The Parliamentarian 2013 Issue Four - 59th Commonwealth Parliamentary Conference

TheParliamentarian Journal of the Parliaments of the Commonwealth

2013 | Issue Four XCIV | Price £13

59th CPC:

Effective Solutions to Commonwealth Developmental Challenges PLUS Making a commitment to representative parliamentary democracy

Separation of powers and good governance PAGE 278

Women Parliamentarians and social media

The future of the Commonwealth PAGE 302

PAGE 290

PAGE 250

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Calendar of Events 2014 February 26-8

CPA/ComSec Africa Regional Human Rights Seminar, Seychelles

March 8

Commonwealth celebration of International Women’s Day

10

Commonwealth Day

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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59 COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa 28 August - 6 September 2013 TH

“Effective Solutions to Commonwealth Developmental Challenges’”

The 59th annual Conference of the Commonwealth Parliamentary Association (CPA), hosted by the Parliament of South Africa, put forward policy alternatives to resolve global problems. More than 400 Members and officials considered solutions to issues affecting the close to 150 Parliaments and Legislatures of Commonwealth nations, states, provinces and territories which were represented in South Africa.

The conference also included: the two-day 33rd Small Branches Conference, the Commonwealth Women Parliamentarians Conference and meeting of their Steering Committee, 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 and from the Small Branches and CWP discussions, along with the opening ceremony speeches and the addresses to delegates by the CPA and Commonwealth Secretaries-General.

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CONTENTS

2013: ISSUE FOUR 258

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Journal of the Parliaments of the Commonwealth Vol. XCIV 2013: Issue Four ISSN 0031-2282 Issued by the Secretariat of the Commonwealth Parliamentary Association, Suite 700, Westminster House, 7 Millbank, London SWIP 3JA, United Kingdom Tel: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 Email: hq.sec@cpahq.org www.cpahq.org Publisher: Dr William F. Shija Secretary-General Acting Editor and Designer: Lisa Leaño Front cover Collage of photographs taken from the 59th CPC in South Africa.

COMMENT

59th COMMONWEALTH JOHANNESBURG,

Inside Issues

First Plenary:

Workshop D:

Making a commitment to representative parliamentary democracy Page 250

Workshop E:

Remembering a legend Page 236

View from the Chair

Using the Charter as a blueprint for action Page 238

View from the CWP

The fire for increased women participation in politics should only burn farther Page 240

View from the Secretary-General

Public health and Parliament Page 242

Printed in: England by Warners Midlands, PLC; New Delhi by Jainco Art India, and Singapore by Times Printers Private Limited

Democracy and development in the context of the Commonwealth Charter and achieving the Millennium Development Goals Page 246

Workshop A:

Land access and ownership: progress and challenges experienced by rural communities in accessing land. What could be the role and intervention of Parliamentarians?

Page 254

Workshop B:

Should there be parliamentary intervention in the informal economy and entrepreneurship sectors?

Page 258

Workshop C:

Challenges of attaining the Millennium Development Goals by 2015 Page 262

Inequitable resource sharing: a threat to democractic governance Page 266

Role of Parliamentarians in transfer of technology and research to boost agricultural productivity Page 270

Workshop F:

Governing democratically in a tech-empowered world: deepening partnerships between Parliaments and parliamentary monitoring organisations (PMOs) Page 274

Workshop G:

Separation of powers and good governance Page 278

Workshop H:

Policy solutions for caring for an ageing population Page 282

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304

312

CONFERENCE SOUTH AFRICA COMMONWEALTH WOMEN PARLIAMENTARIANS CONFERENCE: Session one:

Increasing women’s political participation: leadership, electoral campaign systems and campaign funding Page 286

Session two:

Women Parliamentarians and social media Page 290

Session three:

Informal economy and entrepreneurship Page 294

Session four:

Women, poverty and homelessness Page 298

33rd SMALL BRANCHES CONFERENCE: Session one:

Separation of powers and good governance in Small States Page 312

Session two:

Is education meeting local employment needs in Small States?

Page 316

Session three:

NEWS Parliamentary news:

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

Page 333

Final Plenary:

A parliamentary response to the Commonwealth Charter Page 328

Opening Ceremony

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UK: 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.

Page 304

Self-determination, selfsufficiency and self-governance Page 320

Session four:

Ensuring technical and legislative capacity for ethical tax raising in Small States Page 324

Youth Parliamentarians: The future of the Commonwealth Page 302

Promoting sustainable forest management

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INSIDE ISSUES

Remembering a legend

The Acting Editor’s note

The fifth December 2013 will forever be marked as the day the world lost one of its greatest leaders. In spite of his age and ailing health, the world prayed and waited in hope that South Africa’s first black President would recover.

I happened to be scrolling through my Twitter feed when the news broke of his passing. While I joined the many thousands conveying condolences, several hashtags including #RIPNelsonMandela and #NelsonMandela quickly became the top trending searches.

By the following morning, the global response had matched the sentiments expressed via all platforms of social media.

Nelson Rolihlahla Mandela, ‘Madiba’ or ‘Tata’ as he was fondly called by many South Africans was not only a father of his country, but a figure of incredible courage, humility and strength for countless other people around the world. His lengthy and arduous struggle for equality for all South Africans changed the path for all his countrymen; his capacity for compassion and understanding was

a quality admired by many. As people flocked to respective South African consulates to pay their respects to the great man, I too joined the crowds at South Africa House in Trafalgar Square in London, U.K. The long line of people waiting to sign the book of condolences was indeed a rainbow of every colour and creed imaginable – a fitting example to seal Mandela’s legacy.

The struggle of Nelson Mandela’s journey is now well documented, but several facts I hadn’t been aware of until recently only reinforced his “legend” status.

• Nelson Mandela was a strong advocate of women’s rights, drawing up a constitution in order to protect them from discrimination, domestic violence and rape; • During the time spent in Robben Island, the number of hours spent on physical backbreaking work left him with permanent eye damage; • He refused the offer of being released six times during imprisonment on the island, asking “What freedom am I being offered while the organiza-

tion of the people (African National Congress) remains banned? Only free men can negotiate. A prisoner cannot enter into contracts.”

While he was far from perfect – which he never claimed to be – his passion and belief in equality and a peaceful South Africa never once faltered. His story is testament that each and every one of us can make a good change in our lifetime if our will and belief is strong enough.

It is fitting then that this issue of The Parliamentarian contains the reports and speeches from the 59th Commonwealth Parliamentary Conference in Johannesburg.

Despite three months having passed since I attended the conference, my memories of the country and the many wonderfully warm and charismatic South Africans I encountered lives on. The scope of Nelson Mandela’s influence on the people could be heard every time someone would quote the great man.

It was an experience I’m truly grateful to have witnessed first hand.

Over 400 participants from

approximately 175 Parliaments and Legislatures around the Commonwealth, came together to discuss issues on the theme of “Effective Solutions to Commonwealth Developmental Challenges”. The President of the Republic of South Africa, H.E. Jacob Zuma, delivered a poignant and pertinent address at the opening of the conference, speaking about 20 years of freedom and the values outlined in the Commonwealth Charter.

The Summary Reports of the 59th Commonwealth Parliamentary Conference, the 33rd Small Branches Conference and the Commonwealth Women Parliamentarians Conference are published in this issue.

We also publish the Opening Ceremony speeches of the CPA President , Hon. Mninwa Johannes Mahlangu, MP, Chairperson of the South African National Council of Provinces, and 2014 CPA Vice-President, Hon. Cavayé Yéguié Djibril, MP, of Cameroon. It also includes speeches

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INSIDE ISSUES

Nelson Mandela’s legacy will be remembered long after his passing

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

Major addresses to plenary conference delegates by CPA Secretary-General Dr William F. Shija and Commonwealth SecretaryGeneral H.E. Kamalesh Sharma are published here in full, followed by a summary of the short question period that followed.

The plenary conference, held in the Sandton Convention Centre and attended by more than 600 Parliamentarians and parliamentary

officials, was chaired by Mr Mahlangu.

Issue Four also features the first View from the new Chairperson of the Commonwealth Women Parliamentarians, (CWP) Rt Hon. Rebecca Kadaga, MP, of Uganda.

Ms Kadaga was elected by fellow female delegates at the conference in Johannesburg.

A Lawyer by profession, Ms Kadaga holds a Masters Degree and is the Speaker of Parliament of Uganda, the third highest position in the National Leadership of the country. She was the Deputy Speaker of Parliament of Uganda from 2001

to 2011.

She has been the Vice Chairperson of the CWP (International) as well as Executive Committee Member of the InterParliamentary Union Assembly representing Africa. She has been the Chairperson of Commonwealth Women Parliamentarian Africa Region where she is spearheading a campaign of engaging leaders of political parties to appreciate the value of increasing the number of women in high positions of leadership.

Finally, we are indebted to the members of staff from the Parliament

of South Africa that helped facilitate some of the sessions, as well as the rapporteurs that were sourced to provide the summaries and reports from the meetings.

A special thank you is extended to the Clerk of the Parliament, Mr Michael Coetzee and his team for their exemplary organization of the conference.

The Parliament of South Africa successfully staged a Commonwealth parliamentary forum that was a fruitful platform for the exchange of ideas for Members throughout the Commonwealth.

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VIEW FROM THE CHAIR

using the charter as a blueprint for action

Charter should not be lost.

Having had time to reflect on the 59th Commonwealth Parliamentary Some major governance decisions were taken during CPC and a number Conference (CPC) I am pleased to celebrate the successes and of new initiatives launched. The CPA’s 2013-2015 Business Plan was achievements of the meeting. adopted; the Executive Committee agreed to consult Small Branches as to I would like to express my gratitude to Hon. Chairperson Mninwa whether a Small Branches Representative should be elected to sit on the Johannes Mahlangu, MP, for hosting this year’s conference. I thoroughly Committee; members were invited to complete an online survey relating to enjoyed visiting South Africa again and found the conference facilities CPA programmes and the Parliamentarians Mentoring provided to be of the highest standard.

Scheme was officially launched.

The conference team should be commended The issue of status of the Association was further for their helpful and proactive attitude towards discussed and I have now written to each Commonwealth the organisation of the complex and challenging Head of Government to seek their views on a proposed programme of meetings. I was delighted to be change to the status of the Association. welcomed so warmly to Johannesburg and was I was delighted to be invited to attend the pleased that so many colleagues were able to attend Commonwealth Heads of Government Meeting in this year.

November as part of the CPA delegation.

Our conference theme this year was ‘Effective The delegation included Hon. Ronald Kiandee, MP, Solutions to Commonwealth Development Challenges’. and Hon. Speaker Rebecca Kadaga, MP, respectively A personal highlight was the opportunity to attend so the newly elected Vice Chairperson of the Executive many informative and timely workshops relating to the Committee and CWP Chairperson. We had the contribution Parliamentarians in particular can make to Rt Hon. Sir Alan Haselhurst, opportunity to meet with Commonwealth Foreign pressing global concerns.

MP Ministers to discuss the CPA’s work and programmes Delegates and experts had the opportunity to debate Chairperson of the CPA and I was pleased to be able to promote the new initiatives and seek consensus on issues such as the challenges Executive Committee launched in Johannesburg. I will go into more detail in the of attaining the Millennium Development Goals by next Issue.

2015; Inequitable Resource-Sharing and Governing As we celebrate the successes and achievements of CPC 2013, we Democratically in a Tech-Empowered World. As part of the overarching theme of can look to CPC 2014 with enthusiasm and excitement. I am delighted that the conference, the final plenary examined the ‘Parliamentary Response to the Cameroon will host CPC 2014 in Yaoundé and look forward to working Commonwealth Charter’. closely with the distinguished Speaker of the Cameroon National Assembly, Speakers at the final plenary presented their views on the Charter and Hon. Cavayé Yéguié Djibril who has been speaker of the National Assembly delegates agreed that it was a “blueprint for action” and a document which since 1992. “empowers us as Parliamentarians to challenge our Governments if they fail to I also look forward to working with the Deputy Speaker, Hon. Emilia uphold its values”.

Monjowa Lifaka, MP, who has represented Cameroon at many previous The clause relating to gender equality was celebrated, as was the CPA meetings. inclusion of so many highly topical issues such as climate change and the 2014 will undoubtedly bring further opportunities for colleagues to important role young people have to play in the Commonwealth today. work together through the CPA. I look forward to hearing about the new It was further noted that the Charter should be used to enhance relationships formed through the Parliamentarians Mentoring Programme discussions on issues such as women’s rights, education, economic and thoughts and suggestions received from members through the inequalities, sexual orientation, HIV and the progress of the Millennium Members Survey. I wish all my colleagues and friends health and happiness Development Goals (MDGs). It was recognized that although there were for the coming year. differences of opinion on particular issues, the overall importance of the 238 | The Parliamentarian | 2013: Issue Four

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The Chairperson of the CPA pictured with the Deputy Speaker of Cameroon, Hon. Emilia Monjowa Lifaka, MP, (left) and Hon. Beatrice Shellukindo, MP, Tanzania (right) in Johannesburg; Below: HRH Prince Charles addressing participants at the Commonwealth Heads of Government Meeting in Colombo in November.

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The fire for increased women participation in politics should only burn farther ensure that policies work in favor of women and that means that development Zimbabwean writer Ms Tsitsi Dangamermbga wrote: across our respective countries will be in the right direction.

“This business of womanhood is a heavy burden...How could it not be?

On top of planning how to exemplify the female Aren’t we the ones who bear children? When it is like that leadership in the countries that are already making positive you can’t just decide today I want to do this, tomorrow I developments, we need to also work together and tirelessly want to do that, the next day I want to be educated! When plan with speed and urgency to help each other and the there are sacrifices to be made, you are the one who has to rest of the world appreciate the role of women in political make them.” Excerpt from Nervous Conditions leadership.

These days it is worse, she noted, “with the poverty of An individual alone cannot do the work and efforts blackness on one side and the weight of womanhood on required of the CWP. We need concerted effort to be able the other. Aiwa!” to cause change in all the Chapters in the nine regions, and I base my first view for The Parliamentarian on Ms we can only cause this change by adhering to our Strategic Dangamermbga’s approach to the question of women Plan. and the need for a better place for women across the We must work collectively to reform the electoral systems world. You can call it a project. You can call it a plan. You that do not favor women during elections. We must develop can also call it a resolution. and implement funding frameworks for women politicians What we all agree with is that it is one of the Rt Hon. Rebecca Kadaga, MP in our chapters, and we must work to secure adequate most important and most foresighted moves the Chairperson of the representation of women in our Parliaments. We must also Commonwealth Women Parliamentarians (CWP) has Commonwealth Women ignited – the push to increase the number of women in Parliamentarians and Speaker increase the opportunities for women to access capital, assets, markets, education, health care and leadership at all political participation in all member states. of the Parliament of Uganda levels.

Whenever we meet, women leaders keep reporting One of the mechanisms that have worked is the use of progress. Others report about obstacles they face and ask quota systems where, through affirmative action, women are for help from fellow women across the membership. assured of a certain number of seats.

The CWP has always responded to those asking It is my conviction that we should now work towards ensuring that the quota for help with zeal and to those who report success with more encouragement. system, which remains the single most effective legal framework for increasing We have held conferences in different countries and we keep hearing positive women participation in decision-making is promoted among the poorly developments. performing states of the CPA. In Kenya, the situation changed after the 2011 meeting, where the number Parliaments have the power to pass electoral laws and enact affirmative of female representation went from an unimpressive 20 women to now more action measures that can overturn longstanding gender inequalities. Elections, than 30 including a female deputy speaker. too, therefore offer an important opportunity for women to move into the spaces The CWP is a forum that offers us an opportunity to exchange ideas on that have opened up for them. policies and strategies that have worked and resulted in increased women If we keep putting faith in women, if we respect peace and love, if we embrace participation in political leadership in some of our countries. Through this same democracy; friends, we will live true to Kwame Nkrumah’s slogan of “forward forum, we must work to ensure that we help those countries that are still below ever, backward never”. the 30 per cent UN goal achieve the target mark and further help those who During the tenth Commonwealth Women’s Affairs Ministers Meeting have achieved it reach the 50/50 parity benchmark.

(10WAMM), I presented a paper entitled “Women’s political leadership in East The call I have always made and will continue making is that we should only Africa” making specific reference to Uganda. increase the push to have women in more positions of responsibility. This is the I premised my presentation chronologically on tracking the progress made by only way we will be able to cause the institutional and ideological caprice and 240 | The Parliamentarian | 2013: Issue Four

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leaders in the Commonwealth countries and more specifically the The new Chairperson of the CWP women of Bangladesh. speaking to delegates following her election win in Johannesburg.

When I met with my counterpart the Speaker of the Parliament of Bangladesh, Hon. Shirin Sharmin Chaudhury, I commended the Bangladesh Government for the promotion of women interests through the Project Joyeeta, a dedicated business platform that supports and facilitates women entrepreneurs at grass-roots level to showcase and market their own products and services.

There is a need to address the plight of rural women as governments across the globe implement gender equality programmes.

Although most African countriesespecially in west Africa, central Africa and even in the East have not reached greater heights in respect to female political leadership, South Africa, is now leading the fight for women’s cause in political leadership and responsibility after failing to hit the 30 per cent Beijing declaration target.

According to records at the InterParliamentary Union (IPU) Secretariat, South Africa have 42.3 per cent female representation in the Lower House and an additional 32.1 per cent in the Upper House. This is a sign of where all Parliaments should be heading.

By increasing female representation, especially in positions of influence, this will give women an opportunity to provide leadership and participate in decision-making processes.

I underscore the need to focus not only on increasing the number of women in government, but also on women’s effectiveness in political positions and their impact on decisionmaking.

The reasoning was that simply having females in the appropriate positions did not necessarily equate to improving women’s lives.

Women in politics need to negotiate a variety of possible obstacles that may hinder the promotion of women’s interests. Only when this is done, we can be assured that during this century, when the women’s star is high and Uganda in advancing women’s political leadership. I also briefly highlighted the sweeping across the globe, we, the Commonwealth Women Parliamentarians, experiences of other East African Countries such as Kenya, Tanzania, Rwanda will have consolidated ourselves in pushing for the interests of the women across and Burundi in women’s political participation. the world.

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VIEW FROM THE SECRETARY-GENERAL

Public Health and Parliament One of the major public policy challenges in the past two decades has been that of public health. Since the 1990s, governments and legislators have debated extensively on how to enable ordinary people to access health facilities, how to apportion annual budgets for health services, and how to regulate the health industry for the benefit of the majority. In 1990, the international community came up with eight Millennium Development Goals (MDGs), three of which were dedicated to public health issues. These were: reducing child mortality; improving maternal health; and combatting HIV/AIDS, malaria and other diseases.

Historically, the development of public policy has largely depended on what and how governments decide to extend services to the people. In democratic societies, it is expected that the people’s representatives will always promote policies to improve the welfare of the majority of the citizens. This means, using the health sector as an

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

example, that the policy framework to maximize people’s welfare would require careful legislation regarding the health practitioners (doctors, nurses, pharmacists, etc.); health infrastructure (hospital buildings, machinery); health financing; and health delivery systems (maternal, children, elderly, referral). At international levels, these health policy characteristics have enabled the world community to pull together human, scientific and other resources to combat the effects of Tuberculosis (TB), Smallpox, Leprosy and other major epidemics. I believe that it is the same policy concerns which led the current U.S. administration to develop what is now known as “Obamacare”.

In this view, I am drawing up the attention of legislators to be highly vigilant in shaping health policy because, besides education, health is a highly essential and personal need that individuals largely rely on others for survival. With regard to health practitioners, Parliamentarians are constantly

The Secretary-General’s

Dr William F. Shija presenting a gift to Deputy Mike O’Hara of Guernsey (right).

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therefore ensure the establishment of health centres to cater for frequently called upon to consider policies to enable doctors, nurses and other health reported (infectious) diseases. In several developing Commonwealth countries personnel to work effectively, with sufficient remuneration. This is often not easy such as Tanzania and Kenya, this policy has made a great difference in the health and straightforward. In some countries, health practitioners may demand to be delivery to communities which otherwise were non-existent during colonial paid highly for their services, sometimes inconsistent with the country’s Gross times, and yet traditional health remedies were discouraged or banned. I plead Domestic Product (GDP). Some of such demands, if not carefully considered that Parliamentarians should continue to shape the policy decisions that lead and negotiated, may lead to polarized health systems. To improve the wage to capital expenditure on properties that would facilitate easy access to health constraints desired by doctors, nurses and other health practitioners, some services, especially governments are for maternal, known to have children and elderly allowed them to care. work in both public The third policy and private clinics; consideration for a policy option health delivery which is without is financing. risk to public Usually, almost health. In general, all governments health policy and Parliaments framers should in the world have guard against to make difficult practitioners’ choices on how demands that may to finance various cause divisions in sectors of the how the general economy. Under public accesses many people’s healthcare.

Reducing child mortality rates is still a major public health issue in many developing countries needs but limited The second resources, the decisions on priorities are often rigorous. It is my view, however, aspect of health policy concerns is with regard to health infrastructure. This that Parliamentarians should fight for the development of an overall strong health involves decisions to construct hospital buildings and the acquisition of hospital infrastructure, with sufficient funding for the training of doctors, nurses and other equipment. health personnel.

The policy development of this infrastructure is usually predicated by the need Parliamentarians should therefore always exert their influence for a good to bring health services closer to the people. Good health policymakers would

Commonwealth gallery

The CPA SecretaryGeneral (right) greeting Lord John Sharkey (left).

Pictured with Mr Bernie Bush, MLA, (lef) and Hon. William McKeeva Bush, JP, MLA, (right) from the Cayman Islands

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percentage of the budget to be agreed, year after year, to ensure that the health sector grows commensurate with the population.

The fourth and last consideration regarding health policy is health delivery.

This ranges from basic health education in schools, maternal education and services, childbirth, mobile health clinics, to specialized and referral medical care.

Tremendous efforts and achievements have been made over the past 50 years in all of these areas particularly from the perspective of developing countries.

I am delighted to note that former and current Parliamentarians in Commonwealth countries have shared a lot of policy knowledge and information for health delivery.

The training of medical personnel, exchange in medical specialists and

research findings, make the Commonwealth family a health reference force to be reckoned with in the global community. Parliamentarians need to strengthen the spirit of this exchange – for example, the exchange and referral services currently taking place between African and Indian medical practitioners – to improve their national and local health services.

I wish to further suggest that there are two areas that require further investigation and action of Parliamentarians; that is, public complaints against medical personnel and the unprofessional drug distribution. In the area of public complaints, media reports show the existence of a sizeable percentage of unethical doctors, nurses and other attendants who mistreat patients.

The complaints seem to affect hospitalized expectant mothers, the elderly,

The Secretary-General’s The group of participants from the Post-Election Seminar in the Cayman Islands, November 2013.

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and the handicapped. The existence of these complaints may mean that further policy options need to be developed with regard to the causes of unethical behaviour in hospitals and clinics.

Parliamentarians need to visit hospitals and clinics to listen to patients and their carers to learn the root causes of patients’ complaints.

To me, this is one of the important

areas of health policy that requires consistent follow up.

The second source of public complaints is with regard to the distribution of drugs. In many developing countries, the drug industry is still highly unregulated and unsupervised. Pharmacies and shops appear to sell drugs unprofessionally; in some cases, expired or prescription drugs are sold

from the counter to ignorant and unsuspecting customers. I suggest that Parliamentarians, especially from developing countries of the Commonwealth, should seriously re-examine the drug industry, enacting where necessary new legislation to contain the negative effects on the population.

I also believe that further parliamentary oversight is needed to

curb corrupt practices surrounding the drug industry in several countries.

I therefore wish to urge Parliamentarians in both developed and developing countries, whether under ruling or opposition political parties, to find common policy grounds to sustain the monitoring of their national health services so as to benefit the entire population, rich or poor.

Commonwealth gallery Ms Meenakshi Dhar (left) and Mr Joe Omorodion (far right), pictured with the Speaker of British Columbia Legislative Assembly, Ms Linda Reid, (centre) the Sergeant-at-Arms, Mr Gary Lenz, (second left) and the Clerk, Mr Craig James (second right).

Participants from the Royal Institution of Public Administration (RIPA) meeting with the SecretaryGeneral at the CPA Secretariat.

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PLENARY SESSION - COMMONWEALTH MATTERS 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Plenary Session - 2 September 2013

Democracy and development in the context of the commonwealth charter and achieving the millennium development goals Speech by the CPA Secretary-General, Dr William F. Shija

It is an honour and privilege to be with you at this 59th and historical Commonwealth Parliamentary Conference here in Johannesburg, South Africa. Graced once again by the presence of the Commonwealth Secretary-General, His Excellency Mr Kamalesh Sharma, the conference is historical as it is the first time the real democratic South Africa is hosting this major Commonwealth Parliamentary event, although the country was among the six founding members of the Association in 1911, at that time known as the Empire Parliamentary Association.

I therefore join you, Mr President, in welcoming all the delegates to Johannesburg as guests of your host branch at this important conference.

I thank you for the hospitality, facilities and arrangements.

I join all delegates in expressing our best wishes for a quick and full recovery of the former President and Statesman of South Africa and icon

of African democracy and peace, His Excellency Nelson Mandela “Madiba”.

Secondly, I wish to thank Her Majesty The Queen, the Patron of the Association, for the very thoughtful and encouraging message to all the delegates, wishing this Conference the very best in its deliberations.

I join you and all the delegates in thanking the Guest of Honour, H.E Jacob Zuma, President of Republic of South Africa, for gracing the opening of this conference. I believe that his thoughtful remarks will highly inspire and enrich the conference discussions, leading to useful deliberations.

I wish to honourably salute all South Africans for their determination to utilize the wise leadership available to build a new society, moving from the ferocious and racial “apartheid” system, to a universally determined democratic society.

The liberation struggle was

galvanized by leaders in Africa and elsewhere in the world, to stamp out apartheid, as the last social scourge in the world. I recall the call by Kwame Nkrumah first President of Ghana, who, in the early 1960s, called for all Africans to unite in the liberation of the rest of Africa, including the stamping out of the apartheid system in South Africa. The creation of the Southern Africa Liberation Committee, for the struggle in Zimbabwe, Mozambique, Namibia, and South Africa, led to the formation later on, of the presentday Southern African Development Community (SADC).

My colleagues in Africa will recall how there came to be constant security threats in the 1970s and 1980s from the apartheid regime in South Africa because some countries were perceived to be homes to exiled members of the African National Congress (ANC) and the Pan African Congress (PAC). Now, it is very satisfying to note that South Africans

have acknowledged the wonderful support they received from within Africa and other countries in the world to defeat the apartheid system.

With this history in mind, I wish to take this opportunity to recognize the presence of our partners, in particular, the professional resource persons who have accepted our invitation to make presentations at our plenary and workshop sessions.

As I said during the opening of the Small Branches Conference, having received the Working Party Report in Sri Lanka last year, the General Assembly agreed to “transform the results of conference discussions into more precisely worded statements of the Commonwealth Parliamentary Association opinion”, as expressed by conference delegates. The 59th Commonwealth Parliamentary Conference here in South Africa will therefore be the first to come up with the 2013 Commonwealth Parliamentary

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PLENARY SESSION - COMMONWEALTH MATTERS

The Secretary-General of the CPA, Dr William F. Shija, speaking to delegates during the Plenary Session.

Conference Concluding Statement.

To achieve this goal, each of your Discussion Leaders is to submit one recommendation of up to 25 words on the main point of his or her presentation. The recommendation is not amendable by either the Discussion Leader or you, in order that your discussions can continue to focus on the issues themselves and not to become bogged down in arguments over the meaning of words.

At the conclusion of each session of the conference, the moderator will ask you if there is a consensus on each recommendation. If there is a consensus in favour of each recommendation, it will be “endorsed”. If however there is no consensus, the recommendation will be ‘noted’. The recommendations from the Small Branches Conference, the Commonwealth Women Parliamentarians and the main conference will form the

Conference Concluding Statement, to be circulated widely, including to Commonwealth Heads of Government.

The Theme of this 59th Commonwealth Parliamentary Conference is “Effective Solutions to Commonwealth Developmental Challenges”. This discussion is timely because democracy and development are compatible. In the Commonwealth, the discussion is taking place in the context of the new Commonwealth Charter and the evaluation of the United Nations Millennium Development Goals; the Charter carrying 16 core values and principles, while the MDGs characterized by eight points of action.

In the context of democracy and development, I am glad that the current generation has the opportunity to enjoy the fruits of the fore-fathers’ leadership through struggle and resilience. I am informed, for example, that one of the

cornerstones of South African pursuit for democracy and equality and the existing community co-existence in South Africa was crafted by the country’s first statesman, Nelson Mandela. Addressing the Houses of Parliament in Cape Town in February 1996, President Mandela advised the nation by saying that, and I quote: “….We can neither heal nor build, if we continue to have people in positions of influence and power who, at best, pay lip service to affirmative action, black empowerment and the emancipation of women, or who are, in reality, opposed to these goals; if we have people who continue with blind arrogance to practise racism in the workplaces and schools, despite the appeal we made in our very first address to this Parliament. We must work together to ensure the equitable distribution of wealth, opportunity and power in our society.”

The issues of racism and

inequitable wealth distribution mentioned in 1996 are still relevant in the current developmental challenges in the Commonwealth and delegates should be bold enough to make strong recommendations for solutions.

The Commonwealth Charter is a product of an extensive examination, analysis, and recommendations of the Eminent Persons Group report of 2011. Signed by Her Majesty, The Queen, Head of the Commonwealth, on Commonwealth Day this year, the Charter provides a synthesis upon which the challenges President Mandela cited more than a decade ago, can be related to the contemporary development challenges. My interpretation of the Charter now is that it should not only be used to reaffirm the core values and principles of the Commonwealth; that is, democracy, human rights, international peace and security, and others, but emphasis

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A Member participating in the Plenary session

should be to practise tolerance, respect and understanding among Commonwealth members. The interpretation should be based on both the political and economic implications of the Charter.

To this end, I wish to suggest that the best way to meet the political development challenges is, among other things, to give fair and full rights of small and vulnerable countries, particularly with regard to their democratic rights. Big countries should refrain from making decisions for them, and therefore calling for a new culture of tolerance, respect and understanding. Further, to emancipate the participation of women in the democratic process in big and small states, clear affirmative action should be used to allow more women to obtain political leadership positions. To prepare the youth for meaningful future leadership in developed and developing countries, more resources and training should be enshrined in educational curricula and constitutions. To ameliorate the welfare of migrant workers across the

Commonwealth, legal consultations on immigration should be made to reduce the inhumane handling of job seekers across borders. To involve opposition and minority political parties in national development, governments should evolve consultative mechanisms to reduce political tension. This would include embracing ideas from religious, secular, civil society and other groups to defuse tension and violence, steps that call for full tolerance, respect and understanding.

While the Commonwealth parliamentary community has started working on these democratic processes for development, we still have a long way to go, considering, for example, that this conference has a relatively small female representation.

This therefore calls for change at the source of our democratic processes which, in turn, show that our political structures still need a higher degree of tolerance, respect and understanding.

The second aspect of the future interpretation and use of the Commonwealth Charter is economic.

Delegates may wish to consider that there are currently many incidences of conflict and violence in the world that are by and large caused by prevailing economic deprivation of millions of people. Again, as Nelson Mandela told South African Parliamentarians more than a decade ago, development must be measured through the equitable distribution of wealth, opportunity and power in our societies.

This means that while we often read of annual national and global economic growth indexes, there are millions of people who still languish in extreme poverty because economic benefits do not sufficiently trickle down to them. The expectation is that Commonwealth Parliamentarians have a duty to keep the economic inequity agenda active. To achieve equitable distribution of wealth at national and Commonwealth levels, again, requires tolerance, respect and understanding.

I wish to note that those Commonwealth nations, small or large, which, for example, have taken

minimal steps to avail land and other resources to ordinary citizens, run the risk of future conflict. I believe that Commonwealth Parliamentarians should continue to champion the fair distribution of the benefits from the natural resources of small and large states.

Contemporary political and economic experience shows that the economic model of reckless capitalism breeds conflict, because it lacks not only fairness, but tolerance, respect and understanding to benefit the ordinary citizen.

To address the interests of the citizens of the Commonwealth through their Parliaments, the Association has been tireless in formulating programmes and activities to reform and strengthen the capacity of parliament as an institution and parliamentarians and their staff as democratic and economic players.

In the CPA centenary celebration in London two years ago, I informed you, Distinguished Delegates, how over the years the Association had contributed to shaping emerging

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PLENARY SESSION - COMMONWEALTH MATTERS democracies such as South Africa by providing for capacity building of parliamentarians and parliamentary staff. Last year in Sri Lanka, I again informed you how our Third Strategic Plan for 2013-2017 had been sourced from you and processed to your agreement through the Executive Committee and General Assembly.

This year, I am happy to report that the Executive Committee has now approved the first ever CPA Business Plan for 2013-2015 to support the objective implementation of the Strategic Plan. The Business Plan will enable the Secretariat to work with our members and partners with clear key performance indicators. This new governance approach will, of course, also require increased tolerance, respect and understanding in our family, to apportion our resources accordingly.

For example, in March this year, the CPA held a highly successful joint Human Rights Seminar with the Commonwealth Secretariat

“To achieve equitable distribution of wealth at national and Commonwealth levels, again, requires tolerance, respect and understanding. “ for the Caribbean, the Atlantic and the Americas Region in Port of Spain, Trinidad and Tobago. In April, we conducted a successful Post Election Seminar for Sierra Leone.

In the same month, we held a joint Workshop with the Commonwealth Telecommunications Organization and UNCTAD on Cyber Security, and participated at the 3rd Annual

Cyber Security Forum, both events in Yaounde, Cameroon, our Conference host for next year. In May, we held a joint Study Group with UNDP Parliamentary Monitoring Groups to examine the future of our work on the Benchmarks for Democratic Legislatures. Also, although in May we missed out on a postponed CWP Workshop in Botswana for Southern Africa, we managed to facilitate the CWP Chairperson’s participation at the Parliamentary Workshop at the Tenth Women’s Affairs Ministers’ Meeting (10WAMM) in Dhaka, Bangladesh. Also, the CPA being a permanent member of the WTO Steering Committee, we participated at the 28th Session of the Parliamentary Conference on the WTO in Geneva. These activities, together with the planned Post Election Seminar for Lesotho to be held soon after this conference, are being planned and implemented in accordance with the Business Plan, which has a financial schedule to support the implementation.

In the latter part of this year, just to name a few, we have planned to hold a joint workshop with the International Monetary Fund (IMF) and World Bank Institute on “The Role of Parliaments and Extractive Industries” in Vienna, Austria; hold a Parliamentary Staff Development Workshop for the Africa Region; hold another Workshop on Human Rights in Africa with the Commonwealth Secretariat; hold a Parliamentary Staff Development Workshop for the Pacific; and hold the annual CPA Youth Parliament in Hyderabad, Andhra Pradesh, India.

I have often said that as a member-based organization, the CPA will always rely on the needs and wishes of its members in almost 50 per cent of its programmes planning.

As I said last year, the Association currently enjoys a very good financial health, with total current reserves standing at £9.1 million, certainly higher than £8.2 million at this time last year. Naturally, the Executive Committee has decided to draw down on the accumulated reserves in accordance with the Free Reserves

Policy of the Association to fund more of our activities.

My statement regarding the resources we have further reminds me of one of the key structural concepts of our activities; and that is, the hosting of our events and activities. I have often said at every opportunity of meeting you that our CPA programmes and events need to be hosted by one of our branches. For example, we are here in South Africa at the invitation of the Parliament and Government of South Africa to hold the Commonwealth Parliamentary Conference in 2013.

We were in Sri Lanka last year; in the United Kingdom in 2011; in Kenya in 2010; in Tanzania in 2009; in Malaysia in 2008; in India in 2007; in Nigeria in 2006; on the same basis.

I am of course delighted that we have been invited by the Parliament and Government of Cameroon next year in 2014, I am, however, not happy that we are yet to hear from a Branch willing to host us for the Conference in 2015, 2016 and beyond. I am therefore kindly asking you to consider my request as soon as possible to enable us to begin working on the future arrangements, particularly for the immediate year of 2015.

I wish to end my remarks by expressing a special tribute to you, Hon Mninwa Johannes Mahlangu, MP, Chairman of the National Council of Provinces, for your wonderful leadership of the Association as Vice President and President. Apart from your natural cheerfulness, you are a person who has greatly assisted us through tolerance, respect and understanding, particularly during some difficult times.

