The Parliamentarian 2014 Issue Four - 60th Commonwealth Parliamentary Conference

TheParliamentarian Journal of the Parliaments of the Commonwealth

2014 | Issue Four XCV | Price £13

60th CPC:

Repositioning the Commonwealth for the Post-Millenium Development Goals Agenda PLUS Parliaments have an important role in shaping the post-2015 development agenda PAGE 234

Good governance for the 21st Century: Transparency and Accountability

Parliamentarians and public trust: Do codes of conduct help?

PAGE 258

PAGE 274

Commonwealth Women Parliamentarians PAGE 278

Calendar of Events Confirmed as of 1 December

2015 January 13-15

Extractive Industries Seminar, Rwanda

February 3-7

Parliament and Media Law Conference, Andhra Pradesh, India

March 8

Commonwealth celebration of International Women’s Day

9

Commonwealth Day

April 28 - 3 May

Mid-Year Executive Committee Meeting, Sabah, Malaysia

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.

60 COMMONWEALTH PARLIAMENTARY CONFERENCE Yaounde, Cameroon 2 - 10 October 2014 TH

“Repositioning the Commonwealth for the post-2015 Development Agenda’”

The 60th annual Conference of the Commonwealth Parliamentary Association (CPA), hosted by the Parliament of Cameroon considered the role of the Commonwealth in the setting the post-2015 Development Agenda. Members and officials considered solutions to issues affecting the Parliaments and Legislatures of the Commonwealth nations, states, provinces and territories which were represented in Cameroon.

The conference also included the 34th Small Branches Conference, meetings of the Commonwealth Women Parliamentarians and 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 opening ceremony speeches and the addresses to delegates by the Acting Secretary-General of the CPA and the representative of the Commonwealth Secretary-General.

CONTENTS

2014: ISSUE 4 254

234

Journal of the Parliaments of the Commonwealth Vol. XCV 2014: 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: Mr Joe Omorodion Acting Secretary-General Acting Editor: Tom Cooper

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

COMMENT

60th COMMONWEALTH YAOUNDÉ, CAMEROON

Inside Issues

Plenary:

Let’s act in time for Commonwealth Day Page 224

View from the Chair It is time to adopt new ideas and gain fresh perspectives Page 226

View from the CWP

Repositioning women in the post-2015 development agenda Page 228

View from the Acting Secretary-General Moving forward, I am thrilled by the opportunities and challenges that lie ahead Page 230

222 | The Parliamentarian | 2014: Issue Four

Parliaments have an important role in shaping the post-2015 development agenda – Tribute to the late Secretary-General Dr William F. Shija from CPA Acting Secretary-General Mr Joe Omorodion and the speech delivered on behalf of Dr Shija Page 234 The Commonwealth is central to the post-2015 Development Agenda – Address by Mr Amitav Banerji, Director, Political Division, Commonwealth Secretariat on behalf of the Commonwealth SecretaryGeneral His Excellency Kamalesh Sharma Page 238 The evolving role of Parliaments – an address from Secretary General of the IPU Mr Martin Chungong Page 242

Workshop A:

Unity in diversity: The role of Parliament Page 246

Workshop B:

Joining hands for women’s rights: The role of Parliamentarians in gender empowerment Page 250

Workshop C:

Evaluating the emergent content of the post-2015 Development Agenda against the standards set out in the Commonwealth Charter Page 254

Workshop D:

Good Governance for the 21st century: Transparency and accountability continue to meet needs and requirements throughout the Commonwealth Page 258

278

266

CONFERENCE

NEWS

Workshop E:

Parliamentary news:

How can Parliament ensure that young people are placed at the centre of sustainable development: The role of education Page 262

Workshop F:

Financial oversight in Westminster-style and Francophone Parliaments: Sharing good practice Page 264

Workshop G:

What is the role of Parliament in providing for the most vulnerable in society?

Page 270

Workshop H:

Parliamentarians and public trust: Do codes of conduct help?

Page 274

COMMONWEALTH WOMEN PARLIAMENTARIANS: Session: Increasing Women’s representation in the Commonwealth post-2015: Challenges and way forward Page 278

34TH SMALL BRANCHES CONFERENCE: Session 1:

Annual subscription (four issues) UK: £40 post free.

Worldwide: £42 surface post £48 airmail

Canada, Australia, India,New Zealand and United Kingdom Page 291

CPA Governance in action Page 310

Price per issue UK: £13 Worldwide:£14 surface post £15 airmail Opinions and comments expressed in articles and reviews published in The Parliamentarian are those of the individual contributors and should not be attributed to the Secretariat of the Association.

The challenges of Small States: Vulnerabilities in their quest for social and economic development Page 282

Session 2:

What is the role of Parliament in providing for the most vulnerable in society?

Page 282

Promoting sustainable forest management

The Parliamentarian | 2014: Issue Four | 223

INSIDE ISSUES

LET’S ACT IN TIME FOR COMMONWEALTH DAY The Editor’s note

Among the many articles in this issue, mainly generated from the recent Commonwealth Parliamentary Conference (CPC) in Yaoundé, Cameroon, one paragraph came to mind as I began my journey home, passing on foot between the Houses of Parliament and Westminster Abbey in London.

In his address to the CPC Mr Amitav Banerji – Director, Political Division, Commonwealth Secretariat and representing the Commonwealth Secretary-General His Excellency Kamalesh Sharma, on this occasion – called for Parliamentarians to initiate periodic debates in their legislatures focusing on the Commonwealth

Charter, its values and principles.

He suggests that on or around Commonwealth Day, the second Monday in March each year, would be a suitable time to initiate such debates.

The time to start planning that is, of course, now.

Continuing to assert the values of the Commonwealth Charter is in itself a truly worthy objective. But it was thoughts of Commonwealth Day itself that crossed my mind on my route home. Perhaps that was because I was close to the Abbey – where many of you will know Commonwealth Day is marked by a multi-faith service, normally attended

by Her Majesty Queen Elizabeth

Always inspiring – a walk past the UK Houses of Parliament

224 | The Parliamentarian | 2014: Issue Four

II as Head of the Commonwealth, with the Commonwealth SecretaryGeneral and Commonwealth High Commissioners in London also present.

I have had the good fortune to live in three Commonwealth countries and have travelled and visited many more, but I have to confess – as an absolute newcomer to the CPA – Commonwealth Day has, on many occasions, passed me by. That will, of course be very different next year.

I shall be scanning the media for honourable Members successes in raising debates about the Commonwealth. And I shall do my part and participate in whatever

discussions I can. Observance is important, but it can also be a focus for action.

Coming to the theme of this issue of The Parliamentarian , derived as it is from the CPC title, ‘Repositioning the Commonwealth for the PostMillenium Development Goal Agenda.’

Many reports from the conference return to the point of emphasising the importance of the role Parliametarians in the ongoing development agenda.

This includes a speech prepared by the late Secretary-General of the CPA, Dr William F. Shija, who passed away on the eve of the conference.

His speech was delivered by the Acting Secretary-General Mr Joe Omorodion, who also took the opportunity to give voice to the great sadness felt by many across the world at Dr Shija’s passing.

In the text of his speech, Dr Shija hoped the outcomes of deliberations from the CPC in Yaoundé would form a basis for a submission on the post-2015 development goals to the Commonwealth Heads of Government, via the CPA Secretariat, and ultimately forward to the United Nations.

Commonwealth Parliaments can play a particularly important role in the development of the new Sustainable Development Goals (SDGs) because the Commonwealth itself is unique in encompassing so many nations of such varying size and wealth.

INSIDE ISSUES

Sign of the times – Parliaments will have a much greater input into the post-2015 development agenda than they did into the Millennium Development Goals That is a theme that re-occurs in many of the matters reported in this issue – from the Plenary sessions, the Commonwealth Women Parliamentarians, the Small Branches Meeting and the many workshops.

Parliaments were somewhat late on the scene with the development of the Millennium Development Goals (MDGs). That will not be the case this time. It is, of course, only right that Parliamentarians should be involved right from the early stages. It will, after all, fall to them to pass legislation, allocate funds, and above all provide the scrutiny needed to ensure whatever programmes come forth from the new SDGs will be operated openly, honestly and with democratic backing. Parliamentarians are also acutely aware of the practicalities of taking an idea and turning it into an effective statute.

Still on development goals, in her

‘View’, Rt Hon. Rebecca Kadaga MP, Chairperson on the CWP, says that while one of the MDGs is explicit about gender equality and empowerment, each and every one of them touches upon the plight of women across the globe. Much progress has been made, she says, but there are still gaps and a conscious effort must be made to reposition women in the post-2015 development agenda.

She places particular emphasis on the importance of fundamental women’s sexual and reproductive rights to social and economic development.

The Yaoundé CPC pre-dates my arrival at the CPA, but reading through the reports it strikes me there can be few political forums that bring together such a diverse group of representatives, with such great potential for learning and discovering

new perspectives. The potential for generating light – and occasionally heat – must necessarily be great.

But underlying it all is a shared commitment to the Commonwealth Charter with its fundamental values of human rights, democracy, equality and the rule of law.

We do live in difficult times.

Parliamentary democracy faces many threats and Parliaments themselves have come under direct attack – see our Parliamentary Reports for news from Canada. But one of the delights of my brief tenure of the editor’s chair at The Parliamentarian is a desk in a room surrounded by shelves of many publications dating back to the early days of the CPA and its predecessor the Empire Parliamentary Association.

