The Parliamentarian 2009: Issue Four - 55th CPC - Meeting future global challenges

TheParliamentarian

55th CPC

The Commonwealth and the CPA: Meeting future global challenges

PLUS

Workshop F: Climate change – are policy solutions working?

PAGE 344

CWP: The impact of the global financial crisis on women

PAGE 356

Plenary: Can trade liberalization benefit the Commonwealth in the current economic climate?

PAGE 360

Utilizing committees in small Parliaments

PAGE 380

Calendar of Events

2010

January

24-29: Asia/India/SE Asia Benchmarks for Democratic Legislatures Workshop

February

7-13: Summer Residency Programme for Public Accounts Committees conducted by the Public Sector governance and accountability Research Centre at the La Trobe University, Beechworth Campus, Victoria, Australia

15-19: Centre for Democratic Institutions Committee Enquiries course, Sydney, Australia

March

3-4: International Conference on Benchmarking and Self-Assessment, Paris, France

5-6: CPA Regional Secretaries Meeting, CPA Headquarters Secretariat, London, U.K.

8: Commonwealth Day, CPA Headquarters Secretariat, London, U.K.

8: Commonwealth Day, Branches throughout the Commonwealth

8: Commonwealth Day Bursary Awards to Branches

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.

55th Commonwealth Parliamentary Conference 28 September to 6 October 2009 Arusha,

Tanzania

TheCommonwealthandtheCPA:Meeting FutureGlobalChallenges

Over 170 Parliaments and Legislatures were represented at the 55th Commonwealth Parliamentary Conference by apprximately 700 Members, officials and accompanying persons, as well as by representatives of a number of international agencies. The conference also included: the two-day Small Branches Conference, a one-day Conference of Commonwealth Women Parliamentarians, as well as meetings of the Commonwealth Parliamentary Association (CPA) Executive Committee and the General Assembly.

The meetings were held in several locations around the scenic town of Arusha and were hosted by the Parliament of Tanzania.

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.

The conference also offered a choice of tours, where delegates could opt for a visit to the Spice Islands of Zanzibar, the Serengeti National Park or the Ngorogoro Crater.

CONTENTS 2009: ISSUE 4

318 340

COMMENT

MAIN

ARTICLES

Journal of the Parliaments of the Commonwealth Vol. XC

2009: 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

Assistant Editor: Lisa Leaño

Front cover Masai tribe, Arusha, Tanzania

Printed in England by Warners Midlands, PLC, The Maltings, Manor Lane, Bourne, Lincs

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Inside Issues

The Commonwealth and free trade – it’s not debateable Page 308

View from the Chair Lessons learnt from the CPA Annnual Conference. Page 310

View from the CWP International Human Rights Day and the status of human rights in Pakistan Page 312

View from the Secretary-General In praise of professional parliamentary staff Page 314

55th Commonwealth Parliamentary Conference

Commonwealth Matters

Page 318

Workshop A: Coalition Governments: parliamentary democracy in dilemma? Page 326

Workshop B:Policy responses to the global financial crisis

Page 330

Workshop C: Role of Commonwealth Parliaments in combating terrorism

Page 334

Workshop D:The Role of Parliament in shaping the information society

Page 338

Workshop E: The role of Parliamentarians in the elimination of violence against women with particular reference to domestic violence

Page 340

Workshop F: Climate Change – are policy solutions working? Page 344

Workshop G: developing mechanisms to remedy root causes of political, economic and social conflicts Page 348

Workshop H: The Commonwealth and youth – how to engage future generations in representative democracy

Page 352

NEWS

Annual subscription (four issues)

The impact of the global financial crisis on women

Page 356

Plenary: Can trade liberalization benefit the Commonwealth in the current economic climate?

Page 360

Opening ceremony

Page 364

29th Small Branches Conference:

First session: Policy responses to the global financial crisis in small economies

Page 372

Second session: Machinery of government in small states: issues and challenges

Page 376

Third session: Utilizing committees in small Parliaments Page 380

Fourth session: The vulnerability of small states: what technical and practical advice can the Commonwealth offer? Page 384 Commonwealth Women Parliamentarians:

Parliamentary news: Sri Lanka, Canada, Australia, United Kingdom, British Columbia, India and New Zealand.

Page 389

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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 COMMONWEALTH AND FREE TRADE – IT’S NOT DEBATABLE

The

Editor’s note

The plenary on world trade would have been a real debate had there been anyone to debate against. However, in the final plenary at the 55th Commonwealth Parliamentary Conference in Arusha, Tanzania, in early October, Commonwealth MPs in favour of free trade found no one willing to argue that it mires developing economies in an unfair system or that equitable trade – what most of the Commonwealth wants – is not the same as free trade.

Parliamentarians who saw the rules-based global trading system as the most advantageous route to development found no one willing to argue that free trade is disadvantaging them as they struggle to sell their goods at a fair price in the global market. Instead of a debate between those for free trade and those against, the final plenary was a discussion of how the world should not abandon free trade but rather should strive to make it freer.

Many Members from various parts of the Commonwealth recognized a need for government intervention periodically in the free market; but it was repeatedly argued that the world needs more free trade, not more protection, if it is to work its way out of the financial recession as quickly as possible. Protective measures and other forms of tariff and non-tariff trade stimulus programmes should be kept to a minimum and used only temporarily. The

Commonwealth should be used as a force to make this happen, agreed conference speakers.

This was but one example of a clearly stated desire on the part of Parliamentarians meeting in Tanzania to use the Commonwealth to help individual member nations reach common domestic goals at the international level.

This was particularly evident in the climate change discussion, with MPs showing their governments the Commonwealth way forward by uniting themselves into a Commonwealth Parliamentary Association Task Force on Climate Change. The CPA Task Force would use – in fact, it has now already begun to use –Commonwealth co-operation to help Members learn at first hand what their governments are doing in the climate change negotiations leading up to and during the Copenhagen summit in early December. During preparatory negotiations in Barcelona in November, the CPA Task Force enabled a small test group of Commonwealth MPs to interact with World Bank and other negotiators. At the time of writing, a bigger consultation session was set for MPs and selected participants in the Copenhagen negotiations.

The Task Force will also identify environmentally sound policies and legislation which Commonwealth MPs can adapt to their own

circumstances. In a subject area which has an overwhelming and often highly technical array of competing options being promoted by various groups and experts, MPs in Tanzania agreed with the CPA Executive Committee on the value of Commonwealth cooperation to find the best way forward. Parliamentarians in Arusha expressed the hope that their Heads of Government would do the same when they met in late November in Port-of-Spain, Trinidad and Tobago, at their twoyearly Commonwealth summit.

Conference discussions on parliamentary support for development, enhanced security and good governance in a wide range of subject areas are summarized in this issue. The main conference discussions were preceded by the 29th Small Branches Conference, which is also summarized here. The Commonwealth Women Parliamentarians met separately during the Arusha meeting and a report on their discussion is in this issue.

The political and parliamentary discussions were augmented by the launch of a programme to provide information technology assistance to schools in jurisdictions hosting CPA meetings. The “Little Acorns Project” provided computers and internet access to Arusha Secondary School, a school in Zanzibar and another in Dodoma,

the seat of Tanzania’s Parliament. It was launched by the Chairperson of the CPA Executive Committee, Hon. Dato’ Seri Mohd Shafie Apdal, MP, Malaysia’s Minister of Rural and Regional Development. The project is a joint endeavour between the CPA and private sector companies including Engen, the Tanzanian subsidiary of Malaysian petroleum company PETRONAS.

The “Little Acorns Project” is one of the CPA programmes that produce obvious tangible benefits. The benefits of conference discussions may not be so immediately apparent, but they are there in the enormous outpouring of support for Commonwealth action, in the exposure to different ideas and viewpoints which stretches the minds of Parliamentarians and in the ideas, the contacts and the comfort that Members find in discussing their work with hundreds of parliamentary colleagues doing the same thing in more than 175 other Parliaments and Legislatures. Publishing the summaries of those discussions here enables the 16,000 Commonwealth MPs who were not in Arusha to share some of those benefits.

It also enables the views of a cross-section of Commonwealth Parliamentarians to reach decision-framers in key global institutions, in domestic governments and in opposition party rooms around the

Commonwealth as this issue is circulated direct to those offices as well as to Members.

Another benefit of the conference is that more than 800 Commonwealth leaders made a new friend: the country of Tanzania. The experience of meeting in Arusha, working with Tanzanians of all walks of life and of seeing such world-class wonders as the Serengeti and its vast herds of animals, the snowy peak of Mount Kilimanjaro and the awesome sight of the vast Ngorongoro Crater ensured that Tanzania now occupies a special place in the hearts and minds of all who attended. In a world in which people – whether Parliamentarians or not – so often choose to care only about a few countries they know, this is a benefit for Tanzania and Tanzanians.

All who attended were impressed by, and indebted to, the President of the CPA, Hon.

Samuel Sitta, MP, Speaker of the Tanzanian National Assembly, for his warm welcome, his unfailing hospitality and for his able chairing of the conference in the best parliamentary tradition. The welcome laid out for the Commonwealth by the Tanzanian Branch Executive Committee chaired by Dr the Hon. Raphael Chegeni, MP, was truly remarkable.

The opening ceremony address of the President of the United Republic of Tanzania, H.E. Jakaya M. Kikwete, is reproduced here along with Mr Speaker Sitta’s speech and that of the Vice-President of the CPA, Hon. Kenneth Marende, MP, Speaker of the Parliament of Kenya. President Kikwete gave delegates an advance taste of the climate change arguments many Commonwealth nations would press in Copenhagen.

This issue also includes the

addresses on the state of the CPA and the Commonwealth by CPA Secretary-General Dr William F. Shija, a Tanzanian, and by Commonwealth Deputy Secretary-General Mrs Mmasekgoa Masire-Mwamba. A report of their question-andanswer session with Commonwealth MPs follows their speeches.

Conference reports would not appear on these pages without the diligent work of a collection of Commonwealth Clerks and Secretaries to Parliament who assisted the CPA by summarizing some of the various discussions. We recognize the contribution to the advancement of Commonwealth parliamentary knowledge made by: Mr Aggrey Nzowa of Tanzania, Mr Dwight Morton of Nevis Island, Mr Charles Mackay of Prince Edward Island, Shri Amitabh Mukhopadhyay of India, Ms Stephanie Bond of Canada,

Ms Ranny Ismail of Uganda, Ms Claressa Surtees of Australia, Mr John Vella of Malta, Mr Roger Phillips of the Isle of Man, Mr Michael de la Haye of Jersey, Ms Gaye Evans of Norfolk Island, Mr Tim Mercer of the Northwest Territories and Ms Shernette Wolffe of Bermuda.

Finally, Mr Speaker Sitta and his parliamentary colleagues were ably supported by the Clerk of the National Assembly of Tanzania, Dr Thomas Kashililah, and his staff, including Conference Coordinators Mr Demetrius Mglami and Mr Saidi Yakubu. The unflagging efforts of the entire Tanzanian parliamentary host team were greatly appreciated.

The Commonwealth parliamentary community meeting in Arusha not only found nothing to argue about over free trade, it also found that working together as a Commonwealth is hugely rewarding and potentially very successful.

A young boy from the Masai tribe.

LESSONS LEARNT FROM THE CPA ANNUAL CONFERENCE

I take great pleasure in recalling the time many of us spent in Arusha, Tanzania, for the 2009 Commonwealth Parliamentary Conference. I am sure that all those who attended the conference will join with me to thank CPA Tanzania for organizing and hosting a memorable and successful event. The 55th CPA conference was graced by a visit from President Kikwete of Tanzania who addressed the opening session. I must also thank the Tanzanian Minister of Education and Information Technology, Hon. Prof. Jumanne Maghembe, MP for launching the Little Acorns Project at the Arusha Secondary School. I hope that Members will encourage their local schools to develop links with Arusha and other schools across the world.

Although we spent much of the time in discussion and debate, my wife and I will carry for a long time the memory of our visit to the spectacular Ngorongoro National Park. To see the amazing scenery and the wildlife in its natural environment was an unforgettable experience. I understand that those Members who visited Zanzibar and other destinations had equally enjoyable visits.

has brought many benefits, including increased prosperity for some, the distribution of that new wealth is at best patchy and at worse it means a continued state of poverty for a growing number of people.

Apdal, MP Chairperson of the CPA Executive Committee and Minister of Rural and Regional Development, Malaysia

In addition to the busy schedule of conference discussions relating to the management and development of parliamentary democracy and the CPA, two themes in particular emerged during the conference: the current world economic recession and climate change and I wish to use this column to highlight their importance and to underscore the need to develop a greater sense of unity and collaboration.

The financial crisis and parliamentary democracy

The first of these issues is, not surprisingly, the state of the global economy. Many Members both from developed and developing countries commented to me on the stresses this was causing, particularly to the impoverished. It has become increasingly evident that the crisis has further widened the gap between the rich and poor and without some immediate and effective intervention it would appear that it is set to expand further. We can witness evidence of this not only in the disparities between the relative wealth of nations but on income gaps within nations – even, might I say, in the wealthiest. The irony is that whilst the long-term growth in world trade

Without wishing to sound alarmist, there is no doubt that the current financial situation is putting pressure on the democratic process. For example, pressures arising from the downturn in international trade and the consequential loss of incomes may cause some to try to bypass democratic procedures, especially that of proper parliamentary scrutiny. I am concerned, too, that the world recession may cause a further rise in the activities of extremist groups who generally have no respect for either democracy or Parliaments.

The global climate in danger

In three weeks from the time of writing this column, representatives from virtually every nation will be assembling in Copenhagen to discuss the issue of climate change. What the outcome of the Copenhagen Conference will be one can but speculate; but the prospects for radical change seem, at the time of writing, to be remote. There is no doubt that this most serious of issues is both highly complex and difficult to resolve.

There is no nation anywhere that will be unaffected – some small island states may actually disappear under water. Its impact on economies and societies will be profound. For example, during the President of Tanzania’s address to our conference, he pointed out that according to the International Institute for Environment and Development (IIED), Tanzania could experience a cut in gross domestic product of one per cent by 2030 and by a staggering 68 per cent by 2085.

The irony is that the countries most vulnerable to the negative impacts of climate change are generally the lowest producers of carbon dioxide and other greenhouse gas emissions. The prospects for flooding, severe weather conditions, consequential mass migration, starvation and catastrophic losses in agricultural production are very real. Furthermore, these will tend to be most profound in developing countries that are also the ones already directly affected by imbalances in world trading systems and more recently the global recession. Again, it is the developed nations

Hon. Dato’ Seri Mohd. Shafie

of the world who have and are developing the technical know-how and resources that can make an impact on reducing CO2 emissions.

Commonwealth collaboration for the benefit of all

What then are the implications for the CPA regarding these two issues and how should we respond? In pondering this question ever since our conference, I came rapidly to the conclusion that we cannot afford to stand by and wring our hands in abject despair. We cannot and must not allow a situation to arise where one or more of our member nations face the prospect of being riven by a collapse in economic and social well-being and all that that implies.

Instead I suggest that it is in all our interests – rich and poor, developed and developing – to redefine our priorities, develop a greater sense of unity and foster improved collaboration between CPA family members. Trying to tackle these complex global issues on a piecemeal, individual nation basis has not and will not work. On the other hand, if we can develop a greater sense of unity within and between regions and especially between the developed and developing world, we are more likely to have a beneficial impact.

Let me be clear. My concept of unity does not mean sameness or the subjugation of national interests; but it does mean oneness through recognition of diversity and by finding the common ground on which we can collaborate for the good of all. We must surely put an end to the handout culture of spasmodic aid from rich countries to poor and promote the

concept of shared responsibility, joint endeveours and sustained investment. In practice I suggest that this means the building of new partnerships for collaborative development in, for example, the design, development and exploitation of green technologies and improved trading systems. However, I am enough of a realist to know that this is unlikely to happen unless the CPA can simultaneously build a more unified approach and to this end I suggest that local, national and regional branches look for ways in which a greater unity of purpose can be achieved and how we can develop the spirit and practice of collaboration amongst all the members of our Commonwealth parliamentary family.

Policies with vision

I appreciate that as Parliamentarians you are daily faced with the demands of constituents and the processes and practices of parliamentary democracy. For example, I am sure that like my constituents your people too are worrying about the economy and most particularly jobs. Having said that, I also believe that we have a responsibility to see the big picture and have a vision not just for local issues but the broader horizons of global concerns. I suggest that part of our vision must sometimes involve putting aside the pressures of the here and now and involve reaching out to each other, in a spirit of unity, a helping hand of collaborative engagement. We owe future generations no less.

I end by wishing all Members an enjoyable festive season and good wishes for a more peaceful, successful and happy New Year 2010.

Several members from the CPA Executive Committee: (Left to right): Hon. Uday Narain Choudhary, MLA, Hon. Kenneth Marende, MP, Hon. Keith Flax, MHA, the Chairperson of the CPA and Hon. Samuel Sitta, MP.

INTERNATIONAL HUMAN RIGHTS DAY AND THE STATUS OF HUMAN RIGHTS IN PAKISTAN

International Human Rights Day 2009 on 10 December was dedicated to ending discrimination and embracing diversity. However, despite the best efforts for the sake of human rights, and despite guarantees in international and national law, discrimination and inequality continue to affect countless human beings in all regions of the world.

At the same time, vulnerable minorities in all regions of the world continue to endure serious threats, discrimination and racism, and are frequently excluded from fully taking part in the economic, political, social and cultural life available to the majorities in the countries or societies where they live. They are often marginalized, deprived of many fundamental rights – including access to land and property – and lack access to basic services. Discrimination based on religion or belief can be equally destructive for communities.

Human rights violations present a dismal picture in Commonwealth countries. This year, International Human Rights Day focused on discrimination. Discrimination feeds mistrust, resentment, violence, crime and insecurity and makes no economic sense since it reduces productivity. It has no beneficial aspects for society whatsoever. Yet we continue to practice it – virtually all of us – often as a casual reflex, without even realizing what we are doing.

Ms Kashmala Tariq, MNA Chairperson of the Commonwealth Women Parliamentarians

In too many countries, a failure to understand or accommodate diversity and change often leads to isolation and even violence against groups and individuals deemed to be outsiders, or culturally, or ethnically, or socially, or even biologically inferior. Racial and ethnic discrimination occur across the planet, and remain one of the most menacing forms of discrimination. Left unchecked, or actively fanned, they can all too easily lead to hatred, violence, and – in the worst cases – escalate to full-blown conflict, crimes against humanity and genocide.

Despite significant improvements over the past century, women and girls are still discriminated against to some degree in all societies and to a great degree in many. Countless numbers of women are sexually, physically and psychologically abused every day. In the vast majority of cases, their tormentors go unpunished and future abuse is undeterred. Women work two-thirds of the world’s working hours and produce half of the world’s food, yet earn only 10 per cent of the world’s income and own less than one per cent of the world’s property. They continue to suffer the worst forms of economic discrimination even though they are a dynamic, productive source of economic development. Discrimination is often at the root of poverty and exclusion that, in preserving the privileges of elites, condemns the majority to a dire and hopeless existence.

The realization of all human rights – social, economic and cultural rights as well as civil and political rights – is hampered by discrimination. Around 10,000Nepaliwomen are brought to India annually for commercial sexual exploitation.Each year, 20,000 to 25,000 women and children are trafficked from Bangladesh. Sri Lanka is a source and destination country for men and women trafficked for the purposes of involuntary servitude and commercial sexual exploitation. People belonging to poor and backward areas of Pakistan are among the cheapest labourers in the world and have been falling victims continuously to human trafficking.The common destination countries include Gulf states and Saudi Arabia. In Western Europe, the U.K. is the favourite destination, followed by Italy, Spain, Greece, Cyprus and the Scandinavian countries.

Pakistan is suffering $6 billion export losses annually due to the ongoing war against terrorism. Pakistan is not only taking part in the war against terror for its own safety but also for the safety and security of the world. Since the “war on terror” started at the end of 2001, discrimination and violence against women and children have increased. According to reports, acts of violence against women in 2005 immediately following the war on terror increased 300 hundred times as compared to previous years. The war on terror has a psychological effect on their lives. Due to trauma, most of the internally displaced persons are reluctant to go back to their homes.

Let us encourage people everywhere – politicians, officials, businesses leaders, civil society, national human rights institutions, the media, religious leaders, teachers, students, and each and every individual – to embrace diversity and resolve to take concrete and lasting action to help put an end to discrimination.

In order to help promote discrimination-free societies and a world of equal treatment for all, let Commonwealth Parliamentarians take the initiative for a thematic discussion or other appropriate initiative on discrimination to develop a common position as well as agree on an action plan with measures to counter discrimination.

We must systematically raise discrimination and human rights violations in political and human rights dialogues with affected countries in ministerial and expert meetings and civil society consultations as well as in their respective country’s statements, resolutions and declarations.

Commonwealth Parliamentarians should work for an effective human rights monitoring mechanism for the improvement of human rights in Commonwealth countries by promoting the use of the draft United Nations principles and guidelines as a guiding framework prescribing general and specific measures for the effective elimination of discrimination and

promoting awareness of human rights obligations.

Commonwealth Parliamentarians should develop a framework and guidelines for addressing discrimination through development cooperation and other forms of cooperation.

Commonwealth countries must address caste discrimination in development programming. Anti-discrimination measures must be introduced at all levels of programming in analyses, policy and strategy development, budgeting, programme planning, implementation, monitoring and evaluation. Data and analysis must reflect appropriately this form of human rights violations.

Commonwealth countries should uphold their commitment to address caste discrimination in development programming through undertaking a study, and developing and applying a framework and operational guidelines for addressing discrimination.

Ms Tariq (left) chairs a Commonwealth Women Parliamentarians meeting in Tanzania.

IN PRAISE OF PROFESSIONAL PARLIAMENTARY STAFF

During the last three years, I have physically interacted and witnessed thousands of message exchanges transmitted between the Secretariat and branch parliamentary staff to benefit the members and staff under the Commonwealth Parliamentary Association. At this time of the year, and looking back to the volume of work I have done in collaboration with secretaries and parliamentary staff across the Commonwealth, I wish to salute all of them, for their diligent, selfless and honest work to promote the mission of the Association. Indeed, the advancement of parliamentary democracy would have been limited or impossible without the firm hands and minds of our parliamentary staff to facilitate the numerous programme activities that have been undertaken. The activities have been conducted under several phases in various economic, political and cultural conditions of

Dr William F. Shija Secretary-General of the Commonwealth Parliamentary Association

Commonwealth countries.

The numerous programmes over time would not have been successfully implemented without the professional work of parliamentary staff in Africa, Asia, the Caribbean and the old democracies of the United Kingdom, Canada and Australia. In the entire geographical and cultural spread of the Commonwealth, the interaction, communication, and exchange of ideas among Parliamentarians and staff have been greatly assisted by the staff in our Parliaments, whether they are small, medium, or large in size. The overall objective of reforming and strengthening Parliaments has been implemented by loyal and dedicated staff, more often committed to the institution of Parliament than working for the wage bill.

Since 2007, I have visited almost 70 branches of our Commonwealth parliamentary community, where I have

The Secretary-General’s

Dr William F. Shija (left) and Dr Malcolm Russell-Einhorn from the State University of New York (SUNY).

had discussions with parliamentary staff expressing my appreciation for the effective communication and assistance in facilitating our programmes throughout the year. In conformity with our Strategic Plan for 2008-2012, the Association conducts four main categories of programmes: 1. Parliamentary Strengthening Programmes – Post Election Seminars, Parliamentary Seminars, Parliamentary Visits, Parliamentary Staff Attachments; 2. Issue-Oriented Programmes – Poverty, Education, Health, Terrorism and other similar issues; 3. Organizational Programmes –Branch, Regional, Commonwealth Women Parliamentarians (CWP), Commonwealth Day Youth Programme, Small Branches and Commonwealth-wide Conferences; and 4. Research-oriented Programmes – Examination of the Benchmarks for Democratic Legislatures, Media and Parliament Relations, Parliamentary Rights and Privileges, Gender Equality in Parliament, Constituency Development Funds, etc. These could be the first set of activities that parliamentary staff has assisted my staff and I to be effective in our programme delivery during the period under review, and we are immensely grateful.

In response to a Member’s question during the Question-and-Answer Session at the 55th Commonwealth Parliamentary Conference and the General Assembly in Arusha, Tanzania, who wanted to know how much of our annual budget is allocated to Members’ programmes, I replied that the CPA is a Member-driven organization whose programmes largely originate from Members in branches and regions. The planning is usually first processed by parliamentary staff before being forwarded to the Secretariat for consolidation and budgeting. The programme packages are then forwarded to the Executive Committee for consideration and approval. That is why – judging from the entire volume of programme activities spread across the year – approximately 40 per cent of the annual budget is utilized for programmes, which vary from year to year, region to region and branch to branch.

I am most grateful to the parliamentary staff in branches and regions

who have gone ahead to request for programmes; from post-election seminars, staff attachments, to the hosting of the Executive Committee or annual Commonwealth Parliamentary Conference for their initiative, advice and effective communication. In recent years, programme suggestions have largely come from developing democracies, such as those in Africa, the Caribbean, and Asia. There are other branches, such as St Lucia, Namibia, and Kwara State (Nigeria) which have sought to be assisted by equipping their parliamentary offices in terms of communication facilities or availing them with experts to design strategic plans to reform and strengthen their Parliaments.

To show that some of our branches are still starved of sufficient professional parliamentary staff, I have travelled to branches where I was told that parliamentary authorities have seen their activities being muzzled by the Executive by way of transferring experienced parliamentary staff to senior civil service cadres to strengthen the Executive. To address this problem, a number of our programmes have, in recent years, focused on parliamentary reforms and strengthening through programme titles such as Parliamentary Budgets, Administration of Parliaments, Public Accounts Committees, Government and the Opposition, Parliamentary Commissions, Staff Training and Remuneration, etc. In all of these programmes, branch and regional secretaries have worked with us to optimize both time and financial resources for implementation.

There are other programmes, such as Technical Assistance and Branch Twinning, which largely depend on offering and recipient branches. In these groups of programmes, we have seen Australia offering technical assistance to branches in the Pacific; Canada assisting branches in the Caribbean, the United Kingdom offering assistance to a wide range of branches in Africa, the Caribbean and others. We have also witnessed India offering technical assistance, particularly through its annual Parliamentary Technical and Staff Training, to branches across the Commonwealth. Again, the success of these programmes has largely

Commonwealth gallery

Hon. Pehin Dato’ Goh King Chin, MLC, (left) and Hon. Haji Idris Haji Abas, MLC, from Brunei paying a visit to the Secretary-General in November.

The Secretary-General (centre) with participants from Nigeria, Tanzania and Pakistan taking a course in the Royal Institute of Public Administration (RIPA). Course leader Mr Ian Church (second right) and Mr Andrew Imlach (first right) also join the photo.

depended on the efficient co-operation and communication by parliamentary staff across our branches and regions. These programme activities are those that we plan and implement within our immediate Commonwealth parliamentary community.

The second set of programme activities is that which the Association delivered to its Members and staff in collaboration with international partners working on parliamentary activities. These include the InterParliamentary Union (IPU), World Bank Institute (WBI), UNDP, National Democratic Institute, State University of New York (SUNY), the Association of European Parliamentarians for Africa (AWEPA) and a host of other parliamentary and university-based or research organizations.

In recent years, these organizations have made an impact on the scope of our programme subjects, budget and participants. Some have enabled us to introduce our Commonwealth parliamentary system to nonCommonwealth countries in Asia, Africa and even Latin America. Again, our branch and regional parliamentary staff have assisted us to put together programme arrangements and nominate participants in time for implementation. For example, the “Parliament in Conflict Management in the Pacific” workshop held in Goroka, Papua New Guinea in 2007, in which the CPA teamed with the Centre for Democratic Institutions (CDI),

National Parliament of Papua New Guinea, the Eastern Highlands Provincial Government and New Zealand's International Aid & Development Agency (NZAID), are some of the events which the Association has worked with a cross-section of international partners in programmes that benefitted our Members. The machinery for preparation and implementation of these programmes was worked out by the parliamentary staff in many of the participating branches, much to our appreciation.

The third programme category involves the communication directed to or from the Officers of the Association, Members of the Executive Committee, Presiding Officers or individual Members. The members of this category are sometimes requested to perform special duties for or on behalf of the Association. For example, an Executive Committee Member from Swaziland was requested to represent the Association at the World Economic Forum in Cape Town, South Africa in June 2009; a Member of Parliament from Belize was requested to represent the Association at a World Bank Conference on the financial crisis in Washington DC, United States in April 2009; a Member of the Executive Committee was requested to represent the Association at the 10th CDI Pacific Parliamentary Dialogue in Vanuatu in December 2008; the CWP Steering

The Secretary-General’s

The Secretary-General (left) with Hon. Saber Chowdhury, the Chair of the Bangladesh All-Party Parliamentary Group on Climate Change & Environment (right).

Committee Vice Chairperson, Madame Charlotte L’Cuyer was requested to represent the CPA at the Consultation of Commonwealth National Women’s Machineries in New York, United States. in February 2008; the CWP Chairperson, Ms Kashmala Tariq, was requested to represent the CPA at the same event earlier this year, and in March 2009, she was requested to represent the CPA at a high level panel discussion to Commemorate the 30th Anniversary of the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) in London, United Kingdom.

To facilitate the participation of

Members in such events and programmes requires intense communication between us and branches to meet time and travel arrangements and we have always received wonderful cooperation from branch parliamentary staff. It has also been very encouraging to get the maximum support and cooperation from relevant branch and regional secretaries and other parliamentary staff when arranging and implementing arrangements for the Secretary-General’s branch visits.

To maximize the professionalism of Commonwealth parliamentary staff, my staff and I have kicked off the process of strengthening our data bank by

requesting branches – beginning with a pilot list – to supply us with individual Member email addresses. This will enable us to communicate directly with secretaries and Members, a process which will enable the Secretariat to promptly inform the Members of the various important matters and events of the Association. Again, the usual cooperation by secretaries and other parliamentary staff will be most appreciated.

Lastly, based on the support my colleagues that I have received through letters and emails in planning and implementing the above programmes, as well as the countless telephone calls and

personal visits to the Secretariat, it is my fervent view that Parliaments should intensify the training, staffing, proper remuneration and promoting parliamentary staff in order to strengthen and reform their Legislatures. Branches that are understaffed and remuneration diminished cannot stand the pressure of modern parliamentary activities and programmes involved. At the moment, it is my sincere belief that the parliamentary staff community across the Commonwealth are doing the best for their branches in relation to the mission of the Commonwealth Parliamentary Association and they need to be further assisted. I salute them.

Commonwealth gallery

Below: The Director of Administration and Finance, Mr David Broom (far left) sitting alongside Dr Jayalath Jayawardana, MP, (second left) from the Parliament of Sri Lanka, a colleague, Dr Roger Vasan (second right) and the Director of Communications and Research, Mr Andrew Imlach (far right).

Officers of India’s upper House, the Rajya Sabah, visit the CPA during a Royal Institute of Public Administration (RIPA) course on parliamentary administration.

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Plenary Session - 2 October 2009

COMMONWEALTH MATTERS

Speech

by

the CPA Secretary-General, Dr William F. Shija

Mr President, may I start by expressing, on behalf of the Executive Committee, my deepest condolences at the loss of life and property following the sunami that hit Samoa two days ago. Our thoughts and prayers are with all those that have lost family or loved ones in these tragic circumstances.

In my remarks to you today, let me first say that I am happy to join the President of the United Republic of Tanzania, His Excellency Jakaya Mrisho Kikwete, Hon. Samuel J Sitta, our esteemed host, the Speaker of the Tanzania National Assembly and my fellow Tanzanians in welcoming you distinguished delegates to Arusha, Tanzania, where the 55th Commonwealth Parliamentary Conference is being held this year.

In a special way, I also join our host in extending a warm welcome to Mrs Mmasekgoa MasireMwamba, the Commonwealth Deputy Secretary-General, and her delegation. Her presence at our annual conference is indicative of the strong partnership that our two organisations enjoy as we advance the principles and values of the wider Commonwealth. Besides, Mrs Masire-Mwamba’s home

country, Botswana, has had excellent relations with Tanzania, in the context of the contribution by both countries to the growth of the Southern African Development Community (SADC), Africa and the Commonwealth at large.

This year happens to be the 10th anniversary of the death of the father of this nation, Mwalimu Julius Kambarage Nyerere who continues to be remembered by Tanzanians as having worked selflessly and sacrificed so much for the development of the nation called Tanzania. I personally would not have had the benefit of access to education had it not been for Mwalimu Nyerere’s policies of unity, free education for all, and social development. I wish to join all those Tanzanians and others in Africa in remembering this great son of Tanzania and Africa.

I believe that many of us need to continue remembering our founding fathers, such as Kwameh Nkrumah, Jomo Kenyatta, Kenneth Kaunda, Nelson Mandela, Samora Machel and many others, for the sacrifice and dedication in the struggle for democracy and development in the continent of Africa. As students of history we

know that they endured suffering, humiliation and pain trying to bring about democratic rule and development for their people. Long live the founding fathers of Africa!

In a similar manner there are many founding fathers in the developing world including Asia and the Caribbean who need to be remembered for their role in pursuit of democracy and development. Today happens to be the occasion to remember the contribution of a great son of India, Ghandi Jayanti, popularly known as Mahatma Gandhi who worked tirelessly, using non-vilent means, for the development of democracy. We wish to join our colleagues of India in saluting this great leader of Asia and the world.

Secondly Mr President, this year is particularly special for us all as we mark 60 years of the modern Commonwealth. Thus, the theme “The Commonwealth at 60: Serving a New Generation” could not be a more fitting tribute to the future of the Commonwealth; that is, the young generation.

I wish to sincerely thank His Excellency, Jakaya Mrisho Kikwete, President of the United Republic of Tanzania for what I

consider to be his most encouraging message to the youth in the Commonwealth and the CPA. I believe it is the spirit of serving the new generation which influenced the Speaker of the Tanzania National Assembly to seek government’s decision to host this important Parliamentary conference in Tanzania for the first time in the 98 years history of the Association, including the first period when the CPA was known as the Empire Parliamentary Association (EPA).

On behalf of the CPA Chairperson, Hon. Dato' Seri Mohd. Shafie Apdal, MP, and Members of the Executive Committee and delegates, I wish to thank you Mr President for the contribution you have made to the Association during your presidency. I also wish to thank the Clerk of the Tanzania National Assembly, Dr Thomas Kashillilah, who is also the Regional Secretary of the CPA Africa Region, and your staff, who, for the past seven to eight months, have

tirelessly worked with us to put together the details of the 55th Commonwealth Parliamentary Conference, to ensure the delegates’ comfort during their stay in this tourist city of Arusha, and Tanzania in general.

Mr. President, I welcome and thank all the representatives of Commonwealth and international organizations such as the UN Habitat, the World Bank, and others, for their participation and willingness to assist us at this conference, either as workshop presenters, discussion leaders, or both. The CPA indeed values and appreciates the partnerships we have built over the years and we look forward to continued

collaboration in our various areas of work. For our achievements since the conference in Malaysia, I sincerely thank the Chairperson and members of the Executive Committee for their guidance and policy decisions throughout the year.

To the Regions and Branches, I thank you most sincerely for your cooperation and participation in the activities and programmes of the Association. In all my regional and branch visits, your reception and hospitality have been wonderful indeed. Over the past year, you have supported us to successfully conduct and deliver programmes such as post election seminars, parliamentary seminars,

parliamentary visits, staff training and others in the areas of parliamentary reform in Africa and benchmarks for democratic Legislatures.

Accordingly, I would like to commend the Commonwealth Women Parliamentarians (CWP) who have devised a work programme which will be carried out at Commonwealth, Regional and Branch levels. Since the last conference in Malaysia the CWP Africa, Caribbean, Americas and Atlantic, and Canada Regions have held successful meetings; in Cameroon for the Africa Region; Nevis for the Caribbean Region and Toronto, Canada for the Canada Region. There are

Above: The Chairperson of the CPA, Hon. Dato’ Seri Mohd. Shafie Apdal, MP, (standing) launching the CPA Little Acorns Project.

numerous other plans and we look forward to serving you as Members in existing and new programmes. Apart from some of the core programmes I have mentioned, we also work closely with partners in the areas of education, health, agricultural development and the welfare of children in accordance with our current strategic plan for 2008 – 2012.

As you may be aware, the Executive Committee, earlier this year, approved a new programme

policy, popularly known as “ExtraBudgetary Programmes/Projects” under the initiative of the Chairperson of the Executive Committee, Hon. Shafie Mohd. Apdal, MP. The new policy initiative is intended to deliver tangible facilities to our branches, and for the Association’s work to be seen on the ground for the promotion of democratic principles, particularly in developing countries. The first funds are to benefit our Branches of St Lucia, Zanzibar, Bougainville, Kwara State in Nigeria and Namibia.

The second stage of this initiative is known as “The Little

already approved the planning to mark the centennial celebrations for the CPA in 2011 when the conference will be held in the United Kingdom. To flag off a few areas for the advance information to Members, we expect to do the following: to organize the Commonwealth Youth Parliament at both Branch and panCommonwealth levels; to produce commemorative items and souvenirs; to run a CPA essay competition; and to prepare special books and commemorative publications on Commonwealth Legislatures and Women Parliamentarians. There are other

nations; and women, men and children. These issues are very important to all of us as we team up to re-assert Parliament’s constitutional mandate of representation, legislation and oversight in the development and management of national and international affairs including the resolve to stamp out corruption. Most of us would know that development and management are not easy and developing countries have to make hard choices in a ruthless globalized world.

For example, many of us in Tanzania fondly recall the words of Founding Father, Mwalimu Julius

Acorns” project, which will be launched during this conference starting with three beneficiaries in Tanzania - one school in Arusha, another school in Zanzibar and a third school in Dodoma. The Little Acorns project aims to equip educational institutions with information technology facilities for the purpose of promoting democracy and good governance among the youth. It is hoped that with the assistance of partners and your usual cooperation, this project will continue to grow and benefit more Branches.