I also wish to thank the Chairperson, Sir Alan Haselhurst, Vice Chairperson, Dr Nafisa Shah, the Treasurer of the Association, Hon Marwick Khumalo and the CWP Chairperson, Hon Alix BoydKnights, who, through the work of the Co-ordinating Committee, have greatly guided and assisted me and the Secretariat to meet the many challenges of our work across the Commonwealth.

Accordingly, I sincerely wish to thank all the Members of the Executive Committee for their full engagement with us, and assistance regarding all the policy issues and decisions that had to be made. I believe that all of you did your work through tolerance, respect and understanding.

My special tribute now is to the outgoing Chairperson of the Commonwealth Women Parliamentarians, Hon. Alix Boyd Knights, who is also the Speaker of Dominica. We at the Secretariat will remember you to be an objective pusher, inquirer, deep believer of the women development agenda, perfectionist, and holder of a wonderful sense of humour. It is highly expected that the work programme and increased CWP funding you are handing over to your successor will greatly enhance the work of the CWP in all our regions of the Commonwealth. Your tolerance, respect and understanding were truly appreciated. We expect that you will remain one of our resource persons until you decide to close your communications. Similarly, I wish to pledge our full support to the new CWP Chairperson to enable her to further develop and strengthen women leadership and welfare in the Commonwealth and beyond.

I wish to wholeheartedly thank all the staff members of the CPA Secretariat for their support and understanding. Their skills, experience, long hours of work, sometimes awkward travel schedules, and keeping the communication lines open to make the CPA tick in our branches, countries and partners.

Believing that this 59th Commonwealth Parliamentary Conference here in Johannesburg, South Africa, will be successful; having been joined by the Commonwealth Secretary General, His Excellency Mr Kamalesh Sharma; and with our Commonwealth Youth Parliament representatives attending for the second time; I wish you all an enjoyable, friendly and productive conference.

I thank you all for your kind attention.

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making a commitment to representative parliamentary democracy

Speech by the Commonwealth Secretary-General, Mr Kamalesh Sharma

It is a pleasure to address you again, and I thank Sir Alan Haselhurst and Dr William Shija for inviting me to do so.

This is a regular fixture in my calendar and I always welcome the opportunity to meet with those who represent the people of the Commonwealth through our Parliaments, where the heart of democracy beats strongest.

We also owe gratitude to our hosts, Hon. Mninwa Johannes Mahlangu and Hon. Max Sisulu. I congratulate them and their teams on the excellent arrangements for this conference, and thank them for the warm welcome we have received.

Wherever I travel in member states, I make a point of calling on leaders and representatives of the government as well as on the Speaker and Leader of the Opposition. I am always mindful of the role that Parliamentarians play, and the importance of strengthening parliamentary practice and culture. I would have met a number of you here in the course of those visits, and it is very good to see familiar faces.

A Commonwealth conference in Africa is also always an opportunity

to take stock and to celebrate that our members here, across the range of indices, tend to find themselves at the top end of progression and achievement. This is not by chance.

The Commonwealth has identified a blend of values and principles that are advanced for its people. And a great deal of the success in this region as elsewhere is due to the role of yourselves as Parliamentarians.

Commonwealth bonds with South Africa South Africa’s place in the Commonwealth, and the Commonwealth’s role in the struggle against apartheid, remind us that shared belief in democracy, development, and respect for diversity, are what bind our global family together.

This morning, His Excellency the President lauded the Commonwealth as a uniquely global organization.

Nelson Mandela – Madiba – South Africa’s greatest son whom we all wish well, speaking as the first democratically elected leader of this “Rainbow Nation”, famously remarked

that, “the Commonwealth makes the world safe for diversity”.

Representation and respect for diversity and for differing opinions, with inclusivity and equity, are indispensable to our Commonwealth understanding of what is needed if we are to take strides as societies that are more just, and a world order that is fairer.

The commitment of our member states to representative parliamentary democracy can be seen as an expression of the kinship and affinity that is so distinctive a feature of the Commonwealth.

Indeed, parliamentary links, forged and continually strengthened through the work of the Commonwealth Parliamentary Association over many decades, can be seen as among the most powerful practical illustration of Commonwealth nations joining together freely and voluntarily in an enduring relationship.

Democracy around the Commonwealth takes varied forms.

However, we commit ourselves to common values and principles, and these shape both our collective goals

and our collective responsibility.

Deep-rooted in our Commonwealth approach is the ideal of learning from one another and gaining reciprocally through the exchange of ideas, experience and insights.

That is what Commonwealth conferences are all about: to strengthen networks, to share, to exchange, to be mutually supportive, and to benefit from doing so.

Democracy and Development The collective wisdom of the Commonwealth is that, while development and democracy are each goals in their own right, they are also interconnected and mutually reinforcing. Development is enhanced and achieves greater advance in democratic societies where the individual has liberty and choice.

Democracy is enhanced where the tide of economic growth lifts all and leaves none behind.

The Commonwealth Heads of Government meeting in Abuja in 2002 said in the Aso Rock Declaration on Development and Democracy, ‘We are convinced that

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PLENARY SESSION - PARLIAMENTARY LINKS THROUGH THE COMMONWEALTH The Commonwealth Secretary-General, H.E. Mr Kamalesh Sharma, in South Africa.

broad-based prosperity creates the stability conducive to the promotion of democracy; and that strong democratic institutions better promote development’.

It is therefore most appropriate that, as parliamentarians, your conference theme should be, ‘Effective Solutions to Commonwealth Developmental Challenges’. It also reflects the theme chosen for this year’s Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka, ‘Growth with Equity: Inclusive Development’.

Our ambition for the CHOGM in November is that leaders will explore how growth and development can be advanced whether one lives in a city, a town, a village, a rural community, or an out-lying island.

We do well to recall the objectives identified already by our heads as those they consider make democracy work for pro-poor development.

These include: • A participatory democracy characterized by free and fair elections and representative Legislatures; • an independent judiciary; • A well-trained public service;

• A transparent and accountable public accounts system; • Machinery to protect human rights; • •The right to information; • Active participation of civil society, including women and youth; • Substantially increased and more effective financial resources; and • Increased democracy at the global level, including enhanced participation and transparency in international institutions.

MDGs and post-2015 sustainable development framework These objectives remain relevant and topical, particularly as we approach the target date for the Millennium Development Goals in 2015. While substantial headway has been made, both globally and in the Commonwealth, a long road still lies ahead.

Particular challenges remain in meeting targets on basic education, maternal mortality, hunger and gender equality. The final global push is being led by two Commonwealth countries, Australia and Rwanda, as co-chairs of the Millennium Development Goal

Advocacy Group convened by the UN Secretary-General.

As we assess progress and measure achievements, work towards international convergence on a post-2015 sustainable development framework is already underway. The UK Prime Minister was one of three leaders who co-chaired the UN Secretary-General’s high-level panel which has now issued its report on the framework. South Africa and Ireland have been contributing at another level.

The Commonwealth has a long record of building consensus around global challenges, and is well-placed to provide both analytical and practical insights into this debate.

Indeed, the new global development agenda has featured prominently at recent Commonwealth ministerial meetings. Last year’s Commonwealth Education Ministers Meeting in Mauritius set up a Working Group to define Commonwealth development priorities for education post-2015. Meetings earlier this year of Commonwealth Ministers of Health, Youth, Women’s Affairs, and Environment have also considered how our combined efforts can best

be directed to promote a robust, sustainable and effective global approach to development. A common thread, reflecting our focus on the practical and on delivery, is that our various ministerial discussions have pointed to the importance both of reaching global agreement on new goals themselves as well as on the means by which they can be achieved.

All in all, the Commonwealth is bringing its perspective to the debate on the new post-MDGs global development agenda.

Commonwealth values As representatives of the people, I can think of no more important an audience than this one to which to comment on our new Charter, also alluded to by His Excellency the President this morning. The values and aspirations for which the Commonwealth strives have been brought together in a single, accessible document, adopted

by Heads of Government in December last year, and signed on Commonwealth Day this year

by Her Majesty The Queen, Head of the Commonwealth. We now

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have a defining document for our association, to which the people of the Commonwealth at large contributed and which embodies their goals and expectations.

I welcome your support in raising awareness of the Charter. I trust opportunities can be found to debate it in parliaments, and to use it as an aid in encouraging greater partnership and collective striving.

Of particular relevance, given the theme for this conference, is Article 2 of the Charter in which our governments and peoples collectively declare, “We are committed to equality

and respect for the protection and promotion of civil, political, economic, social and cultural rights, including the right to development, for all without discrimination on any grounds as the foundations of peaceful, just and stable societies”.

The Charter also goes on to say, under the heading “Separation of Powers”: “We recognize the importance of maintaining the integrity of the roles of the Legislature, Executive and Judiciary.

These are the guarantors in their respective spheres of the rule of law, the promotion and protection

of fundamental human rights and adherence to good governance”.

Human Rights – Universal Periodic Review Given the role of the Legislature, I should underline that the Commonwealth Secretariat much appreciates our practical partnership with the CPA, notably in delivering our human rights mandate. An important area of collaboration is strengthening the role of Parliamentarians in one of the most important human rights mechanisms, the Universal Periodic Review.

At their request, we have worked to help build the capacity of parliamentarians, whose role is not formalised in the UPR process, so that they are equipped to carry forward accepted UPR recommendations.

A seminar we convened jointly last November, tailored to the needs of Parliamentarians from Small Island Developing States, was designed to enhance the role of Parliaments in the UPR reporting and implementation process, with members equipped to support the passage of legislation relevant to UPR recommendations.

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In March this year we continued this with a Caribbean regional seminar in Trinidad and Tobago on the role of Parliamentarians in the promotion and protection of human rights.

One welcome outcome was the establishment of the Commonwealth Caribbean Parliamentary Human Rights Group.

The essential fact is that the contemporary UN structure for examining the human rights situation in any given member state can only benefit from an active role by Parliamentarians. And we are happy to partner in this.

Election observation, electoral commissions & the Commonwealth Electoral Network In this and other aspects of our work, a powerful Commonwealth advantage is our ability to forge partnerships between member states which, although from different corners of the globe, share much in common when it comes to institutional arrangements and legal frameworks. This enables us to offer one another support and allows fruitful cross-pollination of ideas.

It can be seen in action in the widely acknowledged aspect of the Commonwealth Secretariat’s work with and for parliamentarians – our role in convening and supporting election observer missions.

These teams of distinguished Parliamentarians and other eminent Commonwealth personalities bring together knowledge and experience drawn from throughout the worldwide family of the Commonwealth.

In the period since 1990 we have sent more than 100 Observer Groups to presidential and parliamentary elections. These are highly valued by member states, which also see our observers as encouraging credence and legitimacy to the electoral process – and can also serve as a calming influence when tensions are high.

Over the past year we have observed elections in Lesotho, Papua New Guinea, Sierra Leone, Ghana, Kenya, Grenada and Pakistan.

We have also received invitations to observe forthcoming elections in Maldives, Rwanda, Sri Lanka, Swaziland and Cameroon later this month.

The proper conduct of elections depends to a large extent on the capacity and resourcing of national election management bodies. The Commonwealth is committed to raising their performance so that they are a force for good, and upholders of the highest electoral standards. I have in the past referred to the Electoral Commission in any member state as the filament that must endure tremendous heat at election time.

If and when it endures, the election result can enjoy credibility and support; when it breaks, the credibility of the election result is jeopardised.

With this in mind we have established a Commonwealth Electoral Network, bringing together election management bodies from across the Commonwealth. The Network is a new resource through which technical expertise in managing key processes of democracy can be exchanged. Our aim is to create peer-support mechanisms that promote good practices and sharing of experience to overcome common challenges.

The Network is one of the hundred or so communities of practice that now populate “Commonwealth Connects”, our secure cloud-based digital platform.

This is all about the Commonwealth playing to its fundamental strength – its networks, its diversity, and its collective practical advancement – in both a contemporary twenty-first century way and the tested way of Commonwealth solidarity.

“Commonwealth Connects” will enable people to build interactive working partnerships using internetenabled communication devices such as desktop/laptop computers or mobile smartphones. And it facilitates pan-Commonwealth collaboration across countries, organizations and partners. Information can be stored centrally and become accessible to any network member.

We are making this groundbreaking Commonwealth product available to all including the CPA. Our goal is that existing and future Commonwealth networks are not only informed and in touch with each other, but can also collaborate, transact, and forge creative partnerships online.

Government and opposition workshops Honourable Parliamentarians, the manner in which business is conducted once elected is as important for entrenching the culture of democracy as the process of election.

That is why the Commonwealth Secretariat has worked with the CPA for many years on regional Government and Opposition workshops. Both have valuable contributions to make in deepening the democratic process, through their respective rights, roles and responsibilities.

Our intention now is that these workshops should move from a regional focus and become more targeted and country oriented in approach. The aim is to consolidate the practice of a more constructive relationship between governing and opposition parties, conducive to their working more productively together in the joint interest of national harmony and national development.

Parliament is the primary forum where the voice of the people, especially the poor and marginalized has to be heard with absolute clarity.

Confidence that Parliament truly understands, and is able to address the aspirations and interests of the people, is a paramount guarantee of social peace and stability.

Such confidence is secured when Parliamentarians – of both the majority and minority parties – show a common purpose in representing the interests and concerns of their electorate as a whole, when holding the Executive to account, and when improving and enacting legislation.

Distinguished Commonwealth Parliamentarians, I conclude by paying tribute to your public service and duty, and in expressing respect for it. Your high calling, and your continuing care and commitment in the service of all, help ensure that in the world of tomorrow none are excluded from the life of the community in which they live, learn, and work, or are left behind in the onward march of social and material progress.

That is the noble purpose of our collective effort: to find inclusive and lasting solutions to Commonwealth development challenges, so that the fruits of prosperity and progress are shared, freely and with equity, by all our people and all nations.

Thank you again for your time and for the courtesy of inviting me.

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WORKSHOP A LAND ACCESS AND OWNERSHIP 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Workshop A - 4 September 2013

LAND ACCESS AND OWNERSHIP: PROGRESS AND CHALLENGES EXPERIENCED BY RURAL COMMUNITIES IN ACCESSING LAND. WHAT COULD BE THE ROLE AND INTERVENTION OF PARLIAMENTARIANS? Moderator: Hon. Jerry Thibedi, MP (South Africa) Discussion Leaders: Hon. GG Mokgoro, MP (South Africa) Prof Gilingwe Mayende, CEO AgriSETA (Agricultural Sector Education Training Authority)

Summary Delegates discussed the possible solutions to land reform in South Africa. They highlighted a number of methods to achieve the objective, including using land as collateral, engaging traditional leaders, and classifying co-operatives as legal entities.

It was acknowledged that in some communities, land is an integral part of the individual and collective identity. It was considered that land allocated for food production should be protected to minimize the risk of conflict.

It was further considered that in order to achieve land reform, pre- and post-settlement support, training, credit, market access, equipment, pricing strategy, infrastructure and land tenure security, were important factors to helping rural communities.

Discussion Hon. Jerry Thibedi, MP, provided a context for the theme of the Workshop selected by the Host Branch. The 1913 South African Natives’ Land Act, which marked its centenary in 2013, was repealed in 1991 but remains the foundation of land ownership in South Africa. The loss of access to land could be linked directly to colonial policies dating back to the 19th century. The most significant provision of the act was the restriction on black people from buying, leasing and selling land other than in areas that were designated for them.

Ensuring land access for all Hon G.G. Mokgoro, MP, stated that access to productive land is an important global issue and that

a small improvement in this regard could have a profound impact on food security. He briefly related South Africa’s apartheid past and the subsequent constitutional imperative to address the issue of land access, and emphasized the importance of legislative power and the responsibility of Parliamentarians in this regard.

The legislative aspects and especially the allocation of the budget have to be areas that Parliamentarians could focus on, and the role of women and traditional leaders in land access has to be duly recognized.

Women constitute the majority of the economically active population in rural areas and it is time their access to land be improved as this would assist to develop rural areas. Mr Mokgoro stressed that Parliamentarians have to create mechanisms to enhance

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From left to right: Moderator Hon. Jerry Thibedi, MP, and Discussion Leaders, Prof Gilingwe Mayende (centre) and Hon. G.G. Mokgoro, MP.

the dialogue and engagement with women and traditional leaders in rural communities where issues of land access are being discussed.

Prof G. Mayende, Chairperson of AgriSETA, referred to the historical and contemporary factors influencing land access and emphasized that agrarian reform should be linked to broader rural development. Noting the delicate balance between economic efficiency and social justice, he felt that the sub-division of land could with effective support become successful and the main pillars of the agricultural economy. Those most in need of land are the landless and land-poor communities which also includes

vulnerable groups such as matriarchal households. There is a need to strengthen the support mechanisms for land reform beneficiaries.

He focused on the importance of pre- and post-settlement support in the form of training, mentoring, credit and market access and also agreed on the role of traditional authorities in assisting with land access. Professor Mayende strongly felt that there is a need for Parliamentarians to increase their outreach activities among poor rural communities.

Mr Brij Behari Lal Butail Butail, MLA, Himachal Pradesh, identified land as an economic resource and an important factor in the formation

of individual and collective identity and in the day-to-day organization of social, cultural and religious life. Land access and ownership affects the everyday choices and prospects of rural communities and determines how much a farmer would be prepared to invest in improving the land. Addressing the land access and tenure security needs of the rural people is crucial for social justice, political stability and peaceful co-existence. Parliament, being the highest decision-making body, could play a pivotal role in implementing the necessary legislation, giving sanction to budgetary demands, laws and programmes and also

through exercising the necessary oversight. Capacity building is critical for improving access to land and for effective land administration, both in state institutions and in civil society.

There is also a need on the part of Parliamentarians: • To develop and disseminate a range of tools for improving land tenure security and delivering low cost land titles; • To systematically support democracy through land institutions and land information systems which are decentralized and problem-centred; • To improve access to appropriate and comprehensive systems of land

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WORKSHOP A LAND ACCESS AND OWNERSHIP dispute resolutions incorporating formal, alternative dispute resolution (ADR) and customary procedures.

Mr James Paice, MP, United Kingdom, said that the world is facing numerous dramatic challenges such as climate and population changes and food shortages, and it’s vital therefore that land should not just be occupied, but should be farmed, as maximum productivity is needed to improve food security.

A delegate from the Ghanaian Parliament stated that the idea of land access was conceptually difficult as it related to land tenure, and asked about the situation in South Africa.

He felt that in most African countries it is difficult to obtain money for land procurement and asked why this it’s not made easier for investors to obtain money to gain access to land.

A delegate from Malaysia suggested that an oversight body should be set up to check progress and to monitor land distribution.

Hon. P.P.P Moatlhodi, MP, Botswana, emphasized that land had to be allocated to the right people, at the right time and under the right conditions.

Services such as water, power and roads need to be available to ensure its success. It is also important that land allocated for food, should be protected and no allocation should be allowed to lie uncultivated since land does not multiply. It should be allocated as properly and carefully as possible, as history has shown that land and access to it, can lead to wars.

Professor Mayende responded that many of the inputs were comments and that he would restrict himself to the questions posed. He agreed it is not about who occupies the land, but rather the capability of that person to use the land. He emphasized that small farms could be just as productive and many examples were available to testify to this. It was also important that in addressing these issues, there is a need to address the historical injustices head on. He reported that in South Africa, 45 per cent of land, which constitutes six million hectares, remains in the hands of white farmers and is either

un-utilized or underutilized. This land has to be targeted as it is kept more as a “trophy” than for its productivity.

Mr Thibedi recommended that more focus should be placed on those who have a passion, interest and will to farm than adhering strictly to a capacity requirement. With the state usually being the owner of the majority of land, it has to ensure that not all of the land is available for sale.

Different options such as leases to address land access in a constructive and sustainable manner have to be investigated.

Mr Mokgoro suggested a land summit for South Africa, as although land reform is taking place, it is still very slow.

A delegate from the Parliament of Jamaica argued that care should be taken with the suggestion that lack of funding is the main problem with land access. The cost of producing products was sometimes costly against the international price at which it retailed. He cited the difficulty of profitably producing a bag of coffee beans in Jamaica.

Mr Watty Watson, MP, South Africa, stated that not all land should be privately owned and that the state should be in charge of land distribution. There was however government and trust land where many poor people were situated.

He felt that the biggest problem is the lack of access to funding. Banks

are hesitant to assist the poorest people as they do not accept land as the necessary collateral; something which makes no economic sense to him.

This was concerning given that in other countries banks are prepared to accept land as collateral. Therefore banks need to change their systems and Parliamentarians could play a role in helping to achieve this.

Mr Thibedi discussed the role of traditional leaders in land access and the importance of constructively engaging them and felt their roles need to be clarified. Women should similarly be involved in land access matters give the size of its female population.

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WORKSHOP A LAND ACCESS AND OWNERSHIP

From left to right: Hon. Roger Edwards, MLA, Falkland Islands; Mr Hadyn Evans, MLA, and Hon. David Buffett, AM, both from Norfolk Island.

He stated that with land access, women should adopt the theme “Nothing about us, without us.”

Land is important in the context of dealing with poverty and therefore Parliamentarians need to link up with the responsible departments to address these issues.

Legislative frameworks also needs to keep up with the pace and improve the tempo of addressing land reform.

Professor Herbert Vilakazi, South Africa, advised that Africa was in need of an agricultural revolution because it is the kind of intervention required to facilitate land access, reform and restitution in the country.

He suggested that co-operatives

should be classified as legal entities to address some of the legal and access challenges faced in this regard.

Even though some white farmers were progressive and assisted in the process of land restitution and reform, it is not enough and co-operatives could be utilized to assist in this regard.

Mr Edward Korbly Doe Adjaho, MP, Ghana, also referred to the issue of land as collateral and emphasized that land is not only an economic issue but also a cultural and social one. If the focus only centres on the economic aspect of land, it could lose sight of the other important dimensions attached to it.

Mr Hj Abdul Latiff B Abd Rahman, MLA, Malaysia, focused on the

gender imbalance in his country and compared the equity and affirmative action intervention in the two countries. He inquired to know more of the specific challenges regarding gender imbalances in South Africa and whether the country was satisfied with the progress made so far with land reform and in particular the role of women.

A participant from the Parliament of Jamaica agreed with Mr Watson’s earlier comment that access to finance is a major global problem, especially for small farms. He felt that the financial institutions are often reluctant to make loans and proposed a few possible solutions.

These included: the financial sector being sensitive to the issue; and governments promoting banks that are willing to give these loans.

The government itself should have preferential business with banks granting these loans, and they could also consider loan indemnity insurance and contingency funds to assist. It is, however, important that the necessary feasibility requirements be adhered to.

Consideration should also be given to sanctions against banks unwilling to provide these loans and governments should deliberate legislating this aspect and to consider levying appropriate penalties.

Mr Steffan Browning, MP, New Zealand, said that 2014 would be the year of the “family farmer” and believed that small farmers could be productive.

The government’s role is to assist with funding, especially foreign funding. The return of land needs however to be fair and sustainable.

He felt that co-operative ownership is often viewed as a short-term option which negates its purpose. Some of the factors that need to be considered in policies regarding land access are issues of resilience and commitment, prize buffers in an unstable market and a fair return on investments for small farmers.

Mr Kwena Elias Nong, MPL, Limpopo, argued that the government’s issue with land is not just land, but “what land?” The

apartheid government took the most productive land for themselves and what was left was given to the “homelands.” Parliamentarians have to consider enacting laws to protect agricultural land against reckless mining as it impacts on its productivity and sustainability.

In response, Prof. Mayende agreed with the Indian slogan that “the land belongs to the tiller and not the owner”. He was emphatic that challenges of access to land and ownership in South Africa could not be divorced from historical factors which led to land dispossession and the marginalization of black people by the apartheid regime.

He responded to the common ground between South Africa and Malaysia regarding equity and affirmative action policies and its importance in addressing land access.

Prof. Mayende felt satisfied with the progress that South Africa is making as the trajectory is positive, definite and conscious.

While there has been some successes there have also been setbacks, which have been regarded as important lessons. He stressed that the mistake South Africa made was to have an emphasis on delivery and placing people on land rather than focusing on its effective and efficient utilization.

Recommendations from the Workshop: Recommendation one: “Governments must understand the needs of rural communities by creating effective platforms for discussion and Parliamentarians must pass responsive legislation to correct imbalances.”

Recommendation 2: “Communities needing access to land are largely poor and marginalised, mostly women, which raises the need for Parliament to engage in regular outreach programmes to rural communities.”

The workshop concluded with the endorsement of the first recommendation and the noting of the second.

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WORKSHOP B- INFORMAL ECONOMY AND ENTREPRENEURSHIP 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Workshop B - 4 September 2013

Should there be Parliamentary intervention in the Informal Economy and Entrepreneurship Sectors?

Moderator: Ms Thapelo Dorothy Chiloane, MP (South Africa) Discussion Leaders: Dr Shirin Sharmin Chaudhury, MP, Speaker of Parliament, (Bangladesh) Hon. Alix Boyd Knights, MHA, Speaker of the House of Assembly (Dominica) Mr Andreas Klemmer, Senior Enterprise Development Specialist, International Labour Organization (ILO)

Summary Delegates acknowledged that parliamentary intervention in the informal economy and entrepreneurship sectors is a necessity to establish a framework with three different operational levels; namely: the micro, the macro and the meta level. This could be achieved through legislative and policy measures that also equip womenled entrepreneurship with socioeconomic protection and enhance their limited bargaining power.

Some delegates proposed there may be potential in further developing the agricultural sectors in some jurisdictions to focus on the supply of alternative therapies and medicines.

Discussion In the era of globalization and

economic liberalization at the turn of the millennium, Dr Shirin Sharmin Chaudhury, MP, said that the informal economy had emerged as an expansive feature of the global economy. Various statistics indicated that the informal economy, particularly informal entrepreneurship, was a growing phenomenon and the inclusion of women entrepreneurs was extensive and increasing.

Marginalized women entered the informal sector out of economic necessity and it was perceived that women entrepreneurs in the informal economy were necessityentrepreneurs. They carried out low paid menial work in the absence of alternative means of livelihood.

Dr Chaudhury highlighted that a large segment of people had exited the formal economy voluntarily

due to a lack of opportunities.

Many chose to remain outside the formal economy as potential benefits were found in the informal economy. Informal entrepreneurship displayed real business acumen, creativity, dynamism and innovation.

Parliamentarians therefore played an effective role in helping women entrepreneurs overcome the difficulties faced in the informal economy. This could be achieved through legislative and policy measures that equipped womenled entrepreneurship with socioeconomic protection and enhanced their limited bargaining power.

A parliamentary intervention in the informal economy and entrepreneurship sectors was a necessity. With appropriate laws in place, an integrated approach for

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WORKSHOP B- INFORMAL ECONOMY AND ENTREPRENEURSHIP Discussion leaders Mr Andreas Klemmer from the ILO (left) and Dr Shirin Sharmin Chaudhury, MP (right).

sustainable businesses should be implemented where the market and not the individual enterprise is the point of departure. A peoplecentred framework should be initiated in which the market system is constituted by people, working through organizations that represented their aligned interests.

The framework should recognize three different operational levels, namely the micro level, the macro level and the meta level.

representatives, should ensure that democracy is responsive to the needs and aspirations of the people.

They must thrive to deliver on the challenges of poverty, inequality and deprivation in effecting the smooth functioning of democracy.

The promotion of women entrepreneurship in an integrated approach can easily be implemented through closer linkages between Parliament, civil societies and the private sector.

The rationale for intervention Parliament as the premier representative institution in democratic governance, and Parliamentarians, being the people’s

Constraints within the informal economy sector Informal entrepreneurship displays real business acumen, creativity, dynamism and innovation. There was

however constraints in this sector facing participants, especially women, and women entrepreneurs in the informal economy encountered several difficulties. These included: • Work in the informal economy operating at a low level; • Work relying heavily on day-today profits for survival; • Women lacking or having restricted access to formal financial institutions for credit; • Facing severe economic vulnerability as informal lending arrangements are not conducive and do not follow standardized interest procedures; and • A lack of education and skills

opportunities available to them.

It is within this context that Parliament must effect change in informal sector dynamics through policy measures that will equip women-led entrepreneurship with socio-economic protection and enhance their limited bargaining power.

Challenges for the informal economy The majority of Commonwealth countries in the Africa region were still growing and their economies were in the development stage which created a need for deliberate actions to ensure economic freedom.

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WORKSHOP B- INFORMAL ECONOMY AND ENTREPRENEURSHIP The current economic dispensation that was marketorientated increased the gap between developed and underdeveloped countries, which created a situation of “survival of the fittest” and seemed to support capital rather than development. Women entrepreneurs, who operated at a small scale, consequently found it difficult to compete in the markets.

The level of illiteracy amongst women created a challenge. Most women lacked the necessary knowledge and skills to manage business finances as they relied heavily on day-to-day profits and paying back exuberant interest rates charged by financial institutions which impeded business growth.

Various produce could assist the growth of the informal economy, but some could be classified as illegal, thus minimizing the opportunities that could be undertaken by some countries. Hon. Alix Boyd Knights, MHA, cited the example of marijuana, which although proven to have vast health benefits, was classified as illegal when used for leisure activities.

She argued that if the focus was on the health benefits – the drug being declassified and controlled – it could bring about many economic benefits.

What interventions Parliaments may effect?

Parliamentarians as people’s representatives have a responsibility of ensuring that democracy is responsive to the needs and aspirations of the people. The challenge of reducing poverty and removing people from abject poverty could be met by effecting and adopting proactive poverty reduction strategies.

Women entrepreneurs in the informal economy were in the majority and the most affected, and therefore urgently required Parliaments’ intervention. Dr Chaudhury stated that Parliamentarians could take appropriate measures by designing effective intervention strategies to: • Bring down existing financial and institutional barriers;

Participants taking part in the discussion in Workshop B.

• Facilitate access to credit, not only confined to micro credit but make institutional credit arrangements; • Arrange for collateral free loans; • Promote social and economic support schemes; • Provide income generating skill training; • Provide capacity building training to help them acquire expertise in business management, accounting, proposal writing, loan negotiation, skill development and survey the market situation; and • Train women on the use of information communication technology for e-market and entry into the international market.

Mr Andreas Klemmer, Internation Labour Organization (ILO), emphasized that in order to promote women entrepreneurship in an integrated approach, closer

linkages should be forged between Parliament, civil society and the private sector. An integrated approach considered the market as the point of departure in developing a sustainable business in a local given context.

The market system framework was constituted by people who were acting through organizations representing aligned interests, and these had to be grouped according to their core functions across three system levels. These were: • The micro-level: a level where people physically transact goods and services for money; • The macro-level: a level where the rules of doing business (policies, laws and regulations) for system stakeholders are codified and enforced; and • The meta-level: a level where the mindsets of people making up the

social system (their values, norms, perceptions and communication codes) are shaped.

How can Parliaments’ intervention be implemented?

Parliamentarians can contribute to policy coordination by facilitating the implementation of related policies in a coordinated manner to promote women entrepreneurship as they (women) contribute significantly to job creation, poverty eradication and economic growth. Proper laws and regulations that will administer the informal economy to bring it within an appropriate tax regime should also be developed.

The legal framework that addresses social cohesion should be strengthen by devising laws, policies, acts and regulations that support women in the informal economy. The framework will ensure that women

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WORKSHOP B- INFORMAL ECONOMY AND ENTREPRENEURSHIP civil societies and private sector. In developing an integrated framework, consideration should be given to the differing levels of development.

Countries should consider their strengths and what could be offered to ensure the participation of women in the informal economy.

Legislation that covered all disciplines should be explored in order to eliminate the argument of legality and illegality of the opportunities that could be seized. It was acknowledged that countries could not have blanket policies as they were at different levels of development.

are not left behind and isolated from the mainstream development, and that economic growth benefits the poor, vulnerable and marginalized. An intense focus is required to eliminate disparities that are prevailing within the vulnerable segments that are denied opportunities and choices that are most fundamental to human development.

The dynamics of the formal economy law makers may be changed so that they may consider reducing the tax burden and other factors in the formal sector to allow more people to enter the formal economy.

Parliament can develop and adopt a co-operative model that will bring economic activities to the most rural areas. The model should be able to incorporate illiterate members of the community who are interested in entering the informal economy

and which will constitute support mechanism for those co-operatives in terms of facilitating financial trainings and enhance business skill. The co-operative model should ensure that preferential procurement system advances development as opposed to capital and the state should declare itself to be the primary market for co-operatives’ produce.

This policy should be interlinked with the social security system and the local economic development plan at all levels of society.

As women encountered difficulties in paying back loans offered to them, legislation ensuring affordable conditions should be considered. Government could also give access to these businesses through offering financial schemes, skills and mentoring schemes.

Private and public participation should be enhanced to ensure that

skills are also transferred from the more developed formal sector to the developing informal sector. In addition, effective policies are needed that could eliminate malpractices in the developed corporate sector.

Some countries like Kenya, had created funds without charging interest to assist women and young people who wanted to enter the informal economy.

These funds were meant to empower women and youth entrepreneurs with skills and capital.

Several difficulties encountered were that some beneficiaries failed to pay it back and this caused the assigned department not to budget for these funds. In such cases, a possible solution was the development of an effective policy for accountability.

Parliamentarians should develop an integrated framework that includes the participation of government,

Recommendations from the Workshop Recommendation One: “As cannabis has gained acceptance as a very effective drug for many medical conditions, should Parliament legislate strict conditions under which it can be grown for export?”1 Recommendation Two: “Parliament may effectuate change in informal economy sector dynamic through legislative and policy measures to equip women-led entrepreneurship with socioeconomic protection, enhancing limited bargaining power.”2 Recommendation Three: “Forge closer linkages between Parliament, civil society, and the private sector in order to facilitate the promotion of women entrepreneurship in an integrated approach.”3 All three recommendations from the Workshop were noted.

Endnotes 1. Given that such practice is illegal in many countries, the first recommendation was regarded as a “non-starter.”

2. To effect an amendment by replacing “women-led entrepreneurship” with “women participation in the economy.”

3. To effect an amendment by replacing “women entrepreneurship” with “women participation in the economy.”

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WORKSHOP CTHE MILLENNIUM DEVELOPMENT GOALS 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Workshop C - 4 September 2013

Challenges of attaining the Millennium Development Goals by 2015

Moderator: Hon. Idris Bin Haron, MLA (Malaysia) Discussion Leaders: Hon. Mlungisi Johnson, MP (South Africa) Hon. Anglu Farrugia, MP, Speaker of the House of Representatives, (Malta) Mr Agafili Patisela Eteuati Tolovaa, MP (Samoa) Mr Charles Chauvel, Parliamentary Development Adviser, United Nations Development Programme (UNDP)

Summary There was general agreement from the delegates that progress had been made towards achieving the Millennium Development Goals (MDGs). However, they also acknowledged that there was more work to be done. It was observed that progress had been slow on the promotion of gender equality and women empowerment. It was emphasized that the introduction of the quota system had increased women representation in some countries. A challenge that still remained was with regard to the existing inadequate funding to ensure that there was true gender equality beyond just numbers.

Increasing the role of Legislatures Hon. Mlungisi Johnson, MP, begun

by encouraging all countries to present its development plans which were guiding their development goals. The MDGs were a framework which was established to help focus and strengthen development efforts by development partners and also created a platform to provide a mechanism for measuring performance.

Mr Johnson indicated that there were a number of challenges that had impacted on the achievements of the MDGs. In reference to South Africa, these were access to land, high levels of unemployment, water scarcity, conflict, climate change and research and development. These challenges stemmed from a lack of commitment and the will to implement multilateral agreements, such as the Maputo Declaration, to increasing budgets to 10 per cent for agricultural purposes.

Additional declarations such as the Monterrey Consensus which would have seen 0.7 per cent of GNP being utilized to support developing countries by the developed countries also contributed to the mounting challenges.

He recognized that progress had also been made in many of these MDGs and it should be noted. Mr Johnson felt that the goals could still be attained if all the relevant stakeholders worked together to develop relevant national development plans with the corresponding budgets, in order to address the inequalities that existed.

He focused on the following key points as a solution to unlocking the existing challenges. Parliamentarians not only play a crucial role in achieving the MDGs, but Parliament has a responsibility to hold government

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Discussion leaders Mr Agafili Patisela Eteuati Tolovaa, MP, Samoa, (left) and Hon. Anglu Farrugia, MP, (right).

accountable for their MDGs commitments by monitoring their actions. As lawmakers, Parliamentarians could ensure that their MDGs commitments were reflected in the national plans and policies including national budgets. In order to attain these, Parliamentarians should be provided with a voice in the development debate and should be provided the resources to exercise their oversight function.