One of my guilty pleasures is to, occasionally, take down a volume and read for a moment. Every page is a reminder that the CPA and the

Commonwealth have continued to evolve over the years, and they have maintained their relevance in a world which has changed almost out of all recognition since the date of some of the earlier volumes.

By the way, these many and varied publications, together with some far more modern research tools and access to a network of Parliamentarians across the Commonwealth, form a formidable resource for CPA members researching Parliamentary matters.

We would like our CPA Research Service to be better used – so do contact the Secretariat for details.

The next issue of The Parliamentarian will focus on the post-2015 Sustainable Development Goals themselves. We look forward to receiving articles from our many members across the Parliaments of the Commonwealth.

The Parliamentarian | 2014: Issue Four | 225

VIEW FROM THE CHAIR

IT IS TIME TO ADOPT NEW IDEAS AND GAIN FRESH PERSPECTIVES

9 October, 2014 dawned bright and sunny in the beautiful of the Commonwealth to unite under the umbrella of the city of Seven Hills, Yaoundé, Cameroon. A memorable CPA and come together to address common challenges, day, I remember with utmost clarity, having received the such as poverty eradication, food self-sufficiency, gender rare honour of being elected as Chairperson of the CPA, equality, climate change, the energy crisis etc, that impact with the valuable support of member Parliaments of the lives of people in a fundamental way. Parliaments Commonwealth countries. This has presented me with the must devise innovative responses to economic challenges opportunity to share a vision for the CPA. This vision is a in the regions by ensuring inclusive growth. Eliminating reflection of the work that the CPA has been doing so far inequalities can be identified as a priority area by and also a roadmap for the way forward.

Parliaments.

The CPA, a unique platform of national and nonAs Chairperson I would like to stress the need to national Parliaments of Commonwealth countries, plays work together with member Parliaments to bring in a an instrumental role in fortifying democracy, rule of law and convergence of diverse perspectives and experiences, sustainable development. The CPA determines its areas Dr Shirin Sharmin Chaudhury, which is the beauty and strength of the CPA. It is important of engagement based on the principle of promoting the MP, Chairperson of the CPA to allow all members, large and small, to express views common welfare of the people of the Commonwealth. In Executive Committee and raise concerns with equal voices in a participatory, setting out my vision for the CPA, it is imperative to ask the democratic manner, thus ensuring greater inclusiveness. pertinent question: where we would like to see CPA at the Member countries have common roots and histories; end of next three years? It is crucial to lay down objectives while they face similar problems, they may each develop with precision and clarity as to what the CPA wants to achieve over this period, unique solutions. The CPA is the ideal platform for the sharing of these and so lay a foundation for the years beyond. In my role as Chairperson, I would ideas and resources for the common welfare of the people. Strengthening like to share my thoughts in putting together a forward-looking plan linked to coordination between members is therefore crucial. Insights of members on the present activities and objectives of CPA. issues they view as crucial for the advancement of their nations must be central My vision for the CPA would be to promote the core values of driving force for the CPA. Regional as well as cross-regional dialogue and Commonwealth – promoting democratic governance through proactive cooperation must be emphasized, and pending and emerging issues must be Parliaments to bring about a positive difference in the lives of the people across resolved on the basis of consensus of member Parliaments and branches in the different regions of Commonwealth. The CPA envisions encouraging the regions.

Parliamentarians to widen their arena of engagement in delivering the pledges The CPA aims to continue working towards achieving meaningful made to the people. The CPA emphasizes the necessity for a hands-on and democracy through active participation and representation of all segments of pronounced role of the Parliaments in leading the development agenda of their society. Parliaments of Commonwealth countries will work together to fortify respective governments as well as ensuring accountability and transparency. people’s commitment to democracy, human rights, good governance and Parliamentarians need to see themselves not merely as lawmakers; they must respect for rule of law, the underpinning goals of the Commonwealth. The best play a role in monitoring the effective implementations of the laws as well. My practices amongst member Parliaments ought to be shared, and the exchange vision for the CPA can therefore be defined in terms of realizing the common of views through constructive dialogue, with respect for diversity, would result in aspirations of the people across different regions in the Commonwealth greater unity, inclusiveness and proficiency. through the network of proactive Parliaments and vigilant Parliamentarians.

Two groups that are essential to advancing the agenda of the CPA are In the era of globalization we cannot be oblivious to the fact that we live women, and youth. The CPA will intensify its efforts to promote women’s political in an ever more interconnected world. Our lives are affected by political, leadership through increasing of women’s representation and strengthening socioeconomic, environmental and developmental factors, and situations in gender equality within Parliaments. Political empowerment of women through every other corner of the globe. This increases the need for the Parliaments representation in Parliaments is an important agenda that the CPA will take 226 | The Parliamentarian | 2014: Issue Four

VIEW FROM THE CHAIR

forward. Increasing women’s representation within political parties, and drawing them into the mainstream through electoral process – by creating a level playing field – being essential components of robust democracy, will be emphasized by the CPA. It will also create more space for dialogue between women at different levels of society; their opinions and concerns will be taken into account in the decision-making process. The voices of the masses of women will be betterrepresented in the democratic policy-making processes.

The CPA will continue working to promote youth Parliamentarians to give the young people a platform to raise a range of relevant issues that impact their lives. The CPA believes in empowering young Parliamentarians as it contributes to the shaping of future. In addition, the CPA will facilitate training of youth on public speaking, Parliamentary practice and developing legislation.

This will engage a larger portion of youth in the public sphere and ensure that all those interested are able to access the resources. This will not only reduce inequality, but also nurture and carve the path for future leadership.

The surge of globalization presents us with emerging challenges, but we are also handed tools that can help us to tackle these road bumps. It is a time for the CPA to adopt new ideas and instil fresh perspectives into our methods in order to cope with a rapidly changing world order. Let us embrace this opportune moment, turn it to our advantage, and allow the voices of people from all corners of the globe to predominate the discourse of democracy.

The CPA must work for the betterment, to make a notable difference in the lives of the people of the Commonwealth in next three years, and beyond. Let the CPA work to allow their potential to flourish. Let us herald in an era of the people. Only if we can bring about the desired change can the CPA claim to have achieved its mission of realizing the common aspirations of the people of Commonwealth – a family of nations.

Let us unite and work together as a team, believe in ourselves, believe in our dreams that CPA can make a positive difference in the lives of the people and translate our commitments into action in taking the CPA forward.

Dr. Shirin Sharmin Chaudhury, MP, addresses the the CPA/IMF workshop on Economic and Financial Prospects for Asian and South East Asian Emerging Economies, in Bangaldesh, in November The Parliamentarian | 2014: Issue Four | 227

VIEW FROM THE CWP

REPOSITIONING WOMEN IN THE POST-2015 DEVELOPMENT AGENDA With closer scrutiny of the current eight Millennium Development Goals, (MDGs) decisions around fertility. Repeated childbirth keeps them from incomeone realizes that each one of them directly touches on the plight of women generating activities and reduces productivity. And early and forced marriage globally. More specifically, MDG three seeks to promote gender equality and keeps young women from education and employment. That is why it is of critical empower women. It is imperative for us to critically look at our current position importance that these rights are fully catered for in the post-2015 development so that we can identify the gaps and re-align our strategy agenda. to move forward. Looking at the current world order, one Threats to women’s rights continue on many levels, recognizes the undeniable progress made by women among them those posed by culture, religion, and tradition, as in the different spheres of society. For instance it is true well as processes of globalization and economic change. A that we have witnessed an increase in enrolment of right gained is not a right maintained unless there is constant girls in schools at all levels of education; we have also monitoring. There is a need to strengthen women’s access witnessed increased female representation in national to both formal and informal justice systems, and ensure Parliaments, and we have also witnessed a visible positive these are responsive to advancing all women’s equal rights, shift in respect to rights of women globally. In the same opportunities, and participation. Improving women’s political vein, however, we have to concede that there are still gaps voice is also crucial here. where a conscious effort is needed to reposition women in As Commonwealth Women Parliamentarians, the call post-2015 development agenda. for action on the outcome of women’s rights discussion in Drawing on the global development agenda released Yaoundé is imperative. We had a productive session under in the 2013 report of the United Nations high level panel, Rt Hon. Rebecca Kadaga, MP the theme “Joining hands for women’s rights: The role of the plight of vulnerable women and youth have high global Chairperson of the Parliamentarians in gender empowerment”. Members priority. The report lays out five transformative shifts for the Commonwealth Women attested the need to go ‘beyond numbers’ when reflecting new global agenda. Among these, “Leave No One Behind” Parliamentarians and Speaker on the representation of women in Parliaments across the promises attention to the most marginalized and vulnerable of the Parliament of Uganda Commonwealth. Members discussed the importance of people – which must include young people, women and creating women’s caucuses across party lines in Parliaments, girls, and women with disabilities everywhere in the world. which can develop and strengthen women’s presence in Furthermore, it defines a specific target to ensure universal Parliament. Members considered improving international links access to reproductive health care and rights under Goal Four – Ensure Healthy between women Parliamentarians for mutual support and sharing best practice.

Lives that focuses on several interrelated health issues including maternal health Reaching out to gender empowerment organizations can help to understand and HIV/AIDS. It also draws specific attention to the sexual and reproductive how women are excluded in society. Members agreed that it is essential health needs of young people -- calling on nations to break down barriers. to understand the challenges specific to women in order to influence the Ensuring universal reproductive health rights and access to care is no mere development agenda on gender. Tracking legislation is important to ensure theoretical goal, but a promise that young women do not have to drop out of gender equity is achieved. Parliamentarians agreed that mentoring schemes for school because they are pregnant, that all young people receive accurate, agewomen Parliamentarians are key to furthering women in the political sphere and appropriate sex education, that no woman suffers or dies from unsafe abortion, that getting communities to encourage more women to enter public office is vital and that rape in conflict will be acknowledged, addressed and -- as we strive for to increase numbers of women in legislatures. peace and security in so many ways -- ended.

