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TheParliamentarian Journal of the Parliaments of the Commonwealth

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2011 | Issue Three XCII | Price £12

Commonwealth Parliamentary Conference

Reinforcing Democracy

PLUS View from the Chair PAGE 190

Commonwealth Women Parliamentarians’ PAGES 236

Opening Ceremony PAGES 244

30th Small Branches Conference PAGES 250

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Calendar of Events

2011 November 24-29

Commonwealth Parliamentary Seminar, New Delhi, India

December 8-9

CPA Executive Committee meeting, London

11-15

Post-Election Seminar, Samoa

2012 January TBC

CPA Asia Regional Conference, Sindh, Pakistan

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.

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57 TH COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom 21-28 July 2011

“Reinforcing Democracy”

The 57th annual Conference of the Commonwealth Parliamentary Association (CPA), hosted by the United Kingdom Parliament, put forward policy alternatives to resolve global problems as over 600 Members and officials considered solutions to issues affecting the approximately 175 Parliaments and Legislatures of Commonwealth nations, states, provinces and territories.

The conference – which marked the centennial year of the association – also included: the two-day Small Branches Conference, a meeting of Commonwealth Women Parliamentarians, the 48th Society-of-Clerks-at-the-Table meeting, as well as meetings of the CPA Executive Committee and the General Assembly.

This issue features the plenary and workshop reports from the main conference, Small Branches and CWP•discussions, along with the opening ceremony speeches and the addresses to delegates by the CPA and Commonwealth Deputy Secretary-General.

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CONTENTS

2011: ISSUE 3

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Journal of the Parliaments of the Commonwealth Vol. XCII 2011: Issue Three 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

COMMENT

MAIN ARTICLES

Inside Issues

Commonwealth Matters

A century of Commonwealth connections – the ultimate network Page 188

View from the Chair

Strengthening the Commonwealth parliamentary network Page 190

View from the CWP

Page 198

A Commonwealth of values Page 202

Workshop A

The Commonwealth in the 21st century Page 206

Changing or rejecting culture: sharing family responsibility in the Caribbean Page 192

Workshop B

View from the Secretary-General

Workshop C

Parliament and local governance Page 194

Assistant Editor: Lisa Leaño Front cover Selected images of the 57th Commonwealth Parliamentary Conference in London.

Printed in: England by Warners Midlands, PLC; New Delhi by Jainco Art India, and Singapore by Times Printers Private Limited 186 | The Parliamentarian | 2011: Issue Three

Parliament and reforms – Raising the benchmarks Page 210 Commonwealth initiatives in handling migration issues Page 214

Workshop D

Enhancing good governance and accountability: Improving standards of probity and performance Page 218

Workshop E

The world economy and obstacles facing the Commonwealth Page 222

Workshop F

Women as agents of change: Where are we now? The way forward Page 226

Workshop G

Technological threats to international, national and personal security Page 228

Workshop H

The role of Parliamentarians in advancing the transfer of agricultural technology and research Page 232

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256

244

NEWS COMMONWEALTH WOMEN PARLIAMENTARIANS

31ST SMALL BRANCHES CONFERENCE

CPA Organization

Being an effective agent of change: Pre-requisites and modus Page 236

Commonwealth initiatives in handling migration issues Page 250

Session One

Parliamentary news:

Plenary

Countering threats to the stability of small democracies: Piracy, drug trafficking, terrorism Page 254

Rt Hon. David Cameron, MP Page 238

Plenary

Commonwealth Parliaments: Progress and challenges Page 240

Opening Ceremony Page 244

Session Two

Session Three

Women as agents of change in small societies Page 256

Page 265

New Zealand, Canada, Australia, United Kingdom, India and British Columbia.

Page 267

Annual subscription (four issues) UK: £34 post free.

Worldwide: £36 surface post £42 airmail Price per issue UK: £12 Worldwide: £13 surface post £14 airmail Opinions and comments expressed in articles and reviews published in The Parliamentarian are those of the individual contributors and should not be attributed to the Secretariat of the Association.

Session Four

Strengthening democracies in small states: Youth leadership training, citizen involvement and parliamentary reform Page 260

Promoting sustainable forest management

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INSIDE ISSUES

A CENTURY OF COMMONWEALTH CONNECTIONS – THE ULTIMATE NETWORK The Editor’s note

Among the many differences between this year’s 57th Commonwealth Parliamentary Conference, the 1st Conference in 1948 and the inaugural meeting of Parliamentarians in 1911 is one striking similarity: the parliamentary democratic tradition continues to be an invaluable bond which informs, improves, inspires and unites the Commonwealth, its Parliamentarians and Parliaments.

At each of these London conferences spanning a century of the Commonwealth Parliamentary Association, the advantages of this commonality were cited by British Prime Ministers from three different political parties: the Liberal’s Herbert Asquith in 1911, Labour’s Clement Atlee in 1948 and the Conservatives’ Rt Hon. David Cameron, MP, in 2011.

“There are in the world today some very curious perversions of democracy. They involve practices which we consider strike at the root of true democracy. It is therefore all to the good that you, who not only profess but also practice democracy, should meet

together for consultation….because developments that are called for by the condition of the modern world can be tried out experimentally in one Parliament and adopted or rejected by others in accordance with their particular needs….All of us Parliamentarians must do all we can to strengthen those traditions of fair play and tolerance which are so necessary if we are to create a real spirit of peace in the world.”

That “modern world” could be today; but Clement Atlee was referring to the post-Second World War world of 1948.

In 1911, after British and Dominion Parliamentarians had formed the Empire-nowCommonwealth Parliamentary Association, Prime Minister Asquith spoke to them of their “identity of ideals and aims” which enabled them to co-operate for freedom. A century later, Prime Minister Cameron talked to the 57th Conference in July about the Commonwealth as a network of like-minded people in the mainstream of global initiatives to resolve the problems of today’s

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modern world. A full report of Mr Cameron’s question time with delegates to the 57th Conference is included in this issue with the reports of the other conference discussions.

In this CPA centennial year, it is fitting to consider just one more historical assessment of CPA conference discussions. The highly respected former Speaker of the Indian Parliament Dr G.S. Dhillon, speaking at the 1975 Conference, said CPA meetings “make for deeper understanding of each other and better appreciation of each other’s policies and positions…and thus pave the way for active co-operation and collaboration for mutual development”. Or as Mr Cameron said of the Commonwealth in today’s vernacular: “We no longer live in a world of super powers but in a world of networks and friendships – and that makes the Commonwealth as relevant as it has ever been.”

The many differences in the conferences over the years only increase their effectiveness and importance. The 1911 meeting was

attended by six Parliaments, a number that rose to 36 in 1948 and about 140 at this year’s meeting. The first representatives were all of European descent and included women, but only as spouses. By 1948 there was still only a scattering of women but a much wider mix of races and nationalities. This year, all races and nearly all Commonwealth nationalities were represented. The number of women delegates was 62, a difference that still needs work.

In 1911, the full meeting took place in a Commons committee room. By 1948, it had to move to the much larger Grand Committee Room in Westminster Hall, a room only able this year to accommodate the CPA Executive Committee.

One difference indicates how government has expanded from 1948 to 2011: the 1948 meeting was staged simultaneously with a Commonwealth Prime Ministers meeting. While Parliamentarians were debating foreign policy and domestic issues (including migration controls, also a 2011

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INSIDE ISSUES

Commonwealth Parliamentary Conference delegates and guests at the CPA Centennial dinner and cultural evening.

issue), the Prime Ministers of Australia, Canada, Ceylon, India, New Zealand, Pakistan, South Africa and Southern Rhodesia were meeting with British Prime Minister Atlee at 10 Downing Street just down the street from Parliament. This year, Commonwealth Heads of Government meet in Australia three months after the London parliamentary meeting. Those two gatherings have grown so much over six decades that hosting two such massive meetings today in the same time and place is unheard of.

Hopefully, there will be one further difference: the first meeting was held as the First World War loomed and the second was in the wake of the Second World War. The third has broken this link, so far.

The 2011 conference, actually the sixth to be hosted by the United Kingdom Parliament, was officially opened by HRH The Princess Royal in an impressive ceremony in the 900-year-old Westminster Hall. The Speaker of the U.K. House of Commons, Rt Hon. John Bercow, MP, serving

as the 2011 President of the CPA, chaired the Conference. The opening ceremony was followed immediately by the first plenary as CPA Secretary-General Dr William F. Shija and Commonwealth Deputy SecretaryGeneral Ms Mmasekgoa Masire-Mwamba addressed the Westminster Hall gathering. Their speeches are reproduced here.

The Small Branches Conference met at the beginning of the conference period and was officially opened by the U.K. Secretary of State for International Development, Rt Hon. Andrew Mitchell, MP, with four conference delegates chairing each of its sessions. The Commonwealth Women Parliamentarians business meeting and discussion was chaired by Rt Hon. Baroness Hayman, the U.K.’s Lord Speaker, in her capacity as the 2011 President of the CWP. During the conference, the CPA Executive Committee met twice, first with Hon. Dato’ Seri Mohd Shafie Apdal, MP, Malaysia’s Rural and Regional Development Minister, in the chair. The second, held after the CPA General

Assembly, was chaired by the newly elected Chairperson, Rt Hon. Sir Alan Haselhurst, MP, of the U.K. House of Commons.

The Commonwealth Women Parliamentarians Steering Committee also met, with Hon. Alix Boyd Knights, MHA, Speaker of the Parliament of Dominica, in the Chair.

This issue contains the summaries of the plenary, Small Branches and CWP discussions which were written with the help of the following Commonwealth parliamentary officials: Mr Saidi Yakubu, Mr Pedro Eastmond, Mr John Vella, Ms Elizabeth Kingston, Shri S. Bal Shekar, Mr Charles MacKay, Mr Michael de la Haye, Ms Shernett Wolffe and Mr Peter Bennison. We are very grateful to them for undertaking this challenging task. They were joined this year by researchers from the Parliamentary Office of Science and Technology of the U.K. Parliament, so we are indebted as well to POST’s: Ms Nicola Partridge, Ms Jennie Dodson, Mr Matthew Moran and Ms Sujata Kundu.

These summaries contain not just the main points of agreement which arose during the discussions, but also the differences among delegates for these are often more illuminating.

As Prime Minister Jawaharlal Nehru said to delegates in 1957 to explain why he valued CPA discussions: “What strikes me about the Commonwealth is not so much the points of likeness, which are many of course otherwise we would not be together, but rather the points of difference which have not been allowed to come in the way of our meeting, conferring, consulting and co-operating with each other in a large measure.

And if that is good for the Commonwealth, it should be good…for the larger sphere of the world.”

As Prime Minister Rt Hon. Margaret Thatcher put it at the 1986 conference in London, among the binds that tie the Commonwealth is the parliamentary tradition, “a tradition which upholds the force of argument and rejects the argument of force”.

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VIEW FROM THE CHAIR

STRENGTHENING THE COMMONWEALTH PARLIAMENTARY NETWORK

universal aspiration amongst all our peoples for peace, I feel both honoured and humbled to have been prosperity and a desire that our children will have a better elected as Chairperson of the Executive Committee life than ourselves. The big question is how by working of the Commonwealth Parliamentary Association together in ever closer respect we can achieve those (CPA) in succession to Hon. Dato’ Seri Mohd. Shafie ends. And we need to be quick about it as young people Apdal, MP. These are changing and challenging times in all our countries are numerous and in varying degrees not only for our Association, but also for the of impatience.

Commonwealth. In my first message as Chairperson it The Commonwealth network of countries has the would be impertinent of me to set out any kind of capacity to be a global force in trade and economic comprehensive blueprint for future development. development. We must increasingly think in That would be to anticipate the final Commonwealth terms. recommendations of our internal Working Party and Already there are frontrunners: India, Canada, the response of Heads of Government to the report of Australia, South Africa, Malaysia and Singapore. Africa the Eminent Persons Group on reforms to strengthen Rt Hon. Sir Alan Haselhurst, will surely produce other future giants. Investment leads the Commonwealth. Both will inform the way in which MP to jobs which lead to individual self-esteem and stability.

CPA shapes its affairs at the outset of our second Chairperson of the CPA Commanding overall the resources human and material century.

Executive Committee and which we have, it will be a colossal failure of leadership if Beyond impertinent it would be foolish of me to Member of the House of we fail to realize the opportunities. pretend that I am uniquely possessed of a Commons, United Kingdom I do not mean to gloss over the problems. There is a Commonwealth vision. But I am a deep believer in the huge humanitarian deficit to overcome, no common Commonwealth and its potential. History can yield understanding of the proper benchmarks of human lessons for the future; but it cannot be re-written. rights and the survival of too much corrupt practice. Co-operation between We are where we are and it is what we are now which is the starting Commonwealth countries can only help to raise standards. Yet these point for every child born in the Commonwealth today just as every person difficulties cannot be wished away by pious hope or outside intervention. In born after 21 July 1969 took it for granted that man could walk on the the end each country must find its own way forward whilst not forgetting it moon. So whilst we are on this Earth we should make the best of this will have understanding friends in the Commonwealth community. extraordinary voluntary association of countries drawn from five continents Whatever the state of political and economic development each of us and innumerable islands. may think we have reached, we all have something more to learn. Good The relationships of the past have given way to a partnership of equals governance – and it does not come as an identikit package – is a in which widespread familiarity with the English language is a useful tool, fundamental foundation for progress. communication being a vital key to understanding. Although there are This is true for a country’s own population and for how other countries enormous variations of culture, geography and economic development view it as a reliable trading partner. amongst members of the Commonwealth, there is probably a near190 | The Parliamentarian | 2011: Issue Three

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VIEW FROM THE CHAIR

It is in the field of good governance that the CPA seeks to specialize.

No Parliament or Legislative Assembly and no individual elected Member should feel lonely. The CPA offers seminars and conferences whereby best practice can be exchanged between Members and Clerks.

There is much more to be done towards the empowerment of women.

Equally we must show how best to harness the enthusiasm and idealism of

youth without whose conviction parliamentary democracy will struggle to survive. I would like us to up the tempo of all these activities. Finding the means to do it has to be a priority.

Finally within the CPA itself I wish above all to achieve harmony and an overall strengthening of purpose. Parliamentarians must play their full part in an evolving Commonwealth. The CPA should be a resource from which they can all draw inspiration.

The new Chairperson of the CPA Executive Committee speaking to delegates during the General Assembly at the annual conference.

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VIEW FROM THE CWP

CHANGING OR REJECTING CULTURE: SHARING FAMILY RESPONSIBILITY IN THE CARIBBEAN with which I am intimately familiar – Dominica. Yet I would hazard a guess Ever since Edith Clarke of Jamaica presented her study of Jamaican family that some permutation of what happens in Dominica occurs in other structures entitled “My Mother who Fathered me” to the world back in Caribbean jurisdictions.

1957, our region became more mindful of the type of When I returned to live in Dominica after 29 years, my family structures that exist, not only in Jamaica, but first cases were before Magistrate Courts in the Roseau throughout the Caribbean.

District where I acted for mothers seeking maintenance Back then we were forced to recognize specifically for their children. These cases are heard on a Friday and that probably as many as half of Caribbean since the courts are small, the majority of the litigants households were one-parent families headed by a would be standing in the lanes surrounding the courts. woman – a mother. That was a result or a continuation Dominica is rain country, so there would be a mad of the slavery-inspired family structures where scramble for seats in the court whenever a shower mothers were forced to take on the role of the absent started. I noticed two things immediately: first, that most father within the family circle. of the men brought to court were not very young, and Apparently not much has changed since 1957. As secondly just after these men were ordered to pay an recently as March last year, in an article written by amount, invariable they would ask: “When can I see my Nadine Wilson in the Jamaica Observer newspaper, child?” They would be told the by the magistrate: “I have she points out that a 2005 UNICEF study shows that Hon. Alix Boyd Knights, MHA, no power under the Maintenance Act to make access 45 per cent of Jamaican households are headed by Chairperson of the orders but I am encouraging you, the mother, to let the women.

Commonwealth Women Her article was really about whether a mother can Parliamentarians and Speaker father see his child.”

It was not until 1994, when my daughter gave birth to “father”. In that article reference is made to the views of the House of Assembly, my first grandchild, that I understood why there appears of a senior male staff member of the Jamaica Bureau Dominica to be so few young men before the courts on “milk of Women’s Affairs who insists that a woman can no money day”. Can you imagine? When I went to the more “father” a boy child than a man can “mother” a nursery to see my grandchild I was confronted with a huge sign on the door girl child. I beg to vehemently differ. Speaking from personal experience as “only fathers allowed”. Imagine me, new granny, unable to enter but two a single parent of three girls, I know that isn’t so. young men just passed me and went in, while smirking at me (or so I As a matter of fact, even my children’s friends acknowledge my dual thought). I went to talk to the Ward Sister in charge. She explained that for role when they would wish me “Happy Father’s Day”. the past few years, new fathers – married or not – have been encouraged I have gone into this preamble to highlight that when we speak about to be present at the birth and also to come to the nursery and bond with shared responsibility (I’m presuming within a household) we are only their new babies. touching a little more than one half of the households of our Caribbean It occurred to me immediately why I see so few young men at court on countries.

Fridays. It may seem trite, but I attribute this shift in male nurturing responsibility in Dominica to that huge sign which effectively banned me, a Parental maintenance and support doting new granny.

Let me be quick to add that I recognize that one of the very important shared responsibilities to be carried out by a non-resident parent is Access for absent parents maintenance. Sharing the other areas of responsibilities – physical care, To the second situation I just described, of the magistrate not having power emotional care and spiritual care – may be more challenging to a nonto grant access, I adopted a hands-on approach. I had made representation resident parent.

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VIEW FROM THE CWP

Legislation should be in place to promote shared family responsibilty in the Caribbean, where women head a large number of oneparent families.

leave; but I do know that unions have been able to work such provisions into employment agreements through their bargaining negotiations.

requesting that consideration be given to amending our Maintenance Act to give the Magistrate power to make access orders and also to amend the maintenance ceiling. No use.

It was not until 2002, when I tried my hand at drafting, that I presented a draft amendment and received a favourable response from the then new Attorney General. It may have helped that I was Speaker by then. As the law now stands, an access order can be made; and at the same time the ceiling for maintenance was increased to $75 per week.

I still have difficulty with the unwillingness of the powers that be to consider doing away with that ceiling since any order made is based on a means test anyway.

My complaints that no such ceiling exists in the High Court, where ancillary matters are heard, have been ignored. I have even suggested that such a situation may be interpreted by some that Legislators place more confidence in the discretion of Judges over that of Magistrates. Still, no takers.

As for the pride of women who won’t go to court for maintenance as I exhort them to do, I point out that if they do not get that extra money, they are depriving their children of the standard of living to which they are entitled.

1. Some people think legislation moulds societal behaviour, others that societal behaviour determines what laws are necessary. Be that as it may, is it possible or even desirable, given our cultural mores, to encourage legislative activity aimed at promoting shared family responsibilities?

2. Should the procedures that I describe at our hospital be legislated, lest some new hospital administration be minded to overturn current practices?

3. What about domestic violence? How does it impact on responsibilitysharing within the family unit?

4. How successful can shared family responsibility be within a “visiting” family relationship?

5. What, if anything, should be done about men who have many children with many mothers?

Outlawing domestic violence I am on a crusade in my country trying to have the 1998 Sexual Offences Act amended to arrest the current situation of what can be construed as state-supported domestic violence – I repeat, state-supported domestic violence. Currently that Act provides that a husband cannot be convicted of raping his wife once they are not legally separated no matter how much force he uses to have his way or whatever sexually transmitted disease he may transmit. I am not aware of any studies that would indicate whether domestic violence has any impact on shared family responsibility, but I’m sure it does.

In Dominica, there is no law as yet obliging an employer to give paternity

While research indicates that the environment in which children thrive and develop best is one where both parents are present and share the responsibilities of child-rearing, please let us not forget – yes, I will say it – the many mothers who fathered so many of our professionals and illustrious Caribbean leaders of yesteryear and even today. Remember as well youngsters who grow up in single-parent homes, being bombarded from all sides about how such an environment is detrimental to their development. Can we wonder why they believe their fate is sealed and act accordingly?

I am having second thoughts and I am now wondering: Did the hand that rocks the cradle ever rule the world?

Changing the culture and changing the law Since my space is limited, and I see my role as one of an “agent provocateur”, let me throw some thoughts at you for your consideration:

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VIEW FROM THE SECRETARY-GENERAL

PARLIAMENT AND LOCAL GOVERNANCE hence the practice of constituency surgeries or The three main roles of a Parliamentarian are: passing constituency consultations. legislation, oversight of government and promoting In many instances, the people coming to seek the constituents’ interests and rights. In parliamentary assistance from their Member of Parliament would be for democracy, a Parliamentarian is usually faced by the either personal or public interest. Personal requests difficulty of not only toeing the tight line of a political would normally involve bereavement problems, party, but also checking the impact of new and existing weddings and other ceremonial events. Personal legislation on the electorate. In this “View”, I discuss requests may also be for direct financial assistance, such another potential source of difficulty: the relationship as loans or grants to the individual(s). Public interest between a constituency Member of Parliament and requests or inquiries would usually be about the need for, local government authorities. Under normal or problems in, education and training, health, utilities circumstances, there should be a strong bond (water and power), law and order, transportation, between the two parties, particularly in situations Dr William F. Shija production and employment (agriculture, fisheries, where there are no provincial or state Legislatures.

Secretary-General of the Although there are numerous differences between Commonwealth Parliamentary livestock and small/medium business), sports and recreation and the like. For a Member of Parliament to Commonwealth Regions and Branches with regard to Association successfully promote these areas for his/her local authorities, it is generally agreed that local constituents, maximum co-operation has to be obtained governance is a major factor in the effectiveness of a from local government politicians and administrators, hence the primacy of Parliamentarian. He or she has to closely monitor how the local authority local government. departments and agencies are treating the people he/she represents;

The Secretary-General’s

Dr William F. Shija (left) with the SecretaryGeneral of Commonwealth Local Government Forum, Mr Carl Wright.

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The SecretaryGeneral (right) with the former Clerk of the House of Representatives in New Zealand, Mr David McGee (left).

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VIEW FROM THE SECRETARY-GENERAL

Working with local leaders In many Commonwealth countries where parliamentary democracy is practised, local government has been set up to provide leadership close to the people. While the governance factor is discharged by district, ward and village officials, the development factor is designed and implemented by ward councillors and village leaders.

From personal experience, between 1990 and 2005, the constituency I represented in Parliament (Sengerema District in Tanzania) had a total population of 460,000 people and 25 wards, each of which elected a Councillor to sit on the District Council. Some of the wards were pastoral and agricultural; but some were islands, with fishing as the main occupation. The district centre had a number of educational institutions and commercial activities with primary processing plants. Depending on location, each of the 25 Councillors focused on different issues and areas relevant to the ward represented.

In a given district/constituency, where there are varied interests and issues, a Member of Parliament therefore needs the maximum understanding of, and co-operation with, each of the Councillors.

Councillors have their own political interests. They could undermine an elected Member of Parliament by deliberately campaigning against him/her, or by obstructing priorities. This happens particularly when the Member of Parliament goes away from the constituency to fulfil national or international obligations.

However, as it happened to me in Tanzania, development activity was maximized by the co-operation between me as the Member of Parliament and Councillors. My focus was on education and agriculture; but the two sides worked closely together in law and order, budget formulation, educational planning, promoting better agricultural and fishing practices and a host of other sector activities.

It was through such co-operation that the district community and I implemented one of the first village information technology facilities in Africa, the Sengerema Telecentre, to enhance communication for rural development. The Telecentre continues to function to date. The concept of telecentres was formulated by the United Nations Educational, Scientific

and Cultural Organization (UN ESCO) in the late 1980s when, in conjunction with the International Telecommunications Union (ITU), it worked to promote rural telephony for rural communication, education and development.

The support base of the project depended on the cooperation between the Member of Parliament and the councillors, since the latter had to form a finance committee to run the Centre and monitor its sustainability.

Sustaining the project was agreeable to the councillors because they promised to improve services in matters of distance education for modern agriculture, livestock improvement, medical services, marketing, and other areas of socio-economic benefit.

I am sure that the type of co-operation described in respect of what obtained in Tanzania must have been similarly done in other parts of Africa and the Commonwealth as a whole. In fact, I believe that there are already many success stories in this type of co-operation in the developed Commonwealth countries, as well as in the industrializing countries of India, Malaysia, South Africa and Nigeria, as well as other parts of the developing Commonwealth.

Applying available resources In many aspects of democratic practice, however, there are competing needs for resources to promote people’s welfare and exercise good governance. In the circumstances, the Member of Parliament sometimes encounters difficulty because of corruption. Where corruption sets in, local governance deteriorates fast and numerous complaints are generated, forcing the Member of Parliament to double his/her efforts to solve uncalled-for problems.

For example, in the constituency I represented for 15 years, a period in which I was a cabinet Minister and Backbencher, two public services emerged as major sources of public complaints: corruption by police and land officials. In cases where corruption involved the police and land officials, local leaders (Councillors, village Chairs, etc.) would usually be compromised, making it extremely difficult for a Member of Parliament to assist the victimized individuals or groups.

Commonwealth gallery

Dr Shija and the Commonwealth Deputy Secretary-General, Ms Mmasekgoa Masire-Mwamba (to his left) pictured with participants from this year’s Youth Parliament.

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VIEW FROM THE SECRETARY-GENERAL

There are several other cases of difficult working relationships between Parliamentarians and Councillors, based on ideological, party or personality differences. In handling cases involving corruption, information of which I obtained from my surgeries, I channelled and participated in several meetings with district officials, such as the District Commissioner, District Police Commander, District Security Officer and District Development Director to establish how groups or individuals had been victimized by public officials. The

district security organ or committee invited respected individuals (such as retired civil servants, religious leaders, et cetera) to settle cases out of court and to harmonize the relationship between individuals or groups.

This approach minimized the social acrimony and complemented the political approach in the Constituency. I publicized the successful cases through political rallies but the cases that could not be resolved under these arrangements were left to the courts to handle. In cases where

there were legitimate differences of opinion or priorities, I used my political skills to persuade individuals and groups to accept what I honestly considered to be a better choice. This was particularly the case when the District Development Committee, to which I was a member, had to decide the priorities to allocate funds to its annual budget. Actually, the lack of participation in such meetings would weaken a Member of Parliament in fulfilling their duties, to the detriment of the constituency.

Co-operating to achieve goals The prospects and problems of the relationship between parliamentary and local government work have been recognized by the Commonwealth Parliamentary Association (CPA). We have noted the need to plan programmes with a host of partners, such as the Commonwealth Secretariat and the Commonwealth Local Government Forum (CLGF) to strengthen governance at the local level.

While the structural needs of our mission to promote the

The Secretary-General’s Commonwealth gallery Below: The second Deputy Speaker of the Parliament of Ghana, Hon. Prof. Mike Oquaye, MP, (right) receiving a gift from the Secretary-General.

Above: Dr William F. Shija speaking to delegates from Maharashtra in September.

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VIEW FROM THE SECRETARY-GENERAL

advancement of parliamentary democracy are being re-examined, we must look at how visible and effective we are on the ground.

It is my view that we must continue to connect the CPA not only to all Parliamentarians and the public, but we must also strive to connect with, and show our relevance to, the local leadership and communities.

The youth in various constituencies and wards are the sources of future democratic leadership and governance.

Therefore, we are challenged to

strengthen our closest contact with the youth through local leaders.

The Little Acorns Project, introduced by the former Chairperson and accepted by the Executive Committee, promises to be one of the methods for making the CPA seen and felt on the ground. I will describe the details of the Little Acorns Project in the next issue, to urge Branches and partners to work for the success of the Project.

Also, there are several programme lines we need to work

together with the CLGF and similar partners, such as how Councils can help to realize the Millennium Developments Goals: universal primary education for selfemployment, primary (particularly maternal) health care, training and business promotion for poverty alleviation, agriculture and food security, et cetera.

With 60 per cent of the world’s population being under 30, representatives and governance bodies are challenged by the extent of the occupational placement of youths in our countries. This is

exacerbated by the minimal financial resources which the youth can access to generate selfemployment and expand the tax base.

In promoting these ideals, all our big and small countries need to be creative, co-operative and inclusive.

With huge populations still suffering from abject poverty, the resilience of local leaders is more required now than ever before. The Commonwealth partnership can show the best examples, if everyone plays a truly positive and honest role.

CPA BRANCH MEMBERSHIP FEES As Branch Secretaries are aware, a few months ago the Executive Committee adopted a new debtors management procedure.

An important part of the procedure is that Branches must be up-to-date in the payment of their annual membership fees to enable their delegates to attend the annual Commonwealth Parliamentary Conference.

The CPA will mail the 2012 annual membership fee invoices to all Branches in late November/early December 2011. The due date for payment is 31 January 2012 and it would be greatly appreciated if Branches could kindly ensure that their fees (including any previous years’ fees or arrears) are paid in full by this date.

Payment can be made either by sending to the CPA Secretariat at 7 Millbank in London a cheque or bank draft made payable to the “Commonwealth Parliamentary Association” or, by transferring the amount to the following CPA bank account: Account Name: Account Number: Bank Name: Bank Address: Bank Sort Code:

CPA HQ Secretariat Account 05303303 National Westminster Bank 27-29 Horseferry Road London SW1P 2AY, United Kingdom 56-00-33

Branches should ensure that, if paying via a bank transfer, the Branch name is sent with the payment.

Finally, Branches must pay all of their outstanding membership fees no later than ninety (90) days prior to the commencement of the annual conference; that is, by 9 June 2012 for the 2012 conference. Regretfully, failure to do so will result in Branch delegates not being able to attend the annual conference in Sri Lanka from 7 to 15 September 2012.

Thank you for your co-operation in this important matter.

Dr William F. Shija

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57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Plenary Session - 25 July 2011

COMMONWEALTH PARLIAMENTARIANS: WORKING TOGETHER TO EFFECT CHANGE Speech by the CPA Secretary-General, Dr William F. Shija

I feel highly privileged to be part of this 57th Commonwealth Parliamentary Conference here in London. This conference marks the centenary of the Association since its founding in Committee Room 15 of this British House of Commons, Westminster Hall on 18 July, 1911, as the Empire Parliamentary Association. I therefore join you, Mr President, in welcoming all the delegates and guests to London for this important centenary conference.

At the outset, I wish to thank Her Majesty The Queen, the Patron of the Association, for a very thoughtful and encouraging message to all the delegates, wishing this conference the very best in its deliberations. On 22 March, I was privileged to have an audience with Her Majesty, The Queen at Buckingham Palace, where I briefed her on this Centenary Conference programme now taking place here in London.

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I also wish to join you in thanking the Guest of Honour, HRH The Princess Royal for the most encouraging message, delivered on behalf of HM The Queen, the Head of the Commonwealth and Patron of this Association.

I am delighted that at this occasion, we have once again been joined by the Deputy Commonwealth SecretaryGeneral, HE Mrs Mmasekgoa Masire-Mwamba, on behalf the Secretary-General, HE Kamalesh Sharma who could not be with us today due to a family bereavement.

For the significance of this year’s conference, one of the former Secretaries-General, Mr Arthur Donahue and his spouse (Nova Scotia, Canada) has also joined us for the conference. Unfortunately, the Hon. Denis Marshall (New Zealand) could not travel to London at this time but has sent best wishes for the success of this conference. On behalf of all of you,

I wish to thank them for their past wonderful services to the Association. Similarly, I take this opportunity to thank and congratulate all past and present Officers of the Association, Chairpersons and Members of the Executive Committee, Branch Presidents, and Members for the leadership, commitment, and immense contribution to the growth of the Association over the past century.

As we celebrate a century of this Association, I wish to note that we have long stayed together in this family because of our ability to adapt to change; to promote equality and cooperation; to maintain regional and branch autonomy; generate internal reforms; and to forge international partnerships. Our conference theme: ‘Reinforcing Democracy’, is highly relevant now because democracy has to stand the test of changing times if it is to serve those who believe in it. Many of us

would be aware that the Association has lived for a century principally because its mission and principles seek to promote equality, freedom and co-operation.

From the original six founding Members; Australia, Canada, Newfoundland, New Zealand, South Africa and the United Kingdom; the mission of the Association has been clear: that is, to promote the advancement of parliamentary democracy. The result has been a growth of membership. The present 180 Parliaments and Legislatures and nearly 17,000 member Parliamentarians, spread across the diverse nine regions of the CPA, is a testimony to this growth, noting that Rwanda became our newest member last year in Nairobi, Kenya. This centenary conference has approximately 600 delegates and secretaries, as compared to the less than 40 founding delegates from the U.K. and Dominions when the CPA was

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The Secretary-General of the CPA, Dr William F. Shija, welcoming delegates in Westminster Hall in London, with (from left) Commonwealth Deputy Secretary-General Ms Mmasekgoa Masire-Mwamba, CPA Chairperson Hon. Dato’ Seri Mohd Shafie Apdal, MP, Malaysian Minister of Rural and Regional Development (center); and CPA President Rt Hon. John Bercow, MP, Speaker of the U.K. House of Commons, seated behind.

formed a century ago. This founding group of representatives included the Founder and Honorary Secretary, Howard D’Egville, who went on to become Secretary-General for 50 years.

The Association has further stood the test of time by learning to reinforce democracy in bad and good times. In the past century, two world wars have occurred, a prolonged global depression of the 1930s, the end of colonialism and the rise of racial and gender equality, a Cold War, countless regional wars, a string of economic booms and recessions, several travel and communications revolutions and the globalization of information, as well as medical and other scientific discoveries have been made. Also, huge changes

have taken place in international trade and finance.

The century life of the Association has produced numerous advantages for individual parliamentarians and their branches in the process of democratization.