I also wish to inform you that the Executive Committee has

activities I cannot list further but the CPA Secretariat will begin to communicate with Regions and Branches soon after this Conference.

Thirdly Mr President, under the theme of this year’s conference “The Commonwealth and the CPA: Meeting Future Global Challenges”, distinguished delegates will have the opportunity to debate various issues in parliamentary democracy, the global financial crisis, climate change, terrorism and youth engagement in representative democracy; all of which affect large and small countries; poor and rich

here in Arusha. For example, the Heads of State and Government met at the United Nations in New York in June this year to discuss the World Financial and Economic Crisis and its Impact on Development. They observed that a globalized economic order has now evolved to contain elements that are under-regulated, unsupervised and unequal; and the order has proven to be unstable and unsuited for the demands of the 21st Century.

The leaders further noted that developing countries are now bearing the brunt of this crisis, for which they are least responsible. The recent and ongoing food and fuel crises have only compounded the effect of the financial and economic collapse, and exacerbated the burdens and sorrows of the developing world.

They have argued that shortterm stabilization measures must protect the poor, and long-term measures must ensure sustainable financial flows while simultaneously reducing the likelihood of future crises. At this point we can place our hopes on the recent G20 Pittsburgh Resolutions to implement measures that protect the poor, but we can only hope.

Kambarage Nyerere, who once told the Tanzania National Assembly in 1991 that small and under-developed countries run the risk of being ignored and marginalised if they failed to cooperate.

It is in this regard that this conference is meeting at a time when several other fora have debated and continue to debate the same issues as those we have

I say this because recent media reports show that research by Oxfam revealed that sub-Saharan African countries alone face a huge deficit likely to reach £43 billion this year, because of the economic crisis, leaving African governments increasingly unable to protect their citizens from falling trade, investment, remittances, hunger and the impact of climate change.

According to the European Network on Debt and Development, it is estimated that one billion people across the planet are now hungry and the promised £30 billion bailout for poor countries at the G20 London meeting in April 2009 appears not to have been fully delivered.

Above: The schoolchildren who will be benefitting from the CPA Little Acorns project.

COMMONWEALTH MATTERS

Consequently schools and health clinics are also at risk.

The crisis, as resource persons observed at this year’s regional conferences of the United Kingdom and the Mediterranean in Guernsey, the Caribbean, the Atlantic and Americas in Georgetown, Guyana and Africa, in Port Harcourt, Nigeria, requires urgent and better government intervention in the economy to safeguard the interests of both the market and the public. We all recognize the efforts so far made by the international community in this regard.

Parliamentarians here should feel free to contribute and critique what the United Nations and other agencies are doing to establish a global response to this crisis, including the processes of reforming the United Nations and the world economic, financial and trading system to prevent a repetition of such a crisis.

Mr. President, another topic that has continued to attract your interest and one that the world is highly passionate about is that of climate change.

At the 54th Commonwealth Parliamentary Conference in Malaysia last year, there was general agreement that solutions to combat the impact of climate change could only be achieved through international co-operation between all states, large and small. Further to this consensus, and in response and support to the global concern on climate change, the CPA Executive Committee this year approved the formation of a Climate Change Task Force to formulate actions to combat the impacts of climate change.

Also, in July this year, the CPA U.K. Branch convened a conference on climate change, in London, the outcome of which will most likely be shared with delegates at this conference. Similar discussions on climate change were held during the Regional Conferences of the Africa and Caribbean Regions.

As we count down to Copenhagen, I have been most encouraged to read that the United Nations Climate Change Chief, Mr Yvo de Boer, feels hopeful that, that climate change conference in December this year will most likely close with agreements on four political essentials. These include how much industrialized and major developing countries would reduce contribute to the reduction of carbon emissions and how to finance the needs of developing countries for climate friendly technology.

It has been observed that among the developing countries, those in Africa continue to bear the extreme negative impacts of climate change, taking into consideration the levels of development. Because of this frustration, what is now being demanded, as reported last month, is that major polluters of the environment such as the United States, the European Union, Japan and others should compensate Africa to the tune of US$ 67 billion a year, a demand which may be lodged at the climate change summit in Copenhagen this December.

I am also delighted that delegates at this conference will debate the issue of terrorism, which continues to be a peril of immense social and economic

The Secretary-General of the CPA, Dr William F. Shija (left) talking to Commonwealth Deputy Secretary-General Mrs Mmasekgoa MasireMwamba (right).

consequences for both developing and developed countries. The impact of terrorism includes: the diversion of foreign direct investment, destruction of infrastructure, redirection of public investment to security and the limitation of trade. Terrorism, like civil conflicts, may cause spillover costs among neighbouring countries, as a terrorist campaign in a neighbour dissuades capital inflows, or a regional multiplier causes lost economic activity in the terror-ridden country to resonate throughout the region. Some of our regions such as Asia and India are currently feeling the most recent effects of terrorism. I hope that this conference will provide not only an opportunity for the sharing of experiences but devising more legislative and other mechanisms to combat terrorism at national, regional and international levels.

Mr President, Distinguished Delegates, I wish to believe that as we deliberate these and other issues, we have to ask ourselves what our responsibilities and responses, as Commonwealth Parliamentarians, should be towards the many global issues particularly those that impact on our young and mature democracies, for the benefit of our present and future generations. In the Commonwealth, Parliamentarians need to work with

others in the global community for the purpose. Although this conference does not usually produce communiqués or resolutions, we need to come up with a strong and clear message on what we consider to be the best solutions to the issues under discussion. In this case, we need to record in our conference summary what our conference in Arusha generally deliberated upon, including what we can do to assist our governments to make informed but hard decisions today for a better world tomorrow.

Finally Mr President, as we all know, an event like this does not happen overnight. It requires planning and a bird’s eye for detail. This conference has been fortunate enough to be hosted by Tanzania and supported by a team of hardworking and dedicated members of staff of the CPA Headquarters Secretariat. They were willing to take on the completion of tasks beyond their normal working hours. I wish therefore to sincerely congratulate and thank them all for the wonderful support. Our team’s work is solid, our accounts are clean, and our sincerity and enthusiasm are every ready.

Distinguished delegates, I wish you successful and fruitful deliberations over the next few days.

The Commonwealth and the CPA: Meeting future global challenges

Speech by Commonwealth Deputy Secretary-General Mrs Mmasekgoa MasireMwamba

I am very honoured to be here, and to be given the opportunity to address you today, as part of the Commonwealth Parliamentary Association’s 55th Annual Conference.

I would like to thank Dr William Shija, the Secretary-General of the CPA for the invitation to participate at this important conference.

I bring with me the warm greetings of the Commonwealth Secretary-General, Mr Kamalesh Sharma who is currently attending the Commonwealth Finance Ministers Meeting in Cyprus, Greece where a collective response to the global economic situation, with particular reference to the challenges of small states and vulnerable states, will be explored.

He has, therefore, asked me to express his sincere apologies and his good wishes for the success of this important conference.

We are also grateful to Hon. Samuel Sitta, Speaker of the Tanzanian Parliament, for hosting this event which provides the platform for Parliamentarians, who are critical stakeholders in the democratic process, to interact and exchange views.

Importance of Parliaments and Parliamentarians Parliament as an institution is the very embodiment of democracy in

a country. And Parliamentarians are at the heart of the democratic process.

In a system where legitimacy is predicated upon the will of the people, national Parliaments, state assemblies and local councils are where the people’s representatives gather, serving the people, holding governments accountable and ensuring democracy delivers for all the people.

At the Commonwealth Secretariat we often refer to democracy and development as the twin pillars of our work. We pursue both, seeing the benefits of both and acknowledging the interrelationship between the two.

Sometimes the democracy agenda is pushed to the detriment of development, at other times it is vice versa. For me they are like food and water. If you demand just one it is not long until you demand the other! They reinforce each other, they sustain each other, and we need both.

It is the Parliament of a country which is at the forefront of a country’s willingness and capacity to deliver. Parliament is where governments and opposition come together face-to-face to discuss, to disagree, to find compromise, to win some political battles, but lose others.

And so I applaud the work CPA does, in seeking to enhance the

capacity, the integrity of parliaments across the Commonwealth, by providing support, advice and solidarity to its Members.

We work closely with the CPA, for instance by co-operating on capacity-building work in support of strengthening Parliaments. In the recent past we have done this in Uganda and Guyana. We have also jointly organized a series of workshops on Government and Opposition, most recently in West Africa in June 2008. This workshop brought together representatives from across the region to discuss the roles and responsibilities of government and opposition parties – in short how to make them partners in the development of the democratic process, and not adversaries.

I had the privilege of participating in the West Africa workshop, which was my first as Deputy Secretary-General. It was a motivating and worthwhile experience for me. During the workshop, it was clear that there are key elements that can strengthen a Parliament and ensure it is a place where both government and opposition can work collaboratively to improve the lives of the people.

To achieve this goal, it is imperative that we help to create strong and enduring democratic

institutions. Visionary leaders play a vital role, but there needs to be a stress on the importance of institutions, not just of leadership. Ultimately it is strong, credible and independent institutions which will endure and ensure the fruits of democracy are for the many and not just the few.

Of course no one size fits all, and democracy around the Commonwealth takes on varied forms, reflecting national circumstances. However we all know that certain ingredients are essential to any democracy.

Much work remains to be done, but we remain committed and optimistic.

The Commonwealth and Democracy

When one considers the scale and diversity of the Commonwealth, it is intriguing to behold that we have found consensus on such a broad range of issues. This is one of the unique features of the Commonwealth.

As you will be aware, we have the Commonwealth Declarations of 1971 and 1991, which set out our fundamental political values. Further, our “Latimer House” principles of 2003 define and differentiate the roles of the three branches of government: the executive, the Legislature and the judiciary.

Democracy is a journey not a destination. It is therefore imperative that we avoid complacency and consolidate the democratic gains we have recorded in recent times. Democracy needs constantly to be nurtured, protected and promoted.

It is therefore imperative that political leaders resist the temptation to restrict the democratic space in their countries. In this regard, Parliaments have a critical role to play in safeguarding political freedoms and civil liberties. This is more so because we have seen situations where media freedoms have been limited, civil society constrained and state institutions and resources used for the benefit of the ruling party. In extreme cases, attempts have been made to amend the Constitution for partisan political purposes. Ultimately, this can only undermine the credibility of democratic institutions and political processes

and make people lose faith in democracy.

A key focus of our work over the years has been on elections. Of course democracy is about so much more than elections, but it is during an election or as a consequence of an election that tension, conflict and violence can come to the fore.

The Commonwealth Secretariat, in collaboration with the CPA and other partners, will continue to provide democracy advisory services and explore ways to offer additional support particularly in the conduct and operations of election management bodies.

Our goal is to create a commonwealth of democracies where a genuine, credible election, reflecting the will of the people, determines the credibility and legitimacy of the elected legislature and the government.

We must also focus attention on the issue of participation. If

Parliaments and politics are to be representative and inclusive then we have to make sure that all sectors of society can and do participate.

Two areas which are of particular importance are women and youth. The Commonwealth target of at least 30 per cent of women in positions of decision making by 2015 is a good starting point and we would encourage member states to continue to strive to attain this goal.

On youth issues, it is estimated that nearly half of the Commonwealth’s citizens are youth. The future is theirs, so we need to make sure they are involved in the decisions of today because they will live with the consequences. Indeed, the theme of this 60th anniversary year is “Serving a New generation”. So, one of the objectives of the forthcoming Commonwealth Heads of Government Meeting (CHOGM) in Port of Spain in

December is to refocus attention on youth in a more practical way. At CHOGM, besides the global economic challenges, leaders will also deliberate on topical issues such as climate change where leaders are expected to send a strong political message to the Copenhagen Summit in December.

Conclusion

During the Government and Opposition workshop in West Africa I mentioned earlier, where Dr Shija was also present, one of the participants presented us with a challenge. In reflecting on the state of politics at this time in West Africa, in this instance, he said: “We have not failed. The question is where we are going and what do we need to get there.”

This view point is both realistic and optimistic. But it is the kind of open-eyed but open hearted approach that we need.

Organizations like the Commonwealth, and its constituent parts, have a key role to play in helping to define where we are going and what we need to do to get there. You, the Parliamentarians of the Commonwealth are at the heart of this important journey.

Before I conclude, I would like to draw your attention to a recent initiative led by the Royal Commonwealth Society called the Commonwealth Conversation. The initiative aims to raise awareness about what the Commonwealth is and does.

The Commonwealth SecretaryGeneral has welcomed the initiative and looks forward to the new ideas that it will bring. As representatives of the people, your support in ensuring continuing dialogue about the Commonwealth and through this initiative will be invaluable.

I wish you well during the days of this conference and in the vital roles you all fulfil in your respective countries.

I thank you.

Mrs Mmasekgoa Masire-Mwamba

Commonwealth questions and answers

The Commonwealth’s image

Mr Nigel Evans, MP, of the United Kingdom noted the Royal Commonwealth Society was holding an online “Commonwealth Conversation” to try to raise the Commonwealth’s public profile. He said the all Commonwealth’s good work is not reflected in its public image.

The Commonwealth and the CPA both do many valuable programmes but the media is interested only in ridiculing this work. A recent CPA United Kingdom Branch delegation to look at climate change issues in several South Pacific island nations was dismissed by the media as a “jaunt”, he added. The Commonwealth needs to raise its profile, and especially to

engage young people in its work, but voters tell MPs that charity begins at home. People must be convinced that the Commonwealth is “home” and everyone has a responsibility to support Commonwealth friends, said the Member.

The Commonwealth Deputy Secretary-General agreed that the Commonwealth needs to find ways to highlight its many successes.

Constitutional amendments to retain office

Dr the Hon. Joseph Banadzem, MP, of Cameroon asked what the CPA and the Commonwealth were doing to oppose the practice of amending a constitution to remove a limit on the number of terms a President could serve. He

described this is a “drawback” in terms of democratic principles.

Dr Shija replied that each state’s democratic system is based on its culture and practices, such as those in countries with royal traditions and a culture that respects the “big man”. Members should work together to reach a point where they can change practices, and the CPA assists this process through such programmes as post-election seminars. Constitutional changes of this nature are not expected, he said, recalling that the Nigerian Parliament recently refused to

prolong a presidency by declining to amend Nigeria’s constitution to change the limit of two terms. The representatives of the people have the opportunity to refuse to continue certain government cultures, said the SecretaryGeneral.

Mrs Masire-Mwamba acknowledged that this is an ongoing challenge in many countries. She said MPs are critical stake-holders in democracy and safeguard democratic principles.

The Commonwealth Secretariat’s Legal and Constitutional Affairs division can provide comparative information on constitutional reform issues, but she emphasized that internal action within a country is more important than external advice.

When constitutions are overthrown, the Commonwealth Ministerial Action Group can suspend the offending government from the councils of the Commonwealth. But each country’s Parliament is the first line of democratic defence, she added.

Engaging Zimbabwe

Hon. Elijah Okupa, MP, of Uganda wanted to know what the Commonwealth is doing to reengage Zimbabwe now that he said relative peace has been restored.

The Commonwealth Deputy Secretary-General said Commonwealth civil society organizations and local governments were engaging their Zimbabwean counterparts, but

Above and opposite page: Delegates in attendance at the opening ceremony of the conference in Arusha.

connections at the top political level had been severed by Zimbabwe. However, Ms MasireMwamba said the Commonwealth Secretariat offers statements of support and encouragement to the national coalition government in order to keep channels of communication open until Zimbabwe sees fit to rejoin the Commonwealth.

CPA programming for Parliamentarians

Sen. Gary Humphreys of Australia returned to the image of the Commonwealth, saying the CPA makes itself known both to MPs and to the people by the programmes it runs. He asked what percentage of the CPA’s budget is devoted to programming.

Dr Shija replied that many other organizations also support Parliaments today. The World Bank Institute, the Centre for Democratic Institutions and the National Democratic Institute are among many organizations seeking to assist Members, so the CPA no longer has a monopoly in this field. Instead, it often works in partnership with other organizations to produce programming. As a Member-driven organization, the CPA runs programmes based on what Members want and on what Branches are able to work with the CPA Secretariat to provide. Elections and other political events often disrupt programming.

The availability of funds is also a factor, said the Secretary-General, adding the Association needs more money to be able to achieve its full potential. From time to time it faces legal issues or other areas in which expenditures are required.

He noted the Commonwealth is a mix of developed and developing Parliaments. Many Parliaments in Africa are young and still working through constitutional change. Some Parliaments are less effective, or they lack staff or experienced staff are poached by the executive.

The Association also has a communications problem with one region, he added.

The percentage of its budget spent on programmes therefore depended on many factors, but the Secretary-General said that currently it was calculated that 40 per cent of income went to programming.

Hon. Babatunde Mohammed, MLA, of Nigeria’s Kwara state, advised Members that his House of Assembly had just received CPA development assistance, for which it was very grateful. More such help is needed for other Assemblies in Nigeria, he said.

The state of

Commonwealth democracy

Calling for greater Commonwealth support for democracy, Mr Smuts Ngonyama, MP, of South Africa said one of the major challenges facing Parliaments, especially those in Africa, is the development of a free media. The Commonwealth must help to portray an image of Africa as a positive continent, not a failing continent.

He also expressed doubt that the Commonwealth is doing enough to resolve conflicts or hold those responsible to account for

conflicts. This is an area in which the Commonwealth could raise its profile, he argued.

Another area for more Commonwealth action is in the negotiation of economic partnership agreements. The Commonwealth should speak out on them and what he described as their negative impact on regional integration.

Hon. Louis Joseph Chimango, MP, of Malawi also called for more CPA post-election seminars and other programmes to support parliamentary democracy.

Ms Masire-Mwamba replied that the Commonwealth Secretariat has a media policy aid facility and agreed that the media should emphasize the positive gains of African democracies, not undermine them. The Commonwealth advocates policies such as freedom of the media and the provision of balanced news coverage.

She further explained that the “good offices” role of the Commonwealth SecretaryGeneral works very effectively behind the scenes in conflict situations to identify points of consensus which help to resolve many disputes. The media, however, does not see this work.

The Commonwealth is also working on economic partnership agreements as one of its key activities is to assist member nations with international trade negotiations. Aid for small states is a priority in this field and consideration is now being given to opening a Commonwealth small states office in Geneva where the World Trade Organization and a number of other intergovernmental agencies are based.

In the field of electoral system support, the Commonwealth Deputy Secretary-General said the Commonwealth is currently examining how best to support electoral administration bodies and to facilitate collaborations so they work together to solve election problems. A meeting had been held two weeks before with representatives of some election management bodies to help the Commonwealth develop new programmes to support the entire electoral process.

The CPA Secretary-General said the CPA is always looking for new ways to support parliamentary democracy. It could, for example, run pre-election seminars if Branches asked for them, although Dr Shija noted that MPs are not generally available at such times.

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Workshop A - 4 October 2009

WORKSHOP A: COALITION GOVERNMENTS PARLIAMENTARY DEMOCRACY IN DILEMMA?

Moderator:

Dr the Hon. Raphael Chegeni, MP, Tanzania

Discussion Leaders:

Dr the Hon. Gertrude I. Mongella, MP, Tanzania; Hon. Halima Mdee, MP, Tanzania; Hon. Jeneralli Ulimwengu, MP, Tanzania; Prof. Palamaggamba Kabudi, Lecturer, the University of Dar es Salaam

There were divergent views concerning the emerging trend of coalition governments in Africa.

Some speakers argued that coalition governments were a result of failed democracies and failures in the democratic process, especially the electoral process.

Coalitions were bound to fail as they were governments of convenience. Other delegates, especially those from India and Malaysia, said coalition governments mandated by the people resulted in economic successes and political stability, as exhibited in their countries. However, they said in order for a coalition government to work effectively, underlying conditions were required, such as:

•The government should work within agreed policies and rules;

•There must be transparency and the rule of law in the running of that government;

•It should always strive to serve the interests of the people; and

•There must be a continuous

communication among the Members to the coalition in order to avert disputes.

Some delegates concluded that when coalition governments failed, states should resort to proportional representation and move away from the politics of competition to the politics of complementarity which in turn leads to inclusiveness and makes those in power servants of the people and not masters of the people.

The definition and implementation of democracy varied between countries.

Democracy in Africa before colonization was not through voting; rather, elders sat under a tree and deliberated on important matters affecting the community. It can therefore be argued that the learning process had destroyed the original democracy that existed.

Citing the Maasai in Tanzania where age was important for decision making on behalf of the society, Hon. Dr Getrude I. Mongella, MP, (Ukerewe, Tanzania)

said that before colonization in Africa, elections were not done through voting but rather elders in society were entrusted and respected in making decisions for the society. Dr Mongella said the learning process had therefore destroyed the system that existed, and that coalitions could only exist when a group of political parties each of which did not have enough votes to form a government. This definition excused Kenya and Zimbabwe, relegating them to a negotiated government manufactured outside the respective countries. She stated that these were a set of governments for convenience.

Ms Halima Mdee, MP, Special seats, (Tanzania) in her presentation expressed that coalition or negotiated governments’ may have resulted from a failure of democratic processes, especially the electoral process for lack of transparency, manufactured results and vote rigging leading to opportunistic compromises necessitating outsiders to come in and rescue

the situation. This was a betrayal to the people who went out to vote. She added that coalition governments may also be formed out of necessity. Citing Kenya and Zimbabwe, she said the formed coalitions may not necessarily be bad but much would depend on how quickly they focused on constitution making. She warned that it was a mistake to look at the present government in Kenya as a coalition government in the conventional proportional representation rather than as a transitional arrangement created to restore the legitimacy of the state by facilitating the process of producing a new constitution which would address the longstanding grievances. In her concluding remarks she argued

that if coalitions would have served a positive end if they were perceived as transitional mechanisms for working out popular national visions and rewriting national constitutions. On the other hand, if they were seized by rent-seeking elites as opportunities to share the spoils of political power, it would block democratization and underwrite political decay in Africa.

In his presentation, Hon. Jeneralli Twaha Ulimwengu, (Tanzania) supporting the notion of failed democracy as a result of coalition governments, said that rigging was a process which began long before voting day, with voting being the only culmination of that process. Citing a situation in Malawi, he said that the State was

campaigning for the ruling party. The losing parties had complained how observers from the Southern African Development Community (SADC), Europe and others who had been in the country for only four days gave a clean report on the conduct of the elections without considering the whole process.

Discussion leader Professor Parramagamba Kabudi, a lecturer from the University of Dar es Salaam, described four types of governments in his presentation;

•A government formed by a majority political party, i.e. fastpast-the post; •Coalition governments: a situation he explained where there was no single winner but

Above: Discussion Leader Dr the Hon. Gertrude Mongella (standing) talking about issues raised in Workshop A.

where small parties came together to form a government. These sometimes formed out of necessity but could also emerge as a result of a negotiated settlement;

•National Unity governments: these were deliberately formed such as in a post-apartheid South Africa and Rwanda. They were formed as part of a National healing;

•The Mischief or National Rescue/Survival.

Professor Kabudi said it was time to move away from political competition to complementary politics which was an all inclusive ideology. This included everybody in governance where the leaders were servants, not masters of the people. He said most of the constitutional arrangements in our countries today were unconstitutional in order to protect those who wanted to cling to power by all means, resulting in a continuation of National Rescue governments. He added that the solutions were in the hands of the politicians and urged them to behave as citizens and also urged third generation coalitions to learn from the experiences of India.

Hon. John Olago, MP, (Kisumu, Kenya) said he did not agree with a coalition government in Kenya, whereby the coalition was between Party of National Unity (PNU) which again was a coalition with other parties and Orange Democratic Movement (ODM) under coalition with other parties. He said the decision to form a coalition government in Kenya which was facilitated by former UN Secretary General Kofi Annan and the assistance of the former President of Tanzania, Hon. Benjamin Mkapa and Ms Graça Machel of Mozambique was necessary in order to rescue the nation from further bloodshed. The coalition has since been supported by a constitutional amendment.

Mr Olago elaborated that the internal conflicts which ensued

after the general elections were fuelled by the Chairperson of the Electoral commission who delayed to announce the presidential election results. He said what happened in Kenya and Zimbabwe would happen tomorrow in Uganda.

Hon. Njoroge Baiya, MP, (Kenya) argued that what happened in Kenya after the general elections in 1997 was an attempt by the people to rise against one party system and he expressed a possibility of the whole of Africa forming coalition governments. He said that while Kenya was divided among ethnic groups and with problems in the present setting of the government, he thought that ultimately the system would work, but invited the international community for their input.

Hon. Vikram Verma, MP, (India) claimed that the coalition government had worked perfectly well in India and had done for the past 20 years. He said coalitions worked if it was mandate d by the people.

Hon. Mninwa Johannes Mahlangu, MP, (South Africa) wanted to know how parties in the coalition government solved the problems of ideology, the problems of decision making and the problems of trust in order to make the system work smoothly. He said any coalition should aim at building democracy and not demolishing it.

Hon. Osei Kyei-Mensah, MP, (Borno, Nigeria) stated that coalition governments were nonstarters and unstable, but his worries were that it was inevitable in developing countries.

Hon. John Momose Cheyo, MP, (Bariadi West, Tanzania) said that in the past, Africans deliberated issues concerning their lives under trees, could agree on issues that were fundamental for the smooth running of the society. Citing Tanzania as an example, he said the destruction of African democracy came soon after independence by introducing the

first-past-the-post and claimed it was when the country lost track of its democracy. He said the system had weakened the opposition and urged all Members to support the proportional representation as inclusive and representative.

Hon. Rodley Keep, MP, (Kwazulu-Natal, South Africa) supported proportional representation as a good system because it allowed members from the minority to participate in the executive. He said that in other systems, the majority received majority money which helped them to win elections.

Hon. Dato Abdul Halim bin Hussain, (Penang, Malaysia) told

“...when coalition governments failed, states should resort to proportional representation and move away from the politics of competition to the politics of complementarity...”

Members that Malaysia had an experience of 52 years of coalition government, and gave conditions which were necessary for the efficient functioning of the system as:

•There had to be in place agreed policies;

•There had to be continuous engagements (communication) among the Members of the coalition government. The government would be transparent in the running of its affairs;

•The Executives, Judiciary and the Parliament should be

independent in their deliberations.

Hon. Datuk Dr Marcus Mojigol, MP, (Malaysia) described how Malaysia had seen significant growth in its economy as a result of political stability emanating from federal government. He said currently there were 14 Members in the coalition government and all problems related to coalition government were solved in a coalition manner.

Hon. Mwanza Kapeya, MP, (Zambia) commended all the presenters and wanted to know if there was any stage in the election process where fraud and rigging exactly occurred.

Hon. Babandi K.K. Dalbeh, MP, (Gambia) also commended the presenters and asked whether coalition and democracy could work together.

Hon. Major General Jim Muhwezi, MP, (Uganda) said coalition may be useful sometimes but it had to be legal, peopleoriented and better arrangement on its implementation. He argued that if a coalition was intended to serve a certain situation then it ceased to be a coalition but a temporary measure. He urged the Members present to agree with the idea of forming higher regional bodies to be supervised by the Commonwealth to conduct elections, i.e. in East Africa, The East African Electoral Commission. His concluding remarks were to urge participants to look into home grown democracies as solutions to our democracy.

Hon. Dr Ramsundar M.Kanaujia, MP, (Bihar, India) asked how a coalition government could be for the people and commented that a Parliament voted in by the people may not serve those people.

Hon. Dr Banadzem Joseph Lukongi, MP, (Minority Cameroon) wanted to know how the CPA could help tackle the issues of democracy in Africa and argued that these problems needed to be

tackled from the source.

Hon. Asema M.Sadiq, MP, (Nigeria) said that in coalition governments it was the executives that were in a coalition government.

Hon. Job Ndugai, MP, (Kongwa, Tanzania) said he was not comfortable with the situation where the winner took everything and the loser nothing. However he stated even proportional representation would not work in countries where its citizens were divided into tribal bases.

Hon. Legacy Sankoh, MP, (Minority, Sierra Leone) did not know how a coalition government worked. He proposed ways to save democracy which included having free and fair elections. He commented that coalition was more opportunistic than principal democracy and that both proportional and majority systems could result in good democracy.

Hon. B.J. Panda, MP, (India) stated that coalition governments were now a reality. In India over the past 14 years it had seen a stable government leading to increased economic growth. The coalition was safeguarded by various laws such as the law of prohibiting floor crossing and other anti-defection laws.

Hon. Teng Chang Khim, MP, (Selangor, Malaysia) argued that in Malaysia there was no question in Malaysia’s acceptability of a coalition government. He added that if the coalition was working through acceptable rules then there was no doubt it would bring political stability.

Hon. Oleny Charles Ojok, MP, (Uganda) said he did not recommend coalition governments but rather that the electoral commissions be reconstituted in order to take on board all parties.

Hon. K.T. Gyaltsen, MP, (Sikkim,

India) stressed that the basis of democracy was the rule of law saying that India had successfully progressed as a result of rule of law. He said rules that directed how coalition government would be run and respecting people’s rights would bring democracy.

Hon. John Olago MP, (Kenya) asked the CPA to have continuous engagement with Zimbabwe in order to help solve its problems. He added that the Kenyan situation required an Electoral commission put in place and a Judiciary that gained the confidence of the Kenyan people.

Hon. Elias P. Mbau, MP, (Kenya) wondered what would happen during the next general elections in view that the coalition government had taken away the ability to place checks and balances in Kenya. With no opposition in the Kenyan Parliament, he stated that the

coalition government had taken away the principal of collective responsibility among ministers as well as the momentum of growth in saying that before the elections the Kenyan economy grew at 7.1 per cent but had dropped to 1.8 per cent last year. He favoured the formation of a government system like that in Rwanda and Germany.

In his concluding remarks he claimed that for a coalition government to work there had to be proportional representation where one man casted a vote, and cited the example of a disadvantageous situation in Kenya where ODM with more members had less votes compared to PNU.

Above: Delegates engaging in the debate raised in Workshop A.

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Workshop B - 4 October 2009

WORKSHOP B: POLICY RESPONSES TO THE GLOBAL FINANCIAL CRISIS

Moderator: Sen. the Hon. Alan Ferguson, Deputy Speaker of the Senate, Australia

Discussion Leaders:

Hon. D. Giselle IsaacArrindell, MP, Speaker of the House of Representatives, Antigua and Barbuda; Prof. the Hon. Ben Turok, MP, South Africa; Hon. Abdallah Omar Kigoda, MP, Tanzania; Hon. Michael Carrington, MP, Speaker of the Parliament of Barbados; Mr Kevin Deveaux, Parliamentary Development Policy Adviser, United Nations Development Programme

Overview

Economic stimulus packages to inject money into national economies were highlighted as a common government policy response to the global financial crisis; but participants in this workshop also stressed the need for better government oversight and regulation of financial institutions, including oversight at the international level.

Women were urged to be more active in agitating for policies to benefit them as there was a consensus that women were suffering more than men from the effects of the recession.

The critical factors that led to the current crisis were identified as including such failings as: insufficient government regulation of the financial sector, an overdependence on flawed conventional economic policy, inadequate accounting and inaccurate financial readings by government. These were coupled with flawed monitoring of the state of national economies by previously trusted watchdogs such as the International Monetary Fund

whose inaccurate reports misled governments as to the true state of economies, said Members. The ineffectiveness of governments was often overlooked as a cause of the crisis, but it was reflected in the absence of oversight and the passage of legislation which in many cases represented the interests of a few as opposed to the interests of the majority.

The infusion of government money to stabilize and energize economies could improve the macroeconomic environment, said Members, adding that this should lead to a reversal of the misfortunes now affecting small states. While participants noted that the effects of the recession were widely felt in such ways as massive unemployment, bank failures, huge indebtedness, a lack of growth in the real economy and a fall in tourism, they also predicted that the effectiveness of policy responses will vary from country to country.

Discussion

Hon. D. Giselle Isaac-Arrindell, MP,

(Antigua and Barbuda) opened the debate reflecting on the disproportionately adverse effect the global financial crisis had had on her country. She highlighted that while most of the countries in the Caribbean, Atlantic and Americas region could pinpoint one broad crisis, Antigua and Barbuda had three distinct parts.

Before the global recession really hit home, news of the R. Allen Stanford scandal – in which the owner of the Stanford International Bank, headquartered in Antigua was accused and then charged in connection with an US$ 8 billion fraud – failed to highlight the plight of the 800 employees who faced the breadline as a result of the debacle.

Furthermore, by the time the 2008 winter tourist season came to an end, Ms Isaac-Arrindell reported that the global crisis had really begun to take shape as properties with little or no bookings started to let staff go or reduce the number of shifts. Consequently, she stated that both direct and indirect taxes dropped by 25 per cent, causing an ongoing late

payment of civil servants’ salaries and the inability to make social security and other contributions on the local level, as well as an inability to properly service its loan obligations on the regional and international levels.

The third part of the country’s crisis came as a result of the current situation that was happening in Florida, whereby the abrupt shutting down of the new housing market, left investors from a regional company “holding an empty bag”. In figures recently disclosed, Antiguans and Barbudans had an exposure of between US$111-$148 million, much of which represented life savings and pensions of older citizens and sizeable investments by some government corporations.

In light of the recent events, Ms Isaac-Arrindell called for significant policy changes, not only until the recession was over, but long-term ones to ensure a more secure future.

She reported that some policy

changes were already being implemented on the local level, the first of which was reducing spending costs. The government had curtailed new hires, enforced retirement dates and eliminated pay in lieu of vacation in an effort to control its greatest area of expenditure.

Moreover, the government had begun exercising greater control over the use of its vehicles by rationing petrol to various government departments, drivers of Ministers etc, and last year, the government’s own statutory corporations were required to begin its paying monthly utility bills.

While such moves proved popular with the public, other changes were not so well received. The government’s insistence on tying benefits to the payment of taxes has meant that virtually all duty and tax concessions have become dependent upon the company being up to date not only on its business and corporation taxes, but on its statutory payments

to the social security, medical benefits and education levy boards.

Ms Isaac-Arrindell outlined the government’s effort to tighten controls on immigration – a move not surprisingly welcomed by the country’s citizens, but not by the immigrant population. The country’s famous “open-door” policy has permitted citizens from Caribbean nations and further afield to live and work in the country. However, while there are certain treaty agreements that stipulates who qualifies for such privileges, these have not been enforced before. Consequently, many cries of victimization, prejudice and even xenophobia have greeted the government’s new policy.

Given that Antigua and Barbuda high per capita income dictates that it does not qualify for international aid, Ms Isaac-Arrindell reported that the country had forged relationships with new, “non traditional” partners. Earlier this year, the government joined the

extra-regional alliance of ALBA, the Bolivarian Alternative for the Americas, which – through the arrangement – was able to receive, through loans and grants, emergency funding of US$50 million to help settle some immediate and short-term payment and development costs.

Closer to home, Antigua and Barbuda, along with the other Organisation of Eastern Caribbean State (OECS) nations, was seriously considering Trinidad and Tobago’s offer to join their union as a trade partner. More importantly, she informed delegates that the government – through its recently formed Investment Authority – was actively soliciting, promoting and enabling investment by local

Above: Sen. the Hon. Alan Ferguson (centre) opens the session flanked by Mr Kevin Deveaux (left), Prof. the Hon. Ben Turok, MP, (second left) and Hon. Michael Carrington, MP, (right).

individuals and small businesses to fill the gap left by the absence of direct foreign investment from the U.S., U.K. and Europe.

Ms Isaac-Arrindell concluded that as a tourism-dependent nation, the country was reaching out to new and untapped tourism markets, rather than depending upon its staple American, British, European and Canadian patrons.

The most significant and controversial policy move being undertaken by the government was its decision to engage the International Monetary Fund (IMF) in discussions, with a view of adopting an IMF programme. Unsurprisingly, the move was met with fierce opposition, by those fearing austerity measures, stringent regulations and the loss of social programmes that would leaden to widening poverty.

Ms Isaac-Arrindell argued that the IMF venture best paved the

way for a shift away from the culture of dependency on the government, or “free-ness” that had crippled the Caribbean region towards one of financial prudence, financial responsibility and financial independence at both the individual and national levels.

Discussion leader Professor Ben Turok, MP (South Africa) recognized that the global financial crisis had thrown many political leaders off balance. Old certainties based on traditional orthodox economic policies had been challenged and were found to be seriously flawed.

He argued that the financial crisis rapidly became a crisis of the real economy, whereby banks failed, redundancies were on the increase and many people faced hardship in some of the world’s most advanced economies.

Professor Turok added that organizations entrusted with

globally rating economies, such as Standard and Poor, were too found suspect, while the major institution charged with overseeing the world’s economies, the IMF, had failed to predict the coming crisis.

As a result, policy makers and political leaders have questioned the foundations of economic theory and economic practice.

Professor Turok said that this selfdoubt had spread to a questioning of the role of certain state institutions and policies of government, a move that had prompted the French Prime Minister, Francois Fillon to comment that “the crisis has modified Europe’s ideological landscape” and that even the “British government, once firm proponents of liberal, free-market economic policies, had accepted that opening markets was not sufficient and that more state intervention and investment was now needed”. Professor Turok stated that there was now intense self examination in the developed countries, which in turn required developing countries to review its own policies more seriously.

Citing a newspaper article called “The Future of Capitalism” from the London edition of the Financial Times, Professor Turok explained that the article raised fundamental questions about macroeconomic policy. Additionally, an editorial running with the headline, “America’s fate is not in its hands” arguing that “without increased final demand from other parts of the world...there will not be sustainable growth”, referred to surplus countries on the trading account, notably China, India etc.

Above: Discussion leaders Hon. Michael Carrington, MP (left) and Hon. D. Giselle Isaac-Arrindell, MP (right).

This was significant given that never before had it been suggested that the powerful United States would depend on its revival from developing countries.