I am convinced that the recommendations emerging from this session clearly We need to intensify the marshalling of women’s groups and movements provide a springboard for women in the post- 2015 MDGs era. In line with the across the globe to continue with advocacy for fundamental women’s sexual and outcome of this session, there is need to re-engage our Parliaments and our reproductive health rights. Women’s groups and movements also continue to be countries to put special emphasis on the following: fundamental to promoting these rights, but many find themselves under threat • Intensive lobbying for more Bills that encourage more women in politics and for this focus. Sexual and reproductive rights are critical for social and economic allocate funds to create rehabilitation homes for abused and abandoned aged development. Without these rights, women and adolescent girls cannot make women.

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VIEW FROM THE CWP

• Access to justice, equal treatment, right to own property, right to access credit, fairness in the distribution of family inheritance and obligations to children in case of divorce or separation.

• Education is the key that opens doors of opportunities for women and also empowers them to take routine risk that someone else would shrink from.

As the CWP, we call upon all regional organizations, national governments, national Parliaments, regional Parliaments, civil society organizations and all stakeholders to support the outcome of this session and ultimately the cause of women in the post-2015 development agenda.

As the CWP, we believe that it is important to have a stand-alone goal in the post-2015 development agenda to achieve gender equality, women’s rights and women’s empowerment. A goal that is grounded in human rights and tackles unequal power relations. Furthermore, there must be integration of gender equality concerns throughout the other priority areas and goals of the post-2015 development agenda with clear targets and indicators.

We continue to acknowledge that, whereas there has been much progress towards women’s rights over the decades, many gaps remain. For women’s rights to become a universal reality, it is critical to address the fundamental causes of gender inequality, such as violence against women, unpaid care work, inadequate control over assets and property and unequal participation in private and public decision-making. The stand-alone goal must therefore create minimum standards and drive change forward in the three critical areas that are holding women back.

The stand-alone goal should address violence against women. One in three women is likely to experience physical and sexual violence at some point in her lifetime. The most prevalent human rights abuse in the world today, violence against women and girls is an indicator of gender-based discrimination and a universal phenomenon which has tremendous costs for societies.

The goal should include the need to expand women’s choices and capabilities. Women and men need equal opportunities, resources and responsibilities. Equal access to land, credit, natural resources, education, health services, decent work and equal pay needs to be addressed urgently.

Policies, on child-care and parental leave, as well as improved access to infrastructure (such as water and energy), are essential to lessen women’s unpaid work, so that everyone can enjoy parity at work and at home.

Finally, this stand-alone goal should address the necessity of guaranteeing that women have a voice within households, and in public and private decision-making domains. For meaningful and all-encompassing democracy, women’s voices should be heard in decision making and in all domains, such as public and private institutions, national and local Parliaments, media, civil society, in firms, families and communities.

I’m happy to note that some of these elements are already encompassed in existing international commitments. The elaboration and substantiation of a new-generation development goal on achieving gender equality, women’s rights and women’s empowerment should be based on existing norms and standards for gender equality such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Beijing Platform for Action, as well as on outcomes of major conferences and resolutions of bodies such as the United Nations General Assembly and the Commission on the Status of Women.

The post-2015 development agenda offers a real opening to push for lasting change on women’s rights and equality, and to bring transformative change in women’s and men’s lives. As the CWP, as the CPA and advocates for women’s rights, we can not let this opportunity slip through our hands. Women must be part of the core of the post-2015 development agenda.

CWP Steering Committee Meeting in Yaoundé Cameroon (left to right): CWP President, Senator Eno Emma Lafon (Cameroon), Australia Steering Committee member, Hon. Catherine Cusack MLC (New South Wales), British Islands and Mediterranean Steering Committee member, Ms. Patricia Ferguson MSP (Scotland), CPA President, Rt Hon. Cavayé Yéguié Djibril, MP (Cameroon), CWP Chairperson, Rt Hon. Rebecca, Kadaga, MP (Uganda), Asia Steering Committee member, Hon. Sagufta Yasmin (Bangladesh) and Africa Steering Committee member Hon. Lucia Witbooi MP (Namibia) The Parliamentarian | 2014: Issue Four | 229

VIEW FROM THE ACTING SECRETARYGENERAL AND DIRECTOR OF FINANCE

MOVING FORWARD, I AM THRILLED BY THE OPPORTUNITIES AND CHALLENGES THAT LIE AHEAD

Dr William F. Shija, who passed away on 4 October 2014, was an inspirational and inclusive leader who acted with utmost integrity. Dr Shija took up his appointment as CPA Secretary-General in London on 1 January 2007, and in the seven years and nine months of his tenure, he came to be known by many around the Commonwealth as a truly unique breed of a man.

I was honoured to attend Dr Shija’s funeral at the Parliament of Tanzania in Dar es Salam on 12 October 2014, along with a delegation of two Executive Committee Members from CPA international and Africa Region: Mr Request Muntanga (MP, Zambia) and Hon. Lindiwe Maseko (MP, South Africa); and two members of staff from the CPA Secretariat in London: Mrs Luseane Chesham and Mr Ian McIntosh.

Many at the funeral had known Dr Shija far longer than I. We first met during the 52nd CPA international conference in Abuja, Nigeria, from 1 – 10 September 2006. It was at this

“I can see the Association being transformed into a more modern, dynamic international organisation with a strong membership service-delivery ethos.”

Mr Joe Omorodion Acting Secretary-General of the Commonwealth Parliamentary Association

conference that his appointment as Secretary-General of the CPA was ratified by the General Assembly.

He was loved by all at the Secretariat and we have been comforted by many messages of support received from all regions of the CPA, from the Commonwealth Secretary-General, His Excellency Mr Kamalesh Sharma, and his staff, and numerous other international organisations.

Speaking at the funeral in Tanzania also gave me the opportunity to hand over to Dr Shija’s family two books of condolence with entries made at the 60th CPC in Yaoundé, Cameroon. This was a further recognition of the great esteem in which Dr Shija was held across the Commonwealth.

Dr Shija’s legacy to the CPA is a great one. When he took up his post in 2007, we had free reserves of £265, 922. By the time of his passing in 2014, they were £2.3 million.

Kenya? | 2014: Issue Four 230 | The Parliamentarian

He achieved this with his decision, right from the commencement of his appointment, to be transparent, accountable and prudent with the use of the CPA’s resources. The performance indicators from the CPA 2013 -2015 business plan are being implemented, along with the reserves policy and financial strategy developed for the first time in the Association’s history.

Following his passing, I have been tasked with the dual responsibility of Acting Secretary General and Director of Finance by the CPA International Executive Committee.

There is continuity in this arrangement as I have been instrumental in the decision-making process at the CPA Secretariat over the last eight years, developing strategic plans, the financial strategy, reserves policy and the 2013 – 2015 business plan. I have also been at the heart of general corporate governance, other organisational renewal processes and policy development matters over these years.

During my time as Acting Secretary-General and Director of Finance, with good support being received from the Members, the CPA International Executive Committee and my colleagues at the Secretariat, I will drive forward with vigour the implementation of the strategic objectives and key performance targets set out in the current business plan. My modus operandi since joining the Secretariat has always been to operate on a basis of financial transparency, accountability and responsiveness, with effective corporate governance

“The performance indicators from the CPA 2013 2015 business plan are being implemented, along with the reserves policy and financial strategy developed for the first time in the Association’s history.” being at the heart of all this. I see Members of the Association, and those at the Secretariat, as being a family, with a common heritage. It is with this in mind that it still saddens me that we do not, as yet, have one of our family members with us as part of the Association’s membership.

I will, therefore, do all I can to work towards the bringing back into our membership the Commonwealth of Australia Branch. The withdrawal of this branch is one too many for us.

I am thrilled by the challenges and opportunities that lie ahead of us as an Association in the next five to ten years.

I can see us turning our challenges into opportunities. I can also see the Association being transformed into a more modern, dynamic international organisation with a strong membership service-delivery ethos.

VIEW FROM THE ACTING SECRETARYGENERAL AND DIRECTOR OF FINANCE I wish to thank the Officers of the Association and Members of the CPA International Executive Committee for continuing to extend their support to the Secretariat and its work. Without doubt, this greatly assists and energises us in our drive to successfully continue to deliver on our agreed Statement of Purpose:

to connect, develop, promote and support Parliamentarians and their staff in identifying benchmarks of good governance and implementing the enduring values of the Commonwealth.

In particular I would like to thank the Rt Hon. Sir Alan Haselhurst, MP (United Kingdom) who has

just completed his three-year term on the Executive Committee. I am grateful to him for his contribution to the Association and his personal support to myself and the team at the Secretariat. I am also indebted to the former Treasurer Hon. Marwick T. Khumalo, MP (Swaziland) for his leadership and guidance as Treasurer.

I very much look forward to working closely with the Officers of the Association and Members of the CPA International Executive Committee as we go through the process of recruiting to the position of the Secretary-General of the Commonwealth Parliamentary Association in due course.