Eradication of poverty and hunger is everyone’s responsibility Hon. Anglu Farrugia, MP, spoke on how the MDGs focused on dealing with extreme poverty, wherein the given aid should provide a longterm basic benefit and eliminate

the dependency on humanitarian assistance. He acknowledged the assistance that had been provided

by UN agencies in ensuring that the MDGs were implemented, and observed that the MDGs had been the most focused and result-oriented global initiative so far in combating extreme poverty.

Progress that had been made in eliminating poverty was the number of workers living on less than $1.25 a day had dropped by over 294 million between 2001 and 2011 but added that more was still required in this regard.

There had been progress made in providing access to portable water and the number of mortalities had halved between 1990 and 2010; these results differed from one region

to another. More than 1.2 billion people still lived in extreme poverty however and 870 million people were undernourished, including over 100 million children. There were 55 million children who still did not have access to primary school education and more than 123 million children were illiterate.

Mr Farrugia highlighted some of the main challenges that had made it difficult to attain the goals.

They included resource allocations, sustainable plans, financial and trading systems, security, stability and good governance and the waste of food and resources. There is a great need to collectively take responsibility in ensuring that social injustice brought about by extreme poverty was addressed.

Promoting the MDGs within the national plans Mr Agafili Tolovaa, MP, spoke about Samoa’s progress in achieving the MDGs and what challenges the country had been confronted with.

In the eradication of extreme poverty and hunger, the food poverty line was very low. There was still some level of hardship and poverty and this could not be measured by paid income in Samoa. Rising inflation was another challenge which made it difficult to eradicate poverty and hunger.

In ensuring there was an attainment of universal primary education, Samoa made education compulsory for children of ages 5-14, keeping in line with the ratification of the UN Convention of the Rights of

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WORKSHOP CTHE MILLENNIUM DEVELOPMENT GOALS the Child. Other challenges included retaining students at secondary schools and colleges, and delivering specialized teacher training for early childhood development and for children with special needs.

There had been some positive developments concerning the promotion of gender equality and the empowerment of women at both national and sectors levels. Parity had been achieved at primary, secondary and tertiary levels, with more women obtaining their tertiary qualifications and being appointed in leadership and management positions. The land and title Act 1981 in Samoa had provided both men and women equal rights and opportunities to hold titles, but violence against women still remained a challenge.

Child mortality was low in Samoa though infant mortality had increased slightly. The majority of Samoans had access to basic health services, but the regular supply of quality vaccines, better planning and maintenance of the cold chain included in the health annual budgets had been a challenge.

The total coverage of the population by public health programmes and preventative health services had proven to be another challenge for the government.

Mr Tolovaa reported there had been a general improvement of maternal health since 1990 and Samoa had attained 80 per cent reduction of its maternal mortality ratio between 1990 and 2005. The need for family planning however was something that still had to be addressed. Samoa has a low prevalence of those infected with HIV, but non-communicable diseases had increased and this placed a burden on the health system and the economy.

There was no qualitative research which detailed the at-risk youth or an update on non-communicable diseases.

The government had made progress implementing successful conservation programmes to ensure environmental sustainability, but environmental mainstreaming concerns still remained a challenge.

With a narrow base of resources

Delegates listening to the debate in Workshop C.

Samoa was therefore vulnerable to global economic shock. In order to develop a global partnership for development, there had to be a strong institutional and regulatory standard – including good governance – put in place for macroeconomic growth and stability. This requires fiscal discipline and sound financial management.

It also required private sector-led investment and employment opportunities for the youth.

Progress to date, what’s next?

Mr Charles Chauvel, UNDP, presented a picture of the progress made so far thus in attaining the MDGs by 2015. The processes by which the MDGs had been devised, adopted, refined and measured had all been described in detail. He noted the progress in particular of eight of the MDGs.

The target of reducing extreme poverty rates by half was met five years ahead of the 2015 deadline. In 2010, the poverty rate at $1.25 per day fell to less than half the 1990 rate.

Fewer than 700,000,000 people lived in conditions of extreme poverty in 2010 than in 1990. However, 1.2 billion people still lived in extreme poverty.

Enrolment in primary education in developing regions reached 90 per cent in 2010, up from 82 per cent in 1999. In 2011, 57 million children of primary school age were out of school. Even so, countries with the toughest challenges had made big strides, and overall progress on increasing primary school enrolment had slowed. Between 2008 and 2011, the number of out-of-school children of primary school age fell by only three million. Globally, 123 million

young people (aged 15-24) lacked basic reading & writing skills, and 61 per cent of these were young women.

Gender gaps in youth literacy rates were narrowing. Globally, there were 95 literate young women to every 100 literate young men, compared with 90 women in 1990.

Mr Chauvel informed that the world had achieved equality in primary education between girls and boys, but only two out of 130 countries had achieved that target at all levels of education. Globally, 40 out of every 100 wage-earning jobs in the non-agricultural sector were held by women in 2011; a significant improvement since 1990. In many countries, gender inequality still persisted and women continued to face discrimination in access to education, work and economic assets and participation

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WORKSHOP CTHE MILLENNIUM DEVELOPMENT GOALS Of all the developing regions, South America and Africa saw the largest net losses of forest areas between 2000 and 2010.

Global emissions of carbon dioxide had increased by more than 46 per cent since 1990. In the 25 years since the adoption of the Montreal Protocol on Substances that Deplete the Ozone Layer, there had been a reduction of over 98 per cent in the consumption of ozonedepleting substances. At Rio20+, world leaders approved an agreement entitled “The Future We Want”, and more than $513 billion was pledged towards sustainable development initiatives.

Despite pledges by G20 members to resist protectionist measures initiated as a result of the global financial crisis, only a small percentage of trade restrictions introduced since the end of 2008 had been eliminated. The protectionist measures taken so far had affected almost 3 per cent of global trade.

in government. For example, in every developing region, women tended to hold less secure jobs than men, with fewer social benefits. Poverty remained a major barrier to secondary education, especially among older girls, and women were largely relegated to more vulnerable forms of employment. Violence against women continued to undermine efforts to attain all goals.

Despite population growth, the number of deaths in children under five worldwide declined from 12.4 million in 1990 to 6.9 million in 2011, meaning that some 14,000 children per day were dying. Since 2000, measles vaccines had averted over 10m deaths.

Despite determined global progress in reducing child deaths, an increasing proportion of child deaths were in sub-Saharan Africa, where

one in nine children died before the age of five, and in Southern Asia, where it was one in sixteen. As the overall rate of under-five deaths declined, the proportion that occurred during the first month after birth had increased. Children born into poverty were almost twice more likely to die before the age of five than those from wealthier families.

Children of educated mothers – even mothers with only primary schooling – were more likely to survive than children of mothers with no education.

Maternal mortality had nearly halved since 1990. An estimated 287,000 maternal deaths occurred in 2010 worldwide, a decline of 47 per cent since 1990. All regions had made progress but accelerated interventions were required in order to meet the target. In eastern Asia,

northern Africa and southern Asia, maternal mortality had declined by around two-thirds. Nearly 50 million babies worldwide were delivered without skilled care. The maternal mortality ratio in developing regions was still 15 times higher than in developed regions, and the ruralurban gap in skilled care during childbirth had narrowed.

New HIV infections continued to decline in most regions. More people than ever were living with HIV due to fewer AIDS-related deaths and the continued number of new infections, with 2.5 million people newly infected each year. Comprehensive knowledge of HIV transmission remained low among young people, along with condom use. More orphaned children were in school due to expanded efforts to mitigate the impact of AIDS.

Recommendations from the Workshop: Recommendation One: “People everywhere need to be conscious of their responsibilities and should press governments and international developmental partners to augment, not deduct, resources dedicated to the MDG effort.”

Recommendation Two: “Parliamentarians must ensure all interventions are framed in the context of national development strategies that define appropriate actions to ensure the long-term sustainability of results.”

Recommendation Three: “That the challenges in meeting the MDGs by 2015 show why Parliamentarians must play a central role in ensuring a robust post-2015 development environment.”

Recommendation Four: “There is a need for the Research and Development budget to be prioritized towards a comprehensive human development strategy.”

All recommendations from the Workshop were endorsed.

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WORKSHOP D- INEQUITABLE RESOURCE SHARING 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Workshop D - 4 September 2013

Inequitable resourcesharing: a threat to democratic governance

Moderator: Dr. Mark Robinson, MP (Queensland) Discussion Leaders: Hon. Aminu Waziri Tambuwal, MHR, Speaker of the House of Representatives (Nigeria) Senator David Smith (Canada) Hon. S.K. Devamany, MLA (Malaysia) Mr Axel Schimmelpfenning, Senior Resident Representative in South Africa (International Monetary Fund)

Summary Delegates urged Parliamentarians to ensure that transparency, accountability, knowledge-sharing, good governance and effective leadership were the principles by which a nation managed its resource wealth. Resource extractive industries have to operate with consideration for social and ecological issues, while legislation has to address corruption issues. The CPA should continue to build the capacity of Parliamentarians for effective and responsive representation to mitigate the effect of inequitable distribution of resources.

Utilizing good governance to overcome inequitable resource distribution Hon. Aminu Waziri Tambuwal, MHR, stated that many Commonwealth

member countries had embraced democracy and had made significant progress.

However, many of these nations are still battling poverty, disease, ethnic militia groups, terrorism, pervasive corruption and perceived marginalization. Hence, all nations have to deal with the challenge of how to end a system which has made few people very wealthy while the majority suffer in poverty and disease.

He added that the unfair distribution of resources manifests itself in four different ways.

These include: the unequal distribution of a nation’s natural resources; excluding ethnic groups from the governance process; the uneven distribution of political appointments; and concentrating capital resources with a few, creating distinct classes of “haves and

have-nots”. He stressed that when resources were distributed equitably among the groups that comprised a nation, coupled with the opportunity to improve livelihoods, peace and progress would ensue.

Mr Tambuwal elaborated that the only weapon democratic states have to combat the problems caused by the inequitable distribution of a nation’s resources is good governance. Parliamentarians, therefore, have to ensure that transparency, accountability, knowledge-sharing, good governance and effective leadership are the principles by which a nation manages its resource wealth.

Policies should be developed to ensure that resource wealth benefits resource owners, and resource extractive industries should operate with consideration for social and

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Discussion leader Hon. S.K. Devamany, MLA, (left) and Moderator Dr Mark Robinson, MP (right)

ecological issues, while legislation should address corruption issues.

Nigeria, being the 10th largest oil producer in the world and largest in sub-Saharan Africa, is a “rich nation with poor citizens”, according to Mr Tambuwal. This was the result of inequitable resource distribution and corruption.

Nigeria, therefore, had adopted a legislative agenda that sought to reform its parliamentary process, identify legislative priorities and develop a programme of action to achieve its developmental goals.

These include: enhancing the quality and effectiveness of parliamentary oversight; developing an inclusive national budgeting initiative; developing a “gender-responsive” budget; and amending the

constitution to give effect to the new budgeting process.

In concluding his input, he expressed the view that legislators have the power to make their countries better for its citizens.

However, the capacity of legislators need to be continually enhanced to ensure that they remained effective.

Managing Extractive industries Senator David Smith stated that the key driver of natural resource extraction is economic and social development, and that the surge in demand for raw materials over the past decade, has been driven partly by the growth of emerging economies and the development of new technologies.

Approximately half of the

world’s natural resources were located in the poorest countries. Yet despite the growth of the resource extractive sector and its associated opportunities for supporting socioeconomic growth, many governments in resource-rich developing countries have failed to transform resource wealth into inclusive economic development. The main reasons nations fail to benefit from resource wealth, according to Senator Smith, included a lack of transparency; inadequate tax administration and collection; and widespread corruption.

Senator Smith stated that Parliamentarians and governments play an invaluable role in ensuring the equitable benefit sharing of resource wealth and mentioned a variety of measures the Canadian government

had implemented to improve the governance of extractive industries abroad and ensure the equitable distribution of resource wealth within Canada. These measures include: amending legislation that attempts to defy corruption and bribery committed

by Canadians abroad; and being a leading supporter of the Extractive Industries Transparency Initiative. At home, partnerships between mining firms and aboriginal groups serve to manage the impacts of mining and allowed for the sharing of benefits around resource development.

Senator Smith concluded by stating that good governance and management of the extractive resource sector helps maintain peace and stability while improving prosperity for all.

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WORKSHOP D- INEQUITABLE RESOURCE SHARING and publicly available information should be pre-conditions for ensuring that revenue generated from the exploitation of natural resources benefits all citizens.

In concluding, he stressed that Parliaments ensure that government and Extractive Industries are accountable and transparent.

Questions and statements from the workshop attendees centred on the development of legislation that would ensure the rights of all people in a society to have equal access to natural resources and draw benefit from its exploitation. There was also strong support for nations to develop a culture of total transparency and zero tolerance for corruption. The view was expressed that developed nations should assist developing nations with technology transfer and with selecting appropriate financial frameworks for the exploitation of natural resources.

Left: Attendees showing their endorsement of the recommendations; This page: Hon. Aminu Tambuwal, MHR, speaking in his role as Discussion Leader.

A broader definition of resources Hon. S.K. Devamany, MLA, stated that all nations were confronted with a broad array of global developmental challenges such as: differing political ideologies, differing value systems, and the challenges presented by natural or man-made disasters. He expressed a broader definition of resources that extended beyond natural resources and included a nation’s human capital, ideas, best practices, etc.

It was within this broader definition of resources that the Legislature, Executive and Judiciary need to interpret the will of the people and transform these sentiments into a legislative, social and developmental framework. Global institutions, such as the World Bank, United Nations, and International Monetary Fund, have to ensure financial and legislative

reforms and facilitate resourcesharing expertise.

Mr Devamany presented the Malaysian experience as a model for transformation. This transformation was based on the national objectives of unity, stability and moderation, the distribution of wealth to restructure society and good governance. The Malaysian Development Agenda, which spanned five decades, hopes to transform the economy into a knowledge-based economy and relied on the private sector to drive and stimulate economic growth that was inclusive and sustainable. It also aims for greater integration of the Malaysian economy with the global economy.

Mr Devamany concluded that the Malaysian Development Agenda centres on transformation programmes for the government, economy, society, rural and urban

sectors, and political regime.

Accountability and transparency Mr Axel Schimmelpfenning, IMF, said that management of natural resource revenue centres on macroeconomic stability, intergenerational fairness, appropriate state participation and effective spending.

He added that human capital is the current key driver of economic growth and thus widespread education has become the secret to growth.

Mr Schimmelpfenning described a number of fiscal regimes for Extractive Industries and stated that Parliament should be the ultimate oversight body with access to information on the extent and value of the nation’s natural resources.

Furthermore, transparency across all sectors, an open budget process

Recommendations from the Workshop Recommendation One: “The CPA should continue to build the capacity of Parliamentarians for effective and responsive representation to mitigate the effect of inequitable distribution of resources.”

Recommendation Two: “Natural resource extraction lies at the core of economic and social development, so Parliamentarians must address the critical issue of inequitable sharing of resource wealth.”

Recommendation Three: “‘People-centric’ must be the core of Parliamentarians who must lead the political will to transform the democratic fundamentals of their nations without fear or favour.”

Recommendation Four: “Ensure transparency to foster proper natural resource revenue use through clearly defined responsibilities, an open budget process, public availability of information and assurances of integrity.”

All recommendations from the Workshop were endorsed.

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WORKSHOP EAGRICULTURAL PRODUCTIVITY 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Workshop E - 4 September 2013

Role of Parliamentarians in Transfer of Technology and Research to Boost Agricultural Productivity Moderator: Hon. Julianna O’ConnorConnolly, JP, MP, Speaker of the Legislative Assembly (Cayman Islands) Discussion Leaders: Hon. George Nnensa, MP (Malawi) Hon. Shawkat Momen Shahjahan, MP (Bangladesh) Mr Tim Mulherin, MLA (Queensland) Mr Tony Worthington, Natural Resources Institute, University of Greenwich

Summary Delegates noted that Parliaments have to ensure that technological knowledge and research and development findings are appropriately disseminated and implemented to increase sustainable agricultural production. Appropriate policies benefiting farmers have to be developed and implemented to ensure that the existing infrastructure and capacity safeguard food security. Therefore, Parliaments must spearhead the debates on the ethics of food production.

Discussion Hon. George Nnensa, MP, spoke about the global vulnerability concerning food security and argued that the expansion of arable land at the expense of fragile ecosystems,

further exacerbated the problem.

Malawi currently employs various (simple and advanced) technologies to increase its agricultural production and the adoption of particular technologies crucially hinges on its endorsement by lead farmers and farm extension workers. Mr Nnensa felt that two aspects have to be considered when introducing new technologies and research findings to farmers. These are: the environmental impact of the technology or research; and whether it is economically viable and secures the approval of the government. Parliamentarians have to ensure that the relevant departments of agriculture have: the capacity and infrastructure to transfer technologies to the farmers; exercise oversight to ensure that government approves the technologies being

used; and that the technologies are relevant and are being monitored for effectiveness. Parliamentarians also have the responsibility of ensuring that agricultural research and extension services are adequately budgeted for. In addition, it is vital that Parliamentarians, who are also farmers, play an active role in promoting the use of technologies that have a positive effect on agricultural production.

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Discussion leaders Hon. Shawkat Shahjahan, MP, (left), Mr Tony Worthington (centre) and Mr Tim Mulherin, MLA, (right).

Hon. Shawkat Momen Shahjahan, MP, said that the global challenge is feeding an ever-increasing population with a variety of foods while faced with a decreasing agricultural land base and the degradation of natural resources.

Hence, Parliamentarians are crucial in ensuring accountability in all public agencies, guiding the relevant agencies to significantly accelerate agricultural production,

and advising and influencing the adoption of agricultural technology development and improved farming practices. Moreover, Parliamentarians have to monitor the suitability of the various inputs to enhance agricultural production and ensure that policies are adopted in a timely manner to ensure that any deficiencies in the system are addressed.

Mr Tim Mulherin, MLA, reiterated the challenges faced by

the agricultural sector, namely, the increasing global population, the effects of climate change, and the decreasing amount of arable land.

These challenges need innovative solutions and the early adoption of new technologies. Mr Mulherin felt that the widespread diffusion of advances in agricultural research and development will ensure agricultural production increases.

Therefore, Parliamentarians

play an active role in promoting the adoption of technology to increase food production. Furthermore, they have to encourage increased public and private sector investment in agricultural research and development, as well as encourage the creation of larger, more diverse scientific organizations that focus on agricultural productivity. In conclusion, he argued that politicians have to also ensure that the requisite education

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Left and right: two participants from the Workshop contributing to the discussion

and training initiatives are undertaken to better manage and enhance productivity.

Mr Tony Worthington, Natural Resources Institute, advised that much better use should be made of the knowledge (technology, research findings) that was already available.

He stated that technology transfer was about getting the information to those that needed it and assisting them on how to use it appropriately.

Here Parliaments could be a formidable resource for intellectual energy and sense of direction, or the reverse. Currently, huge policy gaps

exist with regard to seed policies, soil health, land and property rights and climate change.

However, despite research providing solutions, the skills to implement these solutions are lacking. Mr Worthington offered a range of approaches Parliaments could implement to ensure wider diffusion and uptake of technology and research findings.

In addition, Parliaments have to contribute to capacity strengthening initiatives, consider how to deal with cross-departmental issues to aid the holistic implementation of policies and

ensure that it receives independent, expert information to competently undertake its own investigations.

Finally, Mr Worthington recommended that Parliaments investigate how the power of the digital revolution could be harnessed to transfer knowledge effectively to boost agricultural productivity.

The first question posed by participants centred on the appropriate use and role of subsidies to increase agricultural production.

The discussion leaders expressed differing views on the use of subsidies, but all agreed that careful

consideration should be given to what the subsidy was meant to achieve.

A delegate enquired how Parliaments should deal with crosscutting issues and the response was that a holistic approach was essential and that issues before Parliament pertaining to agricultural production should be dealt with as a collective.

Further questions and statements pertained to the sustainability and ethics of agricultural production, the economic impact that genetically modified food would have on food

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prices and the delimiting factors affecting technology transfer.

There was general agreement that science could provide appropriate solutions for increasing agricultural productivity sustainably, but that these solutions would only be effective within the appropriate policy regimes.

Conclusion Parliaments should ensure that technology and the knowledge available from research and development is appropriately disseminated and implemented to increase sustainable agricultural

production. The development of appropriate policies benefiting farmers should be warranted and implemented and suitable infrastructure and capacity should be in place to guarantee food security.

Parliaments must be at the forefront of debates regarding the ethics of food production and the implications of new technology, research and development in this regard.

Recommendations from the Workshop: Recommendation One: “Parliamentarians must lobby

governments to ensure that the relevant departments of agriculture have the capacity to transfer technologies which will directly reach out to the farmers.”

Recommendation Two: “Parliament may ensure the value of democratic governance, rooted with meaningful coordination and understanding amongst Legislature, bureaucracy and implementing agencies to foster agriculture development process.”

Recommendation Three: “Parliamentarians must encourage the creation of collaboratively

funded research and development organizations and promote new technology through specialist commercialization units that work directly with farmers.”

Recommendation Four: “National Agriculture Committees should investigate with companies such as Microsoft, Apple and Vodafone how their Digital Revolution can most effectively promote our Green Revolution.”

All recommendations from the Workshop were endorsed.

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WORKSHOP F PARLIAMENTS AND PMOs 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Workshop F - 4 September 2013

Governing Democratically in a Tech-Empowered World: Deepening Partnerships between Parliaments and Parliamentary Monitoring Organisations (Pmos)

Moderator: Hon. Dr Pambos Papageorgiou, MP (Cyprus) Discussion Leaders: Hon. Dr. Benjamin Kunbour, MP (Ghana) Hon. Rana Afzal Hussain, MNA (Pakistan) Hon. Dave Levac, MPP, Speaker of the Legislative Assembly (Ontario) Mr Scott Hubli, National Democratic Institute

Summary Delegates examined the use of technology in the dissemination of information to the public and the role played by Parliamentary Monitoring Organizations (PMO).

While there was scepticism around the passing of protection of information bills in many countries, the adoption of the Declaration on Parliamentary Openness by all PMOs was considered a step in the right direction in monitoring the work of Parliaments.

The role of PMOs should also cascade down to State or Provincial Legislatures in order to increase public participation and sharing of information. Public education around the role of Parliament is a crucial

component and technology could be employed to assist in this regard.

Discussion The development of evolving technology has changed the world we live in, particularly in respect to the way Parliaments use technology.

The deliberations on this topic emphasized the usage of technology in the dissemination of information to the public and access to information

by Parliament. However whilst there is scepticism around the protection of information bills being passed in many countries, it is important to note the difference between secrecy and privacy. Secrecy should be avoided and Parliamentarians have the responsibility to provide the truth

and eliminate gaps that create an opportunity for others to fill.

During the session it was stated that the use of social media is one platform that could assist in increasing public access to information including in rural areas, though caution still has to be exercised.

The adoption of the Declaration on Parliamentary Openness by all Parliament Monitoring Organizations (PMOs) with regard to the setting of benchmarks and standards was the step in the right direction in monitoring the work of Parliaments.

There was an emphasis that the role of PMOs should also cascade down to state Legislatures, in order to increase their role of increasing public participation and dissemination of

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A delegate speaking at the Workshop

information. Public education around the role of Parliaments is a very crucial component and the technology could be employed to assist this area.

Benefits of using technology in Parliament Dr Benjamin Kunbuor, MP, acknowledged that while Parliament has an overarching role of legislation, budgetary control and oversight of the Executive, it also has to partner with civil society organizations like PMOs for openness, transparency and participation of the society.

Large volumes of information is being discussed and communicated every day and if Parliaments are to be effective, they have to take advantage of the opportunities that ICT provides in disseminating such information.

This is significant in promoting democracy to ensuring access to information, transparency and proper accountability including public participation is in place.

Parliamentary monitoring organizations are there to provide access to information about Parliament and its functioning, public policy and legislation with the aim of making Parliament and MPs more accountable to citizens.

Getting citizens to be more active in the affairs of the country, through different platforms, is one of the main credentials of a democratic government.

As a result the functions of PMOs are to explain how Parliament functions and encourage public participation. The role played by PMOs differs from country to country.

When Parliament and PMOs work together, it closes the information gap that exists between Parliament and its citizens, better explains the legislative process and helps people understand the legislation in its simple form.

Moreover, it helps monitor and assess the functioning of Parliament of their individual members, resulting in more

transparency and openness and an increase of accountability.

Dr Kunbour highlighted a few factors that make it difficult to attain these technological aspirations, the first one being the cost of infrastructure; technology is still expensive within the African continent. The second factor is accessibility. Some MPs do not have access to computers or laptops.

Research conducted by the World Bank Institute concluded that 20 per cent of respondents did not have access to personal computers.

Third, is the lack of knowledge of new technology. While the internet has been globally welcomed, it still poses a risk to democratic dialogue.

Its openness offers the means for disaffected individuals or groups to carry out activities intended to undermine democratic institutions.

The Freedom of Information Act, which is still to be passed in many countries, is another challenge since

most Parliaments are unwilling to divulge sensitive information.

Dr Kunbour proposed a number of solutions to the effect that PMO’s could use part of its donor-sponsored funds to educate MPs and citizens about the benefits of ICTs. He also urged MPs to obtain personal computers and internet services. In the meanwhile they could engage with citizens through the use of mobile phones.

The role of Parliamentarians and PMOs Hon. Dave Levac, MLA, highlighted two perspectives: using technology to its full potential in disseminating parliamentary information; and the Parliamentarians role in promoting civic understanding of Parliament.

He indicated that the rise of social media and ICTs has increased the speed and breadth of political information. However there has not been any increase

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of political understanding, and as such Parliament has to ensure that information is explained and put into context. In this regard, public participation and education is critical.

Two PMOs in Canada publicly supported the Declaration on Parliamentary Openness which intended to provide a common standard for PMOs. These were Openparliament.ca and Citizenbridge. org. Other citizens use less formal web-based platforms which are run by groups of independent citizens.

However SamaraCanada offers a special contribution for public education because it is dedicated to research and education about Parliament, politics, and public participation in Canada.

Governments and Legislatures around the world have started to experiment with a variety of modern ways to communicate with citizens and encourage their involvement in politics. Parliament plays a role in bridging the gap between elected

officials and the public not only by informing but by educating them.

Members of Provincial Parliaments (MPPs) and the Legislative Assembly of Ontario have incorporated new technologies in their routines, and MPPs are making use of ICTs, especially social media, to reach out to citizens. Ontario has a fair history on the usage of technology whereby legislative procedures have been recorded.

Improving parliamentary performance in a tech-enabled world Mr Scott Hubli from the National Democratic Institute (NDI) acknowledged the progress that the Commonwealth Parliamentary Association has achieved in implementing the Recommendations for Transparent Governance and the Recommended Benchmarks for Democratic Legislatures. These have since been replicated in other parliamentary associations and

other countries have used the CPA benchmarks to review their own institutional performance.

He indicated that PMOs in other countries continued to monitor the work of Parliaments and as a result citizens are increasingly using ICTs, including mobile and social media in their daily lives. As a result Parliaments, Parliamentarians and PMOs are using ICTs to enhance the ability of citizens to provide inputs into the work of Parliament.

With the increase usage of technology, Parliaments have to respond to the new security risks.

As a result of ensuring transparency and access to information for citizens, the CPA established a study group which developed the recommended benchmarks in order to help Parliaments measure themselves, in their own reform and modernization efforts to make Parliaments more effective and democratic institutions.

The Study group made the recommendations on the following

issues: • Refining the benchmarks: They called for the review of the benchmarks in order to ensure that they provided an opportunity for dialogue between the CPA Parliaments and Commonwealth PMOs; these should not be overly prescriptive.

• Parliamentary openness: The study group called for the government and public bodies to attend the problems of secrecy, they also called for Parliamentarians to promote and support openness by being open themselves. They also indicated that Parliament should lead in opening up its own practices and procedures to the general public. The development of ICT brought to light the openness and divulgence of greater information in open formats. The PMOs were there to help Parliament effectively carry out their oversight responsibility. As a result they had requested that the “open date” principle which was contained in the Declaration on

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Social media being a platform to disseminate parliamentary information and a platform for Parliamentarians to be actively engaged with citizens was reiterated.

Mr Levac reinforced the point that secrecy should be avoided and Parliamentarians had the responsibility to provide the truth and eliminate the gaps.

However Mr Hubli argued that to some extent some information needs to be dealt with behind closed doors.

Peace agreements for example, are conducted in private but the public still needs to be informed. Dr Kunbour responded that there is a need to move towards open sessions, given the public nature of Parliamentary work.

Left: Hon. Muhammad Uteem, MP, Mauritius; This page: Deputy Sandra James, Guernsey

Parliamentary Openness be reviewed in order to reduce the barriers faced

by PMOs in making information available to citizens in formats that were useful.

• Parliamentary use of social media: The study group noted that the use of social media could be effective in providing information to the public by educating citizens about the work of Parliament. As a result this should be considered for a review in the Benchmarks.

• Benchmarks for democratic parliamentary behaviour: The study group recognized that Parliament had a responsibility to build public trust and therefore it was obliged to account for its actions more regularly than ever before. They recommended that there be an ethical governance section which would cover transparency and integrity.

• Collaborations between Parliaments, CPA and PMOs: There was a greater need for the parliamentary leadership, senior staff and PMOs to communicate in order to achieve the common goal. It was important that the CPA Secretariat identified and worked with independent non-partisan PMOs within the Commonwealth in order to provide support, expertise and commentary on future CPA recommendations or study groups.

Technology has changed the world Hon. Rana Afzal Hussain, MNA, also expressed the same sentiments by adding that Parliaments should be more responsive to the demands of access to information in order to reach every citizen through technology.

He indicated that PMOs are useful

in modern times, and that the different roles PMOs play in different countries and their use of technology help strengthen components of democratic governance such as accountability, transparency and public participation.

Mr Hussain further stated that in Pakistan they have many such organizations which have in turn helped strengthen the components of democratic governance. These organizations have been active at all state levels, from district, provincial to the central government. The PMOs in Pakistan play this role by holding seminars, symposiums, round table discussions and conferences.

Comments Hon. Lulama Smuts Ngonyama, MP, South Africa, commented that his government supported the use

Recommendations from the Workshop: Recommendation One: “Democratic governance has assumed global significance roles; Parliaments and Parliament Monitoring Organisations play complementary roles in governance processes. ICT should provide an interface for such processes.”

Recommendation Two: “Enhancing public participation and education about Parliament involves more than using technology to provide information; Parliaments must ensure information is explained and put into context.”

Recommendation Three: “The Commonwealth Parliamentary Association endorses the principles of the Declaration on Parliamentary Openness and should develop recommended benchmarks for democratic parliamentary conduct.”

Recommendation Four: “The role of Parliamentary Monitoring Organizations should be enhanced to make Parliamentarians, especially young Parliamentarians, performance up to mark and make the Parliament Committees effective.”

All recommendations from the Workshop were endorsed.

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WORKSHOP G SEPARATION OF POWERS 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Workshop G - 4 September 2013

SEPARATION OF POWERS AND GOOD GOVERNANCE

Moderator: Hon Henry Chimunthu Banda, MP (Malawi) Discussion Leaders: Hon. N.S de Silva, MP (Sri Lanka) Deputy Roy Le Hérissier (Jersey) Hon Michael Carrington, MP, Speaker of the House of Assembly (Barbados) Justice Charles Mkandawire, Vice President (CMJA)

Summary Delegates discussed the origin and development of the doctrine of Separation of Powers and the importance of good governance.

Discussions centered on the differences between developed and developing countries, those that have written and unwritten constitutions, and the difficulties experienced by Small States regarding separation of powers.

It was proposed that if Legislatures wanted to fulfill their responsibilities effectively, they needed to be financially and administratively independent.

Discussion Hon. N.S De Silva, stated that the world is governed by monarchies of some form or by tribal leaders/ kings. All the powers are vested in this

person as the lawmaker, executor and judge. Reform had to take place, hence the coining of the doctrine by French political thinker Montesquieu and the separation of the three arms.

The cardinal principle enshrined in the separation of powers is that people in one area should not be controlled by those in another. It is important that there should be no over-concentration of power within any arm of government.

He traced the origins and developments of the doctrine and emphasized that each Branch has separate powers and a distinct area of responsibility. Though the roles of the Judiciary interpreting the law, the Legislature formulating laws and the Executive executing policies have long been standard practice, Mr De Silva argued there are difficulties with the concept in the modern day. This

is due to not seeing the full operation of the theory in practice coupled with no strict separation between the three arms. Stressing the importance of free and fair elections, he referred to the independent Judiciary and the checks and balances in ensuring each of the arms properly executes its responsibility.

Good governance on the other hand relates to improving the quality of governance which is essential for economic development.

Many studies have highlighted the positive correlation between good governance and economic performance. Some indicators include accountability, political stability, effectiveness, rule of law and the control of corruption. Quoting a popular economics journal he stated that good governance is not only critical to development but that it is the

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A participant partaking in the discussion

most important factor in determining whether a country has the capacity to use resources effectively to promote economic growth and reduce poverty. He drew the links between the doctrine and good governance and concluded that for the one to be effective, the other was also required.

Deputy Roy Le Hérissier started his presentation by agreeing with much of the theoretical background given by the previous Discussion Leaders. He referred to good governance as “the process by which authority is exercised in managing national resources and the capacity which exists to formulate and implement policies and discharge functions”. He discussed the differences between the presidential and parliamentary systems and emphasized the importance of an independent civil service, arguing that the civil service should not be micromanaged.

Deputy Le Hérissier expressed

that under the Westminster system, the Legislature is often seen as subordinate to the Executive, and control could be considerable where parties existed especially in a country where there was a strong majority party. Characteristics of small jurisdictions that could influence practice and theory include: • The multiple roles paled by personalities; • Difficulties in guaranteeing the independence of institutions; • Manpower shortages and skills shortages; and • Politicization of institutions and issues leading, for example, to pressure on civil service and micromanagement.

He stressed that the political behaviour in small states differ given they have their own peculiarities. For instance, they are experts at curbing hostility, deferring their own views,

containing disagreements, and avoiding disputes in the interests of stability and compromise.

As a way forward, he suggested that special attention be paid to mechanisms to ensure the impartiality of administration and justice. Processes which rely on independent decision making should be particularly robust. Appeal systems and complaint bodies should have a strong independent element and Parliamentarians should be able to operate independently of the Executive through scrutiny mechanisms that have been vested with significant powers. In conclusion, he stated that party affiliations should be “left at the door” and that regular reviews of institutions and their effectiveness should be conducted.

Hon. Michael Carrington, MP, provided a definition of a “pure doctrine” of the separation of powers.

This is essential for the establishment and maintenance of political liberty

for the government to be divided into three branches or departments namely the Legislature, the Executive and the Judiciary. To each of these Branches there is a corresponding identifiable function of government.

Each Branch of the government should be confined to the exercise of its own function and not be allowed to encroach upon the functions of the other Branches. Furthermore, the persons who compose these three agencies of government should be kept separate and distinct, and no individual should be allowed to be a member at the same time of more than one Branch. In this way each of the branches will be able to check the other and no single group of people will be able to control the machinery of the State.

Mr Carrington stressed that it is virtually impossible to find the formulation, as stated above, being implemented anywhere. Referring to Montesquieu, he stated that the

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Delegates at the Workshop

treatise is more about how power is being wielded instead of who is wielding it. As the Legislature is the only arm of government which the people directly choose, it has to be constitutionally supreme or democratic government will not exist.

He also advised Parliamentarians to view the Civil Servant as their friend, recognize their skills and treat them with respect.

Distinguishing between the judicial function being essentially retrospective, formative and specific, he contrasted this with the legislative function which is prospective, prescriptive and general, based on an analysis from New Zealand MP, Dean Wells. He was of the view that what needs to be appreciated is that the doctrine was ideally a theory of government, the major objective of which is the facilitation of good governance by appropriate specialization. Mr Carrington stressed Parliamentarians need to put the doctrine into its proper context as an ideal of good government and to use it as a basis for the adoption of structures, processes and controls which protect liberty now and in the future.

He stated that the positives of the

doctrine far outweigh the negatives.

Some of the positives include: • Convention of the independence of the Judiciary; and • Presence of conventions which govern what is a matter for Cabinet and what is a matter for Parliament.