Learning from the works of Mahatma Gandhi in India and Nelson Mandela in South Africa, the first and most significant contribution was political; that is, reinforcing democracy through decolonization, the abolition of apartheid in South Africa and reconciliation. Decolonization brought about huge social changes in the affected societies.

After decolonization, democracy was revealed to the new citizens through the expressions of

individual freedom and association by millions in the Caribbean, Asian, and African countries. The fight for independence was largely influenced and driven by men and women who went to become leaders such as Parliamentarians.

These struggles for freedom and self-rule enhanced the emancipation of women and the advancement of human rights in general.

The second advantage that our Association has brought about over the last century is economic.

There is no doubt that migration in Commonwealth countries, technology transfer, knowledge exchange in the fields of law, agriculture, medicine, and others enriched the Commonwealth community. In the past century,

Parliamentarians have been some of the millions of Commonwealth citizens who benefited from countless educational and other programmes. In a situation where my own country Tanzania had only a handful of graduates at independence in 1961, the founding President of Tanzania, Julius Nyerere, himself educated in Scotland, wisely formulated extensive educational and other policies that benefited the sons and daughters of poor parents in an impoverished country. Similar educational policies had started since the 1940s and 1950s by leaders of India and other Asian and South-East Asian countries, as well as by Caribbean countries. In African countries, early leaders followed similar routes within the

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framework of the Commonwealth and parliamentary democracy. The United Kingdom, Canada, and Australia have greatly contributed to these educational exchanges. In fact, many of us believe that the myriad of Commonwealth pillars are founded on the educational exchanges implemented over the past century. Our Parliamentarians are some of those who benefited from these programmes.

The third advantage this Association has made over the century is that old and new Members have contributed to the process of strengthening democracy. We have done this by making periodic changes to our own constitution, giving women equality in the structure. We have also given opportunity to the status and issues pertaining to small branches, giving them full participation and equality in leadership and programmes; to the autonomy of our branches and regions, leaving enough room for political history and culture to reflect the democratic practice; to the youth to associate and participate in our activities; and to all of us being constantly open to reforms through the work of Working Parties. Currently, to lead our Association into an effective, 200 | The Parliamentarian | 2011: Issue Three

relevant and cost-efficient organization in the 21st Century, we shall take full advantage of the relevant suggestions by the Commonwealth Eminent Persons (EPG) report due to be released at the CHOGM in Perth, Western Australia, this October.

Over the century, the Association has held thousands of workshops and meetings for the exchange of information, knowledge on parliamentary practice, and professional skills for our staff. The nature of discussions and programmes has changed to reflect changing times, again, because of the dictates of democracy. We can sum up by stating that, under the Commonwealth principles enunciated in the Latimer House Principles and the Harare Declaration, the CPA has been a highly beneficial school of, and for, the Commonwealth Parliamentarians whose tutor-student system is largely based on, and consistent with, democracy itself.

Parliamentary strengthening, capacity building and reform have therefore largely been practised from within.

Parliament is an institution which has a unique procedural nature and content matter that

Commonwealth flags in Westminster Hall.

consistently conform to social change, and through which new methods are constantly learned and perfected through practice for the benefit of public life.

The fourth advantage that our Association has led to reinforcing democracy is with reference to gender balance. The discussion topic of ‘Women as Agents of Change’ reflects this year’s Commonwealth theme. While the topic will be discussed exhaustively at this conference, including with reference to small societies and the way forward, I wish to further note that women have been part and parcel in the human struggles through history. Women make more than 50 per cent of the world population. Just to recap from history, when the Commonwealth Parliamentary Association was formed 1911, there were no women representatives; in fact, women were not allowed to vote; except those in New Zealand, Australia, the Cook Islands, and Norfolk Island. In countries that fought for independence after the

Second World War, there are numerous stories of courageous and formidable women who participated to reinforce democracy; in Asia, India, Africa and the Caribbean.

Many of us may recall the names of Full-force 20th Century Women Leaders such as Margaret Thatcher, Indira Gandhi, Chandrika Bandaranaike Kumaratunga, Graca Machel, etc. It is in this light that I found Mrs. Sonia Gandhi’s conclusion to her Speech at the Commonwealth Lecture of 17 March 2011 timely and relevant, particularly as the CPA celebrates its centenary. Mrs Gandhi said and I quote: “It could be argued that the progressive victories of the women’s movement, their achievements of the right to vote and other rights, were the 20th century’s seminal contribution to human advancement. It has been a long journey. I fervently hope that the 21st century will take this to its logical conclusion. May this be, not the century of any particular country, but the century when women finally come into their own, the century when representative democracy is re-imagined to give women their due share, the century when the vocabulary of politics and culture is re-engineered fully to include that other half of mankind.”

In contemporary times, the Commonwealth Parliamentary Association has greatly helped to increase the number of women in parliament, urging political parties in member countries and the public to elect 30 per cent or more to their Legislatures. Political leaders and groups are also being urged to appoint women to positions of leadership, so that society can benefit from the leadership of both genders; men and women.

This centenary conference has set aside time for plenary meetings and workshops to discuss a range of topics that we think will help to reinforce democracy. We hope that our discussions will enable us to add knowledge as human beings

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determined to solve the problems that affect the lives of the people we serve in the Commonwealth and the world beyond. There is one area which I consider to be intricately related; that is: ‘Climate Change; Commonwealth Initiative in Handling Migration; and The World Economy and Obstacles facing the Commonwealth’. I consider the three topics to be related because they are pointers to abject poverty in some parts of the world.

The World Development Report 2010 shows that nearly 1.75 billion people in the world live in extreme poverty, spread across 104 countries. Most of these people live in developing countries of the Commonwealth. On the one hand, the effects of Climate Change such as drought, flooding, etc., deplete food and fresh water supplies, cause hunger and famine, deprive individuals’ financial resources, and this leads to poverty.

Secondly, on the other hand climate change has been driven by industrial growth and wanton deforestation. Every year, millions of acres of forest land are cleared to provide for raw materials of multinational corporations, leaving small-holder farmers helpless and impoverished. In addition to landlessness, corruption, income inequity, and poor governance, have often led to violence and conflict. In this situation the affected people cannot usefully participate in democracy and therefore would often migrate because of deprivation. In other words, deprivation leads to migration and violence; and violence under constant deprivation leads to cyclical conflict. Democracy cannot thrive under conflict, particularly cyclical violence.

Thirdly, as we have witnessed the recent events in North Africa and the Middle East, basic democracy must begin with equity and the availability of food and other basic needs. In both old and modern history, the spread of

violence appears to be caused by a few people undermining the freedoms and rights of the majority.

It appears to me that contemporary politico-economic developments cannot start and end with the dynamics of the free market economy alone; it must seriously address inequity – whether in affluent or developing societies. In workshop on E, I hope Members will address the issue of the need to create a world order with which democracy will flourish, by transforming the current economic order. In the eyes of the Commonwealth, it is untenable for our community to be carrying an unproportionally large share of poverty, while our resources remain abundant. Many developing countries are now not eagerly asking for aid; they are calling for fair trade, the opening of markets of industrialized countries, and inviting investments. In the Commonwealth, this is where parliamentarians should strive to bring about true community partnership.

Having said that it is still fair to recall that the Commonwealth Parliamentarians have been part and parcel of a century full of dynamic public life. Our records show that parliamentary diplomacy

by Commonwealth Parliaments has been used to enhance bilateral and multilateral negotiations between countries in order to find solutions to common problems; during times of disaster, epidemics, and terrorism, human trafficking or other security concerns.

In the next century, I believe the Association will continue to reform itself in order to strengthen the community bond; co-operate with others to realize the Millenium Development Goals (MDGs); cement the gender partnership; strengthen the institution of Parliament as the main source of people’s rights and freedoms; and encourage the twinning between large and small branches.

Let me end my remarks on this noble day in the life of our

Association by advocating for more relationship with the youth and the public. For example, we stand to contribute better through the preparation of youth for public life.

Our Youth Parliament programmes are now popular and instructive across the Commonwealth.

Combined with our involvement in the promotion of the use of communication technologies, our Association could further extend its relevance and effectiveness by practically reaching out to the youth through tangible programmes and projects. In this vein, I wish to pay special tribute to our outgoing Chairperson of the Executive Committee, Dato’ Seri Mohd Shafie Apdal, for introducing such programme ideas as the Little Acorns Project, which the CPA implemented in Tanzania in 2009 and Kenya last year. Because of what was done for those youths, I believe the memory of the CPA will never fade in their lives, thus putting more meaning to the spread of democracy. I am delighted that the Executive Committee has agreed to establish this policy programme to be systematically implemented in the future.

I wish to pay special tribute to you, Mr President, as the Speaker of the British House of Commons and to you, Madam Lord Speaker, and your teams for the wonderful co-operation the CPA Headquarters’ staff have received in working out the logistics of this conference.

Thank you very much for your leadership and guidance. I also wish to pay special tribute to you Hon. Dato Seri Shafie Mohd.

Apdal, Chairperson of the Executive Committee for your patience, guidance and commitment to the Association.

Throughout your term of office, you stayed very close to the Secretariat, giving constant guidance and encouragement to me and my team for smooth operations of our duties.

Similarly, I thank all the

members of the Executive Committee for their guidance and support in the planning and implementation of our programmes and finances, to the extent the Association is financially sound, carrying a total reserve of nearly £8 million.

I also wish to thank most specially the former Chairperson of the Executive Committee and former Treasurer of the Association, Hon. Hashim Abdul Halim, who was Speaker of the West Bengal Legislative Assembly for 29 years. During the period he gave his full commitment and service to the Association.

Together with Ms. Claire Christian, now the President of the Tynwald (Legislative Assembly) of the Island of Man, I and the Hon. Halim as Trustees we effectively monitored the best way to manage the finances in the Conference Funds and Working Capital Funds, as well the overall finances of the Association.

I hereby take this opportunity to thank you all for your reception and hospitality whenever I visit your branches and regions. I thank you all very much.

I wish to sincerely thank my team at the CPA Headquarters Secretariat for their support in the various matters that we have done since the last Conference in Nairobi, Kenya. Equally, I wish to thank most sincerely the Conference Team of the Host Branch, the U.K. Houses of Parliament and their CPA U.K. Branch for their dedication and cooperation to deliver the services of this conference.

I wish everyone of you at this 57th Centenary Commonwealth Parliamentary Conference God’s Blessing, fruitful deliberations, and a friendly atmosphere of the Commonwealth family. I look forward to meeting you again at the 58th Commonwealth Parliamentary Conference in Colombo, Sri Lanka next year.

I thank you all for your kind attention.

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BUILDING A COMMONWEALTH OF VALUES TO MAKE A GLOBAL DIFFERENCE Speech by Commonwealth Deputy Secretary-General, Ms Mmasekgoa MasireMwamba

Mr Speaker, Lord Speaker, Honourable Speakers and Parliamentarians, SecretaryGeneral Shija, distinguished guests, I am asked by the Secretary-General to convey his regret at not be able to join you. He sends his congratulations to you and wishes the conference every success.

It is an honour for me to address you, to speak on this historic occasion and in this historic place. If 100 years seems a long time in the context of the Commonwealth then assembling here at Westminster for this Centennial Commonwealth Parliamentary Conference sets everything within a far lengthier sweep of history. The millennium of history and tradition that surrounds us here tells a tale of the journey to democracy, sometimes through a process that has been gradual, at others more abrupt.

That same process, of evolving means of debate and governance, has taken place in all our Commonwealth countries. Over decades and centuries, traditions of consultation, regulation and legislation have developed. Cultural custom and local genius have 202 | The Parliamentarian | 2011: Issue Three

given rise to a multitude of means for debate and methods of government. At times these have been shared, at others subsumed into systems adopted from elsewhere. Deep-rooted in our Commonwealth approach is the ideal of learning from one another and gaining through the mutual exchange of ideas, experience and insights.

This building in which we gather is surely the world’s greatest monument to the development of parliamentary democracy: Westminster Hall, still being used by us today, nearly a thousand years after it was built, for its original purpose - as a place of consultation and discussion.

Surrounded by such tremendous physical architecture, our minds are drawn to the symbolic architecture of the Commonwealth with its twin pillars of democracy and development. The strength of the structure lies in our core principles of mutual respect, inclusiveness, transparency, accountability, legitimacy, responsiveness, consensus and common action.

Our farsighted predecessors, the founders of the Commonwealth Parliamentary

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Association, saw within the ambit of the Commonwealth family both the need for common action to promote good practice in our parliaments, and the potential for mutual respect and inclusiveness by fostering good relations between Parliamentarians.

Freedom and friendship are themes that, since 1911, have characterised the work of the CPA. Even now, in a world that has been brought closer through advances in technology and cyberspace, there still remains the danger of alienation and fragmentation - and the Commonwealth is the antidote.

At conferences such as this, at ministerial meetings, and at Heads of Government summits, we find that wisdom can be distilled and commitment to our common values reinvigorated. We all gain from the strengths of others. Rwanda is the newest member of the Commonwealth family, and I believe the newest member of the CPA too. Yet the Rwandan parliament is the first where women MPs outnumber men. That is something to celebrate, particularly this year, as we focus on the current Commonwealth theme, Women as Agents of Change, drawing attention to the role of women and girls in accelerating social, economic and political advancement.

The capability of women to fulfill their potential as equal members of society, and of girls to see their future unconstrained by limits of inhibiting or repressive social custom, or discrimination on grounds of gender, is a Commonwealth goal. It is apt that a good deal of attention is being given to these vital issues in the course of this conference. There is a workshop tomorrow on the topic: Women as Agents of Change: Where Are We Now? The Way Forward. These are questions of concern not only to women parliamentarians, but to us all.

Distinguished delegates, by our attendance here, we are all able to express our shared

Commonwealth identity, and I hope we will be lifted by that experience to find new ways of conveying to those we represent, particularly to our young people, that sense of belonging. The cross-connections and living links that are apparent in this hall, and become real through conferences such as this, need also to be made real for our citizens in every country of the Commonwealth. One way of doing this will be through our new global web portal, Commonwealth Connects, that goes live later this year enabling all in the Commonwealth, wherever they call home, to be informed, to communicate, and to transact.

The drive for reforms is given impetus in part by the fact that we now meet as a Commonwealth that is significantly larger than a generation ago, let alone 100 years ago. We have grown to an association of 54 members encompassing over two billion citizens. Particularly in this centennial conference of Commonwealth Parliamentarians, it is good to be reminded of our responsibilities towards our people.

It is in their cause and on their behalf that our Parliaments legislate, and for their welfare, opportunities and security that our Commonwealth strives. The poor, the marginalized, the vulnerable, those whose voices are weak: it is they who should be foremost in our thoughts.

When leaders gather for CHOGM in Perth later this year they will receive recommendations from the Eminent Persons Group.

If adopted, these proposals will have a considerable impact on how we do things in the Commonwealth, and for what end.

Members of the EPG have deliberated long and hard on how the Commonwealth can make the greatest impact and maximise its contribution to promoting the values we cherish. Reinforcing democracy can be expected to be uppermost in the minds of leaders at CHOGM in October.

Democracy has been called government by discussion, and defining features of the Commonwealth’s democratic way are: its commitment to consultation and consensus, and its reliance on co-operation rather than coercion. If consultation is the lifeblood of the Commonwealth, it is the lifeblood of democracy too and Parliament is where its heart beats. Among the most visible ways in which the Commonwealth makes a difference is through providing a framework of support and

“Establishing systems of electoral justice ...is an area where both the CPA and the Secretariat can support reforms and improvements.” assistance for credible electoral processes, for Parliamentarians, and for parliamentary staff.

Enhancing Good Governance and Accountability: Improving Standards of Probity and Performance is the theme for another of tomorrow’s workshops.

Distinguished delegates, if democratic processes are to be seen as carrying conviction, as free and fair, constant attention needs to be paid to the environment in which elections take place, to the professionalism of government and parliamentary officials who serve elected representatives, and to the probity of elected representatives and other members of legislatures who serve our citizens. For democracy to flourish a level playing field and adherence to rule of law is imperative. At their summit in Trinidad & Tobago in 2009,

Commonwealth leaders endorsed the establishment of a network of national election management bodies to increase collaboration and boost the standards of these institutions through peer support and ambitious benchmarking. The network was launched in Ghana last year and heads of the election management bodies agreed to meet every two years to review progress in creating and maintaining a Commonwealth ‘gold standard’.

The Latimer House Principles speak of “ethical governance” and yet still, too often, during our observation of elections, we see the negative influence of money. Even in countries where sections of the population are struggling to survive or to make a decent living, vast amounts of money - sometimes including public funds - are spent on political campaigns with incumbents using the resources of the state for personal or party gain.

Such abuse can be overcome if party funding is transparent and accountable. Where there are disputes over campaign finance or the conduct of elections, these must be dealt with expeditiously.

Too often in the Commonwealth we see electoral disputes not resolved in a timely manner, sometimes not even resolved by the time of the next election. Establishing systems of electoral justice that deal with grievances fairly and without delay is an area where both the CPA and the Secretariat can support reforms and improvements. Building confidence of citizens in the value of their vote must be a priority.

Distinguished delegates, most of you have campaigned hard to win your positions – first within your party and then for election to the legislature. We must fight with the same commitment and determination for the welfare of those we represent. This means defending democracy, promoting development, and upholding the rule of law, embracing tolerance, respect and understanding, and ensuring access to health and

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Ms Masire-Mwamba tells a packed Westminster Hall that the Commonwealth’s governmental and parliamentary organizations continue to work together on democratic capicity-building programmes to support Commonwealth values,

education, and a special concern for our women and youth. Over the years, the CPA has worked very effectively to encourage and support its members in Commonwealth Parliaments on improving committee structures, budgetary accountability and many other areas that help Parliaments to play their full and expected roles in advancing peace, security and prosperity.

We, at the Commonwealth Secretariat, work closely with the Commonwealth Parliamentary Association on regional Government and Opposition Workshops bringing together Members from all parties represented in Parliament to discuss how ruling, main opposition and minority parties can develop norms and work together constructively towards good governance. We are consciously

strengthening our capacitybuilding work on legislative drafting.

Political parties represented in parliament need to see themselves as partners in the development of democratic culture and process. It is important that we in the Commonwealth speak out and ensure that the rights of political parties and independents are protected. The freedoms of association, assembly and expression are at the heart of the democratic values we champion.

Reinforcing democracy means we must understand the broader context of personal freedom and public debate. It means strengthening civil society, nurturing free and diverse media, embedding the role of national human rights commissions, and valuing the contributions made by young people and minorities.

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Distinguished delegates, 2011 is a significant year in the history of the Commonwealth Parliamentary Association. It will also be remembered as the year of the Arab Spring when we saw an outpouring of the yearning for democratic accountability, for legitimate representation, and for human rights. This reawakening alerts us to the duty Parliamentarians have to embed respect for human rights in legislation and national institutions.

Where Parliament fails to respect human rights, the people withdraw respect for Parliament. Most of you depend for your legitimacy on credible electoral processes. Your mandate comes from the people via the ballot box. Governments derive their authority through being accountable to parliament and by maintaining the confidence of Parliament; it is this that gives them

their legitimacy. It is a circle of service and responsibility that begins and ends with the electorate, with the people of the Commonwealth.

Ladies and gentlemen, our shared Commonwealth values are our guiding beacon: values of peace and security; tolerance, respect and understanding; the separation of powers; freedom of expression and the rule of law. As this hall echoed the early rudimentary calls for freedom and justice in the eleventh century, and as Commonwealth Parliamentarians have carried the torch for liberty under the law and parliamentary representation since 1911, let us press ahead today, working on that great aspiration for the twenty-first century, and for the rising generations, to whom we pass on the flame.

CPA centennial book ad:Different Ads.qxd 26/10/2011 12:02 Page 205

A CPA publication ‘The Evolution of Commonwealth Parliamentary Democracy: The CPA at 100’, is a special publication from the CPA which celebrates a hundred years of the Association.

This commemorative work features articles from prominent Members, former Parliamentarians and experts in Parliament from across the Commonwealth on topics relating to the advancement of Parliamentary Democracy and Good Governance.

Contributors include former Chairs of the Executive Committee, Hon. Dato Seri Mohd. Shafie Apdal, MP, writing on “Growing up with democracy” and Dame Billie Miller on “Expanding public involvement in Parliament and politics”.

Also included are testimonials on the value of Commonwealth inter-parliamentary co-operation and a full reference directory of all 185 CPA Branch details.

“The CPA, through its conferences and delegations throughout the Commonwealth, creates a better understanding of different countries and cultures.” Hon. Graham Gunn, Member of the House of Assembly, South Australia, 1970 to 2010.

To purchase a copy of this book or for more information on the contents please contact CPA Secretariat, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, U.K. Tel.: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 E-mail: hq.sec@cpahq.org

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WORKSHOP A - THE COMMONWEALTH: THE PRESENT DAY 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Workshop A - 26 July 2011

THE COMMONWEALTH IN THE ST 21 CENTURY

Moderator: Rt Hon. David Hanson, MP, Shadow Exchequer Secretary, United Kingdom Discussion Leaders: Rt Hon. Lord Howell, Minister of State, Foreign and Commonwealth Office, United Kingdom; Mme Fatima HoudaPepin, MNA, First Deputy President of the National Assembly, Quebec; Mr Peter Longworth, Commonwealth Business Council; Dr Mike Cherrett, Climate Change and Energy Department, Foreign and Commonwealth Office, United Kingdom.

The workshop concluded that the Commonwealth should reform itself to play a more active role in setting internationally trade and climate change policies and in improving standards of democratic governance and accountability both of member states and of the organization.

In trade, it was argued that the Commonwealth should embrace trade engagements within partner states because there are many similarities in legal frameworks, political institutions and even business practices. The Commonwealth should be used not only as a network of 54 states but as a vehicle to access markets in China and elsewhere.

In climate change, it was agreed that the Commonwealth should do more to tackle the real threat posed by climate change as Members expressed concern about the severe impact they warned it will have on food

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production and standards of living.

If countries do not act now, they will have to spend more in future to tackle the severe effects than they would spend if action is taken now.

Participants were apprised of the fact that 32 islands vulnerable to sea level rise and the deterioration of water quality are in the Commonwealth.

In Commonwealth reform, Members called on member governments to recognize that the organization is the second largest political network after the United Nations and individual national interests should be modified for the benefit of the larger community. They recalled that the Commonwealth used to be the focus for democracy and liberation; but countries now prioritize other partnerships at the expense of the Commonwealth.

There should be an index of democratic compliance to assess how member countries are

performing. The eviction of countries which perform poorly in the area of good governance should be explored and a Commonwealth Development Fund should be established so developed countries can assist developing ones to make the Commonwealth more relevant.

There was a strong consensus that there should be greater clarity on practical help available to member states and that clear outcomes and methods of holding the organization to account should be developed.

Putting the Commonwealth first The workshop participants generally agreed that more needed to be done to reform the Commonwealth to make it more relevant for the 21st Century.

However, a concern was raised

by Hon. Moses Wetangula, MP, from Kenya who said that the

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From left to right: Rt Hon. Lord Howell, United Kingdom; MMe Fatima Houda-Pepin, MNA, Québec; Rt Hon. David Hanson, MP, United Kingdom, Mr Peter Longworth and Dr Mike Cherrett.

Commonwealth used to be the vehicle for democracy and liberation in several parts of the world; but there now seems to be a tendency toward divided loyalties as countries prioritize other partnerships at the expense of the Commonwealth.

The example was cited of the race to succeed M. Dominique Strauss-Kahn as the Managing Director of the International Monetary Fund. Although South Africa had a candidate, the United Kingdom supported a candidate from France, its European neighbour, instead of one from a Commonwealth country. The action was seen as a move by states to put more effort into regional alliances rather than the Commonwealth even though it is the second largest political

network after the United Nations.

A proposal that countries should put the Commonwealth ahead of any other interest was agreed by participants as a step in the right direction.

Rt Hon. Lord Howell, Minister of State in the United Kingdom Foreign and Commonwealth Office, emphasized that the priority of the current U.K. government is to see the Commonwealth as a relevant entity within its foreign policy.

“The coalition government sees a lot of opportunity in the Commonwealth,” he said.

He further noted that the Commonwealth is the soft power network of the future that needs to be fully utilized by all its members as people navigate the new international landscape featuring

the rise of emerging economies in Asia, Africa and Latin America. He further stated that the Commonwealth network provides links to other global networks which can benefit all, citing Singapore, Brunei and Malaysia as members that will provide the Commonwealth with links to ASEAN the Association of SouthEast Asian Nations. Canada, another Commonwealth member, is the third largest economy in the community and an important gateway to the United States of America for other countries.

Similarly Britain can provide a gateway to the European Union.

Trade connections Discussing trade, Lord Howell and Mr Peter Longworth of the Commonwealth Business Council

gave statistics that showed how significant the Commonwealth is to member countries. For instance, they stated that 44 out of the G77 countries are Commonwealth members, as are 19 of 39 African Union Members. Twelve members of each of the Caribbean Community and the Organization of Islamic Conference are Members of the Commonwealth. In addition, 10 Pacific Island Forum and seven Asia Pacific Economic Co-operation states are members of the Commonwealth. All the numbers equate to huge opportunities for partnerships within the Commonwealth to help access other markets.

A growing dimension to the Commonwealth’s success was also attributed to U.S.$3 trillion in trade every year within member

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WORKSHOP A - THE COMMONWEALTH: THE PRESENT DAY countries. In addition, it was noted that several emerging economies which are reshaping the global economy are in the Commonwealth: India, South Africa, Malaysia, Nigeria and Singapore.

Furthermore, population size was also seen as a remarkable sign of strength as approximately 31 per cent of the total global population is in the Commonwealth and its middleclass community is just over 1 billion people.

Presenters argued that as the Commonwealth badge is increasingly valued, so too are the commitments by the wealthiest countries in the community to assist poor countries. Australia and India, for example, are increasing their commitment to Africa. AusAid is pledging £210 million in 2011/12 to Africa, especially subSaharan Africa, a predominantly Commonwealth area. India now provides £7 million a year to the 19 African members through its special Commonwealth Assistance in Africa Programme.

Mr Longworth concurred with

“The diversity of the Commonwealth provides a wealth of perspectives and insights across the full range of challenges.”

Lord Howell that the Commonwealth remains relevant and important. But he challenged the association, saying it still has little resonance with the outside world; it is not a bloc and rarely does the Commonwealth exert its combined influence.

Mr Longworth further observed that the Commonwealth may lack political weight, but it has strong

This page and right: Members from around the Commonwealth take part in the workshop discussion.

trade partnerships because several factors boost inter-Commonwealth trade: common language, common accounting practices, common legal frameworks, common political institutions, common patent laws and common business practices.

These make transactions between Commonwealth countries work out 10 to 20 per cent cheaper than trading with a non-Commonwealth country.

The climate threat to food, water and societal security Another matter discussed during the workshop was climate change as Dr Mike Cherrett, head of the Climate Change and Energy Department of the U.K. Foreign and Commonwealth Office, affirmed the importance that the U.K. government attaches to climate change mitigation. Climate change and resource security are at the heart of U.K. foreign policy.

He stated that climate change threatens food, water and energy

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security and endangers global economic wellbeing and societal integrity. These issues are inextricably linked and under threat from climate change.

On food, it was observed that the demand is predicted to grow by 70 per cent by the year 2050. For developed economies, this will mean higher prices; for economies in the developing world, it could be catastrophic. Changing temperatures will alter crop distributions and crop yields. He cited a recent study on African maize which found that each day above 30 degrees Celsius reduces the final yield by one per cent. If temperatures rise by just one degree, a barely noticeable rise, then 65 per cent of maize-growing areas in Africa would be less productive.

Changes in weather patterns also mean that natural disasters will become more frequent and more intense. Changing rainfall affects the ability to grow staple

crops. The current severe drought in the Horn of Africa shows the fragility of these lands as 10 million people face the most appalling food crisis.

Furthermore, Dr Cherrett stated that 90 per cent of water consumption is related to agricultural production. Climate Change is changing the dynamics of water supply, while population change is driving demand.

Meanwhile, economic growth in the rapidly developing countries is having a profound impact in dietary changes. Water use is growing twice as quickly as population. In just 15 years, 1.8 billion people will live in countries or regions suffering a scarcity of water, which means not enough clean, accessible water to support lives and livelihood. A quarter of India’s harvest could be threatened by loss of groundwater.

Dr Cherrett said the Commonwealth has a critical and unique role to play in ensuring that

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there is a global consensus on what climate change puts at risk and the scale and urgency of the response needed to guarantee security and prosperity. The diversity of the Commonwealth provides a wealth of perspectives and insights across the full range of challenges. The world’s most vulnerable nations are on the front line of climate and resource stress; but there are also countries with astounding capabilities and talents so there is a scope for the Commonwealth to articulate the climate and resource threats and help reach a global binding agreement.

Co-operating to improve all sectors Mme Fatima Houda Pepin, MNA, First Deputy President of the Quebec National Assembly, shared with the participants the experience of Quebec which, with a population of 8 million people, has the lowest carbon emission

rate in Canada. She said Quebec is committed to reducing carbon emission by six per cent annually and a budget of C$65 million has been set to achieve the target. In addition, Quebec has also established emission duties.

She said that the commitment

by Quebec shows that investing in tackling climate change means investing in the economy.

Furthermore, it demonstrates that money spent to tackle climate change does not undermine other sectors, she said.

Dr Tetaua Taitai, MP, of Kiribati, one of the 32 most vulnerable states, said more action is needed.

Vulnerable states rely heavily on imports but export very little. He further stated that more research is needed on renewable energy.

Hon. Gideon Kayinamura, MP, of Rwanda stated that the challenges facing the Commonwealth are multifaceted and include such issues as immigration, resource allocation

and unbalanced international trade.

Common problems mean common solutions if countries can increase co-operation, especially in pooling research.

A delegate from Western Cape, Hon. Shahid Esau, MPL, stated that the 32 most vulnerable states need more than just talk. The 54 Commonwealth countries should work together to assist the vulnerable members. He further suggested the Commonwealth should be more structured in order to solve common problems; people are dying in Africa because of hunger whereas there is obesity in rich countries. He also asked if there could be a way to control what he described as pharmaceutical monopolies that set high prices for drugs to stop preventable diseases. The Commonwealth should say clearly that such medication should be sold at lower prices.

Mr Hugh Bayley, MP, from the United Kingdom challenged the

Commonwealth Parliamentary Association to do more and be relevant for the 21st century. He said the CPA and the Commonwealth should not just talk about good governance; he suggested they should have a control mechanism to evict members who violate the benchmarks of good governance.

He also suggested having a democracy index to rank Commonwealth countries in their compliance with shared values.

Donor countries should increase their aid through his proposed Commonwealth development fund.

Participants and lead speakers agreed there is no one solution to assist every Commonwealth state in tackling climate change. But the Commonwealth should work as a unified force to ensure that stronger economies do more to assist others, and that all member states cherish the unique place of the organization and strive to make the Commonwealth more relevant.

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WORKSHOP B BUILDING BENCHMARKS 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Workshop B - 26 July 2011

PARLIAMENT AND REFORMS – RAISING THE BENCHMARKS

Moderator: Hon. Job Yustino Ndugai, MP, Deputy Speaker, Parliament of Tanzania.

Discussion Leaders: Ms Meredith Hunter, MLA, Australian Capital Territory Sen. the Hon. David Smith, Canada Hon. Taomati Iuta, MP, Speaker of Parliament, Kiribati Lord Norton of Louth, Director of the Centre of Legislative Studies, University of Hull, United Kingdom, and former Chairperson of the House of Lords Constitution Committee

Participants at the workshop were unanimous in their agreement that parliamentary reform is necessary and timely to re-assert the supremacy of Parliament over the executive. Parliaments and their Members must have the political will to reduce executive domination of Parliament by such measures as strengthening committee scrutiny of executive actions, acting to curb corruption and extending scrutiny to areas of governance that executives strive to keep to themselves. Matters such as foreign treaties and quasigovernmental bodies were among areas sited for greater parliamentary oversight.

Steps should be taken to make Parliaments and their Members fully accountable and accessible to citizens, and to ensure they represent their people appropriately, particularly by improving the representation of women.

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Members noted that the CPA Benchmarks for Democratic Legislatures provide a guide to ways to improve the effectiveness of Parliament; but ultimately it was agreed that Members themselves must summon up the political will and act in a collaborative way across party lines to carry out the reforms needed to make their Parliaments more effective.

Collaborating to achieve change Ms Meredith Hunter, MLA, from the Australian Capital Territory (A.C.T.) sought to breakdown the topic of parliamentary reform into two broad categories. She cited the first category as the improvement of executive accountability. It was her view that the rise of organized political parties has undermined the doctrine of parliamentary supremacy and has emasculated Parliaments, resulting in the

rubberstamping of executive decisions. Parliament must maintain its oversight function and not yield to executive dominance.

Ms Hunter pointed to the interesting development in the A.C.T. where an agreement to form a minority government included commitments to develop an integrity branch and strengthen oversight institutions.

There have also been freedom of information reforms and it is agreed that the central and only test for freedom of information requests or parliamentary calls for documents should be whether information is in the public interest.

It was posited that it is the content and not the class of the particular document in question that is important.

The second category adverted to was the process for reforms so better mechanisms would lead to better outcomes for Parliament.

This also signals the advent of

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The top table in Workshop B from left to right: Sen. the Hon. David Smith, Canada; Ms Meredith Hunter, MLA, Australian Capital Territory; Hon. Job Yustino Ndugai, MP, Tanzania; Hon. Taomati Iuta, MP, Kiribati; and Lord Norton of Louth, United Kingdom.

better laws, budgets and other government policies.

The minority government agreement itself is a symbol of reform of the parliamentary process which has led to committees working collaboratively.

This agreement has signalled an amendment of Standing Orders to prevent a Bill from being debated in the same sitting period unless it is declared an urgent Bill.