However, Professor Turok highlighted that developing countries were suffering from falling exports, capital outflows and much tougher credit constraints. Analysis of the effect of the global crisis revealed that even if there was a recovery in the financial sector, the systemic issues remained, and a recovery would not solve the social consequences of the crisis in both developed and developing countries.

He argued the significance of this as it created a common ground for unity between social forces in the developed and developing world to exercise pressure on government to exercise the necessary political will to overcome their consequences. Above all, developing countries had to gain its “voice” in international forums to ensure fair play.

Professor Turok claimed that developing countries should slow down its export of minerals and other primary commodities as well as institute programmes of beneficiation which would allow value to be added within the country, not abroad, create jobs and build technical capabilities.

He stressed that governments should introduce efficient taxation systems, ultimately moving towards a degree of self-reliance. For Africa, he argued that the idea of self-reliance was still valid, but in truth, he called for a move away from being “brainwashed” by constant claims that globalization was good for all.

Professor Turok ordered for the end to the “double standards applied by the IMF and the World Bank”, claiming that the UN General Assembly was fully briefed on the total dereliction of the Fund in its surveillance duties of the U.S. financial system but neglected to monitor the situation given they were too busy telling developing

countries what to do. Good governance, he argued, had to be applied at home and not just abroad. While it was clear that some international oversight body was needed, Professor Turok said it had to be “even handed and not discriminate against the poor”.

The challenge then for Parliamentarians was to “inform ourselves of these issues and seek common ground internationally”, of which the CPA, IPU and the UN could play a major part.

He concluded that national Parliaments had to regularly debate these matters and not leave it to the executive alone, for there were important matters of public policy at stake, which the people had a right to be properly informed about.

Mr Kevin Deveaux, Parliamentary Development Policy Adviser from the United Nations Development Programme said that in many countries, it was Parliaments that passed the legislation that in turn created a more liberal financial system that resulted in many of the economic challenges now being faced. This may have occurred as a result of:

(a)Executive capture in which the Parliament was weak and the executive had driven the agenda with regard to political and economic reforms; or (b)Special interest capture in which a particular sector (political or economic elite) have effectively convinced the Parliament of the benefit in losing regulations with regard to banking or trade policies that resulted in an exportdriven economy with limited internal demand.

Mr Deveaux added that a second area of concern was in regard to oversight of the economy by Parliaments. Without the technical support to effectively question the executive branch as

to its economic policies, Parliaments were unable to ensure the accountability necessary to ensure such policies reflected the interests of all citizens. Lastly, he highlighted that many Parliamentarians in many countries were unwilling to ask the tough questions when remittances, emigration and loose credit created relatively good economic conditions.

He argued that if anything could be discerned from this crisis, it was that the interests of a minority had usurped the interest of the majority – locally, nationally and globally. Without proper oversight of the financial sector this problem was allowed to grow into a major crisis.

Parliaments had a role to play in scrutinizing draft laws as the financial and economic sectors were re-regulated. Once these laws were passed, oversight of the implementation of such laws had to also occur.

However, Mr Deveaux stressed that the key to addressing this crisis and future challenges were Parliaments that built a strong dialogue with its citizens.

MPs that were attune to the needs of average citizens were less likely to be captured by an executive or special interests and more likely to reflect the concerns and interests of the citizens in the laws they passed and oversaw.

He concluded that if the crisis had proven that there was a lack of accountability, then we had to support the need for accountability. This occurred via:

1.Support to Parliament and civil society to ensure both parties were able to constructively engage in a dialogue;

2.The role of parliamentary committees, particularly Public Accounts Committees, to have the resources and support to demand greater accountability for public spending/public finance in a global environment of financial crisis.

Above: Hon. Delroy Chuck, MP, of Jamaica.

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Workshop C - 4 October 2009

WORKSHOP C: THE ROLE OF COMMONWEALTH PARLIAMENTS IN COMBATING TERRORISM

Moderator:

Mr Nigel Evans, MP, United Kingdom

Discussion Leaders: Hon. Dr Wilbrod Slaa, MP, Tanzania; Hon. Jenny Gardiner, MLC, Deputy Leader of the Legislative Council, New South Wales; Senator Jan Jamali, Pakistan; Mr Fred Matiangi, Chief of Party, State University of New York - Kenya;

In addressing the issue of the role of Commonwealth Parliaments in combating terrorism, participants accepted that any new security or counter-terrorism measure must be very carefully considered prior to implementation to ensure it does not impact negatively on the freedoms and liberties so cherished by the citizens of the Commonwealth. New security policies must be inclusive and sensitive to regional needs so all citizens of that region feel empowered and protected.

Parliaments have a significant role to play in ensuring the safety and security of those they represent. The effectiveness of Parliaments in performing this role may be enhanced by greater cooperation and information-sharing

among member jurisdictions.

The workshop explored the root causes of terrorism, including poverty, and the relationship between the developed and developing world. The question of what constitutes terrorism and the difficulties associated with defining terrorism were recurring themes. The practical and economic effects of terrorism were discussed and several specific examples were provided of counter-terrorism measures which had been introduced.

Other recurring themes included: the loss resulting from certain acts of terrorism, an act of terrorism is local but the effects are far-reaching, the problem is unquestionably an international one and that good government in

one region may not necessarily be seen as good governance in another.

Mr Fred Matiangi, Country Director, Kenya Parliamentary Strengthening Program, began his presentation by challenging participants with the question of what constitutes terrorism. Despite 13 international counter-terrorism conventions, numerous resolutions and an attempt by the Security Council to define the term in 2004, the international community has still failed to agree on a legal definition of terrorism. This failure has allowed for the enactment of inconsistent national definitions across the Commonwealth, many of which have a wide scope to punish numerous acts of lawful conduct as terrorist offences. Mr

Matiangi then presented some examples of the various definitions of terrorism adopted by different nations within the Commonwealth.

Mr Matiangi urged legislative branches to become more involved in the fight against terrorism given that much of the development of security policy to date has been implemented by the executive branch. Parliaments must be empowered and involved in a meaningful way to ensure an appropriate balance between security and civil liberties is maintained. He also believes that the Commonwealth Secretariat should provide regular updates to Commonwealth countries on terrorism, share information in a consistent manner and assist

countries in developing best practices for anti-terrorism initiatives by providing a framework so that progress may be effectively measured.

In his paper, Mr Matiangi offers his thoughts on other matters such as; common trends in national legislative response to terrorism, the process of legislating, the importance of consultation in the development of security law, and an exploration of the important role that parliament can play in resolving conflict. He concluded by offering that “...Ultimately, Parliament’s role lies in promoting a culture of peace, justice and human development because the root causes of terrorism lie in people’s disadvantage, poverty and

severe systematic social exclusion”.

Senator Jan Jamali from Pakistan opened his remarks by offering his contribution as a tribute to the memory of the late former Prime Minister of Pakistan, Hon. Benazir Bhutto, who herself died as a result of terrorist action.

Senator Jamali focused on the immense practical costs of terrorism, the roots of terrorism being in poverty and conflict and the international challenge of, in a unified way, fighting terrorism yet being ever mindful of the to ensure that these initiatives do not impinge on individual freedoms. Senator Jamali apprised delegates of antiterrorism centres as established in Pakistan and offered his thoughts

Discussion leader Dr Wilbrod Slaa, MP, (left) with workshop moderator.

on military intervention to date in an effort to fight terrorism. He concluded that “the root causes must be addressed or terrorism will spread”.

Lord Morris of Aberavon, (United Kingdom) stressed the importance of striking the right balance between civil liberties and security and stressed the importance of Parliament’s role in monitoring governments’ response to ensure that this right balance is maintained. In order to achieve this, Lord Morris offered a checklist of the areas Parliaments should review, including initiatives in the area of surveillance and data collection, the effect on citizens, impact on the character of its citizens and an exploration of the sufficiency of the legislative response.

Dr Aristos Aristotelous, MP, (Cyprus) stressed the importance of striking the right balance between security and human rights and explored the practical and economic effects of terrorism.

Hon. Mabenga Michael Mulemi, MP, (Zambia) expressed the need for the Commonwealth to determine a clear position on terrorism and to be inclusive so all citizens feel empowered. He also advocated for stronger legislation, policies, international frameworks and programs to counter terrorism but in so doing, the appropriate balance between civil liberties and security must be maintained.

Hon. Nisar Ahmed Khuhro, Sindh, Pakistan, urged that the practical experience from jurisdictions that had experienced terrorist acts should be drawn upon to convince Parliaments to play an active role in combating terrorism and disseminating democratic messages.

Lord Navnit Dholakia, (United Kingdom) noted that terrorism knows no geographic boundaries and that security of citizens is one of the major responsibilities of Parliaments. He contended that the United

“...the sharing of information and cooperation among member states of the Commonwealth would undoubtedly benefit and serve to assist the Commonwealth in combating terrorism.”

Nations must be more active and identified poverty as the root cause of terrorism.

Hon. Amina Abdala, MP, (Kenya) cited the practical effect of terrorism on citizens and explored the different forms that terrorism could take. He also urged all

Hon. Nasharuddin Mat Isa, MP, (Malaysia) identified law and order as one of the fundamental values held dear by citizens of any state and offered examples of laws enacted in Malaysia to combat terrorism and stressed the need for Parliaments to be united and firm in standing against terrorism.

Hon. Harbans Kapoor, (Uttarakhand, India) reinforced once again, the need for Parliaments to collectively combat terrorism and stressed vulnerability of soft targets...reinforcing the need to be strong and united in order to achieve maximum effect. Not only must terrorism be attacked but the root causes of terrorism must be addressed. Also discussed was the establishment of a new national investigating agency in India, created by an act of Parliament.

Above: Hon. Nisar Ahmed Khuhro, MPA, of Sindh; Right: Hon. Adewami Adelabu, MHR, of Nigeria.

jurisdictions to attack the root causes of terrorism.

Hon. Onibiyo Adelabu, MP, (Nigeria) urged delegates to consider the definition of the word terror and work to address the root causes. Terrorism, in his opinion, was a failure to achieve the right balance between freedom and security.

Hon. Wilby Lucas, (Seychelles) expressed that more work was required to determine what exactly constituted an act of terrorism.

Hon. W.D.J. Seniviratne, (Sri Lanka) relayed some of the Sri Lankan experience with terrorism and called for a peaceful coexistence among all nations of the Commonwealth and of the world.

Hon. Abdulla Shahid, (Maldives) expressed that legislation was necessary but more work was

required to ensure that it was sufficient to address the present security environment. He added that Parliamentarians had to work collectively to deal with the practical effects of terrorism and reinforced that the Muslim community did not condone terrorism.

Hon. Ibrahim Abdul Raf Tanko, MP, (Ghana) urged that Parliamentarians explored the root causes of terrorism and focused on educating those who were being encouraged to participate in terrorist actions to ensure that they understood the full impact of what they were being asked to do.

Mr Dushyant Singh, MP, (India) stressed the negative economic effects of terrorism and that measured legislative response should emphasize cooperation, love, respect and affection for

fellow man if it was to truly present a sustainable solution.

Mr M.H.K. Talour, Singh, (Pakistan) suggested that more attention should be directed on investigating the funding of terrorist activity.

Other examples of counter terrorism measures introduced were offered with several recurring themes emerging. These included: the loss resulting from certain acts of terrorism; the recognition that an act of terrorism was local but the effects were broad reaching; that the problem was unquestionably an international one; that good government in one region was not necessarily seen as good governance in another and that new security policies had to be inclusive and sensitive to regional needs so all citizens of that region would feel empowered.

In conclusion, the general theme emerging was that the Commonwealth had a role to play in combating terrorism but had to be careful in doing so to ensure that civil liberties and hard fought for freedoms were not eroded. Furthermore, the complexity of the problem demands that each jurisdiction may well require different measures to effectively get to the root of terrorism; however, the sharing of information and cooperation among member states of the Commonwealth would undoubtedly benefit and serve to assist the Commonwealth in combating terrorism.

Above: Hon. Priyankara Jayaratne, MP, of Sri Lanka (centre).

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Workshop D - 4 October 2009

WORKSHOP D: THE ROLE OF PARLIAMENT IN SHAPING THE INFORMATION SOCIETY

Moderator:

Hon. Yamide Francis Renner, MP, Speaker of the House of Representatives, Gambia

Discussion Leaders:

Hon. Asser Kapere, MP, Namibia; Hon. Meira Kumar, MP, India;

Hon. Ted Staffen, Yukon, Canada;

Hon. Mahmoud Thabit Kambo, MHR, Zanaiba, Tanzaniar;

Mr Gherardo Casini, Global Centre for Information and Communication Technologies in Parliament;

Mr Mitchell O’Brien, World Bank Institute

Parliamentarians must generate the political will among governments to make information and communications technology (ICT) – including older technology such as radio – accessible to all as part of a good governance campaign to improve transparency and expand citizen access to governments and Parliaments, argued Members in the workshop.

Recognizing that the infrastructural costs of access and the challenge of improving literacy in developing countries have to be overcome, workshop participants noted the positive examples of parliamentary support for improved access to information in both the Commonwealth’s developed and developing nations. The establishment of the Lok Sabha’s own television channel in India, elearning programmes in Australia, parliamentary support for the expansion of ICT in Zambia and freedom of information legislation before the Nigerian National Assembly demonstrated that advances in communications can be accomplished by all countries. The greater use of radio attracted

wide interest as a medium which overcomes deficiencies in literacy.

Parliament must not allow governments to use a lack of development in other areas as an excuse for not expanding ICT accessibility, it was argued. ICT is an important tool to strengthen participatory democracy as it enables Parliamentarians to interact with citizens instead of just communicating information to them.

Discussion leader Hon. Asser Kapere, MP (Namibia) highlighted the challenge of Parliamentarians acquiring a familiarity and expertise in using information communication technologies. He shared his fascination for ICT and emphasized the need to harness technologies in an age where governance functions are increasingly regulated in nature rather than cast in terms of government control.

Discussion leader Ms Meira Kumar, MP, Speaker of the Lok Sabha (India), drew the attention of the participants to the immense possibilities opened up by the ICT to make information and

knowledge available freely for all citizens rather than a remaining few. She expressed her enthusiasm about the spate of legislation in India since 2000 to open up direct access of citizens to information and deepen democracy. Legislation to ensure commitment of funds for free and compulsory education for all children was a basic prerequisite for shaping the information society. In light of this, Ms Kumar stressed that the focus had to therefore be on future generations.

Discussion leader Hon. Mahmoud Thabit Kambo, MHR, (Zanzibar, Tanzania) focused on problems representatives faced in communicating with the constituency. He described how information complimented development goods citing various illustrations to show the direct relation between growth in GDP and ICT. In addition, Mr Kambo argued that Parliaments could effectively deploy ICT for its oversight functions which were often conducted in Cameroon (?) Mr Gherado Cassini, Executive Coordinator, Global Centre for ICT

in Parliament, pointed out that technology itself would remain a key driver in the domain of shaping an information society. He suggested that the first step to bridging the digital divide was to set up telecentres for remote villages. He emphasized the need to share success stories and encouraged Parliaments to become active participants in the global WISS process.

Mr Mitchell O’ Brien, parliamentary strengthening programme, World Bank Institute, posed the ICT challenges from the user point of view of Parliamentarians who could use ICT as a tool to lend greater transparency to the budget process and for fighting corruption. He elaborated that since ICT stimulated innovation, securing a

framework for the free flow of information between Parliament/government and citizens was crucial to development. The issues of access for all, problems of cost, literacy in developing countries, the need for Parliamentarians to become computer literate, the political will to use ICT and adequate funding to set up the infrastructure were underlined by the moderator. Mr O’Brien categorically stated that Parliaments had a responsibility to support countrywide use of ICT irrespective of the level of the development of the country. When the discussion was opened to other delegates, the Lok Sabha television channel in India and e-learning in Australia were highlighted as successful examples. The topic of using radio

to overcome the problem of literacy was also suggested and evoked great interest.

Parliament’s contribution for propagating the use of ICT in Zambia was noted as an important development along with the fact that a Bill was pending before Parliament in Nigeria to make information more freely available. The need for legislators to use ICT to interact, rather than broadcast to the constituency was pointed out as an extremely important aspect of deploying ICT in democracies.

The workshop concluded that generating the political will to harness ICT for access, creating transparency and good governance was the problem and it was imperative that Parliamentarians played a catalytic role.

Above: Discussion leaders Hon. Yamide Frances Renner, MP, (left) Hon. Meira Kumar, MP (centre) and Hon. Ted Staffen, MLA, (right).

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Workshop E - 4 October 2009

WORKSHOP E: THE ROLE OF PARLIAMENTARIANS IN THE ELIMINATION OF VIOLENCE AGAINST WOMEN WITH A PARTICULAR REFERENCE TO DOMESTIC VIOLENCE

Moderator: Hon. Anna Abdallah, MP, Tanzania

Discussion Leaders: Hon. Marjorie Morton, MHA, Nevis Island, St Christopher & Nevis; Hon. Mme Charlotte L’Ecuyer, MNA, Quebec, Canada; Ms Ellen Lee, MP, Singapore

Commonwealth women legislators strongly condemned domestic violence against women, indicating that it is a manifestation of historically unequal power relations between men and women which prevent the full advancement of women. Parliamentarians called upon governments to come up with a national strategy to address the issues.

CWP Members emphasized that, while civil society has a significant role to play, governments must be the movers of initiatives against domestic violence and MPs must lobby governments to do that. As long as governments do not have the political will, domestic violence will continue to be an issue. Governments must start eradicating the problem.

A need for training of those in

the legal system was identified, from Supreme Court justices to public defenders and prosecutors to social workers and support personnel who deal with women whose rights have been violated.

Parliamentarians should advocate the empowerment of women by urging ministerial budgets to have gender-based programmes to eradicate poverty. A lack of economic resources underpins women’s vulnerability to violence.

Women Parliamentarians suggested that the “International Elimination of Violence Against Women’s Day” on 25 November each year should be commemorated by the CPA.

Overview Violence against women and girls continues to be a global epidemic

that kills, tortures, and maims –physically, psychologically, sexually and economically. It is one of the most pervasive of human rights violations, denying women and girls’ equality, security, dignity, selfworth, and their right to enjoy fundamental freedoms.

Violence against women is present in every country, cutting across boundaries of culture, class, education, income, ethnicity and age. Even though most societies prescribe violence against women, the reality is that violations against women’s human rights are often sanctioned under the garb of cultural practices and norms, or through misinterpretation of religious tenets.

The role of Parliamentarians in the elimination of violence against women with a particular reference to domestic violence is very crucial.

Legislation needs to be adopted to establish domestic violence as a serious and unacceptable assault on human dignity.

Parliamentarians need to work hand in hand with governments to adopt and implement national legislation to end violence against women and to work actively to ratify all international agreements that relate to violence against women. More so, taking responsibility and making sure that the international conventions and human rights instruments harmonize with the laws of the land in order to uphold the right of women to equal protection under the law.

There is need to pass legislation that can protect the violated persons, particularly within

the sanctity of the home as a strong factor in perpetuating violence against women. Until recently, the public/private distinction that has ruled most legal systems has been a major obstacle to women’s rights. Increasingly, however, states are seen as responsible for protecting the rights of women even in connection with offences committed within the home. In many countries violence against women is exacerbated by legislation, law enforcement and judicial systems that do not recognize domestic violence as a crime. More so the challenge is to end impunity for the perpetrators as one means of preventing future abuse. the existence of a legal system criminalizing and providing

sanctions for domestic assault would not in itself be sufficient; the government would have to perform its functions to “effectively ensure” that incidents of family violence are actually investigated and punished.

Parliamentarians should also request governments to adopt appropriate measures in the field of education to modify the social and cultural patterns of conduct for both men and women. There is need for families to rely upon the upon community-based support mechanisms to resolve issues of conflict. The local community therefore needs to be mobilized to oppose domestic violence in its midst. Actions taken by local people may include greater surveillance of domestic violence situations, offering support for

victim-survivors, and challenging men to stop the violence can be overseen by Members of Parliament hailing from the locality. There is need to have effective communication and information flow to women whose rights have been violated for them to understand that there are preventive measures. The need to include public information and education programmes on radios, televisions will enable change of attitudes i.e. the roles and status of men and women; protective

Left to right: Ms Ranny Ismail, Ms Ellen Lee, MP, Mme Charlotte L’Ecuyer, MP, Hon. Anna Abdallah, MP, Ms Meenakshi Dhar and Hon. Marjorie Morton, MHA.

measures, including counselling, rehabilitation action and support services for women who are experiencing violence or who are at risk of violence.

In addition to the above, Parliamentarians need to make known the legislation enacted on domestic violence to the citizens in order for them to understand that they are protected by the law. This can be done by having outreach programmes by Parliaments and also on spot announcement on radios and television.

Hon. Mme Charlotte L’Ecuyer, (Quebec, Canada) said that there was a need to create a family court and also that law enforcers should be allowed to intervene on the family and cultural tradition which did not allow interference to privacy. She further alluded that this privacy was abused and subsequently if not tackled would not reduce domestic violence.

She added that it was important to have networks of women who had been victims of domestic violence in order to raise self

esteem and also allow them to cope up with the whims of society.

Hon. Onibiyo Adelaban, (Lagos, Nigeria) said that the idea of domestic violence was a foreign one and it was up to the customary laws to decide the punishment when violence occurred at home.

He added that in Africa, many marriages were polygamous which did not allow men to advocate for the fight against domestic violence.

Hon. Ngwenya Lydia, (Limpopo, South Africa) emphasized the importance of educating female children as that this would empower the women in their early stages and fights the stereotype of men. She also highlighted that the patriarchal tradition of the men in the global village had to be phased out.

Hon. John Austin, (United Kingdom) stated that a woman’s fundamental right should not be abused and also stressed the need for women and young girls to be educated and financially empowered. In view of this, Mr Austin pushed for the CPA to

recognize the UN declaration day of 25 November that celebrated the elimination of domestic violence.

Hon. Datuk Halimah

Mohammed Sadique, (Malaysia) argued there was a need to include in the school curriculum a module explaining that violence at home was prohibited and children should grow up loving each other. He added that Parliament needed to follow up on the protocol that was ratified as well as the implementation process. He concluded that women should be included in decision making and a need to adopt a measure that would sustain long time change.

Hon. Ratna De, (India) said that the principle of gender equality and women’s rights should be

enshrined in the constitution, where the family law should be more gender just. She also added that there was a need to sensitize decision makers, policy planners and those responsible for the implementation of various programmes.

Hon. Ibrahim Abdul, Ghana urged the need to eradicate poverty in the society. As long as men in traditional society were the breadwinners, they would dominate the women and hence remain submissive even if there rights are manipulated.

Hon. Mrs Sampa Bredt Violet,

Above: Hon. Dancia Penn, MHA, British Virgin Islands.

(Zambia) argued there was a need to formulate legislation against domestic violence and follow up on the implementations forming also police support unit.

Hon. Shakila Abdallah, (Kenya) pointed that women Parliamentarians had a lot of challenges when getting men to pass legislation. She added that the notion that violence was private and not for the state should be eradicated.

Hon. Jenny Tasker, (Guernsey) highlighted the need to increase sensitization programmes of women in order

to have the courage to report when their rights were violated, and argued that domestic violence had affected the work input of many countries because of poor concentration.

Hon. Charles Pyngrope, (India) emphasized the importance of empowering young girls, whereby women should be empowered by their husbands and the family had to also recognize the role that women played in the nuclei.

Hon.Shri Pratapsingh, (Goa, India) argued that education and the abolishing polygamy was the

way forward to eliminate domestic violence.

Hon. Mohammed Maliki Osman, (Singapore) expressed that domestic violence was an issue for both men and women. Men needed to talk more and send a message to other men that committing violence against their wives was wrong. He added that women should bring men on board to help in the elimination of domestic violence and that changing the fundamental beliefs should come from people who were seen as creating an imbalance.

the debate.

Hon. Clair Moore, (Australia) called for local communities to be involved in the strategy of eradicating men who abused women from activities or programmes of the community.

Hon. Haddy Nyand, (Gambia) argued for Parliamentarians to address the issue as a national problem and just one that affected minority groups.

Above: Hon. Alix BoydKnights, MHA, Dominica, speaking on

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Workshop F - 4 October 2009

WORKSHOP F: CLIMATE CHANGE – ARE POLICY SOLUTIONS

WORKING?

Moderator: Hon. Abdulla Shahid, MP, Maldives Speaker of the People’s Majlis

Discussion Leaders: Dr Roberta BlackmanWoods, MP, United Kingdom; Hon. Madame Fatima Houda-Pepin, Deputy Speaker of the National Assembly of Quebec, Canada; Hon. Timon R. Aneri, MP, Kiribati ; Sheikh Fazlul Karim Selim, MP, Bangladesh; Mr Mitchell O’Brien Parliamentary Strengthening Program, World Bank Institute; Dr Habiba Gitay, Ecologist Parliamentary Strengthening Program, World Bank Institute.

Summary

All areas in the Commonwealth are experiencing the adverse effects of climate change on their local environments, confirmed Members at this workshop.

These effects are manifest in extreme weather events and apparent changes in weather patterns which present differently in different regions, including: severe reductions in the levels of precipitation in some regions, exceptionally heavy rainfall in other regions and a general increase in temperatures around the world. The recent natural disasters in the Asia and Pacific regions have been caused or exacerbated by the effects of climate change. The severe threats to peoples and the environment in various regions come from inundation of land in low-lying nations and the loss of habitat for humans, animals and vegetation.

A high level of concern about climate change was registered by Parliamentarians, who agreed Members would benefit from an ongoing CPA dialogue on the subject. This would enable MPs to

exchange experiences and become better informed in all aspects of the debate, including analysis of trends, predictions of outcomes and proposed policy approaches.

Overview

Delegates felt it was important to share their many experiences in relation to climate change, from reporting on the direct impact of climate change in their local environments through to identifying policies and programs which they considered to be effective in addressing the problems of climate change, and proposing practical measures to mitigate and adapt to the effects of climate change. The examples raised included, government legislation and action plans, government support for UN proposals and also acknowledgments of the positive commitments of other countries and regions; New Zealand’s pledge of financial support for climate change, Japan’s Cool Earth Promotion Programme, the European Union’s Global Climate

Change Alliance, Australia’s commitment to the Kyoto Protocol together with its recent announcement of a climate change programme, Bangladesh and UK parliamentary climate change inquiry.

Delegates agreed that systems and mechanisms needed to be responsive to local conditions and that everyone should join in and commence action to reduce emissions immediately. Furthermore, there was recognition that assistance to less developed countries and areas would be needed.

Hon. Abdulla Shahid highlighted the special situation of the Maldives as the lowest lying country in the world facing the threat that much of the islands would be inundated with water from rising sea levels. One important policy aim of the government is to become carbon neutral by switching to renewable energy sources. The Maldives is willing to take practical action to commence adaptation. In order to emphasise the seriousness of the threat from climate change, shortly

the Cabinet is to conduct a meeting entirely underwater to impress upon the world community the need for immediate action.

Dr Roberta Blackman-Woods stated that the U.K. government had developed an extensive climate change policy platform, which includes the Climate Change Act 2008, low carbon route maps and a climate impacts programme. The policy platform addresses mitigation and planning for adverse effects of climate change. She identified four challenges, to increase the speed of delivery of renewable energy, to persuade all people to adopt good practices and conserve energy use, to encourage business to adopt good practices and to transfer knowledge in relation to all aspects of climate change issues on a global basis.

Hon. Madame Fatima HoudaPepin agreed that all countries were united in experiencing problems associated with adverse climate change. It was important that sustainable development, climate change and energy should not be dealt with in isolation from one another. Quebec had a good

reputation for addressing the problems arising from adverse climate change and was making every effort to ensure that natural resources were developed in a sustainable manner. Renewable energies accounted for a high proportion of Quebec’s total energy consumption, for example wind and hydro-electricity. The

Sustainable Development Act 2006 establishes a management

framework to guide all government action in Quebec in the interests of present and future society. The Act affirms the right of everyone to live in a healthful environment and obliges the government administration to pursue and foster sustainable development. Furthermore, there is a requirement for these measures to be monitored and parliamentarians have a role in examining plans.

Delegates from Kiribati, Mr Timon Aneri and Dr Tataina, MP, and Bangladesh, Sheikh Fazlul Karim Selim and Hon. Dr Ashequr Rahmin, MP, spoke about the serious threats of climate change and sea level rise to the very existence of their communities and nations on low lying lands. While not major emitters of greenhouse gases, these nations are among the worst affected communities of adverse climate change. Mr Aneri called for greater leadership from developed countries in relation to solutions for these seriously affected areas as there was an immediate need for decisions to support practical measures. He stated that these communities had been appealing to the broader international community for some years asking for action and

Above: Hon. Abdulla Shahid, MP, (left) and Dr Roberta Blackman-Woods, MP, (right);

Below: Hon. Sk. S. F. Selim, MP, (left) and Madame Fatima Houda-Pepin, MNA, (right).

solutions for those low lying areas seriously at risk of inundation by sea water. He explained that mitigation and adaptation strategies were an integral component of Kiribati’s response to climate change, with seawall construction as the main adaptation measure currently undertaken by the Government. However, Kiribati needs assistance to increase its seawall construction because it has resources to protect public infrastructure only, and not private properties. Mr Aneri said that researchers had estimated that projected sea level rises would mean that Kiribati would be uninhabitable within 50 years, so the government of Kiribati was developing a relocation strategy. Dr Tataina spoke of the need to carry out research which was relevant to

each region because policies should be examined to determine whether they are providing effective solutions.

Sheikh Selim explained that in Bangladesh the potential for natural disaster was severe, especially given that a one metre rise in sea level would inundate a third of the country. Analysis suggests that Bangladesh’s economy would be severely challenged due to climate change as already a substantial portion of its resources are being used for disaster constructions and rehabilitation efforts. Sheikh Selim was looking forward to the establishment of a new World Climate Services System, one of the outcomes of the UN World Climate Conference-3 held earlier in the year, which should lead to

enhanced predictions and climate information. Mr Rahmin concluded that everyone agreed that climate change is a vital issue having a global dimension.

For example, air pollution was not confined by national boundaries so solutions should be devised on a regional basis and take into account all important issues.

Dr Habiba Gitay clarified that scientific recognitions of climate change were based on the recording of significant changes in climate which had taken place over decades. Of all carbon emissions, 80% derived from fossil fuels and 20% from land based activity, such as farm animals and deforestation. To date, there have been a lack of financial and human responses to the dangers.

Dr Gitay encouraged action now which required developing countries and developed countries to work collectively. In particular, she agreed it was important to exchange information in relation to all actions related to climate change.

Hon. James Netto, MP, (Gibraltar) commented on the current overall lack of willingness to share the burden between developed and developing countries and said that resources or grants needed to be provided to developing countries. Nevertheless a collective approach was needed for all areas to become low carbon emission economies.

Hon. Charles Onyancha, MP, (Kenya) mentioned that the adverse effects of climate change present differently in different

Above: Delegates in attendance at the climate change workshop.

countries. In Kenya there have been prolonged droughts and the failure of crops. Aid was needed to assist less developed areas to address the problems.

Mr Shane Ardern, MP, (New Zealand) referred to the media reports received from Samoa, over the course of the early days of the 55th CPC, which indicated there had been a major adverse weather event, and identified this as an example of climate change. He stated that New Zealand also was vulnerable to significant impacts due to adverse weather events because of the reliance of the economy on agriculture. One difficulty New Zealand faced in meeting emission control targets was because of the large herds of farmed cows producing methane gas. Mr Ardern argued that the current system didn’t adequately take account of such effects.

Mr Geia Halinaga, MP, (South Africa) supported the development and implementation of policies in response to the many serious concerns about climate change. For example, longstanding practices such as cutting down trees to produce charcoal should be critically reviewed. Ms Niama, MP, (South Africa) made some very practical observations – the effects of bad practices do not stay on one side of a border and so there is a need to adopt policies to stop bad practices. Furthermore, it is important to look for expertise and solutions everywhere and not just in developed countries.

Hon. Sophocles Fittis, MP, (Cyprus) encouraged a global response to climate change to take effect now. Cyprus shares some of the weather events which are problems for the whole world, for example, experiencing a five year drought and the destruction of coastal areas. Mr Hari Ramkarran, MP, Speaker of the House, (Guyana) commented that Guyana was experiencing the heaviest rainfall on record, especially in the hurricane season. Guyanan land is 80% forests and parks, and

Inaugural meeting of the Commonwealth Parliamentary Task Force on Climate Change (CPTFCC)

The Parliaments and Parliamentarians must lead the world in addressing the problems arising from climate change, working through a parliamentary network to enable individual jurisdictions and regions to better share information on how to reduce energy consumption and carbon emissions at a local level, agreed Workshop F participants who continued their discussions to form the CPA Commonwealth Parliamentary Task Force on Climate Change. This exchange of information would enable individual Parliaments and Parliamentarians to facilitate practical action to implement changes at the local and global levels.

CPA Members should lead global collective action now, including by contributing to the upcoming meeting in Copenhagen and beyond, to mitigate the adverse effects of climate change. Members expressed a desire for an ongoing dialogue on climate change so that Parliamentarians can develop better access to information so they can engage with their communities, the private sector and the media and contribute to responses to climate change over the long term.

The Task Force agreed to establish a programme to provide support to Parliaments and Parliamentarians in developed and developing countries to formulate action plans to establish legislation and policies that will respond effectively to climate change issues.

In opening the conference, Tanzanian President H.E. Jakaya Mrisho Kikwete urged the Commonwealth’s biggest gathering of parliamentary leaders to work closely with their governments to identify the most effective policies to respond to climate change, the global recession and other social and economic challenges to parliamentary democracies. The Commonwealth can take the lead in efforts to implement the United Nations Millennium Development Goals, he added. Commonwealth developing nations will also need assistance to adopt climate change polices, he said, noting they did not create the world’s current environmental situation.

The CPATFCC meeting called on the CPA to lead global collective action now to mitigate the adverse effects of climate change. Members of the CPATFCC showed their support for an ongoing dialogue on climate change so that Parliamentarians could develop better access to available information enabling them to engage with their communities, the private sector and the media and to contribute to responses to climate change for the long term.

The CPA Secretariat will work with the Commonwealth Secretariat and the World Bank Institute to provide support to Parliaments and Parliamentarians in developing action plans to establish legislation and policies to mitigate the effects of and adapt to climate change.

A digital library has been created to assemble climate change legislation and policies available across the CPA. Resource materials and briefing notes from several international parliamentary organizations will also be included. Members can also email cpatfcc@cpahq.org for more information.

The e-library can be found at the following link: http://sharepoint.cpahq.org/cc/default.aspx

The log details (case sensitive) are as follows:

Username: cpatfcc@cpahq.org

Password: Climate12

The following sections have also been created:

• A Frequently Asked Questions section;

• Weblinks to articles and resources;

• A Climate Change Discussion Forum.

government policies supported a halt to deforestation. In general, the government supported UN proposals for reducing emissions and halting deforestation.

Dr Robert Henderson, MP, (Prince Edward Island, Canada) made some practical suggestions for those areas susceptible to rising sea levels and storm damage

– there should be policies to ensure buildings are set back from the coast, and to provide for hurricane proof housing.

Hon. Ted Staffen, MP, Speaker of the Yukon Legislative Assembly, (Yukon, Canada) identified that the Yukon Government had established a climate change

action plan, with the goals of leading the province in the response to climate change, improving knowledge of climate change, conducting surveys and assessments of current situations and reducing greenhouse gas emissions, with the aim of becoming carbon neutral by 2020.

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Workshop G - 4 October 2009

WORKSHOP G: DEVELOPING MECHANISMS TO REMEDY ROOT CAUSES OF POLITICAL, ECONOMIC AND SOCIAL CONFLICTS

Moderator:

Hon. Ronald Kiandee, MP, Malaysia

Discussion Leaders:

Mr Norman Whittaker, MP, Guyana;

Shri Bhakta Charan Das, MP, India;

Hon. David Musila, MGH, MP, Kenya;

Mr Kevin Deveaux;

Members at this workshop called for appropriate institutional structures and good practices to prevent conflicts and to lead to their peaceful resolution should they arise.

Speakers recommended the passage of constitutional and other legal instruments to guarantee a free, representative and transparent electoral process. The strengthening of the rule of law should be undertaken through institutional reforms where necessary to guarantee impartiality and efficiency in both the judiciary and law enforcement agencies. At the parliamentary level, broad consultation processes should be put in place so laws respect the interests of all sections of society. Members argued that Parliament should be enabled to effectively exercise its executive oversight function to guard against abuse of power and corruption.

To make resources accessible to all, Parliaments should ensure that the distribution of national

wealth and the planning of development spread benefits fairly around different regions and social groups. To prevent social exclusion, Parliaments and their Members must make certain that all policies and programmes promote tolerance and respect towards different ethnic and social groups and guarantee equal access to employment opportunities, education, health and other services.

Mr Norman Whittaker, MP, (Guyana) explained that conflicts represented the clash of interests or values or actions. He added that the conflicts in Guyana, situated in South America, were rooted in its colonial past and in the failure or lack of ability of post independence (1966) governments to effect changes to the institutional structures that were an integral part of the colonial administration and which had given rise to a division based on ethnicity between the two large racial groups in Guyana, i.e. the blacks

and the East Indians and, in some measure, the minority group of indigenous people. Mr Whittaker remarked that the influence of slavery and colonialism was evident in the administration and in the political structures and practices of Guyana such that authority and power were concentrated in the hands of a particular ethnic group and it therefore followed that most of the benefits that accrued went towards that dominant group. He argued that in the case of Guyana, the difference in ethnicity, whether real or perceived, were the roots of conflicts.

