examining secondary legislation. Other scrutiny mechanisms included questions to Ministers, including oral questions, references to committees and no time limits on debates. One problem identified was the structure of the scrutiny system, in that scrutiny was usually reactive, dealing with decisions already taken or matters raised in newspapers or by constituents. Mr Watterson also believed that scrutiny was not done using a systematic approach. As a solution he suggested a series of standing committees shadowing government activities, and that the committees had a proactive work programme. A further problem was the budget process. Currently members only had six days to
Left to right: Ms Kezia Purick, MLA, Northern Territory; Mr Lisle Snell, MLA, Norfolk Island; Mr Max Kiermaier and Mr John Leo Hargreaves, MLA, Australian Capital Territory.
examine and vote on the budget, with no amendment allowed. Further, there was little capacity for members to obtain independent, expert advice, other than that provided by the government. As a remedy, Mr Watterson suggested that the budget should be presented a month before being voted on, and that there should be an ability to amend the budget, provided that such amendments were cost neutral. To guard against one person pursuing amendments solely to benefit his or her constituency, four signatories would be required for each amendment. Mr Scott Hubli (National
The Parliamentarian | 2010: Issue Four | 385
SBC4:Layout 1 22/12/2010 12:14 Page 386
SMALL BRANCHES CONFERENCE: 4 - ACCOUNTABILITY
Above: Hon. Nandie Glassie, MP, Cook Islands; Opposite page: Deputy Bernard Marcel Flouquet, Guernsey. Democratic Institute) spoke on the need for incentives to engage in oversight and referred to survey research which not only posed the question of whether Legislatures could provide oversight, but also whether they did in fact provide such oversight. Simply having oppositions raise allegations of scandalous behaviour was not enough, as this merely tended to fuel cynicism with constituents. It was more effective to support the infrastructure that Legislatures had, such as an ombudsman and audit institutions. Mr Hubli drew attention to a number of tools available to Legislatures to assist with
oversight, including the 2006 CPA Study Group on Benchmarks (Bermuda), Recommended Benchmarks for Pacific Island Democratic Legislatures and www.agora-parl.org, a website devoted to parliamentary development and containing a wealth of resources and features, including a social networking feature to share information. In commenting on the revised Commonwealth Benchmarks for Pacific Island States, Mr Lisle Snell, MLA, (Norfolk Island) noted that one of the difficulties he had experienced was the hesitancy and lack of co-operation on behalf of the Executive to provide information to the Parliament, and asked whether the benchmarks provided for this, to which Mr Hubli commented that they did and placed an obligation on the Executive to provide timely
386 | The Parliamentarian | 2010: Issue Four
information. Mr Hubli also said that the issue was less when Parliament had taken a greater role in the Budget process. Deputy Leon Roy Gallienne (Guernsey) referred to moves in Guernsey to create an AuditorGeneral and whether there was merit in doing so, vis-à-vis a PAC. Mr O’Brien remarked that it was important to have one, as it brought some independence to scrutiny and took the politics out of an issue, something which was not always possible with a PAC. It was also pointed out that it was easier to appropriate funds for an Auditor-General than for a PAC. Hon. Nandie Glassie, MP, (Cook Islands) spoke about the situation in his country where there was a question time every sitting. The Budget was considered by a Budget Committee prior to introduction in the House, and
private sector input was obtained from the Chamber of Commerce, thus demonstrating internal and external mechanisms for ensuring accountability in the Cook Islands. Hon. Dr Clarice Modeste Gurwen (Grenada) observed that although the structural components existed to deliver accountability, few worked. She cited the standing orders committee which was headed by a minister but it rarely met. This contrasted with the PAC which had an opposition chair. The standing orders were restrictive in that questions could not be asked on financial matters until they had been audited, which was often much later, perhaps years. Scrutiny was thus stymied. Also Members were only given five to six days’ notice of the Budget. Mr Watterson suggested that one solution may be to develop an Estimates
SBC4:Layout 1 22/12/2010 12:15 Page 387
SMALL BRANCHES CONFERENCE: 4 - ACCOUNTABILITY
process whereby Members could scrutinize proposed expenditure. Mrs Patricia Gordon-Pamplin, JP, MP, (Bermuda) referred to a technique employed by her PAC in which public service witnesses were asked whether they had ever felt compromised in their dealings with the government. It was rarely answered in the affirmative, but the effect of the question was to assure the public that the PAC was there to serve the public. Public servants knew that they should give honest answers and not defend the government. Mrs Gordon-Pamplin also stated that until recently no debate was allowed on reports of the AuditorGeneral before they were presented to the PAC, even though they had been tabled, which could take up to a year. Now the PAC could conduct public hearings on issues. Mrs Gordon-Pamplin
observed that if the AuditorGeneral was being criticized by all sides of politics then they were probably doing something right! Mr John Hargreaves, MLA, (ACT) summarized the budget consideration process in the ACT by an Estimates Select Committee. The committee held public hearings and was assisted by an external adviser to advise on whether the budget’s parameters were valid. The process from Budget presentation to final passage lasted about eight weeks. Mr Hargreaves observed that perhaps a reason for the processes not working was that Members were acting as partisan politicians, not Parliamentarians. The process would work better if the politics was left out of scrutiny. Hon. Dick Sawle, MLA, (Falkland Islands) informed
delegates that the PAC could perform the role of the opposition in a small Legislature with no opposition members. He stated that the constitution had been amended in 2009 to include a PAC in the Falklands and thus it was still in an embryonic state. He asked the panel how frivolous inquiries could be avoided, to which Members believed the media could play a significant part. Also, as to the worth of a PAC, Members offered that it was not just the value for money work, but the intangibles which encouraged the Executive to do its job properly in Parliament. Ms Wendy Bisaro, MLA, (Northwest Territories) described the Budget process in her jurisdiction, which was essentially a consensus government. The Budget was developed by the government and put forward as
business plans. The Main Estimates were tabled in February and the estimates examined line by line. Members could make recommendations to the Main Estimates, and delete – but not add – items. When the budget Bill finally hit the floor, it was often passed at the same sitting. There was no PAC since all Members pretty well had access to the Budget throughout. A follow-up review was undertaken when the accounts has been produced. Hon. Dancia Penn, QC, MHA, (British Virgin Islands) drew a distinction between the Budget process and the PAC process, the latter she saw as a watchdog. The BVI constitution mandated that the PAC Chair was an opposition member and the majority of members would be from the opposition. The Auditor-General was a resource of the PAC and was protected under the constitution. She appealed for Parliaments to be vigilant to reform and update and modernize, or else become old and stale. Hon. Tu’u’u Anasil Leota (Samoa) commented on the achievement of good governance and the need for checks and balances. He observed that an Auditor-General appointed by government could lead to scepticism and distrust. While acknowledging the importance of a PAC, he questioned the need for it to be chaired by an opposition member. Each Parliament had its own way of ensuring effective scrutiny. Deputy Bernard Marcel Flouquet (Guernsey) remarked that just because a Parliament did not have parties did not mean it was ineffective. There was no one size fits all solution to effective accountability. He also commented on the difficulties of a hamstrung PAC which was unable to conduct an inquiry until a contract had concluded, sometimes years after the event.
The Parliamentarian | 2010: Issue Four | 387
The Budget Process:Different Ads.qxd 22/12/2010 12:21 Page 288
A CPA publication
Available to Members and Officials of the CPA for purchase from the CPA•Secretariat, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, U.K. Tel.: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 E-mail: hq.sec@cpahq.org Also available to members of the public from booksellers.
Parliamentary news:Layout 1 21/12/2010 16:42 Page 389
Parliamentary Report NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS INDIA: The Mines and Minerals (Development and Regulation) Amendment, Bill, 2010 Page 393
INDIA: The Representation of the People (Amendment) Bill Page 395
NEW ZEALAND: Welfare Legislation Page 398
NEW ZEALAND: Tariff (New Zealand-Hong Kong, China Closer Economic Partnership Agreement) Amendment Bill Page 399
NEW SOUTH WALES: Relationships Register Acr Page 405
NEW SOUTH WALES: Surrogacy Acr 2010 Page 409
OPPOSITION UNITES ON ISSUE OF PRICE RISE Page 390
LABOR FORMS MINORITY GOVERNMENT IN AUSTRALIA Page 402
BUDGET TO RECOVER FROM CONFLICT PRESENTED IN PARLIAMENT Page 410
FIXED-TERM PARLIAMENTS RECEIVES SECOND READING Page 412
The Parliamentarian | 2010: Issue 2010 | 389
Parliamentary news:Layout 1 22/12/2010 14:22 Page 390
PARLIAMENTARY REPORT
INDIA
OPPOSITION UNITES ON ISSUE OF PRICE RISES
Smt. Sushma Swaraj
The Monsoon Session of Parliament that started on 26 July 2010 and ended on 31 August 2010 saw the entire opposition on their feet against the government’s decision to increase the prices of petroleum products. The issue rocked both Houses of Parliament leading to their repeated adjournments. The opposition wanted a discussion under the adjournment motion that entails voting and refused to heed to the Speaker’s plea for allowing the House to run smoothly. Shri Murli Deora, the Minister of Petroleum and Natural Gas said the government was committed to protecting the interests of the people, particularly the vulnerable sections as well as the financial health of the public sector oil marketing companies. As some of the states have high rates of sales tax, Shri Deora appealed to them to shift from ad valoram rates to specific tax. Opposition Members had 390 | The Parliamentarian | 2010: Issue Four
given notices of motion of adjournment to discuss the recent increase in prices of petroleum products resulting in rise in prices of essential commodities, thereby affecting the people in the country. The Leader of the Opposition in the Lok Sabha, Smt. Sushma Swaraj, maintained that the issue was a fit case to be taken up under a rule providing for voting as the opposition wanted to censure the government for burdening ordinary citizens. She claimed that even supporting parties of the government would vote for the adjournment motion and censure the government. The leaders of these parties strongly criticized the government for what they called its failure to address the
Shri Murli Deora
issue of rising prices of essential commodities. The Leader of the Lok Sabha and the Finance Minister, Shri Pranab Mukherjee, however,
had reservations about having a discussion under the adjournment motion. He said such a discussion could only be taken up when the government failed to discharge its duties and there had not been any failure on the part of the government. Shri Mukherjee referred to a ruling given by an earlier Speaker that even if an overwhelming majority of the members of the House desired to discuss a particular subject which was not permitted by the rules of the House, despite the overwhelming majority, the subject could not be discussed. The deadlock between the government and the opposition over the manner of discussion on the price rise issue came to an end on 2 August 2010 with both sides arriving at a consensus on the matter. At an all-party meeting convened by Shri Mukherjee, it was agreed to adopt an identical resolution in the Lok Sabha and Rajya Sabha moved by the respective Presiding Officers after discussion on the issue. The resolution was intended to convey the sense of both the Houses over the price situation. Smt. Swaraj, moving the motion “that this House do consider the inflationary pressure on the economy and its adverse impact on the common man” said although the UPA government came back to power on the plank of ordinary citizens, it had, instead
Parliamentary news:Layout 1 21/12/2010 16:43 Page 391
INDIA
of providing relief, added to their burden by increasing the prices of petroleum products including cooking gas and kerosene that were used by the
Shri Pranab Mukherjee
poor. Referring to the high tax component on petroleum products, she said if the taxes on petroleum products were levied on flat rate basis instead of levying them on percentage basis, it would lessen the burden on the consumer. Quoting the profit figures of public sector oil companies, Smt. Swaraj rejected the government’s claim that the oil companies were running into losses. She criticized the central government for refusing to meet the demand of the states for allocation of more food grains for the public distribution system while huge amount of food grains were rotting in the open due to lack of storage facilities. She urged the House to pass the motion to wake up the insensitive government and compel it to take immediate and effective steps. Strongly defending the policies of the UPA government, Shri Sandeep Dikshit (INC) said several steps taken by the government to tame inflation had led to a price decline. Rejecting the BJP allegation that the UPA government was insensitive to the poor, Shri Dikshit spoke
about various flagship programmes initiated by the government. He said the UPA government had taken initiatives to give a boost to the agriculture sector neglected by the earlier NDA government and requested the government to look for new ways of management of food grains. Describing the government policies as anti-people, the Samajwadi Party leader Shri
Mulayam Singh Yadav said that not only the poor, but the middle class was suffering from the impact of rising prices of essential commodities. He charged the government of lacking financial discipline and the courage to take action against the black marketers and hoarders. Dr Baliram (BSP) said the government lacked sensitivity and was not firm in controlling the price rise.