• Some of the negatives of the application of the doctrine include: • Centralization of too much power in the hands of the Prime Minister; and • The spectre of the separation of functions but not of personnel.

What is of critical importance is that, irrespective of whatever system is being utilized, it should be fair within the context of the system of government. He concluded on a rhetorical note asking participants “generally speaking, although more needs to be done, the doctrine has ensured such fairness to date – or has it?”

Justice Charles Mkandawire focused his presentation on the Commonwealth (Latimer House) principles which were adopted

by Commonwealth Heads of Government in Abuja, Nigeria in December 2003. He stated that at

this juncture we should be reminded as to what has become of these principles in our respective subregions and countries. He was of the opinion that the purpose of good governance is the progressive wellbeing of the people (development) and the prevention of concentration of power in one Branch of government.

The ultimate focus should be on how best to serve the people. He stated that the antiquated doctrine of separation of powers has never been a correct reflection of politics and there is more cooperation than separation amongst the three branches of government.

It is in this context that the Latimer House Principles use the term “relationship between the three branches.” It is however clear that most States have entrenched constitutional democracy where all state organs is subject to constitutional imperatives. This has led to what constitutional experts call the doctrine of constitutional supremacy.

The principles specify that: • Each institution must exercise responsibility and restraint in the exercise of power within its constitutional sphere so as not to encroach on the

legitimate power vested constitutionally on other institutions.

He focused on the independence of the Judiciary and its responsibility to interpret and apply national constitutions and legislation to secure the following aims: • Judicial appointments should adhere to clearly declared criteria and be transparent; • Provisions for the security of tenure and remuneration; • Adequate resources should be provided; • Judicial officers should be subject to suspension or removal only for reasons of incapacity or misbehaviour; and • Court proceedings should be in public, unless the law or overriding public interest otherwise dictates.

In the oversight of government, the promotion of zero tolerance for corruption is vital to good governance.

Steps that can be taken to encourage this include the establishment of scrutiny bodies such as Public Account Committees and the Ombudsperson. The promotion of government’s transparency and

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accountability by an independent and vibrant media which is responsible, objective and impartial should also be encouraged.

In conclusion he stated that the three branches should recognize the role that civil society plays in the implementation of Commonwealth’s fundamental values and should strive for a constructive relationship with civil society.

He was heartened to note that Commonwealth Heads of Government have acknowledged the critical importance of a proper working relationship between the three branches. It is for Parliaments, Judiciaries and the Executive to guard these principles jealously whilst at the same time recognizing the need for appropriate interaction between them.

From the floor Hon. Wade Mark, MP, Trinidad and Tobago, suggested that the principle of the doctrine should also be analyzed alongside the distinction between developed and developing states.

This is because some developed countries have a situation where Parliament is supreme with an unwritten constitution, while others

have a written constitution that is supreme. Because of these differences the operationalization of the doctrine and the independence of the Legislature from the Executive is problematic. In countries where the Legislature’s budget is controlled by the Executive and where the Legislature cannot appoint its own support staff, challenges with the doctrine are likely to be more profound. He concluded that there could be no accountability and transparency if the Legislature is not financially and administratively independent.

Dr Charanjit Singh Atwal, MLA, Punjab, India, argued that democratic institutions should be able to adapt, reflect and satisfy the aspirations of the people. He referred to the writers of India’s constitution who had the foresight to conceive the principles which should be fundamental in the governance of the country and in the interests of its citizenship. Its preamble expresses the solemn resolve of constituting India into a Democratic Republic. Contrasting various systems used for instance in the United Kingdom and in the United States, he concluded that there was no question of any organ of the state

being sovereign. He elaborated on how a dispute of transgression of power between two organs could be resolved, sometimes at the level of Head of State and other times through the courts. He summed up with reference to the Swiss system where provisions exist for both initiative and referendum to decide specific issues by popular vote. In conclusion he referred to the role of the press in upholding the tenets of democracy.

Mr Simon Thomas, AM, Wales, made two points related to the doctrine. The first was that many Legislatures have a quasi-federal model where Parliaments legislate for their own jurisdictions but these can be subject to the sanction of the national Parliament. Recently they passed a Bill but it was taken to the Supreme Court, undermining its independence and legislative authority. The second point related to the importance of independent advice and the ability of a Legislature to appoint its own support staff. This was very serious matter that required the necessary consideration as it directly impacted on the independence of the Legislature.

Mr Chandreshwar Singh, MLA, Jharkhand, explained that the doctrine is the idea that a government functions best when its powers are not concentrated in a single authority but divided among different groups.

Relating the theoretical foundations, he stated that even when the different powers act within the ambit of their own power, overlapping functions tend to appear among these organs.

He reiterated that the accumulation of all powers, Legislative, Executive and Judiciary, in the same hands could embody the very definition of tyranny. He concluded that “power corrupts and absolute power tends to corrupt absolutely”. Listing relevant cases testing the doctrine in India and lessons that could be gained from it, he stated that constitutional provisions to support a parliamentary form of government cannot be rigorously followed. Constitutionalism, the philosophical concept of the

constitution, also insists on limitation being placed upon governmental power to secure basic freedoms of the individual. Hence, the conclusion is that there is no strict separation of powers but the functions of the different branches of the government have been sufficiently differentiated.

Rt Hon. Rebecca Kadaga, MP, Uganda, shared with the workshop that there is a major challenge in her country regarding the position of the Attorney General. While the latter advises the Executive on the one hand, on the other they are also expected to defend the Legislature, not only creating a conflict of interest but also compromising the independence of the Judiciary.

This is also in contradiction to the professional service that should be expected from this office if the doctrine of the separation of powers is to be fully operationalized.

Recommendations from the Workshop Recommendation One: “The concepts of the separation of powers and good governance must take into account the need for rapid political, social and economical development.”

Recommendation Two: “Parliamentarians must be able to operate independently of the executive through scrutiny mechanisms that are invested with significant powers and provided with adequate resources.”

Recommendation Three: “Commonwealth Parliaments should ensure the promotion of awareness of the Latimer House Principles and enact legislation to preserve Judicial Independence and Judicial Accountability.”

Recommendation Four: “Radical constitutional reform is necessary to ensure the successful existence of the doctrine of the separation of powers and by extension, continued good governance.”

The Workshop concluded with the endorsement of the four recommendations.

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59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Workshop H - 4 September 2013

Policy Solutions for Caring for an Ageing population Moderator: Hon. Asser Kuveri Kapere, MP (Namibia) Chairman of the National Council Discussion Leaders: Hon. Stephen Wade, MLC (South Australia) Ms Irene Mathyssen, MP (Canada) Dr Lam Pin Min, MP (Singapore)

Summary Delegates discussed the increase of life expectancy and the quality of life of senior citizens. They also examined how to improve and support policy directives and decision-making for the ageing population. It was considered that Parliamentarians would develop an effective legislative framework to ensure that the aged population should be assisted with reasonably comfortable homes in their community. Consequently, although countries were not equally resourced, it was important that policy makers and legislators should ensure that programmes and policies were developed for improved quality of life and dignity for all senior citizens.

Challenges of an ageing population The increasing cost of living is negatively impacting an ageing population who no longer earn a competitive income. Consequently, access to health institutions for services has become a challenge given they cannot afford the high cost of medication and support.

Placing the ageing population in

old people’s homes has also become a challenge to both elderly people and their families. When placed in such institutions, elderly people frequently suffer from isolation and loneliness, and in some cases become vulnerable should they lose the capacity to make their own decisions about their treatment and care.

The role they used to play, that of being part of the social fabric of the community and within the family has lessened. In turn, many elderly people have had to initiate new friendships and forge new networks.

Policy solutions The ageing population has become a major social challenge and there is a need to give more attention to their care and protection. This inlcudes providing sufficient and nutritious food, clothing, housing, and available and easily accessible healthcare. It is therefore imperative that economic conditions, social equality, community relations, family structures and government policies are enhanced.

Basic means of subsistence Policy solutions should ensure

that the economic system makes provision for basic means of subsistence for the ageing population.

An economic system of strict capitalism and the philosophy of individualism, as applied to the aged, must be replaced by one that is more family orientated. In the context of African countries, an African Agricultural Revolution such as those implemented in African rural villages should be initiated. This helps to ensure sufficient food production in rural villages to safeguard food security. A revolution that enables people from rural villages to produce enough food to meet their necessities can become the foundation and base for food production in that region or country.

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Discussion leaders Ms Irene Mathyssen, MP, Canada, and Hon. Stephen Wade, MLC, South Australia

Advance care directives The quality of life of ageing citizens can be improved through advanced care directives. As people age, they increasingly face an extended period of dependence, and an inability to make their own decisions. Decisions made for a person during this period will determine their quality of life in accordance with their values.

Parliamentarians should consider enacting a national framework for advanced care along with proposals for a policy framework for consistent national advanced care directed by law and policy. This framework will call for experts to draft a single written document covering preferences for future care and directions in relation to health, medical, residential and

other personal decision making. It will also record a person’s values and preferred care and it could specify care and treatment options the person would like or not like to follow.

An advanced care directive can also be used to appoint one or more substitute decision-makers to make decisions on behalf of a person whose decision-making capacity is impaired. It additionally gives people the opportunity to specify their values or cultural considerations, their future goals and what is meaningful to them.

The policy will also provide for formal advice and mediation services to be provided by the public advocate who has the power to give non-binding declarations in relation to a limited range of disputes. It will provide for

the formal dispute resolution process to give binding directions in relation to a dispute or to refer a matter to the public advocate for mediation.

Therefore, Parliaments in acting as guardians of basic rights: • Are well placed to protect the basic rights of citizens as they age by ensuring that a person’s preferences and directives are known and respected as they lose decision-making capacity. Legislation to support advance care planning and directives can help in this task; • Can ensure that the legislation and processes for directives respect the cultural diversity of their communities. An advanced care directive empowers a competent adult to

appoint a culturally-appropriate decision-maker and it also stipulates a collaborative decision making process; • Can use advanced care directives to protect citizens from harm and also to protect health and care professionals from criminal and civil liability if they abide by the terms of the directive in good faith and without negligence; and • Can ensure that the implementation of advanced care directives provides appropriate support.

Ministerial Committee on ageing To address the challenge of an ageing population, a Ministerial Committee can be initiated and

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This page: Datuk Doris Sophia Brodi, Malaysia; Right: discussion leader Dr Lam Pin Min, MP, Singapore

placed under a relevant minister, as in Singapore where the committee has been formed and placed under the Minister for Health.

Its vision is to enable senior citizens to age in place within their homes and in their communities. The committee consists of three work streams, namely: • Active ageing and employability which encourages physical activity,

fitness, mental wellness and social engagement for seniors; • Aged care infrastructure, which oversees the physical planning and development of aged care facilities and champions the development of a senior-friendly built environment; and • Quality aged care and manpower which develops a continuum of home-based health and social care services, caregiver support and to develop manpower capacity and

capabilities to support the aged care sector.

In dealing with the aged population, a two pronged approach can also be adopted; it should aim to keep seniors healthy, active and safe in the community and to provide quality care that is accessible and affordable to seniors who require it. Policy legislation for the ageing population can make provisions for:

• The formulation of a Wellness Programme that will keep the ageing population healthy by encouraging regular health screening, participation in interest groups and the promotion of learning opportunities; • Setting up of Senior Activity Centres to provide monitoring and support to low-income seniors, particularly those in low-cost public housing;

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• Senior Group Homes that will enable the low-income senior population, requiring some assistance with daily activities, to live in the community. It will also provide for support under the Enhancement for Active Seniors Programme that offers funding for seniors to acquire homes at a subsidized rate; and • The intervention of the government’s public housing department to build studio apartments that are designed to meet the needs of elderly persons.

Parliament may also enact a policy

that provides a package of subsidy enhancements for intermediate and long term care, which includes raising means tests subsidy levels and an insurance scheme that provides basic financial protection to cater for those who require long term care.

Parliamentarians should foster a society where seniors can age within their homes and in the community through a proper legislative framework. Though countries cannot be equally resourced, it is important that policy makers fulfill their obligations of putting programmes and policies in place that ensure

the quality of life and dignity of senior populations in retirement.

An African agricultural revolution should be initiated, that will revive, modernize and increase productivity in African villages. These initiatives will strengthen the collective nature and philosophy of African villages and the role of the elderly in the life of the community.

Recommendations from the Workshop Recommendation One: Parliament should empower senior citizens to decide on their care and

treatment and protect professionals who respect these decisions.

Recommendation Two: Commonwealth countries are facing a population that will live longer so governments and Parliaments must investigate all options in establishing care systems for ageing populations.

RecommendationThree: Parliamentarians should foster a society where seniors can age in peace within their homes and the communities.

All recommendations from the Workshop were endorsed.

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CWP 1 - WOMEN’S POLITICAL PARTICIPATION

59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Commonwealth Women Parliamentarians: Session 1 1 September 2013

Increasing Women’s Political Participation: Leadership, Electoral Systems and Campaign Funding

Moderator: Hon. Alix Boyd Knights, MHA, Speaker, House of Assembly (Dominica) Discussion Leaders: Hon. Elizabeth Burain, MP, (Bougainville, Papua New Guinea) Hon. Lindiwe Maseko, MPL, Speaker, Provincial Legislature (Gauteng, South Africa) Hon. Susan Truppe, MP, Parliamentary Secretary for Status of Women (Canada)

Summary Delegates observed that women’s political participation should be continuously monitored and assessed.

They further recommended that all Commonwealth Women Parliamentarian (CWP) Chapters should embrace the CPA Strategic Plan in order to advocate for increased women’s political participation in their respective countries.

They recognized that the CWP had a critical role to play in increasing female representation in Parliaments, as well as mainstreaming gender considerations in all CPA activities and programmes.

They further advocated that CPA and CWP should consider involvement of the leadership of

political parties to ensure greater awareness about women’s issues.

Promoting gender equality The campaign for gender equality is not progressing fast enough. Hon. Elizabeth Burain, MP, Bougainville, stated that while progress had been made, there is still more that needs to be done.

Influences from the local government, a country’s cultural values and its sovereignty greatly shapes the different situations in regions and countries.

A holistic approach to women’s empowerment is needed and it should start with women changing the attitudes of their daughters and mentoring young women. Concerns were raised about the sexualisation of young girls and the importance of

nurturing a positive image of girls and women. In this regard, young boys and men also need to be educated about women’s rights. Above all, patriarchal systems and attitudes need to be transformed, given that the system of patriarchy is used to place women within the private arena of the home and men in the public sphere.

Women therefore face the challenge of negotiating their entry into the public space according to material opportunities available in a given culture and society.

Hon. Lindiwe Maseko, MPL, Gauteng, argued that in order for women to be empowered to participate in the political sphere, patriarchal systems and attitudes need to be transformed through the education of women, men and society as a whole. In addition, investments

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Discussion leaders Hon. Lindiwe Maseko, MPL, (left) and Hon. Susan Truppe, MP (right).

should be made in women’s social and economic wellbeing so that they feel secure and confident to participate in politics. Women need to have access to information and education, healthcare and social services and not be subjected to poverty or violence. The enforcement of women’s social and economic rights is intrinsically linked to their political rights and in turn their ability to be able to participate as political actors in society.

Hon. Susan Truppe, MP, Canada, stated that governments should start from the premise that society as a whole benefits when women and girls are full participants in every aspect of daily life. This participation should start at the grassroots level

all the way through to the Cabinet.

She continued by encouraging countries to build women’s leadership capacity by providing leadership and management training for women with the aim of building the capacity of those that may have political aspirations.

Training should foster qualities that are important to political success, such as self-confidence and assertiveness, and should help women overcome cultural stereotypes that limit women’s roles in leadership.

Electoral systems and quotas for women Elections are a critical period during which to promote and empower

women to participate in the political arena. Electoral systems and elections are vital in advancing and facilitating the political participation of women; both as candidates and as voters. These systems and processes must be gender-balanced and should strive to achieve three key objectives, namely: increasing the number of women who are registered to vote; increasing the number of women running as candidates; and increasing the number of women who are successfully elected.

Electoral systems need to be reformed to facilitate the participation and election of women candidates.

Rwanda sets an example with its electoral system – a proportional representation system – combined

with affirmative action. Political parties also have a critical role to play in this regard in ensuring that there are quotas for women, and it was suggested the CWP engaged and lobbied leaders of political parties to encourage internal participation. Although quotas for women have assisted in increasing their participation, the CWP should also explore alternative strategies for countries that have not been as successful. Despite the First-Pastthe-Post system used in Wales, its labour party made it a policy within the party that every male candidate had to be paired with a female candidate.

By 2003, the country had 50 per cent women in Parliament and 50 per cent women in their cabinet.

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Political parties should consider recruiting female candidates from the civil service, since they already have a good understanding of governance issues, however, this can be challenging since the civil service is often male dominated. Furthermore, it was recommended that more needed to be done to mobilize women voters to support and vote for fellow women in elections. In this regard, Ms Burain recommended that vigorous voter education campaigns were conducted so that voters knew how to use democratic strategies

and structures other than voting, such as petitions, making submissions, designing motions and getting MPs to ask oral questions.

Campaign funding mechanisms for women With regards to campaign funding, Ms Truppe stated that a political campaign could not be successful without strong financial backing. A lack of funding had been identified as an important deterrent to women who were considering entering politics. In this regard, political parties

had to do more to assist women candidates to raise funds. This could be achieved through fundraising networks, creating funds within the party targeted to support women candidates, limiting nomination and campaign expenditures, allocating funds specifically for training women candidates and examining how party funds are used to support women candidates and women’s issues. Ms Truppe cited the example of Canada where its Elections Act and Income Tax Act introduced spending limits on nomination campaigns. This assisted

in putting women on an equal footing with male candidates who might have had more resources at their disposal.

Women in politics Once women are elected to positions of power, it’s pertinent they receive continued support to ensure that increased women’s representation translates into policies that speak to women and improved their living standards.

Positions equivalent to the Minister for Women should be positions with real power that afford the respect required in order to be able to make

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Left: Hon. Emilia Lifaka, MP, Cameroon; This page: Ms Patricia Ferguson, MSP, Scotland

a difference. Countries must also be encouraged to institutionalize quota systems for women so that there are also quotas for women in parliamentary committees.

Conclusion and recommendations Progress with promoting women’s political participation should be continuously monitored and assessed.

All CWP Chapters should embrace the CPA Strategic Plan and advocate for increased women’s political participation in

their respective countries. Although the CWP has made great strides in improving the numbers in terms of women representation, changing societal attitudes takes a long time and women must persevere in their quest for gender equality. The CWP, working together with the CPA, has a critical role to play in this regard, as it aims to increase female representation in Parliaments and work towards the mainstreaming of gender considerations in all CPA activities and programmes. The CPA and CWP should involve the leadership of political parties in their

projects and activities to create awareness about women’s issues and to promote the cascading of women’s rights to the political structures of all countries.

Recommendations from the session Recommendation One: “Conscientisation of society from family upbringing and gender role clarification to adaptation of political will and the acceptance of women as equal partners.”

Recommendation Two: “Considering the significant

role women play in legislatures and Commonwealth statistics on women’s parliamentary representation, strategies should be considered to increase women’s political participation in politics.”

Recommendation Three: “Effective leadership requires women’s political participation and implementing strategies to encourage more women representatives with improved constitutional changes to accommodate for this.”

All recommendations were endorsed.

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CWP 2 - WOMEN PARLIAMENTARIANS AND SOCIAL MEDIA

59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Commonwealth Women Parliamentarians: Session 2 1 September 2013

Women Parliamentarians and Social Media

Moderator: Hon. Alix Boyd Knights, MHA, Speaker, House of Assembly (Dominica) Discussion Leaders: Hon. Juliana O’Connor Connolly, JP, MLA, Speaker of the Legislative Assembly (Cayman Islands) Ms Shaista Pervaiz, MNA (Pakistan) Hon. Rosemary Nansubunga Seninde, MP (Uganda) Dr Meagan Woods, MP (New Zealand)

Summary Delegates agreed that sensitizing women to the role of social media was paramount as it further enhanced the capacity of Parliamentarians in reaching their constituencies.

However, as much as social media could be considered a useful public participation tool, it also had the potential to be abused.

Parliaments in the Commonwealth should enhance the capacity of their Members in the use of social media to boost constituency outreach.

Parliaments must ensure that Parliamentarians are equipped with the knowledge and resources to effectively engage with social media.

Prioritizing the positives Hon. Juliana O’Connor Connolly, JP, MLA, Cayman Islands, maintained that the challenge for women and social media no longer regarded issues of affordability or accessibility, but one of prioritization. Social media signified many things to different women. In terms of information technology, she highlighted it as a colossal means of getting our message out to the rest of the world, where it had brought the world to many more women.

She argued that women need to sensitize the public to not be gender biased, and recognize that women could hold formidable ministerial seats in government. Ms O’Connor Connolly

emphasized opting for an information technology (IT) or budget and finance position, given women didn’t have to try to “negotiate along the hallways”, or be the typist, research etc.

Social networks could be utilized by starting to identify young girls. The sooner women recognize they should be a strong coalition as opposed to a competition, the better chance at succeeding in getting more women in Parliament. She argued that while it’s important to have social media in Parliament as a method to get there, it’s more important to have women there because of their integrity, intellectual capacity, and their passion for things with a gender genesis.

Ms O’Connor Connolly stressed

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Dr Meagan Wood, MP, (left) and Mrs Shaista Pervaiz, MNA, (right) delivering their presentations.

that social media is not intimidating if you hold your own as a woman.

Having been the recipient of some un-colourful words in blogs, she has taken the approach of “garbage in, garbage out”. Therefore, rather than spending time reading the blogs and letting the blogs define her, she prioritizes her integrity and passion for the job as the modus operandi of her life. She encouraged fellow female participants to do the same.

Ms O’Connor Connolly closed by expressing her excitement at how social media would explode and open a colossal amount of possibilities and opportunities for girls and women in the future. She encouraged women to dream big, “marry IT”, and move

forward to share their ideas and experiences. This could be the tool that sharpens another.

Social media struggles in Pakistan Ms Shaista Pervaiz, MNA, Pakistan, explained that privacy laws and legislation in her country are still in its infancy. YouTube has been completely banned in Pakistan, a decision taken by the previous government. As a progressive and forward thinking government, she believes ardently in a free media.

Twitter in Pakistan has become solely the tool of choice for key opinion leaders.

The Chief Minister of Punjab, Hon.

Muhammad Shahbaz Sharif, has thousands of followers and he keeps them fully updated on where he is and the projects he’s working on. While Twitter usage is on the increase it remains more of a passive medium.

Ms Pervaiz outlined several interesting statistics about social media usage in Pakistan, stating it would help in further understanding why information from Facebook needs to be constantly taken into context as it could lead to distorted decision making. While the majority of women around the world make up half of Facebook users, this discrepancy in Pakistan is even more marked, in more than 65 per cent of users being women; 50 per cent

of women use twitter. Additionally women also outdo men in the average time spent on Facebook and are a lot more interactive. She gave the example of the Dengue epidemic, which requested for volunteers on social media. The campaign was so effective that the worst ever epidemic of its kind in the country was controlled. Ms Pervaiz said that “social media is as good or as bad as the user whose hand it is in”.

Initiatives in Uganda Hon. Rosemary Nansubunga Seninde, MP, Uganda, defined social media as internet-based tools that help Parliamentarians interact and engage with others. In Uganda, social

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Left: Dato’ Noraini Ahmad, MP, Malaysia; Right: Senator Kerryann Ifill , Barbados, participating in the discussion.

media is used institutionally and individually by Members.

Social media is widely used by young people globally and therefore crucial for Parliaments to recognize its importance. In Uganda, the initiative U-Speak, was launched by Speaker Rt Hon. Rebecca Kadaga, MP, to help enable constituents in to communicate directly for free with their elected representatives by SMS or by leaving a voicemail on a dedicated line.

She reported it has been an extremely effective way for constituents to message their MP of what they want delivered in Parliament. Other social media platforms include a Uganda, parliamentary Facebook account, a Parliament Twitter account, live streaming of parliamentary debates, and a YouTube channel.

Ms Seninde also spoke of the iPad project in her country where every member would be given a tablet, in the effort to raise social media literacy.

The Ureport programme enables young people to engage with MPs and the government. They also

have the Uganda communications commission programme.

Social media gives greater contact with the public and also increases accountability. It has cost effective mobilization and a useful dissemination tool. She also spoke of the shortfalls of social media, where misuse or malicious use could harm a member.

The risk of misunderstanding could lead to messages being misconstrued. Ms Seninde stressed that Parliamentarians had been more accustomed to using traditional but costly methods of reaching constituents.

Social media however offered an instant and cost effective method of reaching people. She argued that Parliamentarians needed to identify social media options as well as be better assisted in making better choices.

Empowerment of women Dr Meagan Woods, MP, New Zealand, stated that social media had transformed the ways in which Parliamentarians communicated with the people they represented. Social

media platforms such as Tumblr, blogs, etc. offer Parliamentarians a soapbox that no other generation has had before and politicians could use it as a serious weapon in their arsenal.

Dr Woods asked what implications this had for women MPs, and could social media be utilized to getting more women into politics?

She felt that social media was not merely about information, it also enabled the empowerment of women. Social media offers politicians the opportunity to have a conversation and not a presentation.

Dr Woods spoke of social media as a gendered space. Men and women used it in different ways, but these gendered spaces offer huge opportunities for women. Although the gender gap in technology is changing with women outnumbering men on social media sites, the gap in electoral politics is still alive and well.

Reflecting on her own experience, Dr Woods, elected 20 months ago, reported how Facebook allowed her to connect with her constituency. The group of women she speaks to may be politically disengaged but are very engaged on social media.

They “like” and share articles about bits of politics they’re interested in; in short, these women are fast becoming opinion leaders in online communities.

Facebook and Twitter have become the 21st coffee mornings in New Zealand. Social media cannot however solely achieve this; it is about politicians engaging in a political conversation.

During the Christchurch earthquake of 2011, social media was used to disseminate information about how to get help, the location of shelters, where to get fresh water and how to assist others.

Dr Woods warned however that even in a developed country like New Zealand there was a digital divide.

She conceded that women Parliamentarians need to be at the fore of this political movement, and should ensure Parliaments are equipping women with the appropriate tools and technology.

She concluded by stating that “it needs to be a women to truly own the space as John F. Kennedy did 50 years ago with the television”.

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Discussion Hon. Lucia Witbooi, MP, Namibia, stressed that women Parliamentarians need to focus on what they could do while actually in Parliament. She asked how women could use social media to make a change.

Ms Witbooi raised that if we had to call for women’s rights, social media would help bolster the initiative for zero violence against women.

Ms Marie-Antoinette Rose, MP, Seychelles, reported on her country’s 45 per cent female representation in Parliament, making it 5th in world for female MP representation. She stated there was no affirmative action in social media or any quota system, meaning it was a totally different ballgame. In social media women fight on equal footing with men. She recognized the need for affirmative action and quota systems to increase female representation in Parliaments, but at end of the day women MPs needed to get out, talk without fear and educate young girls.

Hon. Gail Teixieria, MP, Guyana, said “we have to balance the pros for social media”. Politicians had

to be careful they were not being subjected to levels of distortion. As a developing country, there are still areas in Guyana without connectivity.

A programme called the “one laptop per family in Guyana”, offers 90,000 households identified as low income a computer from the government as part of a programme for promoting E-governance and access to goods and services.

Citing her 36 year political experience from a cultural perspective, she identified that people in the villages still prefer the face-toface interaction.

She voiced “they want to hold your hand, cry on your shoulder and tell you their problems”. Ms Teixieria concluded that there had to be a balance between the new and the old, utilizing social media while not neglecting the grassroots level.

Senator Kerryann Ifill, Barbados, urged participants to remember parts of the communities and constituencies that have no voice when talking about social media.

Being visually impaired, social media affords her the tools to share her struggles.

She pressed that social media was more than an opportunity to put up photos; it was an opportunity to engage with members that could not easily reach their MPs. These included the visually impaired, wheelchair-bound persons and the intellectually challenged.

Ms Sagufta Yasmin, MP, Bangladesh, raised the challenge for all women MPs in facing the media. Social media gives freedom to people, and is not moderated by any bias, making it a better platform than traditional methods.

She maintained that politicians that are actively involved in social media are closer to their voters given its scope for continuous engagement.

Ms Thandile Sunduza, MP, South Africa encouraged female Parliamentarians to not be “sceptical and fearful of using social media because it works”.

She added as a leader you are able to correct someone on social media and clarify the issues. While there was an element of fear involved, she urged women MPs to use social media as you could correct the negatives.

Recommendations from the session Recommendation One: “Social media has brought the world to the fingertips of women Parliamentarians and the challenge may no longer be accessibility and affordability.”

Recommendation Two: “The beneficial use of the powerful social media channels should be facilitated by promoting its harmless applications as a popular means of information dissemination.”

Recommendation Three: “Parliaments in the Commonwealth should enhance capacity of their Members in the use of social media to boost constituency outreach.”

Recommendation Four: “Parliaments must ensure that Parliamentarians are resourced with the knowledge and equipment to actively and effectively engage with social media.”

All recommendations were endorsed with the exception of the first one.

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CWP 3 - Informal Economy and Entrepreneurship

59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Commonwealth Women Parliamentarians: Session 3 1 September 2013

Informal Economy and Entrepreneurship

Moderator: Hon. Thapelo Chiloane, MP (South Africa) Discussion Leaders: Hon. Joanmariae Fubbs, MP (South Africa) Hon. Alix Boyd Knights, MHA, Speaker of the House of Assembly (Dominica)

Summary Delegates agreed that women must receive adequate training to ensure they have the necessary skills to maximise profits whilst remaining economically independent. They recognized that infrastructural development should be put in place to facilitate women–led projects in the informal sector. Micro-lenders should be monitored by financial regulators to ensure the development of low interest rates in the informal sector.

Promoting gender equality Hon. Joanmariae Fubbs, MP, South Africa, argued that democracy would not survive in a fractured economy. Therefore she pressed on the significance of overcoming unemployment and a fractured economy by using and bringing about

economic equity. This requires both growth and development that in turn it will create an enabling democracy, Parliament and cause many other institutions to flourish.

Informal sector and significance of economy Ms Fubbs asked what interventions Parliament could do to make this happen, particularly as women represent more than 50 per cent in her country. The informal sector has been growing along with the formal sector globally not just in South Africa. According to Statistics South Africa, the sector is represented right across the economy. These include workers in the home, to agricultural and non-agricultural manufacturing. It represents many diverse areas as much as the formal

economy. She stressed that one of the important things to consider when thinking about the informal sector and women, is the high correlation with unemployment. In South Africa, the relative share by province indicates a correlation with the overall unemployment rate, supporting the idea that the informal economy is the only alternative.

It’s argued that without this sector, the unemployment rate would rise from 25 per cent to as high as 48 per cent. This implies there is a great significant in pro-poor economic development policy, and is more important than its relative size suggests. The informal sector is alive with entrepreneurs because women not only see the opportunity they grab it with both hands. By its very nature the economic activity is

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Discussion leaders Hon. Joanmariae Fubbs. MP, (left) and Hon. Alix Boyd Knights, MHA (right).

unrecorded and difficult to measure, but it’s estimated that it forms around 28 per cent of the GDP of South Africa. Therefore the size of the informal economy, including informal traders, is estimated to be about ZAR 160 billion, making it two and a half times higher than the contribution of agriculture, and 70 per cent contribution of the mining sector. According to the Department of Trade and Industry estimates, there are more than four million unregistered businesses in the country.

Ms Fubbs stated that women are the most significant and biggest percentage of this economy, given they have more rights and

responsibilities than men in the economy because of a triple recession. She said it is not about discrimination, but about running the household, looking after children and trying to earn a living. The informal sector permeates the formal sector as it’s easy to enter. Ms Fubbs underlined the importance of training, up-skilling, marketing, and access to easy credit that doesn’t cost a lot of money or have high interest rates. The World Bank stated that women are the most reliable lenders and do pay back on their loans. She said Parliament has a constitutional right to intervene, to pass legislation, oversee government action and facilitate public involvement and governance.

She spoke about the spirit called Batho Pele in South Africa, that reflects the parliamentary participation and is the raison d’être for having this engagement and knowing that Parliament has a significant role to play. The eight Batho Pele principles which inform our parliamentary oversight are: consultation, setting service standards; increasing access; ensuring courtesy; openness and transparency; providing information; redress; and value for money.

Parliament can exercise oversight, such as holding colloquiums. She added there were oversight visits, MPs physically go on location to see if the department has done what they said they were going to

do. She concluded that by sharing and communicating experiences with fellow Parliamentarians, greater progress can be made.

Defining the terms Hon. Alix Boyd Knights, MHA, Dominica, explained there were many different definitions of the phrase informal economy. The UK Women’s National Commission defines it as “services provided mainly by women on an informal or flexible basis, with payment in cash or kind”. However, when the International Labour Organization (ILO) first carried out research in the 1970s on the informal sector, it was in reference to economic activities

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CWP 3 - Informal Economy and Entrepreneurship

Left: Hon. Lisa Baker, MLC; Right: the group photograph of participants from the CWP Conference

carried out by the working poor, not recognized or regulated by the state.

By 1990s, the term had given way to the informal economy, in recognition of the growing relevance of this sector and its connection with micro entrepreneurship activities carried out by poor women striving to provide for their families.

The World Bank (WB) has decreed that the informal sector refers to economic activities and incomes that are partially or fully outside government regulations, taxation and observations.

The WB advises that the informal sector is a persuasive and pertinent as well as persistent feature of most developing countries, contributing significantly to employment creation, income generation and production and thus to the GDP of these countries.

The informal sector has been categorized as being: 1.

2.

3.

Legal Semi-legal Illegal

Most of the activities labelled informal are illegal. Semi-legal would include the sale of alcohol and other goods that require licenses. The two main illegal activities would be drugs and prostitution.

Ms Boyd Knights defined entrepreneurship as the capacity and willingness to develop, organize and manage a business venture along with any risks to make a profit. In 2004 a conference on the informal sector was organized by Organisation for Economic Co-operation and Development (OECD). The report concluded that women entrepreneurs

play a very important role in the informal economy, not only in creating jobs for themselves, but for others.

It’s estimated that in the U.S., 8.4 million self-employed women provide employment for 10.2 million people.

In Dominica, although there are no statistics, she highlighted that many women entrepreneurs such as vendors, hair stylists are very much in the picture.

The difference between the two countries is that women in the U.S. are more likely to own licenses, and therefore form part of the formal sector. Self-employed women represent one of the most important job opportunities. It represents an alternative for many women, but perhaps women of developing economies. The availability of data is still scarce, and she called for women’s entrepreneurship to be

examined at both the individual level and business level.

Ms Boyd Knights maintained that in order to fully understand the difference between men and women’s entrepreneurship, aspects about women’s entrepreneurship have to be observed. These include limited or no education, lack of role models, low social status, domestic demands, working conditions and access to finance.

At a recent conference held under the Africa Union in Yaounde in Cameroon, the idea of a social protection plan for workers within the informal sector was heavily mooted.

The term social protection itself has been broadened to cover food provision, housing and sanitisation.

Persons involved in the informal sector are either unwilling or fearful to come forward to avail themselves of whatever social protection measures

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CWP 3 - Informal Economy and Entrepreneurship and systems in people’s respective countries, so that they work and perform for the rural and urban poor engaged in the sector.

Hon. Lisa Baker, MLC, Western Australia, commented on procurement and the need in developed countries to look at targeting some portion of government procurement into gender targets.

She underlined the necessity for training in business skills, and stated that “money without skills will go nowhere”.

no matter how small, because they think they will have to get licenses, pay taxes and have to make social security contributions.

The problems itself within the informal sector can be said to be selfperpetuating. The Governor of the East Caribbean Central Bank pointed out that hard data is needed in order for a country to develop policies to move forward.

He complained that because of the vast informal sector in countries like Dominica, such statistics are hard to come by, and issues and problems confronting the sector are not addressed and thereby perpetuate themselves.

She ended her presentation asking participants whether entrepreneurs within the illegal formal sector should be persuaded to formalize their operations and if so, how would the authorities go about it?

Discussion Hon. Noraini Ahmad, MP, Malaysia, acknowledged the programmes and initiatives in her country that empower women in the informal economy. This was not merely a means of providing financial help, but one to help strive towards economic independence for women.

She added that the Malaysian Government has also introduced a women’s entrepreneurship incubator programme to meet the current demands of the employment market. It has set up training centres, paid by the government, to enable participants to generate income on skills they have acquired. Grants will be provided to participants under this programme to help them move forward.