Another cause of conflict mentioned by Mr Whittaker was the rigging of elections which was rampant for 26 years after independence between 1966 and 1992, by means of which the leadership did not represent the majority of the population. He added that this lack of accountability resulted in social inequalities that sparked riots and

casualties. Mr Whittaker reported that this issue was remedied in 1992 when, with foreign assistance, free and fair elections were held thus ushering in a new era where people started having confidence in their leaders and that national reconciliation was embarked upon to remove the unjust and unequal society that had been created during the previous 26 years. Mr Whittaker

stated that a wide consultation process was carried out with a view to distribute power and wealth in such a manner that would reduce the gap between the rich and the poor by promoting unity through the dismantling of the tribal economic and social structure. He said that to participate in this process, one did not have to necessarily join a political party because civil society had been actively engaged.

Mr Whittaker remarked that one of the main sources of conflict was removed through a progressive constitutional reform following a wide consultation process that led to the strengthening of social justice and the rule of law. He continued that a useful tool to enhance cohesion was the setting up of a number of national commissions to represent the various interests and groups such as the gender and indigenous commissions, together with parliamentary committees some of which, like the Public Accounts Committee, were chaired by the

opposition to improve transparency and accountability. Another example cited by Mr Whittaker was the Elections Commission which was composed of seven Members, three nominated by the opposition and three by the government with its chair being chosen by the president from a list of six persons submitted by the opposition. He added that even the appointment of important constitutional posts, such as the Chief Justice and the judiciary, was undertaken after consulting with the opposition, which although it did not mean that the President was bound by these consultations in most cases a consensus was reached.

Mr Whittaker concluded that conflicts would continue to breakout however having strong political institutions and appropriate legal instruments in place did contribute towards good governance and to reforms in the distribution of wealth.

Shri Bhakta Charan Das, MP, (India) explained that conflicts were often secessionist or

nationalist in nature. He added that it was the civilian population that suffered most in the advent of conflicts and pointed out the several negative aspects of modern conflicts such as child soldiers, kidnapping and violence against women. Mr Charan Das claimed that by 2000, international conflicts had generated 13 million refugees and asylum seekers worldwide and in addition some 25 million people were displaced within their own country. Mr Charan Das explained that India was a country of many religions, ethnic groups, casts and creed and that it had always had a strong belief in tolerance, compromise and consultation based on universal brotherhood and mutual respect. He declared that India

Above: Discussion leader Shri Bhakta Charan Das, MP, (left) Hon. Ronald Kiandee, MP (centre) and rapporteur Mr John Vella (right); Left: Discussion leader Mr Kevin Deveaux.

followed the philosophy, policies and teachings advocated by Mahatma Gandhi and Gautama Buddha who believed that the whole world was one family and that economic policy had to be directed at alleviating the hardship of all suffering persons. He maintained that issues concerning minority rights, women and children rights, human rights and other such issues, were being addressed in India by the setting up of national commissions and even of parliamentary committees composed of members form government and opposition.

Mr Charan Das expressed the opinion that globalization had created an uneven distribution of wealth that was giving rise to conflicts in various parts of the world and he therefore urged that there should be a drive towards sustainable development.

He concluded that in solving political, economic and social conflicts India had followed the philosophy of Mahatma – meaning the great soul – Gandhi who advocated truth as the soul of life and that truth, consultation, freedom of expression and tolerance should be the guiding factors when dealing with contentious issues at all levels.

Hon. David Musila, MGH, MP, (Kenya) argued that conflicts, be them individual, organizational, communal or international, arose from incompatibility and that conflicts were major contributors to poverty and to lack of development. He explained that there were many root causes of conflict, such as exclusion from access and use of resources, lack of respect to the rule of law and weak institutional structures.

According to Mr Musila, a common cause for political disputes in Africa arose from the lack of level playing field among the players and such was the case of unrest that erupted in Kenya in 2008. He stressed the need to have in place an institutional and legal framework that would

guarantee a free and representative electoral process and that would provide for the equitable allocation of resources and a fair distribution of income.

He remarked that besides governments and Parliaments, one had to encourage civil society to make its contribution to the promotion of tolerance especially in periods of transition when the situation would be particularly fragile and unstable. Mr Musila cited fair representation of all social groups in positions of influence,

“...also insisted on the need for governments to adhere...to certain international treaties which were primarily meant to address certain causes of conflict.”

respect towards minorities, respect of human rights, access to education and employment together with inclusive development as aspects which contributed to social unity and that combated inequalities and poverty.

He urged states to fight the culture of impunity which in itself encouraged other conflicts, and claimed it was important to have commissions but more importantly the state had to act on the reports submitted by these commissions. Mr Musila suggested that there should be parliamentary groups both at local and at regional level to intervene swiftly wherever conflicts were building up and at that stage he mentioned the conflict in Kenya following the last election when its neighbours, namely Tanzania and Uganda, assisted Kenya in finding a solution.

Mr Musila concluded that people needed to feel included in the democratic process and yearned for the opportunity to make their input because most of the causes of conflict, especially in Africa, related to the structure of government that produced unequal opportunities and poverty.

Mr Kevin Deveaux, Parliamentary Development Policy Adviser (United Nations Development Programme) focused his speech on the three main functions of Parliaments, i.e. law making, oversight by scrutinizing the activities of government and representation by reflecting the needs of the people.

Mr Deveaux remarked that Parliaments were facing great challenges and difficulties in fulfilling their role and one of them was the lack of capacity of Members of Parliament and their staff. He added that Members of Parliament who were on a parttime basis or who were not adequately paid could not dedicate all their energy to parliamentary work and the lack of time could lead them to lose contract with the people who elected them thus detaching themselves from the problems on the ground. Mr Deveaux insisted that Parliamentarians should enter into dialogue with the citizens both at the constituency level and at committee level to understand their concerns and to reflect those concerns when enacting legislation. He continued that Parliaments had to enact laws that would benefit all and not just certain sectors to the detriment of others.

Mr Deveaux observed that if Parliamentarians were not adequately compensated financially they would be more prone to corruption and to operate not in a transparent manner. Mr Deveaux also mentioned that Parliament was often not as effective as the executive or as the military and that was due to inadequate funding and to lack of

human resources which limited their access to expertise both internally and externally. He added that such a situation ineffectively limited Parliament carrying out its functions especially with regard to oversight. Mr Deveaux remarked that Parliaments needed to have the institutional authority emerging from appropriate rules and procedures and the necessary resources to enable it to scrutinize the executive whose actions or inactions were often the cause of conflicts. Mr Deveaux opined that Parliament also needed to scrutinize the military establishment.

Mr Deveaux pointed out that when Parliament was not representative in its constitution there was the tendency that it could overlook the interests of minorities thus giving rise to animosity and conflict. He noted that the international community did a lot of work with regard to assistance to countries in staging free and fair elections, even if these were considered as internal affairs, and he cited the recent example of Ghana, which had gone through a very smooth electoral process supervised by a respected local commission with foreign assistance.

He expressed the view that corruption had to be seen in the light that it was often meant to work against the interests of minorities. He proposed a code of ethics for Members of Parliament, for the executive and for public officials along with the setting up of the Office of the Public Auditor as measures to promote accountability and good practices. Mr Deveaux also insisted on the need for governments to adhere at the national level to certain international treaties which were primarily meant to address certain causes of conflict.

He exposed another problem that Parliaments faced in the sense that they were often looked upon as cumbersome machinery when it came to the resolution of conflicts

and hence it was often bypassed and ignored on the pretext of urgency. He concluded that in such circumstances other institutions tended to usurp the role assigned to parliament which, he stressed, was the voice of the people and as such Parliament should be a venue for dialogue especially in times of crisis and conflict.

Hon. Nasharudin Mat Isa (Malaysia) explained that Malaysia was a multi-ethnic and multicultural state and that it had strived to foster the common values of its different communities. He remarked that inequalities among the various communities had contributed to social unrest in Malaysia in 1969 and that since then, measures, such as the development of the skills of the workforce, had been implemented to improve the lives of all citizens with the result that since 1969 Malaysia has enjoyed a peaceful long period. Mr Isa added that a study revealed that Malaysia had managed to avoid political, economic and social conflicts primarily through its economic achievements because experience had demonstrated that conflict was more likely to occur in countries with low per capita income.

Hon. Michael Mulemi Mabenga (Zambia) remarked that conflicts, which recently have been more in the form of civil wars, caused the disruption and even the wiping out of economic achievements and to the loss of human capital with their social repercussions.

He added that conflicts were considered either inevitable as though they were engrained in human behaviour or man made by those seeking power and economic gain. He opined that conflicts could be best managed positively through mediation, negotiation and consensus building among the parties concerned and maintained that constitutional democracy offered the best means to manage conflicts through the parliamentary

system, the rule of law and the judiciary.

Hon. M. Manoharan, MP, (Selangor, Malaysia) argued that free and fair elections, the right to vote, equality, freedom of religion, access to education, the rule of law and the fight against economic crime, like corruption, were measures that contributed towards the prevention of conflicts. Mr Manoharan stressed that countries should work towards the promotion of national unity and he cited the example of Singapore which had adopted English as the common language of the country which proved to be a unifying factor because it did not belong to any particular ethnic group. He argued that whereas the rich claimed that conflicts were caused by the poor, the problems of the poor were often the result of discrimination.

Mr Manoharan claimed that Parliaments should be more sensitive to what the people have to say because the people had the right to be heard and to present their case.

Hon. Douda Ibrahim Karfi (Katsina, Nigeria) reported that Nigeria was rich in mineral wealth

and that the population was made up of different ethnic groups which were united into one state. Mr Karfi remarked that Nigeria returned to democratic rule ten years ago and he claimed that the imposition of sanctions against a country created more problems rather than solved problems and at times even served as a source of conflict.

Mr Nkosinathi Kuluta, MPL, (Eastern Cape) proposed that there should be an international body, like the Commonwealth, that would formulate a set of principles and rules that would be commonly applied to all member states. Mr Kuluta argued that prevention was better than cure and suggested that where there were indications of irregularities like in the case of the rigging of elections, which was a process, such an international body should take immediate action before the issue would develop in a fully blown conflict.

Hon. J.R. Tau, MP, (South Africa) argued that conflicts caused by economic considerations were the result of greed. He stated that colonisation was never negotiated but it was imposed with the consequence that peoples were suppressed. He

explained that in South Africa the British and the Boers went to war because they both wanted to have exclusive access to the resources of that country to the exclusion of the majority of the people.

Mr Tau claimed that the limited resources available should be utilized to eradicate poverty, unemployment and disease and should not be concentrated in the hands of a small group of people to enrich themselves at the expense of the rest because such a situation would be a prime source of conflict. He remarked that the state should use its most influential tool, the budget, to correct certain inequalities and injustices that often lead to poverty, noting that women and children were the ones who suffered most when conflicts broke out.

In conclusion, Mr Tau paid tribute to the former President of Tanzania, Dr Julius Nyerere, who had succeeded in uniting over 100 ethnic groups to form one nation, and he stressed that African nations had to look at the structure of the state and to undertake measures aimed at nation building, a lesson which they could learn from the Tanzanian experience.

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Workshop H - 4 October 2009

WORKSHOP H: THE COMMONWEALTH AND YOUTH –

HOW TO ENGAGE FUTURE GENERATIONS IN REPRESENTATIVE DEMOCRACY

Moderator:

Ms Moana Mckay, MP, New Zealand

Discussion Leaders:

Hon. Lazaro Nyalandu, MP, Tanzania;

Hon. Sada Soli, MP, Nigeria;

Mr Rajkumar Bidla, Programme Officer, Commonwealth Youth Programme;

The workshop agreed that demonstration of responsible and accountable leadership is vital if young people are to be allowed to have faith in the system. In discussing the best means of engaging young people in representative democracy, Members called on the political leadership to see youth as partners rather than as competitors for power. In particular, education is a key component of ensuring greater awareness of the possibilities of politics for creating solutions to the problems facing young people, especially at the secondary level. To achieve this, the school curriculum should be expanded to suit local conditions which vary considerably among different jurisdictions.

The process of engaging young people should be transparent. It should be available to all young people. Engagement with the young must be genuine and involve changes to the internal structures of political parties.

Young people must see representative democracy not as a means of getting a job but as means of serving.

A need was seen for structures within the Commonwealth and the CPA to engage with youth comparable to the structures for improving participation of women in politics.

Hon. Sada Soli MP, (Nigeria) emphasized that one billion of Commonwealth citizens were under 25 years old. Opinion in the Commonwealth was firm that the young would go on to forge the shape of the world in the years to come. There was, however, especially in Africa, a division between the government and the people, where elections were often conducted in oppressive circumstances. Criticism of governance in Africa and emerging countries was that there was insufficient democratic tradition and culture and the Commonwealth had to act to support the development of such

traditions by democratic means. It was vital that young people were made to understand the nexus between good governance and the rule of law as this was necessary to guarantee a secure and prosperous future. Some global issues needed global decisive actions, such as AIDS and infant mortality. Drug trafficking and climate change had serious implications for the youth and a sustainable democratic future. Youth participation in democracy should be proceeded with in a coordinated way.

Mr Rajkumar Bidla, Programme Officer, Commonwealth Youth Programme, described the Commonwealth@60 serving a new generation. He noted that a fifth of the world’s population was between 15 and 24 and described how the Commonwealth organized elections of young people to inculcate democratic culture. Mr Bidla stressed that youth engagement was about social change, whereby involvement in

governance issues meant that young people could contribute.

Ms Carmel Sepulani, MP, (New Zealand) gave a presentation about the challenges of being a relatively young MP. This was her first year as a MP; she was 32 years old. Two issues were worth discussing: youth voting; encouraging greater participation; and representation of young MPs at high levels.

She described the political system in New Zealand, where a mixed proportional system produced both electorate and list MPs. There were two votes – one for the area MP and one for a party. The list system had resulted in her election. The list had produced a lot of young and women and ethnic minority MPs, making Parliament more representative.

Describing the party system in

New Zealand, Ms Sepulani informed delegates that her party had sectoral divisions to give particular groups a voice, youth being one of these sectors, and being a young woman of Pacific descent had helped get her into Parliament.

Youth representation involved welcoming Members from the age of 15. There was a challenge involving education given that many young people did not understand the system properly. A challenge she personally faced was that young Pacific persons had a problem, because of traditional views of status. In view of this, there was a need for dialogue about this topic to get better youth representation across the Pacific.

Ms Sepulani stated that young people better engaged with young

MPs because they were within reach of their age bracket, highlighting politics as a viable career option.

Across the Commonwealth over 50 per cent of people were under 24 years old. Pacific people were growing in number – many were born in New Zealand – and she expected Pacific people would soon constitute 10 per cent of the New Zealand population. Ms Sepulani concluded that an advantage of having younger MPs strengthened the need for a young voice in legislation.

Hon. Lazaro Nyalandu, MP, (Tanzania) said that as a young MP, the Commonwealth had to take charge of the fact that most young people sought power, and opting for a career in politics would certainly fulfil this. The lifespan in most parts of Africa was limited so

Above: Engaging young people in politics is an issue in all Commonwealth countries.

by 35 years old there was little time left. It was common ground that youth were optimistic with much ambition as they were ready to take risks.

Mr Nyalandu expressed that young people were increasingly vulnerable to being used by forces of leadership. Citing Somalia as an example, he said the country was not only a failed state but had also failed its youth.

When Idi Amin took part of Tanzania it had to fight a war and young people had to be mobilized to fight. The entire youth fulfilled its duty. The failure was that young people could easily be made to

fight in battles which they did not understand.

Mr Nyalandu argued that the starting point was education, which needed proper funding and infrastructure. The challenge for rich countries was to invest heavily in young people’s education. Once young people had a purpose they had a reason to exist. They wanted a role to play and they wanted to be recognized.

Mr Yasir Naqvi, MPP, (Ontario) emphasized accountability. Young MPs needed to be accountable to young people. This involved listening so that they could speak about issues with authority.

Mr Harbans Kapoor, Speaker, Uttarkhand( India) said that it was necessary to live up to the founding principles of democracy. Democracy was not new in India. Over 50 per cent of the population was young and a valuable resource.

Ministers in India cooperated to make young people informed citizens, with annual debates promoted throughout India. A national youth policy had been created to help young people to contribute to the national interest, and events like the National Youth Festival allowed young people to meet. However, he argued that more could be done, with the most effective way being to strengthen civic learning in schools and participation.

Mr Kennedy Roberts, MP, (Grenada) said most of the MPs in his country were under 40 following a revolution, which had discouraged the process of involving young people. A lot of older people did not want to listen to younger politicians, resulting in many young people being reluctant to get involved in politics. Recent action had been to set up a schools programme but many people still did not even register to vote.

Hon. Legacy Sankoh, MP, (Sierra Leone) said that the culture in Sierra Leone was young people had no place in authority, meaning large parties would not support

young people as candidates. He had set up a young persons’ party and was getting young people aware of politics. His party had 10 seats.

Mr Sankoh argued that work should be done to involve youth in all Commonwealth countries and he was unaware of any organizations for the youth of the Commonwealth.

Mr Alban Bagbin, (Ghana) asked whether youth was about age of a state of mind. There was a difficult defining point about youth

“The workshop agreed that demonstration of responsible and accountable leadership is vital if young people are to be allowed to have faith in the system.”

and young people, which were terms that were not the same.

A Ministry for Youth had been established but what had it achieved? Mr Bagbin said he had been too young to hold power when his party won an election but now he was 52 years old! Culture prevented young people from being given power. It was important to recognize that qualities for leadership involved more than age alone. No vision was possible for old leaders who must give way to youth.

Hon. Ike Chumwiso, Speaker of the House of Representatives, (Nigeria), noted that there were younger leaders, but that in some jurisdictions this was not possible. He noted the large number of young people in the Commonwealth and the bad governance in Africa. How was it

possible to move forward with the CPA in making the best use of resources? He asked what young speakers would recommend to other young people.

Mr Jeff Cuthbert, AM, (Wales) said that as an older Member he recognized some advantages with age because of experience, but it was right that Parliament should be as representative of society as much as possible. In Wales about 50 per cent of Members were women and many were under 30. He admired the points made by the speakers, especially that young people – though energetic and ready to take risks – at the same time noted that they were vulnerable to being easily led.

The policy in Wales was to invite school children to the assembly. A system of School Councils enabled children to take part in decisions affecting their school, but there was a big problem with the media because no there was no encouragement to take politics seriously. Almost all arguments were counteracted by the media.

Mr Georgios Tasou, (Cyprus) said that policy should recognize the reality of globalization. Youth

engagement in representative democracy had gained ground and interchange encouraged this. He stressed that education always had the most vital role to play as this helped to promote human rights.

Mr Thandi Moraka, MP, (South Africa) praised the work in South Africa in getting more young people into Parliament. This was important as countries that did not invest in their youth were doomed. He asked what policies there were in the Commonwealth to promote this.

Mr Abdul Rahman, MP, (Malaysia) said that usually talk was of empowering the young by bringing them into the political sphere. However, he argued that perhaps other areas of participation should be looked at –such as being effective NGO leaders, religious leaders or running NGOs. He had seen many young people who were passionate about the environment and they could change the world but from outside politics. He suggested that the CPA enter unfamiliar territory outside politics.

Hon. M Kubayi, MP, National Assembly, (South Africa) said that

young people should be involved in discussions on how to mobilize youth. He said that more young MPs would show the determination of those in power to engage with young people and while the CPA had concentrated on networking, it was still insufficient.

Hon. Gervais Henrie, MP, (Seychelles) thought that the government had not changed in his country since independence. He questioned the real commitment to youth engagement on the part of those in power. He noted the habit of young people who were sent abroad to be educated at public expense to return and support the government party.

Hon. David Ramsay, MPP, (North West Territories, Canada) said that he had worked to encourage young people to participate in politics. He thought that young people would be more likely to listen to young politicians. His degree was in politics but it did not tell him about what being a politician was like; he thought that young leaders should talk to students and tell them what it was

turn to incentives. He asked what was being done to create these incentives?

Ms Penelope Beckles, MP, (Trinidad & Tobago) thought that there should be youth participation in CPA conferences. Participation in activities was useful – such as Youth Parliaments which were held in her country. Parties should find a method of selecting young candidates for election.

Mr Ross Bohlin, (Northern Territory, Australia) said that in Australia there were many activities aimed at involving youth on a federal and national level. The young were encouraged to create policy and education should be used to empower young people.

being young was a state of mind. ‘Young people’ was used as a term rather than ‘youth’ because it involved a wider range of people. He was keen to work with the CPA, involving the Commonwealth Youth Forum as often as possible alongside meetings. He noted that young people were not all at school so a wider form of initiatives was needed.

like to be a politician. It was possible to overcome the low esteem of politicians by explaining what politics meant. Young people were encouraged to work in the Parliaments as pages or on other programmes. He encouraged the CPA to involve young people as pages in conferences.

Mr Vikram Verma, MP, (India) noted that the Indian constitution set the age of voting at 18 years and for contesting local assemblies to 21 years old. It was necessary to give young people a chance to get elected.

Mr Musi Latuli, (Gauteng, South Africa) said that he was a young researcher in the Parliament rather than an MP. He thought that the issue was not the age of people but the choice of matters to debate. He thought that the moral tone of some speakers was doubtful – he was concerned that engagement was linked to expectation which was linked in

Hon. Amina Abdalla, MP, (Kenya) thought that mechanisms should be examined to involve youth more. The Commonwealth should look to the future to reform Parliament which was designed for older people. How prepared were young MPs for being unemployed if they lost their seats and what were the policies for assisting young MPs with children? She stated that the Commonwealth should concentrate on the means of allowing young MPs to survive.

Hon. Mutale Nalumango, (Zambia) said that the presentation by the Commonwealth was correct in identifying the barriers to engagement of young people. The young were not fully incorporated into power structures and there was a power struggle between the old and the young. Young people must be ready to take power and be proactive and stressed the importance of having a youth forum presence so that the CPA could hear from them. He spoke about a Ministry for Youth and a Youth Council in Zambia, but it was not enough.

Responding to the debate Mr Bidla noted that the Commonwealth Youth Forum was implementing a range of programmes and that most countries in Commonwealth had a Youth Ministry. He agreed that

Mr Soli said youth in a representative democracy could be engaged through a demonstration of responsible and accountable leadership. Political leadership should see youth as partners. He suggested that the school curriculum be expanded to suit local conditions and bring out transparently the process of engagement. Young people must see representative democracy not as a means of getting a job but as a means of serving. He concluded that there was a need for a structure for youth comparable to the structure for women.

Ms Sepulani noted the difficulty of defining youth. She advised that the main objective should be to serve rather than to get a job as a politician. Incentives for getting into politics raised concerns; benefits need to be laid out but the rewards from serving and social purpose were important rather than identifying tangible incentives. Education was vital but she was uncertain about what the CPA did because she was new. She agreed it would be a good idea to have a forum for young MPs but expressed that the vast majority of young people would never be exposed to the various initiatives spoken of.

Mr Nyalandu said that the index of happiness among countries was serious; it was a bomb waiting to explode.

A lot of work was necessary to involve young people whereby investing in education across the board was vital. He concluded that unhappy people took no interest in politics which ultimately led to people emigrating.

Left to right: Mr Rajkumar Bidla, Hon. Sada Soli, MP, Ms Moana McKay, MP, Ms Carmel Sepulani, MPand Hon. Lazaro Nyalandu, MP.

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Commonwealth Women Parliamentarians - 4 October 2009

THE IMPACT OF THE GLOBAL FINANCIAL CRISIS ON WOMEN

Moderator:

Ms Kashmala Tariq, MNA Chairperson, Commonwealth Women Parliamentarians

Discussion Leaders:

Hon. Anna Abdallah, MP, Tanzania, President, Commonwealth Women Parliamentarians

Ms Hilary Armstrong, MP, United Kingdom

Dr Caroline Pontefract Director, Social Transformation Services Division

Commonwealth Secretariat

Participants in the CWP session noted that, due to the financial crisis, women are facing: reductions in export potential; decreases in social, education and health services; limited access to microcredit; increased debt load; reduced income; increased infant, maternal and child mortality rates and diminished household welfare. Women must therefore have access to microfinance under minimal interest rates. The CWP will approach the World Bank and Commonwealth nations to propose increased regulations of microcredit institutions.

While the financial crisis affects all nations, women delegates argued that the developing world is most at risk. In order to address the financial crisis and its effects on women, they recommended that the CWP promote gender-based budgeting to ensure that fiscal stimulus packages benefit women at the grassroots level. At the request of the CWP, the Commonwealth Secretariat will

distribute guidelines on genderresponsive budgeting to member governments to ensure sustainability for all women. There is a need for capacity-building on gender-based budgeting in the regions, so delegates called on the CWP to work with its partners to enhance programmes and information-sharing in support of gender-based budgeting.

Hon. Anna Abdallah, MP (Tanzania), President of Commonwealth Women Parliamentarians, in initiating discussions, shared the painful effect of the global financial crisis on women in Africa. The current global financial crisis exerts additional pressure on countries dealing with the HIV pandemic, poverty, high infant and maternal mortality rates, food shortages and oil price increases. Women and girls in developing countries are highly vulnerable to the effects of the crisis. Sub-Saharan Africa suffers from a steeper reduction in external demand for its

commodities, dwindling foreign exchange earnings and remittances, declining corporate profitability, incomes and aid flows. African women dominate exportoriented produce and a reduction on exports will reduce the income of women and the nation. Reduced national income will lead to a reduction of social services. It was noted that women are the majority clients of microfinance institutions.

A fall in income would lead to longterm negative implications for the welfare of poor households, a decrease in social services and an increase in infant and child deaths.

Ms Hilary Armstrong, MP (United Kingdom), expressed that the global financial crisis demonstrated the interdependence of nations and that the global debate did not acknowledge the people who were most affected at the local level by the recession. She added that the drop in exchange rates had had a negative impact on aid received by the developing world, and women

Above: The President of the CWP, Hon. Anna Abdallah, MP, (seated, second right), the Chairperson, Ms Kashmala Tariq, MNA (seated, far right), the Deputy Chairperson, Ms Angela D’Amore, MP (seated, second left) alongside Members of the CWP Steering Committee and the CPA Secretary-General, Dr William F. Shija (seated, far left).

Parliamentarians had to promote gender-responsive budgeting and take into account the effects on women to ensure that fiscal stimulus was benefiting women.

Dr Caroline Pontefract, Director, Social Transformation Services Division, Commonwealth Secretariat explained that the global financial crisis was gendered and that the recovery process had to be based on gender-based budgeting. A

gender perspective was required to ensure a gender equitable and sustainable recovery, while sharing of best practices among member nations and broad-based engagement with stakeholders was essential to the recovery process. Engendering economic stimulus packages involves participatory processes that engage women in the development of gender sensitive policies and measures.

The role of Parliamentarians was to influence the process to include GRB. Dr Pontefract maintained that the Commonwealth Secretariat was working to integrate genderresponsive budgeting into existing national planning mechanisms for budget allocations and also aimed to institutionalize capacity for GRB analysis and involve Parliaments in the GRM processes to strengthen implementation. The Secretariat

would also conduct gender audits of Finance Ministries to monitor gender responsive spending decisions and outcomes. Lastly, she concluded that the Secretariat was developing guidelines for reporting on gender equality in all existing planning mechanisms which would be shared with all

CWP regions. Following the presentations by discussion leaders, the floor was open to discussions.

Hon. Haddy Nyang Jayne, MP, (Gambia) stressed the importance of empowering women’s bureaus and National Women’s Congresses which would trickle

Miss Kate Hoey, MP.

down to the grassroots level. Ms Jayne reiterated the importance of women’s access to microfinance with minimal interest rates.

Hon. Halina Mamuya, (Tanzania) concurred that governments had to focus on microfinance and noted that many women were struggling with debt repayment.

Hon. Elizabeth Renner, MP, (Gambia) stated that women’s credit union and banks encouraged entrepreneurship and allowed women to access saving accounts without large sums of capital. Speaker Renner also acknowledged the problem of maternal mortality stating that women often did not have the finances to access maternal care. CWP Members applauded the Gambia for introducing free maternal care for its citizens.

Hon. Sue Kagley Green, (New Zealand) spoke about the food crisis and its impact on women. Ms. Green stated that genetically modified seeds were not the answer to the food crisis and would worsen the reality for many women involved in traditional agriculture.

Hon. Dancia Penn, MHA, Deputy Premier, (British Virgin Islands) acknowledged the perspective of health as an economic issues, whereby research and treatment for diseases such as HIV, cancer, cardiovascular disease carried huge socio-economic burdens for states.

Hon. Jenista Mhagama, MP, (Tanzania) called for women to raise their voices and advocated for improved health services, agriculture support and infrastructure development.

Hon. Alex Boyd-Knights, (Dominica) acknowledged that many women were among the richest persons in the world and suggested that the CWP approach these women to request aid for their impoverished sisters.

Ms Gifty Euginia Kusi, (Ghana) encouraged CWP Members to share information on genderresponsive budgeting, while Ms

Charlotte L’Ecuyer, MNA, (Quebec, Canada) stated that women Parliamentarians had to be involved in the budget process either as committee members or as Ministers.

Hon. Lifanka Emiliar, Deputy Speaker, (Cameroon) called for workshops and seminars on household financial management for women, given that many women who accessed microcredit diverted the funds to

family use rather than the intended entrepreneurial purpose.

Hon. Ntuto Motsamai, (Lesotho) stated that stimulus packages alone were not sustainable, and that parliamentarians had to also look at policy.

Hon. Mildred Oliphant, (South Africa) stressed that informationsharing was key and that the CWP regions had to prioritize genderresponsive budgeting.

Hon. Rosemary Sseninde, MP, (Uganda) agreed that it was very important that CWP Members were involved in GRB as legislators in the budget process. Ms Sseninde spoke about the success of Uganda and South Africa with regards to genderresponsive budgeting.

The Chairperson of the CWP, Ms Kashamala Tariq, requested that all CWP regions shared their experiences with respect to

gender-responsive budgeting on the CWP website. Ms Tariq commented on the exorbitant interest rates charged to clients by microcredit institutions on loans that were originally sourced from the World Bank at very low rates. It was agreed, that the CWP write a letter to the President of the World Bank and to Ministers of Finance to regulate interest rates charged by microfinance institutions.

Hon. Kathleen Casey,

Speaker, (Prince Edward Island, Canada) spoke on the importance of the CWP programmes and pledged her support as a Member of the CPA’s Executive Committee.

Ms Tariq reported that it was unanimously agreed by the CWP to request an increase to the programme budget from 15 to 30 per cent. Ms Tariq spoke on the importance of engaging men in discussions on the impact of the

Above: Members of the CWP Steering Committee and the Secretary-General during their session.

global financial crisis on women and argued that they too had to advocate for gender-responsive budgeting.

Dr Pontefract agreed to circulate information on GRB and provide updates on the work of the Commonwealth Secretariat to the

CWP Regions at the request of the CWP Chairperson.

Ms Habiba Gitay from the World Bank expressed that the organization was very committed to women and children and suggested writing to finance ministers in addition to the President of the World Bank to ensure that microfinance institutions were properly regulated.

Hon. Neo Moerane, (South Africa) stated that Women’s Ministries had an important role in addressing the financial crisis, while Ms Tariq described a housing programme in Pakistan where subsidized housing was put in the name of the woman and not the man.

Hon. Carmel Sepuloni, (New Zealand) expressed that debates on raising the minimum wage and improving maternal health had fallen by the wayside in New Zealand due to the focus on the global financial crisis.

Ms Abdallah stated that Africa’s food crisis would worsen given the impacts of drought and climate change. She stated that GRB capacity building had to begin immediately following elections so that new members would be aware and thus, advocate for GRB.

Hon. Hilary Armstrong, MP, (United Kingdom) called for the developed world to support and stimulate the developing world during the financial crisis.

Dr Pontefract reiterated that economic stimulus was only a short term solution and that GRB capacity had to be developed in all countries. She stated that upcoming Commonwealth Women’s Affairs Ministers Meetings (WHAMM) would focus on the global crisis and response.

Dr Pontefract committed to sending GRB guidelines and factsheet to the CWP Regions.

The session concluded with Members in agreement upon the importance of education and capacity-building regarding gender-responsive budgeting.

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Plenary session - 5 October 2009

CAN TRADE LIBERALIZATION

BENEFIT THE COMMONWEALTH IN THE CURRENT ECONOMIC CLIMATE?

The move toward a global free market for goods, services and expertise should be strengthened with safeguards to ensure equitable terms of trade and prevent abuses but should not be sacrificed by a return to protectionism in government responses to the global financial crisis, said Members speaking at the final plenary session.

Arguing that reverting to a new age of protectionism and subsidies will not help domestic economies to recover, participants called for the expansion of the global free market led by Commonwealth governments and Parliamentarians. But world trade must take place in an environment in which all benefit. Appropriate safeguards must prevent abuses of free trade which Members said are continuing and are appearing in new forms in government responses to the financial crisis.

Bank bail-outs, agricultural subsidies, the dumping of cheap goods and the exploitation of cheap labour in developing

countries should end as should other tariff and non-tariff barriers to free trade. All people should benefit from the reduced prices and the provision of better goods and services which will come from an expanded global free market.

Several Members acknowledged that subsidies and other forms of government intervention in free market economies will continue to be required to raise developing economies to a point where they can compete internationally on an equitable basis, or to deal with periodic fluctuations which are part of all free market economies. These interventions should be recognized as legitimate but interim measures as genuinely free and equitable trade is the best route out of poverty.

Levelling the playing

field

The case for free trade with some temporary support for developing economies was first made by the opening speaker, Hon. Delroy Chuck, Speaker of Jamaica’s

House of Representatives, who acknowledged that the argument for the free movement of goods and services is insurmountable. Free trade gives consumers the best goods and prices, reduces corruption and bureaucratic interference and builds strong local industries which can support their local economies by developing export markets.

However he argued that a world with continuing subsidies and unfair competition between developed and developing economies is one in which small and developing economies will continue to lose out. Subsidies for producers in developed countries are especially hard on producers in small countries which are already handicapped by the small scale of their domestic markets. Some forms of protectionism are absolutely necessary in the short term to enable developing economies to compete, said Mr Chuck.

But protectionism breeds inefficiencies, corruption and

unsustainable practices. Licences, quotas and high duties breed excess bureaucracy and corruption. All of these lead to consumers paying artificially high prices, said the Jamaican. State intervention is usually unfair, biased and expensive, so it must be limited to short-term assistance.

Mr Chuck called on governments to continue to aim for total liberalization and to press their private sectors to become more competitive so domestic consumers benefit from better local goods and so local producers become exporters. In the Caribbean free market area, businessmen are being encouraged to think beyond their domestic market so their export capacity helps the entire country to develop. He added that competition does not have to mean cheap goods – Jamaican bottled water is more expensive than petrol.

Mr Chuck said free and equitable trade will produce the free movement of goods, services

and people and to the development of equal economies which no longer need protection.

The cost of protectionism

The use of high tariffs and other forms of protectionism lasted for 44 years in India during which time the country developed a solid democracy but its economy grew only slowly. This period ended in 1991 when a balance of payments crisis forced the country to pledge its gold reserves to cover debts and caused it to recognize the need to change to significant liberalization, Shri Jay Panda, MP, told delegates. The Indian Parliamentarian said his country is now a mix of developed and developing economies and an international advocate of free trade.

Shri Panda noted there is broad agreement that free trade is the most effective engine for development. The 1997 Commonwealth Heads of Government Meeting supported free trade but with mechanisms to

protect small developing economies. Commonwealth nations now account for 30 per cent of global trade and they include economies at all stages of development.

Protectionism cost India nearly five decades of development until it removed all its restrictions, including internal barriers. It continues to develop now despite the current global economic downturn which he warned is a cycle which will return. Such shocks can be good at times, providing a “wake-up call” to stagnating economies, he said.

The current recession, which he said started in 2007 in the United States and was caused by mismanagement by some financial institutions, has revealed a new phenomenon in which the developed economies are not the only engines of global economic growth. China and India have joined the developed economies and are doing spectacularly well, despite some slowdown in

performance. He said India’s economic growth rate has recently doubled from the levels of three to 3.5 per cent that it experienced before it liberalized. Other economic indicators are also positive as the country reduces the number of people living in poverty by one percentage point a year.

But he agreed with others who advocated some form of continuing protectionism. With 700 million farmers, most of them economically vulnerable, India pleas for free trade while continuing appropriate safeguards to protect its developing sectors and to keep its democracy stable.

Small island perspectives

The British Virgin Islands (B.V.I.) is experiencing an economic downturn which is being felt by its 30,000 residents, said Dr the Hon. Orlando Smith, MHA, the Caribbean territory’s Opposition Leader. Protectionism is not an option for the British overseas territory as he said it has few

producers to protect, having turned itself from a subsistence agricultural economy 40 years ago into a successful international tourism and financial services market.

Its response to the downturn is to curb public spending, implement special construction projects, promote tourism and ensure its financial services maintain high standards.

Mr Smith acknowledged that the loss of primary production quotas had hurt some West Indian economies and some islands were still struggling to cope. The International Monetary Fund insists that countries should integrate themselves into the global economy, especially building trade relations between developing economies. He said the current crisis is costing jobs, investments and markets, but a return to import tariffs will only be more costly in the long term. He advocated reforms to the world’s financial markets and what he described as a real decline

Delegates seated in the Simba Hall at the Arusha International Conference Centre.

in tariffs, especially on commodities, and a greater global emphasis on poverty reduction. All economies have to be as competitive as they can and should not be afraid of change.

Commonwealth role in access to training

Focusing on the Commonwealth’s role in the global economy, Hon. Monjowa Lifaka Emilia, MP, Deputy Speaker of Cameroon’s National Assembly, called on governments to use the Commonwealth to promote trade liberalization for all nations, giving developing countries full access to developed country markets. Such activities as technical support, trade research and training for developing countries and the promotion of Commonwealth trade through trade fairs and missions would be an effective way for the organization to contribute to the reversal of the current recession, she said.

Ms Monjowa was among the speakers who advocated free trade while acknowledging that it can initially harm developing economies, as the rising levels of world poverty indicate.

She supported the creation of free trade corridors between developing economies, as she said Cameroon was establishing with its trading partners.