Answers given during question time must be directly relevant to the question asked.

Another process of reform is the formal adoption by the House of the Commonwealth Latimer House Principles.

Finally the passage by the A.C.T. of the Government

Advertising Bill ensures that government advertising over A$40,000 must be assessed by an independent assessor to ensure that it is to inform the people and that it is not political promotion.

Benchmarks for reform Sen. the Hon. David Smith of Canada in his presentation referred to the CPA Benchmarks for Democratic Legislatures, the result of a CPA study group held in Bermuda in 2006.

The Benchmarks cover such aspects of Parliament as: elections, legislative immunity, procedural rules, debate procedures, voting, committees and political parties.

He said Canadian Parliaments have used these Benchmarks as a

yardstick to judge their effectiveness. This exercise reinforced the view that no single Parliament is perfect when judged against these benchmarks.

The Benchmarks triggered a cost-effective approach to assessing the value of Legislatures by examining the cost to each citizen based on population size and the numerical strength of Parliament.

One reform Sen. Smith pointed to was an improvement in the tone, demeanour and decorum in the House. There seems to be a direct correlation between the declining standards of behaviour and the advent of televised proceedings, he said.

Hon. Taomati Iuta, MP, Speaker of the Parliament of Kiribati,

indicated that the election of a Speaker from outside Parliament promoted the view that the Speakership is unbiased. He said that the parliamentary system followed naturally upon the longestablished tradition in Kiribati of the Council of Elders. Democracy by the majority is not ideal but rather democracy by consensus is the traditional way of Kiribati, he said.

Political will Lord Norton of Louth, Director of the Centre of Legislative Studies, University of Hull in the United Kingdom and a former Chairperson of the House of Lords Constitution Committee, took an analytical approach to parliamentary reform, advancing

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WORKSHOP B BUILDING BENCHMARKS the view that it is necessary to discern what it is to be accomplished by reform, why and how is it to be achieved.

He listed five types of reform: expedition of the business of government, convenience of Members (not a benefit to Parliament), cosmetic changes to remove archaic practices, the strengthening of Parliament’s power to scrutinize the executive and innovations to improve Parliament’s links to citizens. In between elections, how does the Legislature interact with the electorate and vice versa?

Lord Norton said there are three types of Legislatures: policy making, policy influencing and those with little or no effect. He added that Legislatures legitimatize governments and are a source of government leaders.

Reform will come to nought if they are not supported and advanced by politicians. He said he is convinced that reforms have to be promoted by politicians.

A responsibility to the public Hon. Uday Narain Choudhary, MLA, from Bihar asserted that the vital role Parliament can play in sustaining democratic governance is a well-established fact. He further argued that although elections provide a basis for rule by the people, they do not guarantee effective representation. True democracy requires that those who are freely elected have the power and political will to fulfil their responsibilities.

Faced with declining public

Delegates listening to the ongoing discussions in Workshop B.

confidence and executive dominance, Parliaments must ensure that they function in a democratic manner and so have the necessary authority and resources to fulfil their representative, legislative and oversight functions.

Hon. Amusa Mwanamwambwa, MP, of Zambia said the twin concepts of reform and modernization find expression in Zambia by bringing Parliament closer to the people, the ultimate goal being to create a Zambia in

“Good governance in her view manifested itself in being responsive and effective and in strengthening links with the people. She singled out community visits and meet-the-people sessions as good ways to keep in touch with citizens.” Ms Irene Ng, Singapore 212 | The Parliamentarian | 2011: Issue Three

which Parliament is representative, responsive, efficient, effective, accountable, accessible and legitimate. Steps have been taken to strengthen the committee system, the legislative process, the administration of the National Assembly, support services to Parliament and Members and constituency relations.

Parliamentary reform has achieved a change in the parliamentary calendar to allow budget presentation and approval before the beginning of the financial year.

Hon. Chandreshwar Prasad Singh, MLA, of Jharkhand said that Parliament is the custodian of the rights and interests of the people. It is the supreme institution through which the people participate in the management of public affairs.

He asserted that the cardinal principle of parliamentary democracy is that power emanates from the people and is used for the benefit of the people.

Parliament and the executive Mr Thomas Docherty, MP, of the United Kingdom asserted the importance in the U.K. of the select committee system which serves to hold the executive to account. He also recalled that Churchill, in a debate on the reconstruction of the House of Commons Chamber, noted that the adversarial structure of the Chamber contributed in no small way to robust debate.

Hon. Ranil Wickremasinghe, MP, of Sri Lanka canvassed the view that the power of Parliament is declining. International Treaties fall within the purview of the executive but are not scrutinized by Parliament. He further asserted that new organizations governed by unwritten rules are not subject to scrutiny by Parliament, thereby reducing the power of Parliament.

He argued that many matters which impact on the lives of citizens are no longer under the scrutiny of Parliament as the

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WORKSHOP B BUILDING BENCHMARKS were interested in the workings of the Legislature.

Hon. Cletus Avoka, MP, of Ghana singled out two challenges: in the Westminster model, a huge section of the country is often not represented in government; and in the presidential model, an absence of contact with the people by the executive which is responsible for formulating policy. He added that there are also conflicting interests: party loyalty to the executive on the one hand and duty to the Parliament on the other.

He also asked whether the introduction of a Private Members' Bill can be blocked if it includes financial implications for the government's budget.

primacy of Parliament has been diminished.

Mr Glen Elms, MP, from Queensland said that there is tension between the executive and Parliament. He underlined the doctrine of the separation of powers and the role of Parliament to hold the executive to account.

Full accountability Another speaker drew attention to the need for media reforms. It was pointed out that allegations of corruption were not acted upon.

Ms Joyce Watson, AM, of Wales questioned whether reforms were for the convenience of Members. She suggested that Parliaments needed to be reformed, but such reform should usher in a greater presence of women with a greater role being played by these women. She called for equal opportunity for all persons, but especially the need for more women in Parliament. She drew the workshop’s attention to a

proposed reduction of MPs from Wales in the U.K. House of Commons from 30 from 40, insisting that this undermined accountability.

Hon. Clive Beltran, MP, of Gibraltar inquired whether the introduction of televised proceedings, which was aimed at benefitting electors, resulted in benefitting MPs instead.

Ms Irene Ng, MP, of Singapore highlighted good governance reforms. She said good governance requires full accountability to the people and leads to the improvement of their lives. Good governance in her view manifested itself in being responsive and effective and in strengthening links with the people. She singled out community visits and meet-the-people sessions as good ways to keep in touch with citizens.

Conflicting interests A Member from Malaysia drew the

workshop's attention to the doctrine of separation of powers.

He was of the view that the creation of an independent parliamentary service would signal a commitment to this most important principle. A service drawn from the public service was prone to governmental interference, striking at the very heart of that sacred doctrine.

He stated his preference for an annual assessment system designed to rate Legislatures.

He also outlined a case of judicial interference which involved the granting of an injunction preventing the Privilege Committee from continuing its investigation of a Member.

Hon. Pratapsingh Rane, MLA, from the Indian state of Goa opined that democracy requires transparency.

This he asserted was evidenced by the television of proceedings and access by the media which showed that people

The best system In winding up the debate, Ms Hunter reiterated that a consensus approach led to reform being placed on the parliamentary agenda. The Member recommended the collaborative approach to Parliament's business, especially in committee where Members are less subject to the party whips.

Sen. Smith reminded delegates of the report of the CPA Benchmarks study group report of 2006. He stated that, on balance, the Westminster parliamentary system is the one he favours over the American congressional system.

Lord Norton cited that the establishment of strong committees in Commonwealth Parliaments as a challenge. He preferred that oversight and accountability be expressed through Parliament itself.

He questioned whether best practice should be pursued rather than Benchmarks.

He suggested that the media enables Parliament to connect with the people and the people to engage with Parliament.

He insisted reform of Parliament is possible so long as there is the political will.

Parliamentarians must be prepared to carry reforms through.

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WORKSHOP C MIGRATION ISSUES

57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Workshop C - 26 July 2011

COMMONWEALTH INITIATIVES IN HANDLING MIGRATION ISSUES

Moderator: Hon. Hari Ramkarran, MP, Speaker of the National Assembly, Guyana.

Discussion Leaders: Hon. Tofail Ahmed, MP, Bangladesh; Hon. Theresa Gambaro, MP, Australia; Hon. David Agius, MP, Malta.

The challenge facing the Commonwealth is one of scale, urgency and connectedness. The Commonwealth was said to be uniquely placed to take a leadership role through international and bilateral agreements and by demonstrating best practice. There was agreement that migration can be an asset; but there is an urgent need for it to be properly managed rather than policed. It was also stressed that all Parliamentarians and governments have a responsibility to address negative public perceptions on migration using accurate evidence so that the benefits of migration for all countries and people are understood.

All participants acknowledged that migration is a complex and challenging global issue affecting all Commonwealth countries and requiring a united approach.

Migration is predicted to grow in the future due to globalization, improved communication, changing demographics and a changing climate.

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The beneficial contributions of migrants to economic and social development in all countries were highlighted: destination countries are provided with needed skills and labour, particularly vital in countries with ageing populations, whilst origin countries may receive valuable remittances and foreign exchange. In addition, cultural exchange can enrich the societies on both sides.

However, speakers also emphasized the challenges facing different countries within the Commonwealth: the impact of large-scale migration and emigration on small countries; the integration of temporary migrants and potential stresses on society’s values and resources in large receiving countries; the impact on development of a “brain-drain” of skilled people, and the reliance of some economies on emigration and remittances.

The exploitation of vulnerable migrants was also raised, particularly where migrants are unaware of their rights or are taken advantage of by unscrupulous

agents or human traffickers. The negative impacts of forced migration were especially emphasized.

Fitting in Hon. Theresa Gambaro, MP, of Australia argued that true citizenship and participation were vital for the integration of both long-term and temporary migrants and that this can be achieved through a well conducted programme. She said that over 46 per cent of Australia’s population was either born overseas or had one parent born overseas, and that the contributions of migrants are valued and celebrated.

Ms Gambaro discussed two elements of Australia’s migration programme: the migration programme for skilled and family migrants and the humanitarian programme for refugees and those in refugee-like situations. The numbers of places in both programmes are adjusted annually according to the need for skilled labour and in response to humanitarian needs. An increase in

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Left to right: Discussion leaders Hon. Tofail Ahmed, MP, Bangladesh; Hon. Theresa Gambaro, MP, Australia; Moderator Hon. Hari Ramkarran, MP, Guyana, and Hon. David Aguis, MP, Malta.

asylum seekers arriving by boat was described as creating a crisis in Australia’s detention network and increasing management costs to A$1 billion.

However, Ms Gambaro described increases in temporary migration by students and skilled workers as the largest change in migration trends, driven by the introduction of a temporary longstay business visa in 1996.

Australian settlement services aim to achieve social cohesion and good citizen participation, with Ms Gambaro emphasizing that it is not just work skills that are vital but also cultural support, language skills, housing support and social security support. In addition, programmes supporting

resettlement of migrants to rural and regional areas have been found to bring benefits to migrants.

A global rights issue Migration was emphasized by Hon. Tofail Ahmed, MP, of Bangladesh as a global issue encompassing migrant-generating countries and migrant-receiving countries and including migrant workers, displaced people, refugees and climate migrants. The future increase in the latter was highlighted as a particular issue for countries such as Bangladesh with low-lying coastal regions. This raises challenging questions of where they should go and who will be responsible for their displacement.

Mr Ahmad highlighted the benefits of migration for the development of both originating and host countries. He also emphasized the challenges and exploitation facing migrants, stressing the need for migrants to enjoy the same rights as domestic workers whilst receiving protection from those going against their beliefs or cultures.

He stated that the orderly and humane management of migration is needed. Mr Ahmad called for the right to free flow of movement of persons across the world with a clear World Trade Organization declaration and binding agreement about their rights. He also called for Parliamentarians to uphold the articles of the United Nations

Convention on the Protection of the Rights of all Migrant Workers and Members of their Families.

Finally he called on international organizations dedicated to ensuring the rights of people to bring forward a comprehensive, pragmatic and collaborative policy to resolve all migration issues.

Assisting small Commonwealth states The need for international cooperation to help small island states, such as Malta, deal with the challenges of large-scale irregular migration was expressed by Hon. David Agius, MP. He described Malta as a country with one of the highest population densities in the world which is receiving a

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Deputy Allistair Langlois of Guernsey asking questions to the panel.

disproportionately large number of illegal migrants, equivalent to four or five villages a year. This is creating increasing social and political pressures.

Mr Agius stressed that Malta welcomes regular migrants and aims to embrace everyone. He also welcomed the support of other countries including the U.S., Australia and European Union countries in helping to resettle migrants. Malta has launched an assisted voluntary return project including financial and training assistance; however, this has been hindered by many immigrants lacking identification documents.

He called on Commonwealth countries to help with the identification of their citizens to assist in repatriation and to discourage irregular migration. He also argued that there must be a policy of Commonwealth fraternity with an understanding of the context in which countries can help one another.

Commission findings Mr Will Day, a Commissioner on the Ramphal Commission on Migration and Development,

argued that international migration is a structural and growing feature of the globalized 21st century, particularly due to changing demographics and a changing climate.

He stressed that many Commonwealth countries have been built on migration, providing a huge contribution to human wealth and progress. However, migration can lead to people trafficking, xenophobia and a loss of skills.

The overall findings of the Ramphal Commission are that: •

•

•

Existing initiatives on migration have stalled or slowed down on a global basis; Migration can produce significant benefits for sending and receiving nations and migrants, and Migration is likely to increase significantly so nations need to work together if it is going to be managed.

The commission recommends Commonwealth governments to: 1. Concentrate on better managing an inevitable process, which offers

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many more opportunities than risks, and move the balance of public debate and national policy from the policing of migration to its management.

2. Adopt “development friendly” migration strategies, which enable countries of origin, countries of destination and migrants themselves to share equitably the benefits of success. These would include reduction of the cost of remittances, more coherence between remittances and development policies, dual nationality, portable pensions and circular migration.

3. Position the Commonwealth as a laboratory for best practice, stimulating co-operation between sending and receiving countries, building on bilateral, multilateral and Commonwealth-wide schemes, and contributing to international processes.

4. Implement a Commonwealth programme to strengthen the migration management capacity of their officials, with improved training and sharing of data collection.

5. Develop strategies to address negative public perceptions,

recognizing the role of the media, political leaders and civil society, and challenge misinformation and xenophobia on the basis of accurate evidence and Commonwealth principles.

6. Prevent discrimination against migrants, based on gender, age, ethnicity, religion and all other grounds, and carry out their obligations under international conventions and national constitutions.

7. Share best practice relating to diasporas, interacting regularly with their organizations, and understanding their priorities, remittance and investment choices, and create incentives for diaspora communities to invest their financial resources and expertise in the urgent need to provide food security and rural development in countries of origin.

8. Factor the importance of international migration into all development planning and particularly into national strategies for the environment, agriculture and nutrition.

9. Request the Commonwealth Secretariat to implement a considered work programme to

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support these recommendations.

Governments with the capacity should be encouraged to take a lead in implementing these strategies in their regions, and 10. Review progress at the 2013 Commonwealth Heads of Government Meeting.

Mr Day concluded by emphasizing that the Commonwealth can show leadership on this issue with the Heads of Governments meeting in Perth an ideal opportunity to take this issue forward. He asked Parliamentarians to push their governments to insist that this issue is on the agenda in Perth.

Reducing global disparities Hon. Nasharudin Mat Isa, MP, of Malaysia also supported the need for concerted global action, particularly to prevent the manipulation of migrants through human-trafficking, which he highlighted as of great concern to his government.

A comprehensive AntiTrafficking in Persons Act was introduced in Malaysia in 2007. He called for all countries to take concrete action by, for example, introducing steeper penalties to stop the trafficking and smuggling of people. He also argued that the benefits of globalization must be shared equally between migrant producing and receiving countries by management at the global level.

This can help to combat poverty and achieve sustainable growth, thereby reducing the need for people to migrate to other countries.

Lord Davies of Stamford of the U.K. observed that migration can contribute to structural demographic problems, along with economic and labour benefits.

However, he argued that the benefits might be a quick-fix solution to some problems, but that, in the long term, as the immigrant population ages they will also become claimants on the social security system. He argued

that the use of temporary visas with possible restrictions on visa renewal has not been sufficiently explored in international discussions, including for lowskilled and unskilled migrants. He suggested that this could provide several benefits by contributing remittances and the return of new skills to origin countries and preventing long-term claims on social security and pension systems in host countries.

Ms Lynne Pillay, MP, of New Zealand highlighted the challenges that are being faced amongst Pacific nations where islands such as Tuvalu could be submerged as climate change continues. New Zealand feels a responsibility to the community as a Pacific nation. She said that migration is not just an issue for the economy of the host nation, but it is also an issue for the lifestyle and survival of so many people.

Mr Georgious Tasou, MP, of Cyprus described how his country has been dealing with migration with limited success for several years, with control of borders in a divided island country being particularly problematic. He called for the sharing of good advice and expertise between countries although he acknowledged the need for solutions to be tailormade to each country’s circumstances.

The importance of labour migration for Bangladesh’s economy was stressed by Hon. Rashed Khan Menon, MP. With around 400,000 workers migrating each year mainly to the Gulf and Middle-Eastern states, the value of the remittances was described as the single biggest source of foreign exchange earnings, equalling 13 per cent of gross domestic product and helping to reduce poverty by six per cent. Mr Menon therefore called for poverty reduction to be emphasized in migration discussions with the aim of increasing the benefits of migration.

The criminal element The benefits of wilful and legal migration to the origin and receiving countries were contrasted by Sen. Nayyar Bokhari of Pakistan to the impacts of forced migration. He said that three million people currently live in Pakistan through forced migration, affecting the economy and urban life and increasing terrorism. He called for the Commonwealth to support countries affected by forced immigration.

As a Parliamentarian of another small island country, Deputy Allister Langlois of Guernsey expressed the view that migration is a toxic issue locally, although two-way migration is vital, with a large degree of out-migration particularly for education. He expressed the need for the exchange of skills and experiences within the Commonwealth from other small states and called on other countries not to forget the smaller nations.

Rev. Kwame Gilbert, MP, of Guyana expressed concern about the impact of deportation policies on developing nations. In Guyana this is especially due to the influx of convicted criminals, mainly for drug-related crimes, where they do not have the technological capability to deal with the high-tech crime to which the deportees have been exposed in developed countries. He stressed that countries do have a responsibility to receive their citizens; but developed countries also have a responsibility to provide support.

For instance Canada has provided some support to set up a local nongovernmental organization for the reintegration of deported individuals.

Mr Kanwaljit Singh Bakshi, MP, of New Zealand suggested that there is significant misguidance within migrant countries of origin by unscrupulous foreign agents, which domestic laws cannot control. He argued for a platform where these issues can be addressed bilaterally.

A common approach Shri Makut Mithi, MP, of India argued that illegal migration is the biggest issue for Commonwealth countries.

He stated that the focus should be on the effective streamlining of migration within respective countries’ legal frameworks. This could be achieved through bilateral agreements and human resource mobility partnerships.

Outlining the situation in Canada, Ms Candice Hoeppner, MP, described how migration has been managed by knowledge of the skilled labour needs at the level of regions within provinces, although a major challenge remains to recognize skills when people arrive.

Canada has also recently introduced legislation to crack down on human smuggling and shady consultants. She stressed that the Commonwealth must be forward-looking but needs to make strict laws and adhere to them.

Scale, urgency and connectness were the three words used by Mr Day to describe the overall challenge of migration. He stressed that it is one of the biggest reasons for countries within the Commonwealth to work together – it connects all nations.

The Commonwealth was also described as uniquely placed to take leadership. Mr Day called for migration to be managed rather than policed to prevent a downward spiral of public perception and to walk a more positive path.

In concluding, moderator Hon. Hari. N. Ramkarran reiterated that migration is a very complex issue with many varied dimensions, both positive and negative. The solutions are also complex, with countries in the past mainly focused on solving their individual problems.

He urged Commonwealth nations to work towards international solutions and to solve problems collaboratively.

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WORKSHOP D GOVERNANCE AND ACCOUNTABILITY 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Workshop D - 26 July 2011

ENHANCING GOOD GOVERNANCE AND ACCOUNTABILITY: IMPROVING STANDARDS OF PROBITY AND PERFORMANCE

Moderator: Hon. Michael Polley, MP, Speaker of the House of Assembly, Tasmania.

Discussion Leaders: Hon. Nomaindiya Mfeketo, MP, Deputy Speaker of the National Assembly, South Africa; Hon. Wade Mark, MP, Speaker of the House of Representatives, Trinidad and Tobago; Rt Hon. Kevin Barron, MP, United Kingdom.

The workshop supported governance reforms to improve the accountability of the executive to Parliament, upgrade Parliament’s links with its citizens and raise standards of probity.

To improve accountability, the workshop suggested that there should be a mechanism to cull out government assurances and to follow them up through a parliamentary assurance committee. The committee system should be strengthened and the public outreach programme of Parliament should be further expanded and its effectiveness improved so that there is no disconnect between the public and Parliament. Being an MP should be a fulltime job with adequate remuneration in order to serve the public and to secure good

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governance. Parliaments should have adequate infrastructures and high-quality human resource skills and capacities to improve the performance of Parliamentarians.

In order to improve the accountability of Members to the public, legislation enabling voters to recall their Members was also suggested. Parliament should be modernized to take advantage of information communication technology.

On the aspect of improving standards of probity, the workshop agreed that legislation should require Members to disclose their financial assets and business interests publicly. There should be a code of conduct for all Members to follow to ensure integrity, objectivity, openness, honesty and accountability. There should be

institutions available to examine alleged violations of the code. A register of interest should be made available at the earliest opportunity after an election and there should be periodic declarations obtained from Members about incomes received over and above the parliamentary remuneration.

Parliamentary independence Hon. Wade Mark, MP, Speaker of the Trinidad and Tobago House of Representatives, focused on the management by Parliament of its own affairs so as to improve its standards of probity and performance. He emphasized that the management structure of Parliament should be reformed to give full financial and functional autonomy to the Legislature so

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The top table from left to right: Discussion leaders Rt Hon. Kevin Barron, MP, United Kingdom; Hon. Wade Mark, MP, Trinidad and Tobago; Hon. Nomaindiya Mfeketo, MP, South Africa, and Moderator of the Workshop, Hon. Michael Polley, MP, Tasmania.

that it is completely independent of the executive.

He stated that Parliament should have adequate physical and infrastructural arrangements in the form of committee rooms and library resources to assist Parliamentarians in the performance of their duties. He also emphasized the need to upgrade the human resource skills and capacities of parliamentary personnel. Also, Parliament should adopt the best parliamentary practices that are found in various Parliaments. He also emphasized that a Parliamentarian should be a

fulltime representative of the public instead of being a part-time Member. Substantial remuneration and perquisites should be provided so Parliamentarians devote their full attention to their responsibilities. This will make a positive impact on their performance.

In order to promote probity, there should be a code of ethical contact for Members and officers of Parliament. There should also be mechanism for effective follow-up of the assurances given on the Floor of the House so that there is accountability.

He also mentioned legislation which provides for the right of recall of under-performing Members of Parliament as another way to ensure that their performances are enhanced. He suggested that parliamentary committees should hold their sittings in various parts of the country. Visits to schools and universities by the Presiding Officers and other parliamentary officials would raise the level of awareness among the younger generations.

Mr Mark also advocated the use of information communication

technology revolution to promote a paperless office which would greatly enhance the green status of Parliament.

Probity and outreach Hon. Nomaindiya Mfeketo, MP, Deputy Speaker of Parliament of South Africa, recalled the CPA Benchmarks for Democratic Legislatures and suggested that legislation should be enacted to enforce codes of conduct including rules on conflict of interest and acceptance of gifts by Members and parliamentary staff.

The legislation also should require

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Above and left: Members from a cross-section of Commonwealth Houses share ideas on how to improve governance. legislators to publicly disclose their financial assets and business interests. This would go a long way to ensuring parliamentary accountability and promotion of probity.

She stated that the South African Parliament has ensured that parliamentary constituency offices are established to disseminate information and to facilitate public participation. In order to take Parliament to the people, formal sittings of the House and some committees are held in communities across South

Africa. The public also participate through public hearings where comments are invited from communities, interest groups, stakeholders and individuals, thus enabling their direct, formal input into the refining of legislation.

To ensure high standards of probity and good ethical conduct, she said Parliament has adopted a code of conduct for Members from 1997 onwards. Members have to disclose their shares and financial interests, any paid employment outside Parliament and their sponsorships and consultancies.

The Joint Committee on Ethics and Members’ Interests is responsible for the implementation of the code and the development of standards of ethical conduct. It also makes recommendations for the

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amendment of the code and reports annually to both Houses of Parliament. Parliament has a Registrar of Members’ Interests who keeps details of confidential interests relating to the spouses and permanent companions of Members. She emphasized that clean auditing and zero tolerance to corruption constitute the central pillars of good and accountable systems of government.

Standards in public life Rt Hon. Kevin Barron, MP, of the United Kingdom stated that the Committee on Standards and Privileges of the House of Commons had laid down general principles of conduct for Members.

Selflessness, integrity, objectivity, accountability, openness and

honesty are the principles that govern the conduct of Members.

The committee oversees the work of the Parliamentary Commissioner for Standards. In the U.K., the register of financial interest shows records of Members' financial interests and other material benefits which Members receive. The information has to be submitted within one month from the date of each general election. The Commissioner sends each Member a copy of the Code of Conduct, a guide to the rules, a registration form and a note which states the obligation of the Member to declare their interests while taking part in parliamentary proceedings or making approaches to others including

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Ministers. The register is published in both electronic and hard copy forms. Information is provided by Members on a monthly basis about the payments they have received.

The Commissioner enquires into allegations and complaints against Members. Recently a new Independent Parliamentary Standards Authority has been established to assume responsibility for paying salaries to MPs and authorizing their allowable expenses. There is a complaints officer now to hear complaints about misuse of expenses paid by the House of Commons.

Open governance During the subsequent discussions, there was unanimity

about the need for the Right to Information legislation to enhance accountability and probity in public life. Also there was general agreement on the need to give functional and financial autonomy to the Legislature in order to secure effective accountability of the executive.

One of the delegates from the Nigerian Senate emphasized the need to have a model Commonwealth code of conduct regulating the conduct of legislators so that integrity and probity are ensured.

A delegate from Ghana, Hon. Osei Bonsu, MP, stated that a committee on assurances has been introduced in their House to secure the accountability of the executive. Mr Mohammad Asghar,

AM, from Wales stated that there is a procedure for scrutiny of the expenses claims in Wales which ensures that there are no wrong claims.

Hon. Henry Chimunthu Banda, MP, from Malawi stated that there should be a law to ensure the financial independence of the Legislature.

Hon. Seitelko, MP, of Lesotho stated that party whips bind Members to vote along party lines even when their constituency interests demand that they should vote in a different manner. On this Mr Barron explained that in the U.K. Members have the freedom to vote even against the party line, if there is a need from the constituency point of view. Ms Mfeketo intervened at this stage to

say that in South Africa Members are elected by the list system and therefore constituency interests of a particular Member do not arise.

To sum up, the discussion leaders observed that Parliamentarians have very high responsibilities and therefore should not be influenced by personal considerations. A very powerful and strong Parliament is necessary to ensure good governance. There should be a Parliament with full financial and administrative autonomy and there should be fulltime Parliamentarians with adequate remuneration to serve the public. Parliamentarians should effectively speak for their constituents and make them feel that there is always someone available to take care of them.

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WORKSHOP E WORLD ECONOMY

57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Workshop E - 26 July 2011

THE WORLD ECONOMY AND OBSTACLES FACING THE COMMONWEALTH

Moderator: Ms Nafisa Shah, MP, (Pakistan).

Discussion Leaders: Hon. John Boyce, MP, Minister for Transport and Works and Leader of Government Business in the House of Assembly, Barbados; Hon. David Musila, MP, Assistant Minister of State for Defence, Kenya; Shri Balbir Punj, MP, India; Prof. William Darity, Duke University, U.S.A.

The international economic and financial crisis has highlighted economic interdependency and the need for better economic governance and an effective regulation regime at a global level.

Since 2008, the crisis has brought a fall in global demand and consequently a downturn in economic activity which has adversely affected small and developing economies that depend heavily on exports in the absence of a large internal market.

The barriers that exist in international trade, by way of tariffs, quotas and similar measures, which have been the subject of various conferences of the World Trade Organization, prevent access to the large markets of developed countries for the goods produced by developing countries. Within the

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Commonwealth, the developed countries ought to assist developing countries by facilitating trade because developing countries need trade and not aid which translates into dependency.

Commonwealth developing countries often suffer from a lack of access to financial resources and a sound legal system that protects investment. Development is also often undermined by corrupt practices and inadequate education and health services.

Another obstacle to economic development is intercommunal discrimination on the basis of race, creed, religion, status and other such factors which put entire sections of society at a disadvantage in terms of education, job opportunities, income and social mobility. The

remedy for intercommunal discrimination is that there should be concrete measures established to achieve social justice.

Seizing modern economic advantages Hon. David Musila, MP, Assistant Minister of State for Defence in Kenya, stated that sustaining a high level economic growth is a primary aim of all policymakers. He remarked that the financial crisis had adversely affected in different measures developed and developing countries of the Commonwealth and that one cannot overlook the fact that a new economic order is emerging with the increased global role played by BRIC countries – Brazil, Russia, India and China.

Mr Musila opined that important

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Discussion leaders from left to right: Hon. David Musila, MP, Kenya; Prof. William Darity, Duke University; Shri Balbir Punj, MP, India; Moderator Ms Nafisa Shah, MP, Pakistan, and Hon. John Boyce, MP, Barbados.

aspects of a modern economy are the speed in which modern technology is developed and applied, globalization and how modern communication means, especially the internet, have transformed the movement of commodities, labour and capital among nations. He noted that globalization is creating more opportunities to individual companies which, in poor countries are liberating them from excessive government control. He added that economic growth has also been the result of successful economic reforms introduced over the past decades of market transformation by way of constructive relationships among businesses, commercial banks, insurance companies and government together with state-sponsored

trade and investment initiatives.

Mr Musila reckoned that export credit guarantee schemes still have to be further developed in many Commonwealth states to enable exporters to bridge the gap between the time goods are manufactured and the time payments are made for the goods exported and for payments to be made in an efficient but least costly manner.

Mr Musila insisted that developing countries primarily need trade in order to achieve economic viability and not aid from developed nations which tends to perpetuate a state of economic dependency. He proposed a common strategy aimed at alleviating the economic problems facing Commonwealth countries by sharing information through the

setting up of professional associations, defining clearly the role and objectives of export credit agencies and the enhancement of co-operation with the International Bank for Reconstruction and Development.

An opportunity for structural adjustments Hon. John Boyce, MP, Minister for Transport and Works and Leader of Government Business in the Barbados House of Assembly, reported that the economy of Barbados is starting to stabilize itself and to register modest economic growth after three years of tough challenges. He recounted various reasons that contributed to economic decline in small states, among them, the hard reality that small states are heavily dependent

on the fortunes of their major trading partners, the U.S. and the U.K. in the case of Barbados. He added that in an open economy like that of Barbados a major negative effect of economic decline is heavy job losses particularly in the private sector.

This often left little choice for the government but to engage in a fiscal expansion programme to resuscitate the domestic economy and to keep the fabric of the community together.

Mr Boyce remarked that the economic crisis presents an opportunity for structural reforms in the economy by, for example, changing the economic profile of the country. As an example of how decisions taken by major trading partners affect the domestic economy, Mr Boyce cited the

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introduction of the airport passenger tax by the U.K. government which is adversely affecting the tourism industry in the region so much so that the Caribbean Tourism Organization has been lobbying the U.K. government to reconsider this measure.

He lamented that although foreign exchange earnings are on the increase so are oil and commodity prices which contribute to a high level of inflation and an increase in the general cost of living in Barbados.

Mr Boyce concluded that, in order to grasp the opportunities offered by the recession, one has to embark on a national dialogue between all critical stakeholders in the private and public sectors, the labour movement and the wider society.

The Commonwealth’s assets Shri Balbir Punj, MP, of India stated that the Commonwealth’s made large and very small economies must assess their economic strengths and weaknesses to find ways to meet the challenges presented by the emerging world economic order. He noted that the decline in the aggregate global demand and trade flows has had serious negative effects on small economies, resulting in diminishing export revenues and the rise in unemployment coupled with the

deterioration of government fiscal assistance.

Shri Punj said that in certain parts of the world natural disasters had aggravated the already gloomy economic situation.

The Indian opined that the large and small countries of the Commonwealth should focus on economic policies that would boost their exports, increase domestic productivity capacities through appropriate structural reforms, improve the infrastructure, create a sound investment climate and facilitate private sector access to capital, skills and markets.

Shri Punj added that challenges are also surfacing on the fiscal front such that the indebtedness of governments has become a serious threat to economic stability and growth which therefore needs to be addressed. He also considered high levels of unemployment, high inflation, commodity price volatility, growing economic imbalances and government protectionist policies as causes for concern. He mentioned the need for greater surveillance and regulation in order to detect and react in time to economic and financial irregularities and instabilities.

The importance of credible international policy co-ordination cannot be over emphasized, he said. It is indeed a great advantage to have five Commonwealth countries form part of the G20

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which has been designated as the primary forum for international economic co-operation in the background of the recent financial crisis.

Shri Punj concluded that Parliaments play an important role that in the current economic situation first and foremost through scrutiny of the economic decisions taken by their respective governments and, on a wider scale, through campaigning for an inclusive solution to any global problem by forming new bonds and partnerships among Commonwealth countries.