Rt Hon. Rebecca Kadaga, MP, Uganda, spoke about the issues relating to access to credit. She

referred to the Islamic banking model being implemented in Uganda, which uses a system where there is no interest on loans.

She felt this would be another way of supporting women and their businesses.

Ms Christine Ombaka, MP, Kenya, argued that formalizing the informal sector is very prudent given the statistics highlighted by Ms Fubbs with regards to South Africa.

The sector in general is bigger in Africa than the formal economies.

She asked how Parliamentarians could push for necessary infrastructure to address issues of space, so the informal sector worked better. She encouraged looking to women in markets and finding ways of helping them do their businesses better.

Ms Ombaka also asked about ways of regulating the financial sector

Responses from presenters Ms Fubbs supported the recommendation on infrastructure, but with regards to education, she alluded it was important to also incorporate gender into the curriculum, particularly relating to the informal sector. On funding, she recognized the survivalist issues raised earlier in the session, while also supporting the idea of total interestfree loans.

Ms Boyd Knights expressed the need to also focus on microfinancing success stories in order to enlighten and encourage, and pushed for women to develop an enterprising spirit when it came to entrepreneurship and enterprise.

With regards to mentoring, she championed the importance of youth mentorship for the development of the informal sector.

Recommendations from the session Recommendation One: “Advocating legislation that promotes access to capital, assets and markets, legislate credit that supports people (interest rates) especially women.

National Credit Acts and Microfinance.”

Recommendation Two: “Although women entrepreneurs within the informal sector can help to alleviate poverty, they need to formalize their activities to avail themselves of social protection measures.”

• Both recommendations were endorsed.

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CWP 4 - WOMEN, POVERTY AND HOMELESSNESS

59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Commonwealth Women Parliamentarians: Session 4 1 September 2013

Women, Poverty and Homelessness

Moderator: Hon. Alix Boyd Knights, MHA, Speaker, House of Assembly (Dominica) Discussion Leaders: Ms Patricia Ferguson, MSP (Scotland) Dr Sadiq Syed, Deputy Representative and Officer in Charge, UN WomenSouth Africa

Summary Delegates acknowledged that women’s rights to equality, economy and dignity are guaranteed by international conventions and are constituted in the national laws in many Commonwealth countries.

However, the increasing rate of poverty and lack of shelter (homelessness) make women more vulnerable and deny them their basic human rights.

Poverty and homelessness in Scotland Ms Patricia Ferguson, MSP, Scotland stated that the challenge of promoting social and economic democracy and the pursuit of equal and egalitarian society is one that all elected representatives, particularly women, face when representing constituents

in a Legislature. The laws and reforms MPs promote and enact plus the political directions they undertake shape respective societies.

Ms Ferguson said that women have always found themselves at the forefront of the struggle to eradicate poverty in all its forms, whether manifested in the home, education, health, work, or in wider society.

Making a difference in the lives of their communities is what drives many women to become active, which has in turn led many women to become involved in democratic politics at an elected national level. She referred to the example of Scotland’s first devolved Parliament elected in 1999, which was substantially influenced by women who had participated in the political and civic life of Scotland in the 1980’s and 1990’s.

Speaking on the topic of poverty in Scotland, Ms Ferguson highlighted two main indicators of income poverty. While 70,000 people living in relative poverty in 2011/2012 had decreased when compared to the previous year, it still constitutes a considerable problem. Fourteen per cent of the population, 710,000 individual citizens, are still living in relative poverty.

The second type of poverty is fuel poverty, which constituted 658,000 households or 28 per cent of the population in 2010. She argued that the high levels indicate that the government both at the U.K. and Scottish level need to do more to resource policies which would have a greater impact in reducing these levels of material poverty.

The figures are even starker when

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Discussion leaders Dr Sadiq Syed (left), and Ms Patricia Ferguson, MSP, (right).

it comes to women. There are more women living in relative poverty than men, with the poverty level for single women with children at 23 per cent, a significantly higher amount than the Scottish average. In addition 16 per cent of Scottish children were living in absolute poverty in 2011/2012.

Ms Ferguson related the problem to the recession and the introduction of austerity measures that have disproportionately affected women and children – the people least responsible for the problem.

On the subject of homelessness, the statistics she delivered demonstrate the scale and seriousness of the problem faced in Scotland. In Scotland the number of people either homeless or threatened with homelessness fell by 3,747 in 2012-2013 (or 10 per cent). This still represents a total of 31,964 citizens.

In the early years of devolution Scotland adopted a radical piece of legislation, introduced by a female Minister, which was designed to make

sure that no one was unintentionally homeless by 2012. She recognized that despite still being off target, the numbers are decreasing.

Consequently, the pressure on women and children is highlighted by the following statistics: • Over the last year the number of households in temporary accommodation increased in 12 out of 32 local authorities; and • There were still 2,936 households with children in temporary accommodation. These households contained a total of 4,847 children.

She concluded by saying that while the picture painted represents Scotland, the issues surrounding poverty and homelessness remains a priority for women Parliamentarians across the globe.

Women’s rights to equality economy There is an urgency to ensure that

the post-2015 global development agenda addresses women’s access to resources and opportunities, including land, decent work and equal pay to enable women to become economic citizens. Dr Sadiq Syed, UN Women-South Africa, attested that most women and children suffer from chronic hunger or malnutrition particularly in developing countries.

Such situations deprive women of the right to proper education, employment and good healthcare. As a result such women find themselves facing small scale trade, small farming and microlevel activities of a social welfare nature.

However, Dr Syed highlighted the MDG report that draws attention to the fact that woman continue to be denied equal opportunity (with men) to participate in decisions that affect their daily lives. The further completion of the MDG goals should remain a global priority, creating a stable foundation for future development action. He informed that the UN

Women group had proposed a stand-alone goal in the Post-2015 Development Agenda towards achieving gender equality, women’s rights and empowerment that is grounded in human rights and tackles unequal power relations.

The three main areas that require urgent attention are: ending violence against women and girls; equal opportunities for men and women; and appropriate resources and responsibilities to achieve equality.

This means providing women equal opportunity to participate in decision-making in the households, private sectors and in institutions of governance.

It was further proposed that any new development agenda should be grounded in human rights agreements already signed by governments. These included the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the 1995 Beijing Platform for Action, and UN

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resolutions, including the recent agreement of the Commission on the Status of Women on eliminating and preventing all forms of violence against women and girls.

Debate Ms Ruth Nhinda, MP, Namibia, explained that poverty and abuse are the major causes of homelessness in Namibia, resulting in many women being unable to afford shelter in towns and being forced to live in shacks under inhabitable conditions. She also added that while the National Housing Enterprise provided houses for lower income earning people, there was still great inequality faced by women in her country.

Senator Naisula Lesuda, Kenya, reiterated that governments need to empower, educate and encourage women to participate in law-making processes. She also praised the UN for supporting women in the Kenyan Parliament by providing access to funds for their constituencies.

Ms Moono Lubezhi, MP, Zambia, reported that in her country social media platforms are not accessible and that most women are living below $1 dollar per day. She argued that there was also a need to strengthen laws to ensure women gained access to funds and benefitted from property rights.

Mrs Marie-Aurore Marie-Joyce Perraud, Mauritius, outlined new

initiatives that had been created to empower women. She also cited the example of new Ministries, such as the Ministry of Economic Development and Ministry of Business, which had been established to empower women and assist in starting their own businesses.

Ms Gladys Brima, MP, Sierra Leone, expressed that women’s contribution to society did not match the benefits of their contribution. With many women relying on farming to survive, they were disadvantaged given: they lacked sufficient resources for farming; women did not own their own land; and women did not have control over land for economic use.

Consequently, Ms Brima stressed

an urgency to legislate and design programmes which allow women to have access to land.

Hon. Rosemary Seninde, MP, Uganda, called for financial empowerment for women in order to assist them out of a “dependency syndrome”. She also stated there was a need to develop policies and programmes to help women to support their families and have access to land for economic gain.

Ms Christine Ombaka, MP, Kenya, accounted the numbers of women sitting on the streets with little access to schooling and living under the poverty line. She reported that many were living with HIV/AIDS but had no skills or knowledge to deal with such

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Left: Ms Rosemary Seninde, MP, Uganda; This page: Canadian members Senator Raynell Andrechuk (left) and Hon. Irene Mathyssen, MP, (right) at session 4.

conditions. Ms Ombaka informed of discussions in Kenya surrounding a Family Bill that would ensure women’s ability to own their properties after the death of their husbands.

Ms Dolores Christopher, MHA, British Virgin Islands, raised the issue of young women that were single parents and struggling to raise their children. She spoke of the Family Support Network in the BVI that was subsidised by the government to support such women. This was naturally a big help to those that relied on child support maintenance.

Ms Makhoni Maria Ntuli, MPL, Kwazulu Natal, agreed that land

access, particularly in South Africa is in a crisis. She spoke of a policy passed by the South African government on women and home ownership in 1994, where a subsidy was given to people to build infrastructure by the government. The process of claiming land back to the rightful owners is now being reviewed. Ms Ntuli added that the government is additionally funding co-operatives to eradicate poverty.

Recommendations from the workshop Recommendation One: “The poverty and homelessness experienced by women must

be a priority for action by women Parliamentarians in the CPA and Commonwealth Governments.”

Recommendation One: The post-2015 global development agenda must address women’s access to resources and opportunities, including land and equal pay to enable women to become economic citizens”.

Both recommendations were endorsed.

NB: The Commonwealth Woman Parliamentarians Conference meeting in Johannesburg on Sunday 1 September 2013 recalled the

target set at the Harare declaration.

It noted the great strides made in increasing the number of women Parliamentarians in the Legislatures around the Commonwealth. The meeting highlighted that some Commonwealth Legislatures still have no or very few women representatives. It called upon political parties and governments within the Commonwealth to take positive action to enable all women to play their role in the political process in helping increase woman representation to at least 30 per cent, while guaranteeing that all women would be able to do this safely.

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YOUTH PARLIAMENTARIANS

59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Opening Ceremony

the future of the commonwealth Miss Candace Ramnanan, Trinidad and Tobago I have had the privilege of representing my country, Trinidad and Tobago, at the 5th Commonwealth Youth Parliament, held at the Houses of Parliament last December.

Currently, I am a law student at Queen Mary University of London; and as most aspiring students, we all want reassurance that the career we intend to pursue is in fact the right one.

Thus, I wanted to know whether the ambit of Parliament had a place in my future career.

By the end of the programme I had gained an insight into what it would be like to be a Parliamentarian.

Not only did I enjoy acting as Deputy Prime Minister for the fictitious Government, but also interacting with people from all over the Commonwealth. The activities we were involved in and the speeches that were given by various Guest Speakers carried us throughout each day’s event.

The first day was our welcoming ceremony. The Speech from the Throne was a clear indication of what was expected of us over this four day programme, namely a greater understanding of Parliamentary procedures, good governance and democracy.

In my capacity as Deputy Prime Minister, I led the response to an Opposition Motion concerning the creation of a new association with military powers to proactively defend democracy. The Government proposed that the existing Commonwealth Ministerial Action Group already fulfilled the duty to maintain and uphold democracy across the Commonwealth and that such an association proposed by the Opposition may instigate civil unrest. It was most satisfying that our proposal defeated the Opposition Motion.

On the final day, lectures about the House of Commons and the House of Lords came in handy as we had the opportunity to carry out debates of our own, in the structure that each of these Houses adopt.

A Committee of the Whole House debate was on a Youth Unemployment Bill with the aim of providing internships and apprenticeships. At the end of the debate, delegates were allowed to give examples on how these issues are governed in their respective countries. The benefit of this was that our contributions became personal.

As young persons, we related to the Bill; sharing experiences of hardship in getting such work placements.

Our final debate on Access to

Free Higher Education, took place in the Robing Room at the Palace of Westminster. Once again we led a dynamic debate as this was applicable to our immediate lives.

One Youth Parliamentarian felt so passionate about his stance on the topic that he crossed the floor to the Opposition; highlighting one of the many challenges in upholding democracy and good governance, the theme of the programme.

It is known that almost half of the population of the Commonwealth are under 18 years old. Debates such as the above generate suggestions that can aid Commonwealth countries in developing programmes with youths as the target audience. Therefore, not only can participants benefit from these programmes but insightful solutions may be created.

It is my view that such a programme is necessary to develop future Parliamentarians. By providing the opportunity to appreciate the workings of Parliament, a greater understanding may encourage a better quality of Parliamentarians.

Following the Youth Parliament, my interest in the Commonwealth and Parliamentary activities increased.

I participated in Commonwealth Day Observance earlier this year, gaining a greater understanding of Opportunity

through Enterprise. Another significant impact of the Youth Parliament was the ability to stand before you today in South Africa, presenting a speech on behalf of all the participants. I intend to continue my interest in Commonwealth affairs whilst enhancing my knowledge of Parliament.

In retrospect, the Commonwealth Youth Parliament has provided young persons, such as myself, with the opportunity to exhibit and further develop our potential as future Parliamentarians. I am very grateful for this experience as it has broadened the scope of my future career. I am confident that the Commonwealth Parliamentary Association will continue to invest in the youth through endeavours such as the Youth Parliament. I thank you for these incredible opportunities.

Mr Mason Nkabinde, Mpumalanga, South Africa I greet you in the name of the Commonwealth Youth Parliament.

A great man once told me that in any country there are three types of people. The first group are the Caretakers (the people who take care of other people’s business other than their own); the second group are the Undertakers (the people

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Youth Parliamentarian representatives Miss Candace Ramnanan (left) and Mr Mason Nkabinde (right).

who take on things even in a public arena) and the last group are the risk takers; the visionaries, the people who see possibilities in the mist of impossibilities. These are the people who realize that they can turn their test of the past into testimonies of the future and these are the people sitting here in this hall.

Last year, I had a rare opportunity to be part of the CYP 2012 in London; this was a convergence of the risk takers. As we shared our experiences from our diverse countries, what was common was the issue around quality and access to education and youth unemployment which evidently is a scourge killing the fibre of all Commonwealth countries.

These abnormalities lead to all sorts of devastating consequences such us poverty, disease and lack of development. Society has no choice but to hear the call of youth for their own development, because there can be no future without a youth capable of meeting the needs of their country’s development, We must build on this activist culture to cultivate a truly patriotic and dedicated youth whose commitment to the values and principles of the Commonwealth declaration as adopted in 2012. We came with a few proposals we wish

you could consider as you will be making legislation in your respective countries. Before we bring this proposal, in line with the theme of this conference, as the youth we have first and foremost availed ourselves to be part of the solution.

The theme “Effective Solutions for Commonwealth Developmental Challenges” speaks directly to challenges we appreciated and acknowledgements we made in our Youth Parliament.

We then said: “Acknowledging that we only have two years to the Millennium Development Goals target, many if not all of the Commonwealth countries remain slow in reaching these targets.

However much more can be achieved if the youth can play a meaningful role. The MDGs aim among other things to eradicate poverty, hunger and achieve universal education but above all develop a global partnership for development.

We urge Parliaments to use ICTs as a vehicle for consultation and development as many of the youth are actually conversant with ICT usage especially for public consultation.”

Education remains the most significant arena for youth

development and emancipation.

Young people themselves have a significant role to play in addressing this anomaly. More importantly, education must ensure that our youth are able to further both their individual and collective development for their countries and the world. We said all Commonwealth countries must adopt legislation that will lead or deliver free universal education for all up to undergraduate level.

On that note, we need to emulate the policy developments in Namibia and Samoa with how far they have done with regards to meeting the MDGs on education.

On youth unemployment Noting that we as youth constitute a majority of the unemployed, our deliberations indicated that as young people we don’t need free rides, handouts or pity, but we need more opportunities through education, entrepreneurial space and participation in the main stream of the economy of our countries.

Yourselves as legislators must process legislation that speaks directly to these abnormalities. We have identified apprenticeship as a site of struggle and we call for stronger collaborations between the

public and private sector to achieve this.

We also urge legislators to develop policies that speak to the quality of health services in building healthy nations.

I was nominated to speak here today to remind you that you must always bear in mind that being a leader is not about yourself but the people in whose honor you serve. In this case we speak of the people who use their democratic rights to vote you in and instil governments. So every time there is a session in Parliament, we urge you to always think of the privilege and confidence that we (ordinary people) have voluntarily given to your good selves.

We wish further to indicate that in the next conference the CYP must be given full participating rights, so that we can make input in the commissions.

The Holy Bible advises us that we must not withhold what’s good from whom it is due, when it is well within our power to do so. Let’s all work together in building peace, development and prosperity for the Commonwealth and the world as a whole. Let’s not just have democracy, let’s build it and do it for our collective prosperity. Thank you.

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OPENING CEREMONY

59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Plenary Session - 2 September 2013

opening ceremony Hon. Mninwa Johannes Mahlangu, MP, President of the Commonwealth Parliamentary Association and Chairperson of the National Council of Provinces, South Africa

We, as the CPA South Africa Branch, are pleased to host this Conference of the Parliaments and Legislatures of the Commonwealth only a few months shy of the 20th anniversary of our hard-won democratic dispensation. South Africa is forever thankful to all those who used various platforms, including the Commonwealth Parliamentary Association, to contribute to the struggle against apartheid.

As such, I am honoured to welcome you on behalf of the Branch and host country, to the 59th Commonwealth Parliamentary Conference, which is held under the theme Effective Solutions to Commonwealth Developmental Challenges.

As the theme suggests, the Commonwealth community of nations has not been immune to

developmental challenges. In order to understand these challenges better, it is imperative to critically analyse the nature of the current developmental trends within the Commonwealth community.

Our challenges are numerous and diverse. They include the multiple crises of unemployment, landlessness, homelessness, lack of basic services, HIV and AIDS, food insecurity and unacceptable levels of crime and violence. These challenges persist making it difficult for some nations to realise their full potential and thus improve the lives of their people.

It is within this context that the Commonwealth Parliamentary Association (CPA), as a collective, must build and maintain the momentum to promote socioeconomic development. This must go

hand in hand with sustained efforts to entrench a culture of peaceful resolution of conflicts.

The new society that we aspire to build should ensure that peace, security and stability are a prerequisite for socio-economic development in the Commonwealth community and the entire world. The developing world has in the last few decades witnessed significant progress in its political landscape. The CPA should redouble efforts to address the remaining conflicts plaguing certain parts of the Commonwealth. The CPA should also continue to work with various stakeholders at global, regional and national organisations to promote peace in the world Furthermore, the Commonwealth should ensure that the process of the democratisation of the institutions of global governance is strengthened

to create conditions conducive for the international political, economic and trade integration process and to ensure economic development.

Due attention must be given to gender equality and women emancipation. Commonwealth countries must channel more resources towards improving access to education, health, sanitation and water, and make child-bearing safer for women. Parliaments have an obligation to ensure equal treatment of all citizens and to stand up against any form of discrimination and marginalisation of women.

We need to acknowledge that, in a developmental paradigm, achieving gender equality must necessarily extend beyond elevating women into positions of power. Issues of gender equality should be part of our culture and socialisation.

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OPENING CEREMONY

The CPA President speaking to participants in Johannesburg.

message from h.m. queen elizabeth ii, patron of the cpa On the occasion of the fifty-ninth Commonwealth Parliamentary Conference, I send my warmest wishes to all the members of the Commonwealth Parliamentary Association who are gathered together in Johannesburg.

I was interested to learn that representatives from approximately one hundred and seventy Parliaments and Legislatures will be attending the meeting and that the theme for this year’s discussion will be “Effective Solutions to Commonwealth Developmental Challenges.”

As your Patron, I much appreciate your kind message and, in return send my best wishes to all concemed for a successful and enioyable Conference.

ELIZABETH R. Buckingham Palace

In an effort to ensure gender equality, our Parliaments have an important role to play by passing laws that are responsive to the developmental needs of our people and are able to correct imbalances prevalent in many societies.

The Commonwealth Charter stresses the importance of democracy, human rights, international peace and security, tolerance, respect and understanding amongst countries, freedom of expression; the importance of separation of powers, rule of law, good governance, sustainable development; the importance of protecting the environment, the need for access to health, education and food; and the importance of protecting the rights of women and youth. The Charter also calls for the recognition of the needs of small and

vulnerable states as well as the role of civil society.

It is in our interests that the 59th Commonwealth Parliamentary Conference re-affirms our commitment to principles of peoplecentred democracy, sustainable development, good governance, rule of law, and respect for human rights.

It, therefore, becomes important that Parliaments, as custodians of lawmaking and oversight and representatives of our people, must ensure that the Executive is held accountable.

Going forward, for us the face of the world that we seek to build should ensure a better world, a just world, and an equitable world.

I wish you fruitful engagements in your deliberations and a wonderful stay in our beloved country.

I thank you.

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OPENING CEREMONY

Rt Hon. Sir Alan Haselhurst MP, Chairperson of the CPA Executive Committee The Chairperson of the CPA Executive Committee delivering his address at the opening ceremony.

I pay deep gratitude to Chairperson Mahlangu, his colleagues and staff in the National Assembly of South Africa who have sought at all times to make us welcome and look after our interests. I have learnt over many years the high quality of hospitality this country can offer. It also offers something special beyond the beauty of its landscapes. In terms of reconciliation and accountability, South Africa has much to teach the world.

In the spirit of peace, inclusivity, equality and freedom, one cannot think of a greater modern icon than Nelson Mandela. A hero to all the world to whom, on behalf of the CPA, I pay our utmost respects. All of us wish him the very best possible health.

His inspiration ought to be infectious to us in our desire to

strengthen the Commonwealth family and find solutions to Commonwealth development.

Here at the 59th CPC, amid the pleasure of experiencing South Africa, we must give thought to the impact we legislators can have on the many problems there are to facewhich vary hugely. The risk of literally being submerged by the rising sea; starvation; conflict; killing our planet through pollution.

How does this connect to the CPA? We believe that good governance is the key. Our task is to encourage people into politics and more women of course. And, had I been blessed with a melodious voice, I would always be singing a song for women everywhere! We must

engage the young and inspire them to keep faith with systems of parliamentary democracy as the means of fulfilling their dreams. To learn from each other, to compare likenesses, to discuss differences, to listen, to absorb, to understand and to help each other to find solutions to problems common to all.

Here lies the real purpose and strength of the CPA. As Chairperson, I have travelled to deliver the CPA message collectively; proposed more money be allocated to the CWP, ensure the Commonwealth Youth Parliament has become an annual event and have discussed giving a more prominent position to Small Branches.

Together with the SecretaryGeneral and his team, we are working hard to resolve the challenges within

our administrative structure through a clear forward strategy a business plan and a transparent internal audit system which measures our performance against the best.

Rather than continue to struggle to find a universally acceptable status, I suspect all of you find greater excitement in confronting the challenges of the future; more stimulation in strengthening links between people, forging more friendships whilst promoting the best interests of our fellow citizens.

That is truly why we are here in this wonderful country given the generous opportunity by our hosts to engage in how we can better meet those development challenges.

That’s what matters: work in friendship and let us make that better future happen.

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OPENING CEREMONY

Address by H.E. Jacob Zuma, President of the Republic of South Africa and Vice-Patron of the CPA H.E.. Jacob Zuma speaking at the opening ceremony in September

It is my pleasure to extend a warm welcome to all delegates to this 59th Commonwealth Parliamentary Conference here in Johannesburg.

We are very honoured to have hosted the Commonwealth Parliamentary Conference a few times already in South Africa, through the South African Parliament.

The Commonwealth Parliamentary Association is one of the oldest Commonwealth organizations and remains a vital cog in our world-wide Commonwealth community. We support the mission of the Association to promote the advancement of parliamentary democracy and to build an informed parliamentary community. This in turns works to deepen democracy

in the Commonwealth. A vital part of the Commonwealth’s commitment to democracy is to strengthen the co-operation among Parliaments and Legislatures within the Commonwealth. This Conference is a perfect example of such cooperation and the sharing of ideas and best practices to the advantage of all our peoples.

We have good reason to be happy to host you as South Africa. We do not take democracy, and the protection and promotion thereof, lightly in South Africa. Our country went through three centuries of colonial rule and the vicious system of apartheid. When we obtained our freedom in 1994, we vowed that we would never go back to any system of government

that would suppress human rights and freedoms we had fought so hard to obtain.

Our global icon and founding President, Excellency Nelson Mandela, stated on our behalf as follows in his inauguration address in 1994; “Never, never and never again shall it be that this beautiful land will again experience the oppression of one by another and suffer the indignity of being the skunk of the world. Let freedom reign. The sun shall never set on so glorious a human achievement!”

Indeed, we shall never let the sun set on our glorious achievement.

We are thus always ready to protect, promote and defend our democracy

and all institutions of democracy including Parliament. We value the progress we have made, we value the achievements we have scored in only 20 years. South Africa is a much better place now than it was before 1994.

Allow me therefore to thank the Commonwealth Parliamentary Association again for the solidarity and support during the struggle for liberation, as we move towards celebrating 20 years of freedom and democracy next year. We would not have achieved many of our goals without international solidarity.

We are, and remain therefore, committed to parliamentary democracy and fully support the goal of strengthening democracy

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OPENING CEREMONY

This page: H.E.. Jacob Zuma leading the procession into the conference hall; Right: Performers from a South African choir at the opening ceremony.

in the world, so that many peoples, especially those were oppressed like ourselves, can enjoy the benefits of freedom as we are.

The promotion of democracy was a central message in the 2011 Perth Commonwealth Heads of Government (CHOGM) Communiqué. It called upon members to: “actively promote, uphold, preserve and defend the fundamental values, principles and aspirations of the Commonwealth.

Heads of state and government agreed to do this by considering the reform recommendations of the Eminent Persons Group (EPG) and the constituting of a “Charter of the Commonwealth”.

The Commonwealth Charter, as you are aware, was formally adopted on 19 December 2012, and was signed by HM Queen Elizabeth II, as Head of the Commonwealth, on Commonwealth Day, 11 March 2013.

The Charter addresses a number of values and principles that the CPA holds dear and promotes as part of its mission, including democracy, the separation of powers, good governance and gender equality.

We are pleased that this conference will deliberate on the Charter.

It is important that Parliamentarians utilize the Charter to ensure that their governments adhere

to the values and principles enshrined in the document.

As in the past, the Commonwealth Women Parliamentarians (CWP) and their meetings form part of this Conference agenda. This has resonance with South African as our country’s constitution recognizes women as equal citizens, with equal rights and responsibilities. Women’s rights are Human Rights.

South African women led by the African National Congress earned this right through participating actively in the struggle for liberation. We fully support the promotion of women’s rights and access to opportunities across the Commonwealth.

You have chosen an appropriate

theme for this conference given the approaching deadline of the Millennium Development Goals.

The theme “Effective Solutions for Commonwealth Developmental Challenges” talks to the serious challenges facing developing nations within the Commonwealth in particular.

We are all aware of the rapidly approaching deadline for the Millennium Development Goals and the global development agenda beyond 2015. We expect fruitful discussions of this issue at the Commonwealth Heads of Government Meeting later this year in Sri Lanka.

Due attention must be paid to the

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eradication of poverty and hunger, sustainable development, as well as combating inequality at all levels.

This is essential to create a more prosperous and sustainable future for all.

Thus the Commonwealth needs to focus on both the need to meet the Millennium Development Goals targets and what needs to happen beyond 2015, and also the need for the financing of the MDGs. Financing discussions are important. Deliberations on the development goals should bear in mind that countries have different starting points, national priorities and regional circumstances.

Therefore, the post-2015 development agenda should reaffirm the Rio Principles, especially the principle of “Common but Differentiated Responsibilities”, along with “Equity and the Right to Development”.

Thus it is important to ensure

financial assistance through continued Official Development Assistance and other mechanisms and sources of funding.

Also important is the need for the transfer of environmentally sound technologies as well as capacity building to ensure self-reliance.

Only this will enable developing countries to meet their domestic development challenges.

Let me reiterate the need for Parliaments to promote the deepening and strengthening of democracy.

In this regard, the Commonwealth Parliamentary Association has an important role to play in the promotion of democracy.

We should also bear in mind that democratic governance and its institutions such as Parliaments and Legislatures, are vital for good governance, human rights and the rule of law.

Another role we see for

Parliaments and Legislatures around the world is the promotion of peace and security. As Parliamentarians you play an oversight role and are able to scrutinize the work done by the executive in your respective countries, including matters of war and peace.

Thus, we urge you to promote peace in the world at all times, for it is only through peace that we can have sustainable development and prosperity especially in the developing world which is beset by many challenges.

At this juncture we cast our eyes towards the Syrian Arab Republic which is the centre of world attention at this point.

We trust that the United Nations will be respected as the only authority that can intervene militarily in any country, and only if all other avenues have been exhausted.

We trust that there shall be no violation of international law or the abuse of the United Nations Security

Council to fulfill the agenda of other nation states.

We also call for peace in our own continent, in Egypt and also closer to home in the eastern part of the Democratic Republic of Congo.

Peace and democracy must reign in every part of Africa and all over the world.

Thus, we urge you as Parliamentarians to continue playing your role in promoting democracy, accountability and good governance and also in promoting peace and stability around the world.

Let me reiterate once again how happy we are to host the Commonwealth Parliamentary Association.

I am also honoured to be the VicePatron of this September conference.

Let me again welcome you all to South Africa.

May your deliberations be fruitful and provide much to take forward.

I thank you.

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OPENING CEREMONY

Rt Hon. Cavaye Yeguie Djibril, Vice-President of the Commonwealth Parliamentary Association and Speaker of the National Assembly of Cameroon

I wish on behalf of all delegates here present to extend my profound and heartiest gratitude to H. E. Jacob Zuma, President of the Republic of South Africa for the warm welcome and the generous hospitality extended to us by the wonderful people of South Africa since we arrived in your great country, the giant of Africa.

I bring warm greetings from

the people of Cameroon through President Paul Biya who has instructed me to convey special greetings to your Excellency Jacob Zuma, and wished us total success in our deliberations.

Mr President, we also thank you for taking time off your busy schedule to come and officiate at the Opening Ceremony of this international Conference. Your presence in our

midst this morning is an eloquent testimony of your readiness and commitment to promote the core values of parliamentary democracy such as good governance and human rights upon which our organization the CPA is founded.

May I equally avail myself of this opportunity to sincerely thank you for your insightful and thought-provoking speech.

All distinguished delegates will agree with me that the opening speech you have just delivered has set the tone for our discussions on important topics of: • Land access and ownership: progress and challenges experienced by rural communities in accessing land; what could be the role and intervention of Parliamentarians?

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OPENING CEREMONY

Left: The Speaker of the National Assembly of Cameroon This page: Participants in attendance at the Opening Ceremony.

• Should there be parliamentary intervention in the informal economy and entrepreneurship sectors?

• The challenges of attaining the Millennium Development Goals (MDGs) by 2015; • Inequitable resource-sharing: a threat to democratic governance; • Role of Parliamentarians in transfer of technology and research to boost agricultural productivity; • Governing democratically in a tech-empowered world: deepening partnerships between Parliaments and Parliamentary Monitoring Organisations (PMOs); • Separation of powers and good governance; and

• Policy solutions for caring of an aging population.

I also wish to thank our CPA President, Hon. Mninwa Johannes Mahlangu and the South Africa Branch, for having offered to host this 59th Commonwealth Parliamentary Conference this year. We thank him for the warm reception and generous hospitality extended to us since we arrived in this land and in particular the beautiful city of Johannesburg.

We are grateful to all staff of the Parliament of South Africa for the excellent arrangements and state-ofthe-art conference facilities put at our disposal. CPA annual conferences

provide us with an opportunity to share ideas and experiences and to reflect on issues that impact global and country matters.

I also thank the CPA Secretariat for its enormous cooperation and guidance in the organization of this conference.

It is a coincidence that we are holding our CPA conference here in South Africa at a time when the health of the world’s legendary icon, Nelson Mandela, is in a critical state.

All the delegates here present join my humble person and the entire people of South Africa in wishing a speedy recovery to this icon of our times who has contributed enormously to

the advancement of the world and humanity. The world still needs him and our humble prayer is that the almighty God should do a miracle in his life.

As you all are aware, the Parliament of Cameroon will host the 60th Conference of CPA International in Yaounde in October 2014. May I take this opportunity to extend a very warm welcome to all of you to Yaounde next year.

To conclude, I wish to once more reiterate my sincere thanks to Your Excellency the President of South Africa for sharing your precious time with us this morning. I thank you all for your kind attention.

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SBC1 - SEPARATION OF POWERS IN SMALL STATES

59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa 33rd Small Branches Conference: 1st Plenary30 August 2013

SEPARATION OF POWERS AND GOOD GOVERNANCE IN SMALL STATES

Moderator: Mr Agafili Patisela Eteuati Tolovaa, MP (Samoa) Discussion Leaders: Mr Brendan Smyth, MLA, (Australia Capital Territory) Mr Curtis Martin, Speaker of the National Assembly (St Kitts and Nevis) Justice Charles Mkandawire, Vice President for East, Central and Southern Africa, Commonwealth Magistrates and Judges’ Association (CMJA)

Summary Delegates to the Small Branches Conference generally reached a consensus that the separation of powers was fundamental to achieving good governance. It was also considered that it would be necessary to strengthen the system of checks and balances in Small States.

It was further considered that each of the three arms of government should act independently but compliment each other’s responsibilities to enable maximum impact on good governance. State institutions should also provide opportunities for civil society organizations to participate.

Presentations Mr Brendan Smyth, MLA, ACT, said that issues such as infrastructure, how economies are diversified and protected, problems with job creation and retention and ways to keep youth interested and involved in the parliamentary processes facing states are fairly common; the latter being a more pressing need for smaller jurisdictions.

The role of Auditor-General is critical in keeping Parliaments accountable and legislation was currently before the ACT Parliament to make the Auditor-General an office of Parliament so that it is legally bound to Parliament and not to the Executive.

He added that a Bill was currently before Parliament to set up a position of Officer of the Parliament and the Ombudsman, Electoral Commission and the Auditor-General, that would report directly to Parliament through the Speaker.

The Auditor-General performs two functions in the ACT namely: • Financial audits within 90 days of end of the financial year of government accounts, including all departments, and producing a report of the details; and • Performance audits of specific functions to establish whether they are being delivered effectively and efficiently.

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Discussion leaders Justice Charles Mkandawire (left), Mr Curtis Martin, (centre) and Mr Brendan Smyth, MLC, (right).

He argued that the AuditorGeneral’s role should be divided into 50 per cent financial and 50 per cent performance audits. The proper execution of the role will benefit the people as it ensures effective service delivery and cost effectiveness.

Proper resources and budget are essential in order for the AuditorGeneral to do their job properly.

The Separation of Powers between the Legislature, the Executive and the Judiciary is fundamental in ensuring good governance and strengthening the system of checks and balances.

These powers are especially critical for small states to encompass democracy. Political institutions of this

nature allow room for transparency, accountability and answerability as well as the effectiveness of the public service. Each power has to be in a position of executing their responsibilities or mandates without competing against each other. Political intervention by the Executive, with special reference to the Legislature or the Judiciary could undermine its independence and have serious implications for the Judicial Commission. In Small States for instance, political interference will undermine the rule of law under constitutional democracy and independent institutions should not fear prejudice and ensure that accountability prevails in government.

Such institutions include the Auditor General’s Office, Court system and public institutions that countenance democracy.

Room for improvement Mr Curtis Martin, St Kitts and Nevis, said that the separation of powers is a prerequisite for the proper functioning of government but there is room for improvement.

The operation of Judiciary, Legislature and Executive is classically understood to function separately in the smaller states but significant occurrences have highlighted the challenges faced. In Fiji, for example, the recent rejection by the government of the proposed

broad-based draft constitution was deemed regrettable against the backdrop of the desire to restore constitutional and civilian democracy.

Speaker Martin recommended that Parliaments embrace the practice of greater oversight as used by other Commonwealth parliamentary colleagues and committees by observing various government practices and encouraging professional engagement.

Good governance cannot be compromised Justice Charles Mkandawire, CMJA, reminded Parliamentarians of the principles of the separation of powers as adopted by Commonwealth heads

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Left: Hon. Randolph Horton, JP, MP, Bermuda; Right: Hon. Heidi J.R. Soulsby, Guernsey

of government in December 2003.

The purpose of good governance is the progressive wellbeing of people, and when talking of the separation of powers good governance can not be compromised.

The critical areas in the relationship between the different branches are: • Judiciary and Executive: These two branches should be governed by cooperative governance and should be fulfilling itsconstitutional mandate in a complimentary and constructive manner.