Free trade will enhance development, improve product safely and consumer choice and reduce prices with the elimination of barriers, subsidies and regulations. The free exchange of goods and services brings experts into countries, leading to better education, information and training which enable domestic companies to compete internationally without having to rely on subsidies.

But free trade must be accompanied by measures to ensure free trade benefits all. The Commonwealth can be a global force for free trade which is equitable and beneficial for all, she concluded.

Free, not unregulated

While agreeing that trade liberalization opens markets to new goods, liberalization does not mean unregulated trade, said Lord Dholakia, OBE, DL, of the United Kingdom. Regulations are still needed to ensure equality and fair practices. It must create a level playing field so economies at different levels of development can compete.

For the consumer, Lord Dholakia said free trade brings real prices based on supply and demand rather than artificial prices based on protectionist policies. Barriers may protect one sector, but they hurt others, he said. Barriers, product dumping and other restrictive practices hurt all economies.

He praised Commonwealth work in helping women to benefit from free trade as he said women are more vulnerable to poverty.

The world should view the poor as future markets, not as a source of cheap labour, he said.

A second speaker from the British Parliament, Mr Nigel Evans, MP, also spoke out against the poor being exploited as a source of cheap labour. The Commonwealth and all developed nations should advocate fair practices in labour as well as in the trade in goods.

He supported the expansion of “fair trade” products which are now found widely in United Kingdom supermarkets and urged all developed nations to promote this initiative, sending a message that they will support companies which are fair to producers.

Mr Evans argued that trade is a more effective than aid as a tool to promote development. He called for an end to the dumping of goods by developed countries into developing countries because, even if it is meant as charitable aid, it hurts their economies and hampers development.

Trade which is completely free is not always possible, he added. The U.K. is a member of both the Commonwealth and the European Union, yet the EU is just as protectionist a grouping as the United States.

Commonwealth consensus

A Member of the National Assembly for Wales, Mr Jeff Cuthbert, AM, favoured free trade but recognized that all countries will continue some form of protection for some time. The current financial crisis is increasing pressure on governments in developed countries to expand protective measures especially for manufacturing, he added, noting it will take some time for that pressure to ease.

But Mr Cuthbert said a key aspect of free trade is the free

movement of knowledge which is not vulnerable to financial constraints and in the long run will stimulate development more effectively than financial aid. Even here, however, there are problems as the free movement of knowledge partly involves the free movement of people. Freedom for labour to move around the European Union causes problems, so it would be even more problematic to accomplish this globally.

The Commonwealth has the size and the collective will to lead the global movement toward free trade. With 40 per cent of World Trade Organization membership and up to a quarter of world trade, the Commonwealth should be a strong voice for free and equitable trade, he said.

South African MP Mr Smuts Ngonyama agreed the Commonwealth could unite North

and South through practical measures to co-operate to promote free trade. The CPA decision to set up a task force of MPs interested in promoting climate change policies could be repeated for Members interested in promoting economic development through free trade.

He noted that session speakers were in general agreement that free trade with some necessary state intervention is the best approach. MPs should work together to destigmatize state intervention so it is once again seen as a requirement in effective development policy.

Far from free Members from Kenya and Nigeria pressed the argument that free trade will only be sustainable if it benefits developing as much as it does developed countries. Hon. Peter

Baiya, MP, and Hon. Charles Onyancha, MP, of Kenya argued that the developed countries which espouse free trade also continue to protect sectors in their own economies. If developed countries remain as the only beneficiaries, free trade will be unsustainable.

Mr Baiya said subsidies, particularly on agricultural produce, distort competition and therefore unfairly benefit developed countries. Bank bailouts by governments in developed countries are also subsidies which interfere with free market economies.

Developing countries receive unfairly low prices for primary

products, he said. They need a level playing field so their produce can compete fairly in the international market.

Mr Nacha agreed that raw material exports from developing countries are discriminated against in developed markets. The Commonwealth should lead the way in reversing this situation.

He told the conference that one way developing countries can help themselves is to form free trade areas among themselves as East African nations had just done. Mr Nacha said that the five East African states had signed only a few days before an agreement establishing an East African free trade area. He added, however, that this had taken a long time to negotiate following the break-up of the East African Community in 1977.

Hon. Sada Soli Jibia, MNA, of Nigeria also favoured trade cooperation or partnerships to achieve better trading relations.

Buying cheap raw materials from developing countries and selling them back high-priced manufactured goods is unfair trade, he said. A trading system that favours developed nations is not free trade.

Better for all

Dr Prof. Ramsundar Ram Kanaiyia, MLA, of the Indian state of Bihar agreed with others that a new approach to global trade is needed based on social ownership and planning.

All people in all Commonwealth countries need better opportunities to live better, he said.

In concluding the session, CPA President Hon. Samuel Sitta, MP, Speaker of the Tanzanian Parliament, said there had been general agreement that global trade should be free and fair so all benefit from win-win arrangements. Parliaments and Parliamentarians as opinion leaders must make their voices heard to influence the global market to move in that direction.

Above: Delegates in attendance at the second plenary session.

55th COMMONWEALTH PARLIAMENTARY CONFERENCE Arusha, Tanzania

Plenary Session - 2 October 2009

OPENING CEREMONY

Hon. Samuel J. Sitta, MP, President of the CPA and Speaker of the National Assembly of Tanzania

When I proposed a vote of thanks at the 54th Conference held in Kuala-Lumpur, Malaysia in August, 2008 I expressed the desire to welcome you to our tourist town of Arusha in September, 2009.

Distinguished delegates, today the Tanzania CPA Branch and I feel overjoyed at the fulfilment of that wish. We say “jambo” and “karibu sana” to Arusha, Tanzania.

Although our CPA Branch has been active in the activities of the Association over the years, this is the first time our Parliament is honoured to welcome such a distinguished gathering of Parliamentarians from across the Commonwealth consisting of 53 Branches and with a record attendance of 850 participants. It therefore gives me great pleasure, on behalf the National Assembly of Tanzania to warmly welcome you

all to Tanzania, and particularly to this beautiful tourist town of Arusha, and once again karibuni sana

Distinguished delegates, ladies and gentlemen, the former Secretary-General of the Commonwealth, Rt Hon. Don McKinnon, once remarked that “I always set my calendar by the Commonwealth Parliamentary Conference”.

Fellow delegates will all agree with me that the annual gatherings of Commonwealth Parliamentarians through the CPA Conference are regular events that all of us always look forward to.

Last year the conference was held in Malaysia and next year Kenya – our next door neighbour will be our host. Although the setting and venue

of the conference, the composition of the delegations and themes of the conference constantly change, the spirit of the conference has remained the same: That is to say, the conference is conducted in a family spirit and atmosphere constituting the essence of our esteemed Association, the CPA family.

As at previous conferences, this 55th conference offers yet another useful platform for us Parliamentarians to exchange views, share ideas and engage in dialogue on a wide range of issues that affect the daily lives of the diverse people we represent.

The 55th CPA Conference is taking place when the world is facing enormous challenges. Just last year, the world was hit by

probably the worst economic downturn in this century which has negatively affected all countries –big and small, rich and poor, industrialized and nonindustrialized. On climate change, we all bear witness to the debilitating effects of unusual weather phenomena that have ravaged many parts of the world.

The food crisis, which reached its peak last year, is still rearing its ugly head in some countries especially among the developing ones.

These and other challenges such as insecurity, migration of peoples and abject poverty pose a serious threat, not only to development but to the very survival of mankind.

It is commonly accepted that, Parliament is the institution that is better positioned, in collaboration with other organs of the state, to

tackle human development challenges in an inclusive, efficient and sustainable manner. As we exchange ideas and share experiences, we gather relevant insight that enables us to tackle the challenges confronting people and societies in our individual jurisdictions. Conferences such as this one offer a useful platform for us Parliamentarians to influence policies on a wide range of global and regional issues. You will have noted that, besides the formal conference programme, we have allotted adequate time for all of you – our distinguished delegates to appreciate the diverse cultural heritage of our country and the friendly warmth of our people.

As we showcased in KualaLumpur and as some of you might have experienced since your arrival, our country and particularly the Arusha region is endowed with a rich heritage of natural attractions. It is home to world class spectacular natural attractions –from the snow capped Mount Kilimanjaro – the roof of Africa – to the unrivalled Ngorongoro Crater, the Serengeti National Park and Tarangire National Park. The Spice Islands of Zanzibar on our East Coast complete the everunforgettable Tanzania experience. Seeing is believing! And tomorrow delegates will be able to experience these wonderful natural attractions that our country

is endowed with.

My plea to all delegates is very simple; please wake up early tomorrow morning and leave the rest to us!

With regard to Conference arrangements, we have strived to our utmost to ensure efficient facilitation and smooth conduct of the proceedings of this Conference. In case of specific problems that would be encountered, the secretariat of our Local Branch stands ready, willing and happy to make suitable delegate-friendly adjustments.

At this juncture let me express our profound gratitude to His Excellency President Kikwete and his government for the full support

– material, logistical and financial that was put at our disposal and without which this conference would not have been possible. We sincerely thank the Regional Commissioner of Arusha and his team for their facilitative support to ensure our safety and wellbeing.

The Secretariat of the CPA led by Dr William Shija has once again risen to the occasion by offering splendid support and guidance. It is important to note that today’s opening ceremony of the

Above: Hon. Samuel J. Sitta, MP.

55th CPA Conference coincides with the 140th anniversary of the birth of Mahatma Gandhi – one of the most respected spiritual and political leaders of the 20th Century.

Having successfully championed India’s independence in 1947 using the principles of nonviolence, courage, and truth, Gandhi inspired all of us in the Commonwealth and beyond to fight for freedom and justice. That the Commonwealth is what it is today, is in large measure attributable to the heroic sacrifices of this great son of India.

On the occasion of the 55th Commonwealth Parliamentary Conference, I take great pleasure in sending my warmest wishes to all those Members of the Commonwealth Parliamentary Association who have gathered together in Tanzania.

I note with great interest that representatives of approximately 170 parliaments and legislatures

MESSAGE FROM H.M. QUEEN ELIZABETH II, PATRON OF THE CPA

On the occasion of the 55th Commonwealth Parliamentary Conference, I take great pleasure in sending my warmest wishes to all those Members of the Commonwealth Parliamentary Association who have gathered together in Tanzania.

I note with great interest that representatives of approximately 170 Parliaments and Legislatures will be attending the meeting in Arusha. I also note that the delegates will be focusing their discussion on “Meeting Future Global Challenges”, a theme which is clearly of great importance to people throughout the Commonwealth.

I am most grateful for your kind message and, as your Patron, wish you every success in your deliberations.

His Excellency Jakaya M. Kikwete, President of Tanzania

It is a great honour and a pleasure for me to be afforded the opportunity to speak and officiate at this historic 55th Conference of Commonwealth Parliamentary Association. I call this Conference historic because this is the first time it is being held in Tanzania. I thank the organizers for choosing Tanzania to become the host of the CPA.

On behalf of the people and the Government of the United Republic of Tanzania, and on my own behalf, I would like to extend to all the delegates a very warm welcome to Tanzania and to Arusha in particular. I trust that you have been received well and that you are being taken good care of by your hosts. As I wish you a good stay and

fruitful deliberations, may I advise all of you to spare some time after the meeting to visit scenic tourist sites around Arusha and beyond. Fortunately, the world renowned game parks such as the Serengeti and Ngorongoro Crater as well as Mount Kilimanjaro and the Spice Islands of Zanzibar are not too far away from here. I am sure your visit to any of these, or all of them, will make your brief visit to Tanzania more memorable and entice you to come back for a longer Tanzanian safari experience.

This meeting of Parliamentarians from all over the Commonwealth is a very special occasion because the CPA itself is special. It is an organization united in its vast diversity by a common

will be attending the meeting in Arusha. I also note that the delegates will be focusing their discussion on “Meeting Future Global Challenges”, a theme which is clearly of great importance to people throughout the Commonwealth.

I am most grateful for your kind message and, as your Patron, wish you every success in your deliberations.

To conclude my remarks, let me reiterate my warm welcome to all of you, our distinguished delegates to Arusha and to thank you most sincerely for honouring Tanzania by your being here with us. Asante sana!

In conclusion, it is now my honour and privilege to invite H.E. Jakaya Mrisho Kikwete, President of the United Republic of Tanzania and Vice-Patron of the Commonwealth Parliamentary Association, to address this distinguished gathering and to officially open our conference.

heritage of historic relations with the Commonwealth and shared values of democracy and human rights.

With membership spanning the reach of global geography and the entire breadth of the economic spectrum, the CPA is a unique community. It stretches from the Pacific Islands to the British Isles, from the Caribbean to India, from South East Asia to Canada and from Australia to Africa.

This meeting of Commonwealth Parliamentarians will widen and deepen ties between our countries and raise awareness among our people about the CPA, the Commonwealth, our common challenges and the need to shape a common future. I am delighted that

this meeting will discuss some of the major challenges facing the Commonwealth and humanity as a whole. I am happy that among the Commonwealth Parliamentarians gathered here today I see a sense of urgency on the need to tackle threats to our shared visions and common progress. Indeed, these are threats we must face and overcome: from climate change, to hunger, to disease, to poverty, to terrorism, and to the temptations of indifference among our young people.

This conference takes place in the year 2009, which is a landmark year for our Commonwealth and the entire community of nations. This year, our Commonwealth marks the 60th anniversary. The

choice of the theme for the anniversary - Commonwealth at 60, serving a new generation - is not accidental nor is it without significance. As we mark this

milestone, the relevance of the Commonwealth, now and in the future, is a matter that deserves serious consideration. I hope you will take time to reflect on the

achievements of our organization over this period of time and the challenges ahead.

How can we strengthen the Commonwealth? How do we make it a more effective organization in the face of the current global challenges? More importantly, how can we make the Commonwealth a voice for the young people who constitute the majority of the citizenry in our countries? These are pertinent questions which deserve pertinent answers. I understand that these questions will be among the focus of your discussions at this meeting. I am happy with that.

As one of the leaders in the Commonwealth, I am sure some of these questions will also preoccupy the deliberations at the next CHOGM meeting in Trinidad and Tobago in November. That meeting, therefore, will benefit immensely from your views and inputs as we seek to build a stronger and cohesive organization to serve us and the next generations of our people.

For this important anniversary of our Commonwealth, I can think of no better tribute and no better legacy for marking this occasion than a promise or rather a commitment, that all members of the Commonwealth will strive to ensure that children and young men in our respective countries will have a decent start in life and a fair and equal opportunity for a better future.

This is not demanding or promising too much. Before us, as a Commonwealth, there is an unprecedented possibility of progress toward a community where all nations are peaceful and prosperous. We have now, in our hands, the capacity and power, never given to any other generation at any other time in human history. We can leverage these capabilities and powers to banish poverty, depravation, human and violence from the face of this earth. And, in so doing, we can improve the living conditions of our people.

Above: H.E. Jakaya M. Kikwete addresses the conference.

The year 2009 is also historic for another reason. This is the year when the world was challenged by the financial and economic crisis of the worst magnitude in the history of our nations. The threat to the wellbeing of nations and peoples has never been so formidable. As we move towards the end of the year, we are obliged to reflect on the way we responded to the crisis and the lessons learnt from it. Certainly, all of our countries and peoples are still struggling to overcome the effects of this crisis.

A lot has been said and written about how and why we got here. I don’t intend to repeat the history. But, one thing is clear that, there was failure in the manner in which the global financial system was managed and supervised. There was a huge regulatory deficit to the detriment of the economies of nations and the world economy as a whole. To avoid a recurrence of such situations in future, we must ensure that adequate regulatory measures and systems are put in place to monitor the affairs of the global financial system and take corrective measures in good time. There is also need to strengthen the institutions of global financial and economic governance to make them more transparent, responsive and representative for the sake of building shared and sustainable prosperity.

I am happy that the Commonwealth has taken interest in this matter as indicated by a landmark decision taken at the last CHOGM meeting in Kampala in 2007. At that meeting, a Committee of leaders from the Commonwealth was constituted, headed by Rt. Hon. Gordon Brown, the Prime Minister of the United Kingdom. The Committee – which I had the honour of being a member – was tasked to look at, among other things, how to reform the international financial system and institutions of global financial and economic governance. The Committee came up with pertinent observations and

recommendations which, if embraced and implemented, I believe will lead the way to a stable world financial order. And, for the future, the recommendations can help avert the problems we are experiencing at the moment.

All said and done, the most urgent thing for us now is to deal with the economic slowdown, ensure that we stem the downward spiral, reverse the trend, and restore the global economy and our respective economies on to the path of recovery and the trajectory of growth. In so doing, the world must bear in mind that nations in the developing countries which are not responsible for the crisis have nevertheless suffered from it. Poor as they are, they cannot mount adequate national economic rescue responses. Therefore, they need and actually deserve to be assisted.

The outcome of the G20 Summit in London in April this year boosted our hopes, expectations as well as increased our morale. But, we need to see more delivery on the promises made. Voices from the Commonwealth Parliaments and Parliamentarians urging action on the part of the G20 countries would be highly desirable.

I would like now to talk about another challenge to global prosperity and the wellbeing of our planet. There is no doubt that, at the moment, Mother Earth, the common home of humanity, is in peril. In the hundreds of years of human progress, there has been a serious oversight with regards to taking care of the natural environment that sustains life.

We have now awakened, rather late but not too late, to the disturbing reality that growth and prosperity of our nations are at stake and the livelihoods of our people are in danger of experiencing reversals in their fortunes. The face of the earth and climatic patterns are changing for the bad. In our part of the world, rainfall has become scarce and drought has become more

recurrent. Life-sustaining resources, such as water and green cover, are disappearing.

A few miles away from here, because of severe and prolonged drought, thousands of herds of cattle are facing acute shortage of pasture and water. The livelihoods and proud traditions of pastoral communities are severely

“For a clean and safe planet...we must clean greenhouse gases...and prevent the new emissions from happening. All of these can be done, particularly by the big polluters. They have the technology and financial resources to do so.”

threatened by the emaciation and deaths of many of their livestock.

In our game parks, the beautiful animals we crave to see are also stressed for lack of pasture and water. Natural ecosystems are severely threatened and the entire wildlife-based tourism industry is in great danger.

About 80 kilometres from here, the white snow-cap of Mount Kilimanjaro, the wonder and splendour of permanent snow, close to the Equator, has been melting away at alarming speed over the last fifty years. There are only two glaciers left. Along our Indian Ocean coastline the town of Pangani is in danger of being submerged to the extent that we have been forced to incur huge

expenses to build a wall to check rising sea waters. Unfortunately, the Maziwe Island nearby has not been so lucky. It is completely submerged. The island was a hatchery for the turtles in the Indian Ocean.

Again, because of global warming, the highland areas of Tanzania which used to be malaria free are now facing the disease. The cold climatic conditions which prevented the mosquitoes carrying malaria from surviving have now become warmer. They have become habitable for mosquitoes hence the spread of the disease. This factor makes the fight to eliminate malaria in Tanzania more challenging.

The effects of climate change currently plaguing our dear planet can be stopped and can be reversed. Unfortunately, humanity has not responded accordingly. What is even more saddening is the fact that there is evidence of deliberate neglect and refusal to take action or unwillingness to do enough to save the planet.

For a clean and safe planet for us and our children’s children to live in, we must clean greenhouse gases from the atmosphere, stop and reduce the current levels of carbon dioxide emissions, and prevent the new emissions from happening. All of these can be done, particularly by the big polluters. They have the technology and financial resources to do so. They need to pluck up political will. They can clean the atmosphere as well as reduce and eventually stop their current levels of carbon dioxide emissions. They can also help poor developing nations with technology, skills, and financial resources for adaptation and mitigation. They can also assist these nations pursue a path of greener growth in their development endeavours. Indeed, a path of growth that should be guided by national policies that will help preserve the environment and keep our planet clean and safe.

Again, the year 2009 becomes

that historic year for decisive action on this important matter of climate change. It is the expectation of all of us here that the Climate Change Summit in Copenhagen, Denmark, this December will be the defining moment. It will be the Summit where all nations, rich and poor, and with varying degrees of pollution, will speak with one voice and commit themselves to a common cause of action, and act with unity of purpose to save humanity and the planet we all share and call our common home.

Developed nations will have to take responsibility for their pollution and commit themselves to do more to deliver on the promise of action. It is our fervent hope that at Copenhagen firm commitments will be made of making resources available to assist developing nations with adaptation, mitigation and pursuit of clean development.

As countries fine-tune their positions for the Summit, we hope that the Commonwealth, with its rich diversity in membership, with countries from both developed and developing countries, will use the opportunity of November CHOGM in Trinidad and Tobago to develop common positions and approaches for the Copenhagen Summit. The Commonwealth also can help bridge the gap between positions held by countries of the South and the North and within the South as well as within the North Commonwealth Parliamentarians can play a pivotal role in this endeavour, particularly by encouraging their respective governments to develop and adopt environment friendly policies and positions within their countries and at the global arena.

Despite the odds, I am confident that the outcome of the Copenhagen Summit will serve the interests of our common humanity and common planet. I am confident as well that members of the Commonwealth will make useful contributions towards that outcome. Our community of

nations has in many occasions in the past worked together, spoke with one voice and took bold measures to improve the state of our world. One such occasion was the Millennium Summit in the year 2000, which drew the ambitious and comprehensive Millennium Development Goals (MDG), whose objectives all nations committed to achieve by 2015.

Next year, will mark 10 years of implementation of the solemn Millennium Declaration. It has already become clear that, many developing nations are behind schedule with regards to the attainment of the targets and objectives of the eight Millennium Development Goals. The failure on the part of the developed nations to meet their contributions for the implementations of the MDGs is a major factor in this regards.

I sincerely hope that, at the MDG Summit next year, when we take stock of what has been achieved and what has not, developed nations will recommit themselves to increase contribution and quicker disbursement of earlier commitments to accelerate the implementation of the MDGs to be on track with the 2015 deadline. I pray that the Summit next year will create a new impetus for resource mobilisation to help our countries attain these goals. The Commonwealth Parliamentary Association could use its good offices for advocacy in pursuit of these noble goals.

Parliaments in our countries differ greatly from one to the other. They differ in size and shape, in tenure, in powers and functions, in autonomy and in procedures and traditions. Some sit as infrequently as 10 days per year, others as often as 225 days. Some like Tuvalu has 15 members, while others like India’s has 802 members.

But all of them, despite their shapes and sizes, have a crucial place in addressing the challenges, new and old, to the progress and prosperity of our

nations.

Indeed, all of them, from developed to developing countries, from young to mature democracies, have equal authority in so far as they speak for the people and share the awesome responsibility to live up to the expectations of the electorate. One of those expectations is that Members of Parliament will conduct themselves in Parliament, in their communities and in the world at large, in such a manner as to build rather than erode the fabrics of their nations and the stature of the institution of Parliament. I am happy that this, indeed, has been the case in most of our Parliaments in the Commonwealth.

In conclusion, allow me to applaud the role played by CPA in advancing the bonds of friendship and cooperation among Parliaments in Commonwealth member states.

For many years now, the CPA has afforded our Parliamentarians the opportunity to get together, share experiences and learn from each other. CPA, therefore, has helped promote and entrench democratic values in our nations. And, in a unique way, the CPA has helped to foster a positive attitude among our peoples and leaders toward the Commonwealth as a community. This esteemed

organization has become a formidable vehicle for holding together a diverse group of nations and become a strong voice to reckon with in international arena. Today, the Commonwealth has become a global player of great repute. Other than that, our nations have so much which could pull them apart. Please, receive my hearty congratulations and appreciations on these lofty achievements.

As the Commonwealth turns 60 and as we look to the future with a deep sense of optimism, please maintain the spirit and continue to do the good work.

Before I end my remarks, allow me to express my deepest sympathies to the governments and peoples of Samoa, Tonga, Indonesia and the Philippines for the loss of lives and property resulted from the earthquake and subsequent floods. May Almighty God rest their souls in eternal peace. Amen.

After those many words, Mr President and distinguished delegates, it is now my singular honour and pleasure to declare the 55th Conference of the Commonwealth Parliamentary Association open. I wish you successful deliberations.

Long live the Commonwealth! Long live the CPA! I thank you for your kind attention!

Hon. Samuel J. Sitta (left) greeting H.E. Jakaya M. Kikwete (right) after stepping off the plane in Arusha.

Hon. Kenneth Marende, MP, Vice-President of the CPA and the Speaker of the National Assembly of Kenya

It is my pleasure, privilege and honour to move a vote of thanks on this auspicious occasion of the official opening of the 55th CPA Conference being held here in this beautiful town of Arusha, Tanzania.

Allow me, at the outset to express our great gratitude your excellency, the Hon. President for finding time from your busy

you personally open this conference. Allow me your excellency to say that you have in your delivery this morning met our expectations and lived up to your proven reputation of a role model in focused leadership, conciliator and peace maker in the region and beyond. We in Kenya recall, with gratitude, the role you played after

happiness and appreciation to the Speaker of the Parliament of Tanzania, Hon. Samuel Sitta, MP and the good people of Tanzania for the warm welcome and hospitality. We have had wonderful moments in this beautiful town of Arusha, a town that sits on a lush and green countryside at the foot of Mt. Meru. We have experienced

have warned myself not to repeat what His Excellency and the previous speakers have said and further not to pre-empt the participants’ contributions during the balance of the conference.

Allow me, however, to state that this conference is an important forum from which programmes of policy and legislative priorities for

schedule to grace this event. Your presence underscores the import of our commonality, indeed we have done exceedingly well to have

the violence following the Presidential elections in 2007.

May I, your excellency, with your concurrence, express our

the warmth, radiance and generosity of the people of Tanzania since our arrival.

In moving this vote of thanks, I

Above: Hon. Kenneth Marende, MP, prepares to address delegates.

governments and international agencies are proposed and deliberated upon by delegates from Parliaments and Legislatures covering 52 Commonwealth Nations and their overseas territories. Crucial topics such as democracy, good governance, global peace, the global food crisis, climate change, conflict prevention and resolution have been canvassed in the recent past. We look forward to deliberating on emerging issues in the coming days focusing on the theme “Meeting Future Global challenges” which is clearly of great importance to people throughout the Commonwealth as stressed by Her Majesty, The Queen in her message to this congregation.

Parliaments are constantly in transition. As such, this gathering of great minds and leaders provides an opportunity for Members of Parliament from the Commonwealth to carry out a peer review with a view to determining whether we as members of CPA are in step with advances in parliamentary practices and

procedures, bearing in mind the various concoctions of parliamentary democracy in the Commonwealth.

Your excellency, all our respective countries attach great value to the existence of the Commonwealth in today’s globalized world. Those of us who have been associated with the Association since its inception and subsequently our active participation in the Association’s activities and events, can witness that the Association has played a significant role in democratic development around the world and that the notion, in some places, that CPA is an outdated vestige of an empire or a social club is farfetched. The CPA is and shall remain relevant because it stands for freedom, democracy, human rights, good governance, equality and equity, which are contemporary variables that guarantee prosperity and societal wellbeing; consequently they cannot be left to individual states. We need this solidarity and must be our brother’s (sister’s) keeper.

In its close to 100 years

existence, the CPA has acquitted itself commendably in this regard particularly in the manner it has lend support to member parliamentary states that have been plagued by socio-economic and political difficulties.

Your excellency, ladies and gentlemen, I could not find a more fitting place to echo the words of the illustrious son of Africa, Julius Kabarage Nyerere, the founding father of the United Republic of Tanzania, who in his book, Freedom and Unity (Uhuru na Umoja), asserted:

“There must be equality, because only on that basis will men (women) work cooperatively. There must be freedom, because the individual is not served by society unless it is his (hers). And there must be unity, because only when the society is united can its members live and work in peace, security and well-being.”

These words said by Mwalimu Nyerere in 1966 resonate in our minds, and in my considered view, make as good sense today, as they

did 43 years ago.

As an Association we have challenges that include; poverty, economic and financial crisis, climate change, increased population coupled with diminished resources, political conflicts and youth issues among others.

Being people’s representatives who believe that the will of the people is the basis of the authority to govern, we should use this conference to address and seek solutions to burning issues as enumerated above, and where possible seek ways to uplift the livelihood of the governed.

May I conclude by once again thanking His Excellency and the other speakers for the wise words you have shared with us in this forum and wish the participants fruitful deliberations and interactions at this conference.

Asante Sana, na Mungu Atubariki.

Above: Delegates seated for the opening ceremony in the Arusha International Conference Centre.

29th Small Branches Conference Arusha, Tanzania

1st Session - 30 September 2009

POLICY RESPONSES TO THE GLOBAL FINANCIAL CRISIS IN SMALL ECONOMIES

Chairperson: Sen. the Hon. Carol A.M. Bassett, JP, President of the Senate, Bermuda Discussion Leaders: Connétable Len Norman, Jersey; Dr the Hon. D. Orlando Smith, OBE, MHA, Leader of the Opposition, British Virgin Islands

Delegates attending the first session agreed that the global financial crisis affects all countries present, albeit in very differing ways as the economic bases of the jurisdictions represented are extremely varied.

Members from several small jurisdictions explained how economic stimulus programmes have been put in place to respond to the global financial crisis for matters such as infrastructure improvement, aid to the tourism industry or assistance to banks. Some of these have been possible because funds had been set aside during periods of economic prosperity so money was available in any downturn. The stimulus programmes vary according to the jurisdictions represented, but they are all designed to create employment and stimulate the economy while waiting for a global economic recovery. Delegates nevertheless agreed it is essential that stimulus packages should be carefully targeted, timely and temporary to ensure that they do not create long-term revenue costs

which have to be met on an ongoing basis, nor simply increase dependence on imported labour in countries where relevant expertise is not available to undertake the chosen project.

It was recognized that many small branches are extremely vulnerable to matters outside their control, such as international commodity prices for their exports or the price of imported goods such as fuel. It is therefore important for countries to work together through the downturn and smaller jurisdictions look for support and assistance from larger nations.

Many delegates pointed out that it is important for government and the private sector to work closely together through the downturn. Examples of this included assistance given to the private sector to improve the infrastructure of the tourism industry. It was also recognized that large multi-national companies might use the downturn as an unjustified excuse for increasing prices of goods for sale or reducing

the price of goods purchased for commodities such as milk, thereby impacting greatly on the economies of small states.

Connétable Len Norman, (Jersey) stated that the on-going global financial crisis was a topic that was no doubt at the forefront of the political agenda for all small jurisdictions represented at the conference and that it was likely to remain so for at least 18 months. He set out how the Island of Jersey had responded to the global economic downturn.

Connétable Norman explained that in 2006 Jersey had developed a new fiscal framework. The objectives in setting up the new framework were to contain inflation, to maximise the economic potential of the island, to create an effective economic policy framework that could improve stability in a small island that was in currency union with the United Kingdom and to ensure that fiscal policy overall was more countercyclical. Jersey was focussed on delivering sustainable economic growth and a

prerequisite was therefore that inflation needed to be controlled. Emphasis had to be placed on fiscal policy for two main reasons. First, Jersey was in currency union with sterling and therefore had no control over its own interest rates and, second, the economy was dominated by a strong financial services industry which meant that when that industry was performing strongly the higher taxation receipts delivered could simply feed back into demand in the economy and create inflationary pressures.

An essential part of the revised Jersey fiscal framework had been to establish a new reserve fund known as the Stabilisation Fund with the aim of making fiscal policy more countercyclical and creating

a more stable economic environment in the island with low inflation. Transfers to and from the fund were proposed to the States Assembly by the Minister for Treasury and Resources on the recommendation of a new Fiscal Policy Panel which was comprised of eminent experts from outside the island.

Connétable Norman informed delegates that Jersey’s finance industry had been relatively unaffected by the global downturn with only modest job losses to date. Although profits in 2009 were likely to be down on previous years, the diversity of the industry was expected to limit the overall impact of any downturn in any one sector. Jersey had a long standing commitment to apply the highest

possible standards of financial regulation, co-operation and transparency and this had recently been recognized by the International Monetary Fund (IMF).

Despite the ongoing strength of the Jersey economy, the island was nevertheless not immune from the global economic downturn and £44 million had therefore been released from the Stabilisation Fund to stimulate the local economy on projects which were timely, targeted and temporary. This would ensure that the local economy gained the maximum benefit without any commitment to future additions to revenue expenditure. Projects agreed to date had included business support and training, maintenance and infrastructure repairs and

Above: Delegates in attendance at the first session of the Small Branches Conference.

improvements as well as supporting people most affected by the downturn through the social security system.

Connétable Norman expressed the view that all countries had a duty to ensure that the world emerged from the crisis as a better, more stable and fairer place. Every jurisdiction had a part to play and as part of Jersey’s contribution it was organising a conference in February 2010 aimed at assisting developing countries to meet the G20 objectives. The announcement concerning this conference had been warmly welcomed by the United Kingdom Government and was intended to share Jersey’s experiences of developing a financial centre with standards of regulation that had been recognised by the IMF.

Mr Timothy Crookhall, MHK, (Isle of Man) expressed the view that the economic downturn had affected different countries in different ways. The financial services industry formed a very significant part of the Isle of Man economy but there were also a number of other important sectors including film production, space, shipping registration, manufacturing and tourism. There had been sustained growth in the economy for many years with low unemployment, and per capita income was some 22 per cent higher than in the United Kingdom. Although there was some impact from the global financial crisis this had been built into the Isle of Man Treasury predictions and, if the world economy grew in 2010, the Isle of Man economy was expected to return to previous growth levels.

Delegates agreed that it was important that any government intervention in the economy in response to the global downturn was well targeted. Mr Ross Bohlin, MLA, (Northern Territory) pointed out that it was easy for governments to announce stimulus packages but it was important to ensure that they were genuinely beneficial. Cash

handouts to the public, for example, were popular but had no long term benefit. He mentioned the experience of the Australian government programme to invest in a school construction programme as an economic stimulus but pointed out that this had led to an increase in building costs which had therefore been counter-productive.

The conference noted that very small states could be particularly vulnerable during a global downturn, Hon. Tom Marsters (Cook Islands) explained that the government in the Cook Islands had been encouraged to invest in banks to enable them to be able to make loans to assist the building industry to continue construction projects as this was a good indicator of economic activity. Hon. Abdulla Shahid (Maldives) explained how the economy of his country was dependent on two economic sectors, namely tourism and fisheries. The tourism industry had declined by 30 per cent which was devastating for the Maldives and lower catches and fluctuating prices had led to lower revenues from fisheries as well. The global increase in oil prices had affected government reserves and Mr Shahid expressed the view that the international community did not yet appear ready to assist small states although some progress had been made at CHOGM in Kampala.

Deputy Jenny Tasker (Guernsey) concurred that the global downturn had affected all economies in different ways. The financial services industry was very important for the economy of the island of Guernsey and contributed some 36 per cent to government revenues. Guernsey had signed a large of Tax Information Exchanges Agreements (TIEAs) as it wanted to implement high standards of regulation in the finance industry. Another important industry was tourism which had been affected by the global crisis, although the fall in the value of sterling had brought in more

visitors from continental Europe. Unemployment remained low in Guernsey at some 400 out of a workforce of 34,000 although Deputy Tasker pointed out that low unemployment could lead to wage inflation.

Hon. Richard Cockwell, MLA, (Falklands Islands) explained how a small economy such as the Falklands Islands could be greatly affected by matters the authorities could not control. The islands were very dependent on imported goods and had no control over the prices of these. Similarly the level of revenue from the islands’ wool and fish exports was outside the control of the government. In an attempt to manage public finances in a better way the Falkland Islands had created a Capital Equalization Fund to spread the cost of major capital over a number of years and capital projects selected were designed to reduce expenditure or increase income. The islands had, for example, invested in wind technology which currently produced some 25 per cent of the islands’ electricity needs and it was planned to increase this to 50 per cent to reduce dependence on imported fuel. In addition a new abattoir had been built to EU standards to generate revenue. Mr Cockwell also reminded delegates that many jurisdictions, including his own, had seen a significant drop in income from investments during the current global downturn.

Mr Gline Clarke, MP, (Barbados) explained that the global financial crisis had affected many small economies in the Caribbean and the government in Barbados had responded by protecting and supporting tourism which was a vital industry for the island. The government had encouraged small hotels in an effort to protect jobs and stop inflation rising. The government had also intervened to stop prices rising. Mr Clarke told delegates that Barbados had seen a rise in immigration which he considered inevitable as it would always be the

case that people would seek to move to areas of the world where the economy was strong and he did not think it was appropriate for governments to adopt a closed door policy.

The second discussion leader, Dr the Hon. D. Orlando Smith, OBE, MHA (British Virgin Islands), set out how the British Virgin Islands (BVI) had responded to the current crisis. He told delegates that there were 30,000 inhabitants in the BVI of which some 55-60 per cent were local and that the islands had been affected by a downturn in tourism since 2007. In 2003 the government had put in place measures to grow the economy and two tourism infrastructure projects were now underway. In 2003 one tourism operation had closed in the summer period and the government had put an unemployment scheme in place. The BVI’s other main industry was financial services and the government was taking significant steps to meet the increasing international demands in relation to the regulation of this industry. Twelve TIEAs had been signed and BVI had now been recognized as being one of the best-regulated jurisdictions in the Caribbean. The Islands had experienced some impact from the global downturn but the economy continued to grow and the government had taken steps to curtail public expenditure in the last two years. A system of creating temporary jobs had been introduced and this temporary measure had assisted to create short-term employment.

Hon. Le Mamea Ropati (Samoa) explained that Samoa relied very heavily on tourism but the devastating earthquake that had struck the country the previous night had destroyed some 40 per cent of the tourist infrastructure with some small resorts being totally flattened. The government of Samoa had been trying to take advantage of the economic downturn and encourage visitors

from the Pacific area to visit but the industry was now severely damaged and he hoped that assistance from other nations would be forthcoming to rebuild the economy. All delegates at the Small Branches conference expressed their sincere sympathy to the people of Samoa and neighboring islands following the loss of life and destruction that had been caused by the earthquake and associated tsunami.