Shri Sharad Yadav (JD-U) said the situation had worsened further during the second term of UPA. Future trading in agricultural commodities had also substantially contributed to the price rise. Shri Sudip Bandyopadhyay (AITC) termed the price increase as unprecedented. He suggested for strengthening the Public Distribution System (PDS) where all essential
THIRD READING: INDIA The Clinical Establishments (Registration and Regulation) Bill, 2010 The supervision and regulation of the quality of services provided by the health care delivery system to the people by both public and private sectors has largely remained a contentious and, therefore, unresolved issue. The current structure of the health care delivery system in India does not provide enough incentives for improvement in efficiency. Problems range from inadequate and inappropriate treatment, excessive use of higher technologies, and wasting resources to serious problems of medical malpractice and negligence. Despite many State Legislatures in India having enacted laws for regulating health care providers, the general perception is that current regulatory process for health care providers in India is inadequate or not responsive to ensure health care services of acceptable quality. Concerns about how to improve health care quality have continued to be frequently raised by the general public and a wide variety of stakeholders, including the government, professional associations, private providers, agencies financing health care, National Human Rights Commission and also by the judiciary. Accordingly, a need has long been felt for a central legislation for ensuring uniform standards of facilities and services by the clinical establishments throughout the States where the Legislative Assemblies have passed resolutions under article 252 of the Constitution and the
Union Territories and the States which may adopt the legislation by such resolutions. In view of the above, the Clinical Establishment (Registration and Regulation) Bill, 2007 was introduced in Lok Sabha on 30 August 2007 and the same was referred to the Department-related Parliamentary Standing Committee on Health and Family Welfare which made certain recommendations on the provisions of the said Bill. However, the said Bill was lapsed due to dissolution of the Fourteenth Lok Sabha. During Fifteenth Lok Sabha the Government with the avowed objective of ushering in better health care facilities introduced the Clinical Establishments (Registration and Regulation) Bill, 2010 on the lines of earlier Bill incorporating therein certain recommendations made by the Standing Committee. Provisions have been made for the constitution of a National Council consisting of representatives of the Medical Council of India, Dental Council of India, Nursing Council of India, the Pharmacy Council of India and other agencies set up under the States Reorganisation Act, 1956, The North-Eastern Council. Provisions have also been made for preferring appeals with regard to penalties so imposed with the competent appellate authorities. The Bill was passed by Lok Sabha on 3 May 2010 and by Rajya Sabha on 3 August 2010. The Bill as passed by both Houses of Parliament was assented to by the President of India on 18 August, 2010.
The Parliamentarian | 2010: Issue Four | 391
Parliamentary news:Layout 1 22/12/2010 14:23 Page 392
PARLIAMENTARY REPORT
commodities could be sold to the below poverty line people. Shri Lalu Prasad (RJD) felt that since food grains were rotting in the open and the poor did not have access to food, they should be distributed among the poor. He wanted the government to control hoarding and take stern action against the hoarders. Shri Tathagata Satpathy (BJD) said the federal government consistently blamed the state governments for not controlling the prices and tried to pass the buck to the state governments. He asked the government to sit back and seriously think of investing in agriculture. Shri Gurudas Dasgupta (CPI) said the question was whether the government had done its best to contain inflation and curb the price rise. He alleged that the government had failed to control the prolonged inflationary crisis. The rate of inflation or the rate of increase in the prices had been much greater at the retail counters than at the wholesale centers. While Shri D.V. Sadananda Gowda (BJP) said the price rise was due to the mis-governance of the ruling UPA government, Dr Rattan Singh Ajnala (SAD) criticized the government for doing nothing to provide relief and succor to the farmers. Dr Thokchom Meinya (INC) said people of the state of Manipur were buying essential commodities from black market at a very high price. Participating in the debate, Shri Basudeb Acharia (CPI-M) said the government had dealt a severe blow to the people by raising the prices of petroleum products. He demanded the introduction of a universal public distribution system to cover 85 per cent people of the country who were considered poor, vulnerable and middle-
INDIA
class. He suggested for banning the speculative trade in the country. Shri S. Semmalai (AIADMK) attributed the price rise to the faulty planning and wrong priorities pursued by the government. He emphasized the need to have a second green revolution on the farm front. Shri Prem Das Rai (SDF) emphasized the need to create a dynamic poverty index, which could be measured and which was there up front like the GDP figures. He asked the
Shri Gurudas Dasgupta
government to target the supply side vehemently. Stating that prices of some essential commodities including food grains had increased on account of various factors like poor rainfall, rise in cost of inputs, high international prices and rising demand, Shri P.T. Thomas (INC) highlighted the need to have an effective food management strategy to deal with the problem. Shri N. Chaluvaraya Swamy (JD-S) mentioned that the taxation structure on petroleum products had aggravated the suffering of the poor, and was afraid that the government’s decision to decontrol prices of all petroleum products would prove disastrous for the economy. For Smt. Botcha Jhansi
392 | The Parliamentarian | 2010: Issue Four
Lakshmi (INC) the basic reason for inflation was the imbalance between supply and demand, especially in the case of essential commodities. Shri C. R. Patil (BJP) felt the increase in the prices of petrol and diesel had directly affected the prices of food products and vegetables. Shri M.I. Shanavas (INC), while favouring a discussion on the price rise issue also suggested for debating whether deregulation of oil prices were necessary or not. Shri Mukherjee responded that as the opposition was in power in several states, it would be difficult to address the inflationary pressure unless there was a coordinated effort both by the state governments and the central government. He detailed supply-demand and growth-related arguments to explain the rise in prices. Since pulses and oilseeds were in perpetual short-supply efforts were being made to improve the supply of both commodities. He said if there was growth there would be inflationary pressures. The union and the state governments had to work collectively to reduce the price difference between the farm and the kitchen. The government had taken certain steps to protect the vulnerable sections of the society. The Minister said that subsidized essential commodities would be provided to the vulnerable sections of the society through the revamped Public Distribution System. He informed that the central issue price (CIP) of the food grains meant for the PDS had not been changed since 2001 despite the increase in the cost of procurement. He assured that the government would fully implement the recommendations of the
Commission for Agricultural Costs and Prices in regard to the minimum support prices for the crop. Besides creating more storing facilities the government would also extend the Green Revolution to Eastern India, he said. Replying to the debate, Smt. Swaraj said that her party had agreed to the resolution under special circumstances and thought that there would be a sense of the House and the entire House would say something unanimously. The country was expecting that the Finance Minister would announce some relief measures in his speech so that the burden of price rise would come down to some extent, but he failed to do so. She asked the government to bring down the price rise, take steps and give relief to the poor by effecting some rollback. Thereafter, the House agreed with the resolution that “this House, having considered the inflationary pressure on the economy of the country, urges upon the government to take further effective action to contain its adverse impact on the common man” placed before it by the Speaker of the Lok Sabha, Hon. Meira Kumar. The Rajya Sabha also discussed the issue in the form of a motion moved by the Leader of Opposition, Shri Arun Jaitley, on 4 August "that this House does consider the inflationary pressure on the economy and its adverse impact on the common man". At the end of the discussion on 5 August, the Rajya Sabha agreed with the resolution placed before it by its Deputy Chairperson. Civil liability for nuclear damage The Civil Liability for Nuclear Damage Bill, 2010 faced a lot of
Parliamentary news:Layout 1 21/12/2010 16:44 Page 393
INDIA
criticism from the opposition parties who were demanding several changes in the Bill. The Bill was introduced in the Lok Sabha on 7 May 2010 by the Minister of State of the Ministry of Science and Technology, Shri Prithviraj Chavan, despite protest from opposition members. The Bill seeks to provide for civil liability for nuclear damage, appointment of a Claims Commissioner, establishment of a Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto. The principal objective is to provide for prompt compensation to the
Hon. Meira Kumar
victims of a nuclear incident. The Bill was sent to the Parliamentary Standing Committee on Science and Technology, Environment and Forests on 13 May 2010 for examination. In its report presented on 18 August 2010, the Committee had suggested several changes in the Bill. Moving the motion for consideration of the Bill, Shri Chavan said the Bill culminated the journey which the Prime Minister undertook in July 2005 to Washington to end the nuclear isolation of India, which India suffered after the first Pokhran nuclear test. A special regime to stop India from developing nuclear technology had been put in
place and the country was denied elite high technology in
the field of nuclear energy. Consequently, India developed
its own technology with whatever sources of uranium
THIRD READING: INDIA The Mines and Minerals (Development and Regulation) Amendment, Bill, 2010 The Coal Mines Nationalisation Act, 1973 (26 of 1973), allows private companies engaged in generation of power, production of iron and steel, washing of coal obtained from mines and such other end-uses as may be specified by the Central Government by notification, to carry on coal mining for their captive end-use. In order to allocate coal blocks to private companies for captive mining of coal, a Screening Committee was set up in the Ministry of Coal, Government of India through an administrative order, to consider applications made by various companies. On appraisal of the scenario it was seen that with the progressive allocation of coal blocks, the number of coal blocks available for allocation was declining while the number of applicants per block increased, as the demand for coal also increased. This made selection of an applicant in respect of a block difficult and vulnerable to criticism on the ground of lack of transparency and objectivity. Despite efforts to continuously add blocks to the list, it was also expected that the demand for blocks would remain far ahead of supply. Therefore, a necessity arose to bring in a process of selection that was not only objective but also transparent. It was felt that auction through competitive bidding for allocation of coal blocks to private companies was one such acceptable selection process. While the Coal Mines Nationalisation Act, 1973, besides providing for nationalization and associated provisions, specified who could and could not undertake coal mining in India, the entities permitted to carry on coal mining under the said Act followed the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the rules made there under, for acquiring mineral rights, mining lease and other matters related to mineral administration. Hence selection process by auction through competitive bidding for allocation of coal blocks to private companies was sought to be introduced through an
amendment in the Mines and Minerals (Development and Regulation) Act, 1957. The Mines and Minerals (Development and Regulation) Amendment, Bill 2010 was accordingly brought forward by the government. The Amending Bill inserted in the Principal Act a new Section 11A stipulating procedure with respect to coal or lignite. This section empowered Central Government with the purpose of granting reconnaissance permit, prospecting license or mining lease in respect of an area containing coal or lignite – select through auction by competitive bidding on such terms and conditions as may be prescribed, a company engaged in (i) production of iron and steel; (ii) generation of power, (iii) washing of coal obtained from a mine; or (iv) such other end use as the Central Government may be notification in the Official Gazette, specify. It was been further provided that the State Government was also vested with power to grant such reconnaissance permit, prospecting license or mining lease as selected through auction by competitive bidding. During the debate on the Bill in both Houses of Parliament, the Minister piloting the Bill explained the objective of the Amending Bill. The members, while appreciating the objective behind the Amending Bill, expressed concern over allocation of coal blocks to the private sector. While India had been blessed with immense natural resources, the plundering of these resources including coal blocks by private players was a matter of imminent concern. It was also observed that the Public Sector Undertakings which were being starved of coking blocks should get preference. A need was felt for a comprehensive National Mineral Policy. The Minister while replying to the debate assured that all the valuable suggestions of Members would be taken into account by the government. The Bill was passed by Rajya Sabha on 17 August 2010 and by Lok Sabha on 21 August 2010. The Bill as passed by both Houses of Parliament was assented to by the President of India on 8 September 2010.
The Parliamentarian | 2010: Issue Four | 393
Parliamentary news:Layout 1 21/12/2010 16:44 Page 394
PARLIAMENTARY REPORT
INDIA
that was available in the country. India and Pakistan are the two countries which do not have a civil liability nuclear damage law. The Bill is for prompt payment of compensation to victims who are third parties in the case of an unforeseen nuclear accident. The role of each actor in the nuclear energy production programme has to be codified and responsibility has to be fixed on each of them. This is precisely what this Bill sought to achieve, said the Minister. He said the government had tried to take on board the concerns and suggestions of the Standing Committee, leaders of political parties, the civil society groups and the media. The government had tried to address all their concerns and has come to the House with 18 amendments. Initiating the discussion, the senior BJP leader, Shri Jaswant Singh said the Bill made the operator of a nuclear facility absolutely responsible for any damage so that the victim was compensated expeditiously without having to establish any liability before any court or authority. However, no such provision existed in the Bill ensuring that the operator had adequate resources directly or by way of insurance to cover all accidents. The whole question of suppliers’ liability needed to be carefully considered. He alleged that the Environment Ministry did not study the environmental consequences of nuclear reactors even though the extent of damage was enormous. He said the government was hastening the Bill which raised question about its real intent. Shri Manish Tewari (INC) said India needed energy to
make progress and this energy would come from the nuclear reactors. The prime objective of this Bill was to ensure that the affected people received due compensation without any hassle in case of any nuclear accident. In case it was found that any patent defect or design defect was responsible for the nuclear accident, then the supplier, be it Indian or foreign, would be held accountable and pay the compensation. Sincere efforts had been made to strike a balance among the public, consumer and investor, but increasing the amount of insurance too much would directly impact the cost of electricity. Shri Dhananjay Singh (BSP) said the interests of the people of the country should not be jeopardized while making efforts to meet the energy requirement. He alleged the Bill had been brought in haste, but favoured launching awareness programmes to remove the atmosphere of misconceptions about nuclear plants. Shri Sharad Yadav observed that there was a feeling throughout the country that the government had brought the Bill under pressure. He termed 1500 crores rupees compensation as insufficient as a larger amount could be required for restoration of the affected region. Shri Basudeb Acharia (CPIM) said the Bill was U.S.-centric and had primarily been drafted to serve the demands of the U.S. and the interests of business firms by ignoring the interests of Indian people. He wanted to know whether the import of atomic reactors to generate nuclear power would block the indigenous development of thorium-based nuclear power plants which was abundantly available in the country. He also asked whether
394 | The Parliamentarian | 2010: Issue Four
there was international bidding for the supply of reactors and
Dr Manmohan Singh
its prices. He was against prescribing any cap on compensation. Shri B. Mahtab (BJD) agreed the U.S. had developed its relationship with India not merely for strategic reasons but also for the revival of its nuclear energy industry. He suggested that the suppliers’ liability should be part of normal product liability. He believed that without private sector involvement – both Indian and foreign – the ambitious nuclear power targets could not be met. He felt allowing foreign companies to participate in this sector would bring in additional finance, technology and operational experience. Smt. Supriya Sule (NCP) believed there was no option but to turn to nuclear energy, as robust nuclear programmes were critical for India to produce energy and work in areas like health research, technology development, space programmes and for stimulating global interest and investment in India. The Bill addressed the most critical issue which was the level of compensation. Arguing that whoever was liable for any disaster would pay for it, she suggested not making it so stringent that people were scared to invest in the country.