• Judiciary and Parliament: The primary responsibility of Parliament and the Judiciary is governed by respect for Parliament’s primary

responsibility i.e. law-making, whereas the primary responsibility of the Judiciary is the interpretation and application of law.

Conflict manifests when branches do not understand or implement their or other’s primary function. The appointment of judges in small states is important and Parliaments has to enact legislation that protects the tenures of judges appointed on contract.

The discussion During the discussion Hon. Kerry McCarthy, MP, United Kingdom, suggested that small states move from parliamentary democracy to constitutional sovereignty so that the powers that consolidate

good governance are not fused.

The mandates of three branches are subject to the constitution and their defined mandate. She added that each power is independent to perform the responsibilities assigned by either the National or Provincial government. In Parliament, the role of committees has been acutely demonstrated because they provide oversight to departments responsible for public funds. Financial statements should be handed over to the AuditorGeneral’s office regularly to track spending, as this determines whether departments are in a position to manage public funds as opposed to financial mismanagement which is prevalent among Commonwealth developing nations.

Mr Tom Duncan, ACT, noted that small states could achieve good governance under good Parliaments and this encouraged robust debate on pertinent issues affecting the people. Citizens are directly engaged to articulate societal hurdles and economic issues that matter the most.

One conceded that this ensures that promises made by Parliamentarians during manifestos are projected adequately and effectively. In addition, Commonwealth Parliaments have to encourage public participation in respect of petitions. With this in mind, Parliaments are urged to provide enough space for Civil Society Organizations to play a part in addressing concerning issues in Small States. These organizations

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SBC1 - SEPARATION OF POWERS IN SMALL STATES Adequate funding of the Judiciary is vital given they are the cornerstone of democracy that Small States rely upon.

Ms Heidi Jean Soulsby, Guernsey, said that for Commonwealth states to have progressive constitutions, the adequate resources in respect of the judicial system has to be funded without hesitation, and compromising the judicial system will aggravate the culture of impunity.

Unlawful practices are not prosecuted as long as state institutions supporting democracy, such as the judicial system, are not supported by those charged with public mandates.

It is against this backdrop that the Judiciary is significant to ensuring that the supreme law of the country is adhered to by every citizen. It becomes apparent that citizens are treated equal before the law despite their social status in a particular society or historical background.

Above all, democracy is consolidated when neither of these powers (Legislature, Executive and Judiciary) abuses its responsibilities over others.

also strengthen accountability through the system of checks and balances.

Shri Mata Prasad Pandey, MLA, Uttar Pradesh, indicated that Small States find it difficult to hold the Executive body accountable.

Concerns in these small states occur when the Executive does not respond on time to the Auditor-General and the Executive authority exert adverse influence through powers supposed to promote good governance.

A failure to hold the Executive accountable through democratic

means is a huge challenge facing Commonwealth developing countries.

Hon. Patricia Gordon-Pamplin, JP, MP, argued that for governments to show accountability, it has to allow other state institutions, especially independent ones, to scrutinize its performance. Furthermore, accountability becomes a reality when state institutions (separation of powers) supporting democracy interact effectively and efficiently as assigned by the constitution.

Mr M.R Pheto, MP, Botswana, raised the issue of contract

appointments for judges. Appointing extraordinary judges in this manner compromises the responsibilities of the judicial system. It allowed the executive body to take advantage for the Judiciary given that changes of personnel within a short period of time does not guarantee the effectiveness of the Judiciary. Further, it emerged that some Small States do not have enough resources to support the Judiciary. This is worrying given such institutions could not provide productive outcomes resulting from insufficient facilities.

Recommendations from the session Recommendation One: “As a parliamentary officer, the Auditor-General’s appropriation should be approved by the Parliament and not just by the executive to ensure their independence.”

Recommendation Two: “Parliament should be amenable to embracing greater general oversight from other Commonwealth Parliamentary colleagues and committees, and should facilitate this interface with the requisite amenities.”

Recommendation Three: “Parliaments should ensure that judicial appointments should normally be permanent, where contract appointments are inevitable, such appointments should be subject to appropriate security of tenure.”

While the first recommendation was endorsed by the participants, recommendations two and three were noted.

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SBC2 - EDUCATION IN SMALL STATES

59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa 33rd Small Branches Conference: 2nd Plenary30 August 2013

Is Education Meeting Local Employment Needs in Small States?

Moderator: Hon. Carmelo Abela, MP (Malta) Discussion Leaders: Ms Rebecca White, MP (Tasmania) Deputy Susie Pinel (Jersey) Hon. Marie-Antoinette Rose, MP, (Seychelles) Mr Ashwani Aggarwal, International Labour Organization (ILO)

Summary Delegates stated that a country’s economic strength depended on people with core training and necessary skills in respect of finance, manufacturing, information communication technology and engineering, as well as in the field of science. The on-going issue of youth unemployment was highlighted in Small States. It was noted that governments had to play a critical role in addressing the issue. Appropriate programmes needed to be implemented to ensure that citizens had the relevant skills to fill available employment opportunities.

Presentations Ms Rebecca White, MP, proposed

that most state education systems should attempt to maximize the development of appropriate skills to support local business and create employment.

She called for collaboration between businesses and training institutions so that training can be delivered where it is required. The business community and government should provide learning opportunities to those who cannot attend urban centres for training. Training must be provided on subject matter and in situ, where employment and employment needs exist.

Hon Marie-Antoinette Rose, MP, gave a short history of the evolution of the education and training initiatives in the Seychelles. At present the

education budget was 5.6 per cent of GDP and there had been a steady shift from an impoverished nation to a high middle income country. Despite the education system, the Seychelles has not managed to address some fundamental issues and the question of whether education is meeting the needs has to be asked. Other critical issues include population growth, loss of labour to other countries and the most efficient use of unique skills.

Deputy Susie Pinel, spoke of the unemployment problem in Jersey which is being exacerbated by competition from other Small States. The government is looking to education programmes that will address future skills gaps. This initiative, under the Social Security

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SBC2 - EDUCATION IN SMALL STATES

The panel of Discussion leaders from left to right: Mr Ashwani Aggarwal, Hon. Marie-Antoinette Rose, MP, Deputy Susie Pinel, Ms Rebecca White, MP, and Moderator Hon. Carmelo Abela, MP.

Department is looking to job training, motivation, support, placement and mentoring. In addition there is an employment grant and an unemployment programme under development. Similar programmes are also operating in Gibraltar.

Education in the future will focus on vocational qualifications, and apprenticeships rather than academic qualifications.

Mr Ashwani Aggarwal from the International Labour Organization (ILO) put forward his recommendations in five policy areas: • Employment and economic policies to increase aggregate demand and improve access to finance; • Education and training to ease

the school-to-work transition and to prevent labour market mismatches; • Labour market policies to target employment of disadvantaged youth; • Entrepreneurship and selfemployment to assist potential young entrepreneurs; and • Labour rights that are based on international labour standards to ensure that young people receive equal treatment.

The cornerstones of education are availability, the development of core skills, communication, problem-solving, teamwork, the awareness of workers’ rights and an understanding of entrepreneurship.

Coupled with this is the development of higher level professional skills;

portability, experience, continuous and seamless pathways for lifelong learning. Others include the ability to adjust a close matching of skills supply to the demands of labour markets, anticipation of future skills demands, harmonization of education and training policy, and access and equality for people with disabilities, women, and disadvantaged groups.

The discussion Hon. Glenn Blakeney, JP, MP, Bermuda, recommended that in Small States, education should expand the development of appropriate skills to supply local businesses and create meaningful pathways to employment.

Education is regarded as one of the best interventions for development

of Commonwealth countries’ economies.

In Australia, education has been aligned with agricultural programmes given the gap noted in the sector according to Hon. Timothy Mulherin, MP, Queensland. Agriculture has the opportunity to create countless job opportunities for people who are currently unemployed.

Ms White highlighted that small businesses in regional areas of Australia are struggling to offer permanent skills which allow employed people to secure a permanent job. In the same light, Hon. Michael Sutherland, MLA, Western Australia, noted that small economies find it difficult to provide relevant skills that might be used on a continuous

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Left: Connétable John Refault, Jersey; Centre: Hon. Tara Rivers, Cayman Islands Right: Hon. James Netto, MP, Gibraltar

basis. Among the youth there is a lack of understanding regarding career opportunities which has fostered bad attitudes about the value of education, said Mr Nelson Hadley Cole Simons, Bermuda. Young people begin to perceive educational training as inconsequential because Commonwealth countries do not seem to have economic sectors that assist young people. Hon. Leonard Singer, MHK, Isle of Man, added this is quite prevalent in Small States whereby prospects are not fully expanded to provide necessary opportunities.

A solution in Small States was to fund small and micro-businesses that would provide productive skills to young people, said Connétable John Refault, Jersey. These skills

should be in line with the international market so that people can benefit from innovative opportunities across the world.

However, Mr Lealailepule Rimoni Aiafi, MP, Samoa, suggested that the education curriculum has to be reviewed as it does not match with the labour market.

Most qualifications attained are not in line with the job market and this contributes to high margins of youth unemployment in Small States.

He also argued that appropriation programmes need to be put in place by the government to ensure that citizens have the relevant skills to fill employment opportunities that are available. The lack of numeracy and literacy skills obstruct young people in accessing jobs in the field of finance,

science and technology, energy, and engineering. Therefore, Parliaments have to press upon their respective education systems to provide for and maintain basic numeracy and literacy standards for school leavers.

Hon. David Buffet, MLA, Norfolk Island, stated that labour policies need to be aligned to market policies in order to address the issue of unemployment embedded in Small States. Commonwealth nations share similar problems and with strong corporation and mutual understanding such maladies could be curbed.

Central to these impediments is widespread poverty and inequality in developing states, where progressive measures put in place have not sufficiently addressed these issues.

Poor education is a primary factor for such inequalities and labour policies have not created employment opportunities for disadvantaged groups.

The Speaker of Bermuda, Hon. Kenneth Howard Randolph Horton, JP, MP, recommended that the education curriculum should be structured in a manner that develops job creators as opposed to job seekers. In this regard, many opportunities would occur within various economic sectors.

Ms Rose emphasized that foreign companies seemed to wield strong

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influence in a country that had fragile economic institutions. It appeared that Small States do not have measures in place to protect local industries against multinational corporations and the influence on national policy in a country in a weak social, political and economic situation. Domestic industries under such conditions begin to lose strength as they cannot compete with big foreign companies given the influence they possess.

Commonwealth countries concede that strong measures should be put in place to regulate foreign industries.

Deputy Pinel viewed a resource tax

as essential to reducing the level of exploitation by foreign companies.

Small States should work together in tackling issues attributed to social, political and economic matters.

Above all, education alone could not tackle issues of unemployment but it remains a viable and inclusive way of redressing inequality, widespread poverty and high unemployment attributed to Small States. In addition, investment in education for Commonwealth nations, to move forward and to compete with the international community, is vitally important. It is

unlikely for any country to become innovative and economically active without directing national policies which address education. For small states to be globally active, they have to pay attention to the issue of skills through training programmes and ways of attracting the traditional workforce.

Recommendations from the session Recommendation One: “In small states the education system should attempt to maximise the development of appropriate skills to support local business and create meaningful pathways to employment.”

Recommendation Two:

“Appropriate programmes need to be put in place by governments to ensure that citizens have the relevant skills to fill employment opportunities that are available.”

Recommendation Three: “Parliaments must press upon their respective education systems to provide for and maintain basic numeracy and literacy standards for school leavers.”

“An education system should provide good quality and relevant education, soft skills, vocational training, on-thejob work experience, lifelong learning, and build partnership with world of work.”

All the recommendations were endorsed.

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SBC3- SELFSUFFICIENCY, DETERMINATION AND GOVERNANCE 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa 33rd Small Branches Conference: 3rd Plenary31 August 2013

Self-Determination, Self-Sufficiency and Self-Governance

Moderator: Hon. David Laxton, MLA, (Yukon) Discussion Leaders: Hon. Roger Anthony Edwards, MLA, (Falkland Islands) Hon. Leonard Singer, MHK, (Isle of Man)

Summary Delegates resolved that selfdetermination should be premised on the will of the people as opposed to the interests of outside factors.

Innovation towards economic growth in Small States should be encouraged in order to dissuade people from seeking employment overseas.

Innovative ways of expanding the economy can include: e-Gaming, engineering and the film industry.

Presentations The first discussion leader, Hon. Roger Edwards, MLA, started the session with his presentation on self-determination, self-sufficiency and self-government in relation to his country. He summarized how the

island had developed from being an uninhabited island group, first discovered in 1592, up to the present day with a population of 3,000, internally self-governing, financially self-sufficient and with the right to determine its own future.

He outlined how the agriculture sector suffered at the hands of Argentina during its 74 day invasion and occupation in 1982, but the country’s victory gave the Islanders new confidence and spirit.

In March 2013, the current Legislative Assembly held a referendum that was scrutinized by an International Observer Mission.

The question posed to its people was: “Do you wish the Falkland Islands to retain their current political

status as an Overseas Territory of the United Kingdom?” Turnout of the referendum was 96 per cent with 99.8 per cent voting in favour of retaining the current sovereign status; a strong and clear message to the outside world on the political views of the Falkland Island’s people. This was an expression of self-determination, as a basic human right and the cornerstone of the United Nations (UN) Charter.

Furthermore, it indicated the shared sentiments with Gibraltar on the challenge of having a hostile neighbour such as Spain, which disregarded/ignored the Treaties entered into. In 1849 Britain and Argentina signed the Treaty which was ratified in 1850 and this was

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SBC3- SELFSUFFICIENCY, DETERMINATION AND GOVERNANCE increased the GDP to £130 million in 2012, and although it has never been a grant-in-aid colony, the Falkland Islands are now, and have since the late 1980s, been financially selfsufficient.

In essence, the argument at hand is that the country has adequate resources to sustain itself with no tax payable to the U.K. It makes its own laws, and thus is independent from the U.K. The country has a relationship with the European Union (EU) and does enjoy some support, and there has been a debate whether to have a representative in the EU.

The delegation from the Seychelles at the Small Branches Conference.

deliberately not mentioned by Argentina in 1965 at the UN. The precise words used by the speaker at the time were “concentrated inaccuracy”.

Mr Edwards emphasized that the journey of the Falkland Islands has not been an easy one.

Over the years they have experienced difficulties, disappointments and struggles but had come out of the arduous times with increased confidence, optimism and a determination to succeed. The country made the transition from being a colony tucked away in the South Atlantic, to a financially selfsufficient, internally self-governing people with the desire above all to determine their own future.

Falkland’s self-sufficiency On self-sufficiency he discussed the impact of the invasion on the country’s wealth which had mainly derived from breeding cattle and sheep. Ship repairs became a lucrative source of income but this trade disappeared when sail gave way to steam.

After the 1982 invasion, the islanders lobbied for the rich waters around the islands to be made into “an economic zone” and this was partly achieved in 1986 when the Falkland Islands Inner Conservation Zone was established. New wealth was engendered for the government coffers from selling fishing licences and charging transhipment fees.

Two years later, a full mile Outer Conservation Zone was established,

more than doubling the government’s income.

During these developments, there was no local expertise, which resulted into joint ventures with companies mainly from Spain, Portugal and Italy. To enable even more control over this valuable resource, in 2005 an “Individual Transferable Quota” system was introduced whereby the resource was given to local companies so that they could have greater bargaining power when negotiating with overseas partners.

The economy has since grown in terms of fishing, tourism oil-drilling and exploration for hydrocarbons by companies; and agriculture including farming with meat and wool exportation. All these industries

A Manx point of view Mr Leonard Singer, MLA, reiterated Mr Edward’s sentiments, elaborating on his country’s history of independence. Tynwald – being the longest continuous Parliament in the world – has two branches: the Legislative Council which is the Upper Branch; and the House of Keys being the Lower Branch. It was from the 1950s that the path of selfgovernance and self-determination had mainly evolved, almost 65 years of gradual and agreed change with the British Government. Speaking on self-governance and selfdetermination, Mr Singer said there is positive Home Rule with policies not determined by the U.K. Home Office. With no political party system Tynwald became more assertive in setting its aims and dealing with the U.K. It became a working example of Home Rule and devolution, long before those powers were attained in other regions of the U.K. To date, the focus has been on improving the Isle of Man’s international standards, signing bilateral tax agreements and the country being recognized as a well-run, well regulated, stable and transparent jurisdiction. It is recognized by the U.K., the City of London, the Organisation for Economic Cooperation and Development (OECD) and the Fair and Accurate Credit Tax Act (FACTA) as a country, which is the vanguard of the necessary world reforms ensuring openness, fairness and anti-tax avoidance.

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SBC3- SELFSUFFICIENCY, DETERMINATION AND GOVERNANCE

Hon. William McKeeva Bush, Cayman Islands, contributing to the debate.

He pointed out that all were seeking change and improvement for their respective countries and to have powers and control of their destiny.

He called however for a gradual evolution which enables stability, or by other means, namely a revolution.

To adhere to the former means an exchange of dialogue and peaceful but robust questioning of policies and plans discussed in public and social media that can draw government into discussion on true reform and change.

The latter consists of manning the barricades where often extremism comes to the fore in order to enable democracy and change dirty words. He asked which of these two scenarios were more likely to bring self determination and

self governance followed by self sufficiency. The violent revolution had the potential to bring its own need for power and control resulting in further violence creating a vicious circle of regression and recrimination.

On self-sufficiency there have been great developments namely because of the country’s stability, no corruption, a sufficient food production, free education and health services, a supportive social care and a benefits system. The present challenge is to make these services sustainable moving into the future. The Isle of Man spends time supporting small countries develop their democratic foundations, and welcomes officers from developing countries on study visits. Officers have come from: Kenya; Turks and

Caicos Islands; and Tristan Da Cunha.

In addition, the Isle of Man has also provided Guernsey, Alderney and Gibraltar with their Hansard reports.

With Tynwald Parliament using voice recognition for producing its Hansard reports, it is one of the few countries in the world that has developed such a system.

The country contributes £300,000 annually into a Small Countries conference with 24 delegates attending from around the world. It is achieved with the view of introducing effective parliamentary procedures and internal audit within their own countries using the Isle of Man’s experience and knowledge gained from the development of its own government system. There is an intention to continue with these

initiatives with an acknowledgement that the country will continue on improving the situation by “evolution”.

Mr Singer concluded his presentation with “on the Isle of Man, we have no independence day, we have always had a government, and there was never a magic moment.

We achieved our position by gradual change and potent argument. We would not have been where we are now by revolution.”

The discussion Connétable John Refault and Deputy Roy Le Herissier, Jersey, welcomed and supported the presentations by the discussion leaders, and questioned whether it would be detrimental for their respective countries to follow the independence route?

Hon. James Netto, MP, Gibraltar related to the challenges faced by the Falkland Islands, given its experience of a hostile neighbour disregarding/ ignoring the Treaties entered into.

The question of “who owns the land” is a debate that has undermined democracy.

Mr Tom Duncan, ACT, asked how discussion leaders’ respective countries managed to secure endorsement from organizations such as OECD, in relation to selfdetermination and self-governance.

Panelists responded that the OECD carried out an inspection, and one that was transparent. Mr Singer extended an invitation to members of fellow Small Branches to the Isle of Man to understand the manner in which they worked.

Hon. William McKeeva Bush, JP, MLA, Cayman Islands, remained sceptical on whether there was such a thing as self-determination, but pointed out that the UN was adamant it is attainable as per the “will of the people”. In response, Mr Edwards emphasized that selfdetermination should be premised on the will of the people as opposed to the interest which could be determined by outsiders. Mr McKeeva Bush stated that the Cayman Islands has never being given opportunities to control its own investments that

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SBC3- SELFSUFFICIENCY, DETERMINATION AND GOVERNANCE created an environment for new business, or increasing financial services business as this put them in competition with the U.K. Such international norms are not assistive of the processes of self-sufficiency and self-governance.

He believed that in order to self-govern there has to be sufficiency without depending on bigger neighbouring states, and be able to self-determine. In the current environment the regime felt pressured.

A Minister from the Bahamas said that the use of a country’s own resources through self-sustaining programmes suitable to national circumstances is necessary in being able to solve your own problems.

Hon. Anglu Farrugia, MP, Malta, spoke about Malta being a neutral country and not having experienced similar challenges with their first constitution being adopted in the 1950’s and only gaining independence in 1964.

The country changed from a Monarchist State in 1974 and in 1976 Malta became the first country to have a constitution entrenched by a two-thirds majority.

He acknowledged that there are countries that could never be fully independent or self-governing and that there should be solidarity with countries that seek to achieve selfdetermination and independence by using Parliamentarians in the EU to put the matter there for debate, especially in relation to Gibraltar and the Isle of Man. Hon. Glenn Blakeney, JP, MP, Bermuda, said that self-sufficiency and determination has the following ambiguities: the country has no control over the military or the police; airspace is controlled by British Airways with no ability to negotiate its own airline contracts; and yet the country has evolved and matured, having been granted its own constitution and thus independent to a degree. The former Premier of Bermuda had sought full independence in 1995 but failed. It was a regrettable move and detrimental to the country.

Deputy Jon Le Tocq, MP, Guernsey, said that Small States suffer from an identity crisis which needed to be examined. Mr Singer agreed and called for the U.K. to offer more support with what small countries are doing and pay more attention to the issue of identity.

Mr Edwards also emphasized and agreed with the importance of identity in making your own mark in the world as a country and telling the world.

Hon. Glenys Hanna Martin, MP, Bahamas, stated that with her country having recently celebrated 40 years of independence, it has learnt a lot from colonialism.

The issue of self-identity as highlighted is unfortunate but the Bahamas take this as a concrete concept. She said there is general conflict when it comes to determining a country’s self-determination and governance, sustaining its own economy, citing the U.S.’ similar crisis as an example. No country should fear being alone as an island and there should be a collective self which is a concept that assisted in development.

Lord George Foulkes of Cumnock, U.K., reinforced the country’s support to Gibraltar that the U.K. is fully backing against them in its endeavour to remain self-governing. The U.K./British Government encouraged the notion and supported that independence to be granted to any country that wished to do so. If the majority of the Scottish people vote for independence, they would be granted that and the Commonwealth Parliamentary Association should provide more platforms for re-affirming the belief in self-governance through a resolution based on what the majority of the people want, which in turn will be also be supported.

Speaker Randolph Horton, JP, MP, Bermuda, argued it was critical to have education systems rich in history and agreed with Ms Martin on the concept of self-identity. He was impressed with the visits by schoolchildren at the South Africa Apartheid Museum and pressed for it to be encouraged. Children

are the future leaders but this can only be achieved through knowing and understanding their countries’ history. He reaffirmed the mistake that his own party did not opt for independence when the opportunity presented itself as the country would have progressed.

Hon. Hadyn Evans, MLA, Norfolk Island, spoke about the country being self-sufficient and not dependent on the Australian economy. With the decline of tourism however migration laws have since changed.

Hon. Tara A. Rivers, MP, Cayman Islands, also agreed with Ms Martin on the concept of self-identity and added that self-determination should not be utilized for political motives when mobilizing and having dialogue with the people.

People have to be given space to make their own decision in a non-political matter otherwise there will be no progress in this regard. Mr Edwards agreed with the latter part of her comment.

Hon. N.H. Cole Simons, MP, Bermuda, supported the notion that the need for independence is about providing more supremacy to the Parliament, taking care of own Foreign Affairs and taking care of its people.

Education in Bermuda is doing well but the economy has also been hampered by the recession.

Yet he still believes that the country can sustain itself and survive. Hon. Patricia Gordon-Pamplin, JP, MP, Bermuda supported the inputs by fellow delegates from Bermuda and stressed it is critical that the focal point is the economy and placing resources to ensure that they benefit the people at large. MPL’s should see themselves as servants of the people not about self-motivated political power.

The contribution made by Hon. Marie-Antoinette Rose, MP, Seychelles, was sparked by the issue of self-identity and the issues of gender and race after independence.

She highlighted that the country is now moving to cultural tourism so as to understand and make use of the history of the country.

There is a need for wealth redistribution and encouraging the young to learn the history of the country. With the country growing, class divides are no longer prominent in the country.

Concluding remarks and responses from panel The discussion leaders emphasized the following and responded to some of the comments made: • Self-determination should be premised on the will of the people as opposed to the interest which can be determined by outsiders.

• Innovation towards economic growth should be encouraged, for instance, in the Isle of Man in the 1950s, the economy relied on fishing with no economical income during winter, forcing young people to work in the U.K. E-gaming which counts for 11 per cent, engineering and the film industry, are examples of innovative industries.

• It is critical to note that as members of the Commonwealth, ongoing support for one another is necessary; • The deliberations emphasizes commonalities among the countries presented in this session; and • Mr Singer agreed with the comments made on the issue of identity but was more inclined to peaceful revolution or evolution as the speakers alluded to.

Recommendations from the session: Recommendation One: “The Past, the present and the future of the Falkland Islands in terms of its progress to Self Determination, self Sufficiency and Self Government”.

Recommendation Two: “Small Countries should seek to achieve self-determination, selfsufficiency and self-governance by a process of peaceful evolution and/or peaceful revolution”.

The first recommendation was noted, while the second was endorsed, but only after an amendment had been agreed by the majority of delegates.

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SBC4- SELF-ETHICAL TAX RAISING IN SMALL STATES 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa 33rd Small Branches Conference: 4th Plenary31 August 2013

Ensuring Technical and Legislative Capacity for Ethical Tax Raising in Small States

Moderator: Hon. William McKeeva Bush, JP, MLA (Cayman Islands) Discussion Leaders: Hon. Alex Downie, MLC, (Isle of Man); Connétable John Refault, (Jersey); Mr Axel Schimmelpfenning, Senior Resident Representative in South Africa, International Monetary Fund (IMF)

Summary Delegates observed that States should have a strong political commitment to develop effective legislation on improving efficiency, transparency in tax administration and tax policies.

It was considered that simplicity in tax administration would ensure that the system was understood and accepted to maximize compliance.

These efforts would also contribute to the overall revenue tax base.

A view from the Cayman Islands Hon. William McKeeva Bush, JP, MLA, separated the session title in two: “ensuring technical and legislative capacity in small states” on one side; and “ethical tax-raising” on the other.

He stated that the restriction of technical and legislative capacity could be addressed in two possible manners by small states, namely: • Either rely on larger states to provide guidance and examples, with the risk of proposed solutions being more appropriate for bigger than smaller states due to complicated bureaucracy that simply cannot be implemented; or • Work closer with the private sector, using their own resources, or a combination of both, but the government finding mechanisms to ensure that assistance is not biased towards a particular entity or sector but instead maintains the wider interest at heart.

With regard to theory versus reality in relation to ethical taxes, availability of legislative, technical resources and the cost of collecting those taxes has to be taken into consideration.

There is a risk of relying on standard G20 models which are too expensive for some Small States resulting in more government spending, more distribution and less growth. In the experience of the Cayman Islands, Mr McKeeva Bush reported how the economy has driven the tax system, in turn creating an extremely easy system of enforcing individual taxes. It is critical to build into the tax model the collection efficiency of the different alternatives. On ethical tax raising, this has to take into account several factors, primarily:

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Discussion leaders Mr Axel Schimmelpfenning, IMF, (left) and Hon. Alex Downie, MLC, Isle of Man (right).

• The need to ensure enough resources within the public sector in a small economy with significant budgetary restrictions; • The disjuncture between services used from the State and the taxes paid by different individuals; • Higher taxing of richer people while some are able to find legal ways of paying proportionate taxes; and • Taxation and spending helps to achieve wide resource distribution, but high rates of tax reduce investment and incentives, making it hard to generate sufficient total resources.

He concluded that there should be a balance of distribution and growth. Too much re-distribution resulted in too small a pie to share

out which is a challenge faced by all states across the globe.

Cooperating with smaller jurisdictions Hon. Alex Downie, MLC, provided a socio-economic overview of his country which is renowned for its quality in the provision of a wide range of financial services. However, the government recognizes the importance of diversity and has begun to gain recognition for business in areas other than finance, including shipping, aircraft registration and management, E-gaming; and the space and satellite industry. Mr Downie informed participants that this transformation and international recognition has brought added responsibilities of ensuring a well

regulated compliance environment, compliant with international standards of best practice, co-operation to countering money laundering, terrorism and tax evasion.

The island is internationally recognized as a driver in the development of international standards of tax transparency and exchange of information. In addition, he elaborated on the Isle of Man’s contribution, cooperation and involvement in the sub-group which developed the Organisation for Economic Cooperation and Development (OECD) 2002 model Tax Information Exchange Agreement (TIEA).

The Isle of Man can relate to the difficulties for a small jurisdiction to make itself heard in the international

arena and overcame several challenges currently faced by other small countries. As a result, it is strongly committed to helping the development of other small jurisdictions. In 2009, the island contributed significantly in the establishment of the Small Countries Financial Management Programme in conjunction with the World Bank, the Commonwealth Secretariat, the Small States Network for Economic Development, and the University of Oxford. Since 2012, the Isle of Man has been a member of the Commonwealth Association of Tax Administrators, which encourages the improvement of tax administration within the Commonwealth, with particular emphasis on developing countries.

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The delegation from Samoa at the Small Branches Plenary session.

Mr Downie acknowledged that small countries suffer the same as larger countries in the G7 states in terms of its budget constraints. He moved that Commonwealth countries should be more co-operative with small countries to ensure technical and legislative capacity existed for ethical tax raising in small jurisdictions.

Tax collection: a core function of an effective democratic state Connétable John Refault, spoke of the challenges faced by Small States, which include: debt burdens; pressure from increasing compliance costs; lack of domestic competition; limited diversification; and limited capacity.

On the challenge of raising tax,

he emphasized that tax collection is a core function of an effective democratic state. Taxes need to provide fiscal reliance and sustainability, and tax systems have to be economically efficient, effective and equitable. The manner in which taxes are raised has a profound effect on the type of state that develops.

The challenges and the extent of tax avoidance and evasion – with the need for tackling global avoidance and evasion – and the challenge of aggressive tax avoidance has to be monitored and loopholes closed.

Connétable Refault explained that the tax policy fitted into the legislative and technical debate as it promotes communal identity and redistribution

of wealth. Moreover it influences citizens’ and taxpayers’ behaviour, supports fiscal and social policy and results in alignment with global trends.

On ethics in taxation, he emphasized that an ethical tax system should be designed: to promote inclusiveness; encourage good governance; match society’s view on income and wealth equalities; and promote social justice. To coincide with the G8 held in June 2013, Jersey published its own plan on beneficial ownership with a registry of beneficiaries.

A simpler tax system tends to build a wider sense of fairness, improved spending, good governance principles, accountability, and promote

tax transparency. In 2012, Jersey contacted the African Taxation Forum in order to render support and exchange ideas on how to ensure effectiveness and efficiencies.

He brought to the participants’ attention a current matter relating to the blacklisting of Jersey, Bermuda and the British Virgin Islands by France in adding them to its list of uncooperative tax havens, paving the way for tougher financial levies.

In conclusion, Connétable Refault proposed that in overcoming capacity restraints, states should: • Improve efficiency and transparency in tax administration; • Strengthen tax policies to

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SBC4- SELF-ETHICAL TAX RAISING IN SMALL STATES and monitor whilst having a role in ensuring that the revenue system generates the resources needed to achieve government objectives.

Social objectives are better achieved by improving the “progressivity of spending” that is targeting poverty programmes to the most vulnerable.

Increasing revenue mobilization through tax administration and tax policy reforms is required to finance poverty reduction, infrastructure development, supporting growth and maintaining fiscal buffers. Sustained revenue gains are achievable through broadening the tax base while reducing tax exemptions, closing loopholes and improving compliance.

This ensures everyone’s contributions, but within limits. These points that canbe emphasized by Parliaments when deliberating tax policy.

It is critical to analyze and examine the tax base before introducing new taxes. Based on some recent work done by the IMF for Africa, combined tax policy and administration reforms raised an average of two to four per cent of its GDP. The priorities for tax administration reform are:

broaden the tax base; • Combat tax avoidance and evasion; • Implement robust, simple and effective legislation; • Maintain strong political will and commitment; and • Improve revenue administration together with supportive, efficient, fair and effective tax policies.

Keeping it simple Mr Axel Schimmelpfenning, IMF, speaking in relation to domestic taxation within small states, said that although capacity and economies of scale may be an issue, fundamentally, tax policy should not be much different as compared with larger

states. He acknowledged that operationalizing the concept on ethical tax raising and implementation can be difficult, and therefore a progressive tax system makes sense.

However he cautioned that trying to achieve too much with the tax system could potentially backfire.

To achieve social objectives via taxes or spending, countries need a sufficient and stable revenue base to finance social and development spending. A tax system with legitimacy and revenue productivity is the foundation of a sustainable revenue base. Parliaments can influence tax policy to push for simplicity and universal coverage, thus making it easy to interpret

• Governance: Ensured clear legal and regulatory frameworks, minimizing rent-seeking opportunities; • Risk management: Allocated administrative interventions where risks to revenues are greatest; and exploited withholding and third party information as much as possible; and • Taxpayer segmentation: Strengthen Large Taxpayer Units (LTUs) to tailor services to distinct groups such as tax offices targeted to specific high-contributing taxpayers; and include units for specialized sectors.

Speaking on priorities for tax policy reform, Mr Schimmelpfenning advised eliminating or minimizing tax exemptions as they are not always consistent. Instead he suggested implementing a broad-based single rate such as Value-Added-Tax (VAT), corporate Income tax, a single lower rate on basic food, property tax; and target excises to address socials concerns.

In conclusion, he emphasized on keeping it simple as a recommendation given that a simple tax system is easy to implement and manage. Simplicity ensures a system that is understood and accepted, made compliance and enforcement easy, and when combined with broad-basing ensures that everybody contributes. A simple tax system also reduces the rent-seeking opportunities.

For Parliaments to be an effective force in shaping tax policy, capacity through dedicated research staff, commissioning analyses from independent think-tanks, and drawing resources from regional and international organizations is essential.

Both Deputy Jonathan Le Tocq, Guernsey, and Hon. Lois Moorcroft, MLA, Yukon, agreed with Mr Schimmelpfennig that small states are not too different from large states and that sophisticated and complicated tax forms can be a deterrent of participation.

Recommendations from the Workshop Recommendation One: “A simple tax system is easiest to implement and manage and creates fewer opportunities for rent-seeking, while social needs are best addressed through targeted benefits.” While the recommendation was already adopted, clarity was sought in relation to the term ‘rent-seeking’. This was explained as being the practice of investors to opt for countries where tax laws were relaxed with low or affordable rates.

Recommendation Two: “Commonwealth Countries should cooperate more with small states to ensure technical and legislative capacity exists for technical tax raising in small jurisdictions.”

Recommendation Three: “Small States should pool information and resources to ensure that international standards and norms of ethical tax raising can be achieved.”

The three recommendations were endorsed without amendments.

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PLENARY SESSION RESPONDING TO THE COMMONWEALTH CHARTER 59th COMMONWEALTH PARLIAMENTARY CONFERENCE Johannesburg, South Africa Plenary Session - 5 September 2013

A parliamentary response to the Commonwealth Charter

Moderator: Hon. Mninwa Johannes Mahlangu, MP, Chairperson of the National Council of Provinces (South Africa) Discussion Leaders: Hon. Nomaindia Mfeketo, MP, Deputy Speaker of the National Assembly (South Africa) Hon. Kerry McCarthy, MP, (United Kingdom) Ambassador Adonia Ayebare, Advisor and Head of Africa Section, Political Affairs Division, Commonwealth Secretariat

Summary Delegates recognized the principles enshrined in the Commonwealth Charter. These include democracy, human rights, international peace and security, tolerance, respect and understanding and freedom of expression. They generally agreed that the Charter was a useful instrument to uphold and enforce the Commonwealth principles.

The commitment of some countries to uphold the values contained in the Charter was seen as a milestone in the development and prosperity of the Commonwealth. This could be further achieved through integration and domestication of the Charter, as well as passing resolutions and legislation that reflected and guarded it.

It was further noted that the Charter should be used to enhance discussions on issues such as women’s rights, education, economic inequalities, sexual orientation, HIV

and the progress of the Millennium Development Goals (MDGs). It was recognized that although there were differences of opinion on particular issues, the overall importance of the Charter should not be lost.

Delegates acknowledged the need for greater emphasis on the engagement of citizens.

Presentations Hon. Nomaindia Mfeketo, MP, South Africa, opened the discussion by describing the Charter and its development over the years.