Hon. Kim E.Swan, JP, MP, (Bermuda) expressed concern that the poor in society were particularly vulnerable in a time of economic downturn and he believed that there may not be equality of opportunity during the recovery. Dr Smith concurred with the view that it was important to protect the less well-off and explained that the BVI had started training programmes for young artisans such as plumbers and had also established a bureau to assist entrepreneurs assess their capital needs and to provide collateral for loans to support new business enterprises. He felt that government’s role was to create the correct environment for the private sector to operate, a view shared by Hon. Michael A. Carrington, MP, (Barbados) who stated that there should be cooperation and not competition between the public and private sectors. Barbados had undertaken some capital projects to stimulate the economy and had also found innovative ways to alleviate unemployment during the downturn such as allowing reduced hours. He agreed that there must be a joint effort between government and the private sector to protect small economies although he did not feel that cash handouts were a good idea as funds would rapidly run out with little economic benefit.

Mr Marsters set out the measures that the Cook Islands had adopted to develop their economy. He explained that new systems of regulation had been put in place for the financial services

industry to ensure that the Islands were not blacklisted by the international community and technical assistance had been received from the IMF. Other measures to diversify the economy had been put in place with plans to exploit undersea manganese mineral resources which had the potential to provide a significant source of revenue. The Deputy Prime Minister had been to the United Nations in an attempt to obtain agreement on the extension of the Cook Islands’ interest in the surrounding continental shelf.

The importance for small countries to have anti-trust and monopoly legislation in place during a global financial crisis was stressed by Mr Marinus T. Hidding, MHA (Tasmania). He gave the example of milk prices paid to dairy farmers in Tasmania which had been reduced by some 40-50 per cent by the overseas multi-national corporation that controlled much of the market. Although this was said to be because of the global downturn, evidence showed, in fact, that the company’s profits had increased and appeared to be abusing its monopoly position. It was therefore important to put legislation in place to protect against abuse of any monopoly position. Mr Bohlin agreed that many dairy farmers were being put out of business throughout Australia and it was important to look at the real effect of the downturn and not simply the impact manufactured by big business.

Delegates at the conference recognized that small jurisdictions were always vulnerable to natural disasters in addition to any impact from the economic downturn. Hon. Dancia Penn, OBE, MHA, QC (British Virgin Islands) pointed out that many small jurisdictions had been affected by hurricanes, tsunamis, and these natural disasters, together with the impacts of climate change, produced on-going challenges. In addition the contingent liability of

the United Kingdom government for many British Overseas Territories provided a further constraint with the Cayman Islands suffering recent difficulties over a borrowing requirement. Mr Cockwell concurred that the constitutional relationship with the United Kingdom could affect some initiatives because of this contingent liability and it was important to ensure that large countries did not unfairly seek to control smaller jurisdictions.

Several delegates gave examples of measures that had been taken by small jurisdictions to protect vital transport links. Mr Marsters explained that support had been given to the main air carrier because the service provided was essential and the Cook Islands government had agreed to underwrite any losses to ensure the preservation of the link.

Deputy Tasker explained that the States of Guernsey had bought a local air carrier when a vital transport link to London Gatwick had been under threat. This government-owned airline now supported the economy and was run as a trading company to maintain essential transport links. Mr Hidding explained that a two

ship service was maintained to ensure an appropriate level of service to Tasmania and the federal government assisted with the cost of the transport of cars on the ferries. He considered that some government intervention was occasionally necessary for small states to maintain and protect essential infrastructure and transport links.

The delegates concluded that it was good practice, if financially possible, to set funds aside during good economic times so that these could be available in any economic downturn. It was then very important to ensure that the targets of any stimulus packages were met and that projects funded by government had real economic benefits.

Many jurisdictions represented depended heavily on tourism and there was therefore a need to attempt to improve the tourism product at this time. It was important that governments worked closely with the private sector during the global economic downturn and it was also important to ensure that big business did not take unfair advantage of the downturn to increase profits at the expense of consumers.

Chairperson Sen. the Hon. Carol Bassett, JP

29th Small Branches Conference Arusha, Tanzania

2nd Session - 30 September 2009

MACHINERY OF GOVERNMENT IN SMALL STATES: ISSUES AND CHALLENGES

Chairperson: Hon. Ted Staffen, MLA, Speaker of the Legislative Assembly, Yukon (Canada)

Discussion Leaders: Senator Paul Routier, Jersey; Deputy Jenny Tasker, Guernsey

While there was general agreement that committees are the “engine room of Parliament”, Members considered aspects of committee operations including the challenges of populating and supporting committees in small Parliaments and the need to strike a balance between committees that are so powerful as to undermine ministerial responsibility and so powerless as to not have any meaning in the machinery of government. The vast and important differences in the ways committees operated and were supported in the Commonwealth small Houses were also examined.

The following were identified as important characteristics of an effective committee system: adequate time in the parliamentary calendar for committee work, independence from the executive branch of government, public understanding of the role of committees, trained and objective support staff, multi-party participation and the need to table

committee reports in Parliament and generate a response from government.

The discussion

Senator Paul Routier in initiating the discussion spoke of Jersey’s system of government prior to 2005 when the Committee system was used. The disadvantage of that system was that it was slow and cumbersome with issues going back and forth and often being referred to several committees. Committees priorities could be different and Committee Presidents had no authority to act alone. In the 1990’s concerns were raised of the need for change and in December 2005 a new system was finally introduced with 53 independent members. The advantages are quick decision making processes and Ministers having the authority to make unilateral decisions. The Chief Minister and Ministries have better co-ordination and clear accountability.

Deputy Jenny Tasker then spoke of the bailiwick of the three Channel Islands, Guernsey, Alderney and Sark. Each island has its own Legislature and share some similarities. Guernsey has a unicameral consensus government with a change made to its structure in 2004 which like Jersey; replaced a large number of Committees. Deputy Tasker referred to the voting system as being “archaic” with the implementation of instant electronic voting being desired by many, although some of the older Islanders prefer the traditional method.

Ms Lovitta Foggo JP, MP, (Bermuda) expressed curiosity as to what Jersey’s system would entail as under the Westminster system, Ministers have responsibility but backbenchers who make up the membership of the Committee’s are distanced from the Ministers. Deputy Tasker agreed that sometimes policy statements are developed by

Departments, which could ultimately be discarded as its progression through the system is vetoed. Senator Routier advised that issues emerge as systems work in a practical sense in bringing ministers to account.

Senator Irene SandifordGarner, (Barbados) spoke of her country’s recent change in governance, moving to Constituency Councils for their 30 constituencies. Each constituency chooses six persons for membership to the council. They must live in the constituent; be of good standing and have community experience. A person must be a citizen to vote and a resident to be a member of a Constituency Council. The Council is the liaison between the

community and the Government. They meet with the people and discuss issues and concerns then pass that information on to their representatives. Council Members receive an allowance but primarily have a vested interest to see that good government prevails. Ms Shernette Wolffe, (Bermuda) asked if the Council’s are supported by legislation. Senator Garner advised that the Constitutional Councils Bill was passed in 2009 and may be accessed on the www.barbados website.

Mr Rene Hidding, (Tasmania) Australia said that Tasmania already had this system in place and questioned the issue that drove the change. Senator Gardner advised that the representative

system in Barbados was no longer working as it should, with Parliamentarians over time, having distanced themselves from the issues of the people.

Dr. the Hon. D. Orlando Smith, OBE, MHA, (British Virgin Islands) asked who the Constitutional Council’s reported to and if there was opposition. Senator Garner said that the Council reported to Government Ministers with Clinics being held every week after Cabinet. Opposition Councils were also in place to ensure representation over as wide an area as possible. Hon. Michael Carrington, MP, (Barbados) noted that Constituency Councils give people the opportunity to serve their community.

Rt. Hon. Sir Kamuta Latasi,

Above: Ms Lovitta Foggo, JP, MP, (centre) alongside the Bermudian delegation, contributing to the debate.

(Tuvalu) sought clarification on Jersey’s system of governance as to the number of members, cabinet and junior ministers and Mrs Vicki Dunne, MLA, (ACT, Australia) asked how the Chief Minister is elected. Senator Routier advised that 53 independent members are elected. Following election the Members then voted for their Chief Minister, Ministers and assisting Ministers. The Chief Minister is able to put forward names of preferred candidates and assigns portfolio responsibilities to those elected. Mrs Dunne advised that the ACT has evolved to this system and presently has a majority government.

Mr Ross Bohlin, MLA, (Northern Territory, Australia) spoke of the territory’s unicameral Assembly of 25 seats with predominantly two parties and several independents. It is currently

an unsettled Parliament with the government in the minority. A current issue of concern is the government establishing offices in opposition areas with staff employed to high salary positions. This strategy is countered by individual Members with hard work and door to door knocking.

Hon. Steven Lenares, MP, (Gibraltar) said that a referendum had been held to change their constitution. Gibraltar has a Chief Minister with nine Ministers and elections every four years. Their country is so small that Ministers have face to face interaction with electors and accountability is shown at the next election. Under this ministerial system, things are done, sometimes too quickly.

Mr Richard Cockwell, (Falkland Islands) raised the concern that an electoral system would not guarantee that people of ministerial quality would be elected. He added that the Falkland Island uses a committee system with lay members.

Mr Brendon Christian, MLA,

(Norfolk Island, Australia) spoke to his unicameral Legislative Assembly of nine members. Once elected, five ministers including a Chief Minister are voted in. Like Gibraltar, there is face to face interaction between Assembly Members and the public. He asked if the Falkland Islands with a small population found the committee system cumbersome. Mr Cockwell advised that community members express their interest in participating in Committees and are appointed for a two year term.

Mrs Dancia Penn, OBE, MHA, QC, (British Virgin Islands) spoke of its House of Assembly of 13 elected Members and one exofficio Member as Attorney General. Members are voted in by first past the post.

Hon. Paul Delorey, MLA, (Northwest Territories, Canada) informed that his Parliament had 19 independents and no party system. The Premier had no say in his cabinet ministers but once they were elected, he would then distribute the portfolios.

Financial accountability

Discussion then moved to financial accountability within governments with Ms Foggo addressing the checks and balances that were put in place. Ms Tasker said that in Guernsey, spending by departments was closely scrutinized and further commented that in any democracy, one needed to know that money was being spent wisely.

Senator Routier said that structure in regard to financial law in Jersey is very tightly controlled with new policies being passed by government prior to implementation. An exemption is small welfare payments to individuals to alleviate immediate hardship. When questioned on this, he expanded that Jersey’s welfare system is administered by legislation but someone seeking welfare who doesn’t fit within the policy criteria is able to receive payment by ministerial discretion.

Mr Tom Marsters (Cook Islands) advised that Members had to declare assets and business

Hon. Dancia Penn, MHA (left) sitting with her fellow delegates from British Virgin Islands.

interests for self and immediate family. Personal payments were often made to constituents who came to Parliamentarians for their needs. The clinic system was used but a “walk and talk” was found to be more effective. Each Sunday he called on three families and spoke about the satisfaction in being welcomed into homes to share the needs and problems of the people. Assistance ranged from the simple matter of filling in a government form, speaking to bank managers or accompanying them to loans officials. Any matter of concern might be addressed.

Dr Smith brought the discussion to practical terms by asking, if a person can’t send their child to school, what would you, as a politician do? Ms Foggo did not believe that any member should take their own money but persons should be directed to the appropriate programmes which are in place to give assistance. Rather

elected representative in the government, or to the civil service, but still find no satisfaction in addressing their needs. They may then come to him because they did got get the assistance they required. He hoped that such assistance would be remembered at the next election!

Mr Robert Henderson, (Prince Edward Island, Canada) advised that under the Conflict of Interest Commission Members must declare assets and liabilities for self, spouse and any member of the family under 18 years old.

Hon. James Netto, MP, (Gibraltar) spoke of the need for government’s to change legislation and introduce policy rather than to depend on ministerial discretion. Mr Hidding saw some difficulties with personal charity being expected to come from Parliamentarians. He said that care should be taken to ensure the situation isn’t inadvertently

was drawn up as widely as possible, the ability to have ministerial discretion was worthwhile.

Discussion then moved to other

“The vast and important differences in the ways committees operated and were supported in the Commonwealth small Houses were also examined.”

areas of interest. Hon. Kim Swan, JP, MP, (Bermuda) spoke of political polarization and the optimum amount of representation

Parliamentarians get a message across to the people within the community.

Senator Carol Bassett JP, (Bermuda) said that crises always forced people to look more closely at their politicians, and often, this would force change. The current economic climate had ensured closer scrutiny by the people of those who were representing them.

Senator Terence Le Main, (Jersey) sought clarification from the British Virgin Islands’ delegation on the declaration of assets and liabilities. Mrs Penn confirmed that under their system, assets had to be declared. Dr Smith also added that in the British Virgin Islands, Ministers were also able to make discretional welfare payments.

After lively and wide ranging discussion, Senator Routier and Deputy Tasker thanked delegates for their participation.

than ministerial discretion, governments should ensure that such programmes are initiated.

Mr Lenares said that in practical terms, people might go to their

established where a man of means can offer more and buy his way into Parliament.

Senator Routier said that although Jersey’s welfare system

for people, and informed delegates that in Bermuda each Member represented 10 per cent of the people. Mr Gline Clarke, MP, (Bermuda) sought input on how

Above: Members of the Tongan delegation during the conference.

29th Small Branches Conference

3rd Session - 1 October 2009

UTILIZING COMMITTEES IN SMALL PARLIAMENTS

Chairperson:

Hon. Paul Delorey, Speaker, Northwest Territories, Canada

Discussion Leaders:

Mr Rene Hidding, MHA, Tasmania, Australia;

Mr Mitchell O’Brien, World Bank Institute;

Mr Ross Bohlin, MLA, Northern Territory, Australia;

The third plenary session addressed the structure of government, the organization of ministries, allocation of portfolio responsibilities and functions within departments. Discussion ranged widely with delegates addressing issues and challenges which all governments face in their efforts to meet the needs of the people whom they represent. Topics ranged from electoral allowances to the use of personal charity, government accountability, how elections are held, constitutional committees, party politics and optimal representation. What was clearly apparent was that all systems were evolving and developing and Parliamentarians were continuously seeking better ways to service their communities.

Discussion

Hon. Paul Delorey (Northwest Territories, Canada) introduced the plenary topic by describing the

importance of committees in a consensus Parliament such as those that exist in the Northwest Territories. Absent party politics, he opined that committees were able to remain focused on their true mandates as opposed to getting mired in political battles. Committees in such systems were able to both support the government and hold it to account when necessary.

Mr Rene Hidding (Tasmania, Australia) described the adverse impact that the recent reduction in the number of MPs in his jurisdiction had had on the effectiveness and operation of its committees. He noted that in order to effectively influence public policy and hold the government to account, the work of committees had to be seen and understood by the public at large. Finally, the importance of providing committees with adequate financial and staff support was

highlighted. While committee staff had to be apolitical, they also needed to understand the rights and privileges of committees and bring a certain edge to the reports they drafted. Training for committee members was also strongly emphasized.

Mr Ross Bohlin (Northern Territory, Australia) noted that committees could not truly be effective if they were unable to exercise their traditional rights and privileges, most notably the ability to call and compel the attendance of witnesses. He emphasized the important role that committees played in providing advice and feedback to Ministers, but noted that if committees became too powerful, they weakened the important principal of ministerial

responsibility.

Mr Mitchell O’Brien (World Bank Institute) provided a summary of data collected by the World Bank Institute respecting the size, structure and functions of Public Accounts Committees in small Commonwealth jurisdictions. He characterized committees as the “engine rooms of Parliament”. The great diversity amongst Public Accounts Committees in small jurisdictions was a function of the following variables:

•The ability to refer matters to the Auditor General for review;

•The ability to review Auditor General compliance reports;

•The authority to initiate inquiries and value for money assessments;

•The authority to subpoena witnesses and documents;

•The duration of appointment;

•Whether the committee is chaired by an opposition or government member;

•Frequency and regularity of meetings;

•Whether meetings are open to the public;

•Level and sophistication of staff support;

•Whether decisions are made by consensus or vote;

•Whether reports are presented to and debated in Parliament; and

•Whether the government is required to respond to reports.

He summarized by noting that constraints on the effectiveness of

committees had frequently resulted in dynamic solutions.

Hon. Tom Masters (Cook Islands) stated that the 24 Members of Parliament on the Cook Islands thrived on the work of committees. He noted that committee deliberations in his Parliament were characterized by consensus and committees had an effective working relationship with government, but were not afraid to “take the gloves off”. The importance of ongoing committee work during parliamentary recesses was also noted.

In response to questions from Ms Lovitta Foggo, JP, MP, (Bermuda) Mr O’Brien suggested that legislation requiring government to respond to committee reports was an effective

Above: The third session of the Small Branches Conference.

way to ensure that their work had meaning. Conducting additional hearings into the implementation of committee recommendations was another effective strategy as was promoting the development of an effective and skilled parliamentary press corps.

Ms Vicky Dunne, MLA, (Australian Capital Territory) highlighted the unique and important role that committees assumed in minority Parliaments. She noted that committees needed to be proactive in seeking input from interested stakeholders as opposed to simply issuing general advertisements. The use of outside experts could greatly assist committees in studying specialized topics.

In response to a question from Deputy Jenny Tasker (Guernsey),

the discussion leaders noted the importance of staff support and outside experts to the work of committees. Committee staff had to understand and be in a position to advise committees on their rights and privileges. While the advice from staff must be apolitical, the reports they drafted should still have a certain edge to have their greatest effect. Regardless of the advice and support received from staff and experts, committees must take ultimate ownership of their reports and recommendations.

Mr Richard Cockwell (Falkland Islands) noted that in his jurisdiction, committees include non-elected members of the public. Committees in the Falkland Islands made good use of “road shows” to seek effective input. Open committee meetings were

the norm as opposed to the exception.

Mr David Ramsay (Northwest Territories, Canada) stressed the importance of Members taking their committee work seriously, even when it was not in the public eye. Broadcasting the work of parliamentary committees via television, radio or the internet was suggested as an effective means of raising the profile of committee work.

Hon. Kim Swan, JP, MP, (Bermuda) inquired as to whether a standing committee dedicated exclusively to the review of bills was preferable to a structure whereby bills were reviewed by respective envelope committees.

Mr O’Brien noted that while one size did not fit all, small jurisdictions may benefit from a structure

whereby a single committee specialized exclusively on the review of proposed legislation while others focused on oversight and accountability functions. Mr Hidding noted the importance of reviewing subordinate legislation (regulations) as these often included many of the provisions that impacted the public.

Hon. Michael Carrington, MP, (Barbados) noted the dangers inherent in committees investigating matters that were inconsistent with their mandates, particularly when motivated purely by political considerations. He

Above: Delegates in the third session; Right: Hon. Tom Marsters (second, right) from the Cook Islands.

suggested that the adversarial nature of the Westminster system led to a lack of trust between committee members representing competing political parties. As such, committees became an extension of the political divides that characterized the House as a whole and were prevented from fulfilling their intended purposes.

Hon. D. Orlando Smith, MP, (British Virgin Islands) noted that because meetings of the Public Accounts Committee in his jurisdiction hadbeen dominated by partisan attempts to embarrass the government, the committee no longer served its intended role and had not met since 1989. He suggested that formal limits should be placed on the activities of Public Accounts Committees to prevent them from being distracted from their core mandate.

Hon. Aloysius Anwano (Nauru) described how he lost his seat in

“What was clearly apparent was that all systems were evolving and developing and Parliamentarians were continuously seeking better ways to service their communities.”

Parliament as a result of the politically-motivated work of the

Public Accounts Committee in his jurisdiction. He suggested that there needed to be a means by which politically motivated attacks from parliamentary committees could be countered. Mr Hidding responded by suggesting that persons named in committee reports should be provided a formal right of reply. Committees must be able to carry out their duties free from undue restraint, but must not deny natural justice to third parties.

Mr Gervais Henry (Seychelles) inquired as to how Members could be encouraged to take their committee work more seriously and how qualified people could be appointed.

Several participants emphasized the need for initial and ongoing training for committee members. Both in-house support

staff and outside experts, particularly from academia, could assist greatly in arranging and delivering this training.

Mr Delorey concluded the discussion by thanking everyone who attended and participated. He stated his support for an earlier observation that the discussions that took place at the Small Branches Conference were among the most valuable of the entire CPA annual meetings.

He observed that the discussion on the role and importance of committees in small jurisdictions provided a valuable mix of theory and first hand observation and advice, and all in attendance should leave with a better appreciation and understanding of this critical aspect of parliamentary governance.

29th Small Branches Conference Arusha, Tanzania

4th Session - 1 October 2009

THE VULNERABILITY OF SMALL STATES: WHAT TECHNICAL AND PRACTICAL ADVICE CAN THE COMMONWEALTH OFFER?

Chairperson:

Hon. Alix Boyd-Knights, MHA, Speaker of the House of Assembly, Dominica Discussion Leaders: Ms Constance Vigilance, Commonwealth Secretariat; Mr Ross Bohlin, MLA, (Northern Territory, Australia)

Discussion leaders Ms Constance Vigilance, an Economic Advisor with the Commonwealth Secretariat, and Mr Ross Bohlin, MLA, of the Northern Territory in Australia outlined the problem of vulnerability of small states and provided practical and technical solutions to address this issue.

Ms Vigilance examined the current terminology used to define small island nations, whereby terms such as SIDS (small island development states), small economies and small states were terms used interchangeably. The second area focused on the concepts and measurements of vulnerability. Subsequently, this was followed by an analysis of the current development issues that exacerbate the vulnerability of small states. The technical and practical advice offered by the Commonwealth Secretariat to assist small states and development prospects and viable

opportunities currently available were also discussed.

Mr Bohlin’s description of the issue of illegal immigration generated much discussion. Data compiled on this revealed there has been a dramatic increase in illegal immigrants over the past two years. He questioned the “real” vulnerability of smuggler clients who travelled to the Northern Territory by boat and the issuance of protection visas to these illegal immigrants. The encroachment of illegal fishermen from larger countries into Australia’s fishing waters also presented another set of challenges and further added to the territory’s vulnerability, he said.

Discussion

The term Small Island Development Status (SIDS) is used mainly within the UN System in the debate and negotiations on sustainable development. There is the Barbados Programme of

Action and the 10-year follow up Mauritius Strategy for the implementation of the Programme for Action for the sustainable development of SIDS. The Mauritius Strategy is a 30-page document that describes the overarching issues that concern the implementation of the POA for the sustainable development of SIDS. These include peace, security, stability and respect for human rights and fundamental freedoms, respect for cultural diversity, and the role of youth and gender equality. There are currently 51 countries classified as SIDS by the UN and the commonality is their economic susceptibility. Palau, Barbados, Kiribati, Marshall Islands, Maldives, Nauru, Suriname are just a few examples of SIDS.

Ms Vigilance noted that natural and environmental disasters called for strengthening the International Strategy for Disaster Reduction and related SIDS to predict and

respond to emergency situations; including those affecting human settlements. An issue currently on the table was the implementation of this strategy in the Pacific Region. This was done regionally through the Pacific Plan where each country had been mandated to develop a National Sustainable Development Strategy. In the Caribbean region, the UN Economic Commission for Latin America and the Caribbean assisted in the monitoring and evaluation of the Mauritius Strategy by providing technical expertise, financial assistance and capacity building opportunities. Additionally, at the UN level, implementation issues falls into the mandate of the UN Office High Representative for least developed countries, landlocked countries and small island development states and includes advocacy on

issues of concern and the mobilization of resources for implementation.

Another coordination body on mechanism is the Inter-Agency Consultative Group of which the Commonwealth Secretariat is a part of. One of their recent activities was the planning of the template for countries to complete their national report in the implementation of the Mauritius Strategy. This report should be submitted by the end of 2009. This would be followed by three regional meetings in the Caribbean, Pacific and AIMS regions and a main UN meeting in May 2010. It was hoped that this Mauritius Strategy plus a five-year review would highlight the areas where SIDS needed assistance for the implementation of the Mauritius Strategy and of course highlight the best practices.

The second term used was small vulnerable economies, which was mentioned mainly in the context of WTO negotiations. The question of small economies was a standing agenda item of the General Council of the WTO. Recent development also showed some success by the advocacy group of 24 led by Barbados and including Antigua & Barbuda, Belize, Dominica, Fiji, Grenada, Jamaica, Mauritius, St. Kitts & Nevis, St Lucia, St Vincent & the Grenadines, Solomon Islands and Tonga. The concerted advocacy group was successful in maintaining high level political support for their concerns at the WTO and from 2005-2008, 30 proposals were raised to the WTO Committee on Trade and Development in the areas of NAMA, Agriculture, Services, Fisheries, TRIPS, SPS & TBT,

Trade Facilitation, Accession and Aid for Trade.

Regarding the fisheries subsidies, SVEs have maintained a particularly high profile in the negotiations, a consequence of the fact that many of them are small island and coastal states and have been able to gain particular exemption form the list of prohibited subsidies of access fees and incentives for on-shore fish processing industries and artisanal fisheries. In the agriculture arena, the SVEs will have to reduce tariffs by 24 per cent compared with 36 per cent for developing countries and 54 per cent for developed countries. With regards to NAMA negotiations, Ms Vigilance pointed

Above: The fourth session of the Small Branches Conference.

out that small economies had pressed for modulated obligations and voiced concerns related to potential loss of tariff revenue from reduced tariffs.

The terminology used by the World Bank and the Commonwealth Secretariat was “small state”, which were defined as sovereign developing states with populations of less than 1.5 million. They were characterized by a high degree of economic openness due to their heavy dependence on imports and exports which rendered them very highly exposed to conditions in the rest of the world. They were most likely to be the hardest hit by the global crisis and such vulnerability was more intense and often manifested by high levels of fluctuations in GDP, import costs and export earnings.

There are 45 small states. All these countries follow the definition of 1.5 million, with the exception of Botswana, Lesotho, Namibia, Jamaica and Papua New Guinea, which were included because they were characterized by the same vulnerability. The economic vulnerability of small states stemmed from a number of inherent and permanent economic features including; a high degree of economic openness rendering these states particularly susceptible to economic conditions in the rest of the word; dependence on a narrow range of exports; dependence on strategic imports, in particular food and energy; and natural disasters which had had a devastating effect on small states affecting GDP growth, hence increasing the country’s debt and government expenditure which ultimately adversely affected government revenue. Due to their vulnerability, GDP growth rate in small states tended to be lower than in other developing countries.

Moreover, Ms Vigilance highlighted a few of the major issues facing small states such as climate change; the migration of skilled professionals; high and

rising debt problems; the changing international trade landscape; decline in development assistance; resources to comply with international agreements and global economic and financial crises.

As a result, the Commonwealth was addressing and tackling the aforementioned issues. For instance, in the Caribbean there was a climate change centre located in Belize. The Commonwealth was assisting through providing experts to create initiatives and also by assisting the alliance of small island states (AOSIS) in the climate change negotiations.

Regards the migration of skilled professionals, the Secretariat formulated the Teacher Recruitment Protocol and the Health Professionals Recruitment code to cope with some of the exploitation of skilled teachers and nurses that migrated to developed countries. To address the debt issue, the Secretariat has advocated a framework. This includes measures such as improved debt recording and management; insurance and grant financing mechanisms that respond to the reconstruction and rehabilitation needs following natural disasters. The Commonwealth Secretariat has even initiated an annual dialogue between OECD and Small States concerning harmful tax initiatives which targeted tax havens resulting in a clamp down on offshore activities.

Ms Vigilance concluded her presentation by identifying specific projects that tackled technical and practical solutions and advice to small states. They included investment promotion, ECommerce and competitiveness, a Competition Model Bill, maritime boundaries delimitation, public sector development, debt management and long and short term expertise. In the latter, experts were being provided to small states to build capacity.

Going forward, Ms Vigilance espoused promoting sustainable energy, implementing diversification and innovative policies. Sharing best practices among small states and implementing social policies were other strategies being encouraged by the Commonwealth Secretariat.

Mr Ross Bohlin, MLA, from the Northern Territory (Australia) described the issue of illegal immigration. Findings from data compiled revealed there had been a dramatic increase in the number of illegal immigrants over the past two years, where since 2001, a staggering number of 60 vessels containing illegal immigrants had descended onto Northern Territory shores. He questioned the “real” vulnerability of smuggler clients who traveled to the Northwest Territory by boat and the issuance of protection visas to these illegal immigrants. He stressed that immigrants themselves paid substantial sums of money to travel to Australia and questioned whether or not these smugglers were in dire straits or were they individuals in real need? He also pointed out that the encroachment of illegal fisherman from larger countries on Australia’s fishing waters also presented another set of challenges and further added to the Territories’ vulnerability.

Hon. David Agius, MP, (Malta) recounted a similar problem of illegal immigration in his country whereby people left their respective countries to find a better life in a country of only 316 sq km with a population of 400,000. He stated that as a result, a resolution with the European Union was agreed in Parliament. The conditions stipulated were that other countries would share the burden and resettle immigrants in their countries such as Italy and Africa. However, he stressed that more needed to be done regarding this important matter.

Senator Paul Routier (Jersey) spoke of the financial meltdown

and the International Monetary Fund’s (IMF) audit on how Jersey conducted its financial industry and received high grades. He stated that the better regulated the country, the more opportunities there were for attracting better business.

Ms Habiba Gitay (World Bank Institute) pointed out that consideration should be given to putting our collective efforts together to address the illegal immigrant problem.

Mr Kennedy Roberts (Grenada) spoke about the need for countries to strengthen their social programmes and asked what concessions small states should give to attract investment, and how did one balance investment with employment opportunities?

Ms Vigilance stated that programmes such as pension schemes, national insurance, the education system and social housing needed to be addressed.

Hon. Kim Swan, JP, MP, (Bermuda) was concerned that some small states had limited land mass which was sold at exorbitant prices. He asked what strategies could be employed to claw back some of the debt ratio small states had incurred and what could we do to protect future generations so that they could acquire property?

Ms Vigilance responded by saying that the Commonwealth Secretariat was currently working on land policy issues and that small states should share best practices in this area.

Mr Bohlin spoke about land shortages. Referring to his home, he stated that qualified persons were unable to purchase a home.

Hon. Dancia Penn, MP, (British Virgin Islands) emphasized that climate change in the Caribbean region should remain a key topic, while health services and healthcare was also a burgeoning issue. Additionally, she voiced concern that complying with international standards and the financial cost incurred with the recent signing of 15 TEAS proved

to be an expensive exercise for her island nation.

Rt Hon. Sir Kamuta Latasi (Tuvalu) stated that the vulnerability of small states was a primary issue in his country and that in 1995 he appealed to the South Pacific forum and leaders in Australia for assistance and expert advice on the plight of climate change and rising sea levels.

Ms Lovitta Foggo, JP, MP, (Bermuda) in referring to her country reported that there was legislation in place pertaining to the purchase of land and a moratorium on the purchase of land by foreigners.

Mr Richard Cockwell (Falkland Islands) spoke of the problems associated with having hostile neighbours encroaching on their tourism industry. He asked if the Commonwealth Secretariat was aware of this and whether they were doing anything about it.

Senator Carol Bassett, JP,

(Bermuda) pointed out that immigration and or migrant issues stemmed from high unemployment, poor education and the rising level of crime, to name a few. These individuals who were uneducated felt that if their means were not being met, they were powerless to vote. She asked who the watchdog was where there was blatant corruption.

Hon. Michael Carrington, MP, (Barbados) commented that individual islands would differ regarding land and immigration issues. In his country, taxes were abolished pertaining to the purchase of lands by nonnationals. With reference to climate change, Mr Carrington noted that the time has come for SIDS to approach the Commonwealth for meaningful and practical solutions with the aim of reaching a common position. The time for talking was over. With reference to the illegal immigrant issue, he informed the

plenary that illegal immigrants were doing jobs at a much lower rate and had an impact on education and housing. He also reiterated that it was pressing more than ever that SIDS adopted a common policy with respect to the movement of people.

Hon. Tom Marsters (Cook Islands) reported that he addressed the UN on full decolonization and integration with New Zealand. He also stated that their country’s system of selfgovernance allowed them to run their own affairs. Cook Islanders remained New Zealand citizens and had New Zealand passports with free access to New Zealand and Australia. He said that his country valued very much its relationship with New Zealand.

Mrs Penn talked about the land use experience in her country and there was a long history regarding the private ownership of land. In 2007 a statement concerning the

ownership of land was enshrined in their Constitution.

Hon. Steven Linares, MP, (Gibraltar) felt that the vulnerability of SIDS differed between each other and that hostile neighbours tried to invade his country at all spheres. Spanish authorities had stated their position and said that Gibraltar was not entitled to EU directive. He continued by saying that Gibraltar did not have any excess land and that currently land was manmade. There was also a 10 year development plan which was now law.

Mr Agius concluded by stating that everyone’s problems were our problems, and we all had to do our part and take action in order to prevent exploitation.

Above: Delegates in attendance at the conferece.

BRITISH COLUMBIA: Police (Misconduct, Complaints, Investigations, Discipline and Proceedings) Amendment Act, 2009 Page 395

INDIA: The Right of Children to Free and Compulsory Education Bill, 2008 Page 399

INDIA: THE Central Universities Bill Page 401

NEW ZEALAND: Road User Charges Amendment Bill Page 403

AUSTRALIA: Foreign State Immunities Amendment Act 2009 Page 407

Page 390

CANADA Threat of a fall election Page 394

SRI LANKA Government passes a Vote of Account Page 406

AUSTRALIA Debating the emissions trading scheme in Australia Page 408

BILL TO CONTROL MPS’ EXPENSES AND RESTORE PUBLIC TRUST

The Parliamentary Standards Bill was presented to the House of Commons on 23 June in the wake of national outcry regarding the claims made by Members of Parliament under their allowances.

On 20 May, the government announced that it would bring forward legislation in response to media and public concern, to create an independent body to oversee both the payment of allowances to Members of Parliament and their financial interests. The legislation was brought forward in addition to the review on MPs’ expenses being conducted by the Committee on Standards in Public Life. The Committee was expected to report its findings in October.

Rt Hon. Jack Straw, Secretary of State for Justice and Lord Chancellor, introduced the Bill at Second Reading by stating that the expenses scandal had “profoundly affected” the public’s trust in Members of Parliament. He noted that some of the alleged abuses of the expenses system had been so serious that some Members of Parliament had found their careers “prematurely terminated”. The scandal had revealed a “collective failure” by the House of Commons in its ability to regulate itself.

Mr Alan Duncan (Conservative) agreed that the past few months had been “desperate ones for

Parliament”. He believed that the crisis had arisen from the fact that “for more than 30 years we have worked under a system of remuneration that would never have stood up to scrutiny in the commercial world”.

The Secretary of State for Justice explained that “the fundamental purpose of the Bill was to “replace the selfregulation of expenses, allowances and financial interests with external statutory regulation”. The Bill would therefore “establish the Independent Parliamentary Standards Authority and a separate Commissioner for Parliamentary Investigations”.

Rt Hon. Jack Straw

In response to concern that the legislation had been introduced too quickly, he acknowledged that whilst he and Leader of the House had engaged in “intensive crossparty discussions” over the previous three weeks, he was

clear that the “process of improving the Bill” would continue during the debates in the House.

Some of the provisions within the Bill were thought to have considerable implications for the current system of selfregulation under which the Commons had been governed, and for the operation of parliamentary privilege. Concerns were raised by the House of Commons Justice Committee, the Joint Committee of Human Rights and the House of Lords Constitution Committee, particularly relating to clause 6 (MPs' code of conduct), clause 8 (Enforcement) and clause 10 (Proceedings in Parliament) amongst others.

The Secretary of State for Justice recognized that the Clerk of the House and “distinguished” hon. Members had raised “serious concerns, particularly about clauses 6 and 10” which would have “an impact on the privilege of Parliament”. During the Second Reading debate, Mr Duncan referred to the memoranda provided on request by the Clerk of the House of Commons to the House of Commons Justice Committee. He said that it had two central concerns, which were, “first, that swathes of the Bill are or would have been justiciable and would set Parliament on a direct collision course with the courts; and, secondly, that this

could undermine the basic principles of free speech in this House”.

During Committee stage Sir George Young (Conservative) proposed an amendment to delete clause 6. He commented that “it seemed to me that the clause added absolutely nothing to the Bill, as the House already has a code of conduct that reflects the Nolan rules. It also posed a substantial risk in opening up to judicial review that which happens in the House. I am glad that the government have recognized the force of the arguments against it, have heeded the wise counsel of the Clerk of the House, and have had second thoughts”. Mr Straw confirmed that the government would remove clause 6 because they had “recognized the serious anxieties expressed, not least by the learned Clerk, and because, as the hon. gentleman said, it could have encouraged litigious constituents”.

this House do and how we in this House do it”.

Lord MacGregor of Pulham Market was concerned that whilst there was no question

matters which raise complex constitutional and legal issues”. Lord MacGregor of Pulham Market concluded that the House of Lords had been “left to pick up and sort out the pieces”.

At Third Reading in the House of Lords on 20 July, Lord Norton of Louth was one of several peers who raised the concern that the Bill would not achieve its objective of restoring confidence in Parliament: “It has been justified by the argument that the public are outraged and demand action. I do not dissent from that view, but we have been presented with no evidence that the Bill constitutes the action that the public demand. My concern is that it has been rushed through in order to assuage public concern and may not be that well directed at achieving that”.

(Conservative), to be named 157th Speaker. Speaker Bercow was elected under the new procedure of exhaustive, secret ballot, set out in House of Commons Standing Order No. 1 (B). The election took six hours. In the final round, Mr Bercow received 322 votes to fellow Conservative, Sir George Young's 271.