Shri Dasgupta said nuclear power was not the only alternative for India. Without making a scientific assessment about the power potential of the country, it was a myth to say that the country had to depend on nuclear energy to meet its power needs. The Prime Minister, Dr Manmohan Singh, said the Bill completed in a way India’s journey to end the nuclear apartheid which the world had imposed on it in 1974. It was far from the truth that this was being done to promote American interest and to help American corporations. It would be a travesty to say that the government had compromised with India’s national interest. Since utilization of nuclear energy was a serious issue and that it could be misused, all actions leading to use of nuclear energy had to be done with utmost care. He assured that the government would do everything to strengthen the Nuclear Regulatory Board to ensure that the safety concerns received the attention it deserved if the country was to use nuclear power as a major source for generating and meeting India’s need for energy. He strongly believed that development was an act of widening the development options that were open to the country and what the government had done had created more opportunities and more options for India in future to meet its energy requirements. Since hydro power presented limited options and coal offered limited options in so far as its effects on climate change and carbon emissions were concerned, nuclear power was an option which should not be ignored. The effort of the government had made it
Parliamentary news:Layout 1 21/12/2010 16:45 Page 395
INDIA
possible for India to enter into nuclear commerce with other willing countries in order to widen its development option in meeting its energy requirements. Smt. Harsimrat Kaur Badal (SAD) said when the country was not prepared for natural disasters, man-made disasters, how was it prepared for nuclear disasters of a huge scale? An absolute, stringent and high liability clause had to be put in place to ensure total responsibility of all concerned. Replying to the debate Shri Chavan said opposition from some people had already delayed India’s nuclear expansion programme by five years. The government had accepted, after wide consultation, the points that were made particularly on the role of suppliers. He assured that India would join the Convention on Supplementary Compensation for Nuclear Damage (CSC) only if the House agreed at a later date. While the limits of compensation were primarily for taking insurance, the compensation was, in fact,
S,mt. Harsimrat Kaur Badal
unlimited. The government had also accepted the suggestion of the opposition to create a fund similar to the one in the U.S. He assured the House that the country’s three-phase
nuclear research programme would not be compromised at any cost. The Bill, as amended, was
opposition and the Standing Committee on Science and Technology, Environment and Forests.
passed. The government included 18 amendments addressing many of the concerns expressed by the
THIRD READING: INDIA The Representation of the People (Amendment) Bill, 2010 Section 19 of the Representation of the People Act, 1950 provides that every person 18 years and over on the qualifying date and ordinarily resident in a constituency shall be entitled to be registered in the electoral rolls for that constituency. It has been specified under Chapter-III in the Hand Book for Electoral Registration Officers that a person who has been away from the country for business or employment should be treated as having moved out of that place. Mere ownership or possession of a building or other immovable property would not bestow on the owner the residential qualification. At present there are a large number of citizens residing outside India due to various reasons, who have been demanding for voting rights. Though the issue had received the attention of the government for quite some time, yet the demand could not be acceded to owning to certain practical difficulties in enrolling them in the electoral rolls of the concerned constituency and allowing them to cast their votes from outside India within a short span of time available in the election process. The government considered all aspects of the demand and accordingly introduced the Representation of the People (Amendment) Bill, 2006 in Rajya Sabha on 27 February 2006 to enable Indian citizens absenting from their place of ordinary residence in India owing to their employment, education or otherwise outside India to get their names registered in the electoral rolls of the concerned constituency of their place of ordinary residence in India as mentioned in their passport so that they could cast their votes. The Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice which examined the Bill in its Sixteenth Report presented to Rajya Sabha on 4 August 2006 had accepted the aforesaid Bill in letter and spirit
and recommended for bringing a comprehensive Bill on the subject containing the details regarding the manner of enrollment of nonresident Indians, the mode of voting and the conditionalities for contesting elections. The Government decided to withdraw with the leave of Rajya Sabha, the earlier Bill viz. the Representation of the People (Amendment) Bill, 2006. Thereafter, the government brought forward a fresh Bill viz. the Representation of the People (Amendment) Bill, 2010. The Amending Act inserted a New Section 20 A in the Principal Act stating special provisions for citizens of India residing outside India. These included: •
Every citizen of India (i) whose name is not included in the electoral roll; (ii) who has not acquired the citizenship of any other country; and (iii) who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or otherwise) – shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport, is located.
The Amending Act also carried out modifications in section 22, 23 and 28 of the Principal Act with a view to: •
Provide that the Electoral Registration Officer shall make corrections of entries in electoral rolls and inclusion of names in electoral rolls after proper verification;
Members unanimously endorsed the provisions of the amending legislation. The Bill was passed by Rajya Sabha on 30 August 2010 and by Lok Sabha on 31 August 2010. The Bill as passed by both Houses of Parliament was assented to by the President of India on 21 September 2010.
The Parliamentarian | 2010: Issue Four | 395
Parliamentary news:Layout 1 21/12/2010 16:46 Page 396
PARLIAMENTARY REPORT
NEW ZEALAND
FACING THE FINANCIAL REALITIES Speaking on the Imprest Supply Debate on 3 August 2010, the Minister of Finance, Hon. Bill English, MP,
Hon. Bill English, MP
outlined the main components of the government’s economic programme: “This government is dealing with a very considerable challenge in respect of the economy. The economy went into recession in early 2008 because of the mismanagement of the previous [Labour] government, and that was compounded by the global financial crisis. Today we announced the policy expenditure review, which is part of the overall plan for better, smarter public services. In the last couple of Budgets we have reallocated about $2 billion of spending over the next four years from low-cost and ineffective programmes and expenditure 396 | The Parliamentarian | 2010: Issue Four
to higher-priority front-line services. We have had to bring under control the runaway spending habits of a public service that was used to getting pretty much whatever it liked. Another driver is a growth-enhancing tax system. In Budget 2010 we delivered a fairly significant shift in New Zealand’s tax system and there is a pretty simple theory behind it: those things that have been harmful to the economy in excess, such as borrowing for highly leveraged property and too much consumption, now face higher effective tax rates. Those things that we believe will be better for the economy over the next four or five years, such as investment,
Hon. Phil Goff, MP
exports, and savings, are now subject to a lower tax rate. I have to say that we are one of the few developed countries—if there are any others—reducing income tax
rates and taxes on savings as the world emerges from one of the more significant recessions that it has had.” Hon. Phil Goff, MP, Leader of the Opposition, citing Prime Minister John Key’s stated aim for his government to narrow the wage gap with Australia, said that “on any measure, the Key-led National government has failed in that purpose. New Zealanders know they are not better off, they know wages are not increasing at the rate of prices, and they know the wage gap with Australia is growing wider and accelerating by the day. Government Members told the House at the start of the session…their big plan for a step change. They were going to dig up our national parks. Ask anyone in New Zealand, and they will [tell you] that it was a load of nonsense economically and a load of nonsense environmentally. We know that the promise to close the wage gap with Australia was simply empty electoral rhetoric. There is no plan, we are not catching up, and it is getting worse”. Motions — reserve bank funding agreement — ratification On 20 July Mr English moved the ratification of the funding agreement entered into by the Minister of Finance and the Governor of the Reserve Bank on 8 June, pursuant to the
Parliamentary news:Layout 1 21/12/2010 16:46 Page 397
NEW ZEALAND
Reserve Bank of New Zealand Act 1989. The bank’s primary function, as defined by the Act, is to provide “stability in the general level of prices”. This is done through the mechanism of the official cash rate, a percentage that affects short-term interest rates. Mr English described the activities of the Reserve Bank
Hon. David Cunliffe, MP
as having “become significantly more extensive since the last time that Parliament ratified the Reserve Bank Funding Agreement. Five years ago the Reserve Bank had asserts of around $12 billion, and it now has assets of $31 billion. It is our most significant government-owned financial institution by some considerable distance. Interestingly, the growth in the size of the Reserve Bank’s activities occurred during a time when the economy was growing, and over the last couple of years it has been relatively stable. This is in sharp contrast to other central banks around the world that in the last two or three years have, in a number of cases, seen their size treble as they have taken on the assets or liabilities of struggling banking systems”. Hon. David Cunliffe, MP, (Labour) said that although “Labour supports this motion
and recognizes the valuable role that the Reserve Bank of New Zealand plays in conducting monetary policy and prudential policy, and…being the custodian of New Zealand’s single largest financial institution and portfolio”, he considered that the motion “represents an extraordinary wasted opportunity. The problem is that the New Zealand dollar is…one of the most highly traded currencies in the world in absolute terms. Traders have been telling us that one of the reasons the New Zealand dollar is so extremely highly traded is that it is such a clean float. There is almost no
intervention—or very seldom—in the operation of the foreign exchange markets. The effect has been to inhibit exports, to undermine New Zealand’s real economy, to benefit the banking sector, and to contribute to the real estate bubble that has been extreme in New Zealand, to everybody’s detriment. We have had a single-tool, singlegoal approach that is now increasingly looking archaic in an international context.” Trans-Tasman Proceedings Bill Hon. Maurice Williamson, MP, (Minister for Building and
Hon. Maurice Williamson, MP
Construction), moving the third reading of the Trans-Tasman Proceedings Bill on behalf of the Minister of Justice, called the Bill “an important milestone in the creation of a comprehensive new regime to
THIRD READING: NEW ZEALAND Electricity Industry Bill On 23 September Hon. John Carter (Minister of Civil Defence), on behalf of the Minister of Energy and Resources, moved the third reading of the Electricity Industry Bill, describing it as a Bill that would “give the electricity industry a welloverdue overhaul”. He went on to say: “When this government took office there was widespread dissatisfaction with the performance of the electricity sector. Prices had risen relentlessly in the previous decade, especially for residential customers. At the time consumers had been asked several times to save power, because not enough generation had been built to deal with dry years. There was also widespread criticism of the Electricity Commission, which was seen as slow to deal with competition issues and to approve overdue upgrades to the transmission system. Last year the Minister set up a ministerial review to get to the bottom of these problems and come up with a workable and practical solution. The government carefully considered the recommendations of the review, and this Bill implements the final decisions”. Hon. Nanaia Mahuta, gave the reasons why
Labour opposed the Bill: “Throughout the consideration of this Bill, Labour Members have measured their consideration against the three key pillars that we believe underpin responsible reform in the sector: first, does the Bill balance the security of supply and transmission? Second, does the Bill address the affordability and the predictability of electricity pricing? Third, does the Bill enhance the sustainable production of electricity? This Bill does not pass that threshold; instead, it promotes competition, streamlines governance, and progresses structural shifts of assets—all of which, we would argue, do not constrain the price of electricity, and all of which rest the security of supply on thermal generation. We just do not think that that is a responsible way forward”. For Dr Kennedy Graham (Green) the Bill remained “as flawed today as it was when it first appeared before the House. Instead of a wholeof–government strategy envisaging a switch to low-carbon bases for our power sources, the Minister is content to tinker with the imperfect framework of the electricity sector in the name of an outmoded notion of market competition”. The Bill was passed by 66 votes to 49.