From the Commonwealth Heads of Government Meeting in Perth in 2011, the Leaders of the Commonwealth Members Action Group required an instrument to uphold and enforce commitment to the Commonwealth principles and to deal with any violations. The evolution of the Commonwealth Charter included principles from the UN Charter of 1948, the African Union

Charter and other instruments, where applicable.

The principles enshrined in the Charter are: • • • • • • • • • • • • •

Democracy Human rights International peace and security Tolerance Respect and understanding Freedom of expression Separation of powers Good governance Rule of law Protection of Women and Youth Sustainable development Protection of the environment Access to health, education and food • Recognition of small and vulnerable states • Role of civil society Underlying these principles is the need for an effective association

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The Deputy Speaker, Hon. Nomaindia Mfeketo, MP, delivering her presentation at the Final Plenary.

that is sensitive to the needs of all its members and capable of addressing current and future situations.

Ms Mfeketo referred to President Zuma’s opening address from the conference’s opening ceremony and his clear commitment, by South Africa, to adhere to the principles enshrined in the Charter. She stressed that South Africa fully embraced the Charter particularly as its Bill of Rights was aligned to it. South Africa operationalized the Charter through the creation of the Chapter 9 institutions in support of democracy; institutions answerable only to the constitution and the law of South Africa. Ms Mfeketo spoke about South Africa’s role in maintaining peace and its subsequent adoption of the African Charter.

The Commonwealth Charter places an obligation on all members to learn from one another and to adopt best practices. Therefore it must be accessible and available in all

languages. The further progression of the adoption process includes: • • • • •

Approval and signature; Adoption; Domestication; Operationalization; Development of mechanisms to ensure compliance; and • Propularization.

The role of civil society was emphasised as was the need for an activist Parliament. In conclusion, Ms Mfeketo shared the need to define the mission (Commonwealth) and hand it down to future generations.

The Charter as a blueprint for action Hon. Kerry McCarthy, MP, United Kingdom, commended Ms Mfeketo on a very comprehensive and clear introduction to the Commonwealth Charter and the importance and values enshrined in it. She reminded

delegates of the shared values in balancing the autonomy of the different cultures of the 56 different states outlined in the historic Charter.

She thanked the Eminent Persons Group that recommended the Charter in the 2011 report, and stressed that the adoption of the Charter be considered as a living and evolving document and a blueprint for action.

If the government policies and actions did not reflect the values set out in the Charter, it undermined the credibility, international standards and strengthening of the Commonwealth.

The Charter is a vehicle to empower Parliamentarians to challenge their governments if they failed to uphold these core values. Ms McCarthy too made reference to President Zuma’s statement that it is the role of Parliamentarians to ensure that those who have elected them know about the Charter, know about their human rights and know what the

Commonwealth expect of their Governments. In this regard, civil society must be included in the work of keeping governments accountable.

She mentioned there were several noteworthy inclusions in the Charter as well as some omissions. This included the recognition that more could be done to advance women’s rights.

She called for Parliaments’ response to this clause to take steps to enhance the reputation of women within their Parliaments as discussed at the Commonwealth Women Parliamentarians’ conference. Many countries were leading by example such as Rwanda, where 56 per cent of elected members were women, and South Africa and Seychelles coming in under the top 10. However the U.K. ranked at no. 56 with 23 per cent.

The Commonwealth made clear its commitment to promote access to education for children around

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PLENARY SESSION RESPONDING TO THE COMMONWEALTH CHARTER Left and right page: Discussion leaders Hon. Kerry McCarthy, MP, (left) and Ambassador Adonia Ayebare (right); Below: Hon. Lulama Smuts Ngonyama, MP, South Africa (left); and Hon. Samantha Sacramento, MP, Gibraltar, (right).

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PLENARY SESSION RESPONDING TO THE COMMONWEALTH CHARTER of violence endured by the gay/ lesbians/transgender community. Its omission was particularly noted given that so many countries, including some Commonwealth countries, still regarded homosexuality as a punishable crime.

Capital punishment is still a reality as it is lawful in 36 of the 58 countries.

It is imperative that the Charter be monitored and reviewed and that Parliaments uphold and promote human rights.

Ms McCarthy stressed the issue should be an agenda item at the next CPA Conference in Cameroon. She continued that the Commonwealth had to take a leading role in ensuring that women were protected in cases of violence such as corrective rape of lesbians, forced marriages and stoning.

She concluded that though the Charter was a great accomplishment, the Commonwealth could not be complacent or conceal the violation of human rights. In short, the Commonwealth had to be a strong voice in the world. the world but again members had to fight for tangible policies from governments to improve education for girls and boys.

Despite all states and citizens being equal in the Commonwealth, the inclusion of access to health, education, food and shelter in the Charter reflected the striking economic inequalities that existed.

It was therefore incumbent on the Commonwealth to work at reducing these inequalities.

According to the United Nations Development Programme, the Commonwealth is home to over 60 per cent of people with HIV. In light of this, special attention on the treatment and prevention of HIV and AIDS was required from the Commonwealth.

Speaking about the Millennium Development Goals (MDGs) Ms McCarthy said that the Commonwealth could play a central role in its advancement in two years’ time, by deciding upon goals post-2015 and how these could be achieved.

The commitment to protect of the environment is essential and

reflected the urgent and compelling challenges the majority of countries faced in the 21st century. Many of the Commonwealth nations, especially the small island states, were particularly vulnerable to climate change. The Commonwealth needed to prioritize multilateral cooperation and concerted collective action to reduce carbon emissions, limit rises at sea level and safeguard habitats.

The clear commitment to human rights and democracy including Rule of Law, Freedom of Expressions and the Separation of Powers are universal and human rights. The endorsement of religious freedom is fundamentally important.

Governments have the responsibility to respect these commitments.

The Charter rightly stated that the Commonwealth is opposed to all forms of discrimination whether rooted in gender, race, colour, creed, political belief or any other grounds.

The Charter however did not explicitly refer to discrimination on the grounds of sexuality given the discrimination and in some countries, the acts

A milestone in Commonwealth countries’ development and prosperity Ambassador Adonia Ayebare, Political Affairs Division of the Commonwealth Secretariat, began by reminding participants of the Charter’s history and significance. On 11 March 2003, Commonwealth Day, HM Queen Elizabeth II signed the Commonwealth Charter and on 14 December 2012 it was signed by the members of the Commonwealth.

This single document committed Commonwealth countries to uphold the values to which they committed themselves to; a commitment that affected approximately a third of the world’s population.

Ambassador Ayebare argued that the adoption of this document was a milestone in the development and prosperity of the Commonwealth countries. The Charter along with Parliamentarians through the Commonwealth Parliamentary Association had the potential to build a network for effective oversight. To

achieve this, countries should: • Adopt the Charter as an instrument in oversight; • Integrate and domesticate the Charter; • Ensure future resolutions and legislation reflected the Charter; and • Reinforce the Commonwealth as guardians of the Charter.

The discussion In the discussions that followed, a delegate from South Africa requested a greater emphasis on the engagement of citizens to deepen democracy. He also raised the issue of help versus capacitation for vulnerable states and the ensuring of economic development.

The discussion then moved to the issue of human rights and the right of sexual orientation. While some participants voiced their support of the freedom to choose orientation, those opposed to it were equally as vocal. This debated concluded with pleas by delegates not to detract from the importance of the Charter by the focussing on a single issue but rather to see the good in the charter and to see the Charter in its totality.

Recommendations from the Final Plenary Recommendation One: “CPA Member Parliaments must integrate the provision of the Charter in their work. Parliaments should popularise, monitor and exercise oversight on the Executive for compliance.”

Recommendation Two: “Commonwealth Parliamentarians and Parliaments have a duty to hold their governments to account if they fail to uphold the values set out in the Charter.”

Recommendation Three: “Parliaments are the heart of democratic society and indispensable for popularising, implementing and enhancing the fundamental principles and values of the Commonwealth Charter.”

All recommendations from the Final Plenary were endorsed.

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CPA MATTERS

CPA Statement of Purpose The Commonwealth Parliamentary Association mobilizes its Parliaments, Legislatures, their Members and staff to advance the consideration of good democratic governance and the institutional and professional development of its membership. It works in the Commonwealth through meetings and publications to discuss: • The democratic representation of all sections of society and both genders; • Parliamentary oversight of the executive; • Parliamentary involvement in formulating legislation and government policy; • The role of small Parliaments; • Parliamentary outreach to the people, and • The independence of Parliament from the executive government.

Adopted by the CPA General Assembly, Colombo, Sri Lanka, September 2012.

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Parliamentary Report

NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS INDIA: The National Food Bill Page 335

INDIA: The Rajiv Gandhi National Aviation University Bill, 2013 Page 337

NEW ZEALAND: The Inquiries Bill Page 339

AUSTRALIA: Australian Education Act Page 347

abbott liberal/ national coalition government elected Page 345

ENABLING FOOD SECURITY IN INDIA

EMERGENCY DEBATE ON SYRIA

Page 334

Page 342

EXPENSES SCANDAL IN THE CANADIAN SENATE Page 349

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INDIA

Enabling food security in india The Parliament of India passed the National Food Security Bill, 2013 to provide a statutory basis for a framework assuring food security to all. The Bill was passed by the Lok Sabha on 26 August 2013 and the Rajya Sabha on 2 September 2013 and received Presidential assent on 10 October 2013.

Considered as the government’s biggest programme to fight hunger, the Bill sought to provide highly subsidized food grains to about two-third of India’s population and make food security a right instead of a welfare measure.

The Bill, 2013 put special focus on the needs of the poorest people, women and children.

It addressed the issue of food security in a life cycle approach, providing separate entitlements for pregnant women and children from six months to 14 years, along with entitlements to a much larger population to receive subsidized food grains under the Targeted Public Distribution System (TPDS). The Bill covers 75 per cent of the rural and 50 per cent of the urban population, with a uniform entitlement of five kg per person per month.

While the Central Government would determine the percentage coverage under the TPDS in rural and urban areas of each State, the State Government would identify households within the coverage determined for each State. The Act also contained provisions for nutritional support to pregnant women and lactating mothers.

Prof. K.V. Thomas

Free meals would be given during pregnancy and six months thereafter and maternity benefit of no less than Rs 6,000 in such installments as prescribed by the Central Government. Children in the age group of 6 months to 14 years would be entitled to meals under the Integrated Child Development Services (ICDS) and Mid-Day Meal (MDM) schemes. The eldest woman of the household of 18 years age or above was to be the head of the household for the purpose of issuing ration cards. There was also a provision for food security allowance to entitled beneficiaries in case of nonsupply of entitled food grains or meals. The Central Government would provide assistance to the State Governments in meeting the expenditure incurred by them on intra-State movement.

On 13 August 2013, Shri Prabodh Panda (CPI) moved a Statutory Resolution for disapproval of the National Food Security Ordinance, 2013 promulgated by the President

on 5 July 2013. The Minister of State of the Ministry of Consumer Affairs, Food and Public Distribution, Prof. K.V. Thomas moved the motion for consideration of the Bill. Moving his motion, the Minister said the government with the passing of the Act, would fulfill its promise to provide food security. The government had accepted most of the recommendations made by the Departmentally Related Standing Committee on Food, and Consumer Affairs, which had thoroughly examined the initial Food Security Bill.

As the discussion remained inconclusive, the matter was again taken up on 26 August 2013. The Minister informed the House that the census of 2011 population would form the basis for deciding the number of persons to be covered under the Bill. He was confident that the Bill would encourage more accountability and transparency

Shri Prabodh Panda, MP

in the entire public distribution system (PDS) system. One of the

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INDIA loopholes of the present TPDS was that there was a leakage of 20 to 35 per cent. PDS related records would be placed in the

public domain and there would be social audit and vigilance committees. It was estimated that the total food grains

requirement for implementing the National Food Security would be around 62 million tonnes. The estimated food subsidy for the

implementation of the National Food Security Bill, 2013-14 was Rs 1,24,827.

Shri Panda said he was

THIRD READING: INDIA The National Food Bill, 2013 Article 47 of the Constitution of India, provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights, to which India is a signatory, also cast responsibilities on all State parties to recognize the right of everyone to adequate food. Eradicating extreme poverty and hunger is one of the goals under the Millennium Development Goals of the United Nations.

In pursuance of the constitutional and the international conventions obligations, providing food security has been focus of the government’s planning and policy. Food security means availability of sufficient food grains to meet the domestic demand as well as access, at the individual level, to adequate quantities of food at affordable prices. Attainment of selfsufficiency in food grains production at the national level has been one of the major achievements of the country.

In order to address the issue of food security at the household level, the government has been implementing the Targeted Public Distribution System under which subsidized food grains are provided to the Below Poverty Line, including Antyodaya Anna Yojana, and Above Poverty Line households. While the Below Poverty Line households under the Targeted Public Distribution System receive 35 kgs food grains per family per month, the allocation to Above Poverty Line households depends upon availability of food grains in the central pool. Allocations for other food based welfare schemes for women and children, natural disasters, etc., are also being made at subsidized rates.

Ensuring food security of the people, however, continues to be a challenge.

The nutritional status of the population, and especially of women and children, needs to be improved, hence the requirement for the introduction of the National Food Security Bill. The legislation marks a paradigm shift in addressing the problem of food security—from the current welfare approach to a right based approach. Besides expanding coverage of the Targeted Public Distribution System, the proposed legislation seeks to confer legal rights on eligible beneficiaries to receive entitled quantities of food grains at highly subsidized prices. The objective also caters for women and children to receive meals free of charge.

Some definitions of core terms clarify: “central pool” as the stock of food grains which is: (i) Procured by the Central Government and the State Governments through minimum support price operations; and (ii) maintained for allocations under the Targeted Public Distribution System, other welfare schemes, including calamity relief and such other schemes; “eligible households” as households covered under the priority households

and the Antyodaya Anna Yojana referred to in sub-section (1) of section 3; and “fair price shop” a shop which has been licensed to distribute essential commodities by an order issued under section 3 of the Essential Commodities Act, 1955, to the ration card holders under the Targeted Public Distribution System.

Chapter II on provisions for food security details the following provisions: “Entitle every person belonging to priority households, to receive every month from the State Government, under the Targeted Public Distribution System, five kgs of food grains per person per month, at subsidized prices specified in Schedule I to the proposed legislation.

“Entitle every pregnant woman and lactating mother to meals, free of charge, during pregnancy and six months after child birth, through the local anganwadi, so as to meet the nutritional standards specified in Schedule II; of the Bill and to provide to such women maternity benefits of no less than six thousand rupees in such installments as may be prescribed by the Central Government.

Chapter III details provisions entitling the eligible persons under Chapter II of the legislation, to receive such food security allowance from the concerned State Government to be paid to each person, in case of non-supply of the entitled quantities of food grains or meals, within the time and manner prescribed by the Central Government, while Chapter IV outlines provisions with regard to identification of eligible households.

An obligation has been imposed upon the Central Government to ensure regular supply of food grains for persons belonging to eligible households and allocate the required quantity to the State Governments under the System from the central pool as per the entitlements and at prices specified in Schedule I to the legislation.

Provisions have also been made for implementation and monitoring by the State Government of the schemes of various Ministries and Departments of the Central Government in accordance with guidelines issued by the Central Government for each scheme, to ensure food security to the targeted beneficiaries in their State and make the local authorities responsible for the proper implementation of the proposed legislation in their respective areas.

During discussion on the Bill in both Houses of Parliament the legislation was welcomed by almost all sections of the House as watershed legislation seeking to address the primordial needs of marginalized and weaker sections of the society of the country. Some Members did have concerns on the benefits being credited to those in need, while others offered suggestions for effective implementation of the law.

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not against the Food Security Bill per se. The government instead of referring the proposed amendments to the Parliamentary Committee promulgated the Ordinance just 20 days before the commencement of the Parliament’s Session. The Bill was inadequate and suffered from some serious flaws. He said the public distribution system should be made universal.

The senior BJP leader, Dr Murli Manohar argued that the provision of five kg per person per month was not adequate as 14 kg of food grains required per person per month according

INDIA to international standards. The objective of this Bill should have

Smt. Sonia Gandhi, MP

been universal i.e. food security

for all and not confined to 75 per cent of people in rural areas and 50 per cent in urban areas. The element of nutrition had been completely ignored. He accused the government of promising utopia as the government had not yet even ascertained the correct number of below poverty line (BPL) families in the country.

He said the government was trying to win over the people. He wanted to know where from the government would arrange funds for the Bill.

The UPA Chairperson and the President of the Indian National Congress Smt. Sonia

THIRD READING: INDIA The Securities and Exchange Board of India (Amendment) Bill, 2013 The Securities and Exchange Board of India, 1992 (SEBI Act) was enacted to provide for the establishment of the Securities and Exchange Board of India to protect the interests of investors in securities and to promote the development of, and to regulate, the securities market.

The Securities Appellate Tribunal (SAT) was established under section 15 K of the SEBI Act to adjudicate upon appeals against the decisions of the Securities and Exchange Board of India. Section 15M of the Act, relating to qualifications for appointment as the Presiding Officer of SAT, provides that a person shall not be qualified for appointment as the Presiding Officer of SAT unless he is a sitting or retired judge of the Supreme Court or a sitting or retired Chief Justice of High Court.

The post of Presiding Office of SAT fell vacant on 29 November 2011. Efforts to identify a suitable candidate under the existing eligibility criteria were not successful, and, therefore, the post remained vacant.

As there was an urgent need to fill the post of Presiding Officer of SAT and Parliament was not in session, it became necessary to amend section 15M of the SEBI Act by way of promulgation of an Ordinance.

Accordingly, the Securities and Exchange Board of India (Amendment) Ordinance, 2013 was promulgated on the 21 January, 2013. A Bill to replace the said Ordinance was introduced in Rajya Sabha and was passed by it on 11 March, 2013. However, before the Lok Sabha could consider the Bill, the House was adjourned. Therefore, the Ordinance promulgated on 21 January 2013 lapsed

on 4 April 2013, as the Bill could not be enacted within six weeks of re-assembly of Parliament as required under Article 123 of the Constitution of India. This necessitated promulgation of the Securities and Exchange Board of India (Amendment) Second Ordinance, 2013 on 29 May 2013 so that the recruitment process for filling up the post of Presiding Officer, Securities Appellate Tribunal, is not affected. In view of these circumstances the government brought forward Securities and Exchange Board of India (Amendment) Bill, 2013.

The Amending Bill incorporated a new section 15M in the parent Act. The new Section provides that a person shall not be qualified for appointment as the Presiding Officer of a Securities Appellate Tribunal unless he is a sitting or retired Judge of the Supreme Court or a sitting or retired Chief Justice of a High Court.

The proviso to this Section lays down that the Presiding Officer of the Securities Appellate Tribunal shall be appointed by the Central Government in consultation with the Chief Justice of India or his nominee.

The Ordinance replacing amending Bill which brought about the needed amendment for unfettered functioning of SEBI was welcomed by all sections of both Houses of Parliament. The Bill was passed by Lok Sabha on 27 August 2013 and by Rajya Sabha on 5 September 2013.

The Bill as passed by both Houses of Parliament was assented to by the President on 12 September 2013. Consequently the Ordinance got replaced and the Securities and Exchange Board of India stood amended to the required extent.

Gandhi, MP, said the Bill was the fulfillment of the promise made by the party in its election manifesto in 2009, that it would bring food security law and provide food grains to all the people of the country, particularly the weaker sections of society. The Bill would provide legal right to food security to those that needed it. She emphasized that both agriculture and farmers were an integral part of the government’s policy and their needs had been given top priority and would always remain so.

There was a need to overhaul the PDS and fair price shops and to ensure that benefits of this system reached actual beneficiaries and in right quantity. There was also need to address the problems of leakage prevailing in the system. The right to food security was a very strong medium to empower the needy, enhance accountability of the administration, reduce corruption and make the whole system effective.

The Samajwadi Party leader Shri Mulayam Singh Yadav, MP, asserted that all the Chief Ministers of the States should have been called and consulted before bringing forward the Food Security Bill, as the Bill once enacted would put a huge burden on the states.

Terming the Bill as anti-farmer he wanted the government to guarantee that the produce of the farmers would be procured otherwise farmers would be ruined. Nowhere in the Bill was it mentioned as to what assistance would be provided to the States.

He asked the government to inform as to what criteria had been adopted for defining the poor.

He was surprised that the government was going to start providing free and cheaper food grains without even ascertaining the number of poor people. For him, the Bill was nothing but an election stunt. He asked the government to ensure that there

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INDIA was no interference with the right of the states.

Shri Dara Singh Chauhan, MP, (BSP) said there would have been no need for such a Bill if appropriate measures would have been taken earlier to bridge the gap between the rich and

the poor. He advocated taking strong measures to stop leakage in the PDS so as to ensure that the benefits reached the poor.

He suggested 100 per cent coverage of Scheduled Caste and Scheduled Tribe people under the Scheme and States should be

allowed to determine the number of poor people in their respective states.

Describing the Bill as a very bold step, Shri Sharad Yadav, MP, (JD-U) said even though there had been many schemes for the poor, the structure of

the country was such that it did not allow the benefits of such schemes to reach those that needed it. He believed poverty was linked to social hierarchy, and unless the right to food security was made a universal right the purpose would be defeated.

THIRD READING: INDIA The Rajiv Gandhi National Aviation University Bill, 2013 Civil aviation is a key infrastructure sector that facilitates growth of business, trade and tourism, with significant multiplier effects across the economy. In 2006 Kaw Committee inter-alia looking into aviation needs of the country, had recommended setting up of a National Aviation University in India. The 12th Five Year Document has also made a similar recommendation to augment qualified and trained manpower for aviation sector in India.

The future outlook of Indian aviation sector is highly encouraging.

Forecasts of air traffic suggest a robust growth of the sector and its implied demand requires skilled human resources to upgrade and operate infrastructure across segments such as airlines, airports, ground-handling, cargo operations, maintenance, repair and overhaul, etc. The quantitative estimates and qualitative gaps indicated that the sector is grappling with inadequacy of skilled, managerial and operational personnel needed to steer the sector in its growth phase.

The opportunity cost of not investing in human resources required for civil aviation sector in India at this juncture would result in reduced growth, increased cost of operations, compromise on safety and missed opportunities. Therefore, it was felt that a holistic intervention was required to address the manpower challenges facing the sector. The sector needed an apex education institution in the country, hence the imperative need for setting up of a National Aviation University.

The government, in turn, brought forward the Rajiv Gandhi National Aviation University Bill, 2013.

The objects of the proposed legislation is to establish National Aviation University as a Central University and as autonomous body under the administrative control of Ministry of Civil Aviation to be called “Rajiv Gandhi National Aviation University” which will facilitate and promote aviation studies, teaching, training, research and extension work.

Since there are a sizeable number of institutions providing flying training, there is a need to standardize the quality of such education and training through affiliation and academic supervision by a Central University. Features of the Bill include: Provisions have been made for establishment of the Rajiv Gandhi National Aviation University at Raebareli, Uttar Pradesh (State in India) and other logistical provisions such as maintenance of its campuses and centres, and for enumerating the powers of the University which includes, inter alia, to provide for instructions, to recognize aviation training colleges and to confer honorary degrees or other distinctions.

The President of India was appointed the Visitor of the University who in that capacity has been vested with the power to appoint one or more persons to review the work and progress of the University including colleges and institutions managed by it.

Provisions have also been made with regard to the Deans of Schools and appointment of the Registrar who has been vested with the power to enter into, and sign agreements and authenticate records on behalf of the University.

Universities have been conferred power to make Ordinances to provide for all or any of the following matters, such as: (a) The admission of students to the University and their enrolment as such; (b) The courses of study to be laid down for all degrees, diplomas and certificates of the University; and (c) The medium of instruction and examination.

During the discussion in Parliament, the Bill was by and large perceived as a timely initiative. Some members voiced their reservation mainly on the grounds of: Bill being brought in a hurry; proposed location of university; focus should first have been in putting in place a regulatory authority. The Bill found favour among most sections of the Houses of Parliament for: facilitating imparting employment oriented education to youth of the country; boosting commerce, trade and tourism; much needed step for enhancing image and effectiveness of Indian aviation sector. Suggestions had also been made for setting up new universities and airports and for standardizing aviation training in the country.

The Minister-in-charge of the Bill while replying to the discussion clarified that the Bill was brought before Parliament only after due deliberation. A world renowned consultant KPMG was hired.

It was only after in-depth ground work that the legislation was conceptualized and not brought in haste. With regard to location of the university, the Minister conceding Members’ suggestions for other locations such as Bengaluru, Hyderabad etc, assured that more universities would come up in due course. Airports as also universities would be set in other deserving places.

The Bill was passed by Lok Sabha on 6 September 2013 and on Rajya Sabha on 7 September 2013. The Bill as passed by both Houses of Parliament was assented to by the President of India on 18 September 2013.

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Huge investment for creating additional storage capacity was required for the success of the Bill.

He regretted that even after 65 years of independence, the

Smt. Harsimrat Kaur Badal, MP

government had not been able to determine the actual number of poor. He suggested for leaving this task either with the States or MPs as they were aware of the realities.

For Shri A. Sampath, MP, (CPI-M), food security was not all about providing food grains only as was mentioned in the Bill. The Bill was silent about providing pulses and edible oils used in cooking which were essential for a healthy life.

He asked for the Bill to cover the entire population and to be made a universal right.

Shri Bhartruhari Mahtab, MP, (BJD) regretted that poverty and starvation continued to thrive as relentlessly as before. He was against the per capita entitlement approach and suggested for per household entitlement.

The Central Government could allocate grains to the States on the basis of the entitled population and left it to the States to decide which approach they preferred to use. For him targeted approach was a fundamental cause of corruption.

The Minister of Heavy Industries and Public Enterprises, Shri Praful Patel, MP, (NCP) said the Bill was a historical one and requested for Members

INDIA to support it. He emphasized on paying proper attention to the needs of the farmers for increasing production. Dr M. Thambidurai, MP, (AIADMK) said the Central government was pushing the Food Security Bill to get electoral benefits and was not concerned about the financial burden on the States.

If the Central government was serious about the Bill, there had to be a discussion with all Chief Ministers to find out the best way to implement the Scheme. Shri Nama Nageswara Rao, MP, (TDP) thought there were many loopholes in the Bill as far as its implementation aspect was concerned.

Smt. Harsimrat Kaur Badal, MP, (SAD) failed to understand how a Food Security Bill, that provided no proteins, vitamins, pulses, or dairy products could claim to provide nutritional security to this nation. She wanted to know the basis on which the government reached the conclusion that the quantity of five kg per person was more than enough. She was of the view that the financial burden would increase the fiscal deficit and also put pressure on the government not to increase the minimum support price given to the farmers. Shri Lalu

Shri Praful Patel, MP

Prasad, MP, (RJD) requested the Members to support the Bill as it was in the interest of the poor and marginalized sections of society and shortcomings if any

could be removed subsequently.

He also highlighted the need to correct the list of targeted people and include those poor families who had been left out. Since the State of Bihar was prone to flooding, additional storage capacity should be created to ensure that the benefits of this Bill reached targeted groups.

Shri S.D. Shariq, MP, (J&KNC) suggested for strengthening the monitoring system and the State

that measures be taken to stop corruption in the implementation of the PDS. She wanted to know how farmers were proposed to be compensated when procurement did not taken place due to natural disasters such as flooding.

Replying to the debate, Prof. Thomas assured that all constructive suggestions coming from Members would be positively considered while implementing the legislation.

Both the State and Central Government would have to work hand-in-hand to make it a successful legislation. The Bill would cover 67 per cent of the population of the country; 820 million people. He responded that while the government would be happy to provide food grains to everybody in the country it was not possible at this current stage.

Shri Lalu Prasad, MP

Governments in confidence for the proper implementation of the provisions of the Bill.

Kumari Saroj Pandey, MP, (BJP) said nothing had been mentioned about how much burden the States would have to bear and what would be the system of storage and distribution of food grains. She wanted to know how the problem of malnutrition could be addressed with the help of rice, wheat and coarse grains under the proposed Bill. Shri Asaduddin Owaisi, MP, (AIMIM) said 15 per cent quota should be given to the Muslim minorities. He requested the government to earmark sufficient funds for proper implementation of the Bill as the State governments had completely failed, especially in respect of the Rural Employment Guarantee Act. Shri Thol Thirumaavalavan, MP, (VCK) requested the government to increase the amount to at least 10 kg and methodically determine the targeted beneficiaries.

Smt. Jayaprada (SP) asked

Shri Thol Thirumaavalavan, MP

The government was trying to streamline the PDS and reduce the damages and leakages in the central procurement system and trying to further increase the storage capacity. Regarding the protection of the interests of farmers he said the MSP for the farmers would not be frozen, and any food grains that came to the market would be taken over by Food Corporation of India.

Every State had its own PDS model and not one could be accepted as a whole. At the end of the debate, the Statutory Resolution moved by Shri Panda was rejected and the Bill, as amended, was passed.

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NEW ZEALAND

FAMILY COURT PROCEEDINGS REFORM BILL THIRD READING: NEW ZEALAND

Hon. Judith Collins, MP

Ten Bills divided from the omnibus Family Court Proceedings Reform Bill passed their third readings on 19 September 2013. Among other measures, they introduce a new out-of-court family dispute resolution service, aimed to better focus the Family Court on cases that need a judicial decision, and amend the Domestic Violence Act to improve the implementation of existing provisions for the safety of people affected by domestic violence. The Minister of Justice, Hon. Judith Collins, MP, (National) said that the legislation, which implemented government decisions based on the findings of a 2011 ministerial review of the family justice system, would “ensure a modern, accessible, and sustainable [system] that supports the children and vulnerable people who most need the Family Court’s protection. …

[It] encourages parents to resolve matters themselves [and] targets the use of professionals, including lawyers, to help resolve the more serious cases.”

The Inquiries Bill The Inquiries Bill, arising from a 2008 Law Commission review of the Commissions of Inquiry Act 1908, was passed with unanimous support on 22 August, more than four years after its first reading. The Bill reforms and modernises the law, which the commission had described as “antiquated”.

The Minister of Internal Affairs, Hon. Chris Tremain, MP, (National) said that “the Bill was deliberately put on hold during the Canterbury earthquakes and the Pike River royal commissions of inquiry to enable us to learn from those inquiries and strengthen the Bill as a result.”

He outlined the main purpose of the Bill: “It provides for two new types of inquiries, public inquiries and government inquiries, while recognising and providing for royal commissions established under the letters patent. Public inquiries will be established for matters of significant public importance. Government inquiries will deal with more immediate issues,”.

Hon. Maryan Street, MP, (Labour) noted that the Bill “will strengthen the openness of information. It will strengthen the conduct of inquiries and it will allow people in New Zealand to have confidence that when inquiries are called they will have access to the content and the results.” Acknowledging the strong cross-party support at all stages of the Bill, Hon. Trevor Mallard, MP, (Labour) said, “I think it is an indication of Parliament working together in a way that it can.”

Legislation passed under urgency Bills aimed at improving fiscal accountability, reforming New Zealand’s capital markets legislation, and amending the resource management legislation were among legislation that passed when the House sat under urgency on 27 and 28 August.

Moving the third reading of the Public Finance (Fiscal Responsibility) Amendment Bill, the Minister of Finance, Hon. Bill English, MP, (National) said: “One of the strengths of governance in New Zealand that is internationally recognised has been the broad political support for the Fiscal Responsibility Act of 1994.” The new measures would include a new reporting requirement for the government to “assess its performance against its fiscal strategy.” and would require that the government be “a bit more transparent over issues such as the interaction of fiscal and monetary policy, and the impact of decisions today on future generations.” It would also codify existing practice “around the interaction of fiscal and monetary policy.”

Opposing the bill, Mr David Cunliffe, MP, (Labour) said: “This Bill …was the price of coalition. It was the ridiculous notion … that the best way to restrain public finance was to put on a strict cap. Of course, that stupid idea went down the river, and it was to have been replaced with a genuine process of multiparty consultation that would have led to an updating on what has hitherto been a bipartisan Bill. But, unfortunately … the draft before us is none of those things.”

However, Ms Julie-Anne Genter, MP, (Green) said: “Although I acknowledge that the Bill had a very unfortunate political genesis, luckily the very worst aspects of that original Bill, [the ACT Party’s] spending cap, have been dumped, and what has been left is actually a pretty good Bill, requiring greater transparency from the government … Having regard to the impact on present and future generations is extremely important, and … very much in line with the Green Party’s philosophy on economics and monetary and tax policy.”

The Bill passed its third reading on 28 August by 85 votes to 36.

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However, Mr Andrew Little, MP, (Labour) said: “This is not legislation to put the interests of children first. It is not even legislation to put the interests of separating couples first. It is about putting the government’s balance sheet first and foremost.

This legislation started…as a reform process to address the quite legitimate [concerns] about the fact that more court time and more judge time was being tied up in what might otherwise be described as trivial matters. What came back was… legislation focused on the care of the children issue, which is important…but it was also about removing the responsibility of the state to ensure good and fair outcomes…[and it] beat up on the lawyers and the professional advisers who have been involved in that process.”

Mr David Clendon, MP, (Green) was concerned about new provisions limiting legal aid for parties undergoing separation: “[The] right to legal representation is a constitutional underpinning… but also the fact that even to the extent that perhaps we might seek to take some cost out of the court, having self-litigants in the court will slow the process down. There will be significant cost, both personal and financial, when people try to represent themselves in the court, which they…typically do quite badly.”

Mr Denis O’Rourke, MP, (New Zealand First) also considered that “the test for legal aid to be provided is far too tough. The legislation will exacerbate…areas where there is a power imbalance, by forcing parties into processes where one party will have the advantage of representation or advice, and another will not. It is all very well to have a simplified and cheaper system, but this will be at the expense of the equality of the parties…and it therefore risks compromising the system as a whole, reducing

NEW ZEALAND

Dr Russell Norman, MP

the success rate, and damaging the outcomes for the very people—the children—whose interests, the legislation says, are to be paramount.” He also said that the prohibition on the court appointing counsel for the child unless there were concerns for the care of the child was “far too tough” in proceedings under the Care of Children Act. “It should be the other way round—the court should appoint a lawyer unless it finds that it is unnecessary to do so.”

The legislation was passed by 61 votes to 57.

Intelligence and security legislation Legislation arising from the Government Communications and Security Bureau and Related Legislation Amendment Bill passed its second and third readings in August 2013. It clarifies the legal parameters for the activities of the Government Communications and Security Bureau (GCSB), and updates relevant legislation to reflect changes in the security environment.

The legislation arose from a government review that identified cases where the bureau had acted without the necessary legal powers.

The review followed a High Court ruling in March 2013 on the activities of the bureau in connection with the 2012 police arrest of Megaupload founder Kim Dotcom. Mr Dotcom, who

had been granted New Zealand residency, was being sought by the United States to answer criminal charges in relation to the Megaupload website.

Opposing the Bill at its second reading, Labour Leader Mr David Shearer, MP, said: “we would not be here putting this legislation through if it had not been for Dotcom…we then found out there was illegal spying on many other New Zealanders.” However, Green Party Co-leader, Dr Russell Norman, MP, said that the Bill was “not just about Kim Dotcom”, describing it as “part of a broader international discourse about the surveillance state.”

Moving the third readings of the divided legislation on 21 August, the Prime Minister, Mr John Key, MP, (National) acknowledged that the legislation had attracted a lot of debate. He said it was not “a revolution in the way New Zealand conducts its intelligence operations. It is not about expanding the powers of a mysterious intelligence empire. It simply makes clear what the GCSB may and may not do, … It fixes the problems with the current Act and clears up the ambiguities that Labour passed into law a decade ago. It puts in place a robust review of the intelligence agencies in 2015 and every five to seven years

Rt Hon. David Carter, MP

thereafter.

“It requires more transparency through open public hearings

for the financial reviews of the intelligence agencies. … It acknowledges the importance of human rights, independence, integrity, and professionalism.”

Maori Party Co-leader Mr Te Ururoa Flavell, MP, said the legislation was “intrusive and it lacks justification for what we believe is an extraordinary extension of the GCSB’s powers,”. Mr Phil Goff, MP, (Labour) criticised the process, saying that the government had “at no stage…sought what traditionally a government would seek in legislation of this nature, which is to earn cross-party support.” Mr O’Rourke agreed: “If the legislation had not been so rushed … and if more time and effort had been put into the development of properly balanced and carefully drafted pieces of legislation…then crossparty support may have been possible.”

The legislation was passed by a majority of two votes.