Mr Bercow was formally declared Speaker after the Queen signified her approval. He replaced Rt Hon. Michael

When the Bill reached the House of Lords on 8 July, Baroness Royall of Blaisdon, Chancellor of the Duchy of Lancaster, reassured the Lords that the legislation would only affect the House of Commons, by clarifying that “nothing in this Bill will affect this House. Nothing in this Bill will impact upon this House. Nothing in this Bill will change what we in

that there had been “some serious abuses of the Commons allowances system”, it should not cause the House of Lords to give the Parliamentary Standards Bill, “the Prime Minister’s answer to the abuses”, swift approval. He pointed out that there were some “fundamental flaws” in the Bill, apparent to those who had read “the paper by the Clerk of the House of Commons to the House of Commons Justice Committee, our own Constitution Committee report and the Joint Committee on Human Rights report”. He said that the Bill raised “serious constitutional issues as a result of the thoughtless haste with which the government did the drafting”. The Bill had been amended in the House of Commons to remove Clause 6 and Clause 10 which were “highly objectionable on constitutional grounds”, however the House of Lords Constitution Committee had reported that “much still needs to be done on what are now Clauses 6, 7 and 8”. The Constitution Committee report, had argued that this was “no way in which to legislate on

The Bill proceeded through Parliament in under five weeks, receiving Royal Assent shortly before the House of Commons rose for its summer recess on 21 July 2009.

Election of a new Speaker

On 22 June 2009, the House of Commons elected a new Speaker, Mr John Bercow, MP (Conservative). The Buckingham MP beat nine other candidates, including Rt Hon. Margaret Beckett, MP (Labour) and Rt Hon. Ann Widdecombe, MP

Martin, who stood down after nine years service, during the furore over MPs' expenses.

After the result was announced, Mr Bercow was dragged to the chair, a tradition for the new Speaker, congratulated his nine rivals and said his first duty to the House was to repeat his respectful acknowledgements and grateful thanks for “the great honour you have conferred upon me in placing me in the Chair and to renew the assurance of my entire devotion to the service of the House”. In his first statement to the Commons he acknowledged MPs felt “very sore and very vulnerable” in the wake of the expenses scandal but added “large sections of the public also feel angry and disappointed”.

“We do have to reform but I just want to say that I continue

Baroness Royall of Blaisdon

Rt Hon. John Bercow

Lord Norton of Louth

Rt Hon. Michael Martin

to believe that the vast majority of members of this House are upright, decent, honourable people who have come into politics, not to feather their nests, but because they have heeded the call of public service,” he said.

Prime Minister Rt Hon. Gordon Brown, Conservative leader Rt Hon. David Cameron and Liberal Democrat leader Rt Hon. Nick Clegg, welcomed the new Speaker as the 157th Speaker of the House of Commons in short speeches in the Commons chamber.

Departure of the Law Lords

At the end of July 2009, the judicial function of the House of Lords and its role as the finaland highest - appeal court in the U.K. came to an end, bringing about a fundamental change to the work and role of the House of Lords. In accordance with the Constitutional Reform Act 2005, the judicial functions have been transferred to a new Supreme Court of the United Kingdom. The new Supreme Court, intended to separate the judicial function from Parliament, will open in early October 2009 opposite the Houses of Parliament in Parliament Square in what was formerly the Middlesex Guildhall. The Lords of Appeal in Ordinary (the Law Lords) will

move from the House of Lords to the new Supreme Court to carry out their judicial work.

On 21 July, the House of Lords debated and agreed the following motion: “That, in view of the establishment of the United Kingdom Supreme Court on 1 October, this House thinks it right to record its appreciation of the contribution made to the work of this House by all those who have assisted the House or served in the House in a judicial capacity; and by the Lords of Appeal in Ordinary and other Law Lords since the passage of the Appellate Jurisdiction Act 1876”.

During the debate, Baroness Royall of Blaisdon paid tribute to the Lords of Appeal in Ordinary, and to the judicial work of the House of Lords during a debate marking the move by the Law Lords from the House of Lords.

She commented that it was “a significant day for this House” but that it was also “an important day for British justice”. The move of the Lords of Appeal in Ordinary from the Palace of Westminster brought an end a “hugely important part of this House's history and role”: the judicial work of the House of Lords. Whilst the House would lose the advantages of having “people of such calibre as the current 12 Lords of Appeal in Ordinary and

their predecessors”, it was, enormously important that they became “the first 12 Justices of the new United Kingdom Supreme Court—the new apex of the British justice system”.

She told the House that there had been 117 Lords of Appeal in Ordinary since “the first two Law Lords, Lord Blackburn and Lord Gordon, were appointed in 1876 following the passing of the Appellate Jurisdiction Act in that year”. In 1869, the Royal Commission on the Judicature had proposed the establishment of a Supreme Court a reform the government had enacted “a mere 136 years” later.

Lord Strathclyde (Leader of the Opposition In the House of Lords, Parliament; Conservative) said the departure of the Law Lords closed the door on “centuries in which this House has stood as the supreme arbiter of justice and, with the other place, the highest defender of the freedoms of this land”. He pointed out that in recent debates on the Parliamentary Standards Bill the House of Lords had been reminded of “the very embodiment of hardwon and precious liberties”. The presence of the judiciary in the House of Lords had “enriched our debates”. He noted that “the overwhelming need for the expulsion of the Law Lords from this House had not struck many of us” and he remained “unashamedly one of the unconverted”. However Lord Strathclyde wished the Law Lords well in their “fine new home”. The House of Lords would miss them.

MPs’ Expenses and Allowances

November saw the publication of the long awaited MPs’ expenses and allowances: Supporting Parliament,

safeguarding the taxpayer report from the Committee in Public Life, under its chair, former civil servant, Sir Christopher Kelly. The Leader of the House of Commons, Rt Hon. Harriet Harman, told MPs that the report set out

recommendations for a new framework for parliamentary allowances. She noted that the British people needed to be able to have full trust and confidence in their Parliament and that what had happened under the old allowance system had knocked that confidence. The report was “another important step on that path to restoring public confidence”.

She reminded the House that action had already taken to deal with the public concern regaining the parliamentary allowances. Overpayments “including those which were simply a mistake” had been repaid through the work undertaken by the Members Estimate Committee chaired by the Speaker, commissioned by Sir Thomas Legg. The House had also “introduced interim measures last May to pare back allowances as a result of a meeting of the party leaders and the Members Estimate Committee”.

Sir George Young thanked the Leader of the House for her statement but deplored the way in which Sir Christopher’s

Sir Christopher Kelly

Financial

Service

Rt Hon. David Cameron

Rt Hon. Nick Clegg

report had been “selectively leaked last week”. He commented that the Kelly report had been commissioned because “neither the House nor the Senior Salaries Review Body” was able to come up with a sustainable solution to the “vexed question of our allowances”. On behalf of the Conservative party,

Sir George thanked Sir Christopher and his colleagues for producing a “thorough report”, whose conclusions we shall accept in full and take forward. Sir Christopher Kelly's recommendations would now go forward to the new Independent Parliamentary Standards Authority (IPSA).

It was widely reported that the Speaker of the House, Mr Bercow, wrote to all MPs urging them to comply in “ending the expenses saga,” but he added to the ambiguity about the status of Sir Christopher’s report, describing it as a “steer” for IPSA.

The Kelly report made proposals for the reform of “the regime for meeting the costs which Members of the United Kingdom Parliament incur as the result of performing the roles for which they are elected”. It aimed to strike “a fair balance” between giving Members of Parliament adequate resources to do their jobs and providing value for money for the taxpayer, within a framework that would be “transparent, accountable and free from suspicion of abuse for personal advantage”.

The report acknowledged that there had been a “profound crisis of public confidence in the integrity of MPs brought about by successive revelations about the nature of their self-

determined and self-policed expenses scheme and the way they have used it”. The public were “understandably angry about a major systemic failure in an area where they are justified in expecting the highest standards”. It commented that MPs had been able to “misuse for personal gain an expenses regime which was intended simply to reimburse them” for the additional costs necessarily incurred in performing their jobs.

The report also highlighted the widely reported view that that the situation has been caused by the “unwillingness of successive governments to contemplate increases in MPs’ pay, even when recommended by an

independent review body”. It noted that this “unwillingness” had “led to a tendency to regard the expenses system, quite wrongly, as a substitute for higher salaries. The problem has been compounded by serious weaknesses in the control systems which were supposed to provide assurance that public money was being used only for the purposes intended”.

The U.K. Youth Parliament Earlier in March this year,

following over two hours of debate, Members of Parliament voted by an overwhelming majority to allow Members of Youth Parliament to sit and debate in the House of Commons chamber this October. The U.K. Youth Parliament’s proposed use of the House of Commons chamber had been previously opposed on a number of occasions. After a lively debate, the motion was passed by a majority of 186 votes.

For the first time in its history, the hallowed Commons chamber threw open its doors to non-MPs, 300 members of the Youth Parliament from schools and colleges across the U.K. The 11 to 18-year-olds gathered in the 800-year-old Westminster Hall to be called into the House of Commons Chamber.

The historic move saw elected 11-18 year-old Members of Youth Parliament debate issues of concern to young people across the U.K. The five issues debated were:

• Lowering the voting age to 16

• Youth crime and how to tackle it

•Public transport for young people

•Jobs for young people and the economy

•University fees

Mr Bercow, a strong supporter of the day, welcomed the young people with a speech about the importance of democracy. He said: "I am delighted to welcome the Youth Parliament delegates to the House. This is an historic moment and one which I hope will show young people that the House of Commons, and the work that goes on

here, is relevant to their lives."

Ms Harman then welcomed the group to the House: “this is where Gordon Brown, the Prime Minister, sits,” she explained, before crossing the floor to point out the other highlights of the chamber, ending her tour with “and here we have got what is called the awkward squad, who give people a hard time when they are speaking”.

Ms Funmi Abari, a Member of the Youth Parliament from London, opened the first debate, on scrapping university fees in England and Wales, with an appeal for financial rectitude and selfreliance. “There is no such thing, Mr Speaker, as a free lunch,” she thundered, arguing that free tuition would not widen access and that students should pay their way like everybody else, ending with a flourish “lowering fees to what they are actually worth? Hell yes, that's fair”.

It was gratifying to see that the majority of these teenage MPs, most of whom were not old enough to vote, were articulate, passionate and impressively confident. It was widely reported that the day had been a great success that, among other things had caused many in the press gallery to reflect on how many of the young people taking part in the debate would return in the future to the Commons as Members of Parliament.

The language was, perhaps unsurprisingly, more colourful and expressive than standard parliamentary language, for example, one girl asked why students had to "bust their humps for so many years" to get a degree. Others clearly enjoyed a chance to have their say at the dispatch box.

Rt Hon. Harriet Harman

CANADA CONTINUES ON THE BRINK OF ANOTHER ELECTION

Canada’s October 2008 election kept the Conservative Government of Rt Hon. Stephen Harper in power, and, for the third time in a row, the political party that elected the most Members to the House of Commons following the general election failed to capture a majority of the seats. Minority governments are unusual in the Canadian democratic environment. When they do occur, a high level of uncertainty as to their survival and a constant threat of a general election hang over them like a Damocles’ sword.

This was the case with the Liberal minority government of Rt Hon. Paul Martin which lasted from 2004 to 2006, and with the first Conservative Government of Mr Harper. Mr Harper’s second minority government, which emerged from the general election of October 2008, was faced with similar challenges as to its survival.

Shortly after the beginning of the new Parliament, the government escaped an anticipated vote of noconfidence by prematurely proroguing the parliamentary session. At the beginning of 2009, the Harper Government secured parliamentary support for its budget by agreeing to a Liberal amendment which required the government to provide Parliament with periodic reports as to how their rescue package responding to

the economic crisis. Once again, the current parliamentary

session has given rise to numerous negotiations between the government and the opposition – and this time, what necessitated these transactions was the required adoption of the Supply bills for the fiscal year 2009-2010 and the tabling in Parliament of the second periodic report from the government on the economic rescue package.

Ignatieff as the “official” leader

On 2 May 2009, the Liberal Party of Canada delegates assembled for a convention in Vancouver, British Columbia, to choose a new leader. It became necessary to elect a new leader for the party after the resignation of Hon. Stéphane Dion in October, following the catastrophic results for the Liberal Party of the October 2008 general election. While

there were three main contenders early in the race for the position, MPs Mr Michael Ignatieff, Mr Bob Rae and Mr Dominic Leblanc, Mr Ignatieff was the only contender since the beginning of 2009. The selection of Mr Ignatieff as leader was purely a question of form, and the convention resulted in an opportunity to rally troops before a possible summer election.

“Sexy” medical isotopes crisis and ministerial scandals

In May 2008, Prime Minister Harper allowed former Minister of Foreign Affairs, Mr Maxime Bernier, to resign after it was revealed that he had left classified documents at his girlfriend’s house. Again in May 2009, confidential documents under the responsibility of a member of Mr Harper’s Cabinet, Hon. Lisa Raitt, Minister of Natural Resources, were “left behind” at an Ottawa

Mr Michael Ignatieff

Hon. Stéphane Dion

news bureau for a week without anybody noticing they were missing. Mr Harper, however, refused the resignation of Mrs Raitt, while the resignation of a member of her communications staff was accepted.

Another scandal hit Mrs Raitt shortly thereafter when a recorded tape of a conversation between her and the same member of her communications staff was rendered public.

Since mid-May, the nuclear reactor of Chalk River had been shut down after a heavy-water leak was detected within the facility. The reactor is normally the world’s largest provider of medical isotopes which are used in the diagnosis and treatment of cancer. The shutdown of the reactor triggered a shortage which has impacted on these treatments.

Summer Election Averted

On 11 June 2009, the Minister of Finance, Hon. Jim Flaherty, t abled the second periodic report with respect to the economic rescue package in the House of Commons. Shortly thereafter, the leader of the New Democratic Party, Mr Jack Layton, MP, and leader of the Bloc Québécois, Mr Gilles Duceppe, MP, announced that they would be voting against the government at the next opportunity – the Supply bills for 2009-2010. Mr

Ignatieff, leader of the Liberal Party, made demands of the government with respect to

the medical isotopes crisis, on how the stimulus package was spent in more details, and on the fiscal deficit. However, Mr Ignatieff’s main demand pertained to employment insurance and access to benefits. After a series of bilateral meetings between Mr Harper and Mr Ignatieff, both leaders agreed to establish a bi-partisan group with the mandate, over the summer, to look at how the current employment insurance regime could be improved. In exchange, the

THIRD READING: BRITISH

COLUMBIA

In the audiotape, Mrs Raitt referred to the isotopes crisis as “sexy” and suggested that this crisis would be good for her career. She also expressed doubts about the abilities of her Cabinet colleague, Hon. Leona Aglukkaq, Minister of Health, to deal with "hot" issues.

Despite numerous calls from Opposition MPs for her resignation, Mrs Raitt maintained her position. On 10 June 2009, she apologized during a press conference.

Police (Misconduct, Complaints, Investigations, Discipline and Proceedings) Amendment Act, 2009

The Amending Bill (No. 7) repeals the spent provisions respecting review of the police complaint procedures enacted in 1997 and strengthens police accountability. The legislative amendments will make it easier for the public to file complaints against municipal police officers; for investigating officers to process them thoroughly; and for the province’s independent Police Complaint Commissioner to oversee the entire process from the time a complaint is first submitted.

A new Part 11 has been added to the Police Act that includes a section encompassing the police complaint commissioner’s powers and duties under the Act in regard to complaints against municipal police officers. Provision is also made for regular audits by a special committee of the Legislative Assembly in respect of randomly selected complaints and investigations under the new Part 11. The special committee must report on its first audit by 1 January 2013, and thereafter at least once every six years.

Motor Vehicle Amendment Act, 2009

The purpose of the amendments to the Motor Vehicle Act is to deter people from talking on a cellphone, or typing or dialling on any hand-held electronic device, while driving or operating a motor vehicle on a B.C. highway. Section 1 of the Amending Bill (No. 15) allows the Lieutenant

Governor in Council to make regulations adding restrictions or conditions to classes of driver’s licences concerning the use of electronic devices. Section 3 adds a new Part to the Act that enacts rules about the use of electronic devices while driving. Exceptions to the prohibition are made for emergency personnel, and permit certain activities by drivers such as making emergency calls. The new rules come into force by regulation.

Body Armour Control Act

This Act implements a Throne Speech commitment to tighten controls on the use of body armour as part of the provincial government’s seven-point plan to combat gang and gun violence. The legislation makes it difficult for criminals to possess bulletproof vests; provides police with the authority to seize body armour from those not authorized to possess it; and sets fines and jail time for those convicted of an offence under the Act.

The legislation requires that individuals who want to possess body armour will now need a permit to do so, unless they are involved in law enforcement or the private security industry. Another requirement is that a person who sells, gives, transfers or otherwise disposes of body armour in any manner holds a security business licence or security worker licence under the Security Services Act. The proposed permitting and licensing scheme will be established under the authority of the registrar of security services.

Hon. Leona Aglukkaq

Hon. Jim Flaherty

Liberals agreed to vote in favour of the Supply bills. A defeat of the Government on the parliamentary approval of the estimates would have triggered a summer general election.

New legislative proposals and bills passed

The thinness of the Harper Government’s legislative agenda has often been criticized in the past, which may explain why, this year, many legislative proposals were introduced just before the summer break. Threats to defeat the government, which would very likely have resulted in a general election, may also not have been unrelated to this legislative enthusiasm: the government may be called on short notice to justify before the electorate its legislative platform and accomplishments while in office.

As anticipated, the

intended to add two additional advance polling days to the existing three. Both of these legislative initiatives were introduced in the last Parliament, but died on the Order Paper when the 39th Parliament was dissolved.

Another legislative initiative, Bill C-32, would amend the Tobacco Act to enact measures to protect children and youth from tobacco industry marketing practices that encourage them to use tobacco products.

numerous ”law and order” legislative initiatives. Bill C31 – an Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act, is aimed at modernizing the criminal justice system and making it more efficient and effective. Hon. Rob Nicholson, Minister of Justice, explained on the day the bill was introduced that “crime is constantly evolving in Canada so it is crucial that our criminal justice system evolves with it. With these amendments, our government is taking action to help ensure the safety and security of our communities. It is the latest step in our continuing commitment to tackling crime”.

terrorism and to holding the perpetrators and supporters of terrorism accountable for their actions. With this Bill, we are showing leadership against terrorism. And we are providing a means for victims to seek justice against the individuals, organizations and foreign states that support terrorism.”

government introduced a bill aimed at amending the constitution in order to reduce Senators’ tenure from an appointment until the age of 75, to an appointment for a limited term of eight years. Another part of the government’s democratic reform proposal is Bill C-40, the Expanded Voting Opportunities Act, which is

The government reintroduced a bill from the previous Parliament to amend the Immigration and Refugee Protection Act to help protect vulnerable foreign workers such as exotic dancers and live-in caregivers who could be victims of exploitation. Hon. Josée Verner, Minister of Intergovernmental Affairs, President of the Queen’s Privy Council and Minister for la Francophonie, stated that: “This [bill] will strengthen Canada’s immigration system by helping to prevent situations where temporary workers in Canada may be abused, exploited or possibly become victims of human trafficking.”

The government has also acted upon its commitment to tackle crime, introducing

Another legislative proposal, Bill C-35, the Justice for Victims of Terrorism Act, would create a cause of action for victims of terrorism allowing them to sue perpetrators and supporters of terrorism. It would also lift the state

immunity for states listed by the government as supporters of terrorism. Hon. Peter Van Loan, Minister of Public Safety, stated: “The Government of Canada is committed to fighting

Other related legislative proposals recently introduced include Bill C-34, the Protecting Victims From Sex Offenders Act, Bill C-36, the Serious Time for the Most Serious Crime Act, Bill C-42, the Ending Conditional Sentences for Property and Other Serious Crimes Act, Bill C-43, the Strengthening Canada’s Corrections System Act, Bill C-46, the Investigative Powers for the 21st Century Act, and Bill C47, the Technical Assistance for Law Enforcement in the 21st Century Act.

Two recently introduced bills were fast-tracked in Parliament and received Royal Assent before the summer recess. Bill C-38 will enlarge Nahanni National Park Reserve located in the Northwest Territories, thereby making it one of the world’s largest national reserves. Bill C-41 will give effect to the Maanulth First Nations Final Agreement which grants to the Maanulth First Nations, among other things, roughly 24,550 hectares of land, and a capital transfer of $73.1 million. The Agreement defines the Maanulth First Nations’ rights regarding selfgovernment and the ownership and management of lands and resources, including rights with respect to the harvest of fish and wildlife. Other bills that received Royal Assent before the summer break, a period that is usually productive in

Hon. Peter Van Loan

Hon. Josee Verner

Hon. Rob Nicholson

terms of adopting legislation, include Bill C-11, which enacted measures to protect the health and safety of the public from human pathogens and toxins, and Bill C-14, which proposed new measures dealing, among other things, with criminal organizations.

Threat

of a fall election

The question as to whether or not there would be a general election dominated Canadian politics once again as the Parliament resumed sitting this fall.

Early September, Mr Ignatieff indicated to his caucus that his party planned to defeat the government of Mr Harper at the first opportunity. The minority Harper Government has survived since the October 2008 election with the support of the Liberal Party. With Mr Ignatieff’s withdrawal of support, the government could only survive with one of the other political party voting on its side.

Everybody quickly turned toward Mr Layton, Leader of the New Democratic Party, asking whether his leftleaning party would support the Conservatives’ right-wing government. Meanwhile, the government introduced in the House of Commons a

legislative initiative that was particularly popular with Canadians. Bill C-50, an Act to amend the Employment Insurance Act and to increase benefits, was introduced in the House on 16 September 2009.

This Bill adds between 5-20 weeks to the benefits available to long-tenured workers. Hon. Diane Finlay, Minister of Human Resources and Skills Development, said in the second reading debate on Bill C-50 that “Bill C-50 is about our government helping workers and their families. It is about extending EI regular benefits to those who have worked a long time and have never or rarely collected EI benefits”.

In addition, the government introduced Bill C-51, Economic Recovery Act (stimulus), which purported to implement parts of the economic rescue package announced in the House of Commons in January 2009. Included in Bill C-51 are the popular home renovation tax credit and other tax credits. The measures were sufficient to guarantee the support of the New Democratic Party. There was no longer any suspense as to the survival of the Harper Government when on 1 October 2009, the Ignatieff-sponsored motion of non-confidence was defeated by the House of Commons, the New Democratic Party voting with the Harper Government.

New legislation introduced Besides Bills C-50 and C-51, the government has introduced various bills acting upon its commitment to tackle crime. Bill C-52, Retribution on Behalf of Victims of White Collar Crime, is among these initiatives. The Chief Government Whip, Hon. Gordon O’Connor

stated on 22 October 2009 that Bill C-52 contains a

number of provisions that are designed to ensure that people who devise and carry out serious fraud offences receive tougher sentences.

“The objective of this bill is clear and simple. It would amend the Criminal Code to improve the justice system's response to the sort of largescale fraud we have been hearing about so much lately. The bill would send a message to those who think they can outsmart Canadians and dupe them into handing over their hard-earned savings. On the contrary, the bill would make clear that fraud is a serious crime for which there are serious consequences.”

Bill C-52 was introduced in response to major frauds that have been committed in Canada in recent years that have dispossessed investors of millions of dollars. Other criminal law bills introduced included Bill C-53, Protecting Canadians by Ending Early Release for Criminals Act, and Bill C-54, Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act. Another legislative proposal introduced recently by the Harper Government is Bill C56, Fairness for the Self-

Employed Act, which would grant employment insurance benefits to self-employed persons.

Legislation adopted Legislation recently adopted by the Parliament of Canada includes Bill C-50, An Act to amend the Employment Insurance Act and to increase benefits, which, as mentioned above, secured the government’s survival during the fall. Bill C-50 was quickly adopted by both Houses of Parliament. Measures to protect children and youth from tobacco industry marketing practices that encourage them to use tobacco products were also enacted when Bill C-32, An Act to amend the Tobacco Act, received Royal Assent on 8 October 2009. Bill C-25, the Truth in Sentencing Act, gave rise to some struggles within the Senate.

In sentencing those who have been convicted, Canadian courts have generally applied a 2 for 1 credit for time the accused person spent in presentencing custody. Bill C-25 was aimed at replacing that ratio with a 1 for 1 credit. Bill C25, which was adopted quickly by the House of Commons, was referred to the Standing Committee on Legal and Constitutional Affairs upon being read a second time in the Senate.

Concerned about the injustice that could result from Bill C-25 whereby a person convicted is eligible for parole based on time spent in custody since conviction, the Committee sought to amend the bill to institute a 1.5 for 1 ratio.

These amendments, which were widely criticized, were rejected by the Senate. Bill C25 finally received Royal Assent on 22 October 2009.

Hon. Gordon O’Connor

Hon. Diane Finlay

ELEMENTARY EDUCATION INITIATIVE LEADS NEW GOVERNMENT’S AGENDA

New budget

The second session of the Fifteenth Lok Sabha began on 2 July 2009 and came to an end on 7 August 2009 with a total of 26 sittings. It was an important session given that it was the first Budget Session of the new government.

The railway budget for the year 2009-2010 was presented by the Minister of Railways, Km. Mamata Banerjee, on 3 July. The General Budget for the year 2009-2010 was presented the Minister of Finance, Shri Pranab Mukherjee, on 6 July.

Since the departmentally related standing committees (DRSCs) were yet to be constituted, after the reply of the Railway Minister to the general discussion on the Railway Budget on 9 July, the House adopted a motion suspending the Rule 331G of the Rules of Procedure and Conduct of Business in Lok Sabha in its application to the discussion and voting on the Demands for Grants (Railways) for 2009-10. Rule 331G provides for the adjournment of the Houses for a fixed period after the general discussion on the budget to enable committees to consider the Demands for Grants of the concerned ministries and present reports to the House.

The Speaker of the Lok Sabha, Hon. Meira Kumar, observed that the Demands for Grants (railways) would stand referred to the Standing

Committee on Railways, after it is constituted, for examination and report to the House. All the Demands for Grants (railways) for 2009-2010 were voted in full on the same day.

Similarly, after the Finance Minister’s reply to the general discussion on the General Budget on 14 July, the House again adopted a motion suspending Rule 331G so that the House could also pass the

Demands for Grants (general) for 2009-2010 without them being referred to the concerned departmentally related standing committees. The Speaker thereafter observed that the Demands for Grants would stand referred to the standing committees, after they are constituted, for examination and report to the House. The outstanding Demands for Grants in respect of the Budget (General) for the year 20092010 were guillotined and voted in full on 23 July.

Children’s right to free and compulsory education

Parliament passed the Right of Children to Free and Compulsory Education Bill, 2009 seeking to provide free and compulsory education to all children of the age of 6-14 years in a neighbourhood school till the completion of elementary education. It provides every child full-time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards as well as obliges the appropriate government to provide and ensure admission, attendance and completion of elementary education.

The Bill sought to give effect to the 86th Constitution Amendment Act, 2002 which requires the state to provide free and compulsory elementary education to all children. The Bill was earlier passed by the Rajya Sabha on 20 July 2009 and received Presidential assent on 26 August 2009.

Moving the motion for the consideration of the Bill, the Minister of Human Resource Development, Shri Kapil Sibal, said it was the bounden duty of any democratically elected government to educate its citizens. The Bill was not just about getting children to school; it was a Bill which talked about providing quality education. He wanted the state

Shri Pranab Mukherjee

governments and the central government to work in tandem to attain the objectives of the Bill.

The Minister invited the private sector to participate in the task undertaken by the government. Participating in the debate, Shri Kirti Azad(BJP) was of the view that the main reason for maximum dropout rate among girls was the absence of toilets in schools. The entire burden had been put on the state governments given they had to provide the funds though the central government would also provide necessary grants. Consequently, he urged the central government to take more responsibility so that the right to education was enjoyed by the children of the country.

Dr Girija Vyas (Congress) said the Bill was very comprehensive in its content and everything whether it is infrastructure or teachers or quality of education or grievances had been taken care of. She suggested providing scholarships to check the high dropout rate. Resuming the discussion on 4 August, Dr Vyas pointed out that there was no mention of children in the age group of 0-6 in the Bill and they had been left in the hands of state governments.

Smt. Jayaprada (SP) wanted the provisions of the Bill to be strictly implemented and called for changing the age limit of 6-14 years to 3-18 years.

Shri M L Mandal (JD-U) said the responsibility to provide compulsory education to children should be borne by the central government instead of leaving it on the states. He said the Bill was contradictory to the Sarva Shiksha Abhiyan, the ongoing mission to achieve total literacy in the country.

Smt. Jayshreeben Patel (BJP) said the Bill talked a lot about admission, permission and

THIRD READING: INDIA

The Right of Children to Free and Compulsory Education Bill, 2008

The Directive Principles of State Policy enumerated in India’s Constitution outlines that the State shall provide free and compulsory education to all children up to the age of 14 years. A view had been taken that the goal of universal elementary education could not be achieved despite a significant spatial and numerical expansion of elementary schools in India over the years. The number of children – particularly children from disadvantaged groups and weaker sections – dropping out of school before completing elementary education, remained very large. Moreover, the quality of learning achievement was not always entirely satisfactory even in the case of children who completed elementary education.

Article 21A – as inserted by the Constitution (Eightysixth Amendment) Act, 2002 – provides for free and compulsory education of all children in the age group of 6-14 years as a fundamental right in such manner as the State may determine by law.

To give effect to this, the Right of Children to Free and Compulsory Education Bill, 2008, was proposed to be enacted.

The proposed legislation was anchored in the belief that the values of equality, social justice, democracy and the creation of a just and humane society could be achieved only through provision of inclusive elementary education to all. A view emerged that provision of free and compulsory education of satisfactory quality to children from disadvantaged and weaker sections was therefore not merely the responsibility of schools run or supported by the appropriate governments, but also of schools which were not dependent on government funds.

The government therefore brought forward the Right of Children to Free and Compulsory Education Bill, 2008. Some of the core terms defined in the definition clause included:

•“Child” means a male or female child of the age of 6-14 years;

•“Child belonging to disadvantaged group” meaning a child belonging to the scheduled caste/tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate government.

Every child has been vested with the right to be

provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Provisions have been made for financial and other responsibilities of the central government and the state governments and for developing by the central government of a national curriculum and the standards for training of teachers. Duties of the government include:

•Provide free and compulsory elementary education to every child;

•Ensure availability of a neighbourhood school;

•Ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds.

Legislative shields have also been conferred in the form of protection of rights of children. Towards this end, provisions have been made for certain additional functions and powers of the National and State Commissions for Protection of Child Rights to be performed and Central Government has been empowered to constitute a National Advisory Council to give expert advice to the Central Government on implementation of provisions of the legislative measure.

Finally Central Government has been vested with the power to issue guidelines and directions for implementation of provisions of the Bill and also to make rules and for lying rules and notifications.

During discussion on the bill in both Houses of Parliament, Members expressed their happiness over this positive endeavour and termed it as a proactive step in the direction of nation building. The Minister in-charge of the Bill emphasized that the government’s endeavour was to bring about a uniformity of quality of education in the country.

For the first time in a statute a minimum physical infrastructure requirement of a school has been set out.

The Bill was passed by Rajya Sabha on 20 July 2009 and by Lok Sabha on 4 August 2009. The Bill as passed by both the Houses of Parliament was assented to by the President of India on 26 August 2009.

capitation but lacked vision as it grossly neglected Indian human values. She called for an educational system that strengthened the national character and built selfreliance.

Shri B.R. Meghwal (INC) emphasized the need to have proper facilities for education which had to include the establishment of qualitative educational institutions and establishment of neighbourhood schools for small children within the perimeter of one or two kilometers. He requested the government not to put teachers on non-teaching duties.

Shri Hukmdev Narayan Yadav (BJP) argued that boys and girls should be provided with more educational facilities, including scholarships instead of enacting a new law, arguing that the Bill was a blow to the federal system of the country. Shri Virender Kashyap (BJP) wanted to know what would happen to the children in the age group of 3-6. He added that the Bill also did not mention how parents would be punished if they did not send their children to schools.

Dr Bali Ram (BSP), supporting the Bill, said education was a must for the democracy to function properly. He asked the government to see that the Bill once enacted was not confined to paper only. Shri Kalyan Banerjee (AITC) said since the socio-economic compulsions kept the children away from schools, some provisions had to be made in the Bill to encourage the people of the remote areas of the country to send their children to schools. He requested the Minister stop the capitation fee in the country.

Shri S. Semmalai (AIADMK) said government should evolve a suitable strategy to increase enrolment, retention and attendance under this Act. He argued in support of creating a monitoring committee at the block level to encourage and persuade parents and motivate children to attend schools regularly.

While Shri Arjun Ram Meghwal (BJP) asked for making arrangements for the recruitment and training of teachers willing to serve in rural areas, Dr Mirza Mehboob Beg (J&KNC) requested the government to properly implement the Bill.

Replying to the debate, Shri Sibal said the Bill sought to have a uniform standard of education to all the four categories of schools in the country namely government schools, government aided schools, specialized schools and private unaided schools. The Bill was about the right of children to free and compulsory education – free for the children and compulsory for the state.

The pupil-teacher ratio had been provided to bring about uniformity of standards. He said all schools, wherever located, had to conform to the prescribed standards in the next three years or else they would be de-recognized. Every private school in the country had to admit in class I at least 25 per cent of the strength of that class, children belonging to weaker sections and disadvantaged groups in the neighbourhood were provided with free and compulsory elementary education till its completion.

The Minister assured that if the central government felt that any state government would find it difficult to meet the expenditure, the matter would be referred to the Finance

Commission.

The Bill was thereafter passed in the Lok Sabha.

Opposition forces government on back foot The Judges (Declaration of Assets and Liabilities) Bill, 2009 was listed in the Rajya Sabha Order Paper for 3 August 2009 and was to be introduced the same day. The Bill sought to provide for the declaration to be made by the Chief Justice of India, the Judges of the Supreme Court and the High Courts, including the Chief Justices of the High Courts in respect of their assets and liabilities and that of their spouses and dependents before the competent authority.

If any judge failed to furnish the information or filed the annual return without reasonable cause within the specified time or gave false information in his declaration or annual return as provided in the Bill, such failure or giving false information was deemed as misconduct and consequently dealt in accordance with the law.

The information provided in the declaration by the judges was to be disclosed only under certain circumstances where a judge was accused of committing any offence and the competent authority was of the opinion that the information needed to be provided to the investigating authority. It was also to be disclosed where action against a judge had been initiated under the Judges (Inquiry) Act, 1968. The declaration made by a judge to the competent authority was not to be made public or disclosed, and also not be called for or put into question by any citizen, court or authority, and save as mentioned above, no Judge was to be subjected to any inquiry or query in relation to

the contents of the declaration by any person.

Several Members opposed the introduction of the Bill as soon it was introduced by Shri M. Veerappa Moily, the Minister in charge of the Bill. The main objection of the opposition related to a clause that stated that while the Supreme Court and High Court Judges were to declare their assets, these would not be made public.

Most of the Members wanted the removal of this clause. The Leader of the Opposition in the Rajya Sabha, Shri Arun Jaitley, contended that the protocol of candidates requiring to file a declaration with regard to assets and liabilities when contesting elections should also apply to the higher Judiciary. Shrimati Brinda Karat (CPI-M) and Shri D. Raja (CPI) opposed the introduction of the Bill on ground that it violated the very basic feature of the Constitution of India which was equality of all citizens before law. Smt. Jayanthi Natarajan (INC) requested the Minister to consider the objections raised by the Members of the House and refer the entire Bill to the Standing Committee for further discussion. Shri Ram Jethmalani (Nominated) said it created a suspicion in the public mind that the Judiciary was seeking favour from the government, the favour being putting the Judiciary on a higher pedestal and not disclosing their assets which might destroy the independence of the Judiciary. The opposition Members insisted on taking the consent of the House on the matter of introduction of the Bill. The Deputy Chairman decided to put the matter to the vote of the House when the Minister sought to introduce the Bill and the opposition insisted on a

division. Shri Moily soon after announced to defer the introduction of the Judges (Declaration of Assets and Liabilities) Bill, 2009.

In another instance, the motion for consideration of a Bill in the Lok Sabha had to be deferred as the opposition took a strong view of the absence of the Minister concerned.

The motion for consideration of the Rubber (Amendment) Bill, 2009 was opposed in the Lok Sabha by the Members belonging to the main opposition party on 6 August 2009 as it was moved not by either the Minister of Commerce and Industry or the Minister of State of the Ministry of Commerce and Industry, both of whom were abroad on tours but by some other Minister of State. Smt. Sushma Swaraj, the Deputy Leader of the Opposition in Lok Sabha, took exception to the absence of the Ministers concerned especially when a Bill was to be passed by the House. She alleged that the government was not serious about the Bill otherwise the Ministers concerned would have been present in the House. The Minister of Parliamentary Affairs and the Minister of Water Resources, Shri Pawan Kumar Bansal, said the government had tried to bring the Bill earlier but due to some reasons, it had to be brought on 6 August when coincidentally, the Ministers concerned were away in connection with some important pre-decided international conference. He said that since the Speaker had allowed another Minister to move the Bill, the opposition should cooperate in passing the Bill. Smt. Swaraj said if it was not essential to pass the Bill urgently, it might be deferred till the next session of the Lok Sabha in November 2009.

As the opposition did not relent and interruptions continued, the Deputy Speaker of Lok Sabha, Shri Kariya Munda, who was in the Chair, adjourned the House. When the House reassembled, the Parliamentary Affairs Minister announced to defer the consideration of the Bill keeping in view the wishes of the Members of the House. He,

however, said that this was not the first such occasion when some other Minister was to move the motion.

The rule also provided that if the Member in charge of the Bill was unable to move the next motion, he may, with the permission of the Speaker, authorize another Member to move that particular motion. Smt. Swaraj, thereafter, said if

THIRD READING: INDIA

The Central Universities Bill 2009

In India the present level of Gross Enrolment Ratio in the higher education sector of approximately 11 per cent, is grossly inadequate to meet the challenges of a knowledge society and economy. In light of this, the Central Universities Bill, 2008 was introduced in the (14th Lok Sabha) on 23 October 2008 for establishment of one new Central University in 12 States of India and four universities into Central Universities, in order to raise the gross enrolment ratio and increase the quality of higher education.