The Parliamentarian | 2010: Issue Four | 397
Parliamentary news:Layout 1 21/12/2010 16:46 Page 398
PARLIAMENTARY REPORT
deal with court proceedings and regulatory enforcement across the Tasman. It
Mr Charles Chauvel, MP
implements in New Zealand the agreement between the Government of New Zealand and the Government of Australia on Trans-Tasman
NEW ZEALAND
court Proceedings and Regulatory Enforcement, which was signed in 2008. Together with its Australian equivalent, also called the Trans-Tasman Proceedings Act, this Bill will streamline the resolution of disputes with connections to both New Zealand and Australia”. Mr Williamson went on to say that “as personal and business connections between countries increase, the activities of individuals and businesses are increasingly likely to be affected by more than one legal system. Uncertainty about which court will hear a dispute or whether a person will be able to enforce a judgment in another country causes difficulties for both
Hon. John Key, MP individuals and business. Addressing those issues between New Zealand and Australia is obviously a key plank in progress towards a single economic market. This level of cooperation between two countries on crossborder civil justice issues may be unparalleled
THIRD READING: NEW ZEALAND Welfare Legislation A group of Bills divided from the Social Assistance (New Work Tests, Incentives, and Obligations) Amendment Bill received their third readings on 18 August 2010. The Bills amended five Acts, including the Social Security Act, the Education Act, and the Children, Young Persons, and Their Families Act. Major changes made by the legislation included requiring unemployment beneficiaries to reapply annually for the unemployment benefit, adjustment to benefit rates in line with cost of living increases, and worktesting sole parents with children over six years of age. The Minister of Social Development and Employment, Hon. Paula Bennett, said that the introduction of the legislation represented a turning point for the country: “A debate about the welfare system is now under way, and I think it is high time for that.” Ms Katrina Shanks (National) stated: “I do not apologize for the focus that this legislation has on getting people into work. It is a really positive
398 | The Parliamentarian | 2010: Issue Four
step to have legislation that says the government wants people to enter the workforce and have a successful life.” For Mr Su’a William Sio (Labour), “the reality is that this legislation is about forcing, coercing, and bullying beneficiaries to find jobs”. Hon. Annette King (Labour) explained that “under this legislation a widower will be work tested, but a widow will not. No reason is given for the difference, other than that the government believes that is what the people of New Zealand want. This Bill is about children and the care of children, because the people most affected by this Bill are those on a sole parent benefit”. Ms Catherine Delahunty (Green) said: “It seems that National believes that being poor is a crime”, and suggested that much more should be done to help the poor, including a policy of full employment alongside an income support system. She concluded her speech with an appeal to the Almighty: “God help the poor of Aotearoa.” The legislation was passed by 65 votes to 55.
anywhere in the world. If it proves successful, it may even be looked at as a model of what can be achieved between jurisdictions. The high level of confidence each country had in the other’s legal system—and regulatory system—and our common legal heritage has allowed us to push the boundaries. Most countries do not, for example, enforce another country’s penal laws. The two pieces of legislation will make an exception to that general rule and allow certain criminal fines imposed under one regulatory regime to be enforced in another, in the same way as a civil judgment debt”. Mr Charles Chauvel, MP, (Labour) said that “on the issue of economic catch-up with Australia, which is a mantra we hear a lot of in this House, and outside it, these days, we need more of this sort of legislation to fix the real productivity issues that occur as roadblocks to trans-Tasman business. I would like to see more of this sort of substantive reform;
Mr Gerry Brownlee
reform that is well thoughtthrough and evidence-based, reform of the kind that was advanced so strongly by…the previous [Labour] government, rather than dog-whistle slogans about increasing productivity and trying to catch up with
Parliamentary news:Layout 1 21/12/2010 16:47 Page 399
NEW ZEALAND
Australia, which unfortunately is the record so far of Members opposite.” The Bill passed unopposed. Canterbury earthquake On Tuesday, 7 September, the Prime Minister made a Ministerial Statement to the
Hon. Ruth Dyson, MP
House, following the devastating earthquake that hit the Canterbury region at 4.36 a.m. the previous Saturday. Hon. John Key, MP, reported that it was “a miracle” that no one had been killed in the force 7.1 earthquake, but that people in the region had been injured and badly traumatized, and that
Mr Kennedy Graham, MP
there had been widespread and considerable damage to property and infrastructure. Mr Key praised the “spirit shown by the people of Canterbury” and the “outpouring of sympathy and support” from
governments around the world. Other party leaders joined in expressing their support for, and commitment to, the work of civil defence and the other emergency and community services that had been mobilised immediately following the earthquake and its continuing aftershocks. On 14 September, Mr Gerry Brownlee, the Leader of the House and the newly designated “Minister for Canterbury Earthquake Recovery”, successfully sought the leave of the House to introduce the “Canterbury Earthquake Response and Recovery Bill”, and to have it passed through all stages in one sitting. He explained that the Bill enabled the government to “use Orders in Council to facilitate emergency recovery responses”, and established the Canterbury Earthquake Recovery Commission to coordinate the efforts of central, regional, and local government. Labour and Green Members had serious reservations about the overriding powers of the legislation, but their Members also did not want to be seen to be negative about measures to help Christchurch rebuild. Hon. Ruth Dyson, (Labour) a local Canterbury MP, expressed concern in the Bill’s first reading that the Bill suspended 22 Acts and replaced them with Orders in Council that had “no parliamentary scrutiny”. The Bill was finally passed unanimously after going through all of its stages in its lengthy debate. Green Member Mr Kennedy Graham, MP,, in the third reading, conceded that the legislation needed “national cohesion in a state of extreme urgency in Christchurch”.
THIRD READING: NEW ZEALAND Tariff (New Zealand-Hong Kong, China Closer Economic Partnership Agreement) Amendment Bill On 24 August Hon. Dr Jonathan Coleman (Minister of Immigration), on behalf of the Minister of Trade, moved the third reading of the Tariff (New Zealand-Hong Kong, China Closer Economic Partnership Agreement) Amendment Bill, which amends the Tariff Act 1988 as part of the implementation of the New Zealand-Hong Kong, China Closer Economic Partnership Agreement concluded at Hong Kong on 29 March 2010, to enable the application of preferential rates under the agreement. Mr Coleman described the closer economic agreement with Hong Kong as “a further achievement in New Zealand’s trade agenda. It stands to deliver real benefits to New Zealand businesses by guaranteeing tariff-free entry into the Hong Kong market, securing more certainty of access for our service suppliers, and providing a framework for regulatory cooperation and consultation. It is the first free-trade agreement that Hong Kong has signed outside mainland China”. Mr Coleman added that New Zealand had been striving to secure a trading agreement with Hong Kong for a number of years, including under previous administrations, for several reasons, because Hong Kong was “an important business hub in Asia” and also was
“strategically important as a platform from which New Zealand companies and products enter mainland China. This closer economic partnership complements our free-trade agreement with China, which was signed in April 2008 and is already delivering substantial benefits”. Dr Russel Norman (Green) objected that “effectively, the investment clauses in these treaties lock in existing overseas investment rules, so we cannot tighten the overseas investment rules beyond what they currently are without breaching the terms of the investment clauses within those treaties”. For David Shearer, (Labour) “building economic relationships with Asia in general, but specifically Hong Kong, is vital to New Zealand’s future economic prosperity. Those are the major developing and expanding markets, and, as New Zealand depends so much on our exports, the closer economic partnership is another step in that direction. It is a long way from 1972, when New Zealand shipped practically two-thirds or three-quarters of its exports to the U.K. When the U.K. joined the European Economic Community, we were suddenly faced with the reality that we needed to find other markets. In less than five years, the proportion of exports that we were sending to the U.K. was under 20 per cent”. The Bill was passed by 110 to 7, with the Green Party and two Members of the Maori Party voting against.
The Parliamentarian | 2010: Issue Four | 399
Parliamentary news:Layout 1 21/12/2010 16:48 Page 400
PARLIAMENTARY REPORT
CANADA
PROTECTING INDIVIDUAL SECURITY ONLINE AND IN THE REAL WORLD The past several months have been relatively calm on Parliament Hill. There have been no prorogations or dissolutions of Parliament, such as we have seen several times in the last five years. A significant event was the appointment of H.E. David Johnston as the 28th Governor General of Canada. He replaces outgoing Governor General, Rt Hon. Michaëlle Jean, who began a four-year term as Special Envoy for Haiti, where she is originally from, for the United Nations Educational, Scientific and Cultural Organization on 8 November 2010. Governor General Johnston, an academic who had served as president of the University of Waterloo, was sworn in at an installation ceremony which took place in the Senate Chamber on 1 October 2010. Several bills were introduced in the last few months, and the study of legislation by the House, Senate and their respective committees is moving along. A few of the government bills were introduced at the end of the parliamentary season in June 2010. One of those introduced in June was Bill C-29, an Act to Amend the Personal Information Protection and Electronic Documents Act. This Act governs privacy rights and obligations in the private sector. More specifically, it applies to 400 | The Parliamentarian | 2010: Issue Four
Mr Tony Clement, MP
the collection, use or disclosure of personal information in the course of commercial activities by a private sector organization. The Bill adds new requirements for those organizations to report material breaches of their holdings of personal information to the Privacy Commissioner of Canada as well as the individuals affected by the breach. The Bill also proposes amendments to the Act relating to the protection of minors and other vulnerable individuals, in the context of their online activities, by adding a “consent clause”. This clause would ensure that an individual’s consent to the collection, use or disclosure of his personal information is valid only if “it is reasonable to expect that the individual understands the nature, purpose and consequences of the collection, use or disclosure to which they are consenting”. At the same time as it announced Bill C-29, the
government also reintroduced anti-spam legislation (Bill C-28) that had previously died on the Order Paper following prorogation in December 2009. The proposed legislation’s objective is to deter some forms of spam, such as identity theft, phishing and spyware, from occurring in Canada by regulating online commerce and general electronic communications. The Bill defines what constitutes spamming and sets out provisions to address specific spamming schemes and operations. The Bill also proposes an enforcement regime whereby the Canadian Radio-television and Telecommunications Commission (CRTC), Competition Bureau Canada and the Office of the Privacy Commissioner would have the authority to share information and evidence with their international counterparts that enforce similar laws to allow for prosecution beyond Canada’s borders. On the day the bills were introduced, the Industry Minster, Mr Tony Clement, MP, declared: “With today’s two pieces of legislation, we are working toward a safer and more secure online environment for both consumers and businesses — essential in positioning Canada as a leader in the digital economy.” Another Bill introduced in
Parliamentary news:Layout 1 21/12/2010 16:48 Page 401
CANADA
June was Bill C-38, An Act to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts. The Bill establishes a new civilian review body to replace the existing Royal Canadian Mounted Police (RCMP) Public Complaints Commission, thereby entrenching into law a recent RCMP policy that called on an outside organization to investigate the conduct of one of its members involved in serious incidents. The objective behind this Bill is to restore the public’s trust in the RCMP following a series of incidents involving its members. As the bill was being introduced, the Minister of Public Safety, Hon. Vic Toews, MP, declared that “these newest changes build on the work already underway to strengthen and modernize the RCMP through greater transparency and accountability”. The Commission will investigate complaints and will also be able to launch its own investigations on specified activities of the Force to determine their compliance with applicable Acts, regulations, ministerial directives, policies and procedures. The Commission is given the same powers as a superior court of record such as the power to summon and enforce the attendance of witnesses, compel them to give oral or written evidence on oath and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint. Upon returning from the summer recess, the House of Commons was asked to concur on a report on Bill C-391 from the Standing Committee on Public Safety and National Security, which comprised a
Private Member’s Bill introduced by Conservative Party MP Ms Candice Hoeppner amending the Criminal Code to abolish the long-gun registry. This registry has been the subject of controversy and opposition since it was established in 2001. This was one of several private members’ initiatives intended to abolish the registry. The Bill had been referred to the House of Commons Standing Committee on Public Safety and National Security for study. The Committee reported to the House that Bill C-391 was not further proceeded with. The government supported the Bill but the opposition was
Hon. Vic Toews, MP
divided. Following a highly publicized debate, the House of Commons voted on 22 September concurring with the Committee’s recommendation. The vote was very close, 153 yeas versus 151 nays. On 21 October the Minister of Public Safety introduced Bill C-49, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act (Preventing Human Smugglers from Abusing Canada’s Immigration System Act).These provisions were introduced following the arrival of over 400 Tamil migrants by boat in August, claiming
refugee status in Canada. The Canada Border Services Agency believes this incident was part of a human smuggling operation. Upon introducing this Bill, the minister of Public Safety declared: "The legislation introduced today will send a clear message: Canada opens its doors to those who work hard and play by the rules while cracking down on those who seek to take advantage of our generosity and abuse our fair and welcoming immigration system." Bill C-49 attempts to prevent and respond to human smuggling situations. It amends the Immigration and Refugee Protection Act to authorize the Minister to designate as an irregular arrival the arrival in Canada of a group of persons, the result of which is that some of the foreign nationals in the group become designated foreign nationals. This designation would then subject these individuals to different detention rules and processing of their refugee claims, restrictions on permanent residence, travel and family sponsorship, and governmentprovided health coverage. The Bill expands the offence of human smuggling that already exists in the Act, which currently requires proof that the accused knew that the individuals who were being smuggled into Canada did not possess the documents lawfully required to do so. The amendment would allow for prosecution for any violation of the Act, not just for a failure to enter without the required documentation. The Bill also provides for minimum sentences for the offence of human smuggling and adds the endangerment of the life or safety of any person as a result of the commission of the offence as an aggravating factor for the
purposes of sentencing. The Bill would also amend the Marine Transportation Security Act (MTSA) to essentially increase the penalties for already existing offences. For example, the Act currently provides that certain type and size vessels bound for Canada must file pre-arrival information at a certain time before entering Canadian waters. The proposed amendments to the MTSA would see an increase in monetary penalties and/or imprisonment for individuals who fail to file this information. Canada’s involvement in NATO’s Afghanistan mission dominated Question Period in the House of Commons in November. Canada’s combat is scheduled to end in July 2011, as was voted in Parliament in March 2008. The government has announced in November 2010 that it will spend $500million a year for the next three years to train Afghan security forces thereby continuing, in some capacity, its involvement in Afghanistan until 2014. So far, the government is not seeking Parliament’s approval to this new plan. Some opposition parties are insisting the plan should be debated and voted in the House. In addition to its work on initiatives relating to crime, national security and immigration, as well as other subjects, Parliament has also been turning its attention to its own operations, with the Senate Standing Committee on Rules, Procedures and the Rights of Parliament engaged in a study of the Senate committee structure, and the House of Commons Standing Committee on Procedure and House Affairs having prorogation and Question Period reform, among other things, on its agenda for the coming months.