The CPA Executive Committee at the 60th CPC in Cameroon

The Acting Secretary-General’s Commonwealth gallery A group organised by RIPA visit in November

The Parliamentarian | 2014: Issue Four | 231

The Acting Secretary-General’s

Acting Secretary-General Joe Omorodion greets the newly elected CPA Chairperson, Dr Shirin Sharmin Chaudhury, Hon. Speaker of the Bangladesh Parliament, in October

Kenyan MPs visit in October

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Commonwealth gallery

(clockwise from above) Parliamentary officials from the Zanzibar House of Representatives visit in October; also in October, former CPA Secretary-General Mr Arthur Donahue, QC, signs the visitors’ book; a Parliamentary group on an Overseas Office visit in November; CPA Director of Programmes Ms Meenakshi Dhar (left) welcomes Jamaica MPs in October; and Acting Secretary-General Mr Joe Omorodion in discussion with Scott Hubli from the National Democratic Institute in October

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PLENARY SESSION - COMMONWEALTH MATTERS 60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaounde, Cameroon Plenary Session - 6 October 2014

PARLIAMENTS HAVE AN IMPORTANT ROLE IN SHAPING THE POST-2015 DEVELOPMENT AGENDA Tribute to the late Secretary-General Dr William F. Shija from CPA Acting SecretaryGeneral Mr Joe Omorodion and the speech delivered on behalf of Dr Shija

President of the Republic of Cameroon, H.E. Paul Biya, President of the Senate, Hon. Niat Njifenji, Rt Hon. Cavaye Yeguie Djibril, CPA President and Speaker of the National Assembly of Cameroon and host to the 60th Commonwealth Parliamentary Conference, Distinguished Officers of the Association, Members of the Executive Committee, Delegates, Guests, all protocols observed.

Good morning to you all.

As it has already been announced, we received news here in Yaoundé , Cameroon, of the Secretary-General, Dr William Ferdinand Shija’s passing on 4 October 2014, in London, following a brief illness.

Most of you would have met Dr Shija. He was a truly unique breed. An embodiment of: • Integrity • Strength • Honesty • Humility

• Tactfulness • Diplomacy; and • He had a strong sense of justice.

No one is completely perfect.

Hence, whenever he felt he had erred, he would truly find ways to reach an equitable resolution of the matter that was at stake.

Dr Shija was a truly complete gentleman.

“Dr Shija was a truly complete gentleman.

On my part and on behalf of my colleagues at the CPA Secretariat, I salute this giant of a man, Dr Shija.“

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On my part and on behalf of my colleagues at the CPA Secretariat, I salute this giant of a man, Dr Shija.

I pray for Dr William Ferdinand Shija’s soul to rest in perfect peace; and for strength and comfort to be poured on his wife, Mrs Gertrude Shija, and children who he has left behind.

Goodbye Dr William Ferdinand Shija. I salute you. We mourn you.

But you will be remembered for a very long time to come indeed.

Dr William F. Shija

It is with great sadness therefore that l now read to you his words for the opening of this conference, as follows: Mr. President, Distinguished Delegates. It is with deep regret that I will not, for medical reasons, be able to be with you at this 60th Commonwealth Parliamentary Conference here in the City of the Seven Hills, Yaoundé, Cameroon.

However, I will be with you all in spirit [as it has turned out to be indeed] and I wish you the very best of your deliberations over the next few days.

In my absence, the Director of Finance, Mr Joe Omorodion, will assume my duties as Conference Secretary to the General Assembly and Associated meetings.

Graced once again by not only the presence of the representative of the Commonwealth Secretary-General, His Excellency Mr Kamalesh Sharma; Mr Amitav Banerji, Director of Political Affairs, we are privileged to have in

PLENARY SESSION - COMMONWEALTH MATTERS

CPA Acting Secretary-General and Director of Finance, Mr Joe Omorodion

our midst the Secretary-General of the Inter Parliamentary Union (IPU), Mr Martin Chungong. Mr Chungong will be known to some of you through your attendance of IPU meetings.

As you have heard earlier today, Cameroon is hosting this major Commonwealth Parliamentary event for the very first time since they joined the membership of the Association on 1 January 1995. I therefore join you, Mr President, in welcoming all the delegates and other participants to Yaoundé as guests of your Branch at this important conference. I thank you for the hospitality, facilities and arrangements.

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, His Excellency Paul Biya, President of Republic of Cameroon, for gracing the opening of this conference. I believe that his remarks will enrich the conference discussions, leading to useful deliberations.

Mr President. I wish to express my sorrow and condolences to the Malaysian Delegation and their country for the loss of lives in the two aeroplane accidents involving Malaysian Airlines. I know that investigations into these two

tragedies are still ongoing, but I hope that some answers will soon be found to give those who lost loved ones closure, so that they can start to rebuild their lives. Some of our Member Branches or Countries in West Africa are currently battling to contain the Ebola virus which is threatening to rob these countries of their people and economies. I wish to let our colleagues of these Branches know that I pray with and for them and hope that this matter gets resolved as quickly as possible.

Mr President, 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 delegates who attended last year’s conference will recall, South Africa was the testing ground for the first Commonwealth Parliamentary Concluding Statement.

As you may be aware, this Conference will produce a Conference Concluding Statement.

This statement will be circulated around the Commonwealth, including to all Heads of Government.

It is not binding, but it reflects, Honourable Delegates, your views and recommendations on current affairs and how Parliament should play its vital role in our democratic system- nationally and globally. To that end, the Concluding Statement

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PLENARY SESSION - COMMONWEALTH MATTERS of the 60th CPC is of vital importance to make your voices heard with your governments and the international community. However, in order to reflect your views best, we need your support in drafting this important outcome document.

To that end, each presenter at the sessions of the Conference has been asked by our office to submit to his/her session a recommended conclusion. If you are a presenter and have not done so yet, please do.

Once submitted, this conclusion is not amendable. All recommendations will be reflected in the final concluding statement once they have been endorsed by a simple majority of participants upon the conclusion of the relevant session. This will be a different procedure from last year’s, where a recommendation would not be included in the statement if one individual voted against its endorsement. By changing this practice, we hope to reflect the views of the majority.

Secondly, we are fortunate to have here with us some excellent Rapporteurs from across the Commonwealth to capture the

essence of what has been discussed.

This way, our office will be able to compile and issue the Concluding Statement as soon as possible after the end of the Conference.

The CPA wants Parliament to have a stronger voice, and this is a useful medium to promote our views. It is your document. Please make it count.

The Theme of this 60th Commonwealth Parliamentary Conference is ‘Repositioning the Commonwealth for the post-2015 Development Agenda’. This theme is relevant and timely because the global community will be discussing the successor development goals to the current United Nations Millennium Development Goals (MDGs) which come up for evaluation next year.

This theme will therefore give the Commonwealth Parliamentary Community the opportunity to discuss the extent to which it can contribute towards the identification of key areas of focus in the post-2015 MDG Agenda. The UN MDGs include areas of poverty alleviation, maternal health, education for all, etc. It is therefore fitting that as we approach the target date, Delegates not only have an input

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into ongoing discussions but that they become part of the post-2015 development agenda. Furthermore, I believe that Parliaments through their mandate, have a role to play in shaping the post-2015 development agenda. It is hoped that outcomes of your deliberations would, through the CPA Secretariat, form part of its submission to Commonwealth Heads of Government and ultimately the United Nations.

I have often said that as a member-driven organization, the CPA will always focus on the needs and wishes of its members. This is why just over two-thirds of our annual budget goes into the provision of programmes and services for you, the membership. You will be pleased to know that your Association continues to maintain a very strong financial position, with unrestricted reserves of about £3 million. As we exist for the Membership, the Executive Committee has naturally decided to draw down on the accumulated reserves in accordance with the Association’s Financial Strategy. The purpose of all this is to ensure we continue to remain relevant to the

needs of our members.

While we have the resources, we continue to rely on one of our key structural concepts of our activities; and that is, the hosting of our events and activities. I am taking this opportunity to once again appeal for hosts for CPA programmes and events. I also thank all those Branch that have hosted us in the past and those scheduled to do so in the future. We could not do our work without your support on the ground, thank you very much.

I am delighted that we are guests of the Parliament and Government of Cameroon this year. Following the conference in South Africa last year, Pakistan offered to host the Commonwealth Parliamentary Conference in 2015. This offer will be considered by the General Assembly here in Yaoundé. However, we continue to appeal for future hosts for the mid-year Executive Committee meeting as well as the annual conference.

I wish to end my remarks by expressing my gratitude to you, Rt Hon. Cavaye Yeguie Jibril, MP, Speaker of the National Assembly of Cameroon, for your leadership of the Association

PLENARY SESSION - COMMONWEALTH MATTERS as Vice President and President.

I also wish to thank the Chairperson, Sir Alan Haselhurst; Vice Chairperson, Hon. Datuk Ronald Kiandee, MP; the Treasurer, Hon. Marwick T. Khumalo, MP; the Acting Treasurer, Hon. Request Muntanga, MP; and the CWP Chairperson, Rt Hon. Rebecca Kadaga, MP, 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, particularly during the implementation of internal audit process at the Secretariat.

Accordingly, I sincerely wish to thank all the Members of the Executive Committee for the work and decisions during the mid-year Executive Committee meeting in London in April this year. Their decisions have enabled me to complete the process of the restructuring of the Secretariat, a process which started two years ago.