Discrepancies within communities Prof. William Darity of Duke University in the United States demonstrated the relationship between ethnic, racial and other forms of discrimination and economic inequalities. He referred to the United Nations Human Development Index (HDI) which provides a richer measure of wellbeing than per capita income and a more inclusive approach because it includes national performance in education and health.

Prof. Darity stated that the tensions associated with interethnic or interracial differences are aggravated in times of recession and a prime example was the intercommunal violence that erupted in Indonesia during the 1997-8 South-East

Asian currency crisis. Prof. Darity referred to various studies and presented several country cases, among them, the following: South Africa: In 1992, toward the end of the apartheid era, South Africa's overall HDI score was 0.65 out of a maximum of 1 but when the score was examined separately, white South Africans had a score of 0.88, which would have placed white South Africa 24th out of approximately 180 countries worldwide. However, black South Africans had a score of only 0.46, placing them 123rd.

Present post-apartheid South Africa has maintained one of the highest unemployment rates in the world, at about 25 per cent, but exposure to unemployment was not evenly distributed across South Africa's racial groups so much so that the majority experienced unemployment rates close to 30 per cent while the minority experienced an unemployment rate close to four per cent.

Nigeria: A 1994 report did not provide HDI information by ethnic group but instead scores were provided for each of the then 19 states which provided indirect information about intergroup inequality in Nigeria because each of the states had a high degree of ethnic homogeneity. It was striking that while Nigeria's 1992 overall HDI was very low at 0.348, ranking it 139th in the world, the state of Bendel had a score of 0.67, while Borno scored only 0.16 which was below that of any country in the world. A 2010 study indicated that these ethnic-cum-spatial disparities persisted also in education.

Canada: Its HDI in 1992 was of 0.93, the highest in the world, but nevertheless there too was a pronounced intergroup disparity such that the First Nations people, constituting approx. three per cent of the population, had a life expectancy 5.6 years lower than the rest of the population, their real income was one-third less, the unemployment rate of 20 per cent

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was twice the national average and they were also more likely to be subjected to violence and depression.

United Kingdom: Studies showed strong evidence of labour market discrimination against nonwhite ethnic minorities, particularly those of West Indian and Asian ancestry especially with regard to wage and employment disparities.

Bermuda: Even in this small, black-majority territory, studies demonstrated a 30-per-cent gap between the earnings of black and white men and that was best explained by discrimination against black male workers because high incomes from the very successful offshore banking sector was far from equitably distributed across Bermuda's population.

Prof. Darity concluded that the pursuit of social justice and the restoration of economic growth were not necessarily mutually exclusive activities. One of the consequences of the economic downturn is reduced employment opportunities which, in certain countries are aggravated by a situation of racial, ethnic and social divides with the dominant groups taking hold of resources to the exclusion of the weaker sections of society.

Correcting global and domestic problems United Kingdom Member Lord Davies of Stamford argued that the world economy has always gone through trade cycles, mistakes by the banking system and economic downturns such as that of the 1930s and the Asian Crisis in the 1990s together with the present financial crisis in Europe, particularly in the Eurozone where efforts are being made to improve the regulatory system and to enhance economic governance.

Lord Davies explained that political and monetary stability, tax reforms, deregulation and privatization have worked out remarkably well as a formula for economic growth since the

Second World War, even in the BRIC countries. He maintained that the challenges of the future are often informational and institutional whereas the developing world faces a series of internal challenges ranging from access to a fair and impartial judicial system operating under the rule of law to financial transparency, availability and credibility of information and doing away with insider trading and corruption.

With regard to international trade Lord Davies remarked that much of the talk at the World Trade Organization is about making developed markets accessible to products manufactured by the developing countries. But, on the other hand, not much concrete action has been taken to liberalize trade between neighbouring developing countries where, for example, he said trucks queue for hours or even days on the KenyaTanzania and Ghana-Togo-BeninNiger borders at a colossal economic cost.

Hon. Dato’ Devamany S. Krishnasamy, MP, of Malaysia spoke about the Malaysian experience in handling the financial crisis that hit the region in 1997-98 which prompted the need for reforms and monitoring.

He observed that the Commonwealth discussed democracy, structural reforms, human rights, gender equality and standards because the economy was intrinsically linked to the complexity and the multidimensional environment of the nation.

Dato’ Devamany explained that Malaysia adopted an economic model that was based on inclusiveness given the multiethnic and multi-cultural society of Malaysia. It embarked on political transformation, government transformation and economic transformation. He added that through its 10-year development programmes Malaysia has established a very successful

economic policy which has attracted substantial foreign direct investment and where the private sector was the driving force of the economy.

Hon. Zaqy Mohamad, MP, of Singapore remarked that the biggest challenges, especially for small states, are how to adjust and react to changes in the international markets. Among the challenges he mentioned are competition from low-cost countries, inflation and wage control policies together with tax policies and discriminatory policies operated by developed countries.

Internal issues Mr Smuts Ngonyama, MP, of South Africa maintained that state intervention is necessary to correct an economic system that discriminated on ethnic and race lines for many years. He explained that black empowerment policies have had unintended consequences because they led to the enrichment of those few who had access to information and the exclusion of the rest; this situation therefore requires a fundamental change. Mr Ngonyama insisted that the economic partnership agreements within the African continent should not be established at the expense of the developing countries.

Mr Basil McCrea, MLA, of Northern Ireland recounted that Northern Ireland has had 30 to 40 years of terrorist violence which were resolved to a certain extent in 1998. He explained that since then there has been a huge amount of legislation to ensure equal representation for all, for example, positive discrimination in the police force. However, the case in Northern Ireland has not yet been won with the population at large in showing that equality will lead to a better life for everybody.

Mr McCrea said that Northern Ireland shares the same problems as Barbados with regard to the passenger tariff imposed by the U.K. government such that tourists

now prefer to go to the other side of the border with Ireland. He added that Northern Ireland had the advantage of being institutionally tied to the U.K. and Europe besides having historical linked with the U.S. Mr McCrae concluded that up to 90 years ago the Irish were the best shipbuilders in the world, so much so that they built The Titanic.

Mr Mohammad Asghar, AM, of Wales remarked that, like Ireland, Wales was lagging behind in economic terms; however, he said he is convinced that with adequate government incentives to businesses and with a more open and honest market the economy will prosper.

Mr Asghar said that the world economy is in the hands of the few.

He also observed that within the Commonwealth there are some of the richest and some of the poorest countries in the world and that the Commonwealth did not live up to its name “common wealth”. He proposed that, like the G20 which was made up of the richest countries that effectively controlled the global economy, the poor countries should form their own grouping so as to promote measures conducive to an increased flow of trade both within Commonwealth countries and with other groups.

Baroness Hooper of the U.K. said that one cannot discuss the world economy without making reference to China which was an emerging economic power. She noted that most countries actually exported natural resources to China and then imported manufactured goods from China.

Baroness Hooper also observed that Chinese investment in overseas projects, such as in Africa and the Caribbean, were invariably carried out by Chinese labour and therefore there was no transfer of skills to the local workforce.

Baroness Hooper called on Parliamentarians to raise such issues with their respective governments.

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WORKSHOP F AGENTS OF CHANGE

57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Workshop F - 26 July 2011

WOMEN AS AGENTS OF CHANGE: WHERE ARE WE NOW? THE WAY FORWARD Moderator: Rt. Hon. Baroness D’Souza, Lord Speakerelect, United Kingdom.

Discussion Leaders: Rt Hon. Rebecca Kadaga, MP, Speaker, Parliament of Uganda; Mde. Charlotte L’Écuyer, MNA, Québec; Dame Billie Miller, Former Deputy Prime Minister of Barbados and former Chairperson of the CPA Executive Committee; Ms Kemi Ogunsanya, Advisor, Gender and Political Development, Social Transformation Programmes Division, Commonwealth Secretariat.

Women need to see themselves as individuals capable of creating change. They need to develop strategies to encourage and foster interest in politics, strategies that may well transcend partisan political lines, agreed delegates at this workshop.

The work undertaken by nongovernmental organizations was considered a prime means by which women can develop their talents and expertise in the political arena. Also of note were the effectiveness of Youth Parliaments in introducing women to politics and its processes.

Women have established or own nearly one quarter of the new businesses in the world. Such businesses have become the sparkplugs of new economic growth. Efforts to promote the developments of small business may well broaden women’s access to economic decision-making and power. Women are a high return on investment, yielding great dividends.

Women represent one half of the world’s population and are

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becoming less dependent on the male-dominated power structure to act on their demands.

Despite some advancement of women in politics, the workshop noted a multitude of barriers continue to exist. These include: a lack of economic security; racial, cultural and religious norms, as well as competing priorities. Moreover, once these obstacles are overcome for women to find their respective places within the political arena, they are confronted by challenges from within political parties in an environment dominated by men.

Fighting for rights and justice The workshop was enthusiastically attended by women Parliamentarians throughout the Commonwealth, ending in a spirited song of solidarity for women’s rights and equality. It provided a dynamic and practical forum to discuss means by which women may become active, energized and empowered within the political sphere. They are

becoming an increasing vibrant force of governance, working to strengthen their respective democratic institutions while at the same time creating more just and equitable societies.

It was noted at the outset that women represent one half of the world`s population and are becoming less dependent on the male-dominated power structure to act on their demands. Their sense of participatory democracy is strident and they realize that it requires a greater number of women than currently exists within the parliamentary context to achieve a more realistic representation of gender equity and justice, reflective of society as a whole. In essence, no Parliament may claim to be truly representative without the participation of both men and women. As expressed by United Nations Secretary-General BanKi-moon at a roundtable held at UN headquarters on gender equality and democracy: “Women’s political participation improves democracy; it provides public

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WORKSHOP F AGENTS OF CHANGE

Dame Billie Miller, Barbados (second from right) speaking to delegates, with fellow presenters: Ms Kemi Okusanya (far left); Hon. Rebecca Kadega, MP, Uganda (second left); Moderator Rt Hon. Baroness D’souza (centre) and Mde Charlotte L'Écuyer, MNA, Québec.

space for discussion of human rights and women’s empowerment.

It enables women’s groups to mobilize and makes it easier for women to realize their political, civil, economic and social rights.”

Despite the advancement of women in politics, a multitude of barriers continue to exist. In fact the overall percentage of women in Parliament stands presently at 19.3 per cent, with less than 30 countries achieving the Commonwealth’s 30-per-cent target for women in national Parliaments. Indeed, economic security, racial, cultural and religious norms, lack of education, as well as competing priorities are among the myriad of obstacles discouraging women from entering the political arena.

Where women have overcome such issues, they are met by challenges brought from within political parties themselves, in an environment dominated by men.

They are concerned that the media will not provide accurate and fair coverage of the platforms they represent. They are confronted with the lack of political will amongst leaders and parties to allow for a greater participation of women in key decision-making

institutions, as well as discriminatory laws and practices against women. Moreover, traditional and cultural barriers tend to recognize men as the natural leaders, thereby viewing the participation of women in politics as a direct challenge to the traditional order. In this respect, there is an implication that lack of education and financial resources correspond to a lower social standing.

Improving their self-image Women need to see themselves as individuals capable of creating change, as a strategically fundamental investment yielding great dividends. Indeed, women have been known to deliver great results in eradicating poverty, hunger, educational opportunities for citizens, promoting gender equality, reducing child mortality, improving maternal health, combating HIV/AIDS and malaria, while ensuring environmental sustainability and developing a global partnership for development. In order to achieve this, they need to develop strategies to encourage and foster such areas of interest.

The arena of local government

could be an ideal entry point for women interested in politics, with the cost of organizing an election campaign relatively low while the issues they confront are of great social importance. The key lies in the ability for women to build constituencies of interest in the myriad of causes they may promote. In so doing they may well work to transcend the confrontational aspect of partisan politics, in the promotion of issues that raise a greater sense of engagement by all citizens, thereby leading to the creation of a firmer civil society, and the issues in so doing may well transcend partisan politics.

The work undertaken by nongovernmental organizations (NGOs) may well be a prime means by which women hone their talents and expertise within the political arena, while developing a confidence and experience crucial to a career within the parliamentary context.

The effectiveness of Youth Parliaments in introducing women to politics and its associated mechanisms may in turn be a valuable introduction to life in politics. Moreover, mentorship programmes may be effective in

promoting women within the political realm. Such measures may include the establishment of a women’s wing within a political party or a caucus for women made up of all parties within the Parliament. It has also been known that Parliaments may fund familyfriendly policies to encourage the participation of women, including the provision of access to childcare facilities that are subsidized and monitored by public authorities, and the encouragement of flexible work arrangements, such as the ability to request modified schedules, the ability to access paid parental leave, and the promotion of tele-working.

The task of fulfilling the role as a Member of Parliament is indeed unrelenting yet gratifying, and such investments made to foster the participation of women in the public arena will do much to strengthen the society as a whole.

Social upliftment The active participation and representation of women in politics is crucial not only to the development of their own human capabilities and their empowerment, but also in contributing to democracy as a whole. Society needs a stronger gender perspective and democracy must be genderresponsive. There is a need to create an environment whereby women may be encouraged and supported in their efforts to have equitable access to resources and opportunities.

From the grassroots and local government to the national political sphere, the inclusion of women in politics is economically efficient and socially just. It leads necessarily to the improvement in the quality of lives and the building of communities. H.E. Ellen Johnson-Sireal, the President of Liberia, states such a notion so aptly: “The vision of women is one of inclusion, not exclusion, peace not conflict, integrity not corruption, and consensus not imposition.”

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WORKSHOP G TECHNOLOGICAL THREATS 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Workshop G - 26 July 2011

TECHNOLOGICAL THREATS TO INTERNATIONAL, NATIONAL AND PERSONAL SECURITY

Moderator: Hon. George Hicks, MLA, Speaker of the Legislative Assembly, Manitoba.

Discussion Leaders: Hon. Meira Kumar, MP, Speaker of the Lok Sabha, India; Mr Shane Ardern, MP, New Zealand; Dr Lim Wee Kiak, MP, Singapore; Mr Mark Stephens, VicePresident, Commonwealth Lawyers Association.

Technological advances have had clear beneficial impacts both in a societal and financial sense.

However, the huge progress made in recent times has led to the emergence of new threats. The most prominent threat is that posed by developments in information technology.

Cyber threats have a wide range of implications, from personal information security through to cyber espionage perpetrated against nation states and even disruptive attacks on national infrastructure. There was agreement that education on personal security is necessary, especially when individuals are not aware that many internet resources offer functionality at the expense of privacy. Legislation is also necessary on information security, an area where keeping abreast with developments in technology is problematic.

The difficulty in attributing

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blame over attacks and bringing perpetrators to justice represents a considerable challenge. Discussion leaders said that policing agencies require further funding and that countries should establish security agencies responsible to assess and address emerging threats.

International communication and collaboration are vital to address cyber threats as they do not respect geographical or political borders. The CPA is well placed to assist in programmes on cyber threats and other areas such as biotechnology.

The use of the internet as a tool for dissent was also covered. The “Arab Spring” has shown that information and communication technologies are a social enabler.

In contrast, the WikiLeaks episode and subsequent attacks by so called “hacktavists” demonstrate how the internet also provides a means of dissent that could be deemed illegal. Government

responses to WikiLeaks have also shown how governments can attempt to keep information out of the public domain. Although participants and speakers agreed that governments have a duty to maintain secrecy over certain information, there were differing views on where the balance between security and openness should be found.

Global co-operation Hon. Meira Kumar, MP, Speaker of Lok Sabha of India, opened the workshop by noting that technological developments have been a driving factor in the advancement of civilizations. This was a point that was echoed by all discussion leaders. However, each speaker also agreed with Smt Kumar’s statement that with technological advances come new threats to all levels of society.

The birth and subsequent policing of cyber space is a

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Left to right: Dr Lim Wee Kiak, MP, Singapore; Hon. George Hicks, MLA, Manitoba; Mr Shane Ardern, MP, New Zealand; and Mr Mark Stephens, Vice-President of the Commonwealth Lawyers Association.

significant challenge. Smt Kumar said that, while policing and legislation in the physical domain is a clear sovereign responsibility, cyber space does not respect physical boundaries or territories.

Unfortunately, it is possible through the cyber domain to disrupt critical services and infrastructure, such as transport, financial markets and government information services.

Smt Kumar pointed to Indian legislation on information security, which was first enacted in 2000 but was amended in 2008 and will require further amendment in the future. She noted that such legislation must be regularly reviewed and that, on the international stage, CPA Members should find ways to encourage communication and collaboration

on a matter that is a global issue that requires global solutions.

Agricultural threats Mr Shane Ardern MP, New Zealand, spoke of technological advances that have led to biological threats, an area that is of significant concern to agricultural economies. Examples such as the Varroa mite that affects honeybee populations poses considerable threats to New Zealand’s agriculture, with the mite impacting not only bee colonies but also the pollination of crops.

Mr Ardern said that New Zealand and other nations should look beyond those technological threats that have precedents and consider those that have yet to emerge. New Zealand, for

example, is concerned over the impact of nanotechnologies and wireless technology. While the increasing use of science and technology among society will only increase, countries and legislators particularly must assess which developments pose the greatest risk and put in place measures to tackle them.

Deliberately overloading technology That new technologies pose new risks and that there is a need for responsible technological development was a point echoed

by Dr Lim Wee Kiak, MP, of Singapore. Technology not only presents opportunities for threats, but is itself a double edged sword whose application depends on

who wields it, said Dr Lim. Unconventional threats in chemical, biological, radiological and nuclear sectors can emerge from technological progress whose original intention was good.

International efforts through agencies such as the International Atomic Energy Agency are therefore crucial to ensure that facilities developing or using potentially dangerous materials and technologies do not have malicious intent.

As one of the world’s most wired countries, Singapore is concerned with threats posed through cyber space. Dr Lim spoke of distributed denial of service (DDoS) attacks, floods of Internet requests that overload online resources, making them

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Such attacks on Estonia in 2007, Georgia in 2008, South Korea in 2009 and most recently Malaysia in June 2011 targeted government websites. All of these attacks are signs to Singapore, and other wired nations, of the vulnerabilities that dependence on internet resources introduces.

DDoS attacks do not just affect governance. The WikiLeaks disclosure of sensitive U.S. diplomatic cables led to several

“...legislators must consider what information must be withheld and what can be divulged to the wider public.” payment firms suspending financial transfers to WikiLeaks’ accounts. In response, hacking groups launched DDoS attacks against the payment firms. Such attacks are not financially motivated; rather they are launched for social or political reasons, otherwise known as “hacktavism”.

Nations must be worried about these attacks, the tools for which are easily obtained.

Cyber threats go beyond hacktavism, Dr Lim said. Cyber espionage has been observed through a number of high-profile cases in recent years. These attacks have targeted political and financial structures to obtain information; they have targets leading technology, security and defence contractors to gather intellectual property and they have also targeted governments themselves. In many cases the attacks have been traced back to the Peoples Republic of China.

More recently, the Stuxnet attack

showed that cyber attacks can be used as weapons with real physical effect.

Cyber attacks pose risks from the individual level through to national security. Dr Lim advocated the implementation of cyber incident response teams, the use of cyber incident exercises and the foundation of critical information infrastructure protection agencies.

Singapore is making progress in all of these areas in order to best secure its online assets.

The hyper-secrecy overreaction Mr Mark Stephens, a London solicitor and Vice-President of the Commonwealth Lawyers Association, said that cyber space has presented challenges since its inception, but that this year it has become one of the foremost challenges to security and safety.

Mr Stephens spoke of the WikiLeaks incident, whereby hundreds of thousands of U.S. diplomatic cables were provided by a source, whose identity at the time was anonymous. Mr Stephens noted that the dissemination of this information by the press has been largely responsible; but, as a result of the leaks there has been a surge of classification activity observed in the U.S. National Archive. Overclassification, Mr Stephens said, is an issue both for governments and the public they serve.

Data privacy is not only threatened by cyber attacks. Mr Stephens said he was one of a number of lawyers whose mobile phone information was discovered by police to be in the possession of private investigators employed by the then U.K. newspaper The News of the World. Furthermore, data availability is a real issue with new technology. DDoS attacks can be used by hackers to bring down internet services; but they can also be used by states to deny the public access to certain information. Self-imposed censorship is also possible, as has been shown by the Chinese

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censorship of internet services – the so called “Great Firewall of China”. Mr Stephens said that the major challenge from his perspective is to find a way of operating and regulating the internet in a fair manner through legal frameworks.

Protecting the vulnerable The discussion section of the workshop raised the significant threat to young people that child pornography poses. Ms Candice Hoeppner, MP, of Canada

mentioned that her country has passed legislation that mandates Internet Service Providers to provide information to the police on the location of indecent images.

She asked whether and how other Commonwealth nations have responded to this issue. Mr Stephens gave the example of the U.K.’s Internet Watch Foundation, an independent organization supported by industry which has been able to search for images online and report these to service providers. Mr Stephens said this

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Regulating what appears on the internet was a key issue for delegates at Workshop G.

model has been replicated globally.

The discussion leaders had mentioned that legislating on cyber threats and enforcing this legislation is difficult due to constant technological advances and the anonymity the internet affords. Hon. Alex Downie, MLC, of the Isle of Man asked how perpetrators of cyber crimes can be brought to justice while Prince Guduza Dlamini, MP, of Swaziland, asked whether legislation has to react to technology or if it can ensure the safety of technology

before it is brought to market.

Smt Kumar responded that international agreements, which are in place on so many other trade and financial issues, are needed in the technological and cyber arena.

Dr Lim, meanwhile, said that constant assessment of threats is necessary and that public education efforts must be regularly updated to address the most prominent threats.

Communication on both national and international scales were advocated by all present, with

the threat environment evolving with technology there was a consensus that no one nation or organization can tackle these threats without fast and trusted communication.

Hon. Manohar Nadendla, MLA, of the Indian state of Andhra Pradesh said that the need for communication could be further extended, adding that technologically advanced nations could assist those less developed or smaller nations in dealing with technological threats.

Debating the need for secrecy The need of governments to keep information secret was a point disputed by discussion leaders and observers. Ms Hoeppner said that governments must ensure they are not pressured by hackers into divulging information and that hackers’ intent to cause disruption is not motivated by any honourable reasons. Mr Stephens argued that if no outlet is provided for dissident voices, then the probability of hacktavism rises. Mr Hugh Bayley, MP, of the U.K. said that while the freedom of speech on the internet enabled the “Arab Spring” of prodemocracy uprisings, freedom of speech online must not be confused with freedom of information. The WikiLeaks incident, for example, could have resulted in significant diplomatic crises.

With technology being created by multinational companies, who may supply technological solutions to many smaller countries, Mr Bayley asked how vulnerabilities in technology introduced intentionally could be limited.

Some vulnerabilities are inevitable, Mr Stephens said.

However, Mr Ardern pointed out that governments are increasingly open about their procurement of technology, something that can only help security.

In closing, Mr Stephens said that national security agencies need to operate freely and appropriately at times of crisis; but legislators must consider what information must be withheld and what can be divulged to the wider public.

Mr Ardern, meanwhile, said that there are so many areas of technological development that expertise in certain areas may be localized to specific nations. This, Mr Ardern said, further emphasizes the need for good communication to internationalize knowledge that will be beneficial to all nations – an area in which the CPA could have real impact, he said.

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WORKSHOP H AGRICULTURAL TECHNOLOGY AND RESEARCH 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Workshop H - 26 July 2011

THE ROLE OF PARLIAMENTARIANS IN ADVANCING THE TRANSFER OF AGRICULTURAL TECHNOLOGY AND RESEARCH Moderator: Ms Moana Mackey, MP, New Zealand.

Discussion leaders: Hon. Nimal Siripala de Silva, MP, Sri Lanka; Mr Greg Brkich, MLA, Deputy Speaker of the Legislative Assembly, Saskatchewan; Hon. Datuk Fadillah Yosuf, MP, Deputy Minister of Science, Technology and Innovation, Malaysia; Prof. Ian Maudlin, Director, Research Into Use; Dr Paul Coleman, Director, H2O Venture Partners Ltd.

The importance of investment into agricultural research was highlighted as a means for nations to become more domestically selfsufficient and achieve a comfortable level of food safety.

Although a great deal of research has already been done, much of this work has not been communicated to the global population. Research should be made available to all countries to enhance domestic crop yields and increase local sustainability.

There was concern expressed from developing countries that much research is held in the Western world and can only be accessed at a high price. The issue of the “brain drain” was also raised.

The workshop noted that scientific researchers are rarely responsible for implementing new technology in the field; entrepreneurs therefore need to be encouraged

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to implement advances to transfer new technology from the laboratory to the field.

An agricultural priority for security Hon. Nimal Siripala De Silva, MP, of Sri Lanka said there are close to a billion undernourished people in the world. This was then compared to a projected estimate given by the Food and Agriculture Organization in 1966 that by the present day, the number of undernourished people could be around 840 million, and that attempts should be made to reduce this to at least 240 million by this time. This target has not been met; indeed, the number of undernourished people is much higher even than initially estimated.

He argued that strengthening the agricultural sector is a primary goal for Parliamentarians.

Parliamentarians must also deal with increasing populations and decreasing areas of available agricultural land. The impact of climate change has decreased the amount of food available and crop yields due to the increased devastation power of climate change events such as flooding.

He said agriculture needs to be given priority. People need to produce more good quality food with less land and less water.

Agriculture needs to be made profitable, while producing affordable food. It is also important to adapt to climate change while protecting biodiversity and ecosystems.

In order to achieve this, highquality research and development is needed. Additionally, it is important that this technology is transferred to farmers and other practitioners to implement

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technological advances. He also mentioned the effect of the brain drain on the ability of developing nations to advance.

Mr Greg Brkich, MLA, Deputy Speaker of the Legislative Assembly of Saskatchewan, then spoke of how Parliamentarians have the duty to help producers feed the world’s population. Largescale investment in infrastructure is needed to solve the food security problem, and not investment in research alone.

He explained how past advances in agricultural technology were implemented in Canada.

Given the nature of the land available for agriculture and a very short growing season, research showed that the production of

pulses would be viable. Canada now exports vast quantities of lentils to India and peas to southeast Asia. Agricultural advances can be applied locally to have an impact globally.

Hon. Datuk Fadillah Yosuf, MP, Malaysia’s Deputy Minister of Science, Technology and Innovation, spoke of his country’s plan to change from a resourcebased economy to a productionbased economy, and eventually an innovation-led economy. Through this development, he said Malaysia will be able to tackle the problem of food security, while raising the standard of living of its people by achieving sustainable growth.

Various programmes have been put in place to address social and

economic inequalities affecting Malaysians which will ultimately improve security for the country.

There is a great deal of emphasis on the implementation of biotechnology to increase food security. One way of increasing the investment in biotechnology research and development is to capitalize on the concept of “contract farming”, a process by which herbal products with medicinal value are grown for sale to pharmaceutical companies to raise funds for research and development.

He agreed it is important for technology to reach farmers.

Regular information on market trends and potential trade options should also be supplied so farmers

Discussion leaders (from left); Mr Brkich (Saskatchewan), Datuk Fadillah (Malaysia), Mr de Silva (Sri Lanka) and Ms Mackey (New Zealand). focus on crops that will sell at market, and which markets would be most profitable.

Putting research into practice Prof. Ian Maudlin, Director of the U.K.-based Research Into Use programme to promote agricultural research and innovation, explained the inefficient flow of knowledge from lab to field. Research is expensive, however many scientific findings related to agricultural improvement often never leave

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This page: Discussion leaders Professor Ian Maudlin (left) and Dr Paul Coleman; Opposite page: Delegates listening to the discussions.

academia. Research Into Use bridges the gap between research and the implementation of this knowledge in small communities in developing countries.

Prof. Maudlin emphasized the need for local areas and countries to form alliances and network to use their knowledge base and resources. Academics rarely turn research results into a usable form as they are not trained in how to effectively market a product. In order to fill this gap in the transfer of technology, entrepreneurs are encouraged to develop ideas about how to use advances in the agricultural arena. Research Into Use and others fulfil this role and are also available for consultation.

Dr Paul Coleman, Director of H2O Venture Partners said publicly funded research currently amounts to £300 billion globally. In order to secure funds to implement research, investors need to see a business plan. These are not normally created within an academic environment, and so it is companies such as H2O Venture Partners assess the potential market value of a piece of research

and market this product to potential investors. There is underresourcing at the development stage and often a lack of understanding of market needs.

Parliamentarians can help to resolve problems in identifying the appropriate research and applying it in the field.

Impediments to technological transfers Hon. Vaifou Tevaga Peseta, MP, from Samoa stated that much of the research carried out is funded locally, with some funded by different countries. He asked whether there is any funding for agricultural research and development available from any other sources. Mr Brkich said the Canadian approach involves international collaboration and invited delegates to visit the University of Saskatchewan to learn about new technological advances that can be taken home to be put into practice. Although further funding may not be available, the sharing of knowledge ensures that developing countries are able to keep up to date with

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current research through networking and collaboration.

Hon. Joseph Banadzem Lukong, MP, of Cameroon said many Western businesses only transfer technology to developing countries at a high cost. Can the transfer of knowledge and current technologies occur without the interference of Western businesses? He agreed that the brain drain is also an issue in Africa and that steps should be taken to minimize it. He also stated that while it is important to invest in agricultural research, it is just as important to face the challenges of poor infrastructure in order to keep rural communities connected to markets and trade links.

Mr De Silva backed this point, asking whether any significant research has been transferred from the West to developing countries free of charge. He argued that this is yet to happen, insisting that developing countries must pay enormously for knowledge from the West. He argued that the Western world should supply this knowledge to developing countries free and that,

given the numbers of people dying from malnourishment, the West should ensure that technology is in place in developing countries to make food production more secure.

Regarding the brain drain, he added that during his time as Chairperson of the Executive Committee of the World Health Organization, an investigation showed that when bright minds leave for the West for training and education, they are offered visas and jobs very easily and as a result never return. He compared this to a second wave of imperialism as intellectual minds are being taken from their country of birth and being exploited by the Western world.

A fair share Hon. Datuk Yosuf stressed the need for developing countries to share their knowledge and experience and form collaborations with other developing countries and communities within the African continent. Dr Coleman stated that eight of the programmes currently

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in place are progressing as indigenous African-domiciled companies that are managed by African residents to boost African agriculture. The knowledge is taken from the West to generate profit on a smaller scale, growing and returning money to local areas to assist social change.

Hon. Shahid Esau, MPL, of Western Cape agreed that a lack of local funding and the ownership of intellectual property rights by the West hinders the development of agriculture in developing countries.

He also raised concerns over vast quantities of genetically modified produce being imported from the West, with no guidelines for use. While this produce is not good enough for the West, it is deemed “fit for Africa”, he said.

Many medicines, even those required for basic health, are unobtainable by people in developing countries.

He stated that more guidelines are needed as to when food is no longer fit for consumption, and when it was ready for use as a biofuel.

Mr De Silva agreed with the

points made by Mr Esau, saying that it is understandable that Western businesses want to make a profit; however, there is a fine line between making a fair profit and exploiting the needs of developing countries. Mr Brkich emphasized the need for sharing knowledge, and using this to make the most of the land available to maximize the growing season and the soil type by diversifying the range of crops grown.

Dato’ Seri Syed Razlan Jamalullail Syed Putra, MLA, of Perlis said much research has been carried out, however the knowledge has not been transferred to farmers who are able to apply it to enhance crop yields.

Prof. Maudlin agreed, saying that the current transfer of technology model was devised by North American countries and works provided there is money available.

Organizations such as Research Into Use are trying to transfer knowledge from the lab to the field.

Hon. Robin Adams, JP, MLA, of Norfolk Island detailed an example of near-sustainability on Norfolk Island which has been driven by

the desire of the public to have good food in order to have good health. Islanders decided that they did not agree with imported produce, as they had no knowledge of its background and potential health impacts. Instead, through collaborations and exchanges of knowledge with other countries, Norfolk Island’s community have shown that it is possible to have localized sustainability and food security if there is strong collective public support.

Hon. Cedric Schuster Toeolesulusulu, MP, of Samoa asked how delegates could access information and points raised in the workshop.

He was advised by moderator Ms. Moana Mackey, MP, of New Zealand that this report would be available online and published in The Parliamentarian, and that further information could be obtained by contacting the CPA direct. Delegates were also encouraged to network with one another.

Meeting local needs Mr Sophocles Fittis, MP, of Cyprus stated that although the transfer of technology model works for some countries, the needs of each country are individual and must be identified domestically before any action can be taken. There are many factors to focus on when looking at increasing food security, such as the availability and condition of agricultural land and the availability of water, labour, finances and technology. These must be assessed before marketing can be taken into account. Additionally, research needs to consider the socioeconomic impacts of tourism, industry and housing.

He agreed with the notion of a more localized research focus.

Parliamentarians must work to increase agriculture, particularly in poor areas, and increase research specific to the needs of each country.

Hon. Biman Bandyopadhyay, MLA, of West Bengal said many people are born in debt, live in debt and die in debt. Sufficient land is

“Although a great deal of research has already been done, much of this work has not been communicated to the global population.”

needed for agriculture; however large proportions are taken for industry.

Any crops produced are so expensive that peasants are invariably outpriced. He called for a centralized information service that countries can turn to for advice in developing their own agricultural methods and maximizing the application of research to enhance productivity.

Hon. Dato’ Devamany S. Krishnasamy, MP, of Malaysia said there is a lack of intellectual property consultants and lawyers able to draw up agreements with the big players in research and development. More investment is therefore needed not only in research but also in education to produce more intellectual property experts and software development processors.

He emphasized the importance of making the best use of the land available and the climate to grow crops that may not be indigenous but that can be exported at a profit.

He concluded by stressing the importance of collaboration between developing countries, as well as between researchers and economists in order to best utilise funding and resources.