The Parliamentarian | 2010: Issue Four | 401
Parliamentary news:Layout 1 21/12/2010 16:48 Page 402
PARLIAMENTARY REPORT
AUSTRALIA
LABOR FORMS MINORITY GOVERNMENT IN AUSTRALIA The Federal Election held on 21 August 2010 was extremely close and resulted in the first hung Parliament since 1940. Of the 150 seats in the House of Representatives, both Labor and the Coalition claimed 72 seats each, with the remaining six seats claimed by Independent members. The focus quickly shifted to the Independent members as they would decide which party would form a minority government. The incumbent Independent members in the previous parliament, Mr Tony Windsor, MP, Mr Rob Oakeshott, MP and Mr Bob Katter, MP were joined by Mr Adam Bandt, MP, Australian Greens, Mr Andrew Wilkie, MP, and Mr Tony Crook, MP, the Nationals. The Independent members undertook a series of meetings with the Prime Minister, Rt Hon. Julia Gillard, MP, and the Leader of the Opposition, Hon. Tony Abbot, MP, to determine which party would best meet their policy objectives and deliver stable government. The meetings and deliberations occurred over seventeen days following the election before the independent members delivered their verdict. The majority of the Independents comprising Mr Bandt, Mr Wilkie, Mr Windsor and Mr Oakeshott placed their support behind Labor. On 7 September Ms Gillard announced that she had the 402 | The Parliamentarian | 2010: Issue Four
numbers to form a minority government with 76 seats to the Coalition’s 74. Labor signed a series of agreements with the Independent members which documented the principles that would underpin their support and in turn set out the government’s commitment to parliamentary reform and the delivery of key policy initiatives. Mr Bandt and Mr Wilkie each signed individual agreements
Hon. Tony Abbot, MP
with Labor and Mr Windsor and Mr Oakeshott signed a joint agreement. Each of the independents were committed to supporting stable and effective government through agreeing to vote with the Labor Government to ensure supply and opposing any motion of no confidence in the government that is not moved by them. The various agreements have a series of generic principles and goals including enhancing accountability in the House of
Representatives and documenting measures to guide the working relationship between the government and the independents. For example, when Parliament is in session the Prime Minister will meet with the independents on a weekly basis to discuss and negotiate any planned legislation. On 1 September the Greens represented by Senator Bob Brown, Leader of the Australian Greens, Senator Christine Milne, Deputy Leader and Mr Bandt signed an agreement with the Labor Party. The Greens reported that “Labor will work with the Greens to deliver improved transparency and integrity to Parliament and pursue policies that promote the national interest and address climate change”. Senator Brown, commented that “there will be a Climate Change Committee resourced as a Cabinet Committee, an investment in dental health care in the next budget, and completion of a $20 million study into High Speed Rail by July 2011”. In addition, the agreement will provide for a full parliamentary debate on Australia’s involvement in Afghanistan, and legislation to provide for truth in political advertising. Mr Wilkie is the new independent member for the seat of Denison in Tasmania. His agreement with the government, in addition to
Parliamentary news:Layout 1 21/12/2010 16:48 Page 403
AUSTRALIA
promoting parliamentary reform, also sought to secure funding for public infrastructure in Tasmania. The agreement commits the Labor Government to contribute $100 million upfront to enable the construction of the Women and Children’s Hospital in Tasmania to commence by the end of 2010. In addition, Mr Wilkie has sought to introduce measures to reduce problem gambling. The agreement includes recognition that problem gambling, especially through poker machines, is an important issue which must be addressed by all governments. Mr Windsor and Mr Oakeshott signed a joint agreement with Labor. In addition to measures to enhance accountability, the agreement included a section on restructuring the government, public service, and Parliament to better meet the needs of regional Australia. In particular, the parties to the agreement acknowledged that governing for all Australia means ensuring regional Australia: has its voice heard in the Federal Parliament and in the Federal Government; has its needs and special circumstances considered diligently; gets to benefit from economic development; and gets fair access to services. Opening of Parliament On 28 September 2010 the official opening of the 43rd Parliament was performed by the Chief Justice of the High Court, Mr Justice French, appointed as the Deputy of the Governor-General under section 126 of the Constitution. The opening followed a “Welcome to Country” ceremony by representatives of local indigenous communities, the Ngunnawal and Ngambri peoples. Both the Senate and the House of Representatives
THIRD READING: NEW SOUTH WALES Election Funding and Disclosures Amendment (Property Developers Prohibition) Act 2009 The legislation amends the Election Funding and Disclosures Act 1981 to make it unlawful for a property developer to make a political donation or for a person to make a political donation on behalf of a property developer. It also makes it unlawful for a property developer to solicit another person to make that political donation and for a person to knowingly accept a political donation made by a property developer or made by a person on behalf of a property developer. When introducing the legislation the then Premier, Nathan Rees, commented that the legislation forms the first step in reforms to remove a culture of donations from the New South Wales political landscape. Any political party that breaches the rules will be subject to a maximum penalty of $22,000. In the case of any other person, the penalty is $11,000. These penalties apply in addition to the power of the Election Funding Authority to recoup unlawful donations. When the legislation was introduced the then Premier noted that it was difficult to determine exactly who is a property developer and that "no single definition of 'property developer' will ever be perfect." Accordingly the legislation contains a detailed definition of "property developer" to include: (1) A corporation engaged in a business that regularly involves the making of relevant planning applications in connection with the residential or commercial development of land with the ultimate purpose of the sale or lease of the land for profit; (2) "Close associates" of such corporations – including a director or office of the corporation
will, following amendments to their respective standing orders, begin each sitting with an acknowledgement of country which recognises the Ngunnawal and Ngambri peoples as the traditional custodians of the Canberra area.
and their spouse and any person whose voting power in the corporation or a related body corporate is greater than 20 per cent, and their spouse. Regular employees are not considered to be "close associates". (3) Related bodies corporate and stapled entitles are also deemed to be close associates. It was argued by the then Premier that the definitions in the legislation "…have been carefully crafted so as not to encroach on an individual's right to freedom of political communication, but still ensure that the ban is meaningful and reasonably adapted to address the public's concern about corporate donations from property developers." Corporations such as supermarkets and other retail businesses that make planning applications in relation to properties from which they conduct their usual business such as selling groceries, are not covered by the ban. Also the ban does not apply to home owners or individuals who require development approvals in relation to their home or another property owned by them. The Election Funding Authority will be able to determine whether a person is a professional property developer for the purposes of the ban. The Greens moved a number of amendments in the Legislative Council to increase the penalties to include imprisonment for up to five years and to ban donations from intermediary bodies such as intra-party transfers, where donations are made to a division of a political party in another State and the party then makes the donation to the New South Wales division. The amendments were not agreed to The legislation passed the Parliament unanimously on 3 December 2009 and the Act commenced on assent.
Later in the day H.E. the Governor-General, Ms Quentin Bryce, AC, made her opening speech in the Senate Chamber to Senators and Members of the House of Representatives. In addition to announcing the formal calling together of the Parliament, the Governor-
General outlined the government’s parliamentary agenda for the 43rd Parliament. Ms Bryce in her introduction commented that “I honour the traditional owners of the country upon which we gather and celebrate our Indigenous peoples as the first lawgivers of
The Parliamentarian | 2010: Issue Four | 403
Parliamentary news:Layout 1 21/12/2010 16:49 Page 404
PARLIAMENTARY REPORT
AUSTRALIA
our land”. She noted the civility with which the new Parliament was formed and the objectives to create more transparency and accountability. Some of the key policy objectives expressed by the Governor-General include the need to build a “high-
productivity, high participation, high-skill economy that delivers sustainable growth for all Australians”. Ms Bryce stated that “having emerged from the global financial crisis with some of the best economic outcomes of any advanced nation, the government will
implement measures to ensure Australia’s economy remains flexible and strong”. One of the government’s key objectives is to return the budget to surplus by 2012-13. In relation to education, the Ms Bryce commented that “the government will continue to
THIRD READING: NEW SOUTH WALES Protected Disclosures Amendment (Public Interest Disclosures) Act 2010 Protected disclosures legislation was first introduced in New South Wales in 1994 to protect public officials who disclose instances of corrupt conduct, maladministration and serious or substantial financial waste in the public sector. In November 2009, the Joint Committee on the Independent Commission Against Corruption reported on the Protection of public sector whistleblower employees. The report included a total of 31 recommendations for reform of the protected disclosures scheme. This legislation implements all of the major recommendations for legislative change in the Committee's report. The Bill creates a Public Interest Disclosures Steering Committee to provide advice to the Minister on the operation of the principal Act and suggestions for reform and to receive, consider and provide advice to the Minister on reports by the Ombudsman under the principal Act. This Steering Committee implements the recommendation of the ICAC Committee for an oversight mechanism to consider whether extensive reforms are required to the protected disclosures regime. The Steering Committee will consist of the Ombudsman, who will chair the committee, the Director-general of the Department of Premier and Cabinet, the Auditor-General, the Commissioner of the Independent Commission Against Corruption, the Commissioner for the Police Integrity Commission, the Director-General under the Local Government Act 1993, the Commissioner of Police, and other members prescribed by the regulations. The legislation amends provisions that limit protected disclosures to disclosures that reveal corrupt conduct, maladministration or serious and
404 | The Parliamentarian | 2010: Issue Four
substantial waste of public money so that a disclosure will be protected when the person making the disclosure honestly believes, on reasonable grounds, that the disclosure reveals corrupt conduct, maladministration or serious and substantial waste of public money. It was noted during the Agreement in Principle speech that the new test is more practical. The legislation also provides for new remedies for whistleblowers by enabling them to seek compensation should reprisal action be taken against them. The legislation improves the effectiveness of the protected disclosures scheme by requiring all public authorities to adopt internal protected disclosures policies and prepare annual reports on their obligations under the Act. In relation to the Parliament the legislation specifically provides that Members of Parliament and persons employed by the President of the Legislative Council or Speaker of the Legislative Assembly are public officials. It also provides that a disclosure by a public official may be made to the Clerk of the Legislative Assembly, the Clerk of the Parliaments or the Executive Manager of the Department of Parliamentary Services if the disclosure concerns the conduct of a Member of Parliament and is made in accordance with official established procedures. Government amendments were agreed to in relation to excluding the Parliament from the Ombudsman's jurisdiction in relation to audits conducted by the Ombudsman under the legislation. This is in line with current legislative provisions that exclude the Parliament and its Members from the Ombudsman's jurisdiction. The Bill was passed by the Parliament on 27 October 2010 and was assented to on 1 November 2010. The Act will come into force on a date to be proclaimed.
build on its landmark reforms in early childhood education, schools, vocational education, universities and research”. The needs of regional Australia has taken on greater emphasis during this parliament. Ms Bryce stated that “the recent election has brought renewed attention to the needs of the one-third of Australians who live outside our major cities and who exemplify in a special way our nation’s heritage and character”. She noted that “those citizens rightly aspire to high quality, accessible services befitting their status as equal members of the Australian community”. Ms Bryce reported that “accordingly the government has appointed a new cabinet level minister for regional Australia, supported by a new department of regional Australia”. In concluding her address, the Governor-General commented that “with the convening of the 43rd Parliament, our system of government ventures into terrain not encountered since the far-off days of World War II. As one of the world’s oldest continuing democracies, we have it within our grasp to ensure that the challenges posed by the configuration of this parliament become a source of renewal and change”. Election of the new Speaker of the House of Representatives In the week preceding the opening there was public debate and high level discussions between the party leaders over which party would fill the position of Speaker. Labor agreed to fill the position of Speaker by nominating the previous Speaker, Hon. Harry Jenkins, MP. In providing the position of Speaker, Labor’s
Parliamentary news:Layout 1 21/12/2010 16:50 Page 405
AUSTRALIA
working majority reduces by one so that its working majority is 75 to 74 votes. Under the Australian Constitution the Speaker of the House of Representatives does not have a deliberative vote but only a casting vote in the event that the votes are tied. Mr Jenkins was first elected in 1986 for the Victorian electorate of Scullin. He previously served as the Deputy Speaker from 1993 to 1996, the Second Deputy Speaker from 1996 and as the Speaker from in the 42nd Parliament. The Agreement for a Better Parliament signed by Labor, the Coalition and the Independents before it was known which party could form a minority party attempted to deal with the independence of the Speaker. The agreement stated that “if the Speaker is drawn from a political party then the Deputy Speaker will be drawn from an alternate political party and both the Speaker and Deputy Speaker when in the Chair, be paired for all divisions”. However, the Coalition raised concerns about this measure when the Independent member, Mr Oakeshott indicated that he would be interested in the position of Speaker provided that in a division an opposing “pair” could be found to offset his potential position in any division. The coalition rejected this proposal on the grounds that it could be in contravention of the constitution which precludes the Speaker from having a deliberative vote. While Mr Oakeshott did not agree with this position and being unable to garner support from the Coalition he withdrew his candidacy for the Speakership. For the election of Deputy Speaker two candidates from the opposition were nominated.