Mr President, I thank most specially the outgoing Chairperson of the CPA Executive Committee, Rt. Hon. Sir Alan Haselhurst, MP, for his

leadership and patience. I also thank all the members of the CPA Executive Committee who are rotating out at the conclusion of this conference, for their wonderful support, guidance and friendship to strengthen the CPA activities. My colleagues and I at the Secretariat look forward to the successful election of the Chairperson and other officers of the Association to enable the new team of the CPA Executive Committee to continue working on the unfinished and new matters of the Association.

I wish to 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. I thank them for their work in supporting this conference here in Yaoundé.

Mr President, Distinguished Delegates, I wish all delegates a highly successful conference here in Yaoundé Cameroon.

I thank you all for your kind attention.

This picture and opposite page – scenes from the conference

CPA President Rt Hon. Cavaye Yeguie Jibril, MP (Cameroon)

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PLENARY SESSION - THE POST-2015 DEVELOPMENT AGENDA

THE COMMONWEALTH IS CENTRAL TO THE POST-2015 DEVELOPMENT AGENDA Address by Mr Amitav Banerji, Director, Political Division, Commonwealth Secretariat on behalf of the Commonwealth Secretary-General His Excellency Kamalesh Sharma

It is an honour and a pleasure to address you, on behalf of the Commonwealth Secretary-General, Kamalesh Sharma, who very much regrets not being able to be with you today in person, as he flies to Washington for the meeting of Commonwealth Finance Ministers.

As many have pointed out, this 60th Commonwealth Parliamentary Conference takes place in the shadow of tragedy. The sudden passing away of Dr William Shija has come as a deep shock to us all. In a statement he issued on Saturday in London, Secretary-General Sharma said: “The Commonwealth at large shares in a sense of enormous sadness and loss... Dr Shija served the CPA with commitment, and with an enduring enthusiasm for its potential always to do more for its members and for citizens of the Commonwealth at the grassroots level whom Parliamentarians represent.”

I myself had the privilege of knowing Dr Shija well and working with him for the last eight years. I know that he will be deeply missed. May he rest in peace and may all those who

mourn his loss have the strength to reconcile and to move forward.

Mr Chairman, allow me to say to you as our host, how wonderful it is to be in Cameroon – and to see Cameroon playing such an important role in the Commonwealth. Thank you for the warmth of your welcome and for your kind hospitality. Thank you also to you and your team for the excellent arrangements made for this conference.

The CPA is a valued partner of the Commonwealth Secretariat and an integral part of the Commonwealth family. It brings together more than 16,000 members from over 170 parliaments in 52 Commonwealth countries -- a truly phenomenal family.

Your members represent national and provincial assemblies, presidential and Westminster systems, unitary and federal states, large and small nations, and the CPA enables all to exchange views, make connections and deepen understanding of your roles and responsibilities as representatives of the people.

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The Commonwealth and Democracy Mr Chairman, the Charter of the Commonwealth adopted two years ago “recognise(s) the inalienable right of individuals to participate in democratic processes, in particular through free and fair elections, in shaping the society in which they live.

“The Parliamentary links, forged and continually strengthened through the work of the CPA over many decades, can be seen as among the most powerful practical illustrations of Commonwealth cooperation.”

Governments, political parties and civil society are responsible for upholding and promoting democratic culture and practices and are accountable to the public in this regard. Parliaments and representative local governments and other forms of local governance are essential elements in the exercise of democratic governance.”

The commitment of our member states to representative democracy is a distinctive feature of the Commonwealth. And the Parliamentary links, forged and continually strengthened through the work of the CPA over many decades, can be seen as among the most powerful practical illustrations of Commonwealth cooperation.

While democracy around the Commonwealth takes varied forms, we all commit ourselves to certain common values and principles, and these shape both our collective goals and our collective responsibility. These include free and fair elections, human rights, the rule of law, separation of powers, and tolerance, respect and understanding. Deep-rooted in the Commonwealth approach is the ideal

PLENARY SESSION - THE POST-2015 DEVELOPMENT AGENDA Director, Political Division.

Commonwealth Secretariat, Mr Amitav Banerji speaking to delegates during the Plenary Session

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

Elections The quality of a country’s elections, to a large extent, depends upon the quality of its election management body (EMB). That body can make the crucial difference. Our aim is to ensure that EMBs are upholders of the highest electoral standards.

With this in mind we have established a Commonwealth Electoral Network (CEN), bringing together national EMBs across the Commonwealth. This reflects our firm belief that EMBs are at the heart of the electoral process. Where an EMB is independent, capable and transparent, it can play a crucial role in

ensuring the credibility of an election and public and political confidence in it.

The aim of the CEN is to facilitate experience sharing and to create support mechanisms, promote good practices and provide opportunities for peer support across the Commonwealth. The Network has made impressive progress since it was formally launched in Accra in 2010.

The Secretariat has continued to assist member states strengthen their democratic institutions and processes, including through the provision of technical assistance and by organising the observation of elections. Since 1991, the Secretariat has sent over 120 Observer Groups to elections in member states, and election observation has become one of the Commonwealth’s acknowledged brand strengths.

CMAG – custodian of fundamental political values Mr Chairman, the Commonwealth Ministerial Action Group (CMAG) of nine Foreign Ministers acts as the custodian of our fundamental political values.

Since its establishment in 1995 it has been addressing situations where serious or persistent violations of Commonwealth values have occurred. A unique Commonwealth mechanism, CMAG has supported the strengthening of democracy in member countries and has enhanced the Commonwealth’s profile and image on the international stage. In 2011, Commonwealth leaders gave the Group an enhanced mandate, enabling it to be more proactive and engaging and able to respond with greater anticipation to potentially serious or persistent derogation.

Human Rights At the last Commonwealth Heads of Government Meeting (CHOGM) in 2013, our leaders affirmed their commitment to building the capacity of member states to work with the UN human rights review mechanism the Universal Periodic Review (UPR).

They noted the work being done by the Commonwealth Secretariat in this regard, particularly with small states, and encouraged these efforts to continue. Accordingly, the Commonwealth Small States Office in Geneva has continued to support member states in engaging with the UPR mechanism, by providing advice and technical assistance, including on the formulation of country-specific National Human Rights Action Plans.

The Secretariat’s work in strengthening responses to the UPR system has extended to working with Parliamentarians, who play

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PLENARY SESSION - THE POST-2015 DEVELOPMENT AGENDA a key role as policy makers in the national context. A capacity-building intervention for parliamentarians from African member states in March 2014 led to the formation of the Commonwealth Africa Parliamentary Human Rights Group.

Democracy and Development Mr Chairman, 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 easier and more sustainable in democratic societies, where the individual has liberty and choice. Democracy is sustained and nourished where the tide of economic growth lifts all and leaves none behind.

Commonwealth Heads of Government, at their meeting in Abuja in 2002, said in their Aso Rock Declaration on Development and Democracy, “We are convinced that broad-based prosperity creates the stability conducive to the promotion of democracy; and that strong democratic institutions better promote development.”

We would do well to recall the elements identified already by our Heads of Government as those that make democracy work for pro-poor development.

These include: • a participatory democracy characterised by free and fair elections

Secretary-General of the Inter-Parliamentary Union, Mr Martin Chungong (left) and CPA Treasurer, Mr Request Muntanga

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.

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Repositioning the Commonwealth for the Post2015 Development Agenda Distinguished delegates, your conference theme is Repositioning the Commonwealth for the Post2015 Development Agenda. This is very timely and most appropriate.

Less than two weeks ago, in New York, our Heads of Government adopted a Commonwealth Statement on the Post-2015 Agenda. Permit me to quote a few excerpts: “We recognise poverty eradication as the overarching focus of the Post 2015 Development Agenda and reaffirm our commitment to sustainable development. The new agenda must tackle the causes of poverty, exclusion and inequality. We acknowledge the importance of sustainable development for all individuals, and have committed ourselves to eliminate disparities and make growth more inclusive for all, including women and girls, youth, vulnerable groups and people with disabilities.

“The Post-2015 Development Agenda should address the importance of peaceful and stable societies, and effective and accountable institutions at all

levels, for poverty eradication and sustainable development.

“We call for a strong and inclusive global partnership to support the means of implementation of the Post-2015 Development Agenda, which optimises the mobilisation of all forms of development finance and ensures their effective use for sustainable development. We draw particular attention to the importance of the Post-2015 Development Agenda being supported by international structures and collaboration that promote, inter alia: a rules-based, transparent, free and fair multilateral trading system that enhances our trade liberalisation and developmental objectives, while taking into account the vulnerabilities and special requirements of Small Island Developing States, Least Developed Countries, Landlocked Developing Countries and fragile states; a stable and effective global financial system that encourages long-term investment; and access to science, technology, innovation, and development data.

We recognise the importance of the private sector in creating jobs and making the investments necessary for balanced, sustainable, inclusive and equitable growth with full and productive employment…”

PLENARY SESSION - THE POST-2015 DEVELOPMENT AGENDA I should add that we have also contributed Commonwealth perspectives to discussions on the Global Gender Equality Post-2015 Agenda, with particular focus on women’s economic empowerment.

With its rich diversity and convening power, the Commonwealth has positioned itself to remain central to the debate on the Post-2015 Development Agenda.

I am sure the perspectives from this august assembly of Parliamentarians in Yaoundé will further enrich that Commonwealth contribution.

Before I conclude, distinguished parliamentarians, I have a plea to make. Could I ask that all of you please consider initiating and participating in periodic debates on the Commonwealth in your respective legislatures, focusing on the Commonwealth Charter and the values and principles it sets out, especially around Commonwealth Day, celebrated on the second Monday in March each year? That will go a long way towards raising the Commonwealth’s profile in your respective nations and jurisdictions.