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COMMONWEALTH WOMEN PARLIAMENTARIANS

57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Commonwealth Women Parliamentarians 26 July 2011

BEING AN EFFECTIVE AGENT OF CHANGE: PRE-REQUISITES AND MODUS Moderator: Hon. Alix Boyd Knights, MHA, Speaker of the House of Assembly, Dominica.

Discussion Leaders: Hon. Rosemary Mukantabana, MP, Speaker of the Chamber of Deputies, Rwanda; Hon. Elizabeth Burain, MP, Bougainville; Rt Hon. Baroness Scotland of Asthal, United Kingdom.

Better economic empowerment measures and education is needed for Commonwealth women, agreed women Parliamentarians attending this debate. It was concluded that women need to see each other globally for their similarities and to work both together and with men, also important agents, to effect change.

Governments and Parliamentarians throughout the Commonwealth should share information on successful measures used in other countries, such as the United Kingdom’s campaign against domestic violence which delegates heard has reduced the cost of domestic violence by billions of pounds. A global effort is needed to combat domestic violence everywhere.

Another success story for women noted by delegates has occurred in Rwanda since the end of the genocide in 1994. Changes effected without discrimination in that central African country have improved the participation of women in decision-making at every level.

Sharing experiences can also help to overcoming differing cultural values which are obstacles to change. Delegates noted that in the Pacific Region, for example, most governments preach democracy but its application

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varies because of differing cultural values. Setting up networks to help women Parliamentarians share their experiences would be beneficial in such cases, it was agreed.

Curbing violence Rt Hon Baroness Scotland of Asthal of the United Kingdom opened the session by remarking that it is particularly poignant that the 100th anniversary of the Commonwealth Parliamentary Association is also 20 years since the Commonwealth Women Parliamentarians (CWP) was created to ensure that women would be able to come together to discuss and effect change. She congratulated the CWP for enabling women Members to change the world together.

She lamented that domestic violence affects women all over the world. In 2003, she took on the role of administering a Westminster allparty parliamentary group on domestic violence. Policies to train teachers and social workers in the U.K. about this issue helped to reduce the cost of domestic violence by £7.5 billion, which is 64 per cent. Baroness Scotland congratulated women Parliamentarians for being a strong voice in this process.

Hon. Rosemary Mukantabana,

MP, Speaker of the Rwanda chamber of Deputies, said she has championed women’s roles in her country. She argued that anybody may be an agent of change, including the President of Rwanda, who helped to stop the genocide in 1994 as part of the opposition army fighting the government.

Since then, she said his government has brought about big political changes without discrimination, and there has been an improvement in participation of women at every level.

She said gender is central to national politics, and there are equal opportunities for women.

Those who are guilty of genderbased violence are now punishable by law. She explained that it is necessary to believe that change is possible, and that women also need effective communication, partnership with men, economic empowerment and education and financial resources. Women must be empowered so that they can say no to domestic violence.

Working together Hon. Elizabeth Burain, MP, of Bougainville said Pacific Parliaments inherited the Westminster system of government; but whilst they preach democracy, its application varies in many countries because of

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Moderator of the session, Hon. Alix Boyd Knights, MHA, addressing delegates.

different cultural values. For instance, in Melanesian and Polynesian societies, a woman is regarded as a service provider. She argued that it is necessary to empower women to overcome obstacles and improve their standing in society, including in government. The Pacific region needs to change its attitude to women through good cultural values but first by restoring those values which are being suppressed by the modern government system.

Ms Burain suggested setting up a Pacific Women Parliamentarians Network so that women can support each other in politics, business and society through sharing experiences, training and workshops. She argued that women must be educated and trained to assume a wide range of positions in government.

Deputy Jenny Tasker of Guernsey congratulated Baroness Scotland for her work raising awareness on domestic violence, and asked about the global foundation that she is setting up.

Baroness Scotland explained that she realized that every country has the same problems, and that the methodology that she employed in the U.K. could work anywhere. The idea is to pool the resources so that countries can learn from what has worked for others. She explained that governments have saved and will save money through raising awareness of domestic violence.

Dr Roberta Blackman-Woods, MP, of the U.K., asked whether

CPA women should try to liaise with women of the United Nations, and whether this could be added to the agenda of the body.

Emphasizing self-belief Hon. Rosemary Seninde Nansubuga, MP, of Uganda argued that the CWP needs to help to change the state of mind of women. In Africa, for example, many women do not believe that they can be agents of change – the CWP needs to help them appreciate the importance of what they do. Often domestic violence is bad because a woman is not financially empowered, and will feel as though there is nowhere else to go. Fighting domestic violence therefore needs to include tackling economic education.

Sen. Henriette Umulisa of Rwanda added to what had been said about the government of Rwanda, arguing that it is necessary to include men in the change.

Hon. Lindiwe Maseko, MPL, of Gauteng commented that women have to support each other and provide a collective political will.

Hon. Beatrice Matumbo Shellukindo, MP, of Tanzania observed that women in some societies still get fewer votes than men. She called on delegates to ask their Parliaments to find out why women vote for men even when they are weaker candidates.

These reasons could then be worked on.

Hon. Loide Kasingo, MP, of Namibia argued that the challenge is the implementation of laws such

as those on domestic violence. In Namibia there is a new crime of “passion”, and she asked how this should be dealt with.

Hon. Evelyn Ojakovo, MP, of Nigeria argued that the CPA should campaign to reach women because many are withdrawn, citing one case when a female election candidate was shot in the arm.

Sen. Zaynab Abdulkadir Kure of Nigeria articulated the view that what joins women globally is their similarities. In Nigeria, it is only through Parliament that women will have a positive impact; but the number of women in Parliament keeps dropping which may be dangerous. The Senator said that the CPA and women should have a proactive agenda for women so that when elections come, actions are taken. Whilst she argued that governments will not take proactive moves to engage women, the Senator called for an agenda to increase the number of women in Parliaments.

Commit to action Hon. Jacqueline Muhongayire of the East African Legislative Assembly argued for the importance of African women supporting each other through sharing experiences. She called for the commitment of women to fight for gender equality legislation.

Rt Hon. Rebecca Kadaga, MP, of Uganda explained that the Pacific is a special region for attention, which needs influence.

Hon. Naomi Fiame Mataafa, MP, of Samoa remarked that there

are very few women in the Parliaments of the Pacific and this makes change difficult. She expressed appreciation for the activities of the CWP through the CPA. The loss of Fiji as a democratic country has hit the region hard, resulting in a loss of critical mass (in terms of knowledge support).

In concluding the discussion, Ms Burain said that it is necessary to be mindful of what is happening around the world and appreciate the similarities between women globally.

Baroness Scotland emphasized comradeship, friendship and community. CWP Members will do better by working together as companions. Baroness Scotland called upon the delegates to think of three things that each will do as a result of attending the meeting, things that they would not have done had they not come. They should write them down and then to commit to do at least one of them. If every single participant did that, Baroness Scotland maintained, the CWP would be a long way forward. She called on the delegates to make one of their commitments to help the global foundation fighting domestic violence in order to create a better world for both women and children.

Ms Mukantabana said Parliamentarians alone cannot effect change in a country; it must be done through the state. The issues are national and not just women’s. She called upon delegates to network, and explained that, without a partnership with men, women’s promotion will be only vain words and will not succeed. Partnership, friendship and the sharing of experiences are vital.

Hon. Alix Boyd Knights, MHA, Speaker of the Parliament of Dominica and Chairperson of the CWP, called for continuity, explaining that at the next meeting an item will appear on the agenda to strengthen and build upon what was discussed today.

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PRIME MINISTER RT HON. DAVID CAMERON, MP 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Plenary Session - 27 July 2011

REINFORCING DEMOCRACY: U.K. PRIME MINISTER SAYS THE COMMONWEALTH IS “MODERN, MAINSTREAM AND PRACTICAL” Prime Minister’s Address The United Kingdom Prime Minister, Rt Hon. David Cameron MP, has delivered a powerful defence of the role of the Commonwealth in a modern, increasingly globalised world during a speech to the 57th Commonwealth Parliamentary Association Annual Conference in London.

Mr Cameron spoke on the last day of the international meeting which also marked the CPA’s centennial year.

He told the 600 delegates, representing 52 nations and their national, state and territorial Legislatures, that as Prime Minister he is often asked if he really believes the Commonwealth to be “modern, mainstream or practical”.

“My answer to all three arguments is ‘yes’. ‘Yes’ it is modern and relevant because we no longer live in a world of super powers but in a world of networks and friendships – and that makes the Commonwealth as relevant as it has ever been,” he said.

“Mainstream? It is not marginal

to represent 54 countries, one third of the world’s population and every major religion and ethnic group; and practical? When you think of all the issues we must combat globally: climate change, global poverty, pandemics, famine, achieving success at the Doha round of talks on free trade; it is clear that the Commonwealth is at the very heart of all these debates.”

The Commonwealth passes all the “relevance tests,” Mr Cameron said, a fact reinforced by the reality that more and more nations want to join and the most recent application has recently arrived from South Sudan in the wake of elections.

Mr Cameron added that as Prime Minister of a developed, advanced nation, he is particularly proud that the United Kingdom is one of the few nations worldwide that will keep all its promises about foreign aid spending.

He said that those who criticize the U.K.’s pledge to assign 0.7 per cent of national income on aid to the world’s poorest people must see that it is more important than

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ever in the wake of the deepening crisis in the Horn of Africa.

“Yes, at the same time as expanding overseas aid and meeting a target, we are indeed making difficult cuts to domestic budgets, freezing pays in the civil service and this is a big argument we have to have with the British public...but I made a promise. Even if we are having a difficult time, we are one of the world’s richest nations talking about aid to nations where many people live on less than a dollar a day,” he said.

Mr Cameron also acknowledged the need for vigilance and transparency in the delivery of aid, particularly to ensure aid reaches those who need it. Mr Cameron later opened the floor for questions from CPA delegates.

Questions to the Prime Minister Asked by an African representative about Britain’s support for a European International Monetary Fund Chief instead of a Commonwealth contender, Mr

Cameron acknowledged the shift in economic power globally but said the U.K.’s support for the French candidate, Ms Christine Lagarde, was taken both because she was the best candidate and because of the critical importance of finding solutions to the current Eurozone crisis.

Hon. Maj Gen Moeng Pheto, MP, of Botswana said the Commonwealth family was concerned about the status of the Commonwealth Parliamentary Association as a charity and asked if the Prime Minister would support a change to some form of international status. Mr Cameron replied that he considered the status of an organisation to be less important than what it did.

However, he added that progress was being made in reviewing the matter.

The effect of the U.K.’s air passenger duty on tourism to the Caribbean was raised by Hon. Wade Mark, MP, of Trinidad and Tobago, who pressed for the rapid removal of the duty. The Prime Minister agreed that the duty was a

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PRIME MINISTER RT HON. DAVID CAMERON, MP

The Prime Minister of the United Kingdom speaking to delegates about the important and relevant role of the Commonwealth in today’s society.

huge concern for many Commonwealth countries whose economies relied on tourism.

However, he said that Britain had a large budget deficit and was currently borrowing more than Greece, so it needed more tax revenue.

Air travellers must also pay the true cost of travel including offsetting carbon emissions. But he acknowledged that the duty was levied at a higher rate on some routes so the government was reviewing whether it was being applied fairly.

Looking ahead to the Commonwealth Heads of Government Meeting in Perth, Western Australia, in October, Hon. Barry House, MLC, of Western Australia asked if the Prime Minister had any special requests of his state. Mr Cameron noted that the Commonwealth Eminent Persons Group would report to the

Perth meeting on the future of the Commonwealth, and said that he hoped that the Heads of Government would raise the bar on the organization’s commitment to democracy and human rights so that the Commonwealth could play a more meaningful role in strengthening the building blocks of democratic governance.

The future of Libya was raised

by Mr David Agius, MP, of Malta who went on to express concerns about the effect that Libyan unrest was having on existing migration problems in the region. He called on larger nations to share the burden that illegal migration placed on small states. Mr Cameron replied that Britain’s large global network of diplomatic missions was helping Malta to repatriate illegal migrants.

He continued that Britain had joined France, the United States and other nations to intervene in

the Libyan situation after the United Nations Security Council adopted Resolution 1973 to prevent the totally unjustified slaughter of its own people by the Libyan government. The Prime Minister said Libyan rebels were standing their ground in the battle against forces loyal to Colonel Muammar Gaddafi, and that nations that support democracy and human rights must help “Arab Spring” campaigners to throw off oppression. He said his government sought to stop the forces of Osama bin Laden, resolve the future of Palestine and spread democratic governance so young people had a positive way forward.

Hon. Lindiwe Maseko, MPL, of Gauteng asked about the U.K.’s commitment to the advancement of women and their representation in Parliament. Mr Cameron recalled that the House of Commons held a

Speaker’s Conference on women in Parliament and he admitted that his party did not yet have a good record of electing large numbers of women Parliamentarians. There were now about 50 female Conservative MPs, but he said that his and all parties still had further to go. It was not enough for parties simply to open the door to female candidates; they must act positively to change their procedures so more women were elected to Parliament. Women constituted well over half of the country’s talent and they could not be excluded.

The contribution of women elected to the current House was a clear demonstration of the value of having more women on the parliamentary benches.

How to convince voters of the value of committing 0.7 per cent of gross national product to foreign aid at a time of domestic restraint was a question raised by Ms Teresa Gambaro, MP, of Australia.

Mr Cameron said his government was making significant cuts to domestic budgets through measures including pay freezes and pension plan changes, but Britain must keep its promise made at the 2005 G8 meeting in Gleneagles to reach the 0.7 per cent foreign aid target by 2013. Aid went to the poorest countries in the world where it saved the lives of the poorest people. If Britain did not invest in poor countries, their problems came to the U.K. in the form of illegal migration, terrorism, violence and policies in poor countries which have a negative impact on global climate change mitigation. Voters could be convinced that it was better to aid than to invade.

The Prime Minister said if Britain was to have a global voice in world affairs it had to back it up with a global aid programme.

Support must aim to fix broken states and fund transparent programmes that saved lives and gave people a better way of life. It was the right choice, morally and politically.

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PLENARY SESSION PROGRESS AND CHALLENGES 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Plenary Session - 27 July 2011

COMMONWEALTH PARLIAMENTS: PROGRESS AND CHALLENGES

The Commonwealth must be strengthened to enhance its global effectiveness in promoting good democratic performance, respect for the rule of law and joint international action in such policy areas as climate change mitigation, agreed speakers at the final plenary session.

Looking ahead to the Eminent Persons Group report on the future of the organization which is to be presented to Commonwealth Heads of Government at their October meeting in Perth, Australia, Members called for the organization to become a modern network of likeminded nations promoting the values for which the Commonwealth stands, including good parliamentary democratic governance, the rule of law and equitable development for all.

As an organization representative of nearly one-third

of the world’s population spread over all regions, it is well placed to become a vocal global advocate for best practices not just in governance and in opposing oppression and racism but also in dealing with issues as diverse as climate change, trade, sustainable development, the empowerment of women, the involvement of young people in governance and social development and the protection of small states.

At the parliamentary level, member nations must share their experiences to help all Parliaments and Legislatures to reform in accordance with the highest benchmarks of good governance, argued Members.

Building a more effective global force Rt Hon. William Hague, MP, the United Kingdom’s Secretary of

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State for Foreign and Commonwealth Affairs, told delegates that the Commonwealth is now at the heart of Britain’s foreign policy, serving as one of its four cornerstones along with the European Union, the North Atlantic Treaty Organization and Britain’s “special relationship” with the United States.

He described it as the “ultimate network” at the global level, pursuing liberty, democracy and respect for human rights alongside its promotion of diversity and sound economic development.

Although the recently independent nation of South Sudan aspires to join the Commonwealth, there is declining interest in the organization among young people throughout its current member countries.

While noting that the U.K. Foreign and Commonwealth

Office is now increasing its activities in the Commonwealth, he also said Britain would be pressing for three changes to the Commonwealth. First, the organization should strengthen its promotion of respect for human rights and democratic principles by speaking out strongly against intolerance, oppression and racism, especially through a greater role for the Commonwealth Ministerial Action Group.

Secondly, the Commonwealth should use its growing power to influence global economic policies.

With 31 per cent of the world’s population and a gross domestic product that has more than doubled in the last two decades, the Commonwealth is a big and technically market which can press for trade liberalization, the removal of trade barriers and the expansion of intra-Commonwealth trade.

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PLENARY SESSION PROGRESS AND CHALLENGES

The Speaker of the House of Commons, United Kingdom, Rt Hon. John Bercow, MP, (right) introduces the Secretary of State for Foreign and Commonwealth Affairs, Rt Hon. William Hague, MP.

Finally, he called for a more active Commonwealth role in the advancement of development and in the prevention of conflict, especially in the world’s fragile states and new democracies.

Improved educational opportunities for all Commonwealth young people and a strong Commonwealth voice in the protection of the interests of small states, particularly in climate change mitigation, should be emphasized as the Commonwealth becomes a more

effective advocate of the principles that bind its members together.

Pursuing principles A Member from the British Virgin Islands, Hon. Dancia Penn, MHA, agreed that the Commonwealth should work more actively to promote its principles, such as adherence to the rule of law, the separation of powers, equal access to human rights and justice for all people. To this she added a Commonwealth role in promoting the United Nations Millennium

Development Goals and a special emphasis on promoting the stability of small states, not simply against such overt threats as piracy, drug trafficking and terrorism, but also against the pressures she said large economic bodies are placing on the financial services industry which is an important component of the economies of many small states.

She said the Commonwealth could, for example, support the rule of law, democracy and human rights by making expert legal

draftspersons available to all member countries. It could campaign or a level economic playing field to promote sustainable development. Since good governance is key to the advancement of all states, the Commonwealth could support leadership training and strengthen Parliaments by encouraging young people to be open to new ideas, to be tolerant and to respect others and the Commonwealth’s principles.

Ms Penn called on all nations to

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PLENARY SESSION PROGRESS AND CHALLENGES

Clockwise from top: Hon. Dancia Penn, MHA, British Virgin Islands; Ms Fatima Fouda-Pepin, MNA, Quebec, and Sen. the Hon. Farooq Naek of Pakistan addressing delegates at the final plenary.

give a high priority globally and domestically to working through Parliaments to formulate effective climate change mitigation policies, remove legislation that denies equal rights to women and implement parliamentary reforms in accordance with the CPA Benchmarks for Democratic Legislatures.

A parliamentary focus Sen. the Hon. Farooq Naek of

Pakistan and Ms Fatima FoudaPepin, MNA, of Quebec focused on the role of Parliaments and of the Commonwealth Parliamentary Association (CPA) in advancing the Commonwealth’s commitment to good democratic governance and the promotion of human rights.

Sen. Naek said Parliaments can contribute to resolving international problems, such as the current financial instability, by providing good domestic governance which

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will lead to better policies through such means as strengthened committees to provide better oversight.

At the international level, he said the CPA is an esteemed forum which can promote interparliamentary co-operation leading to collective action.

Ending environmental degradation, mitigating climate change, eradicating diseases, achieving gender equality and

promoting prosperity will be achieved faster and more effectively through collective action, he said.

Good progress has been made in Pakistan on reforming Parliament through constitutional reforms that are transforming a previously week institution into a stronger democratic lawmaking body that is improving the laws and policies of Pakistan, said Sen. Naek.

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PLENARY SESSION PROGRESS AND CHALLENGES areas constitute a confidence motion. MNAs are now freer to vote against their party without defeating its government. To increase public involvement in Parliament, the rules for petitions had been improved to provide better access for citizens and

7th Commonwealth Parliamentary Conference London, United Kingdom, 21 – 28 July 2011

“member nations must share their experiences to help all Parliaments and Legislatures to reform in accordance with the highest benchmarks of good governance...”

Message of Sympathy to The Parliament of Norway from the General Assembly of the Commonwealth Parliamentary Association We, the 300 Parliamentarians meeting this week in London at the 57th Commonwealth Parliamentary Conference, extend our deepest sympathies to the Parliament of Norway for the tragic attacks on your people and your democracy on 22 July.

As the democratic representatives of more than 180 Commonwealth Parliaments and Legislatures, we request that the Parliament of Norway convey our sympathies to the nation and especially to those many Norwegians who lost family and friends in this tragedy.

We view the attacks on government offices, including the office of the Prime Minister, and on a political party youth camp as attacks on your democracy and on all democracies and we share your grief. Sadly, some of our Parliaments and our countries have also suffered at the hands of those who resort to violence. We therefore understand the shock and the anguish of your people and we offer you the support all the people of the Commonwealth. We stand united with all Norwegians in your time of sorrow.

parliamentary travel provisions now enable committees to move around the Canadian province to hear the views of the people on the legislation and policies which govern them.

At this time, we are all Norwegians.

Rt Hon. John Bercow, MP CPA President Speaker, House of Commons United Kingdom

Ms Houda-Pepin noted that while democracy was currently being sought across North Africa, in established democracies the system of government is suffering from a loss of public interest due to instances of dishonesty, low ethical standards, a lack of integrity and broken promises.

She described the reforms

Rt Hon. Sir Alan Haselhurst, MP CPA Executive Committee Chairperson House of Commons United Kingdom

implemented in recent years by the Quebec National Assembly to reconnect with voters and restore trust in democracy. Legislation had been passed to govern lobbyists and establish a lobbyist commission.

A code of conduct had been passed for Parliamentarians, including a declaration of their

Dr William F. Shija Secretary-General Commonwealth Parliamentary Association

interests, and public funding for political parties and tighter controls of private donations had been implemented.

At the procedural level, the Quebec Member said the Assembly’s Standing Orders had been reformed. This included a clarification of which votes against financial and other major policy

The Norwegian tragedy At the end of the discussion, Members expressed sadness over the 22 July attacks in Norway as the Commonwealth Parliamentary Conference was beginning in London.

They lamented that the bombing of a government office and the shootings at a political party youth camp had cost the lives of close to 100 Norwegians who were at the heart of their country’s democracy.

Members sent a message of sympathy to the Parliament of Norway, agreeing with Mr Nigel Evans, MP, of the United Kingdom House of Commons, who said, “Today, we are all Norwegians.”

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OPENING CEREMONY

57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Plenary Session - 25 July 2011

OPENING CEREMONY Rt Hon. John Bercow, MP, Vice-President of the CPA and Speaker of the House of Commons, United Kingdom Your Royal Highness, Lord Speaker, fellow Speakers, honourable members, excellencies, my lords, ladies and gentlemen, I am delighted to be able to welcome you to Westminster Hall at the start of the 2011 Commonwealth Parliamentary Conference.

It is a great pleasure to speak to an audience of parliamentary colleagues from across national, state, provincial and territorial legislatures, both big and small, at a time when international cooperation and support for democracy have never been more important.

We are here because we all recognize the importance of listening to and learning from each other and because we want to build stronger bonds in, what can sometimes seem, an ever more turbulent world.

As we come to terms with the crisis of today; the horrific events in Norway, the suffering due to food shortages in the Horn of Africa, the implications of climate change and the seismic changes taking place across parts of the Middle-East, it is

perhaps fitting that we are gathered beneath the weathered timbers of Westminster Hall to consider the conference theme of Reinforcing Democracy.

This hall, begun 900 years ago, has witnessed grim trials and the sentencing to death of a king, coronation banquets, ceremonial addresses and the coffins of those receiving the last respects of our people. Few places reach so far into the heart of our nation or so clearly define the challenges over the centuries faced by our own Parliament.

It is fitting also, in this anniversary year, to look back to 18 July 1911 when the Empire Parliamentary Association was founded here at Westminster. Back then Parliamentarians, from across the globe, were brought together for the coronation of His Majesty King George V. It should perhaps be noted that on that occasion the Prime Minister of the time, Herbert Asquith, was unable to take part.

There was a small matter with the House of Lords he had to

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attend to, the 1911 Act of Parliament , asserting the supremacy of the lower chamber, the House of Commons. A matter of Reinforcing Democracy, you could say.

But out of that first meeting grew an association resolved to strengthen parliamentary democracy. This resolve remains as firm today. For as it reaches its centennial milestone, the CPC conference is not about looking back but looking forward.

We in the Commonwealth Parliamentary Association must embrace change, adapt to new circumstances and ensure that our Association is best equipped to serve its members in the 21st century.

The Commonwealth remains a very special union and a young and vibrant one. Within it are contained one third of the world’s population, of whom more than half is aged under 25 and its combined endeavour accounts for $3 trillion dollars worth of trade. It is a powerful force in a global age.

Against this background the

work of the Commonwealth Parliamentary Association has been, and remains, key to supporting emerging democracies and in bringing together legislators.

They come from a vast range of nations, from all geographic regions and at all stages of development.

They come from established and wealthy states such as the U.K. and Australia, to fast-growing powerhouse economies, such as India, to fledgling democracies such as Rwanda.

In addition, the Commonwealth Eminent Persons group, with its mandate to explore and recommend ways to ensure the Commonwealth remains relevant now and in future, has encouraged wide involvement in its work. I am looking forward to hearing more on this from the Deputy SecretaryGeneral when she speaks later. We also look forward to hosting all members of the EPG at our Centennial Dinner here in this hall tomorrow evening.

We are meeting the challenges head on and that is why this important anniversary conference

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OPENING CEREMONY

The Speaker of the United Kingdom House of Commons, Rt Hon. John Bercow, MP, speaks to delegates at the Opening Ceremony as HRH The Princess Royal looks on .

chose the theme of Reinforcing Democracy, and has encompassed the Commonwealth theme of Women as Agents of Change.

It is therefore particularly appropriate that we have with us

today Her Royal Highness the Princess Royal, who is of inestimable value to her country and to the Commonwealth, who embodies all that is best about public service, who carries out over

600 official engagements a year and who is Patron for many worthwhile charities in action across the Commonwealth.

Earlier this year Her Royal Highness was in Bangladesh and

has recently returned from Botswana but today it is with great gratitude and anticipation that I ask Your Royal Highness to read Her Majesty’s message and to open the conference.

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OPENING CEREMONY

Address of Her Royal Highness The Princess Royal

It is my pleasure to be able to join you and help welcome you here to London and to say how much of course all of the Royal Family enjoy their visits to numbers of Commonwealth countries.

It is a pleasure and a privilege that we don’t take for granted the lessons that we learn in our travels and I have also been asked to say that it is expected that Members of the Royal Family will be visiting a number of Commonwealth countries next year on behalf of her Majesty to mark the Diamond Jubilee.

There is a cue – needless to say – for those who will be able to take up that opportunity. I have – as the speaker pointed out– just been in Botswana; I have also been in the Caribbean and the CanadaCaribbean Emerging Leaders Development Dialogue which is the regional version of the Commonwealth Studies Conference that was started by my father in 1956.

This is the first time this has been attempted in the Caribbean and I had the pleasure of visiting Bermuda, Jamaica, Grenada and Barbados as part of that, but the dialogue travelled to 12 other

HRH The Princess Royal leaving Westminster Hall accompanied by the Lord Speaker of the House of Lords, United Kingdom, Baroness Hayman.

different islands at the same time and they all gathered together in Barbados at the end.

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It is a very important part of what the Commonwealth can do for each other which is to spread

the word to be able to talk to each other about very similar issues. In my travels with “Save The Children”

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OPENING CEREMONY

HRH The Princess Royal speaking in Westminster Hall in July.

MESSAGE FROM H.M. QUEEN ELIZABETH II, PATRON OF THE CPA On the occasion of the 57th Commonwealth Parliamentary Conference, I am pleased to send my warmest wishes to all the Members of the Commonwealth Parliamentary Association who have gathered together in London.

I note with interest that representatives from approximately 175 Parliaments and Legislatures will be attending the meeting. I was also pleased to learn that this year’s theme for discussion will be reinforcing democracy.

As your patron, I much appreciate your kind message and hope that the conference is a successful and enjoyable event for all concerned.

ELIZABETH R.

I think the one thing I really did learn was that there were many

more similarities than dissimilarities in the world and

these meetings are a really good opportunity to remind

ourselves of that fact. And I look forward in this autumn to visiting Sierra Leone and Ghana and next year, too, to adding to those countries.

Reinforcing democracy- a good title. Democracy is not an easy answer, democracy, maintaining democracy, is hard work and everybody has to take part and we all have that challenge as we face the future of making sure that we all continue to take our part, play our part in democracy.

So I hope that you will have a very constructive conference, that you will enjoy your time in London but, above all, that your communications as the family of the Commonwealth should help us understand that there really are more similarities than dissimilarities.

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OPENING CEREMONY

Hon. Dato’ Seri Mohd. Shafie Apdal, MP, Chairperson of the CPA Executive Committee

The Chairperson (second left) presenting a gift to HRH The Princess Royal prior to the opening ceremony. Rt Hon. Sir Alan Haselhurst, MP, Chairperson of the CPA U.K. Branch (third right) and the Secretary-General, Dr William F. Shija (far right) look on.

It is a great honour and privilege for me on behalf of the Executive Committee of the Commonwealth Parliamentary Association to propose a vote of thanks to your Royal Highness for gracing us with your presence on this auspicious occasion. I wonder if I might take the liberty of asking your Royal Highness to convey to Her Majesty the Queen greetings from the Executive Committee of the CPA and our gratitude not only for her response to the loyal address but for her many years of service as the Patron of our Association.

Your Royal Highness, The Commonwealth Parliamentary Association is not only celebrating one hundred years of achievement but we do so here in the place of our origin. We are at the cusp of our second century and during this conference we shall be debating and charting the future of the Association including determining its status and its future roles and functions.

Today we live in a world that is profoundly different in social, economic, technical and political terms to that of 1911. The

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membership of the CPA now spans every continent and ocean of the world and consists of mature and maturing Parliaments and assemblies committed to the concept of parliamentary democracy. Indeed the CPA is now a worldwide organization and that is why we need to be so ordered that we can respond to global issues as a global organization and have the voice of democratically elected Parliamentarians heard in the great councils of nations.

It is for these reasons that I think it appropriate that the

Association uses this centennial event to recast its status from a charity, subject to English law and regulations, to an internationally recognized body. Let me hasten to add that this is not an indictment of the past but a simple realization that the concept of charitable status does not fit well with a modern and progressive body with a role on the world stage and one whose collective membership has so much to offer.

We are meeting here today within the Palace of Westminster with all its historical associations and whilst I am sure that members recognize and applaud the role the “Mother of Parliaments” has played throughout the decades it is a testament to that Parliament that now no member nation is or should be a supplicant to or a clone of another.

We all stand as equal collaborating partners with a shared commitment to the common goal of advancing parliamentary democracy.

If nothing else parliamentary democracy is about inclusiveness and this leads me to ponder whether or not the time has come for CPA to open its doors and offer support to non-commonwealth countries. As we meet here the urge for democratic participation in government is now expressing

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OPENING CEREMONY

The Chairperson delivering his speech to delegates during the opening ceremony.

itself in some Middle Eastern countries. We have within the ranks of CPA members who have successfully struggled to achieve parliamentary democracy.

Collectively our members have a wealth of experience and parliamentary know-how. Should we not use this priceless asset and offer them the same collaborative

support that has served us so well in the past?

Your Royal Highness, may I close my remarks by formally recording on behalf of the

Commonwealth Parliamentary Association our heartfelt thanks to you for your gracious presence here this afternoon and for opening the CPA 2011 Annual Conference.

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SMALL BRANCHES CONFERENCE: 1 - MIGRATION ISSUES

57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Small Branches Conference - 23 July 2011

COMMONWEALTH INITIATIVES IN HANDLING MIGRATION ISSUES

Chairperson: Hon Ted Staffen, MLA, Speaker of the Legislative Assembly, Yukon.

Discussion Leaders: Hon. Terry Lister, JP, MP, Minister of Transport, Bermuda; Sen. Alan Breckon, Jersey.

Careful immigration controls to Commonwealth small countries through work permits to fill skilled and unskilled labour shortages has potential to stimulate economic growth while not degrading the quality of life and the environment, delegates agreed as they noted that controlled migration is clearly beneficial.

Delegates found cross-border migration is usually driven by the power of money and social and economic factors in both originating and recipient countries.

Remittance money from migrant workers can improve living standards significantly. Targeted development aid and education programmes in originating countries were offered as positive ways of assistance.

Some concern was expressed about illegal immigration, especially in the Caribbean. Another sentiment offered on migration controls was that careful attention is needed to monitor economic conditions in small countries.

Housing/rental shortages, population density and pressure on

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infrastructure can lead to resistance to work permit migrants.

Commonwealth Heads of Government, the Ramphal Centre and other bodies have been looking at these various issues.

There was consensus that the full report of this session should be forwarded those institutions.

Benefits of guest workers The 31st Small Branches Conference in London started with a thought-provoking session that revealed that many Small Branch jurisdictions are affected both positively and negatively by migration issues.

The first presenter, Hon. Terry Lister, JP, MP, Minister of Transport in Bermuda, said that migration is an age-old issue. The power of money crosses borders and social and economic factors affect migrants’ decisions. Bermuda is a country with 21 square miles of territory and a population of 60,000. People from 85 countries call Bermuda their home and 24 per cent of the workforce foreigners who usually undertake

work that local people do not wish to do. There are also professional people who are headhunted for their skills.

The local economy can benefit from the presence of professional and executive guest workers. For example, property rentals are higher; purchasing power is greater and this adds to overall gross domestic product. Bermuda has work permits issued for between one and five years. There are negative aspects to bringing in highly qualified people. These migrants can potentially block Bermudians from important positions, but government policy can alleviate this. Migrants can also cause tension among locals with an “us” versus “them” scenario. This can be reflected in strong demand for housing, thus pushing up prices and rents; but again policy settings are a remedy. The Employment Act 2000 (Bermuda) provides a code for all employers and employees including minimum standards, fair treatment and termination protocols.