The government in a surprise move nominated Hon. Peter Slipper, MP, Liberal member for the seat of Fisher, who duly accepted the nomination. The opposition nominated their preferred candidate, Hon. Bruce Scott, MP, National party member for the seat of
Maranoa. Mr Slipper won the ballot 78 votes to 71. Mr Slipper was first elected to the seat of Fisher in 1984, defeated in 1987, and then was re-elected in every election since 1993. He has held the position of Parliamentary Secretary to the Minister for Finance and
Administration from 1998 to 2004 and acting Parliamentary Secretary to the Prime Minister from 2002 to 2003. New Government and Shadow Ministries On 11 September a few days after the Independent
THIRD READING: NEW SOUTH WALES Relationships Register Act 2010 This legislation provides for the legal recognition of relationships of couples, regardless of sex, by registration of the relationships. It creates a voluntary option for couples to demonstrate their de facto status more easily when dealing with various bodies such as government agencies and service providers in order to access their rights and entitlements. The Act is part of a series of reforms aimed at making it easier for unmarried couples to demonstrate that they are in a committed or de facto relationship and to facilitate easier access to legal entitlements, particularly for same-sex relationships. The register brings New South Wales into line with Commonwealth Government initiatives to remove discrimination against unmarried people in heterosexual and same-sex relationships. The legislation will enable New South Wales citizens to be automatically recognized as de facto partners for the purposes of Commonwealth legislation as well as New South Wales legislation. This will enable people to more easily access certain entitlements and have coverage by legal rights. The relationships register also creates a mechanism to provide certainty in identifying parties to a relationship to address any doubt that the relationship exists for legal purposes. Registration under the Act does not replace the existing framework for recognizing de facto relationships. However, the legislation provides for a new definition of “de facto” partner that has become standard for most laws in New South Wales. The new definition will recognize two categories of relationships, those that have their relationships registered, either in New South Wales or interstate, and those who have not registered their relationship but still meet a list of factors used to determine the existence of a relationship. Consequential
amendments to 120 pieces of legislation in New South Wales mirror or refer to this new definition. The New South Wales Parliament has no constitutional power to legislate in relation to marriage, which is defined by the Commonwealth's Federal Marriage Act 1961 to exclude same-sex couples. However, the Bill does recognize the freedom of individuals to choose to enter relationships in diverse forms, and provides legal recognition and support for that choice. The register will be administered by the Registrar of Births, Deaths and Marriages. A relationship can be registered where the parties to the relationship are adults, at least one of whom resides in New South Wales; are in a relationship as a couple; are not married, in another registered relationship, or in a relationship as a couple with another person; and are not related to each other by family. As with similar schemes in other Australian jurisdictions it is not a requirement for registration that couples live together. However, for some legislative requirements, where a de facto relationship is the test, cohabitation is required. The government has discussed reciprocal arrangements with those jurisdictions in Australia that have similar schemes to ensure that "interstate relationships" are recognized and couples do not have to re-register in these states if they move. The Bill passed both Houses of the New South Wales Parliament without amendment. The opposition was permitted a conscience vote on the legislation with nine Members opposing it in the Legislative Assembly. Five Members in the Legislative Council opposed the legislation (three opposition members and two crossbench members). It was assented to on 19 May 2010 and all provisions in the legislation have commenced.
The Parliamentarian | 2010: Issue Four | 405
Parliamentary news:Layout 1 21/12/2010 16:51 Page 406
PARLIAMENTARY REPORT
AUSTRALIA
THIRD READING: NEW SOUTH WALES Parliamentary Budget Officer Act 2010 This legislation establishes an independent statutory office of Parliamentary Budget Officer to provide independent costings of election promises and, outside pre-election periods, to provide independent costings of proposed policies of Members of Parliament. The Officer will also provide independent analysis, advice or briefings of a technical nature on financial, fiscal and economic matters to individual Members of Parliament. The Parliamentary Budget Officer will be appointed though a committee of senior government officials who will make recommendations to the Presiding Officers of the Parliament, who will in turn make the final appointment for an initial term of nine years. The panel of senior government officials will consist of the NSW Ombudsman, the chairperson of the Independent Pricing and Regulatory Tribunal, and the New South Wales Information Commissioner. When introducing the legislation the Minister for Finance advised that "the Parliamentary Budget Officer will be accountable to the Parliament, not the executive, in order to ensure accountability and transparency between the Legislature and the executive, and generally in regard to budget information and analysis, including costing of commitments made during election campaigns to achieve a higher level of governance". In reference to the Officer's role in the costing of election promises, the Bill repeals the Charter of Budget Honesty (Election Promises Costing) Act 2006, which the Minister argued was "…continually criticised by the opposition and others due to a perceived, but nonexistent, bias by Treasury towards the incumbent government". The new legislation retains elements of the costing process under the former Act but will ensure that there is "a high-quality and independent election costing process in place that is beyond any criticism concerning impartiality or independence". The legislation establishes the first Independent Parliamentary Budget Office in Australia. However, it was noted during the Agreement in Principle Speech that proposals for a Parliamentary Budget Office have been made at the Federal level by both sides of politics and that it is an element of reform in the “Agreement for a Better Parliament” that has been agreed to by the Minority Labor Government and the Independents who hold the balance of power in the Federal House of Representatives. The Bill was amended in the Legislative Council to provide that only party leaders could have their party's promises costed. The amendments were agreed to by the Legislative Assembly and the Bill was passed by the Parliament on 28 October and was assented to on 1 November 2010. The provisions of the Act regarding the appointment and remuneration of the Parliamentary Budget Officer commenced on the date of assent. The rest of the Act commences on 25 January 2011. Criminal Assets Recovery Amendment (Unexplained Wealth) Act 2010 This legislation expands, in a very significant way, the existing regime for the confiscation of assets derived from criminal activity. It amends the Criminal Assets Recovery Act 1990 to provide for unexplained wealth orders as a means of recovering criminal assets by the NSW Crime Commission (in addition to assets forfeiture orders and proceeds assessment orders). An unexplained wealth order (like a proceeds
406 | The Parliamentarian | 2010: Issue Four
assessment order) requires the Supreme Court to order a person who has engaged in serious crime related activity (or who has obtained illegally acquired property from the activities of such a person) to pay the Treasurer an amount equal to the value of the person's current or previous illegally acquired wealth. Hon. Michael Daley MP, Minister for Police explained that under the legislation the NSW Crime Commission can apply to the Supreme Court for an order to confiscate all or part of a person's wealth on the grounds that "…there is a reasonable suspicion that [the] person has engaged in serious crime-related activity and [the] person cannot lawfully account for the sources of their wealth". This means that, for the first time, a person's assets could be confiscated by the State without a finding by a Court that the person has engaged in serious crime related activity. The Crime Commission only needs to establish a reasonable suspicion that a person has engaged in such criminal activity and the onus would then be on the person to prove to the Court that their wealth was lawfully acquired. In 1990, New South Wales became the first State in Australia to introduce civil confiscation laws. Under these laws, a court can make an order for the confiscation of assets from a person even if the person has not been convicted of an offence. A confiscation order can be made if the court is satisfied on the balance of probabilities that the person has engaged in serious criminal activity. The legislation is in addition to the existing powers already available to the New South Wales Crime Commission to commence confiscation proceedings relating to restraining orders, assets forfeiture orders and proceeds assessment orders. The Minister noted in his speech that "the national movement towards adoption of unexplained wealth confiscation regimes to assist in combating organised crime was confirmed by national senior officers meetings on 5 June 2009, 17 July 2009 and 5 February 2010. Two Commonwealth parliamentary reports have also commented favourably upon unexplained wealth provisions. The Commonwealth Senate Standing Committee on Legal and Constitutional Affairs supported unexplained wealth confiscation, stating that the Committee; wholeheartedly endorses the purpose of the unexplained wealth provisions: namely targeting the people at the head of criminal networks, who receive the lion's share of the proceeds of crime, whilst keeping themselves safely insulated from liability for particular offences". The Legislation Review Committee expressed concern that provisions of the legislation reversed the onus of proof that traditionally requires the authority or prosecution to prove all the elements of an offence. The Committee noted "this is inconsistent with a presumption of innocence, a fundamental right established by Article 14(2) of the International Covenant on Civil and Political Rights." The Shadow Attorney-General raised concerns about the constitutional validity of the legislation in relation to the judicial power of the Commonwealth. While not opposing the Bill the opposition was critical of its rushed passage through the House. The Bill passed both Houses of the New South Wales Parliament unanimously without amendment and was assented to on 10 September 2010. The legislation commenced on the date of assent.