Mr Chairman, distinguished delegates, in conclusion may I convey the Commonwealth Secretary-General’s warmest greetings and good wishes for the success of your deliberations here in Yaoundé – and thank you once again for the opportunity to address you on his behalf.

This page and opposite below – scenes from the floor during the Plenary Session

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PLENARY SESSION – MODERN PARLIAMENTS

THE EVOLVING ROLE OF PARLIAMENTS

Address by Mr Martin Chungong, Secretary General, Inter-Parliamentary Union

I am delighted to join you here today for the 60th Commonwealth Parliamentary Association Conference in my native Cameroon.

I am especially honoured to accept this invitation as it is my first trip back home since being elected Secretary General of the Inter-Parliamentary Union (IPU) earlier this year.

Before anything else, let me say how deeply saddened I am at the demise of the esteemed Secretary General of the CPA. William Shija was an indefatigable champion of Parliamentary democracy. We will feel a deep sense of emptiness with his passing. On behalf of the global Parliamentary community and on my own personal behalf, I offer our heartfelt condolences to the CPA and to his family. I am sure we will all wish to continue his legacy.

I have been asked to share with you my vision for modern Parliaments.

Let me first start with the basics. For us at the IPU – the global organization of Parliaments – Parliament is the main pillar of any functioning democracy. We are convinced that there can be no Parliament without

democracy and no democracy without Parliament.

In response to the question – what is a modern Parliament? – I would say simply that a modern Parliament is one that stays tuned to and responds effectively to evolution at the national and international levels.

It used to be that Parliaments were inward- looking: only concerning themselves with what happened within national boundaries. While that is still true today, globalization and the evolution of the world towards what is

“Since ancient Greece, where the first notions of Parliaments and democracy were gleaned, Parliaments and their roles have evolved a great deal.”

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now termed a global village, requires that Parliaments keep abreast of global processes and respond to them adequately in so far as these processes have ramifications at the national level.

Since ancient Greece, where the first notions of Parliaments and democracy were gleaned, Parliaments and their roles have evolved a great deal. This evolution has been captured eloquently by a report published jointly by the IPU and UNDP in 2012, The Global Parliamentary Report, entitled ‘The Changing Nature of Parliamentary Representation’. This was a groundbreaking publication for many reasons, not least because it took a long, hard look at Parliaments and forced them to look in the mirror. In parallel, it examined the expectations of citizens, making the link between parliament and the people.

Whereas Parliament had been previously considered to be an elite and aloof institution beyond the reach and comprehension of the ordinary person in the street, events and upheavals over the past years, not

least the Arab Spring, have shown that citizens are making greater demands on the institution and on the persons they elect to represent their interests there.

You will all agree with me that in many countries, politicians tend to have, or to be given, a bad reputation to say the least, be it well-deserved or not. They are viewed as distant, uncaring, sometimes even corrupt and secretive and their role in Parliament is opaque if not entirely obscure.

This poses major challenges to Parliamentarians. It is up to them and the institution of Parliament in all countries to alter that perception.

How can this be achieved? One way is by making Parliament and its proceedings more transparent, by literally opening up Parliament to the people. For instance, the broadcasting of Parliamentary proceedings can go a long way to showcasing the parliament’s work so that people can see their MPs “in action” as it were, defending their interests and passionately debating issues of national concern. It convinces the

PLENARY SESSION – MODERN PARLIAMENTS

Mr Martin Chungong, Secretary General of the Inter-Parliamentary Union addresses the CPC

citizens that Members have nothing to hide and does help build trust.

In this era of modern and instantaneous communication, MPs have a wide range of tools at their disposal to keep in touch with their constituents. In addition to traditional constituency walks and visits to sound out their constituents, some MPs have their own websites and Facebook accounts, can make use of instant messaging and avail themselves of social media.

We must do more, much more, to bring Parliament closer to the people and bridge the perceived or real gap between the two. The Parliamentarians must be more responsive and more sensitive to their constituents’ needs and concerns.

The relationship between the two is like a marriage – every day it has to be nurtured for it to get stronger and make it last.

These changes must occur in tandem both among individual MPs and within the institution of Parliament.

Public galleries must remain open for important debates to the media

and interested citizens. Parliaments must also show through their own procedures and composition that they are serious about change. We need to practise more what we preach.

Distinguished Parliamentarians, I would like to turn your attention to a subject that is on the agenda of your Conference: that is gender equality. Even today, in many countries

“I am heartened to see that you will be discussing during this Conference how Commonwealth Parliaments can position themselves in the context of the new generation of development goals.”

Parliament continues to be a traditionally male-dominated bastion.

We just need to look at the audience in this room to realise what I am talking about. We can no longer afford to be considered a gentleman’s club. We should become a truly gentlepeople’s club.

Women – who represent 50 per cent, often more, of the population – are demanding more than ever to be represented too and are facing all kinds of odds to run for office. The hurdles they face are innumerable – from family and societal pressures, the difficulty of juggling family and professional obligations, lack of campaign funding and low self-confidence to heckling and harassment from male colleagues within Parliament.

But it does not end there.

There are women candidates or MPs in some countries – such as Afghanistan – who endure defamation and who receive death threats each time they set foot inside the hallowed halls of Parliament.

Parliaments can do much to reduce

at least some of those hurdles. They can for instance refrain from holding late- night or weekend sessions to ease the burden of women MPs who are working mothers. They can also provide adequate facilities for women MPs and allow them to take up leadership positions rather than a mere token presence.

At the IPU, as many of you will know, we are trying to walk the talk and there has been a strong push in recent years for Parliaments to be really gender-sensitive, in their outlook, their composition, structures and their working methods.

Ladies and gentlemen, I would like for all of us to take a reality check.

Citizens today are younger, more educated, more informed and more in tune with the issues of the day than previous generations of voters. They are making multiple demands of their elected representatives. On the one hand, they are expecting a greater level of constituency service, ranging from repairing potholes and ensuring a steady supply of pipe-borne water and electricity, to attending funerals.

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PLENARY SESSION – MODERN PARLIAMENTS On the other, they are demanding greater accountability from politicians.

The Arab Spring, which spread like wildfire across the Arab world some years ago, contains many pointed lessons for Parliamentarians.

To start with, young people – who are tomorrow’s leaders – are frustrated, discontent and disenchanted with politics and politicians. They are refusing to maintain the status quo and are willing to take to the streets, set themselves on fire and risk life and limb to make themselves heard. Let us strain our ears to hear their cries and pleas. They may have something valuable to teach us. A modern Parliament is one therefore that addresses the concerns of the youth.

Again, I just want to draw your attention to what the IPU is doing in this area. It has very recently created the Forum of Young Parliamentarians of the IPU – a full-fledged statutory IPU body. They will be meeting henceforth at every IPU Assembly and will be infusing a youth input to the work of the Standing Committees.

I am convinced that they will bring an added value to our meetings.

In the same vein, the first ever

IPU Global Conference of Young Parliamentarians will be held in Geneva later this week. Many of the Parliamentarians present here will be travelling to Geneva for that Conference during which young MPs from far and wide will be taking democracy to task.

All this is to say that a modern - I would say democratic – Parliament is one that is representative of the socio-political configuration of society. One that is representative of men and women, the youth, the disabled and other marginalized components of society. And when I say, representative, I mean not only in terms of numbers but also in terms of adequate space and opportunity for these categories to participate meaningfully in the work of Parliament.

In sum, my vision of a modern democratic Parliament is one that is: open and transparent, accessible, accountable and effective. These criteria or standards can be applied to Parliaments anywhere in the world, adapted to their national realities. The idea is not to hand down a single, onesize-fits-all model of democracy to the

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“Together, let us help transform Parliaments into institutions that serve as a shining example, that inspire confidence and that we and our constituents can be proud of.” countries of the world, but merely to provide them with guidelines. Indeed, democracy must be home-grown and developed from within rather than imposed from outside.

Many of you may say it is all well and good to make these assertions.

But, what is the IPU doing to help Parliaments address the challenges I have just outlined? The IPU has a dedicated programme for delivering technical assistance to Parliaments at their request. Assistance can take many forms – from induction and

orientation courses for new MPs on their Parliamentary functions to training in legislative drafting, Hansard records and the development of library and research services.

In addition to training sessions and workshops, the IPU does a fair amount of work on standards-setting, which it places at the disposal of parliaments. . We firmly believe that knowledge shared is knowledge multiplied.

Ladies and Gentlemen, I said earlier that a modern Parliament is one that is tuned to the international scene.

Nowhere is that truer today than in the whole discourse on development. The buzz word in many circles these days is “SDGs” – the Sustainable Development Goals – which will succeed the current MDGs when they expire next year.

Parliaments were to a large extent excluded from the shaping of the MDGs and jumped on the bandwagon very late in the game. Today, that is no longer the case. I am heartened to see that you will be discussing during this Conference how Commonwealth Parliaments can position themselves in the context of the new generation of development goals.

PLENARY SESSION – MODERN PARLIAMENTS The IPU has decided to take a proactive part in mobilising the global Parliamentary community’s contribution to the SDGs-framing. We have been campaigning actively for a democratic governance goal both as a stand-alone goal and as a principle that will permeate all other goals. The new development goals will need a conducive environment in terms of policies at national level, accountability for the delivery of results and the allocation of corresponding results.

Only Parliaments can provide such an environment that is fashioned by the needs and aspirations of the people.

In sum, the new SDGs will need to be transformative and people-centred and who other than the representatives of the people can assure that?