There have been no cross-

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SMALL BRANCHES CONFERENCE: 1 - MIGRATION ISSUES

The Chairperson of the session, Hon. Ted Staffen, MLA, (centre) with Sen. Alan Breckon of Jersey (left) and Hon. Terry Lister, JP, MP, of Bermuda (right).

border issues for Bermuda. Mr Lister said that one very positive effect from remittance money earned by guest workers and transmitted to their countries of origin was its power to improve living standards significantly. More prosperous countries of origin make the need to migrate less attractive.

Sen. Alan Breckon of Jersey reflected that in many small countries tensions arise over the prospect of inward migration; but this needs to be placed in the context of the overall benefit of guest workers. He said that in Jersey there are regular calls to curb immigration: preservation of

jobs, pressure on infrastructure, maintenance of a good quality of life and population density in a physically small territory are cited as reasons. Sen. Breckon said that migration is a dynamic ebb and flow. Every year apart from one over the last 10 years has seen a net population gain in Jersey. The strength of the economy has driven these figures. Population rises put pressure on housing stock and prices rise. This can cause tension in the community.

Positive features of inward migration are cultural diversification, economic growth and the availability of unskilled labour. Five-year work permits are

used for guest workers. At present unemployment is 1,300 of a total population of 92,000 and 40,000 are employed in the private sector.

Sen. Breckon alluded to the 2010 United Nations Human Development Report, The Real Wealth of Nations – Pathways to Human Development, which says that immigrants to the United States are U.S.$10,000 better off each by moving from their country of origin. The report emphasized the importance of remittances. In some Pacific Islands local incomes had increased by 600 per cent as a result of remittances from guests workers located in countries such as New Zealand, the U.S.A. and

Australia. Guest workers also benefit through learning new skills which can be used most effectively when they return to their originating countries. Islands also face the problem of aging populations and a brain drain of young people. Younger guest workers can mitigate the effects of these.

The democraphic danger Mr Bernard Flouquet (Guernsey) said that his island faced similar problems to Jersey. Demographics are a priority as concern has risen over the population bulge. He said that Guernsey has to consider the European Union (EU) protocols

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SMALL BRANCHES CONFERENCE: 1 - MIGRATION ISSUES

when managing future population growth.

Mr Lister replied that of the 60,000 on Bermuda 8,000 hold work permits. Younger guest workers keep pressure off medical facilities. Sen. Breckon added that management of the medical industry is a challenge. He agreed that the EU protocols are difficult to implement in small island nations. The aged care industry provides career opportunities and Jersey is pursuing centres of excellence for the elderly.

Hon. Orville Turnquest, MP, of The Bahamas brought up another issue, saying that the close proximity of The Bahamas to Haiti is the catalyst for illegal boat people landing in The Bahamas.

They place serious pressure on the social welfare, health and education sectors. Another challenge is assimilating immigrants into the Bahamian culture. Mr Turnquest said that the government was looking at further initiatives to deal with illegal immigration. He agreed that remittances tend to curb the follow of illegal immigrants as conditions improve in their home countries.

He suggested the development of a Commonwealth-wide response to the illegal immigrant problem.

Mr Lister commented that two factors should be addressed to curb immigration. The first is providing aid to originating countries for development in such areas as job creation and entrepreneurial activity. The second factor is aid for education.

This could be delivered on-island so that immigrants could return as skilled labour to originating countries. He said that untargeted aid is not beneficial.

Sen. Breckon said that Jersey uses United Kingdom passport and border controls. These provide good checks and balances. He also said that illegal entrants run the risk of being exploited as they are vulnerable. He also said that sadly many migrants live in tragic circumstances in their home

SMALL BRANCHES CONFERENCE OFFICIAL OPENING

A PARLIAMENTARY CALL FO

The United Kingdom Secretary of State for International Development, Rt Hon. Andrew Mitchell, MP, warned the Small Branches Conference that the humanitarian crisis in the Horn of Africa is fast turning to “catastrophe” and called for urgent, unified aid from the Commonwealth and the European Union.

Speaking at the opening

countries, hence their desire to migrate.

Attracting the right immigrants Hon. Eddie Lowey, MLC, of the Isle of Man said that currently the consensus is that migration is good. In the last 20 years the population of the Isle of Man has risen from 60,000 to 82,000. The Manx government has had a proactive plan to attract suitable workers and industries. He said it was a role of Members to explain the benefits of immigration to voters.

Mr Lister noted the Manx situation is similar to Bermuda.

There has been a big turn around in the focus of the economy from the tourism industry to insurance.

Now both are important economic elements. Mr Lister also acknowledged that the situations of Bermuda and The Bahamas are very different. In Bermuda, controlled legal migration has been

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ceremony of the 31st Small Branches Conference on 23 July, Mr Mitchell said that he had noted that some European nations had called for a United Nations Food and Agriculture Organization meeting in Rome: “We don’t want meetings to discuss drought and starvation. We want action from everyone.”

“We want nations to put their shoulders to the wheel, together. The Commonwealth can be very proud of the action it has taken already but I hope that all its members will speak with one voice of a determination not to preside over millions of children dying of hunger. For me, allowing one child to die of starvation is sacrilege.”

Mr Mitchell, who had just returned from Dadaab in Kenya, the largest refugee camp in the world,

achievable but in The Bahamas illegal immigration is a real problem. Sen. Breckon said that student seasonal workers have been a positive development for Jersey. The present global society has broken down travel barriers and migration encouraged multiculturalism. Former Commonwealth Secretary-General Sir Shridath Ramphal was formed a commission to examine migration issues.

Hon. Alvin Smith, MP, of The Bahamas asked how the Bermuda work control system operated and whether it is effective in curbing illegal immigration.

Mr Lister replied that under the system Bermudians are given the first chance to take up vacant jobs when they are advertised. If positions remain unfilled, guest workers are allowed to occupy them and Bermudians welcome them. Such people would be teachers, medical practitioners and lawyers, as well as unskilled

Dele

described harrowing scenes as thousands of women carrying tiny babies arrived close to death from neighbouring Somalia. More than 300,000 people had fled to the camp as the worst drought in six decades continued to ravage the Horn of Africa.

“Some had been walking for 30 days and what was so unusual is the

people. The system allows local people the chance to better themselves.

Hon. Fiame Mata’afa, MP, of Samoa asked whether those being admitted under the investor migrant category have been the subject of investigation for illicit activities. She also said that the Cook Islands have had to import guest workers to work in their tourism sector.

Mr Lister said that investment requirements in Bermuda insist on a minimum ratio of 60 per cent Bermuda capital to 40 per cent foreign investment. With international financial services, the integrity of the system is vital to keep the country’s reputation unblemished. Due diligence background checks are essential – a case of “know your client”.

Sen. Breckon said that local tension can be caused if migrants buy up local businesses. He supported Mr Lister’s due diligence comments and said similar checks

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SMALL BRANCHES CONFERENCE: 1 - MIGRATION ISSUES

FOR ACTION Delegates from Barbados and the British Virgin Islands at the opening.

silence. They were traumatized by their experience, their feet lacerated and bloodied,” he said.

“And I had to reflect that they were the lucky ones who had made it to a place where they and their children could be fed.

Those who remain inside Somalia are in grave danger of dying. If our communities cannot stop what is an

international disaster from turning to catastrophe then why are we here?”

The CPA Small Branches Conference has been held every year since 1981 to encourage discussion and networking between Parliamentarians who work in the more than 30 jurisdictions which represent less than half a million people.

are in place through the Financial Services Commission in Jersey.

Near neighbours Hon. Dancia Penn, OBE, QC, MHA, of the British Virgin Islands said her territory consists of 50 very small islands of which five are occupied.

Geographical location has a significant influence on legal and illegal immigration. The British Virgin Islands has a great reliance on guest workers and encourages an orderly process to receive them.

A new labour code was enacted in 2010. The European Convention on Human Rights assists with the process. Both the public and private sectors benefit from guest workers.

The British Virgin Islands also has a challenge as it is only half an hour from the U.S. Virgin Islands.

Illegal immigrants come from such countries as China, the Philippines, Haiti, and Sri Lanka. They are heading for U.S. territory but are often in boats blown off course

which land in the B.V.I. Ms Penn said she looked forward to sharing initiatives brought forward by the Ramphal Commission.

Mr Lister said the working group will be sharing experiences when discussing the matter of illegal immigration. Sen. Breckon said that the Ramphal Centre is also looking at immigration as are Commonwealth Heads of Government. A report is due in 2012; but from the discussions thus far it would appear there is no single answer to the problem.

Deputy Allister Langlois of Guernsey drew agreement from the discussion leaders when he said that overall experience with migrants in their countries is that they are a force for good.

Community interaction is important to allow immigrants to share their cultures with the wider community.

There is a balance to be achieved between the cultures of immigrants and the local identity.

Hon. John Boyce, MP, of

Barbados mentioned the Ramphal immigration initiative and the Caribbean Community. People moving around the world freely is an aspirational objective; but when times get tough, governments have a role to protect jobs, education standards and health care. Local economic conditions and challenges are important lately and have led to a slow-down in immigration. Mr Lister agreed and emphasized the work permit system as one useful economic tool. A full open-door policy does not work. Sen. Breckon suggested that the presentations and discussion today should be referred to the Ramphal Commission for information. By working together and sharing experiences beneficial outcomes are more likely.

Young workers Deputy Lyndon Trott of Guernsey suggested that retention of young people in small island communities is vital. The bright city lights can be attractive. Work permits can be used to attract young people. Mr Lister agreed and said his government is trying to attract young Bermudians, especially those with qualifications, to return to their island and they have had some success. Sen. Breckon agreed but that high property prices can be a disincentive. The state of the economy plays an important part in decisions to return, as does quality of island life.

Hon. Michael Carrington, MP, of Barbados suggested that legal migrants should be assessed by their contribution as guest workers when applying for residency permits. Mr Lister expressed some interest in this point, but said it could become a human rights issue. He said Bermuda work permits last for one up to five years.

There are those (often professional workers) who can be admitted to permanent residency thereafter; but the vast majority of guest workers return to originating countries.

Hon. Wilkie Rasmussen, MP, of the Cook Islands said that in the Pacific local people have priority over guest workers and that immigration was the cause of claims and grievances stretching back many years. He wondered how legislation can be enacted to bring in a different regime for guest workers.

The Cook Islands, for example, are seeking workers from Fiji to fill gaps temporarily left by expatriates who have moved to New Zealand and Australia.

Mr Lister said guest workers should be accepted on economic grounds. Many migrant workers possess skills that local people do not have. Education is the remedy for the problem. Careful screening of guest workers to assess skills is necessary.

Hon. Clive Beltran, MP, of Gibraltar said that education is also a priority in Gibraltar. He said the brain drain needs to be addressed.

This can be done through the family unit where families encourage their younger people to stay; but government also has a major role.

This can be achieved through an affordable homes policy, improved education and training opportunities and government scholarships specially aimed at encouraging local growth areas in the economy. In Gibraltar these include tourism and the port industries.

In wrapping up the session Mr Lister said the experience in modern Bermuda is that carefully controlled immigration and the guest worker system have been beneficial to the community but there are still challenges.

Sen. Breckon said the experience in Bermuda and Guernsey is similar to Jersey.

Housing stock availability, prices and employment are still issues and there are tensions in the local community; but there are significant benefits from a carefully controlled immigration and the guest worker system.

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SMALL BRANCHES CONFERENCE: 2 - THREATS TO STABILITY 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Small Branches Conference - 23 July 2011

COUNTERING THREATS TO THE STABILITY OF SMALL DEMOCRACIES: PIRACY, DRUG TRAFFICKING, TERRORISM Moderator: Hon. Alex Downie, MLC, Isle of Man. Discussion Leaders: Hon. Wilby Lucas, MNA, Deputy Speaker of the National Assembly, Seychelles; Hon. Tommy Turnquest, MP, Minister of National Security, The Bahamas.

Drug trafficking, terrorism and piracy present a significant and growing threat to small democracies, concurred delegates attending this plenary session. A deliberative and cohesive strategy is necessary to counter this threat and it must be collaboratively developed between small and large jurisdictions alike, with input from international organizations, if such a strategy is to be truly effective. While an ominous task, these threats must be effectively countered as they represent truly serious global issues that result in very real and significant human, economic and social costs.

The plenary heard that piracy has existed for thousands of years and in various forms. Modern piracy (particularly in the Gulf of Aden and Somalia) has become more acute as a result of long-term political instability. More effective results in countering this threat would be realized if legislation, based on the United Nations Convention on the Law of the Sea, was passed in affected

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jurisdictions allowing for the successful prosecution of pirates.

The plenary also heard how matters of piracy, drug trafficking and terrorism can destabilize small democracies at the political, social and economic levels. The result is that these very nations, in addition to suffering a disproportionate share of negative consequences, become the unfortunate home for such illicit activities.

Collaborative efforts such as the New York Declaration of 2009, the UN Convention on the Law of the Sea and the Djibouti Code of Conduct of 2009 have resulted in success in countering piracy; but more must be done and the CPA should help to ensure that it happens.

Destabilizing economies and democracy Hon. Wilby Lucas, MNA, Deputy Speaker of the National Assembly of the Seychelles, urged all nations to work with international organizations to develop consistent and effective tools to confront and

repress persistent threats to global shipping, maritime commerce and freedom of navigation. Given the regularity of pirate attacks off the Horn of Africa, and with the degree of maritime commercial traffic that travels those routes (for example, 12 per cent of the world’s petroleum passes through the Gulf of Aden), it is only a matter of time before the entire world economy will feel the consequences if piracy is allowed to continue unabated.

Mr Lucas identified the very real and measurable impacts that piracy has had on the economy of the Seychelles. Disruptions in tourism, yacht traffic, other maritime-based activities and the fishery resulted in a four-per-cent reduction in the Seychelles gross domestic product in 2009. He then delineated the measures taken by the Seychelles to counter piracy since that time.

Hon. Tommy Turnquest agreed that piracy, drug trafficking and terrorism are inherent vulnerabilities of small states and, if adequate counter measures are

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SMALL BRANCHES CONFERENCE: 2 - THREATS TO STABILITY arming their vessels to protect their interests and counter acts of piracy.

Discussion leader Hon. Tommy Turnquest, MP, (second from right) with Bahamian delegates (from teft) Hon. Alvin Smith, Hon. Bernard Nottage and Mr Brensil Rolle.

not implemented, can destabilize small democracies at the political, economic and social levels. Piracy, for example, is an international phenomenon but the effects on a country such as The Bahamas are perhaps less well understood. The Bahamas is a major shipping flag registry and, as such, must be concerned with the safety of its flagged ships, their crews and cargo.

He pointed out that Article 100 of the United Nations Convention on the Law of the Sea requires all states to cooperate to the fullest possible extent in the suppression of piracy.

Mr Turnquest then elaborated on the economic and social costs of terrorism and the proliferation of drugs and their effects on society.

The real challenges of drug trafficking extend beyond production and substance abuse and can result in cross-border arms trafficking, human smuggling and violent crime. These in turn have a disproportionate negative effect on small democracies who are dependent on tourism as their major industry.

He concluded that these issues are areas in which there is a shared responsibility. Small democracies are taking the initiative to reduce threats to their security; however, if these measures are to be truly

effective, the acceptance of a collective responsibility of all states must be embraced, including the sharing of intelligence, technical assistance and enhanced international co-operation.

Monitoring the money Deputy Lyndon Trott of Guernsey urged the International Monetary Fund to establish policies to assist countries in developing processes and practices to ensure that the proceeds of piracy may not be introduced within their respective jurisdictions. In response, discussion leaders encouraged jurisdictions to keep piracy laws current.

They must enact laws and regulations that comply with Organization for Economic Cooperation and Development standards that make it easier to identify financiers of piracy, including measures relating to bank secrecy and confidentiality so that some of these barriers may be broken down.

Hon. Abdullah Mausoom, MP, of the Maldives said piracy, drug trafficking and terrorism are very real threats to the stability of small democracies. He encouraged that, in addition to increased interjurisdictional co-operation, local initiatives are important as well as often some of the best information

is obtained from local authorities.

The moderator, Hon. Alex Downie, MLC, of the Isle of Man, suggested that an international solution is needed for what is obviously an international problem.

Discussion leaders concurred and added that many of the economic difficulties experienced by developing states must be addressed if the roots of activities such as piracy, drug trafficking and terrorism are to be truly and effectively countered, including closer tracking of the financial proceeds of these crimes.

Hon. Eddie Lowey, MLA, of the Isle of Man encouraged greater sharing of information and cooperation, including the full utilization of developed technologies, between states to effectively combat piracy.

Consideration could also be given to introducing trade sanctions against offending states.

Hon. Charles Bruzon, MP, of Gibraltar noted the long and well documented history of piracy and also raised the often overlooked psychological effect of terrorism.

Hon. Terry Lister, JP, MP, of Bermuda said that Bermuda’s experience with piracy is more associated with its ship registry rather than the act of piracy itself.

He suggested that shipping companies should further consider

Working together Hon. Dancia Penn, OBE, QC, MHA, of the British Virgin Islands noted the important work of the Red Ensign Group in countering acts of piracy and the important protections accorded by this group for ships that register in the BVI. She also reiterated the importance of having a well regulated financial services sector and the potential use of technologies to identify suspicious activity and threats.

Hon. Clive Beltran, MP, of Gibraltar said that acts of piracy, terrorism and drug trafficking can be reduced to the pursuit of one thing: money. The illegal proceeds from such activities serve as a threat to small jurisdictions and their respective economies, so more could be done to ensure that the movement of these proceeds within the financial sector is closely regulated.

Mr Darius Tucker, JP, MP, of Bermuda emphasized the pervasiveness of drug trafficking as evidenced by the seizure of large quantities of drugs and the difficulty in controlling trafficking because when importation of illegal drugs is curbed he said domestic production often increases.

Deputy Allistar Langlois of Guernsey called for greater global co-operation in addressing the problems of piracy, drug trafficking and terrorism. While some areas of the world experience these problems more directly, there is little question that the effects are far-reaching and a global response is required.

In concluding, delegates concurred that drug trafficking, terrorism and piracy demand a global strategy to counter these threats. The CPA should encourage its member states, large and small, to co-operate to develop strong countermeasures to address these growing and devastating problems.

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SMALL BRANCHES CONFERENCE: 3: WOMEN IN SMALL SOCIETIES 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Plenary Session - 24 July 2011

WOMEN AS AGENTS OF CHANGE IN SMALL SOCIETIES Chairperson: Hon. Wilkie Rasmussen, MP, Cook Islands.

Discussion Leaders: Ms Lynne Walker, MLA, Deputy Speaker of the Legislative Assembly, Northern Territory; Hon. Kerry Finch, MLC, Tasmania; Hon. Keith Flax, MHA, Deputy Speaker of the House of Assembly, British Virgin Islands.

A real paradigm shift is still necessary to attract more women into politics and to empower women generally, it was emphasized by discussion leaders and delegates in this debate.

Historically, women have paved the way for women's rights and have had access to professional careers. They have been agents of many changes since time immemorial. It was recognized in the debate that globally women have been a dominant force in their communities and assumed prominent positions such as Premiers, Prime Ministers, cabinet Ministers, Permanent Secretaries, and others in respective governments. But more needs to be done to enable women to change small societies.

Priorities such as economic security, protection and safety, leadership, social inclusion and education for women are essential tools to empower women to become change agents in small societies. Equally, not only women but also men can make a difference in transforming the lives

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of women in society and assist them in reaching their potential, it was agreed.

Positive steps to empowerment Ms Lynne Walker, MLA, Deputy Speaker of the Northern Territory Legislative Assembly, said in her Australia territory both indigenous and non-indigenous women have had success as change agents in their communities.

Demographically, the Northern Territory is the smallest jurisdiction in mainland Australia, but definitely not the smallest geographically.

The total population stands at 240,000 and the indigenous people constitute 33 per cent of the population.

Politically, women in the Northern Territory have made tremendous strides. The 30-percent female representation in the Legislature is the highest among Australian Parliaments and the country has its first female Prime Minister. Noteworthy was the election of the first indigenous woman to the Northern Territory

Legislature. She rose to the post of Deputy Chief Minister.

Notwithstanding that many women had made great strides and that small gains had been made, gender inequity still exists concerning pay and membership on government boards and committees. It was emphasized that transforming the lives of women across the N.T. is by far more important. Ms Walker informed participants that emphasis also should be placed on developing the whole person, their inner spirit and outer persona, in order to boost individuals’ confidence levels.

The Offices of the Status of Women across the Commonwealth of Australia’s states and territories and in New Zealand have implemented such a programme. At this high level there are four key national priorities for women: economic security, safety, leadership and social inclusion.

Through this and other national fora the Northern Territory has contributed to the development of national policies, particularly for

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SMALL BRANCHES CONFERENCE: 3: WOMEN IN SMALL SOCIETIES

From left to right: Discussion leaders Hon. Kerry Finch, MLC, Tasmania;, Hon. Keith Flax, MLA, British Virgin Islands; Chairperson of the session, Hon. Wilkie Rasmussen, MP, Cook Islands, and Ms Lynne Walker, MLA, Northern Territory.

women in regional and remote settings and for indigenous women. It is envisioned that women will become more empowered, proactive and undoubtedly continue to be agents of change.

Ms Walker also spoke of her experiences in dealing with welfare-dependent women, especially indigenous women. She reported that it is often worse for girls who become mothers in their teenage years, so her aim is to get them to see the value of education.

A special measure which has been implemented is income management, a programme initiated by the Australian

government. Under this programme, half of one’s welfare payment is garnisheed and attached to a government-issued plastic debit card which is to be spent only on food and essential items and not on alcohol and cigarettes. This system enables women to buy necessary items such as food for the children and family and makes them financially secure and empowered.

Ms Walker commended to delegates the recent United Nations Women’s Report on Women’s Rights which has 10 recommendations to make justice systems work for women. Women must also use their influence to

shape the legislative agenda in areas concerning girls and women.

There is a need for societies to recognize and capitalize on the fact that women can and do make a difference in transforming lives of other women and girls so that they too can become the agents of change in our societies.

Outstanding female leaders Hon. Keith Flax, MHA, Deputy Speaker of the British Virgin Islands’ House of Assembly, focused on the importance of family and the legacy of society’s forefathers. He recounted the many women who stood for the rights of women throughout

history, fighting oppression and discrimination when women were virtually confined to only the teaching and nursing professions.

These women, he stated are the real agents of change, the unsung heroines who acquired proactive and assertive stances on many national and international issues.

He also noted the various conventions and Bills of Rights that have been put in place to end the disparity between men and women. The percentage of female politicians lagged behind their male counterparts and the target of equal representation has yet to be achieved, albeit the Caribbean region has seen a higher

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SMALL BRANCHES CONFERENCE: 3: WOMEN IN SMALL SOCIETIES percentage of female politicians such as Hon. Kamla PersadBissessar, MP, the first female Prime Minister of Trinidad and Tobago. It was noted that women do not have to be involved in politics to be agents of change; but voter education for women should still occur and political parties should conduct political education training workshops.

Hon. Kerry Finch, MLC, of Tasmania said women have a powerful influence and impact on society. He highlighted important and historic events such as the Suffrage Movement in Tasmania, the Women’s Christian Temperance Movement and the Feminist Movement in the twentieth century, all catalysts which helped to promote the advancement of women. There are indeed prominent women in all of Commonwealth communities. In 1948, the first woman was elected to the Tasmanian Parliament. He also emphasized that access to education is key and that societies must not overlook the rich culture of Aboriginal women, nor their resilience.

A question of rights Hon. Dick Sawle, MLA, of the Falkland Islands informed delegates that his Legislature has gender equality as four of the eight Members are women. The Falklands also has controls on alcoholic purchases similar to the Northern Territory’s. He asked Mrs. Walker to elaborate more about their debit card system. She said that welfare recipients received half their funding through debit cards, protected by a PIN, for basic goods like food and household supplies, but not alcohol. Some opposed the debit card system as an infringement on human rights for a portion of a person’s income to be quarantined. However, it was also noted that there has been an increase in food and household goods purchased and a decline in alcohol sales, which was greatly welcomed.

Hon. Kathleen Casey, MLA, of Prince Edward Island said that out of the 27 Members of their Legislature, seven are women and two of those are cabinet Ministers.

She praised a political activist group called “It’s About Time” whose main goal is to develop strategies to encourage women to get involved in politics and to nominate possible candidates for election. She also commented that one Premier of Prince Edward Island was a woman and that 17 of their 27 Youth Parliamentarians are female.

Hon. Fiami Naomi Mataafa, MP, from Samoa stated that it is not only about recognizing women as agents of change that will bring about real changes in society.

There needs to be a correlation between the level of development of societies and female representation in Parliaments. As societies develop, so will women’s level of representation.

Equally important are the development of relationships in the home between men and women, and power sharing. Additionally, societies should focus on customs and traditions and examine the perceptions concerning male and female roles which exist.

Furthermore, the investment in education of women and girls reaps great rewards.

Different paths into politics Sen. Joan Dillas-Wright, JP, of Bermuda posed a question concerning women serving on government and statutory boards.

While she recognized that women make great strides by serving on these boards, she asked what other mechanisms can be implemented to attract more women into positions of power.

She also gave a historical perspective on female representation in Bermuda’s Legislature and noted that the government of Bermuda recently recognized 100 women of various socio-economic backgrounds.

Mr Finch responded by saying

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that women must inspire and uplift one another as being a woman is certainly not a barrier. He reported that in Tasmania they are challenging women all the time to reach their full potential.

Sen. Dillas-Wright stated that some men feel threatened,

“Societies cannot afford the progress of women to displace men.

Societies must be careful how they treat everyone.”

Hon. Kerry Finch, MLA, Tasmania uncomfortable and inadequate as more women seek a level playing field. However, she emphasized that societies must strive for balance and work with people of all levels regardless of gender.

Ms Walker said she came into politics local government where she encountered many women serving on various boards and panels. She implored women to seek role models and mentor other women. Social networking via Facebook is also another valuable tool to discover what other women are doing. Another powerful vehicle is school curricula such as courses in women’s studies.

Mr Flax stated the education system is now producing a preponderance of women graduates who now occupy major positions both in the public and private sectors.

He also echoed the sentiments of Ms Mataafa that meaningful change starts in the home.

Vital roles in social development Hon. Dancia Penn, MHA, of the

British Virgin Islands spoke of the ineffectiveness of the current labour laws applicable to women.

She emphasized that domestic laws should remove barriers to women becoming agents of change. For instance, she provided an example of labour laws for the protection of pregnant women.

She stated that certain laws cite pregnancy as a disability. There needs to be a modernization of all laws concerning the status of women and their rights.

Secondly, she stated that the Caribbean boasts a proud record of success in the gender field.

There is a need to mainstream gender issues to empower all citizens, male and female.

Ms Penn also discussed the image of politics and the impediments to women being elected to political office. If it was not for the cut and thrust of politics, perhaps more women would be attracted to the political arena.

Many women in are unsung heroes and it is essential that they are recognized and women’s interests protected as they become increasingly in need of social support.

She added that women’s health is another developmental issue, and parenting is an important part in developing society. How we shape our society and empower women to be more proactive is very important.

Finally, it was incumbent on women to document their life experiences. She noted that Dame Billy Miller from Barbados was the first female Chairperson of CPA. Hon. Robin Adams, JP, MLA, from Norfolk Island stated that women are respected and revered and that her island’s Parliament is one of the smallest in the Commonwealth as the Australian territory’s population is approximately 2,000. She described its history and said that 12 Tahitian women served in Parliament. Party politics is not practised in Norfolk Island. Three of the nine Members in its

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SMALL BRANCHES CONFERENCE: 3: WOMEN IN SMALL SOCIETIES Assembly are women and women hold many opportunities at all levels.

Getting everyone involved Hon. Abdulla Shahid, MP, of the Maldives reported that women gained voting rights in 1932 and that their cabinet and Parliament include women. Mr Shahid reported that they have a Youth Parliament which encourages women to get involved in Parliament. The University of Maldives opened recently and a high percentage of women were enrolled. He also encouraged women to get involved at the grassroots level.

Hon. Eddie Lowey, MLC, informed participants that women are the majority of the population in the Isle of Man. They got the right to vote in 1881 and some 50 years later the first woman was elected as a Member of their Legislature.

He reported that a third of the candidates in the coming election are women. In as much the island recognizes the contributions of women, he stressed that men are also agents of change in his country as they elected a woman as Premier because she was considered to be the best candidate.

He also advocated encouraging students to take civic pride in their respective communities. It is a Parliamentarian’s responsibility to enable everybody to reach their full potential.

Mr Finch responded by saying that a voting age of 16 is a good thing and reiterated Mr Lowey’s stance that it is important to embrace civic pride.

In response to a question on the effect of parenting on the overall transformation of society, Ms Walker described a programme entitled “Families as First Teachers” which assists young people on how to become parents.

Hon. Wilby Lucas, MNA, of the Seychelles reported that barriers to women still exist, although

significant progress has been made to promote women in the private and public sectors. He expressed concern that grey areas of legislation do not recognize common law relationships and treat couples as strangers. Ms Walker stated that common law marriage is recognized legally in her community. In Tasmania, there is a Relationships Bill to enable people of the same sex to marry.

Ms Penn interjected that in several jurisdictions, including the British Virgin Islands, common law relationships are not legally endorsed. It is time to implement policies to change the law, she said.

The heart of the matter Hon. Michael Carrington, MP, from Barbados declared that to list the achievements of women in order to justify their level of participation in society is not the issue; women have continually demonstrated their accomplishments so this discussion is patronizing.

The real question is: “How have women been agents of change?

How best can we facilitate things in our society to ensure that we can change their roles?” Another issue he raised was, with more women graduating from university, why are they not represented at all levels.

Ms Walker responded that role models must be found to mentor young women. Social networking is another vehicle to discover what other women are achieving in their communities.

Hon. Justina Charles, MHA, of Dominica criticized the adversarial nature of politics in some areas and said opponents must refrain from character assassination of those entering the political arena.

There is a need for people to be educated in the field of politics.

She agreed that Youth Parliaments are a valuable mechanism by which young people can participate.

Ms Meredith Hunter, MLA, of the Australian Capital Territory said she was from a community of 300,000 people where seven

women served in the Legislature.

Agreeing with Mr Carrington, she asked what prevents women from stepping into the political fray. In some instances, she said that some women are self-deprecating and lack confidence so they need re-assurance that they have the necessary skills and support to enter politics.

Parliaments must be familyfriendly and ensure there is child care available and House sitting times are socially friendly.

She also agreed that parliamentary politics can be very adversarial and this environment undermines confidence; a more collegial and collaborative approach should be encouraged.

She too agreed that Youth Parliaments are a great way for young people to be engaged in Parliament and to learn about the importance of citizenship. Full involvement will ensure Parliaments reflect their communities.

Ms Walker agreed that sometimes the theatrics in Parliament overshadow the important work which is done and discourage women from stepping into politics.

Contributing in all walks of life Hon. Paul Delorey, MLA, of the Northwest Territories reported that his sister had been a great woman of change as she had spent 42 years in Africa.

He considered his 12 years of service in the Legislature paled in comparison to the valuable service she had provided. He said women are not only agents of change from only a political perspective; women work for change in many capacities.

Hon. Charles Bruzon, MP, from Gibraltar agreed that women should be given every opportunity to succeed and that female politicians must be encouraged so that they stand for election.

Mr Darius Tucker, JP, MP, from Bermuda reported that women

have made great strides.

Unfortunately in the quest for success many young men have been left behind.

Dr the Hon. Bernard Nottage, MP, of The Bahamas stated that a number of issues discourage women from entering politics. He said men have been agents of change and are now encouraging women to do the same.

Women are raising girls and are reluctant to be politically involved because of the cut and thrust of politics.

He stressed that it is vital to educate women, to provide proper medical care and to discuss family planning. Education is paramount and integral to women achieving success, he said.

Hon. Laauli Leuatea Polataivao, MP, from Samoa offered a different perspective in that culturally, economically and politically, women are respected and revered in his community.

He emphasized that women do not have to be politicians to be leaders, as they demonstrate leadership in various other capacities.

In concluding, Ms Walker stated that women should continue to have access to tools for success, such as education, health and wellbeing and family planning. There was a need for capacity-building and networking and in five years she would like to see policies and legislation in force that will enable women to take charge of their destinies.

Mr Flax stated women must be congratulated as they have excelled in all spheres – economically, socially, educationally and even on the home front.

Mr Finch agreed that education is the key to the advancement of women. It is important to develop all citizens so they can become productive members of the community.

Societies cannot afford the progress of women to displace men. Societies must be careful how they treat everyone.

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SMALL BRANCHES CONFERENCE: 4 - YOUTH LEADERSHIP 57th COMMONWEALTH PARLIAMENTARY CONFERENCE London, United Kingdom Small Branches Conference 24 July 2011

STRENGTHENING DEMOCRACIES IN SMALL STATES: YOUTH LEADERSHIP TRAINING, CITIZEN INVOLVEMENT AND PARLIAMENTARY REFORM Chairperson: Deputy Alistair Langlois, Guernsey.

Discussion Leaders: Hon. Clive G. Beltran, MP, Minister for Education and Training, Gibraltar; Hon. Douglas Ete, MP, Solomon Islands; Hon. Dr Abdulla Mausoom, MP, Maldives.

Delegates agreed that it is important to find new ways to involve citizens in the political process in addition to their ability to vote in elections.

In many small jurisdictions there is already considerable reliance on members of the community serving in a voluntary capacity on committees and other bodies. New methods of electronic interaction such as social networking sites are an effective means for citizens to mount campaigns on a variety of issues and this is particularly useful in small states with a large geographical area or in island archipelagos where it is difficult for citizens to meet in person. It was, however, agreed that it is important to take care that the views expressed vociferously by certain sections of the community are genuinely representative of general public opinion. Systematic measures of public opinion such as referenda have sometimes shown

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that the views expressed by some are not necessarily supported by the majority.