Parliamentary news:Layout 1 21/12/2010 16:51 Page 407
AUSTRALIA
members backed Labor to form government, the Prime Minister announced her new Ministry. Ms Gillard stated that her Ministers “will work closely with the Independents and the Greens to deliver stable and effective government for all Australians for the next three years no matter where they live”. Ms Gillard commented that “as promised, the new Ministry will provide a new focus on regional Australia with a dedicated Department within my portfolio and a dedicated Cabinet Minister, who will be supported by Ministers and parliamentary secretaries across the nation”. The new Minister for Regional Australia, Regional Development and Local Government is Hon. Simon Crean, MP. The Deputy Prime Minister, Hon. Wayne Swan, MP will remain as Treasurer with the task of continuing to build the economy and bring the budget back into surplus by 2013. The former Minister for Climate Change and Water, Sen. the Hon. Penny Wong will be Minister for Finance and Deregulation. The Leader of the Government in the Senate is Sen. the Hon. Chris Evans
Hon. Kevin Rudd, MP
who is Minister for Tertiary Education, Skills, Jobs and Workplace Relations. The former Prime Minister, Hon. Kevin Rudd, MP, will take
on the role of Minister of Foreign Affairs. The new Minister for Defence is Hon. Stephen Smith, MP. One of the key policy issues
Hon. Joe Hockey, MP
identified by the Independent members that backed Labor was the proposed $43 billion National Broadband Network. Sen. the Hon. Stephen Conroy was reappointed at the Minister for Broadband, Communications and the Digital Economy. A few days after Ms Gillard’s announcement, the Leader of the Opposition announced his Shadow Ministry. Mr Abbott noted that his team has “deep connections to the community, ensuring that we will continue to put forward practical policies that help Australian families get ahead”. The Deputy Leader of the Opposition, Hon. Julie Bishop, MP, remains as Shadow Minister for Foreign Affairs and takes on the additional role of Shadow Minister for Trade. The Leader of the Opposition in the Senate is Sen. the Hon. Eric Abetz who continues to serve as Shadow Minister for Employment and Workplace Relations. The Coalition’s economic team continues to comprise Hon. Joe Hockey, MP, and Hon. Andrew Robb, MP, as Shadow Treasurer and Shadow
Minister for Finance, Deregulation and Debt Reduction respectively. The former Leader of the Opposition, Hon. Malcolm Turnbull, MP, rejoins the Shadow Cabinet as Shadow Ministry for Communications and Broadband. Mr Abbot stated that “as one of the founders of OzEmail, Australia’s first big internet company, Malcolm brings unrivalled experience and passion to this portfolio area and he will hold the government ferociously to account for their reckless and uncosted National Broadband Network”. Parliamentary Reform Package The new found power of the independent members has provided them with an opportunity to strike a deal with the Coalition and Labor on a series of accountability reforms for the House of Representatives. The reform package was directed specifically at the House of Representatives. The Senate Procedural Information Bulletin (SPIB) in noting this point commented that the proposed reforms to the House of Representatives seek “to transform it from an executivedominated forum to a multiparty chamber with a minority government”. The SPIB further commented that “it is not surprising that many of the proposed reforms adapt procedures used for many decades in the Senate where it has been unusual for any party to command a majority of seats and where multi-party composition is the norm”. The Agreement for a Better Parliament states that the “principles behind this document are twofold; to confirm 150 local MP’s (and by
extension their communities) as the foundation blocks of our Australian system of democracy, and increasing the authority of the Parliament in its relationship with the Executive”. Some of the key reforms include the establishment of a selection committee and the election of a Speaker independent from government. The selection committee will consist of aligned and nonaligned members and be chaired by the Speaker. All Bills introduced into the House will be referred immediately to the selection committee. Those Bills regarded as controversial or requiring further consultation or debate will be immediately referred to the relevant Standing or Joint Committee for an advisory report. Question time in the House of Representatives will be improved by setting fixed time limits for questions and answers with supplementary questions given at the discretion of the Speaker. In addition, the agreement ensures that there will be a fixed and fair allocation of questions for independent and minority party members. Matters of Public Importance will be extended from the current 60 minutes to 90 minutes and the debate will immediately follow Question Time. More time will be provided for Private Members’ Business and Private Members’ Bills. In particular, time will be allocated for votes on Private Members’ Bills during government business time in the Main Chamber. The reform of House of Representatives committees will be achieved by enhancing the role of cross-bench members and conducting an external review of committee staffing. The Chair of the Joint Committee of Public Accounts
The Parliamentarian | 2010: Issue Four | 407
Parliamentary news:Layout 1 21/12/2010 16:51 Page 408
PARLIAMENTARY REPORT
AUSTRALIA
and Audit will be drawn from a member of a non-Government party or a non-aligned party. A new House of Representatives Committee on Regional Australia will be established which will enable members to inquire into the state of the regions, the impact of legislation on regional communities and the resourcing of communities. This committee is expected to be chaired by an independent member. Currently government responses to committee reports are, by convention, expected within three months although this requirement is often ignored by government with responses often taking years. The reform package will now require the government to respond to committee reports within six months. The agreement notes that if a response has not been received within six months then “a statement signed by the relevant Minister must be tabled stating the reasons why the response could not be prepared in time”. In addition, the Minister must also “make themselves available to appear before the relevant Committee at the next reasonably available opportunity to answer questions on that statement”. A Parliamentary Budget Office will be established, based in the Parliamentary Library, “to provide independent costings, fiscal analysis and research to all members of parliament, especially non-government members”. A House of Representatives Committee on Appropriations and Administration will be established, Chaired by the Speaker, to make recommendations to the House on estimates of the
funding required for the operation of the Department of the House of Representatives. A similar committee exists for the Senate which has helped ensure the adequacy of the budget for the Department of the Senate. Mr Harry Evans, the former and longest serving Clerk of the Senate, reviewed the reform package and its potential impact on Senate scrutiny. Mr Evans noted that while many of the reforms had been debated for some time, the tight Executive control of the House of Representatives had precluded the introduction of enhanced accountability mechanisms. Mr Evans stated that “now that the Gillard government has been compelled to accept these reforms, the greatest difficulty will be in making them last. When there is a return to majority government, executive control will be reasserted, and the house will go back to its bad old ways”. Mr Evans has questioned whether an independent Speaker, time limits on questions and proper ruling on relevance will ensure that questions are answered. He stated that these types of reforms “have been in effect in the Senate for years but have not cured the problem”. While Mr Evans sees some positives in the House Committees performing “real accountability” by scrutinising more legislation, this has implications for the work of Senate committee which currently perform the bulk of legislative scrutiny. He notes that “the question that arises here is whether the government will have the patience and fortitude to put up with the same degree of scrutiny and amendment in both houses”. Most importantly, Mr Evans
408 | The Parliamentarian | 2010: Issue Four
warns against allowing the Senate’s accountability mechanisms to be allowed to run down. Mr Evans commented that “then when majority government returns and executive control of the house is reasserted, it will be difficult to gear up the Senate again, with government less accountable than before”. Senate Budget Estimates – 18 -21 October 2010 Senate Supplementary Budget Estimates were held between 18 and 22 October 2010. Some of the procedural issues of note related to complaints about late answers to questions taken on note at the previous estimates round, and the future role of the Parliamentary Budget Office (PBO). In relation to late answers, the Senate Procedural Information Bulletin (SPIB) reported that “some departments explained that they had provided answers to ministers’ offices before the election but that they had not been dealt with”. The election break was not an adequate excuse for questions on notice to have been ignored. The SPIB stated that “committees did not generally accept that the caretaker convention prevented action on answers and at least one minister, Senator Sherry, in the Finance and Public Administration Legislation Committee's hearings, agreed that it was neither satisfactory nor appropriate that no answers to questions taken on notice in relation to regional matters had been provided, notwithstanding the changes in administrative arrangements in this area”. Under the parliamentary reform package for the 43rd Parliament, there was a proposal for the creation of the PBO, yet how this will
operate has not been determined. The SPIB commented that the Department of Finance and Deregulation “envisaged that the PBO may be the best body to resolve the longrunning dispute between the Senate and the executive over the meaning of ‘ordinary annual services of the government’ in section 53 of the Constitution”. The SPIB disagreed with this and commented that “a PBO is unlikely to have any useful role or expertise in the matter which is essentially a dispute between the Senate and the government”. The estimates hearings resulted in a range of government programmes and administration being subject to scrutiny. This process is one of the most effective means by which the performance of executive government is held to account by the Parliament. While the scrutiny was wide ranging, some of the issues covered included the administration of Australian Defence Force personnel charged with potential war crimes in Afghanistan, problems with the computers in schools programme and the administration of swine flu vaccinations. Three ADF personnel serving in Afghanistan during February 2009 are subject to court martial proceedings over the deaths of civilians during a firefight. The Chief of the Defence Force, Air Marshal Angus Houston, appearing before the Senate Foreign Affairs, Defence and Trade Legislation Committee explained that due process was being followed and those charged would receive a fair trial. Senator David Johnston led a series of questions examining Defence over its handling of this matter.
Parliamentary news:Layout 1 21/12/2010 16:53 Page 409
AUSTRALIA
The objective of the computers in schools programme is the distribution of computers to schools throughout the country. Senator Brett Mason in scrutinising officials from the Department of
Education, Employment and Workplace Relations revealed that only 44 percent of computers had been delivered to schools and the objective was to deliver another 400 000 during the next 14 months.
The Australian Government’s response to the potential threat of the swine flu epidemic was to order 21 million doses of swine flu vaccine. Senator Concetta Fierravanti-Wells and Senator
Sue Boyce while examining officials from the Department of Health highlighted the point that almost nine million swine flu vaccines would reach their expiry date without being used.
THIRD READING: NEW SOUTH WALES Surrogacy Act 2010 This Act introduces comprehensive surrogacy laws for New South Wales. It sets out a framework to recognize certain surrogacy arrangements, to prohibit commercial surrogacy and to provide for the status of children of surrogacy arrangements. The Act provides a framework for the Supreme Court to grant orders that would transfer full legal parentage of children from their birth parent, or birth parents, to the intended parents under a surrogacy arrangement. The Attorney-General when introducing the legislation commented: "This will come as a relief to families who would otherwise have had to turn to adoption processes, which can be a long and laborious process, or parental responsibility orders from the Family Court, which are not permanent and do not apply when children reach adulthood." Under the legislation parentage orders can only be granted by the Supreme Court if certain safeguards are observed. An order can only be made where this is in the best interests of the child and cannot be made in relation to a commercial surrogacy arrangement or an arrangement reached after conception. In addition, the parties to a surrogacy agreement must obtain counselling and legal advice before entering into the arrangement, to ensure that they understand the social, psychological and legal implications of doing so. The arrangement must be in writing and the birth mother must be at least 25 years old when she enters into the surrogacy arrangement. The consent of the birth parents to the making of the parentage order is required and the intended parents must be at least 18 years old at the time of entry into the surrogacy arrangement. An amendment was passed by the Legislative Assembly to require intended parents under 25 to demonstrate to the satisfaction of the court that they are of sufficient maturity to be granted a parentage order. The child must be living with the intended parents at the time of the hearing, which the Attorney-General noted demonstrates "…the willingness of the birth parents to hand the child to the intended parents and the intended parents' willingness to accept care of the child". The Act also requires that there must have been a "medical or social need" for the surrogacy arrangement for a parentage order to be granted. This requirement restricts the grant of parentage to surrogacy arrangements that have been entered into because the intended parent or parents would not otherwise be able to have children. In accordance with this requirement, the legislation requires the
parties to provide information about the surrogacy to the DirectorGeneral of Health to be recorded on the register administered under the Assisted Reproductive Technology Act 2007. The Act does not impose pre-conditions in relation to the gender of intended parents, nor their relationship status, apart from a requirement that if two people enter into a surrogacy arrangement as intended parents, they must be a couple. Accordingly, parentage orders are open to same-sex and de facto couples. There is no restriction on the form of conception that may be used in a surrogacy arrangement for which a parentage order will be available. The Attorney-General noted that there was due to a number of reasons. First, the government generally agrees with the principle of minimal State intervention "legislation should not prescribe what form families should take". Second, children born into surrogacy arrangements involving same-sex, single and unmarried parents, will have varying forms of conception. A range of amendments to other Acts to ensure the practical benefits and implications of a transfer of parentage flow through to other areas of law. Commercial surrogacy will remain a criminal offence and surrogacy arrangements will remain unenforceable. A government amendment was passed by the Legislative Assembly to extend the prohibition on commercial surrogacy to jurisdictions outside New South Wales preventing New South Wales' citizens from engaging in commercial surrogacy arrangements overseas. However, parties can enforce an obligation under an arrangement to pay the birth mother's reasonable surrogacy costs including the costs of becoming or trying to become pregnant, as well as the costs of a pregnancy or birth, or a surrogacy arrangement. Due to the controversial nature of the legislation, both the government and opposition permitted their Members a conscience vote on the legislation. A number of amendments were moved in the Legislative Council to restrict surrogacy arrangements to heterosexual couples and to provide that a woman who enters into a surrogacy arrangement as the birth mother must have previously given birth to a child. These amendments were defeated and the Bill passed the Legislative Council 24 to 9. The legislation was agreed to in principle in the Legislative Assembly 54 to 31. The Act was assented to on 16 November 2010. The provisions are not currently in force and will commence on a date to be proclaimed.
The Parliamentarian | 2010: Issue Four | 409
Parliamentary news:Layout 1 21/12/2010 16:54 Page 410
PARLIAMENTARY REPORT
SRI LANKA
BUDGET TO RECOVER FROM CONFLICT PRESENTED IN PARLIAMENT President Mahinda Rajapaksa, as the Minister of Finance and Planning, presented the budget proposals for 2011 at Parliament on 22 November 2010. The budget was presented to Parliament immediately after the President commenced his second term as the Executive President. President Rajapaksa explained, “People have placed their confidence in us to lead our beloved motherland to a bright future. They want a decent living, a clean environment and a better life for their children. I remain firmly committed to give an uncompromising leadership to fulfill their aspirations.” He further mentioned that during his period Sri Lanka’s poverty and unemployment rates had sharply declined. Empowering rural people was one of the key areas of Sri Lankan economy since Sri Lanka was still based on agricultural economy. Based on this factor, the government had focused on developing the accessibility of electricity, a road network, drinking water, telecommunication facilities, market places and townships. The programme of “Gama Neguma” (Developing Villages) which was implemented to develop the rural area, had completed 72,105 projects at a cost of Rs. 27,888 million during 2006-2009 and it had benefited 11.9 million people up to now. 410 | The Parliamentarian | 2010: Issue Four
President Mahinda Rajapaksa reading out the budget in the Sri Lankan Parliament.
As a result rural community participation and contribution to the Sri Lankan economy had risen. For example, access to electricity in the rural sector has increased to 83.2 per cent and safe drinking water had increased to 87 per cent
countrywide in 2009. In addition the government had ensured some of the facilities such as maintaining a minimum price for paddy and other crops and continuing fertilizer subsidies for farmers. It was stated in the budget
Parliamentary news:Layout 1 21/12/2010 16:54 Page 411
SRI LANKA
speech that while fighting the war the government was able to conduct massive infrastructure development projects in relation to power generation, port services, irrigation systems and reservoirs, and building roads and bridges. Investments in education and health to modernize school facilities and universities as well as hospital
implemented a reconstruction programme worth US$ 2 billion in the north and expected to be completed by 2012. The President proposed to allocate Rs. 3,000 million over a period of three years to address economic difficulties of security forces personnel who had suffered along with their families during the armed conflict.
around 6 to 7 per cent, our total investment can be raised from around 25 to 27 per cent to 32 to 35 per cent of GDP, to support the targeted economic growth in excess of 8 per cent in the medium term and 10 per cent thereafter.” He added that according to the “Mahinda Chintana – vision for the future” per capita income was targeted to
facilities had been given top priority even during the war. In addition, the government had been able to resettle 263,000 internally displaced persons (IDPs) from the conflict and only 15,000 people remained to be resettled. The government
He said, “we have targeted to increase private investment from both foreign and domestic sources from the present level of 19 to 21 per cent of GDP to a range of 26 to 28 per cent over the next six years. This together with public investment of
increase up to US$ 4,000 by 2016. As a prospect in generating income and employment, the sectors of export, tourism, plantation, banking and financial institutions, telecommunication and apparel
industry were mainly focused to be developed under macroeconomic policy in the 2011 budget. New strategies and institutional mechanisms would be established to improve the “investment climate”. A skilled labour force, political stability, a low tax regime and efficient government institutions would be focused as an investment promotion strategy in this budget. Public and private sectors, youth, elders, farmers, investors, businessmen and women would benefit as a result of wage increases. Summarizing the budget speech, the president said that the government had projected Rs. 963 billion as the total revenue and recurrent expenditure was likely to be Rs. 1,017 billion. Therefore the basic deficit of budget would be around Rs. 54 billion. He explained that as our major investment in infrastructure, human resources, rural development and social security increased, it would amount to Rs. 434 billion which was 6.8 per cent of GDP in 2011. According to the medium term objective it was expected to narrow down the budget deficit to 6.8 per cent of the GDP in 2011. The President ended by saying that “my policy strategy, commitment and leadership aims at building a prosperous future for our children. Their future lies in a knowledge economy. Let us join hands to make our country the Emerging Wonder of Asia”. The Parliament passed the second reading of the budget 2011 on 30 November 2010 with a majority of 104 votes in Parliament. The government received 150 votes against 46 for the budget. The opposition, United National Party (UNP) and the Democratic National Alliance (DNA) voted against it.