Parliaments’ core functions of representation, law-making and oversight will take on even greater significance in this context. You will be called upon to pass relevant laws and budgets and allocate funds to the SDGs. You will have to ensure that official development assistance is effectively used for the intended purpose. Stemming corruption will be crucial. You will also have to play a role in fostering national ownership of the SDGs among your constituents.

But above and beyond the

This page and opposite – scenes from the conference floor during hte opening ceremony and plenary session

SDGs, the IPU has been calling for a Parliamentary component to all major UN and international processes for some time now. It is accomplishing this through its growing strategic partnership with the United Nations.

It is now more crucial than ever, that Parliaments take the centre stage in efforts to bridge the democracy gap at the international level. This can be achieved through ensuring greater

accountability in the functioning of international institutions.

I would like to use this opportunity to bring to your attention a major opportunity that will be offered to Parliamentarians to help shape world affairs in the foreseeable future. Since 2000, the IPU has been organizing a World Conference of Speakers of Parliament, the parliamentary equivalent of a Summit of Heads

of State and Government. The Fourth edition will take place in early 2015 at UN Headquarters in New York. It will be a platform for world Parliamentarians to articulate their vision for a better world especially in terms of the new development architecture. I am hereby launching a save the date appeal to the Speakers of national Parliaments present here, with a view to their attendance at this important gathering.

In conclusion, I appeal to all of you in the Parliamentary community to turn our common vision of the modern Parliament into reality: a Parliament which, because it is democratic in the way it is constituted and functions, stays abreast of international processes and converts the outcomes thereof into policies and decisions that improve the welfare of their people.. We must be the ones to drive change if we are truly serious about creating better Parliaments, Stronger democracies, which, coincidentally, is the title of the IPU’s roadmap for the next few years. Together, let us help transform Parliaments into institutions that serve as a shining example, that inspire confidence and that we and our constituents can be proud of. Let us put service before self.

Thank you.

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WORKSHOP A - UNITY IN DIVERSITY: THE ROLE OF PARLIAMENT

60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon Workshop A - 8 October 2014

UNITY IN DIVERSITY: THE ROLE OF PARLIAMENT Moderator: Senator Peter Mafany Musonge (Cameroon) Discussion Leaders: Hon. Joseph Mbah-Ndam, (Cameroon) Professor Jean-Emmanuel Pondi (Cameroon) Hon. Mary Muyali Boya Meboka (Cameroon) Professor Cosmas Cheka (Cameroon)

Summary The workshop heard about the historical background of section 65 of the constitution of Cameroon and the interaction of “unity in diversity” and the concept of being “united in diversity”.

Unity did not mean uniformity but encouraged diversity within society which strengthened the nation. It was necessary to protect diversity in order to create and maintain a culturally diverse country. In pursuit of these ideals, the Republic of Cameroon was unique – being based on English and French alien cultures, overlying diverse indigenous cultures.

The national team of Cameroon was a national symbol which united the country. It was a dynamic tool for creating unity and presenting Cameroon.

Cameroon geography was very diverse. Demography was also diverse, with three major groups in the country. This diversity had not threatened peace in the country, with the religious groups co-existing happily.

The educational diversity of the nation had led to great successes and had resulted in distinguished Cameroonian academics gaining recognition throughout the world.

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All Cameroonians spoke a local home language as well as French and/or English. Cameroonians regularly returned to their home villages. The languages were alive and well used. The radio used local languages.

The Moderator opened the session and introduced the discussion leaders.

Proposal from Hon. Joseph Mbah-Ndam Hon. Joseph Mbah-Ndam, (Cameroon) proposed: “Parliament must ensure that unity in diversity, as enshrined in the constitution of Cameroon, continues to be the foundation on which the Cameroonian nation reposes.”

He referred to the constitution of Cameroon, section 65, and to its historical background and the interaction of “unity in diversity” and the concept of being “united in diversity”.

He developed the idea that unity did not mean uniformity but encouraged diversity within society which strengthened the nation. It was necessary to protect diversity in order to create and maintain a culturally diverse country. In pursuit of these ideals the Republic of Cameroon

was unique, being based on English and French alien cultures, overlying diverse indigenous cultures.

Prof. Jean-Emmanuel Pondi Professor Jean-Emmanuel Pondi (Cameroon) proposed that “Parliament must ensure that its interparliamentary diplomacy enhances the spirit of ‘unity in diversity’, a peculiarity of Cameroon essential for growth and development of Cameroon.”

Professor Pondi raised the following three questions: Was the concept of Cameroon being all of Africa in one country a fantasy?

Historically Cameroon had been a German protectorate and then divided into two mandated parts, one French and one English. The country had shrunk in territorial size. But every time the people of Cameroon been had asked, the country had voted to re-unite (except in 1961). It had always chosen greater unity. The second aspect was religious unity.

The capital has never seen a fight between communities on religious or ethnic grounds. Even in colonial times Muslims were protected. Inter-faith relations had always been peaceful.

Another example was: cooking! At

WORKSHOP A - UNITY IN DIVERSITY: THE ROLE OF PARLIAMENT

Prof. Prof. Jean-Emmanuel Pondi (left) and Hon. Joseph Mbah-Ndam (both Cameroon)

any Cameroonian meal one would not expect to see dishes from only one region. There would be a blend of national representation on the table.

That was a sign of how this issue was normal for ordinary people.

The national team of Cameroon was a national symbol which united the country. When it played, everything stopped. It was a dynamic tool for creating unity and presenting Cameroon.

Was Cameroon diverse? What was the reality?

Cameroon was a diverse country with many different geographical terrains. It was the 13th largest country in Africa. So it was not very big, but it was highly diversified. It had a large number of waterways, so all regions of Cameroon were near water. There were many types of plants in Cameroon. The industrial diversity in Cameroon was considerable. Its potential for hydroelectrical power was the second largest in Africa. The population was

diverse and on the whole young.

In conclusion, the country had given two Organisation of African Unity Secretary Generals, one francophone the other anglophone.

Hon. Mary Muyali Boya Meboka, Hon. Mary Muyali Boya Meboka, (Cameroon) proposed “Parliament must ensure that Unity in Diversity as enshrined in the constitution of Cameroon continues to be the foundation on which the Cameroonian nation reposes.”

Cameroon was diverse and had two official languages. Diversity was the bedrock of the constitution.

Historically the country had been annexed by Germany. After the First World War the country had been administered under a UN mandate

by France and Britain. This had affected the country. Indirect rule had been introduced by Britain and the French system of assimilation had been introduced in the French

part of the country. Until 1960 the country had two constitutions.

From 1961 to 1972 the country had been administered separately, as a federation, but this had been replaced by a united Republic after a referendum.

This history had played a significant role in developing the nation.

Cameroon geography was very diverse. It had a rich volcanic sandy soil which allowed a variety of crops.

Cameroon had an attractive ecology with great bio-diversity.

Demography was also diverse, with three major groups in the country. This diversity had not threatened peace in the country, with the religious groups co-existing happily. The joint background of the English and French languages had created diversity with families using the education systems of both cultures. The legal systems in English and French traditions existed in Cameroon, with the British common

law system gaining the advantage over time.

There were about 29 parties contesting elections. This was successful.

The educational diversity of the nation had led to great successes and had resulted in distinguished Cameroonian academics gaining recognition throughout the world.

Politically, dialogue and tolerance had been significant messages from Cameroon for other countries.

Prof. Cosmas Cheka (Cameroon) Professor Cosmas Cheka (Cameroon) proposed “Parliament must ensure that, in its internal process as well as in its public expression, national cohesion in Cameroon is being consolidated.”

Prof. Cheka referred to the considerable diversity of Cameroon.

But he noted that that this could create problems. The cocktail of diversity included neighbouring

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WORKSHOP A - UNITY IN DIVERSITY: THE ROLE OF PARLIAMENT countries that were not stable.

The constitution covered certain problems such as religious differences. Diplomacy dealt with difficult unstable situations in nearby nations. The aim was to support other countries while ensuring that problems were not imported from elsewhere.

The co-existing legal dispensations successfully re-assured investors that there was a settled situation legally.

Politically, the various parties had supported the concept of unity, which had been a leading motive since the time of independence. This had created a sense of belonging which had supported stability.

There were significant numbers of inter-community marriages, whether from different ethnic or religious or language backgrounds.

So what was the role of Parliament in all of this? In the 1960s federation had worked because it had pursued unity. Since union, Parliament had followed this ideal of unity. Parliament had taken the lead in supporting unity in diversity. Political parties were inclusive of people of different backgrounds.

Dr Charanjit Singh Atwal (Punjab, India) said the Indian Parliament was also a fine example of support for diversity. The Indian constitution also guaranteed freedoms which supported diversity. It was the largest and most diverse democracy in the world. Power had been transferred without bloodshed. Parliament had left a lot of responsibility to the States.

In India plural society was a repository of strength for the nation.

Rt Hon. Richard Msowoya (Malawi) raised the question of what created some of the challenges to supporting diversity. It was not enough hearing about successes; what were the challenges that Cameroon faced? For example, a sense of unfairness in treatment or tribalism was an issue. These problems surfaced in various ways, whether in the way business was done or how the roads were maintained. We needed solutions to identified problems.

Rt Hon. Dr Kodela Siva Prasada Rao (left, Andhra Pradesh) and Hon. Ntombovuyo Nkopane (Eastern Cape)

Prof. Cheka welcomed this question: religious divisions could be a problem but this had been addressed by the constitution and in political life. He offered to hand over detailed information on what had been done later.