Many of the jurisdictions represented organize regular Youth Parliaments or have Youth Councils or similar bodies. These are not only a way to enable younger people to understand more about the political process, but they are also a valuable way for the views of young people to be expressed and taken into account by governments. Delegates recognized that many young people do not think that Parliaments are of any relevance to their day-to-day lives, so it is important to engage young people on issues that affect them.

The need for young people from many of the small states represented to travel abroad to attend school or university was seen as a barrier to young people developing an interest in political life in their home community; but

this had to be set against the considerable benefit that education in another country can bring when students return home and bring knowledge and experience back with them.

Participants discussed the need for parliamentary reform, not only to improve internal parliamentary proceedings but also so that Parliaments do not become alienated from citizens. Examples were given of small states where the lack of a strong Parliament to ensure proper oversight of the executive had contributed to civil unrest, public disobedience and sometimes a coup.

Involvement and full accountability Hon. Clive Beltran, MP, Gibraltar’s Minister for Education and Training, explained how the education system in Gibraltar aimed to teach the idea and practice of leadership by involving students in positions of

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SMALL BRANCHES CONFERENCE: 4 - YOUTH LEADERSHIP

Discussion leader Hon. Clive Beltran, MP, (right) delivering his presentation.

Fellow presenters (from left): Hon. Douglas Ete, MP, Solomon Islands; Dr Abdulla Mausoom, MP, Maldives, and Chairperson Deputy Alistair Langlois, Guernsey.

responsibility and through the way in which subjects are taught.

Gibraltar also has a wellstructured Youth Service to enable young people to become honest, forward-looking, competent, inspiring and intelligent citizens.

The Youth Service organizes a range of projects and schemes where young people can become empowered to take on board tasks and responsibilities that some would argue are beyond their capabilities. Programmes are operated through a partnership between government, voluntary groups and private entities. The Youth Service tries as far as possible to promote an ethos of participation and involvement so that young people have the opportunity to impact on the quality and quantity of the services provided.

In order to widen the process of participation, a Youth Advisory Council, chaired by the Minister responsible for Youth Services, has also been established. This Council has a wide base of representation from different groups and meets

quarterly. It can consider matters brought to it by the young people themselves, thereby allowing initiatives which came from young people to be considered right up to government level. The Youth Council has set itself an ambitious task and one that needs encouragement and support from those who believe in young people and the importance of consulting and including them. The young representatives and the youth workers assigned to work with them not only have to take issues to the Council but also have to ensure that the decisions taken at the Council and the impact of these on their respective groups are conveyed back to the respective members so all are aware of decisions taken. It also enables young people, as future leaders, to understand how they are accountable for their decisions.

Mr Beltran said that more general citizen participation is a critical ingredient of participatory democracy as it provides the opportunity for citizens to engage in political life regularly and not only

during elections, it creates a framework for citizens to advocate their legitimate interests and it makes the work of public authorities more transparent and closer to the public. Citizens in Gibraltar are able to be engaged through a wide range of bodies including appeal boards, advisory committees and various organizations and societies representing sectors of the community.

In addition, citizen engagement is becoming more widespread through social networking sites such as Twitter and Facebook.

Parliamentary reform can also assist engagement and accountability and the type of reforms needed would depend on the level of parliamentary development in the jurisdiction concerned.

Preventing civil unrest Hon. Douglas Ete, MP, of the Solomon Islands set out very graphically for delegates how the lack of a robust parliamentary system can lead to very serious

problems in a society including, as happened in his own jurisdiction, civil unrest that culminated in a coup.

Mr Ete explained that civil unrest in the Solomon Islands in the late 1990s led the jurisdiction to be labelled as a failed state and elements of the police force and a militia group staged a coup. This resulted in a breakdown of law and order, economic collapse and a lack of delivery of basic services. In 2003 Parliament met twice and approved legislation to allow an international force known as the Regional Assistance Mission to Solomon Islands (RAMSI) to intervene and restore law and order.

Mr Ete explained that both a 2001 Needs Assessment and a 2004 United Nations Development Programme Parliamentary Strengthening programme identified that the lack of a strong parliament with the ability to hold the executive to account was a key reason for the civil unrest and the breakdown of order. The road to recovery

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SMALL BRANCHES CONFERENCE: 4 - YOUTH LEADERSHIP therefore depended heavily on the strengthening of parliamentary institutions to ensure good governance and appropriate accountability of the executive.

Parliamentary committees needed to be strengthened, Parliament needed to be given autonomy in staffing and budgetary matters and MPs needed to have adequate access to information.

A number of reforms have been proposed to strengthen Parliament and these included increasing the powers of committees and involving members of the public, church-based organisations and other non-government organisations in committees.

Establishing a permanent post of parliamentary counsel to provide impartial legal advice to Members and assist with the drafting of private Members’ Bills was also proposed, as was increasing the number of sittings per year.

In relation to youth training, Mr Ete said the first-ever Youth Parliament was held in the Solomon Islands in 2009 involving 50 students from 50 constituencies. The event was a great success and it was hoped that a regional youth Parliament could be organized between the Solomon Islands, Bougainville and New South Wales. In June 2011, a twinning agreement was signed between the Parliaments of New South Wales and the Solomon Islands as part of the Commonwealth Parliamentary Association twinning programme and this has enabled training and staff secondments to be provided which have been extremely beneficial to the Solomon Islands Parliament and have improved governance in the country.

He told delegates that there was unfortunately little citizen involvement in the work of Parliament outside the election process every four years.

Parliament is only convened by the Prime Minister to consider government business and the use of petitions by the public is rarely

used even though it is provided for in Standing Orders. Although citizens can theoretically be involved in making submissions to parliamentary committees, the only real committee inquiry to have been conducted was the Foreign Relations Committee inquiry into RAMSI that was a good opportunity for rural dwellers to witness and appear before a committee as it met in villages and brought Parliament to the community.

Popular uprisings and coups can occur when people become alienated from government. A strong and vibrant Parliament is therefore necessary to keep the government in check and ensure it delivers, said the Solomon Islander.

Engaging citizens Dr Abdulla Mausoom, MP, of Maldives referred to the need for youth leadership training and queried whether the small states represented at the conference do enough to enable young people to get involved with politics. He expressed the view that young people often do not wish to get involved until they are older and he challenged delegates to consider whether there should perhaps be a voluntary retirement age for politicians to allow younger people to get involved. Dr Mausoom pointed out that young people often do not have the necessary support and backing to stand for election although cross-border training through events such as the CPA Youth Parliament can assist in encouraging young people to get involved.

Dr. Mausoom stated that citizen involvement is crucial but questioned how feasible it is to involve citizens at all times. He pointed out that the governments of small jurisdictions are often placed under considerable pressure by large countries and it is not always possible as a result to comply with citizens’ aspirations.

This could therefore make one question whether it is in fact

262 | The Parliamentarian | 2011: Issue Three

worthwhile and appropriate to seek citizens’ views at all in these circumstances.

Dr Mausoom commented that there are moves in many jurisdictions for governments and Parliaments to seek to engage with, and involve, representatives of civil society; but he pointed out that care needs to be taken that these groups are genuinely representative as they could be dominated by political ideologies.

The use of new technologies such as social networking sites provides a new way for views to be expressed and shared quickly and these could form a useful new method of engagement.

Dr. Mausoom expressed the view that parliamentary reform could be difficult as some reforms take something away from existing Parliamentarians and there can therefore be resistance to reform.

Quotas for women or young people could, for example, restrict the number of seats available for existing Members. Similarly, moves to ensure greater financial transparency in relation to the interests of Parliamentarians are seen as important, but they can sometimes deter professional people from standing for Parliament. Dr Mausoom concluded that it is vital to ensure that there is the correct balance of power between Parliament and the executive and he mentioned that recent constitutional changes in the Maldives had fortunately given more power to Parliament.

Reaching young people Delegates discussed the various issues raised and, in particular, considered how to engage young people in political life.

Hon. Alex Downie, MLC, of the Isle of Man explained how his island has invested in sporting and other facilities for young people and this investment has paid dividends as there had been a reduction in youth crime, improvements in health and less obesity and coronary heart disease.

The Isle of Man government also supports youth training with 400 apprenticeships annually and opportunities for workplace training and work experience in government departments in the summer for young people, including students studying outside the island at university.

Hon. Dick Sawle, MLA, of the Falkland Islands pointed out that it is difficult to engage young people in some small jurisdictions such as the Falkland Islands where all young people have to leave the islands at the age of 16 to study abroad.

Several delegates commented that it is difficult to convince young people of the relevance of politics.

Mr Darius Tucker, JP, MP, of Bermuda commented that young people do not see politics as important as it does not affect their day-to-day lives. Some young people in Bermuda have nevertheless got involved in certain political parties and this could affect results in marginal constituencies.

Hon. John Boyce, MP, of Barbados explained how there was a youth manifesto at the last election in Barbados and there is now a formal Youth Forum in Barbados as an avenue for young people to have their say. It is nevertheless still difficult to persuade young people to get involved.

Mr Wilkie Rasmussen, MP, of the Cook Islands stated that small jurisdictions can find difficulties in relation to employment opportunities for students who have studied abroad, quoting the example of a student from the Cook Islands who qualified in New Zealand in deep-sea mining but there was simply no employment in this field in the Cook Islands.

Mr Rasmussen said that in the Cook Islands students at college can follow either academic or vocational qualifications and experience has shown that students following the vocational route have little interest in politics.

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SMALL BRANCHES CONFERENCE: 4 - YOUTH LEADERSHIP Those following the academic route have slightly more interest and the Youth Parliament brings students together from outlying islands to give them exposure to political activities.

Bringing young people into the system Ms Meredith Hunter, MLA, of the Australian Capital Territory told delegates that there is a view in Australia that young people are apathetic as not all young people want to be involved in bodies such as ministerial advisory committees.

Just like adults, young people now do not join political parties in large numbers. However, she said they

“...young people do not think that Parliaments are of any relevance...so it is important to engage young people on issues that affect them.” do have interests and they could very quickly become involved in campaigns using social networks such as Facebook which could be useful in jurisdictions with a large geographical area.

Hon. Justina Charles, MP, of Dominica explained how youth training has been offered in her Caribbean island and this has encouraged some young people to take up leadership roles. In addition, a National Youth Council allows leaders to emerge and entrepreneurship programmes assist young people and enable them to learn leadership skills.

Dr the Hon. Bernard Nottage, MP, of The Bahamas informed the conference that a Ministry of Youth was established in 1977 following lobbying for young people’s voices to be heard. In addition new legislation now allows young Bahamians living

abroad to vote and this would enable them to keep in close contact with political life at home.

Hon. Robin Adams, MLA, of Norfolk Island told delegates that in her Australian territory there is no political apathy and Members of the Assembly are very accessible at all times. Citizens can initiate referenda and, in addition, young people are very actively engaged in political life. There has been a Youth Assembly for 13- to 16-yearolds for a number of years and this met once a week in schools and one a month in the Assembly Chamber. Youth Assembly participants can invite Ministers and senior officials to their meetings and the Assembly has made a great impact and has resulted in a high level of interest among young people in island life.

Its impact was illustrated by the fact that a proposal some eight years before to raise the age at which young people can ride a motorbike from 15 to 16 was dropped following pressure from the Youth Assembly.

Deputy Jenny Tasker of Guernsey reminded Members that the Royal Commonwealth Society assists with the organization of youth Parliaments and junior CHOGMs to enable young people to consider the agendas of future Commonwealth Heads of Government Meetings and give their input.

She added that in Guernsey the voting age was reduced to 16 in 2008 and detailed information about the States of Guernsey is made available to all schools.

Hon. Paul Delorey, MLA, from Canada’s Northwest Territories explained that participants in their Youth Parliament take on the role of the Member from the constituency they represent meaning, for example, that the young person from the Premier’s riding acts as Premier in the Youth Parliament. Young people from the Territories can also act as Youth Ambassadors and be involved in youth exchange programmes. Mr

Delorey expressed the view that involving young people can help to facilitate more general parliamentary reform.

Hon. Elizabeth Burain, MHR, of Bougainville explained that their constitution has a quota of at least three women Parliamentarians and three seats for young people, although currently these seats are filled by ex-combatants as part of the peace process. Many young people are still armed and there is a need to disarm them.

Parliament and the public Turning to the issues of public engagement and parliamentary reform, Hon. Dick Sawle, MLA, of the Falkland Islands explained that some 71 per cent of Falkland Islanders are on Facebook and this enables wide participation by citizens spread over a wide geographical area.

He explained that MLAs in the Falkland Islands hold monthly public meetings but it is nevertheless difficult in a very small jurisdiction to find sufficient people who are willing to serve on the many committees and bodies that exist in a small community.

Mr Ramussen advised delegates that care needs to be taken when assessing public opinion. In the Cook Islands there is a general perception that the public thinks there are too many Parliamentarians; but when a referendum on the issue was held, 90 per cent of voters in fact rejected a reduction. Mr Ramussen also expressed the view that Parliamentarians should have a wide knowledge of overarching issues facing the community, explaining that in the Cook Islands many are community leaders who do not always have this experience.

Mr Tucker reminded delegates that in Bermuda and many other countries people fought hard for the right to vote and it is therefore important to encourage participation in elections. If electors do not vote they should not then complain. In his own jurisdiction

other parliamentary reforms proposed include: the introduction of webcasting of parliamentary proceedings (which it is hoped will improve behaviour), the introduction of Hansard, a wi-fi network and a question period after statements.

Mr Beltran said that reform is back on the agenda in Gibraltar with pressure for change from some; but no real action has been taken so far. Some of the reforms being considered include a reform of question time and the installation of television coverage of proceedings.

Mr Ete reiterated that the RAMSI Commission had assisted the Solomon Islands with institutional strengthening, budgetary reform, law and order and economic advice to government. Some of the population had been concerned that the RAMSI Commission was a parallel government, but the majority have accepted it as a positive step. Mr Ete expressed the view that one essential reform to improve governance in the Solomon Islands is a reform to Standing Orders to increase the number of parliamentary sittings each year as there had only been two sittings so far this year.

Dr Mausoom said that the executive had been separated from Parliament in the Maldives but there is a high threshold for some reform as certain measures require a two-thirds majority and some require a referendum.

Delegates concluded that the events that had taken place in the Solomon Islands, as set out during the plenary session, provided very clear evidence of the importance of a strong Parliament and of the need for parliamentary reform, not only to improve internal parliamentary proceedings but also so that Parliaments do not become alienated from citizens. At its most extreme, as seen in the Solomon Islands, the lack of a strong Parliament with citizen involvement could lead to civil unrest, public disobedience and even a coup.

The Parliamentarian | 2011: Issue Three | 263

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CPA Centennial Globe: £30 each plus £7.50 postage and handling. Total: £37.50

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The CPA Centennial globe and post-it holder in their boxes

CPA souvenirs are available for sale to Members and officials of Commonwealth Parliaments and Legislatures by contacting the CPA Secretariat by email at: hq.sec@cpahq.org or by air mail at: Suite 700, 7 Millbank, London SW1P 3JA, United Kingdom

CPA-Organization:Layout 1 26/10/2011 12:25 Page 265

THE CPA ORGANIZATION

CPA ORGANIZATION Commonwealth Parliamentary Association Executive Committee and Secretariat, Commonwealth Women Parliamentarians Steering Committee and Branches of Association

CPA Executive Committee PATRON: H.M. Queen Elizabeth II (Head of the Commonwealth) VICE-PATRON: Hon. Mahinda Rajapaksa (President, Sri Lanka)

Officers President: Hon. Chamal Rajapakse, MP (Speaker of Parliament, Sri Lanka) Vice-President: Hon. Mninwa Johannes Mahlangu, MP (Chairperson of the National Council of Provinces, South Africa)

Hon. Muyali Boya Mary epse Meboka, MP (Cameroon) Hon. Aminu W. Tambuwal, MP (Speaker of the House of Representatives, Nigeria) Hon. Elijah Okupa, MP (Uganda) Sen. the Hon. Chief Letapata Makhaola (President of the Senate, Lesotho)

Vice-Chairperson of the Executive Committee: Ms Nafisa Shah, MNA (Pakistan. Also Regional Representative for Asia)

ASIA

Treasurer: Hon. Marwick Khumalo, MP (Swaziland)

Ms Nafisa Shah, MNA (Pakistan)

Regional Representatives

Mr Hugh Bayley, MP (United Kingdom) Dr Aristos Aristotelous, MP (Cyprus) Deputy Bernard Flouquet (Guernsey)

Chairperson of the Executive Committee: Rt Hon. Sir Alan Haselhurst, MP (United Kingdom)

Chairperson of the CWP: Hon. Alix Boyd Knights, MHA (Speaker of the House of Assembly, Dominica

BRITISH ISLANDS AND MEDITERRANEAN

CANADA Mr Joe Preston, MP (Canada) Hon. Dale Graham, MLA (Speaker of the Legislative Assembly, New Brunswick)

Hon. Md. Abdul Hamid, MP (Speaker of Parliament, Bangladesh)

Hon. Ken Kowalski, MLA (Speaker of the Legislative Assembly, Alberta)

Hon. Rana Muhammad Iqbal Khan, MPA (Punjab, Pakistan)

CARIBBEAN, AMERICAS AND ATLANTIC Hon. Kelver Darroux, MP (Dominica)

AUSTRALIA Sen. the Hon. John Hogg (President of the Senate, Australia)

Hon. Julianna O’ConnorConnolly, JP, MLA (Deputy Premier, Cayman Islands)

Hon. John Mickel, MP (Speaker of the Legislative Assembly, Queensland

Hon. Alvin Smith, MP (Speaker of the House of Assembly, The Bahamas)

Hon. Barry House, MLC (President of the Legislature Council, Tasmania)

INDIA

AFRICA Hon. Asser Kuveri Kapere, MP (Chairperson of the National Council, Namibia Branch) Rt Hon. Henry Chimunthu Banda, MP (Speaker of the National Assembly, Malawi)

Smt. Meira Kumar (Speaker of the Lok Sabha, India) The Parliamentarian | 2011: Issue Three | 265

CPA-Organization:Layout 1 26/10/2011 12:25 Page 266

THE CPA ORGANIZATION

Hon. Sardar Harmohinder Singh Chatha, MLA (Speaker of the Legislative Assembly, Haryana)

CPA Regional Secretaries AFRICA

Hon. Kiyanilie Peseyie, MLA (Speaker of the Legislative Assembly, Nagaland)

Dr Thomas Kashililah (Parliament of Tanzania)

PACIFIC

ASIA

Hon. Bill Vakaafi Motufoou, MP (Niue)

Mr Dhammika Dasanayake (Parliament of Sri Lanka)

Ms Moana Mackey, MP (New Zealand )

AUSTRALIA

CARIBBEAN, AMERICAS & ATLANTIC

Commonwealth Parliamentary Association Secretariat

Ms Jacqui Sampson (Parliament of Trinidad and Tobago)

Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, United Kingdom Tel: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 Email: hq.sec@cpahq.org

INDIA Shri T.K. Viswanathan (Parliament of India) PACIFIC

Hon. Ludwig Scotty, MP (Speaker of Parliament, Nauru) SOUTH-EAST ASIA Hon. Datuk Ronald Kiandee, MP (Malaysia) Hon. Dato’ Seri DiRaja Syed Razlan Syed Putra, MLA (Perlis, Malaysia)

Mr Rafael Gonzalez-Montero (Parliament of New Zealand) SOUTH-EAST ASIA

Mr Andres Lomp (Parliament of the Commonwealth of Australia)

Mrs Roosme Hamzah (Parliament of Malaysia)

BRITISH ISLES & MEDITERRANEAN

Secretary-General: Dr William F. Shija Director of Communications and Research: Mr Andrew Imlach Director of Administration and Finance: Mr David Broom

Mr Andrew Tuggey (Parliament of the United Kingdom)

A full listing of the CPA Branch Directory can be found at: www.cpahq.org.

CANADA Mr Blair Armitage (Parliament of Canada)

Dr Lam Pin Min, MP (Singapore)

Commonwealth Women Parliamentarians: Steering Committee

PRESIDENT

ASIA

CANADA

INDIA

TBC (Sri Lanka)

Dr the Hon. Sudharshanee Fernandopulle, MP (Sri Lanka)

Hon. Maria Minna, PC, MP (Canada)

Hon. Km. Selja, MP (Minister of State in the Ministry of Housing and Urban Poverty Alleviation, India)

CHAIRPERSON AUSTRALIA Hon. Alix Boyd Knights, MHA (Speaker of the House of Assembly, Dominica) AFRICA Rt Hon. Rebecca Kadaga, MP (Speaker of the Parliament, Uganda)

CARIBBEAN, AMERICAS AND ATLANTIC

PACIFIC Ms Lisa Baker, MLA (Western Australia) BRITISH ISLANDS AND MEDITERRANEAN Hon. Justyne Caruana, MP (Malta)

266 | The Parliamentarian | 2011: Issue Three

Hon. Dancia Penn, OBE, QC, MHA (Deputy Premier, British Virgin Islands )

Hon. Va’aiga Tukuitoga, MP (Niue) SOUTH-EAST ASIA Hon. Dato’ Noraini Ahmad, MP (Malaysia)

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Parliamentary Report NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS NEW ZEALAND:

Television New Zealand Amendment Bill Page 269

BRITISH COLUMBIA:

Yale First Nation Agreement Act Page 272

AUSTRALIA:

Autonomous Sanctions Act 2011 Page 277

INDIA:

The Energy Conservation (Amendment) Bill Page 279

INDIA:

The Foreign Trade (Development and Regulation) Amendment Bill, 2009 Page 279

U.K. SUNDAY PAPER CEASES PUBLICATION AMIDST PHONE HACKING ENQUIRY

Page 273

TAXATION BILL TO HELP PROVIDE RELIEF AFTER EARTHQUAKE Page 268

A HINT OF THINGS TO COME FROM THE CONSERVATIVE GOVERNMENT Page 271

SENATOR HOGG REELECTED AS PRESIDENT AFTER MAJORITY WIN Page 276

The Parliamentarian | 2011: Issue Three | 267

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PARLIAMENTARY REPORT

NEW ZEALAND

TAXATION BILL TO HELP PROVIDE RELIEF FROM THE EARTHQUAKE On 19 May the Minister of Finance, Hon. Bill English, MP, presented his third Budget. The Leader of the Opposition, Hon. Phil Goff, MP, subsequently moved a motion of no confidence in the government: “Today New Zealand needed a Budget that gave it a shot in the arm. It needed a vision for a better future and how to get there. We got neither. Today’s Budget does nothing to address the real problems facing our country: high debt, low wages, low productivity,

Hon. Phil Goff, MP

high unemployment, and poor economic growth.”

According to the Prime Minister, Rt Hon. John Key, MP, “our balanced, fair, and affordable Budget is a Budget with a plan. It is not a plan when one just borrows more money.

This is a Budget that gets us back into surplus within three years. The [Christchurch] earthquake is a big impost on New Zealand. It is probably the 268 | The Parliamentarian | 2011: Issue Three

Dr Russel Norman, MP

most expensive natural disaster as a percentage of GDP that we can find in the developed world. It is all paid for in Budget 2011.”

For Dr Russel Norman (CoLeader—Green), “the Green Party is the only party that has the courage to say we need to increase government revenue in order to reduce borrowing and avoid making damaging spending cuts. Broadening our tax base will help guide our economy on to a more sustainable footing, with lower greenhouse emissions and a cleaner, more efficient use of water. Our vision is for clean, green prosperity for all New Zealanders”.

The Parliamentary Leader of the ACT Party, Mr John Boscawen, described New Zealand as “once the most prosperous country in the world”, adding that “by the 1960s our fortunes had begun to decline, and that decline has accelerated over the last 30 years to the point where we are

ranked just 26th in the OECD world rankings. Cutting back spending programmes that recipients have come to enjoy would have required real political courage, which, like the last Labour government, this government seems to lack”.

Hon. Dr Pita Sharples (CoLeader—Maori Party) acknowledged that “our relationship and confidence and supply agreement with National binds us to support Budget measures that we may or may not like or agree with.

An economic recession always has the most direct impact on those who are already worse off, so many families who are on low incomes, in casual or unskilled work, or unemployed, and who have dependants, are

Mr John Boscawen, MP

hit first and hit hardest. Things could have been a lot worse.

Looking at this Budget, we remain convinced that maintaining a working relationship with government is

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NEW ZEALAND

in the long-term interests of our constituents. The Maori Party will support this Budget”. The

Hon. Peter Dunne, MP

Budget debate was adjourned on 19 May to take urgency to pass two Bills. The Taxation (Annual Rates and Budget Measures) Bill, in the words of Minister of Revenue Hon. Peter Dunne, MP, in the first reading, “addresses two large programmes administered under the tax system, Working for Families and KiwiSaver, to maintain targeted support while eliminating unsustainable spending”. However in its third reading, opposing the Bill on behalf of Labour, Hon. David Cunliffe, MP complained: “The government said it would not cut KiwiSaver, and this Bill cuts it. It said it would not cut

Hon. David Cunliffe, MP

Working for Families, and this Bill cuts it.”

The Bill passed on 20 May,

after considerable heated debate, by 67 votes to 51, but the other Bill accorded urgency, the Taxation (Canterbury Earthquake Measures) Bill, passed unopposed through all its stages on the same day. Mr Dunne explained that the Bill would “provide income tax and gift duty relief on trading stock that a business has donated

from 4 September 2010 up to 31 March 2012 for the purpose of relief from the adverse effect of the Canterbury earthquakes”.

Hon. Clayton Cosgrove, MP, emphasized Labour’s support of the Bill: “It would be a tragedy…if somehow the generosity of employers—and many and most employers were very generous in

providing goods and services, a bit of top-up money, time off, and all sorts of other assistance to employees—fell within the net and was penalized through the tax system.”

The Budget debate ended, and the motion of no confidence in the government was lost by 67 votes to 53, on 9 June.

THIRD READING: NEW ZEALAND Television New Zealand Amendment Bill On 12 July the Television New Zealand Amendment Bill completed its third reading. The Minister of Broadcasting, Hon. Dr Jonathan Coleman, MP, said “the government’s pre-election manifesto included a commitment to provide certainty to our public broadcasters. To do this, we had to address the outmoded provisions in the Television New Zealand (TVNZ) legislation, and put in place a new mandate for TVNZ’s operations in the 21st century”.

The substantive change in the Bill was the removal of the TVNZ charter, which the previous Labour government had enacted to ensure that TVNZ had at least some public service television functions. The government argued that the charter was an “encumbrance” and “unrealistic”. The Bill would give “TVNZ the flexibility it needs to set its own priorities and compete in a highly competitive and diverse media market …” according to Dr Coleman.

New Zealand Labour and the Green Party opposed the removal of the charter. Ms Sue Kedgley (Green) lamented its removal: “In about 20 minutes we will see the end of public service broadcasting.”

Ms Clare Curran (Labour) summed up Labour’s view: “We believe in a well-funded, innovative, and community-oriented public broadcaster—in other words, the very opposite of the goals of this Bill and the current Minister of Broadcasting.”

Both Labour and the Green Party were concerned that the Bill would result in less New Zealand content on television. “We will end up with less and less New Zealand content on television, because we all know that it is much cheaper to buy imported programmes from offshore than it is to make New Zealand programmes.”, remarked Ms Kedgley.

Dr Coleman stressed that the government was “very aware of its obligations” to promote Maori language and culture. However, Te Ururoa Flavell (Maori Party) said that the Maori Party worried that, with the charter abolished, “the concern is still there that issues of interest relating to Maoridom, Maori knowledge, and Maori resources within TVNZ will not be seen by the public”.

The Bill was passed on a party vote, with New Zealand National, ACT New Zealand, and United Future voting in favour, and New Zealand Labour, the Green Party, the Maori Party, the Progressive Party, and Independent MP Hon. Chris Carter voting against.

Smoke-free Environments (controls and enforcement) Amendment Bill The Smoke-free Environments (Controls and Enforcement) Amendment Bill was passed by Parliament on 14 July by 117 votes to 3, with the three dissenting votes from a split ACT Party vote.

Associate Minister of Health and Co-Leader of the Maori Party, Hon. Tariana Turia, MP, was in charge of the Bill, and stated: “Many of us know the devastating consequences of tobacco smoking as a leading cause of preventable death in New Zealand, and we know in our lived experiences that Maori and Pasifika people bear a disproportionate burden of tobacco addiction.” Mr Iain Lees-Galloway (Labour) supplied some statistics: “Five thousand New Zealanders die every year from smoking-related diseases.That means that just in the term of this Parliament 10,000 people have died unnecessarily because of smoking-related diseases.”

Continued next page

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PARLIAMENTARY REPORT

NEW ZEALAND

THIRD READING: NEW ZEALAND Continued from previous page Minister Turia stated that the Bill was “driven by the need to reduce tobacco uptake, particularly amongst young people, and to help smokers to quit. It does this by prohibiting retail displays of tobacco products, increasing controls on tobacco, and facilitating the enforcement of tobacco controls”. Her Maori Party colleague Rahui Katene explained the reasoning behind this move: “We know that relapse to smoking is influenced by the retail displays of tobacco products. The mere sight of tobacco on display becomes a temptation for smokers trying to quit.” Mr Chris Auchinvole (National) stated: “We will remove retail displays, ban retailers from using tobacco trading names to advertize tobacco, and have stricter restrictions on selling tobacco to young people, particularly to minors.” Dr Paul Hutchison (National), chair of the Health Committee, which examined and heard evidence on the Bill, added: “The Bill also covers herbal products, and it must be mentioned that experts told us and confirmed that smoking herbal products carries significant health harms.”

Mr John Boscawen (ACT) explained the reason for his colleagues’ dissenting votes: “The concern of Heather Roy, Sir Roger Douglas, and Hilary Calvert…is, I guess, the issue of freedom: if one is informed of the issues and if one is aware that smoking is addictive, one should be free to take it up and we should not place that restriction on people.”

However, Dr Hutchison argued: “As I understand libertarian philosophy, the basic premise is as much freedom as possible provided it does not harm others. There is no doubt that second-hand smoke does harm others.” Mr Kevin Hague of the Green Party agreed: “the argument of individual choice…fails to explain the pattern of health and disease we actually observe. That is why we have to step in.”

Ms Turia outlined her vision for future smoking-related legislation: “Our next step…is to introduce comprehensive plain packaging legislation to seriously regulate and control this product in a way that is commensurate with the devastating harm it continues to cause.” Mr Lees-Galloway agreed that more legislation was required: “We have set a bold, ambitious goal of making New Zealand smoke-free by 2025, and although this Bill is a component of achieving it, it is not the silver bullet by any stretch of the imagination, and there is a lot more work to do.”

Land Transport (road safety and other matters) Amendment Bill The Minister of Transport, Hon. Steven Joyce, MP, moved the third reading of the Land Transport (Road Safety and Other Matters) Amendment Bill on 5 May. He stated that he was “confident [the Bill] will further reduce the trauma and social costs arising from road crashes”. He went on to sum up the legislation by stating: “The most significant road safety advances in this Bill are improving the safety of

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young drivers, addressing the dangers posed by high-risk drivers, and improving the enforceability of existing road safety provisions. The Bill aims to improve young driver safety by increasing the minimum licensing age from 15 to 16, introducing a zero breath-alcohol limit for drivers under 20, and allowing the New Zealand Transport Agency to toughen up the practical licensing test that is necessary to obtain a restricted driver’s licence..”

The Minister also outlined the Government’s ongoing efforts towards improving road safety: “It is worth noting that the government has been very active in seeking to improve road safety during the short 2½ years it has been in office. We have not been afraid to take steps to help reduce the road toll where the evidence supports those steps.

We have passed legislation dealing with illegal street-racing and drugdriving, and introduced a ban on using cellphones while driving. We are currently preparing legislation that will change the give-way rule and include measures to improve motorcycle safety. We have reoriented our investment in new infrastructure to improve capacity and safety outcomes on our busiest and most dangerous highways with the roads of national significance programme. Today we have the final reading of the most significant road safety legislation this House has seen since the Land Transport Act was passed in 1998.”

Labour MP Darien Fenton stated that Labour Members “support the majority of this Bill.” However, she then went on to outline their key objection: “One of the major differences we have on this Bill is the government’s decision to ignore the opportunity to reduce the bloodalcohol concentration limit from 0.08 grams to 0.05 grams [of alcohol per litre of blood]. It is hard to understand why this government has ignored the overwhelming will of the New Zealand public and of experts who want to see this matter resolved in this Bill.”

Labour’s stance was further elucidated by Mr Chris Hipkins, who also criticized the decision to raise the driving age: “There is a very compelling evidential base to say that lowering the blood-alcohol level for people driving will work. It will save lives and it will make our roads safer, yet the government will not do it. There is clear evidence to suggest it will work, and the government will not do it. There is very little evidence that can be nailed down that says that raising the driving age from 15 to 16 will work and will make our roads safer, but the government is doing it.”

The Green Party also supported the majority of the Bill, but criticized the government’s emphasis on roading projects, with Mr Gareth Hughes noting that “for every dollar [the government] is spending on walking, cycling, buses, and trains it is pouring $7 on to its pet seven political ‘roads of National government significance’.”

The Government’s support parties ACT, the Maori Party, and United Future also voted in favour of the Bill, which was passed unanimously.

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A HINT OF THINGS TO COME FROM THE CONSERVATIVE GOVERNMENT As it is always the case with a new Parliament, the first item of business for Canada’s 41st Parliament was the election of the Speaker of the House of Commons. This process necessarily resulted in the election of a new Speaker, as Hon. Peter Milliken, who had been Speaker of the House of Commons since 2001, had decided not to seek re-election in the 41st general election held

Hon. Peter Milliken

on 2 May 2011.

The election of the Speaker of the House of Commons is one of few parliamentary votes conducted by secret ballot.