The Parliamentarian | 2010: Issue Four | 411
Parliamentary news:Layout 1 21/12/2010 16:54 Page 412
PARLIAMENTARY REPORT
UNITED KINGDOM
FIXED-TERM PARLIAMENTS BILL RECEIVES SECOND READING Westminster returned from its summer recess on 6 September 2010 for a twoweek sitting period before the main party conferences. The House of Commons considered two far-reaching
Rt Hon. Nick Clegg, MP
constitutional measures, which could have a major impact on the way the U.K. elects its Members of Parliament. Fixed-Term Parliaments The Fixed-Term Parliaments Bill received its Second Reading in the House of Commons on 13 September. The Deputy Prime Minister, Rt Hon. Nick Clegg, MP, (Lib Dem), introduced the Bill: “The Bill has a single, clear purpose: to introduce fixedterm Parliaments to the United Kingdom to remove the right of a Prime Minister to seek the Dissolution of Parliament for pure political gain. Crucially, if, for some reason, there is a need for Parliament to dissolve early, that will be up to the House of Commons to decide.” 412 | The Parliamentarian | 2010: Issue Four
The Bill, if passed, would set the date of the next General Election as 7 May 2015. It would prevent the Prime Minister from asking the Monarch to dissolve Parliament at a time of his or her choosing. Parliament would only be dissolved before this date if a government lost a vote of no confidence and no new government was formed within 14 days or at least two thirds of the Members of the House of Commons voted for a motion dissolving Parliament. Speaking for the Opposition, the then-Shadow Justice Minister, Rt Hon. Jack Straw, MP, (Lab), said that the Labour Party supported the principle of fixed-term Parliaments and would not oppose the Bill at Second Reading. However, he argued that parliamentary terms should be four years, rather than five. He urged the Deputy Prime Minister to look
Rt Hon. Jack Straw, MP
closely at the concern raised by the Clerk of the House, Dr Malcolm Jack, that the Bill
Mr Mark Harper, MP
could lead to the courts taking a view on what constituted a valid motion to dissolve Parliament. Dr Jack raised his concerns in evidence to the Political and Constitutional Reform Committee. The Chair of the Committee, Mr Graham Allen, MP, (Lab), supported its principles but argued that the Bill should have had a period of pre-legislative scrutiny before its second reading: “I will vote for the Bill tonight. In principle, we need a fixed term for our Parliaments. We should debate on the Floor of the House whether it is four years or five. We should, however, have had proper scrutiny. It is a great mistake [for the government] to push through legislation, particularly legislation of this nature, without trying to bring people with them, and the most important people to bring with them in that regard are Members of this House of all parties.” Several Members argued
Parliamentary news:Layout 1 21/12/2010 16:55 Page 413
UNITED KINGDOM
that the Bill’s primary purpose was to enshrine the current
Ms Eleanor Laing, MP
coalition government in place rather than constitutional reform. Ms Eleanor Laing, MP, (Con) said that “there is no harm in being honest about matters in the Chamber. The measure is entitled ‘Fixed-term Parliaments Bill’, but no Parliament can bind its successors. The measure is really ‘the date of the next election (cementing the coalition) Bill’. That is what it is for, and I support it for that purpose, but we should not pretend that it is for any other purpose”. Opposing the Bill, Mr Gavin Shuker (Lab), argued: “I cannot support the Bill in its current form. Even if the case can be made for fixed-term Parliaments, safeguards in the Bill serve to take power from Parliament, rather than give it back to this body. Without a Green Paper, a White Paper, a draft Bill or pre-legislative scrutiny, we are being asked to agree a big practical change to the way that our government and Parliament act. That cannot be right, either.” Winding up for the government, Mr Mark Harper, MP, (Con), argued that the Bill was about the Executive giving up power. He said: “The central principle is that my right hon. friend the Prime Minister has
become the first Prime Minister in British history to relinquish his power to seek an election at a time of his own choice. A quote about this issue that I particularly liked compared the advantage that an incumbent government have in calling the election when they choose with that of an athlete arriving at the track in their running shoes and being allowed to fire the starting pistol. The Prime Minister is taking off his running shoes and putting away his starting pistol.” The Bill passed its second reading by 311 votes to 23 against. It will be first considered in Committee on 16 November. Electoral reform The second major piece of the government’s constitutional reform agenda is the Parliamentary Voting System and Constituencies Bill. The Bill provides for a referendum on introducing the Alternative Vote to U.K. General Elections, in place of the current first-pastthe-post system. The Bill would also reduce the number of Members of Parliament from 646 to 600 and redraw constituency boundaries so that no constituency (with a couple of exceptions in Scotland) would be five per cent larger or smaller than a quota of electors. The Bill received its Second
Rt Hon. David Cameron, MP
Reading during the September sitting and had eight days of consideration in Committee of the Whole House and on Report. On 2 November it faced its Third Reading in the House of Commons, the final stage before consideration in the House of Lords. Opening the Third Reading debate, the Deputy Prime Minister argued for the principles of the Bill: “It is right that constituencies are more fairly sized, so that the weight of a person's vote does not depend on where they live. It is right that we reverse the unintended trend that has seen this House grow in size and cap its membership at a more
Mr Bernard Jenkin, MP
reasonable number. It is right for people to have their say on the extremely important question of which system voters use to elect MPs, and crucially, it is right that, at a time when people's trust in Parliament has been tested to destruction, we act to renew our institutions.” The Prime Minister, Rt Hon. David Cameron, MP, (Con), had previously said that he would support the Bill, but oppose the Alternative Vote [AV] in the resulting referendum. Several Conservative MPs echoed this line during debates on the Bill. For example, Mr Bernard Jenkin, MP, (Con) said “I support the Bill, albeit
reluctantly, because I support the coalition. I support the coalition because at the time of the election we faced a crisis
Mr Gavin Shuker, MP
and a deficit and we urgently needed to form an administration with a prospect of being able to tackle that deficit. However, I did not-and still do not-support changing the voting system”. Opposing the Bill’s Third Reading, the Shadow Justice Minister, Mr Sadiq Khan, MP, (Lab), supported the principle of a referendum on the AV. However, he argued that the Bill would redistribute seats in an unfair way, without the normal public inquiries. He said that “Labour supports a referendum on AV and agrees with the principle of creating more equal seats, but this Bill is a bad means of delivering both objectives. It is too inflexible and too hasty, and it will lead to great and ongoing political instability”. There was concern among some Members that the Bill would create constituencies that would undermine local identities. Rt Hon. Peter Hain, MP, (Lab) argued that “just wait until every Member in every area realizes what will be done to their own constituencies based not on natural communities, not on natural towns or parts of cities, but on an arithmetical
The Parliamentarian | 2010: Issue Four | 413
Parliamentary news:Layout 1 21/12/2010 16:55 Page 414
PARLIAMENTARY REPORT
diktat imposed by the Deputy Prime Minister and the Government on the boundary commissions”. There was also concern from national parties in Scotland, Wales and Northern Ireland, that the Bill would reduce their representation in Westminster. Mr Nigel Dodds, MP, (DUP) focused on the implications for Northern Ireland: “We have all gone through a long period during which we tried to reach a political settlement in Northern Ireland. We have a reasonably, or relatively, stable political set-up, although of course challenges and difficulties remain. However, we risk upsetting that political equilibrium-that consensuswith this measure, which, as I have said, will have a direct impact on the Northern Ireland Assembly. Moreover, all this has happened without any prior consultation with
Rt Hon. George Osborne, MP
the parties or the Executive in Northern Ireland”. Concluding the Second Reading debate for the government, Mr Harper rejected these arguments. He said that “the reduction in the number of seats simply corrects existing overrepresentation, which also used to exist in Scotland and was largely corrected at the
UNITED KINGDOM
last election, although there is a little more still to do. Every
Mr Nigel Dodds, MP
part of this United Kingdom will be treated in the same way, and most voters will think that that is eminently fair”. National parties also expressed concern that holding the AV referendum on the same day as devolved elections could undermine the latter. Similar concerns were raised during the FixedTerm Parliaments Bill about the date of U.K. elections. Members referred to the Gould Report into administrative problems when local and Scottish Parliament elections were held on the same day in 2007. However, Mr Alan Reid, MP, (Lib Dem) did not accept this argument: “The problems in the Scottish elections in 2007 were caused because the Labour Government decided to have a ballot paper on which people had to put two crosses in two separate columns. “In this case, there will be three ballot papers and people will have to put an X on each of them. That is far simpler.” The Bill passed its Third Reading by 321 votes to 264 and is now awaiting its Second Reading in the House of Lords.
414 | The Parliamentarian | 2010: Issue Four
Spending review Parliament returned after the conference recess on 11 October. On 20 October the Chancellor of the Exchequer, Rt Hon. George Osborne, MP, (Con), presented the outcome of the Government’s Spending Review, an across-government exercise that sets departmental spending limits until 2014-15. Opening his statement to the House of Commons the Chancellor argued that scale of the fiscal deficit demanded significant reductions in public spending. He said “today is the day when Britain steps back from the brink and when we confront the bills from a decade of debt; a day of rebuilding, when we set out a four-year plan to put our public services and welfare state on a sustainable footing for the long term, so that they can do their job of providing for families, protecting the vulnerable and underpinning a competitive economy. It is a hard road, but it leads to a better future”. He set out proposals including a £6 billion reduction in the administration budgets of central government departments, £11 billion of savings through changes to welfare and changes to public sector pensions. Responding to the Chancellor’s statement, the Shadow Chancellor of the Exchequer, Rt Hon. Alan Johnson, MP, (Lab), defended the previous government’s spending record and attacked the government’s proposals: “Today's reckless gamble with people's livelihoods runs the risk of stifling the fragile recovery. If countries around the world had not run up debts-that is what the fiscal deficit is, by the way-to sustain their economies, people would have lost not
their credit cards, but lost their jobs, lost their houses and lost their savings.” Parliament is still considering the impact of the Spending Review on individual departments and programmes. The government presented its Strategic Defence Review prior to the Spending Review and other Ministers have presented their plans for departmental reform to Parliament in areas such as welfare, education and local government. There have been debates in the House on the specific impacts for areas such as growth, the Department of Work and Pensions (which administers the welfare budget) and housing. Select Committees including the
Rt Hon. Alan Johnson, MP
Treasury Committee, Scottish Affairs Committee and Business, Innovation and Skills Committee have taken evidence on the Spending Review’s impact on individual departments. On 11 November the House of Lords debated the Strategic Defence Review, a debate featuring contributions by retired senior servicemen. It is likely that the Spending Review will continue to occupy Parliament into the winter as the figures are translated into plans and proposals.
The Overseers:Different Ads.qxd 22/12/2010 12:23 Page 416
A CPA publication
Available to Members and Officials of the CPA for purchase from the CPA•Secretariat, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, U.K. Tel.: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 E-mail: hq.sec@cpahq.org Also available to members of the public from booksellers.
Democracy, Parliament:Different Ads.qxd 22/12/2010 12:27 Page 416
A CPA publication
Available to Members and Officials of the CPA for purchase from the CPA•Secretariat, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, U.K. Tel.: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 E-mail: hq.sec@cpahq.org Also available to members of the public from booksellers.
Inside back cover:Layout 1 22/12/2010 12:36 Page 37
CPA SHOP CPA pens
CPA silver-plated cardholders
Silver-plated photoframe, clock and pen in holder
CPA souvenirs are available for sale to Members and officials of Commonwealth Parliaments and Legislatures by contacting the CPA Secretariat by email at: hq.sec@cpahq.org or by air mail at: Suite 700, 7 Millbank, London SW1P 3JA, United Kingdom
Outside back cover:3-col feature 22/12/2010 12:38 Page 168
GOT YOUR COPY?...
THE PARLIAMENTARIAN
To subscribe for a copy of The Parliamentarian, please email pirc@cpahq.org. Members of Parliament should contact their Branch Secretary.