The Chairman of the Rajya Sabha in consultation with the Speaker of the Lok Sabha, had referred the Bill to the department-related Parliamentary Standing Committee on Human Resource Development for examination and report. The Committee presented its report to the Rajya Sabha and to the Lok Sabha on the 17 December 2008, making 15 recommendations and suggested amendments to certain clauses of the Bill. It recommended that the Bill be passed after incorporating the amendments suggested.

Since the proposal had been under consideration for some time, a number of preparatory steps were required to be taken for operationalizing the universities in time for the next academic session.

The government was of the view that immediate action was required to give effect to the provisions of the aforesaid Bill incorporating therein some recommendations of the department-related Parliamentary Standing Committee on Human Resource Development.

Subsequently the government brought forward the Central Universities Bill, 2009.

•The thrust of the Bill was to establish and incorporate universities for teaching and research in the various states and to provide in the various States and to provide for matters

the opposition in the past was not vigilant and allowed such a thing to happen, it did not mean that today’s opposition also would allow it again.

She, however, thanked the Minister for taking into consideration the feelings of the opposition in deferring the consideration of the Rubber (Amendment) Bill, 2009.

connected therewith or incidental thereto.

•Provisions have been made for the establishment of universities and the effect of these establishments.

The Objects of Universities are to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and to pay special attention to the improvement of the social and economic conditions and welfare of the people, their intellectual academic and cultural development.

The Powers of Universities include:

•To grant, diplomas or certificates to, and confer degrees or other academic distinction on, persons, on the basis of examinations, evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; and

Ancillary Provisions include that:

•Universities are to be open to all castes, creed, race or classes;

•The President of India is designated as the visitor of the University; and

•Statutes of the universities also envisage constitution of Board of Studies & Finance Committees, Executive & Academic Councils and their powers and functions.

The Bill was welcomed by all sections of the House as a much needed initiative keeping in view the knowledge requirements of the country. It was passed by the Lok Sabha on 19 February 2009 and by the Rajya Sabha on 24 February 2009. The Bill as passed by both Houses of Parliament was assented to by the President of India on 20 March, 2009.

TACKLING GANG CRIME IN NEW ZEALAND

Gangs and organized crime legislation

The Gangs and Organized Crime Bill was introduced by the National-led government in its first 100 days in office and read a second time on 10 September 2009. The legislation increases the penalty for participating in an organized criminal group, clarifies the evidential requirements to prove that offence, expands police surveillance powers in respect of gang communications, and provides greater powers to remove gang fortifications.

The Minister of Justice, Hon. Simon Power, who during the second reading debate noted the “high degree of cross-party support” for the Bill, said the Bill had been carefully crafted to ensure that it did not infringe on fundamental rights of association and expression, and that he was pleased that “no amendments to the Bill were required to ensure compliance with the New Zealand Bill of Rights Act”.

Hon. Clayton Cosgrove (Labour) agreed with the Minister that “some of the most insidious crime in our society is perpetrated by gangs and organized crime, and often it is done below the radar”. Mr Cosgrove said that this crime was often related to violence and preying on the young in order to traffic drugs. He made the point that the previous Labour government had similar

legislation before the Law and Order Committee when National came to power in November 2008.

Ms Sandra Goudie (National) emphasized that the Bill was not just about gangs but also about organized crime, or crime perpetrated by any organized group. “This includes white-collar crime perpetrated by an organized group of people or an organized criminal enterprise”.

Hon. David Parker (Labour) said Labour Members had

Hon. David Parker

drawn the line at the recently passed gang patch legislation that had been promoted as a local Bill on behalf of the Wanganui District Council, because they did not think it would work. However, he considered that the Gangs and Organized Crime Bill was in a different category: “We think the legislation will make a difference.”

Mr Locke said his party

opposed the Bill, but not because of a disagreement with its aim to deal with criminality—particularly organized criminality such as robbery. “The approach of this Bill is to lengthen the sentence for participating in an organized criminal group from five years to 10 years, but that will only fill up our jails more and more. As we know, jails are often schools for crime more than places for rehabilitation.”

Mr Locke also criticized the definitions relating to a person’s participation in an organized criminal group. “We see that they are vague, and it is difficult to apply legislation with such vague definitions to organized criminal groups.”

The Bill was divided into the Crimes Amendment Bill, the Local Government Amendment Bill, and the Sentencing Amendment Bill No. 3, which received their third readings and passed on 28 October, by 108 votes to 14, with the Green Party and the Maori Party opposing them.

Treaty of Waitangi Claims Settlement Legislation

The Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill, which had its third reading on 30 July, represents “the final settlement of all of the historical Treaty of Waitangi claims…that relate to the Port Nicholson Block, which lies within the Wellington and Hutt

Valley areas.” (Hon. Christopher Finlayson, Minister for Treaty of Waitangi Negotiations). Mr Finlayson explained that “the Crown failed to ensure that the agreements reached in 1839 by the New Zealand Company—and, later, the Crown—and those iwi [tribes] who now make up Taranaki Whanui were, in fact, honoured. Those iwi also suffered a loss of their connection to Wellington Harbour, their forests, their waters, and their natural resources in the Port Nicholson

Block. The deprivation caused by those losses cannot be measured. This Bill enables the Crown both to recognize its past wrongs and to provide some atonement for its actions and inaction”.

Hon. Maryan Street (Labour) looked forward to the implementation of the “plans that Taranaki Whanui ki Te Upoko o Te Ika have for their people”, including “partnerships with industries that will provide exciting, quality, skilled, and long-term possibilities for their people.”

However, Ms Metiria Turei (Co-Leader—Green) thought the settlement “highlights the flaws of the process that the Crown has established”, saying “what is returned…to iwi…is just a tiny…percentage of what was taken”, and “not all

Members within this settlement are happy with the process, and some have split away”. She argued that “until the process is one where Maori are at the heart of it and are decision makers over how the process is structured, we will not have a truly comprehensive and durable settlement process for these issues”.

Speaking in the second reading of the Whakarewarewa

and Roto-a-Tamaheke Vesting Bill, which had its second reading on 22 September, Hon. Dr Pita Sharples, Minister of Maori Affairs, explained that the Bill “transfers…recreational reserve lands…which together make up the Whakarewarewa Valley…to the iwi of Ngati Whakaue and Tuhourangi Ngati Wahiao”. Dr Sharples explained that the Bill “supports cultural identity in so many ways,

including the fast-emerging trend of iwi management of critical cultural assets”, and that “the iwi have agreed to maintain the reserve status, which creates an ongoing relationship with the Minister of Conservation”.

Te Ururoa Flavell (Maori Party) commented that “it will be a great day to witness the return of this taonga [treasure] to the rightful owners”.

THIRD READING: NEW ZEALAND

Road user charges Amendment Bill

On 6 August 2009, Hon. Nathan Guy, Associate Minister of Transport, moving the third reading of the Road User Charges Amendment Bill, said that the Bill – as well as ensuring adequate notice of roaduser charges increases – would “enable the exemption of light electric motor vehicles from the requirement to pay road-user charges. Recent advances in vehicle technology will see zeroemission or very low-emission vehicles in our market as early as 2010. These new vehicles will be powered, either wholly or partly, by electricity. Electric vehicles are beneficial: while providing the choice of flexible and personalized transport, they are more efficient and cheaper to run than conventional vehicles. They will reduce our need to import fossil fuels and, when combined with smart metering technology, will increase road and electricity security against energy disruptions. Electric vehicles release little or no toxic emissions, and they have the potential to substantially reduce transport greenhouse gas emissions. In 2013 the exemption will cease, and owners of light electric motor vehicles will revert to paying the full cost they impose on the roading network—an important principle of our road-funding system”.

Hon. Darren Hughes (Labour) said that although Labour welcomed the Bill, it was “very timid legislation. It is disappointing that [the Bill] is anticipating only 300 of these vehicles being on the road between now and 2013”.

Hon. Pete Hodgson (Labour) objected that “no planning is going on around the advent of electric vehicles into this country.

“There is no planning law about what type or types

of recharging we might have—induction, plug-in, or whatever. There is no standard set for safety around those forms of recharging. We do not have any infrastructure in place for the advent of these vehicles, so the early movers will have to make it up as they go along”.

Ms Sue Kedgley (Green) asked “why would anyone not support electric cars? After all, they will make our fleet more efficient, they do not have emissions, they will reduce our dependence on oil, and they will be a tiny step towards New Zealand becoming energy independent, and so forth”. However, she questioned the “underlying strategy behind the rather modest Bill”, and suggested two reasons why it was being “rushed through Parliament”; the first being that “National Members can go around…claiming that National is somehow taking leadership in clean, green transport. The second reason is that it justifies, in National Members’ minds, business as usual when it comes to transport, which means building more and more roads for more and more cars. This Bill is like a fig leaf; somehow the government can justify [its] incredibly short-sighted policy because we will have electric cars. Yes, electric cars are great; we strongly support them. But let us not use them to provide a justification, a panacea, for increasing our focus on roads, and for running down public transport like rail”.

Ms Kedgley also mentioned the Bill’s reference to “the ability to alter the rates of road user charges, particularly referring to trucks” and asked why the government “is giving incentives so that…huge trucks will be carrying our heavy freight instead of the rail network”.

The Bill was passed unopposed.

Hon. Maryan Street

The Bill passed its third reading on 28 October.

Special air services deployment to Afghanistan

On 18 August the House held an urgent debate on the deployment of Special Air Services (SAS) personnel to Afghanistan. Mr Locke, in moving that the House take note of an urgent matter of public importance, stated the Green Party’s opposition to “the government’s decision to send the SAS back to Afghanistan. We do not want our soldiers fighting and dying in an unjustifiable war that is not helping the Afghan people. Half of the New Zealand people, according to public opinion polls, are against the commitment of our special forces. The government’s arguments for sending the SAS to Afghanistan just do not stand up. It is claimed that this decision will help the Afghan

people, yet, clearly, the American-led offensive has so far only strengthened the extremist Taliban. The government’s decision to send the SAS is very disappointing in another way. What is at stake here is the continuation of the path New Zealand has been taking for some years towards a more independent foreign policy, whereby New Zealand is constructively engaged in

peacemaking and peacekeeping”.

The Minister of Foreign Affairs, Hon. Murray McCully, said: “The decision to yet again deploy the SAS into Afghanistan in the near future was a decision taken after careful reflection. It was made in the context of the wider review of New Zealand strategy in relation to Afghanistan. It was made in the light of the review of the wider international effort in Afghanistan that has taken place over recent months. Above all, the decision was made after determining that the further deployment of our SAS in Afghanistan was in the national interests of New Zealand and New Zealanders. New Zealanders are a highly mobile people. All New Zealanders today have the strongest interest in reducing the threat of international terrorism and the ability of Afghanistan to play host to the terrorist groups that are present there.”

The Leader of the Opposition, Hon. Phil Goff, emphasized that “if the SAS goes back to Afghanistan, its personnel will go with the thoughts and prayers of everyone in this House for their safety”, but he added: “in its last term in office the Labour government made a considered decision not to recommit our SAS forces and it did so for very good reasons. In government, I have contributed to decisions that have seen our people placed at risk—in Afghanistan, with our SAS, where we were one of the first countries in after September 2001, and in Bamian [province], where we were the third country to set up a provincial reconstruction team. But…after the third rotation of SAS forces came back in November 2005, the Labour government reassessed the situation and

decided not to recommit the Special Forces. The big difference that had occurred was that the conflict had moved from being about rooting out international terrorist forces of Al-Qaeda to a much more local conflict between disparate ethnic, religious, and political elements in Afghanistan. In Bamian…we have won the battle for hearts and minds. We have helped

establish stability and security, we have provided the basis for development…I cannot understand why we would swap commitment to something that was working well at lower risk to New Zealand lives for something that is absolutely unproven as to its effectiveness and has a much higher risk to New Zealand lives.”

Pacific Islands Tsunami

On 13 October the Prime Minister, Hon. John Key, moved in the House a motion expressing Parliament’s sympathy and concern following the recent Pacific tsunami, and described how “on Tuesday 29 September, after a magnitude 8.3 earthquake the sea rose up and struck several islands in Samoa, American Samoa, and Tonga with overwhelming force. It destroyed villages, devastated communities, and

tore families apart. It took the lives of approximately 190 people, and changed for ever the lives of thousands more. On behalf of this House and all New Zealanders, I express our deepest sorrow and condolences to those who lost loved ones in this tragedy”. He added “from the very worst of events we often see the very best of the human spirit. We saw that spirit in the stories of great bravery that have been told over the past weeks, where people risked everything to warn others and save many lives”. Mr Key noted the amount of help on the ground that New Zealand was providing, through individuals and agencies.

Hon. Annette King (Deputy Leader—Labour) commented that “New Zealand has, for a long time, had a strong relationship with Samoa, Tonga, and American Samoa, and the deaths of around 190 people have touched the lives of many people in all countries. But we are more than close neighbours. Thousands of Samoans and Tongans call New Zealand home. We are linked culturally, be marriage, by birth, and by history, and that is why we all stand as one to help our Pacific friends. We share their grief”.

Hon. Luamanuvao Winnie Laban (Labour) said that when she heard about the impact of the disaster, “I knew that I must

Hon. Phil Goff

Hon. John Key

Hon. Annette King

go to Samoa. Seeing what has happened on the ground was deeply disturbing. Fales were wrecked, churches demolished, villages in ruin,

bodies on the beach, and people were scared, traumatized, and in shock. What the news coverage does not show is the spirit and faith of our people…the love, the reciprocity, and spirituality, and our deep belief in God’s love and strength. I was encouraged by the way that we became one people, one family, in these difficult days.”

Obituary – Sir Howard Morrison

Speaking to a motion on 24 September marking the death

loved entertainers this country has seen. From his early days as a member of the Aotearoa Maori Concert Party to the enormously popular Howard Morrison Quartet, and throughout his illustrious solo career, Sir Howard Morrison took New Zealand and Maori culture to the world. Sir Howard was no ordinary entertainer. As well as using music to cross national and cultural boundaries, he devoted much of his life to his people, and made enormous contributions…to Maori youth programmes around the country. He was an entertainer,

a statesman, and a true New Zealand icon who led by example. In his lifetime Sir Howard touched the hearts of people throughout the world and with his passing, New Zealand as a nation has lost one of its beloved sons”.

Ms Flavell said: “He made us proud of Aotearoa. “Howie the Maori” as he was often called, pioneered, along with many others, that Maori entertainer style, with that wicked sense of humour that endeared him to audiences and often made him centre stage even when he was not performing. But his talents extended way beyond the

concert hall in the way that he was determined to express his love for his country across many spheres of influence.”

THIRD READING: NEW ZEALAND

Anti-money Laundering and Countering Financing of Terrorism Bill

The Anti-Money Laundering and Countering Financing of Terrorism Bill had its third reading on 15 October. The Minister of Justice, Hon. Simon Power, explained that its purpose was to “improve our ability to detect and deter money-laundering and terrorist financing, which is vital to our fight against domestic and international organized and financial crime and terrorism. The proceeds of financially motivated crime—including drug-related crime, property-related crime, fraud, and tax evasion—are significant. Local and international criminals have shown themselves to be willing to use our comparatively safe and stable financial sector to launder the proceeds of these activities. This legislation will improve our ability to investigate organized crime and to follow the money trail though financial systems. This Bill goes hand in hand with the Criminal Proceeds (Recovery) Act, passed in April, which will be used to attack those profits. The passage of the Bill into law will help to maintain New Zealand’s international reputation and confidence in our financial trading system. Most of New Zealand’s financial trading partners have already implemented robust anti – money-laundering and countering financing of terrorism regimes”.

“changes that needed to be made” to the Bill. “This Bill is nothing like the Bill that was introduced some months ago. I think the problem actually arose when the government shifted away from focus on harmonization with Australia. If we want to understand the Bill as introduced and the Bill that came out of the select committee, we have to look at two quite different approaches. One is a risk-based approach, and that is the one that has been implemented in Australia. The other is a very prescriptive set of rules—one ticks the boxes, and one has to do things in a particular way in order to proceed. I think the Australian, risk-based approach is the way to go. It made absolutely no sense to me, whatsoever, that this National government, of all governments, which says it is the friend of business, introduced a Bill with a whole set of prescriptive rules. We now have a good Bill that Labour can support.”

of Sir Howard Morrison, Hon. Heather Roy (Deputy Leader— ACT) described Sir Howard as “one of the greatest and most

Hon. Lianne Dalziel (Labour) expressed disappointment at Mr Power’s failure to acknowledge the contribution of Labour Members to making the

Mr Keith Locke (Green), in supporting the Bill, commented that the risk-based system “means that instead of banks having to run around getting multiple sources of identification from low-paid workers, beneficiary customers, and people who are more transient, and wasting all their time on people who would not even have the resources to be money-launderers, they are now able to concentrate on the people who really are a problem”.

The Bill was passed unopposed.

Sir Howard Morrison

Hon. Luamanuvao Winnie Laban

©Sunday News

Hon. Heather Roy

SRI LANKA

VOTE OF ACCOUNT PASSED IN SRI LANKA

The Minister of Public Administration and Deputy Finance Minister Dr Sarath Amunugama presented the Vote on Account of the government expenditure of Rs. 362,687,974,000 for the first four months of year 2010, before Parliament on 3 November 2009.

According to the Vote-onAccount the total amount of expenditure should be paid out of the consolidated fund to the Advance Account.

As Dr Amunugama presented the proposals, the UNP raised objections, saying a vote on account contravened the Fiscal Responsibilities Act. Speaker W.J.M. Lokubandara said it was agreed that a Vote on Account be presented at the party leaders’ meeting which would then be published by the media. He said Parliament was vested with powers to present a Vote on Account on special occasions under the provisions of 26(1) of the Fiscal Responsibilities Management Act, “so my decision is the Vote on Account can be presented”, declared the Speaker.

The Vote on Account comprised of recurrent expenditure of Rs.197, 478,109,000, capital expenditure of Rs.158, 987,398,000 and advanced account activities of Rs.6, 222,467,000.

The total government expenditure for the first four months of the year was

accounted as Rs. 36.2 billion.

The highest allocation was made for the Defence Ministry and funds for the ministries of Education and Health were also considerably increased. The present Parliament ends its term in April 2010 and will be followed by a new government after a parliamentary general election.

Dr Amunugama said the new Parliament to be convened

in April would be able to present a new budget. The Minister added however, that it would be an alliance government which would be reelected in the next general election with a two third majority. Sri Lanka achieved a four per cent economic growth at a time when other countries in the world were marching backwards economically. The government aims to achieve a six per cent economic growth next year. The Minister hoped to receive foreign aid amounting

to two billion rupees next year. He added that plans had been made to put Sri Lanka in a correct economic growth path within the next four to six years.

Prime Minister Hon. Ratnasiri Wickramanayake while joining the debate in Parliament informed that the government had embarked on a massive development drive in the aftermath of the war.

Speaking during the Vote on Account debate, the Premier said Sri Lanka, through its strong economic policies, facilitated speedy development and investment.

"We are following efficient policies and strategies in a transparent manner to promote investment and economic development to ensure a high standard of living," Prime Minister Wickramanayake said. Arrangements have been also been made to develop and rehabilitate the road network under an estimated cost of Rs. 494,385 million.

"We have been able to prepare a proper mechanism for the country's road structure which will contribute largely to accelerate development activities," he added.

Construction work of the southern highway was progressing, while Bentota, Manampitiya and Katugastota bridges had already been vested to the public. Plans were afoot to provide electricity for 90 per cent of the population in the country by 2010.

W.J.M. Lokubandara

"We have targeted to add an additional power supply of 200 MW to the national electricity grid due to increased domestic and commercial electrical needs of the people," claimed the Prime Minister.

Meanwhile, US$ 90 million has been allocated to provide a power supply of 270 MW to the national electricity grid next year.

The Trincomalee coal power plant project is being constructed with both local and Indian funds amounting to Rs. 8,000 million, whereby the government planning to invest Rs. 4,400 million out of Rs. 12,000 million for the project. "We have also taken steps to provide drinking water and sanitation facilities for the betterment of the people.

The Australian government has pledged to finance several drinking water projects, while the Jaffna water supply and sanitation project will be completed by 2011 at a cost of Rs. 11,000 million. The government has invested Rs. 8,000 million for the project, the Prime Minister said. Around 600 community water supply and sanitation projects are nearing completion, the cost being in the region of Rs. 799 million.

"We have taken measures to create Sri Lanka as the best naval hub in the Asian region. Under this, the Colombo Port expansion project is underway with financial assistance from Denmark. It will be completed by 2011.”

The Hambantota Port is currently under construction with financial support from Sri Lankan and Chinese governments, Premier Wickramanayaka said.

Meanwhile, the Galle Harbour development project and Weerawila Airport project will be completed by 2012 under an estimated cost of Rs.

6,000 million and Rs. 12,500 million.

In order to strengthen public transport, the government has imported 100 railway carriages and 15 power sets at a cost of Rs. 5,000 million from China. The government has invested Rs. 1,400 million for the project.

Construction work of the Matara-Kataragama railway line has been initiated at a cost of Rs. 6,000 million, he said.

The Kelani-valley railway line spanning to Hambantota via Ratnapura will be constructed at a cost of Rs. 17,500 million. Meanwhile, the Menik Ganga development project and Deduru Oya project are under way at a cost of Rs. 1,400 million and Rs. 720 million.

The government has also allocated Rs. 32,000 million and Rs. 21,000 million and Rs. 24,000 million for the development of Health, Education and Science and Technology sectors.

Finance and State Revenue Minister Ranjith Siyambalapitiya told Parliament that the Vote on Account being debated in Parliament contained the funds and allocations needed for the salary increments that the government had pledged for public sector employees to be granted from January next year.

The government moved the Vote on Account for giving an opportunity to the newly elected government to present

its fresh budget, he said.

On 5 November 2009 the Motion of Vote on account presented by Sri Lanka's United People’s Freedom Alliance (UPFA) government for the first quarter of the year 2010 was passed in the Parliament with a majority 47 votes. The government’s proposal received 125 votes and 78 voted against when voting took place after a three-day debate.

The main opposition, United National Party (UNP), People’s Liberation Front (JVP), Sri Lanka Muslim Congress (SLMC), Tamil National Alliance (TNA) and Parliamentarian Mr Mangala Samaraweera cast their votes against the Vote on Account.

THIRD READING: AUSTRALIA

Foreign State Immunities Amendment Act 2009

The Foreign State Immunities legislation enables a foreign state and its emergency management personnel to be immune in court proceedings for acts or omissions that occur in the course of the foreign State providing emergency management assistance to Australia.

The Attorney-General, Hon. Robert McClelland, MP, stated that the legislation “is directed to ensuring that the states and territories have access to logistical support from overseas to assist them during bushfire seasons”.

For some years now, the United States and Victoria have participated in a cooperative exchange programme for fire suppression resources. The Minister explained that the “programme permits firefighters and equipment from one country to be deployed to the other country to provide vital operational assistance during the bushfire season”.

Mr McClelland noted that “one aspect of the new agreement which remains outstanding is the status of the United States and its firefighters in legal proceedings that may potentially be brought in Australia”.

Currently, under section 13 of the Foreign States Immunities Act 1985, foreign state

immunity does not extend to proceedings concerning death, personal injury or property damage arising from acts or omissions in Australia. This means that foreign governments could be exposed to legal proceedings as a result of sending their personnel to assist in emergencies in Australia.

The Minister stated that the amending legislation inserts a power “for the Governor-General to make regulations so that a foreign state that assists the Commonwealth or a state or territory in preparing for, preventing or managing emergencies or disasters is immune from tort proceedings arising out of that assistance”. The immunity would not apply in any criminal proceedings. The agreement under negotiation provides for a reciprocal immunity to be granted to Australia and its firefighters under United States law.

The Shadow Minister for Justice and Customs, Hon. Susan Ley, MP, noted the oppositions’ clear support for the legislation. She noted the significant contribution made by U.S. firefighters who had travelled to Australia over the years to help the country’s authorities. Ms Ley also noted the reciprocal contribution made by Australian firefighters which first started in 2000.

DEBATING THE EMISSIONS TRADING SCHEME IN AUSTRALIA

The Australian Parliament is currently locked in a battle about the merits of legislation proposing the establishment of an emissions trading scheme. The legislation is the Carbon Pollution Reduction Scheme 2009 Bill (CPRS) which has been introduced for the second time.

The legislation was first introduced in May 2009 but was defeated in the Senate. If the legislation is rejected a second time in the Senate then it will become a double dissolution trigger for the government. The potential for a double dissolution election has created some urgency within the Coalition to consider the legislation in more detail a second time round.

The CPRS legislation proposes the establishment of a cap and trade scheme. The government’s emissions target for 2020 is a commitment to reduce emissions by at least 5 per cent compared to 2000 levels, irrespective of commitments by other countries. The Minister Assisting the Minister for Climate Change, Hon. Greg Combet, AM, MP, commented that “assistance will be targeted to the most emissions-intensive tradeexposed activities. From the first year of the CPRS, highly emissions intensive activities

will have an effective rate of assistance of almost 95 per cent, and less emissions intensive activities will have an effective rate of assistance of 66 per cent”.

Mr Combet stated that “market-based approaches that deliver a price on carbon will reduce greenhouse gases at least cost, and that an emissions trading scheme is the best market based approach”. The CPRS has broad coverage applying to approximately 75 per cent of Australian emissions. Mr Combet explained that agriculture is not currently in the CPRS but the government has not ruled out including it in the future from 2015 at the earliest.

The electricity sector will

receive concessions in certain cases. Free permits will be issued, on a one-off basis over the first five years of the CPRS, to investors who purchased or constructed

coal fired generation assets prior to the Commonwealth government’s announcement of its support for an emissions trading scheme. In addition, emissions intensive coalmines will receive

transitional assistance to adjust to the introduction of the CPRS.

In response to the CPRS, the Leader of the Opposition, Hon. Malcolm Turnbull, MP, stated outright that the “scheme is flawed and in its current form will cost Australian jobs and investment, and simply export rather than reduce global greenhouse gas emissions”. In addition, he argued that the government should defer consideration of the legislation until after the Copenhagen Climate Change Summit has concluded.

In relation to global warming Mr Turnbull stated

Hon. Greg Combet

Hon. Malcolm Turnbull

that “there are varied opinions within the community about the causes and the consequences of climate change but most

scientific opinion holds that our planet is warming because of human caused emissions of CO2 and other greenhouse gases”.

However, there is not complete agreement within the Coalition on the issue of the contribution that humans make to global warming. Sen.

THIRD READING: AUSTRALIA

Migration Amendment (Abolishing Detention Debt) Act 2009

The Migration Amendment (Abolishing Detention Debt) Act removes the liability for immigration detention and related costs for certain persons and liable parties and extinguishes all outstanding immigration detention debts.

The Parliamentary Secretary for Multicultural Affairs and Settlement Services, Hon. Laurie Ferguson, MP, commented that “the Rudd government is committed to establishing a fairer and more humane and effective system of immigration detention”. He noted that “the government considers that fairer and effective immigration detention policies and strong border security measures are not incompatible”.

Mr Ferguson stated that the legislation strikes “an appropriate balance by abolishing an ineffective system that penalises former detainees with enormous debt burdens, while ensuring that liability for detention costs remains a deterrent in relation to convicted illegal foreign fishers and people smugglers”. In supporting the case for abolishing detention debts, Mr Ferguson cited the findings of the Senate Legal and Constitutional Committee in 2006 which stated that “the evidence clearly indicates that the imposition of detention costs is an extremely harsh policy and one that is likely to cause a significant hardship to a large number of people”.

Similarly, the Joint Standing Committee on Migration (JSCM) recommended that the government introduce legislation to repeal the liability for immigration detention costs, and immediately waive all existing detention debts for all current and former detainees. The JSCM also brought attention to the administrative inefficiencies of the policy noting that since 2004-05 less than 2.5 per cent of the detention debt had been recovered.

Mr Ferguson commented that “it is significant that no other country with immigration detention facilities holds people liable for their detention debts”.

The Shadow Minister for Immigration and Citizenship, Hon. Dr Sharman Stone, MP, opposed the legislation. She noted that the policy of billing people for the cost of their detention was introduced in November 1992 by the then Labor Government. Dr Stone stated that “given the fact that detainees who make a successful bid to remain in Australia, and eligible third parties, very rarely pay any detention debt, virtually nothing, in effect, changes with the amendments introduced by this bill other than the principal itself”.

Dr Stone indicated that the detention statistics show that detainees are in detention for less than three months which creates debts of around $10, 000 and not the hundreds of thousands referred to in discussing this amendment. She stated that “nonetheless, the Coalition agrees that such comparatively smaller amounts should still be waived or

the Hon. Nick Minchin, Leader of the Opposition in the Senate, stated in a television interview that a majority of Coalition

written off if the asylum seeker cannot pay”. Dr Stone commented that “abolishing the detention debt principle is going to remove one more deterrent in the way of people smugglers arguing now that Australia has a wide-open backdoor”.

Dr Stone argued that Labor’s border protection policies were resulting in less deterrence to people smugglers. She stated “right now, people smugglers are telling their customers that the Rudd Labor government has reopened the back door to Australia—with the 22nd boat since August 2008 arriving yesterday”.

Dr Stone concluded that “abolishing the in-principle payment of the costs of detention is a measure that, along with abolishing temporary protection visas, abolishing the 45-day rule, which says that you should seek asylum within 45 days of arriving in this country, introducing another protection visa category for those who do not at the moment comply with UNHCR categories, gives comfort to the people smugglers, who are offering their passages to people desperate to have a new life in Australia”. She stated that “we cannot support the further watering down of border protection policies and the integrity of our humanitarian refugee programmes”.

The Liberal Party, however, was not unanimous in its opposition to the legislation. Mr Petro Georgiou, MP, advised the House that he would be supporting the legislation. He commented that the legislation “takes another step towards closing a dark chapter in our history”. Mr Georgiou further stated that: “This dark chapter is about the incarceration of men, women and children behind razor wire in isolated locations. It is about the imprisonment of innocent people for periods longer than criminals convicted of serious felonies. It is about the demonization of people fleeing persecution. It is about the denial of psychiatric attention to sick people to whom the government owed a duty of care. It is about conditions in detention centres that traumatised not just the detainees but also their guards. It is a chapter about lip sewing and suicide attempts. It is a chapter about harming people fleeing persecution that asked for and were entitled to protection in our country.”

Mr Georgiou explained that “this chapter” is a stark contrast to the previous openness and compassion. He stated that “some Members will recall 1976, when our country was faced by the unprecedented challenge of Indochinese boat people. Two thousand of them landed on our shores in a handful of years. Some people proposed that we should put them into detention centres or push the boats back. The Fraser government, supported by the opposition, rejected this. We accepted the Indochinese refugees into our society and we participated in an international effort which resettled almost 1.5 million people from Indochina across the world, with about 130,000 of them coming to Australia”.

Members did not accept that global warming was caused by man-made carbon emissions.

Mr Turnbull advised that the most important amendments and changes that the Coalition are advocating “are, firstly, placing Australian emissions-intensive tradeexposed industries—the EITEIs—on a level playing field with their competitors abroad; secondly, excluding direct agricultural emissions from the scheme and providing a mechanism for farmers to earn offset credits when they abate carbon; thirdly, ensuring Australian coal producers reduce their fugitive emissions but are not unfairly financially penalised

compared to their competitors; fourthly, moderating the impact of higher electricity prices on small businesses; fifthly, providing more assistance to the coal fired electricity generators to ensure they remain financially viable and the lights stay on; and, finally, encouraging complementary abatement measures such as voluntary action and energy efficiency in buildings”.

Mr Turnbull concluded that “with these changes, the CPRS could deliver

exactly the same environmental outcomes— the delivery of the bipartisan carbon abatement targets that the Rudd government will take to the Copenhagen climate change talks in December—with much less economic cost and dislocation”.

At the time of reporting, there was no certainty that the CPRS would pass for a second time. As mentioned at the start, if the CRPS legislation is rejected again in the Senate then a double dissolution trigger exists and Australia could be headed for an early election. A further update on the CPRS will be provided in the next edition of The Parliamentarian.

Appointment of new Clerks

On 4 December the Clerk of the Senate, Mr Harry Evans and the Clerk of the House of Represent atives Mr Ian Harris, AO, both retired. Under the Parliamentary Services Act 1999 Clerks are appointed for a nonrenewable period of ten years. Both Clerks have made a significant contribution to parliamentary administration, procedure and practice. Both were appointed as Clerk before the Parliamentary Services Act was enacted.

Mr Evans retires after 21 years in the position. He has been notable for his vocal contributions to debates regarding the role and powers of the Senate and its duty to hold executive government to account.

The President of the Senate, Sen. the Hon. John Hogg, was the first to congratulate Mr Evans as part of valedictory statements on 19 November. Senator Hogg

commented that a small sample of Mr Evans’ achievements include

excellence in supporting and promoting the work of the Senate; and, importantly, arguing successfully for the abandoning of the oldfashioned wigs and gowns for the clerks”.

The Leader of the Government in the Senate, Sen. the Hon. Chris Evans noted that Mr Evans career is one of the great public service careers of his period.

“rewriting Australian Senate Practice as Odgers’ Australian Senate Practice in 1995 and publishing five further editions; devising innovative procedures for senators, including the bills cut-off order and devising many accountability measures such as the contracts order and the codification of procedures for making public interest immunity claims; championing the independence of the Senate and the Senate’s rights under sections 53 and 57 of the constitution; being a fearless critic of lack of accountability

on the part of the executive; leading by example and fostering in the department of the Senate a culture of

Senator Evans stated “as the longest serving Clerk of either house of Parliament since federation, Harry has crossed paths with three different governments and four prime ministers. Throughout that time he has forged a reputation as the Senate’s greatest champion, an outspoken defender of its independence, as well as a strong advocate for its role as a house of scrutiny and review. I think every government since 1988 has had its frustrations with him and has sought at various times to control or limit the power of the Senate, but they have had to confront Harry’s formidable knowledge of the Senate’s powers and processes and his fearlessness in defending them”.

Senator Minchin noted that “the truly distinguishing feature of Harry’s service as Clerk is his fearless championing of the great Australian institution that the Senate truly is”.

Mr Harris retires after 12 years in the position of Clerk and 37 years as a parliamentary officer. In Australia, he has contributed to the professional development of parliamentary officers through his contributions to the Australian New Zealand Association of Clerks at the Table.

Mr Ian Harris, AO

Hon. Harry Jenkins

Hon. Kevin Rudd

In addition, Mr Harris has been active internationally in enhancing knowledge and the education of Members of Parliament and parliamentary staff about parliamentary law, procedure and practice, and effective parliamentary administration.

From 2003 to 2006, Mr Harris was the President of the Association of Secretaries General of Parliaments.

When Mr Harris became Clerk in 1997 he introduced the Investors in People program to the Department of the House of Representatives to help modernise the department’s human resource management plan. During his period as Clerk there was an increased focus on leadership training and the alignment of staff development with corporate objectives. He was made an Officer of the Order of Australia in 2007.

The Speaker of the House of Representatives, Hon.

community in order to promote the parliamentary institution and knowledge of the Parliament. This has involved an engagement at the international level with a view to promoting good governance support for parliamentary administrations in emerging democracies”.

The Prime Minister, Hon. Kevin Rudd, MP, congratulated Mr Harris on his professionalism and expertise regarding practice

Ms Melissa Parke, MP, stated that “as the first President of the Association of Secretary-Generals of Parliaments to come from the Southern Hemisphere, Ian Harris helped establish parliaments in East Timor, Cambodia and Laos—and he learned French, which is the other main language of Parliaments worldwide, including incidentally that place known as the Parliament of man, the United Nations”.

commented that “Dr Laing will be the first woman Clerk of the Senate or Clerk of the House of Representatives, so it is an important appointment that more broadly recognizes the role of women in the administration of the Parliament”. Senator Minchin stated that “she has enormous experience in the Senate, an extraordinary academic background and is a great servant of this Senate; so we warmly welcome her appointment”.

Harry Jenkins, MP, stated that “one of the features of Ian’s clerkship has been the outward focus of the department and the House. This has been achieved through a strategic engagement with the

and procedure. Mr Turnbull commented in relation to Mr Harris that “your service has been extraordinary and this place—the most important meeting place of the Australian people, where the laws and the government of this nation are decided— could not operate without your commitment, your professionalism and your integrity”.

The Leader of the Nationals, Hon. Warren Truss, MP, stated that Mr Harris “served for three years as president of the Association of Secretaries General of Parliaments, the first person in the southern hemisphere to have that honour. That demonstrates the respect with which you are held around the nation and beyond”.

A former Speaker, Hon. David Hawker, MP, praised Mr Harris and amongst his achievements stated that “there was the introduction of the Main Committee, in which he was very much involved and which has been such a success—and I think the ultimate compliment was that Westminster had to copy something that was done out here in Australia”.

The new Clerk of the Senate will be Dr Rosemary Laing who has worked in the Department of the Senate for 19 years including four years as the Deputy Clerk. Dr Laing holds a BA with first-class honours from Sydney University, a Doctor of Philosophy from Oxford and a Graduate Diploma in Public Law with merit from the Australian National University.

Senator Evans

The New Clerk of the House of Representatives will be Mr Bernard Wright. Mr Wright has served in the Department of the House of Representatives for over 30 years including 12 years as Deputy Clerk. Mr Wright has a Bachelor of Arts from the Australian National University majoring in politics and Asian studies. The Prime Minister congratulated Mr Wright and

commented that “in my experience you have served members of both sides of this chamber professionally and well over many years and, again, with a spirit of absolute courtesy and consistency”. Mr Wright received similar support and praise from the leader of the opposition.

Dr Rosemary Laing

Mr Bernard Wright

Hon. Warren Truss

Hon. David Hawker

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