Candidates for the Speakership are allowed to address the House before the ballots are cast. A recurring theme in their speeches was a need to improve decorum in the House of Commons.

Unfortunately, Members have been the object of much criticism in recent years for their behaviour during the proceedings of the House, especially during Question Period.

Eight Members of the House of Commons sought the status of “first Commoner”. After six rounds, the coveted position was conferred on Mr Andrew Scheer. At 32, Mr Scheer becomes the youngest Speaker in Canadian history. A Member of the House of Commons since 2004, Mr Scheer had been one of its presiding officers since 2006, first as Assistant Deputy Chairman of Committees of the Whole and, from 2008, as Deputy Speaker. It will certainly be a considerable task for the newly elected Speaker to fill former Speaker Milliken’s shoes, as Mr Milliken is seen by many Canadians as possibly the greatest Speaker in Canadian history. Former Speaker Milliken’s 10-year tenure, lasting over three governments and four Parliaments, is also unprecedented. Speakers vote

Rt Hon. Andrew Scheer, MP

only to break a tie and their votes are based on precedents and customs rather than party politics. Speaker Milliken cast

six of the eleven votes cast by a Speaker since Confederation in 1867, including, on 19 May 2005, a vote on a motion of confidence - a first for a Speaker. The Speaker of the Senate, who is not elected by Senators but rather chosen by the government, remains Sen. the Hon. Noël Kinsella, who has held this position since February 2006.

The Speech from the Throne His Excellency Rt Hon. David Johnston, Governor General of Canada, delivered the Speech from the Throne on 3 June 2011, his first since his appointment in October 2010. Speeches from the Throne oftentimes serve as an opportunity to launch major policy initiatives, and to announce important new upcoming legislation. This speech from the Throne, however, contained few surprises and instead built on continuity as Mr Johnston reasserted the Conservative Government’s policies and commitments on economic issues, such as job growth and control of public spending and deficit, law and order, and family measures. The most widely reported moment of the day was not, however, the Speech itself, but rather the expulsion of a Senate page from the Upper Chamber where the speech was delivered. Ms Brigette Marcelle DePape, in an act of civil disobedience, held up a hand-made “Stop Harper” sign for a 20-second period while

standing in the center of the Red Chamber, a few steps away from several seated Supreme Court Justices. She

Rt Hon. David Johnston

was then escorted out of the Chamber. Ms. DePape later explained: "Harper's agenda is disastrous for this country and for my generation." She further explained, "We have to stop him from wasting billions on fighter jets, military bases, and corporate tax cuts while cutting social programs and destroying the climate. Most people in this country know what we need are green jobs, better medicare, and a healthy environment for future generations."

Legislation It did not take long for the Harper Government to act upon its legislative agenda. On 13 June 2011, Bill C-2, An Act to amend the Criminal Code (mega-trials) or the Fair and Efficient Criminal Trials Act, was introduced as the government’s first legislative initiative of the 41st Parliament. This Bill had

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been introduced in the previous Parliament but died on the Order Paper at dissolution. As its title suggests, this Bill is intended to streamline criminal procedure and adapt it to facilitate the conduct of megatrials, which are oftentimes used to prosecute members of terrorist groups or of organized crime, such as the Hell’s Angels. The adoption of the Bill was considered urgent by many, including the official opposition (the New Democratic Party) as long delays, inherent to mega-trials, had resulted in stays of proceedings around the country. In a recent case, charges against 31 alleged Hell’s Angels were dropped because of past and anticipated delays in their trials which would have resulted in the violation of the right to a fair trial, as guaranteed by the Canadian Charter of Rights and Freedoms. The Bill was adopted by both Houses and received royal assent before the summer recess. The government has also pledged to reintroduce other law and order legislative proposals from the previous Parliament in an omnibus Bill later this fall. The government also introduced legislation to enact its democratic reform proposals.

Since its initial election in early 2006, the Harper Government has consistently, but unsuccessfully, advocated for Senate reform, with a dual focus on the method of appointment of Senators and on the length of their tenure.

Senators are currently summoned to the Upper Chamber by the Governor General on the advice of the Prime Minister, and stay in office until they reached the age of 75. On 21 June 2011, Hon. Tim Uppal, Minister of State for Democratic Reform, introduced in the House of

Commons Bill C-7, the Senate Reform Act. The government’s proposal is, as it has been in the past, amounts to something less than a direct modification to the method of selecting Senators, as this would require a formal constitutional amendment agreed to by the provinces. The proposal calls upon the provinces and territories to legislate a framework whereby their electors’ preferences as to possible nominees to the Senate are expressed. Bill C-7 would also replace the retirement age of 75 by a nonrenewable nine year term.

Some speculated as to why the Bill was introduced in the elected House of Commons. It has been suggested that some Conservative members of the “Chamber of sober second thought” (as the Senate is often called) had “second thoughts” on the reform proposals in previous sessions. It now seems, however, that with a majority of Conservatives in both Houses of Parliament, the opposition could no longer delay or impede the government’s commitment to Senate reform. The legislative proposals that garnered most of the public’s attention and mobilized the Opposition were, however, two back-to-work bills. The first, Bill C-5, An Act to provide for the resumption and continuation of air service operations, was aimed at ending the strike of 3,800 Air Canada customer service and sales staff. Air Canada is the largest Canadian airline. A deal was struck between Air Canada and its employees shortly after Bill C-5 was introduced by Hon. Lisa Raitt, Minister of Labour.

The second, Bill C-6, An Act to provide for the resumption and continuation of postal services related to a lock-out of 48,000 employees of Canada Post, the crown corporation responsible

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for most mail delivery in Canada. Prior to the lock-out, Canada Post employees had embarked on a rotating strike.

In this case, the legislative pressure failed to encourage management and the union to reach a settlement. As the summer recess approached, the Conservative Government moved a closure motion to ensure that the House could not adjourn for the holidays before Bill C-6 was adopted.

The Opposition, led by the New Democratic Party which has strong ties with the labour movement, filibustered the proposal for 58 hours. While the Conservative majority was bound to prevail in the end, the

NDP is seen to have succeeded in establishing their credibility as the Official Opposition. The Senate adopted Bill C-6 the following day. While everything seemed to suggest that the 2011 summer will be quiet on the political front, an announcement from the New Democratic Party on 25 July 2011 surprised the whole political community. Mr Layton stepped down temporarily as leader of the New Democrats as he was to undergo treatment for cancer. He had been battling prostate cancer since 2009, and had undergone a hip surgery shortly before the last general election.

THIRD READING: BRITISH COLUMBIA Yale First Nation Final Agreement Act Bill 11 ratifies and gives effect to the Yale First Nation Final Agreement, the fourth modern-day treaty to be successfully negotiated in BC. Signed in February 2010 by the Yale First Nation and the governments of British Columbia and Canada, it is the most recent treaty to be concluded under the six-stage BC Treaty Process.

Previous final agreements were signed in 2006 involving the Tsawwassen First Nation and the Maa-nulth First Nations. The Nisga'a Final Agreement concluded in 1999 used a separate negotiating process.

Bill 11 gives the force of law to the Yale First Nation Final Agreement and changes other provincial laws to enable its implementation. Listed as a schedule in the act, the Final Agreement includes self-government provisions, a capital transfer of $10.7 million, funding for economic development, and a total of 1,966 hectares of land. It also defines ownership and management of mineral, fishing, and other resources, along with rights to fishing, gathering, and harvesting.

The act received Royal Assent on 2 June 2011, completing the provincial portion of the treaty approval process. Legislation must now be passed by the House of Commons and then the Senate before implementation of the treaty can begin.

Located along the Fraser River near the community of Hope, the Yale First Nation has about 150 members. In March, 68 per cent of its members cast ballots in favour of the Final Agreement.

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THIRD READING: BRITISH COLUMBIA Police (Independent Investigations Office) Amendment Act, 2011 Introduced on 17 May, Bill 12 amends the Police Act to create the Independent Investigations Office (IIO), a new civilian-led office to investigate serious incidents involving police in the province. Located in the Ministry of Attorney General and headed by a chief civilian director, the IIO will conduct criminal investigations into policerelated events involving death, harm, or other serious matters.

Following investigation, incidents considered to involve criminal offence may be reported to Crown counsel for review and charge assessment.

The IIO will have the ability to investigate members of all BC police agencies, including independent municipal forces and the Royal Canadian Mounted Police. Currently, BC’s Police Complaints Commissioner, a statutory officer of the Legislative Assembly, has the power to investigate complaints involving only municipal police.

The establishment of a new independent investigations office with province-wide jurisdiction was recommended by the Braidwood Commission following its inquiry into events surrounding the highprofile 2007 death of Robert Dziekanski at the Vancouver International Airport.

The legislation requires a review of the administration, general operations, and progress of the IIO to be completed by a special parliamentary committee before 1 January 2015.

Prevention of Cruelty to Animals Amendment Act, 2011 Bill 9 updates animal protection laws in BC following the widelyreported mass killing of sled dogs in Whistler last year. The legislation incorporates recommendations made by a provincial task force established to investigate the incident, and introduces what have been described as the toughest animal cruelty laws anywhere in Canada.

The Bill imposes higher penalties for offences under the Prevention of Cruelty to Animals Act – including maximum fines of up to $75,000 and up to two years in jail – along with measures to hold owners and others more accountable for causing distress to animals. New provisions also allow the government to regulate specific activities pertaining to the use and care of animals, including the sled dog industry. Bill 9 came into force on 2 June 2011, the date of Royal Assent.

U.K. SUNDAY NEWSPAPER CEASES PUBLICATION AMIDST PHONE HACKING ENQUIRY A common theme in coverage of Westminster since the 2010 election has been the increased assertiveness of Parliament as an institution. For many, the parliamentary response to the phone hacking scandal of July 2011 represented a key moment.

Between July 2009, when a list of names of alleged victims of phone hacking by The News of the World was published in The Guardian newspaper, and

January 2011 three parliamentary committees – Culture, Media and Sport, Home Affairs, and Standards and Privileges, reported on the issue.

In early 2011 the Metropolitan Police reopened its investigation. There followed a number of arrests and successful civil actions by public figures against the owners of The News of the World (News Group, owned by

News International) during the following months. However, it was allegations published on 4 July that the voicemails of the murdered schoolgirl Milly Dowler had been hacked and messages had been deleted whilst she was still missing that put the issue at the centre of public and parliamentary attention.

On 5 July, the former Minister Mr Chris Bryant, MP (Labour) sought, and obtained,

permission from the Speaker and the House for an emergency debate the following day. By that time, further revelations had emerged suggesting that victims of the July 2005 bombings in London and the families of other murder victims may have had their phones hacked.

Opening the debate, Mr Bryant told the House these were: “the immoral and almost

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certainly criminal deeds of an organization that was appallingly led and had completely lost sight of any idea of decency or shared humanity. The private voicemail messages of victims of crime

Rt Hon. Dominic Grieve, MP

should never, ever have become a commodity to be traded between journalists and private investigators for a cheap story and a quick sale, and I know that the vast majority of journalists in this country would agree with that.”

He went on to call for a public inquiry into what had happened not just at The News of the World but also why the Metropolitan Police had not been more active in investigating allegations that had led to two convictions in 2007: “They could have—and, I believe, should have— interrogated that information so that it became evidence. They could have approached all those affected. They could have contacted the mobile phone companies to ensure their customers were better protected. Unfortunately, they did none of those things.”

Finally he turned his attention to News Corporation’s (owners of News International) proposed take-over of BskyB: “Of course the proposed takeover of BSkyB should be put on ice while the police investigation is ongoing. The

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executive and non-executive directors [of News International] have completely failed in their legal duty to tackle criminality in the company in question, and it must surely be in doubt, at least, whether some of them are fit and proper people to run a media company.”

Speaking for the Government, the Attorney General, Rt Hon. Dominic Grieve, MP (Conservative), confirmed the Prime Minister’s announcement – made during Prime Minister’s Questions earlier that day – that there would be an independent public inquiry, telling the House: “It is precisely because of the gravity of the allegations now being made that the Prime Minister announced only a short time ago that there would be a fully independent public inquiry, or set of inquiries, into these matters, but that must not jeopardise any criminal investigation.”

The following days saw further developments. News International announced it was closing The News of the World and the final edition of the 168 year-old paper was published on the morning of Sunday 10 July. The former-Editor of The News of the World, Mr Andy Coulson, was arrested and questioned. The Prime Minister announced there would be two inquiries – one into the regulation of the media and one into the behaviour of The News of the World and Metropolitan police.

Wednesday 13 July saw another day of parliamentary business dominated by the scandal. At Prime Minister’s Questions the Leader of the Opposition, Rt Hon. Edward Miliband, MP, pressed the Prime Minister on his decision to appoint Mr Coulson as his Director of Communications.

Immediately afterwards, the

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Prime Minister made a statement setting out the terms of the proposed inquiries – both of which were to be chaired by Lord Justice Leveson. He also announced that the Independent Police Complaints Commission would investigate alleged payments to police officers. Finally, both he and the Leader of the Opposition announced they

Rt Hon. Sir George Young, MP

would publish details of their meetings with senior media figures.

The main business of the day included a debate on an Opposition motion stating that: “This House believes it is in the public interest for Rupert Murdoch and News Corporation to withdraw their bid for BskyB.” The motion was supported by the Labour Party, Democratic Unionist Party, Scottish Nationalist Party, Plaid Cymru, the Green Party and the Northern Irish Social Democratic and Labour Party.

Earlier in the day the Government indicated that it too would support the motion, with the exception of the Secretary of State for Culture, Media and Sport, Rt Hon Jeremy Hunt MP (Conservative), who would abstain because of his quasijudicial role in the take-over process.

Shortly before the debate began, News Corporation announced that it was

withdrawing its bid. Opening the debate, the Leader of the Opposition noted: “It is unusual, to put it mildly, for a motion in this House to succeed before the debate on it begins, but this is no ordinary motion, and this is no ordinary day. Make no mistake: the decision made by News Corporation was not the decision it wanted to make. It may have been announced before this debate, but it would not have happened without it. […] The will of Parliament was clear, the will of the public was clear, and now Britain’s most powerful media owner has had to bend to that will.”

Speaking for the Government, the Leader of the House, Rt Hon Sir George Young, MP (Conservative), observed: “It was simply unrealistic to expect the public and politicians to separate all this from News Corporation’s proposed takeover of BSkyB. That is why both the Prime Minister and the Deputy Prime Minister were right when they said earlier this week that News Corporation should withdraw its bid.”

The House also heard from the former Prime Minister, Rt Hon. Gordon Brown, MP (Labour). He told the House of evidence he had received

Rt Hon. Gordon Brown, MP

relating to further instances of phone hacking and talked of his actions when in

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Government. He observed that the issue went far beyond the specific allegations relating to The News of the World: “History will also show that a press will not long remain free in any country unless it is also responsible. If the irresponsibility that has characterized News International is not to define the public view of the media as a

Rt Hon. Keith Vaz, MP

whole and if continued irresponsibility is not to force Parliament to take ever stronger measures to protect the public from the press, we will need far more than the closure of a newspaper one week and the withdrawal of a bid the next.”

The Liberal Democrat MP, Mr Simon Hughes, MP, made reference to a report by the Information Commissioner in 2006 that had found “31 newspapers and more than 300 journalists had been guilty of illegality”.

Alongside the debates in the Chamber, the issue also received considerable attention in two Select Committees. The Home Affairs Committee, chaired by the former minister Rt Hon. Keith Vaz, MP (Labour), took evidence on 14 July and again on 20 July from senior police officers who had been conducting inquiries. On 20 July it published a report that was highly critical of both News International and the

Metropolitan Police. The Committee concluded: “We are astounded at the length of time it has taken for News International to cooperate with the police but we are appalled that this is advanced as a reason for failing to mount a robust investigation. The failure of lawbreakers to cooperate with the police is a common state of affairs. Indeed, it might be argued that a failure to cooperate might offer good reason to intensify the investigations rather than being a reason for abandoning them.”

The report was particularly critical of Metropolitan Police Commissioner Sir Paul Stephenson and Assistant Commissioner John Yates, both of whom had resigned their posts a few days earlier.

The report also questioned the role of former Commissioner Andy Hayman, observing that “his role seems to have been merely to rubber-stamp what more junior officers did”.

Meanwhile, the Culture, Media and Sport Committee exercised its powers to formally summon Rupert Murdoch, Chairman and CEO of News Corporation, and James Murdoch, Chairman and CEO of News Corporation Europe and Asia, to appear before it on 19 July.

The Committee Chairman, Mr John Whittingdale, OBE MP, (Conservative), pressed James Murdoch over evidence that had been given to Committee in 2009 by News International and The News of the World suggesting that phone hacking had been limited to two people. Mr Whittingdale asked him whether any of those giving evidence had lied. Mr Murdoch replied: “The company relied on both the police having closed the investigation and repeated assertions that there was no new evidence for them to

reopen their investigation. The company relied on the PCC, which had had a report and had said that there was nothing more to this at the time. The company relied on the legal opinion of outside counsel... who...had issued a clear opinion that there was no additional illegality other than the two individuals involved before.”

Answering questions from Mr Tom Watson, MP (Labour), Rupert Murdoch said he was “absolutely shocked and appalled and ashamed when I heard about the Milly Dowler case, only two weeks ago”. In the opening exchanges of the hearing he described appearing before the Committee as “the most humble day of my life”.

The Conservative MP Ms Louise Mensch, MP, asked about similar actions at other newspapers and asked Rupert Murdoch whether he had considered resigning his position. He replied: “No… because I feel that people I trusted-I am not saying who, and I don’t know what levelhave let me down. I think that they behaved disgracefully and betrayed the company and me, and it is for them to pay.

Frankly, I think that I am the best person to clean this up.”

Also appearing was Ms Rebekah Brookes, who had been Editor of The News of the World at the time phone hacking had allegedly been taking place, and who had resigned her post as Chief Executive of News International a few days previously. She was questioned over her role in employing private detectives, the extent to which similar practices took place at other newspaper groups and the thoroughness of previous investigations at The News of the World.

The House rose on 19 July.

However, following the

evidence given at the above hearings, it was recalled the following day to allow the Prime Minister to make a further statement and a full debate on public confidence in the media and police.

During the statement, the Prime Minister set out further details of the judicial inquiry and the arrangements for continuing the police investigations following the resignations at the Metropolitan Police.

He defended his staff’s

Mr Tom Watson, MP

decision not to be briefed on the police investigation at an earlier stage and stressed that, whilst he regretted appointing Mr Coulson, in hindsight there had been no allegations about his work at Number 10.

In opening the debate, he said that the affair had shown Parliament at its best: “We have seen the true worth, for instance, of our Select Committees, with the forensic scrutiny of those in positions of power, in the public interest.….

“We have seen vigorous debate, with this House leading the public debate, finishing of course with News Corporation’s withdrawal of its bid to take over BSkyB, and we have seen cross-party support and action to get to the bottom of what happened and learn lessons for the future,” said the Prime Minister.

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SENATOR HOGG REELECTED AS PRESIDENT AFTER MAJORITY WIN The new Senate, following the federal election on 21 August 2010, met for the first time on 4 July 2011. New Sen.s elected at the election were sworn in by the Governor-General, H.E Ms Quentin Bryce, who performs this role under section 42 of the constitution. The next item of business was the election of President and Deputy President of the Senate. The previous President, Sen. the Hon. John Hogg, was renominated for the position of President in addition to Sen. Scott Ludlam who was nominated by the leader of the Australian Greens.

As there was more than one nominee a ballot was held with the result being 62 votes for Sen. Hogg and nine votes for Sen. Ludlam. Sen. Hogg took the Chair and thanked the Senate for his re-election and

Sen. Scott Ludlam

welcomed new Sen.s to their positions. In addition, Sen. Hogg congratulated the “Clerk and the officers of the Black 276 | The Parliamentarian | 2011: Issue Three

Sen. the Hon. John Hogg

Rod on the transition that has taken place from when the Senate last sat until now”.

The Leader of the Government in the Senate, Sen. the Hon. Chris Evans, congratulated Sen. Hogg. Sen. Evans commented that “I think the support you have received today reflects the fact that you are recognized for your fairness, your impartiality and your capacity to work with all sen.s for the benefit of the Senate and the Australian people”. Sen. Evans noted that while the Labor party did not support Sen. Ludlam “I do appreciate the contribution he has made, particularly when in the chair, and his light touch and patience are appreciated by all sen.s”. Sen. Evans reaffirmed the view that “we think that the process of having the Senate President as a representative from the government and the Deputy President being the nominee of the opposition has served the

Senate well and has provided for stability and the good functioning of the Senate”.

The Leader of the Opposition in the Senate, Sen. the Hon. Eric Abetz, congratulated Sen. Hogg and commented that “whilst we mutually test each other's patience from time to time, you do know that you have enjoyed our support in the past and you know that you enjoyed our support today in the ballot, and I assure you that you will continue to enjoy our support in the future”.

For the position of Deputy

Sen. Eric Abetz

President, the coalition nominated Sen. Stephen Parry and the Greens nominated Sen. Ludlam. Sen. Parry was elected 61 votes to Sen. Ludlam’s nine votes. Sen. Parry is a Liberal Sen. for Tasmania. He was first elected in 2004 and took his position in the Senate on 1 July 2005. Prior to election as Deputy President, he was Chief

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Opposition Whip in the Senate.

Sen. Evans commented that “I know he will be conscientious and effective in the role and will learn the skills of Deputy President, which involve impartiality and balance— things which one does not have to display as a whip!” Sen. Abetz commented that “I am sure that his former career as a policeman will assist him in

Hon. Julia Gillard, MP

enforcing the rules—and, just in case he does not succeed, his former role as an undertaker may come in even more helpful!”

Address by the Prime Minister of New Zealand On 20 June 2011 the Prime Minister of New Zealand, Rt Hon. John Key, MP, addressed Members of the House of Representatives and Senators who were assembled in the House of Representatives Chamber. The Senate Procedural Information Bulletin (SPIB) commented that “the occasion followed the nowcommon format of an address to the House to which sen.s were invited rather than a joint meeting of the two Houses”.

The SPIB noted that “irresolvable problems arising from the last joint meetings in 2003 and inquiries by both the Privileges and Procedure Committees led to the adoption of the current practice”.

The Prime Minister of

Australia, Hon. Julia Gillard, MP, commented that “today John Key stands among us as the first New Zealand Prime Minister to address the Australian Parliament— testament to the profound,

unique and enduring friendship between our two countries”. In noting the bond between Australian and New Zealanders, Ms Gillard commented that “we would have always felt deeply for the people of Christchurch

when that dreadful earthquake struck, but our empathy was only heightened by the rawness of our own wounds from the summer of disaster here”. The Leader of the Opposition, Hon Tony Abbott, MP, commented

THIRD READING: AUSTRALIA Autonomous Sanctions Act 2011 The Autonomous Sanctions Act is modelled on the Charter of the United Nations Act 1945. The legislation provides a framework for Australia to implement autonomous sanctions which may be applied to specific governments, individuals or entities, or specific goods and services that are responsible for or involved with, a situation of international concern.

The Minister for Foreign Affairs, Hon. Kevin Rudd, MP, explained that autonomous sanctions were “specifically targeted measures that are intended to apply pressure on regimes engaging in behaviour of serious international concern”. Mr Rudd noted that an example was “Iran’s persistent failure to abide by legally binding United Nations Security Council decisions and to provide the necessary cooperation to enable the International Atomic Energy Agency to confirm that its nuclear activities are solely for peaceful purposes is a consistent threat to international peace and security”. In response to this threat “members of the international community, including Australia, the United States, the European Union, Canada, Japan and the Republic of Korea have imposed autonomous sanctions to reinforce and supplement United Nations Security Council sanctions against Iran”.

Mr Rudd commented that “this recent concerted international action targeting Iran’s nuclear and missile programs demonstrates the urgent need to strengthen Australia’s autonomous sanctions regime by allowing greater flexibility in the range of measures Australia can implement, beyond those achievable under existing instruments”.

In relation to the Democratic People’s Republic of Korea, Mr Rudd stated that it “continues its belligerent behaviour in defiance of the United Nations Security Council resolutions adopted on 14 October 2006 and 12 June 2009”. Mr Rudd commented that “autonomous sanctions further augment pressures on regimes where Security

Council sanctions have been adopted, such as those with Iran and North Korea”.

The Deputy Leader of the Opposition, Hon. Julie Bishop, MP, advised that the coalition supports the Bill. She noted that “the Bill is designed to strengthen Australia’s autonomous sanctions regime by allowing greater flexibility in the range of measures Australia can implement beyond those achievable under existing instruments, thus ensuring Australia’s autonomous sanctions can match the scope and extent of measures implemented by likeminded states”. Ms Bishop noted that while Australia has not been a huge user of autonomous sanctions, “the coalition believes that autonomous sanctions can, in appropriate circumstances, play an important role in sending clear messages to regimes or countries that their behaviour is unacceptable to the norms of our regions”.

Ms Bishop further commented that while sanctions are not the only solution to every international situation, “they are one of the ways in which the international community can show solidarity with countries where some have adopted behaviour that threatens to undermine stability or threatens their neighbours and beyond”.

Ms Bishop noted that autonomous sanctions imposed by Australia are in force against Zimbabwe, Burma, North Korea, Iraq, the former Federal Republic of Yugoslavia and Fiji, and they range from financial sanctions to travel restrictions, and the suspension of government-to-government links. Ms Bishop pointed out that while we must trust that targeted sanctions can work to bring about change, such sanctions can create a dilemma as “they can inflict damage on the target country’s population to the point where the moral or humanitarian implications of the sanctions can raise concerns”.

She concluded, however, that “historically it is fair to say that sanctions have played an important role in effecting the behaviour of many governments or regimes around the world”.

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that “it is a rare honour to address a joint sitting of the Australian Parliament, and we are very happy to extend it to you as Prime Minister of our nearest neighbour and closest friend”.

Mr Abbott also noted the strong and enduring bonds between the two countries which was recently demonstrated when Christchurch was hit by a

devastating earthquake. Mr Abbott noted that “we were only too happy to send the best of our emergency services personnel to help”.

Prime Minister Key noted his appreciation for the opportunity to address the Australian Parliament.

He commented that “in recent times you have shown New Zealand a degree of loyalty and support that only

family can, and for that we are truly grateful. When an explosion ripped through the Pike River mine in November last year, you sent your specialists, your experts, your machinery and your hope. You did all you could to help us bring those 29 brave men home alive. And, when they died, you grieved with us, not only for the two Australians but for all of them”. In relation to the

THIRD READING: AUSTRALIA Tertiary Education Quality and Standards Agency Act 2011 The legislation establishes the Tertiary Education Quality and Standards Agency, or TEQSA, as a single national regulatory and quality assurance agency for higher education. The Minister for Tertiary Education, Skills, Jobs and Workplace Relations, Sen. the Hon. Chris Evans, commented that “the transformation of our higher education system is central to achieving our vision of a stronger and fairer country”. He stated that “at the centre of the reforms is the move to a demanddriven approach in which funding for undergraduate student places will be based on student demand”.

In relation to TEQSA, Sen. Evans commented that it “will require institutions to meet or exceed threshold standards in order to be registered to deliver higher education in Australia”. TEQSA “will replace the current state and territory based systems of registration and course accreditation and, in doing so, reduce the number of federal, state and territory regulatory and quality assurance bodies from nine to one. In particular, TEQSA will have the power to take enforcement action to address quality issues, where it is necessary to do so”.

Sen. Evans noted that “in performing its functions, TEQSA will be required to consult with the relevant state or territory Minister responsible for tertiary education before taking certain actions against providers who operate in the category which permits the use of the word ‘university’”.

The Shadow Minister for Universities and

278 | The Parliamentarian | 2011: Issue Three

Research, Sen.Brett Mason, commented that the legislation “is important because it seeks to ensure the quality of all Australian higher education providers as the sector embraces a period of very rapid expansion”. Sen. Mason noted that the initial draft Bill was substandard but the government, to its credit, undertook consultation to improve the quality of the legislation. In addition, a Senate committee inquiry followed which made eight key recommendations at improving the Bill which were all accepted. Sen. Mason commented that “the threshold issue for gaining the coalition support was the recognition of universities' right of self accreditation—that is, the right of universities to accredit the courses they teach without having to seek the approval of government”.

While Sen. Mason indicated that the coalition would support the legislation he sounded a note of caution about the government’s record of implementation which “has always been the Achilles heel of both the Rudd government and the Gillard government”.

Sen. Mason stated that “in the area of education one can name one program after another— Building the Education Revolution, Computers in Schools, Fibre Connections to Schools, trade training centres, Indigenous children family centres, Indigenous residential colleges—which read like an encyclopaedia of government failure”.

He further commented that “there are no costbenefit analyses done and no mechanisms are put in place to properly supervise the implementation and oversee the expenditure of taxpayers' money by other parties—and often by state governments”.

earthquake that struck Christchurch in February, Mr Key stated that “you came to our aid immediately,

Rt Hon. John Key, MP

unreservedly and with open hearts. From the financial and practical support of the federal and state governments through to the donations of corporate Australia and the heroic acts of individual Australians, your deeds struck a deep chord with the people of Christchurch”. Mr Key commented that “members and sen.s of this Parliament should know that New Zealand will never hesitate to reciprocate this support”. Mr Key stated that “when we saw the devastation caused by the Victorian bushfires and we saw the carnage wreaked by the Queensland floods and Cyclone Yasi, our people felt your pain as only family can. We came to you then and we will come to you whenever we may be needed again”.

During his speech Mr Key touched on the enduring history between the two countries and the shared ideals of increased prosperity and security. He concluded that “New Zealand feels lucky to have Australia as our neighbour. We enjoy our competitive rivalry, but when faced with challenge or opportunity we could wish for no better partner”.

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INDIA

THIRD READING: INDIA The Energy Conservation (Amendment) Bill, 2010 The Energy Conservation Act, 2001 was enacted, in March, 2002, to provide for efficient use of energy and its conservation and for the matters connected therewith or incidental thereto. The said Act provides for statutory measures to establish statutory authority by the name of Bureau of Energy Efficiency (Bureau) and conferred upon the Central Government, State Government and the Bureau certain powers to enforce the said measures for efficient use of energy and its conservation.

The measure also provides for the legal framework and institutional arrangements for embarking on an energy efficiency drive, which, inter-alia, includes to establish the Bureau by merging existing Energy Management Centre to effectively co-ordinate with designated consumers and agencies for performing such functions and exercise such powers which may be necessary for efficient use of energy and its conservation.

The efficient use of energy and its conservation had been engaging the attention of the Government of India for quite some time. As a measure to provide for efficient use of energy and its conservation, the Energy Conservation Act, 2001 was enacted and the Bureau of Energy Efficiency under the said Act had been taking measures for conservation of energy. This Act was enacted as an enabling in nature so as to provide for more measures from a future date after infrastructure and institutional mechanism are set in place.

A need had been felt to make more provisions in the aforesaid Act to undertake effective measures for conservation of energy.

The Government accordingly brought forward the Energy Conservation (Amendment) Bill, 2010. Features of the Bill included: •

The Bureau of Energy Efficiency hereinafter referred to as Bureau was empowered to appoint its officers and employees instead of by the Central Government as was being done hereto before; and

During the discussion, the Minister-in-Charge while piloting the Amending Bill inter-alia observed that the Prime Minister of India released the National Action Plan on climate change on 30 June, 2008 which recognized the need to maintain a high growth rate for increasing living standards of the vast majority of people and reducing their vulnerability to the impact of climate change.

The Act provided for establishment of a statutory authority, the Bureau of Energy Efficiency and key thrust of the Bureau was to reduce overall power consumption and indirectly, to reduce peak demand. The Bill met with unanimous approval of members of both Houses of Parliament.

The Amending Bill was passed by Lok Sabha on 4 May 2010 and

by Rajya Sabha on 17 August 2010. The Bill as passed by both Houses of Parliament was assented to by the President of India on 24 August 2010.

The Foreign Trade (Development and Regulation) Amendment Bill, 2009 The Foreign Trade (Development and Regulation) Act, 1992 was enacted to provide for the development and regulation of foreign trade by facilitating imports into and augmenting exports from India and for matters connected therewith or incidental thereto.

Since the enactment of the Foreign Trade (Development and Regulation) Act, 1992, the Government felt that certain requirements had developed necessitating amendments to the said Act. These included: statutory provision for safeguard measures enabling imposition of Quantitative Restrictions (QRs); and bringing in tighter export or trade control in the case of dual-use goods and related technologies and providing enabling provisions for establishing controls as in the Weapon of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.

The government took a considered view that the proposed amendments would enable the government to impose quantitative restrictions as a safeguard measure to provide the domestic industry a level playing field, in case a surge in imports led to, or threatened to seriously injure domestic industry. The provision of notifying all restrictions on imports and exports through the Foreign Trade Policy would ensure that all such information was available at one place therefore ensuring conformity with India’s commitments to WTO. The power of review would ensure transparency and public accountability in the system. The amendments would also ensure that trade in sensitive technologies was regulated, additional modes for recovery of penalty were available and India’s growing trade in services was facilitated.

Accordingly the Government brought forward the Foreign Trade (Development and Regulation) Amendment Bill, 2009.

Salient features of the Amending Bill included: •

The existing Section 50 of the Principal Act was replaced by a new Section empowering Central Government to formulate and announce, by notification in the official gazette, the foreign trade policy.

Finally the Amending Act inserted a new Chapter-IVA regarding “Controls on Export of specified goods, services and technology”, detailed provisions were laid down with regard to controls on export of specified goods, services and technology, transfer of controls, suspension or cancellation of a license and provisions with regard to offences and penalties.

The Amending Bill was passed by Rajya Sabha on 9 August 2010 and by the Lok Sabha on 12 August 2010. The Bill as passed by both Houses of Parliament was assented to by the President of India on 19 August 2010.

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