Citizens initiated referendum on state-owned assets Under the Citizens Initiated Referenda Act 1993, non-binding referenda that meet the eligibility criteria can be held on any subject. On 3 September the Speaker, Rt Hon. David Carter, MP, informed the House that a petition had been received calling for a citizens initiated referendum on the question: “Do you support the government selling up to 49 per cent of Meridian Energy, Mighty River Power, Genesis Power, Solid Energy, and Air New Zealand?”.

The promoter, Roy Reid, began the petition as a result of recent legislation arising from the Mixed Ownership Model Bill, which removes companies in which the government plans to sell a minority of shares from the ambit of the State-Owned Enterprises Act 1986.

The petition had been received by the Clerk on 12 March 2013,

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NEW ZEALAND but it did not have sufficient valid signatures (at least 10 per cent of register electors) and lapsed.

The promoter was entitled to re-submit the petition within two months, and returned it with an estimated 327,224 eligible signatures.

The referendum, the fifth to proceed under the Citizens Initiated Referenda Act, will run from 22 November to 13

Hon. Amy Adams, MP

December. The result will be nonbinding on the government.

Bills passed The Financial Markets Conduct Bill and the Financial Markets (Repeal and Amendments) Bill were passed with 104 votes in favour and 16 votes against.

Moving the third readings, the Minister of Commerce, Hon. Craig Foss, MP, (National) described the legislation as “a major milestone in the reform of New Zealand’s capital market regulation. …It modernises and makes substantial changes to New Zealand’s securities laws.

These set many of the rules for how financial products and financial services are offered to the public and how they are governed and operated.” He said that the legislation was “informed by more recent lessons of the global financial crisis and our experiences with the collapse of the finance companies.”

Supporting the legislation, Dr David Clark, MP, (Labour) said: “This legislation is an attempt to

make sure that retail investors and ordinary folk … have the kinds of protections that they ought to be offered. It is about transparency and the efficient functioning of markets.”

He congratulated “Ms Dalziel, Ms Curran, and others who have worked on this over a period of time, and the Minister of Commerce, Mr Foss, for guiding this through the House.”

However, Dr Norman warned that “under the new legislation it will be harder to get a prosecution and a conviction over the line than it was under the old legislation,”.

There was less support for three Bills arising from the Resource Management Reform Bill, which passed with 63 votes in favour and 57 against. The Minister for the Environment, Hon. Amy Adams, MP, (National) said the changes would “improve efficiency, enable growth, provide good environmental outcomes, and ensure decisions about resource management are reached in a timely and costeffective way.”

The legislation would build on changes made to the Resource Management Act in 2009 “in order to reduce costs, uncertainties, and delays.” Ms Adams said: “The legislation also makes important changes to facilitate the government’s programme to

Hon. Lianne Dalziel, MP

deliver high-quality independent environmental reporting in New Zealand.” She indicated her

intention to introduce a further resource management reform Bill later this year.

Opposing the legislation Hon. Maryan Street, MP, (Labour) warned: “All of these things, piece by piece, little by little, are having a cumulative effect on our environmental protections and on the things that New Zealanders hold dear.”

She said that “although there may be room to improve and streamline the Resource Management Act…a wholesale, staged implementation of a plan against the Resource Management Act is not justified.”

Ms Eugenie Sage, MP, (Green) observed: “We should not be debating changes to our most important environmental law, the Resource Management Act, under urgency.”

Valedictory Hon. Lianne Dalziel, MP, (Labour) delivered her valedictory statement on 18 September after 23 years in Parliament.

She resigned as a Member of Parliament in order to participate in the Christchurch mayoral elections, and has since been elected Mayor of Christchurch.

The Canterbury earthquakes three years ago were the catalyst for Ms Dalziel’s resignation: “I would not be leaving Parliament now if it had not been for the earthquake and all that has happened since.”

Talking about her decision to stand in the mayoral elections, she said that rather than remain to try “fixing what has been done”, her aim in Christchurch “is to build a resilient nation, a nation of communities that are resilient to the ebb and flow of political change”.

Ms Dalziel held a number of ministerial portfolios during the Labour-led government of 1999 to 2004, including serving as Minister of Immigration, Minister of Commerce, and Associate Minister of Education.

As Minister of Immigration from 1999 to 2004, Ms Dalziel was involved in “establishing the New Zealand Immigration Programme, improving New Zealand’s refugee

Ms Eugenie Sage, MP

determination process, creating a focus on settlement outcomes… and the introduction of the talent visa.”

However, it was the Tampa incident, after which New Zealand accepted refugees rescued by a Norwegian freighter when their vessel became stranded in international waters, “that will always stand out for me as an important milestone in our nation’s history, and a symbol of the role that a small country can play when called upon to do so.”

Ms Dalziel served on the Regulations Review Committee in 2004-05 and 2012-13. She described it as “one of the most important select committees in this place” and recommended that “Anyone who wants to be a Cabinet Minister should serve on it.” She offered criticism, however, of its current membership, describing it as “simply insufficient for the quality of scrutiny that this House is entitled to.”

Ms Dalziel thanked the many people she had worked with during her parliamentary career, and called for all Parliamentarians to remember that “although we come from different perspectives, we all come with a desire to make New Zealand a better place.”

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Emergency debate on Syria On 30 August 2013, the British Government was defeated in the House of Commons on a vote relating to military action for the first time in 150 years. The Prime Minister, Rt Hon David Cameron, MP, (Con) had asked the Speaker to recall Parliament from its summer recess to debate the response to a chemical weapons attack outside Damascus. The motion before the House set out the scale of alleged atrocities in Syria, accused the Assad Government of using chemical weapons against its own people, called for a “strong humanitarian response” and stated, “this may, if necessary, require military action that is legal, proportionate and focused on saving lives”.

However, the motion did not mandate such action, saying that a further vote of the House of Commons would be required.

Rt Hon. Edward Milliband, MP

Opening the debate, the Prime Minister described the use of chemical weapons as “a war crime”. He said that the U.S. President, Barack Obama,

Rt Hon. David Cameron, MP

was not eager to go to war, but “profoundly believes that an important red line has been crossed in an appalling way”. He stressed that the government intended to wait for the report of the United Nations investigations team, contrasting that position with the lead-up to the second Iraq war. He argued there was strong intelligence evidence that the Assad Government was responsible for the chemical weapons attacks and that, on this issue, the international community was more united than on Iraq. The Prime Minister concluded by saying: “on this issue Britain should not stand aside. We must play our part in a strong international response; we must be prepared to take decisive action to do so. That is what today’s motion is about, and I commend it to the House.”

Responding to the Prime Minister, the Leader of the Opposition, Rt Hon. Ed Miliband, MP, (Lab), moved an amendment that set out a series of conditions that he believed should apply

before the House considered approving military action. He began by sharing the Prime Minister’s condemnation of the attacks in Syria and of the Assad regime. However, he argued that further evidence – particularly of the Assad Government’s complicity in chemical weapons attacks – was required. He argued that any action should be “timelimited with specific purpose and scope” and that it should regard to the consequences of any action. He described the conditions set out in the opposition’s amendment as a “road map” to taking a decision on military action. Concluding his speech he said: “The seriousness of our deliberations should match the significance of the decision we face, which is why I urge the House to support our amendment.”

Speaking for the Scottish Nationalist Party, Mr Angus

Mr Angus McNeil, MP

McNeil, MP, questioned why the House had been recalled

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A call for U.K. military action in Syria in response to the alleged use of chemical weapons sparked an emergency debate in the U.K. House of Commons.

four days before it was due to sit. His interpretation of events was that the Prime Minister had expected to present the House with a case for imminent military action but concern expressed by the Opposition and others had forced him to back away from that position. Mr McNeil expressed support for the Opposition amendment and stated his party’s intention to vote against the main motion if the House did not agree it.

Supporting the government’s motion, the Chairman of the Foreign Affairs Committee, Mr Richard Ottaway, MP, (Con) expressed a degree of scepticism about the intelligence case and legal basis for action. He said that many Members had “their fingers burnt” when voting for the Iraq war and would be more likely to be sceptical about military action. Nonetheless, justifying his support for the motion, he said “we can behave like a minor nation with no real international responsibilities and put our head in the sand, or we can live up to the expectations that the world community has of us”.

Opposing the motion, Rt Hon. Sir Gerald Kaufman, MP, (Lab), questioned the idea of military action to “punish” President Assad for the use of chemical weapons. Sir Gerald asked what this would do to improve the situation in Syria and expressed his view that “an Assad punished would be worse than an Assad as he is now”. Rt Hon. David Davis, MP, (Con) expressed a similar position, questioning the evidence that the Assad government had been directly responsible for the chemical weapons attacks and asking whether Western intervention would in turn lead to

Hon. Douglas Alexander, MP

further Russian support for the Syrian Government, escalating the conflict further. Mr George Galloway, MP, (Respect) questioned the government’s support for the Syrian Opposition, and cited videos of atrocities that had been circulating on the internet. In common with a number of other speakers, he questioned the intelligence that held the Syrian Government responsible for the chemical weapons attacks. Ms Caroline Lucas, MP, (Green) summed up the views of many in the House, saying Members were united in their condemnation of the chemical attacks in Syria and wanted an outcome to ensure peace in that country, but “I remain to be convinced that a military attack would deter, rather than escalate, conflict in the region”.

Winding up for the Opposition the Shadow Foreign Secretary, Rt Hon. Douglas Alexander, MP, (Lab) said that the Opposition amendment provided a road map for taking a decision on military action. The amendment required “compelling evidence”

of the involvement of the Assad Government – a phrase that he noted was missing from the government motion. He said that the amendment would also require the United Nations Security Council to have considered and voted upon the evidence of involvement.

He stressed that the vote need not necessarily be unanimous, but said “such a vote—and, let us freely acknowledge, quite probably a veto—in the Security Council of the United Nations would also make clear where each member of the Security Council stood” Concluding the debate for the government the Deputy Prime Minister, Rt Hon. Nick Clegg, MP, (Lib Dem), stressed that the “the sole aim [of the motion] is to relieve humanitarian suffering by deterring and disrupting the further use of chemical weapons—nothing more, nothing less. It is not about invasion, regime change, entering into the Syrian conflict, arming the rebels or boots on the ground”.

He repeated the view of the Joint Intelligence Committee

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that there were no plausible alternative scenarios other than that the Syrian Government was responsible for the chemical weapons attacks. He also mentioned again the view of the Attorney General that the use of chemical weapons was a war crime and a crime against humanity.

Pressed by a number of MPs on whether the Government would indirectly support American military action in the absence of a further vote, the Deputy Prime Minister said “there will be no decision taken on any military participation on the part of the U.K. without a separate debate and a separate vote”. Concluding he said that the difference between the Opposition amendment and the government motion was “not one of real substance” and he urged the House to speak “with a united voice”.

The outcome of the vote was a defeat for the Opposition amendment by 332 votes to 220 votes. However, the House then voted down the government motion by 285 votes to 272.

When it became clear that the teller who was to give the paper to the Clerk was a teller for the No’s and that the motion had therefore been defeated, there was considerable excitement in the Chamber.

Some Members called on the government to resign. Others expressed their disappointment and anger at the outcome. The Leader of the Opposition called on the Prime Minister to confirm that “he will not use the royal prerogative to order the U.K. to be part of military action before there has been another vote in the House of Commons”.

The Prime Minister responded, “I strongly believe in the need for a tough response to the use of chemical weapons, but I also believe in respecting the will of this House of Commons. It is very clear tonight that, while the

UNITED KINGDOM House has not passed a motion, the British Parliament, reflecting the views of the British people, does not want to see British

Mr Andrew Rosindell, MP

military action. I get that, and the government will act accordingly”.

European Union Referendum Bill Mr James Wharton, MP, (Con) Private Members’ Bill to require a referendum on U.K. membership of the European Union passed its second reading prior to the summer recess and completed its committee stage in early October.

On 8 November the Bill had its first day of Report Stage on the Floor of the House.

The Bill is unusual because it has the support of the largest political party in the Commons – the Conservatives – but does not have the support of the Coalition Government. Private Members’ Bills (PMB) are not subject to programming like government bills, nor does the Chair impose speaking limits.

They are therefore vulnerable to running out of time should Members who are hostile to the Bill to talk it through. The debate on Report – and indeed debates in Committee – were therefore remarkable for the fact that most of the speaking on the Bill was done by those sceptical of it, despite the majority of those present being in favour of it. A number of Labour MPs

remarked on the fact that Mr Wharton did not speak during any of the proceedings, whilst a Conservative MPs accused Labour Members of putting down “frivolous” amendments to filibuster the Bill.

A small group of Labour MPs, Mr Mike Gapes, MP, Mr William Bain, MP, and the Opposition Spokesperson, Mr Gareth Thomas, MP, had tabled around 50 amendments for Report Stage.

The Liberal Democrat MP had also tabled amendments, whilst Mr Wharton had, along with Mr Andrew Rosindell, MP, (Con) tabled a number of amendments relating to Gibraltar.

The first group of amendments related to the eligibility of those in Gibraltar and the British Overseas Territories to vote in the referendum. Moving the first amendment, Mr Rosindell argued that since the people

Ms Meg Hillier, MP

of Gibraltar were able to vote in European elections it followed that they should be able to vote in the referendum as well.

A number of other Members spoke on Gibraltar, including Mr Martin Horwood and Mr Thomas Docherty, MP (Labour).

Several critics of the Bill argued that the Gibraltar issue demonstrated why it was not an appropriate subject for a Private Members’ Bill.

There followed a debate about the nature of Gibraltar’s representation in the European Union and the implications

for it of the United Kingdom’s withdrawal. However, the majority of Members were in favour of the amendment.

Speaking for the Opposition, Mr Thomas, called the omission of Gibraltar from the original Bill a “snub” and criticized a reference in the amendment to the Colonial Laws Validity Act 1865 as “overkill”.

Mr Gapes spoke in support of amendments that he had tabled relating to other British Overseas Territories.

He went to argue that it was “absurd” that citizens of some European Union countries, such as Malta, would be able to vote in the referendum but that others would not. Similarly, he argued that it was unfair that many British citizens living elsewhere in the European Union would not be able to vote.

Speaking for the government, the Minister for Europe, Rt Hon. David Lidington, MP, argued that the position in relation to citizens of the European Union and British citizens living in the European Union was consistent with that for general elections.

Mr Bain then rose to speak to a number of later amendments in the group, in particular supporting an amendment to give 16 and 17 year olds a vote in the referendum.

Ms Meg Hillier, MP, (Lab) also supported the amendment and noted that her constituency was one of the youngest (in terms of population) in the country.

After approximately three hours of debate on the group, Mr Wharton moved a “closure motion” to end debate.

The House agreed the motion by 293 votes to 53 and agreed the Gibraltar amendment without a vote. It then proceeded to the next group of amendments, on the date of the referendum. This debate was still ongoing at 2:30 pm when time expired.

The House will return to the Bill on 22 November.

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Abbott Liberal/National Coalition Government elected

Hon. Tony Abbott, MP

The Federal election held on 7 September 2013 resulted in a decisive victory for the Liberal/ National Coalition led by Hon. Tony Abbott, MP. In the 150 seat House of Representatives Chamber the Coalition increased its representation from 73 to 90 seats. The Australian Labor Party representation fell from 72 seats to 55. The Greens, Katter’s Australian Party and the Palmer United Party each gained one seat. In addition, two independent members were elected.

While the Coalition will have a commanding majority in the House of Representatives it is a different story in the Senate.

Half of the Senate was up for re-election with new Senators taking their seats from 1 July 2014. As a result of complicated preference deals, a range of minor party Senators have been elected including two Senators for the Palmer United Party, and one Senator each for the Australian Motoring Enthusiast Party, the Liberal Democrats, and the Family First Party. The Senate vote for the

State of Western Australia was subject to a recount but the result is still not clear as the Australian Electoral Commission reported that it had lost 1370 votes. At the time of reporting this issue was still subject to investigation.

Mr Abbott will not have a majority in the Senate which means he will need to negotiate with the various Senators to deliver his policies. In particular, Mr Abbott is committed to repealing key policies of the previous Labor Government

Hon. Joe Hockey, MP

including the carbon pricing mechanism and the minerals resource rent tax. At the same time, the Labor party is opposed to Mr Abbott’s signature policy of paid parental leave which will provide mothers with 26 weeks of paid parental leave, at their actual wage capped to $150 000. In the 44th Parliament all eyes will be on the Senate.

New Abbott Ministry sworn in On 18 September the GovernorGeneral H.E. the Hon. Quentin Bryce, AC, CVO swore in the new

Government. Hon. Tony Abbott, MP became the 28th Prime Minister of Australia. The Leader of the Nationals, Hon. Warren Truss, MP, was appointed Deputy Prime Minister and Minister for Infrastructure and Regional Development, while the Deputy Leader of the Liberal Party, Hon. Julie Bishop, MP, was appointed Minister for Foreign Affairs. The Leader of the Government in the Senate, Sen. the Hon. Eric Abetz was appointed Minister for Employment, and the Deputy Leader of the Senate, Sen. the Hon. George Brandis QC was appointed Attorney-General and Minister for the Arts. In a break with Coalition convention the position of Trade Minister which is normally taken by a National Member was given to a Liberal, Hon. Andrew Robb, MP. In addition, Hon. Joe Hockey, MP, was appointed Treasurer, Hon. Malcolm Turnbull, MP, became Minister for Communications, Hon. Greg Hunt, MP, became Minister for the Environment, and Sen. the Hon. Mathais Cormann took on the role of Minister for Finance. Of the 19 people in the Cabinet only one is female. There are six women in total among the 42 cabinet ministers, outer ministers and parliamentary secretaries.

In announcing his Ministry, Mr Abbot stated that “this is the team that will scrap the carbon tax, end the waste, stop the boats, build the roads of the 21st Century and deliver the strong and dynamic economy that we need”.

Mr Abbott noted that the titles

of Ministers had been simplified compared with the previous government. He stated that “the simplification of ministerial and

Hon. Julie Bishop, MP

departmental titles reflects my determination to run a ‘back to basics’ government”. However concern had been raised that there is now a lack of emphasis on certain policy areas such as science and ageing which are not included in any ministerial title.

Hon. Malcolm Turnbull, MP

Liberal member for Tangney, Dr Dennis Jensen, MP, criticized

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the way science had been treated noting that there was a Minister for Sport in the Cabinet but not a Minister for Science.

In relation to the low female representation in the Cabinet, Mr Abbott stated that “I’m obviously disappointed that there aren’t more women in Cabinet and if Sophie Mirabella had been clearly

Hon. Bill Shorten, MP

ahead in Indi, Sophie would be in the Cabinet. So plainly, I am disappointed that there are not at least two women in the Cabinet.

Nevertheless, there are some very good and talented women knocking on the door of the Cabinet and there are lots of good and talented women knocking on the door of the ministry. So I think you can expect to see, as time goes by, more women in both the Cabinet and the Ministry”.

Liberal Senator Sue Boyce who retires in June noted her concerns about the small representation of women commenting that “I was shocked and embarrassed to see that there is only one woman in Cabinet”. However, she added that “I don’t see that as a fault of Tony Abbott. If you look at the shadow ministry and parliamentary secretaries, we had nine women out of 46. That was the sort of proportion that reflected the number among Coalition MPs” she said, “Abbott had to work with what he was given”.

The then acting Leader of

AUSTRALIA the Australian Labor Party, Hon. Chris Bowen, MP, noted that “the Cabinet of Afghanistan has more women in it than the cabinet of Australia”. He commented that the outgoing Labor Government had six women in the Cabinet.

Bill Shorten – new Opposition Leader On 13 October Hon. Bill Shorten, MP, was elected as Leader of the Australian Labor Party. His election followed the introduction of a new leadership election process in which the rank and file ALP membership cast their votes. Mr Shorten defeated Hon. Anthony Albanese, MP, with 55 caucus votes to 31 but received less support from the ALP membership with 40.08 per cent to 59.92 per cent for Mr Albanese.

The two sources of voting resulted in 52.02 per cent support for Mr Shorten to 47.98 per cent for Mr Albanese.

Bronwyn Bishop elected Speaker of the House of Representatives On 12 November 2013 Hon. Bronwyn Bishop, MP, was elected as the 31st Speaker of the House of Representatives.

She was first elected to the Senate in 1987 and was well known for her forensic scrutiny of government officials as part of estimates hearings. In 1994 she resigned from the Senate

Hon. Bronwyn Bishop, MP

and was elected to the House of Representatives seat of Mackellar

in New South Wales. She has previously held the position of Minister for Defence, Science and Personnel from 1996 to

Mr Rob Mitchell, MP

1998 and the Minister for Aged Care from 1998 to 2001. Prior to entering Parliament she was a solicitor and company director.

The Prime Minister in nominating Mrs Bishop, commented that “as all of us who have known the honourable member well for a long time understand, she is a formidable character, and I can think of no-one more likely to deal with all of the other formidable characters in this place without fear or favour. Bronwyn can do what is necessary to maintain control of what is sometimes an unruly House”. The Leader of the Opposition congratulated Mrs Bishop commenting that “all of us know that you have a fondness— indeed, a forensic passion—for the standing orders. You bring to this House decades of experience. With your capacities, there is no doubt that, within another government, you would have been a very good minister.

I trust you to be independent, as you have stated, and I believe that, through carrying out your functions in an independent manner, you will honour the best traditions of the Westminster system”.

Honourable Bruce Scott, MP, was elected Deputy Speaker.

He has been the member for the Queensland seat of Maranoa

since 1990. He previously served as Minister for Veterans Affairs and Minister Assisting the Minister for Defence, and served as the Deputy Speaker for part of the 43rd Parliament. Before entering Parliament he was a producer of stud merino sheep and a grain grower. Mr Rob Mitchell, MP, was elected the Second Deputy Speaker.

44th Parliament Opened The Governor-General made her opening speech in the Senate Chamber to Senators and Members of the House of Representatives. In addition to announcing the formal calling together of the Parliament, she outlined the government’s parliamentary agenda for the 44th Parliament. The GovernorGeneral noted that “on 7 September, the Australian people voted for a government that said it would repeal the carbon tax, establish a Commission of Audit and improve the budget, strengthen border protection and build the roads of the 21st century. My government will

Hon. Bruce Scott, MP

honour the will of the people and repay their trust”.

At the heart of the government’s programme is a strong, prosperous economy. The Governor-General commented that “my government’s plan for a stronger Australia begins with building a more productive and diverse economy that will

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AUSTRALIA guarantee Australia’s future prosperity by building on our national strengths. It will strengthen the economy through lower taxes, less regulatory burdens and higher productivity”.

In particular, the she noted that “the repeal of the carbon tax and mining tax are at the heart of my government’s plan to strengthen the Australian economy. As its first order of business, this Parliament will consider legislation to repeal the carbon tax”.

In relation to small business and deregulation, the GovernorGeneral stated that “employing almost one in two people in the

Mr Bernard Wright

private sector, small businesses are the best job creators in the Australian economy. My government will lower taxes, cut red tape and make it easier for small businesses to grow and employ more people”. It was noted that Northern Australia is Australia’s growth frontier, and that “over the next 12 months, my government will develop a white paper to guide the policies and plans that will unlock the full economic potential of the North”.

In addition to these measures, the Governor-General outlined her government’s agenda for road transport, broadband, the National Disability Insurance Scheme, hospitals, education, border protection, the environment, indigenous Australians, and an economic growth plan for

Tasmania. She concluded that “over the next three years, my government aims to provide mature and stable leadership that matches words with deeds, leadership that puts its faith in Australia’s greatest resource— the genius and creativity of our people”.

Hon, Anna Burke, MP

Retirement of the Clerk of the House of Representatives On 21 August 2013 the Clerk of the House of Representatives,

Mr Bernard Wright announced that he would retire in December.

He has worked in the Parliament since 1972 and joined the public service in 1971. He was previously the Deputy Clerk and was appointed the 15th Clerk of the House in December 2009. The then Speaker of the House, Hon. Anna Burke, MP, commented that “on behalf of all Members past and present, I would like to thank Mr Wright for his dedicated service to the

THIRD READING: AUSTRALIA Australian Education Act 2013 The Australian Education Act establishes goals for Australian schooling and provides for grants of financial assistance to states and territories. The then Prime Minister Hon. Julia Gillard, MP, stated that “we can enshrine in law our nation’s expectations for our children’s achievements at school”. The legislation sets out five new legislative measures including a new citizenship entitlement, new goals for Australian education, a new national plan for school improvement, new principles for school funding, and a new link between school funding and school improvement. Ms Gillard stated that “the Bill provides that the Australian government will deliver future funding on the principles legislated in this Bill to those states, territories and nongovernment authorities which agree to implement the national plan”.

Ms Gillard commented that “there should be Australian government support to educate every Australian child—in the poorest and most remote school—at the best known and best resourced school.

This is a distinctively Labor plan for a matter of the highest Labor purpose: to eradicate the great moral wrong which sees some Australian children denied the transformative power of a great education”.

She asked Australian public figure and businessman, Mr David Gonski, to conduct the first comprehensive review of school funding arrangements in almost 40 years. Ms Gillard commented that “the review found that current arrangements for funding, accountability and transparency of our schools are not supporting quality outcomes for all our students”. As a result the review recommended a fundamental overhaul of the way that Australian schools were funded. Ms Gillard explained

that “this is why the government has adopted the broad architecture of a benchmark amount per student, with extra needs to be met through a system of loadings: a dramatic simplification of the way we fund schools”.

Liberal Senator Helen Kroger was critical of the short time frame the government allocated to allow scrutiny of the legislation. In addition she noted “that the government are being quite misleading when they keep on referring to these measures, loosely—I do say loosely—as being part of the Gonski recommendations.

The one person we have not heard from since these bills have been formulated for us to consider is the esteemed David Gonski himself. He is not associating himself with these bills. What he did was undertake a very comprehensive review and make a number of recommendations, and the government have cherrypicked aspects of that review and incorporated them in these bills. It is very deceptive to suggest that this is the conclusion of all the recommendations made in the review, because that is far from the truth”.

Australian Greens Senator Penny Wright commented that “to the extent that they establish a framework for needs-based funding of schools in Australia the Australian Greens commend these two pieces of legislation. The Australian Greens believe that education is the foundation of democracy, and a well-resourced, public education system striving for excellence is the guarantee of a healthy and fair society”.

Senator Wright noted that “the Greens have argued for a decade that our national funding model needs to be changed to make it fairer, to make sure that public education is properly funded throughout Australia and to invest billions more in education commensurate with the funding of our peers in other developed countries”.

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AUSTRALIA

House of Representatives. I would also like to thank him for the support he has provided me as Speaker and wish him well in his retirement”.

Former Prime Minister Rudd announces retirement On 13 November 2013 the former Labor Prime Minister, Hon. Kevin Rudd, MP, announced that he was resigning from Parliament.

In November 2007 Mr Rudd won the federal election defeating the then Prime Minister, Hon. John Howard, MP. In June 2010 the parliamentary Labor Party removed him as leader of the party and replaced him with Hon. Julia Gillard, MP, who became Prime Minister. Ms Gillard won the August 2010 by a narrow margin and was able to form government with the support of the crossbenches. In June 2013 Mr Rudd

Hon. Julia Gillard, MP

challenged Ms Gillard for the Labor leadership defeating her 57 votes to 45. Mr Rudd became Prime Minister for a second time but lost the September 2013 federal election to the Liberal/ National Coalition led by Mr Abbott.

In announcing his retirement, Mr Rudd paid tribute to his family who had supported him through his career and noted that it was now the time to put them first.

Mr Rudd commented that “my family have given their all for me in public life and for the nation. It is now time that I gave something

Rudd resigned from his post after his party’s defeat in the September General Election

back to them”. In relation to the timing of his announcement, Mr Rudd stated that “I also believe that it is right and proper to report my decision to the Parliament at the earliest opportunity, and that day is today. I have chosen to do so now to create minimal disruptions to the normal proceedings of the House. My predecessors as Prime Minister, Prime Ministers Whitlam, Fraser, Hawke and Keating, reached similar decisions to leave the parliament before the subsequent election, as did would-be Prime Ministers Costello and Downer.

Perhaps Prime Minister Howard would have done the same had he retained the seat of Bennelong, although we will never know”.

Mr Rudd thanked the people of Australia for electing him as Prime Minster and noted that “it is a singular honour to serve in the high office of Prime Minister of Australia”.

He commented that “when the history is one day written, detached from the passions of our time, perhaps it will be remembered that we did navigate Australia through the worst global economic crisis since the Depression without a recession, without the scourge of mass unemployment—a terrible thing

when you see it in Europe today— and with our AAA credit ratings intact. It may also be remembered that we helped establish the G20 as the premier institution of global economic governance as well as securing Australian membership of it; that we ratified Kyoto, because we believe in the reality of climate change, and we acted on our commitments to reduce carbon emissions; that we brought into being Australia’s first ever national curriculum, our first ever paid parental leave scheme and the biggest aged pension increase in our history; and that as a nation we finally delivered an official Apology to Aboriginal Australians”.

The Prime Minister in responding to Mr Rudd, commented that “this is a special occasion. The former Prime Minister, the Member for Griffith, who has just addressed us, has been a very significant part of this Parliament for the best part of two decades. Whether we are on his side of the Parliament or the other side of the Parliament, whether we have been his friends or his foes, or at times both, this is a significant moment in the life of this Parliament—to lose someone who has been one of the big figures in this Parliament and one of the big figures in the public

life of our country over the best part of two decades. As a political opponent, but as someone who has known the member for Griffith quite well for a long time, I salute him and I wish him and his family all the best for the future. I express my confidence that, one way or another, he will continue to serve our country and his party and that he will continue to support the causes he believes in, many of which are causes which all of us right around this chamber and right around our country support as well”.

The Leader of the Opposition praised his predecessor, saying “as Prime Minister his most significant achievements will be recorded—the apology; helping steward the nation through the global financial crisis with Treasurer Wayne Swan; putting climate change as a national political issue in the mainstream debate; championing the National Broadband Network; and before entering parliament and during his time as Prime Minister— and, indeed, as foreign affairs minister—representing Australia with distinction.

“In large part our presence on the United Nations Security Council was due to his vision for that post and for Australia’s role in the world”.

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CANADA

expenses scandal in the canadian senate

Rt Hon. Stephen Harper, MP

In June 2013, the summer recess arrived as the government of the Rt. Hon. Stephen Harper, MP, was dealing with several cases. In May, three Conservative Senators resigned from caucus while they were being investigated for allegedly claiming ineligible expenses and the Prime Minister accepted the resignation of his Chief of Staff, Mr Nigel Wright, who allegedly reimbursed Senator Duffy after the latter repaid some of the ineligible expenses he had claimed. By proroguing Parliament and launching a new session with a Speech of the Throne, Prime Minister Harper was probably hoping that the Senate expenses case would disappear from the public attention, but this was not to be the case.

Speech from the Throne On 16 October 2013, the Governor General, Rt. Hon. David Johnston, opened the Second Session of the 41st Parliament by reading the Speech from the Throne. It did not launch major new policy initiatives, but rather

reasserted the government’s commitment to Conservative policies. On the law and order side, it pledged to introduce legislation to implement a Canadian Victims Bill of Rights and legislation aimed at curtailing cyberbullying in the wake of several prominent incidents in which the victims committed suicide. On the fiscal side, the government vowed to rebalance the budget and to put in place legislation that would mandate a return to balanced budgets following times of economic crisis. The government also recommitted to reducing the size and cost of government and announced a programme to sell federal assets. The Speech from the Throne also announced the introduction of various consumer measures, such as more stringent regulation of cellphone charges. As far as the Senate

Hon. Claude Carignan

was concerned, the Governor General said “the government continues to believe the status quo in the Senate of Canada

and questioning the work of the Committee on Internal Economy, Budgets and Administration, which was in charge of the matter.

The suspension motions also caused a procedural imbroglio when Mr Carignan moved time allocation to force their adoption.

The move had been ruled out of order by the Speaker of the Senate, Hon. Noël Kinsella, as the suspension motions had not initially been moved as items of government business and time allocation motions are limited to government business.

is unacceptable. The Senate must be reformed or, as with its provincial counterparts, vanish.

The government will proceed

Hon. Noël Kinsella

upon receiving the advice of the Supreme Court”.

Senate expenses scandal and Senate reform The first item of business for Parliament in the new session was the suspension of Senators who had allegedly made ineligible claims for travel and housing expenses. The new Leader of the Government in the Senate, Hon. Claude Carignan, moved motions for the suspension of Senators Mike Duffy, Patrick Brazeau and Pamela Wallin.

(Liberal Senator Mac Harb, who was also alleged to have made ineligible claims for housing expenses, resigned from the Upper Chamber in August.)

The adoption of the suspension motions proved contentious, with Senators questioning whether the Senators’ rights to due process had been respected

Mr Thomas Mulcair, MP

A motion for the suspension of the three Senators was eventually moved as an item of government business. Time allocation was imposed, and the motion was carried on 5 November with some members of the government caucus voting against it or abstaining. As these debates were unfolding in the Senate, in the House of Commons the Leader of the Opposition, Mr Thomas Mulcair, MP, persistently questioned

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PARLIAMENTARY REPORT

CANADA Court bench until the matter is resolved, meaning that he was not on the panel of judges that heard the request from the government for an advisory opinion with respect to Senate reform.

The appointment of Mr Justice Marc Nadon (pictured) to the Supreme Court of Canada has raised some concerns

Prime Minister Harper about how much he knew about Mr Wright’s reimbursement of Senator Duffy’s expenses.

Appointment to the Supreme Court challenged before Courts In October 2013, the government announced the appointment of Mr Justice Marc Nadon to the Supreme Court of Canada to replace Mr Justice Morris Fish, who had reached the mandatory retirement age of 75. Mr Nadon practiced in a private law firm in Montreal, Quebec, where he specialized in maritime law and transportation law (mostly fields of federal law). He was appointed to the Federal Court in 1993 and to the Federal Court of Appeal in 2001. He also served on the Martial Appeal Court of Canada and the Competition Tribunal.

Despite his impressive

résumé, the appointment of Mr Nadon raised some concerns.

By law, there are nine judges of the Supreme Court, and three of them must be appointed for the Province of Québec because of its distinct civil law regime. His appointment was questioned because his expertise and judicial experience are in fields of federal law rather than in Québec civil law.

A more serious concern was raised as to the legality of his appointment as a representative of the Province of Québec. The Supreme Court Act states that the judges for the Province of Québec must be appointed from the Superior Court or Court of Appeal of that province or must have 10 years’ experience as a member of the Québec Bar. Mr Nadon’s position as a federal judge does not qualify him as a judge for the Province of Québec and the Act is unclear as to whether appointees

must be a current member of the Québec Bar or whether 10 years’ of previous experience is sufficient.

Anticipating that the issue might arise, the government made public a legal opinion from Mr Ian Binnie, former Justice of the Supreme Court, to the effect that the appointment was in conformity with the Supreme Court Act. This opinion did not convince Mr Rocco Galati, a lawyer from Toronto, who filed a court application to quash the appointment. To address these concerns, when the government tabled omnibus legislation to implement the budget, it included declaratory provisions confirming the legality of Mr Nadon’s appointment. It also sought an opinion from the Supreme Court of Canada itself with respect to his eligibility. Meanwhile, Mr Nadon will not serve on the Supreme

Legislation The government introduced an ambitious legislative agenda before Parliament, most of it reinstated from the previous session. The House of Commons adopted a governmentsponsored motion allowing the government to reinstate Bills from the previous session at their last completed stage. Such a motion is usually adopted at the beginning of the second and subsequent sessions of a Parliament to accelerate the adoption of government Bills. In the House of Commons, Private Members’ Bills are automatically reinstated from session to session of the same Parliament.

In the Senate, there is no rule or practice for the reinstatement of Bills already examined in the previous session.

While many legislative proposals in the new session were reinstated from the previous session, the government followed its practice of introducing an omnibus Bill to implement its budgetary policy. The practice has been to introduce an omnibus Bill in the spring (one such was adopted in June 2013) and another in the fall. Bill C 4 (A Second Act to Implement Certain Provisions of the Budget tabled in Parliament on March 21, 2013 and other measures), proposes various income tax measures and enacts, amends or repeals various Acts of Parliament, including the Public Service Employment Act, the Mackenzie Gas Project Act, and, as mentioned above, the Supreme Court Act. The Bill was passed by the House of Commons on 9 December. It was passed by the Senate and received Royal Assent on 12 December 2013.

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A new CPA publication

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Available to Members and Officials of the CPA for purchase from the CPA Secretariat, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, U.K. Tel.: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 E-mail: hq.sec@cpahq.org Also available to members of the public from booksellers.

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