Hon. Erickson Zungu (Kwazulu Natal) asked why European languages were being preferred over indigenous languages?

Mr Litho Suka (South Africa) asked about poverty and what was being done. Also, what was the most popular indigenous language which might replace European languages and support diversity?

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Dr Mohamed Hatta (Malaysia) was encouraged by what he had heard. There were problems in Malaysia, with far fewer communities than Cameroon! Extremists existed everywhere and they always tried to disrupt stability. The Malaysian constitution had been much amended between independence and 2008, when the ruling party had lost its significant majority in Parliament. If ever the ruling party gained too much power he pleaded for no changes to the constitution.

This led to crises. We should learn from Cameroon.

Deputy James Reed (Jersey)

asked whether the Cameroon Parliament had included the Universal Declaration of Human Rights into its constitution. If so, how this protected diversity?

Stephane Bergeron (Quebec) noted the dual language and judicial systems in Canada. This did not prevent a feeling of alienation. Law supported equality but it might not translate into reality.

Hon. Senator Ekwee Ethuro (Kenya) congratulated the discussion leaders but like his colleague from Malawi he wanted solutions to problems. Recent elections in Kenya had produced killing and

WORKSHOP A - UNITY IN DIVERSITY: THE ROLE OF PARLIAMENT

displacement of persons. This remained a serious problem. These problems were tearing countries apart. Perhaps there should be a commission to report to Parliament.

Mr Crispin Blunt MP (United Kingdom) noted the glaring exception to unity in diversity and that was in relation to sexuality. In the UK, Parliament took the lead in changing opinion in relation to homosexuals. He posed the question to those from countries where homosexuality remained illegal, how were those parliamentarians going to protect those citizens affected by this repression?

Shri Uday Narain Choudhary (Bihar) supported Mr Atwal’s remarks. This topic had been selected because of tensions in various places because of poverty and unemployment. We needed to think how the CPA could play its role by solving these difficulties by bringing the issues to parliaments.

Ms Ntombovuyo Nkopane (Eastern Cape) noted that there were requirements to ensure involvement, by way of formal multiparty democracy. This had been achieved in South Africa by efforts to bring the political system to the people. Acknowledgement and use

of rural languages was important.

Hon. Johnson Tee (Sabah) noted that the situation in Sabah was similar. Policy makers needed to rely on good governance as a tool. National unity was the basis for ensuring diversity. Racial harmony and tolerance were vital. Ensuring this was a major duty of those in political life.

Hon. Ignatius Baffour Awuah (Ghana) asked about the role of the media in ensuring the goal of unity in diversity. In Ghana the President was from a different region from the Vice-President. History was different in Ghana because union with another region was easier as it had been also British administered.

Chiefs were able to meet in a traditional House of Chiefs, so this could solve disputes.

The Moderator invited Prof.

Cheka to deal with language issues.

Prof. Cheka said that there were several languages but various dominant languages in regions. If any language were chosen as a national language then this would be divisive. This did not mean that local languages were being side-lined.

Traditional law and leadership was concentrated in the Senate as auxiliaries of the administration. This was strongly supported in the nation.

Traditional law had been almost destroyed by French administration but had been encouraged by the British system .

The Moderator asked Hon. Mbah-Ndam to deal with the issue of homosexuality.

Hon. Mbah-Ndam said that homosexuality was regarded as an abomination. It was illegal conduct and fell out of the area of human rights. This was widely agreed in Africa among the people.

The Moderator asked Prof.

Pondi to deal with languages.

Prof. Pondi said that unemployment was a problem. This related to the school system which needed to be reviewed in the light of the demands of the market.

He mentioned that all Cameroonians spoke a local home language as well as French and/

or English. Cameroonians regularly returned to their home villages. The languages were alive and well used as living languages. The radio used local languages. But selection of one to be a national language would be divisive.

Hon. Mbah-Ndam said that it was necessary to select languages to be official. These official languages were part of the nation.

But local languages were strong.

If there were any lessons to learn then they were to look at the tools used to maintain diversity.

The Moderator invited Mary Muyali Meboka to comment on frustrations of minorities.

Hon. Mary Muyali Meboka noted that there were always minorities who felt excluded. This was made easier because people generally recognised that there was a system to address problems. Ecumenism [an interdenominational Christian initiative] was a major tool in supporting unity.

Dr Atwal noted that unity in diversity was not just about Cameroon but about all countries.

Recommendations from the workshop Recommendation One “Parliament must ensure that unity in diversity, as enshrined in the constitution of Cameroon, continues to be the foundation on which the Cameroonian nation reposes.”

Recommendation Two “Parliament must ensure that its interparliamentary diplomacy enhances the spirit of ‘Unity in diversity’, which is a peculiarity of Cameroon or which is essential for growth and development of Cameroon.”

Recommendation Three “Parliament should ensure that diversity, which is the foundation of a strong society, is properly assessed and harnessed within constituencies with a view to building development programmes.”

Recommendation Four “Parliament must ensure that, in its internal process as well as in its public expression, national cohesion in Cameroon is being consolidated.”

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WORKSHOP B - WOMEN PARLIAMENTARIANS SETTING THE AGENDA 60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon Workshop B - 8 October 2014

JOINING HANDS FOR WOMEN’S RIGHTS: THE ROLE OF PARLIAMENTARIANS IN GENDER EMPOWERMENT

Moderator: Hon. Eno Emma Lafon (Cameroon) Discussion Leaders: Doctor Siizka (Pakistan) Hon. Senator Raynell Andreychuk (Canada) Hon. Haddy Nyang Jagne (ECOWAS)

Summary CWP Delegates have argued that in politics, numbers count.

They are therefore working and hoping to have a greater share of responsibility in the Commonwealth Parliamentary Association as well as in their respective Parliaments.

In the workshop, women legislators agreed that they needed to shape government decisions.

They stated that to gain the results they want they must be united and speak one voice and do an aggressive lobbying from grassroots and instil everything to their political parties.

First presentation by Dr Siizka from Pakistan She emphasized that interparliamentary organizations like the CPA and IPU have rightly placed importance on numbers and women’s

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presence, because in politics numbers do make a difference.

But is it enough to secure numbers? And how do these numbers and presence or visibility of women ensure their participation, their own empowerment inside the Parliament and their contribution to changing the status of women outside, working towards the universal goal of gender equality in all spheres of life. In order to address this question, she gave a brief history from Pakistan women’s recent Parliamentary experiences and strategies.

Starting from1988, a young woman who led the struggle against a dictator for restoration of democracy was sworn in as the youngest, and first prime minister of a Muslim country. Her name was Benazir Bhutto and she became the Prime Minister of Pakistan at 36.

Many countries with better

indicators on women rights have still not achieved that. Pakistan has had a woman Speaker, a woman foreign minister, woman Head of the Defence Committee, a woman Prime Minister. All this comes with a contradiction – despite these great positions occupied by women, and, despite a liberal, rights-based constitution, women are far from equal in status as is the vision in the basic documents. Women continue to be deprived of basic services, of their rights, and subjected to cultural, economic and social forms of discrimination.

The story of women’s rights is one of fight and struggle against women’s subordination.

Politics is a struggle for acquiring power. Empowerment projects for women’s rights must therefore be central to politics if women’s subordination is to be done away

WORKSHOP B - WOMEN PARLIAMENTARIANS SETTING THE AGENDA

Hon. Senator Raynell Andreychuk (Canada, left) and Hon. Eno Emma Lafon (Cameroon)

with at all levels. For them, certain issues are fundamental to our powerlessness. One, Pakistani women’s continued absence from the workplace, from the street, and from the market place.

Two Pakistani women’s continued silence, our voices largely absent from decision making in most forums that matter.

How much are our voices heard or taken seriously in places which matter? Rights organizations and civil society focused their attention on Parliament as the place where women’s voice and presence was to be ensured. So from two members in 1947 Constituent Assembly to the present 84 out of 446, or roughly 19 per cent of members, is a long journey for women’s participation in public life. It was possible because of a constitutional quota inserted in 2006, and later became part of the18th Amendment.

Although 19 per cent is not a

very impressive number, 84 women Parliamentarians has given us a visibility and a significant voice. Quotas have provided the space: in fact the overwhelming support for quotas is on these two very points alone. Some years earlier, in interviews she had conducted on what women thought about quotas for them, one Minister supported the principle of quotas since “otherwise women in this society are bypassed completely”..

Women MPs are talking and that is important. Previously the cultural construct was that women should not even be heard, that they should be silent. Now at least they can be heard.

The question is, how do we move beyond numbers and galvanise both the presence and the voice into action.

The participation of women Parliamentarians on the floor is impressive, as they are often doing most of the business while men are doing most of the talking.

The idea of a cross-party caucus,

conceived by herself along with other colleagues Bushra Gauhar and Azra Pechuho in 2008 and supported by the Speaker, was a strategy to build a minimum consensus among women on an agreed agenda for gender empowerment. They agreed that they will not allow division on gender issues and they will confront political parties if need be. As the former Secretary who pioneered this forum, Dr Siizka consider that one of its key achievements has been the magnification of both women’s presence and its voice – in other words, they have maximized what we gained.

Caucusing was a means to emphasize women’s presence, to show that women can and do have unity in their ranks and to demonstrate that Parliamentarians can define and agree on an agenda that is beyond party lines.

The rights-based agenda was given emphasis and this was in

a large part a result of caucusing and consensus building within the Parliament: from 2008 to 2013, the women’s caucus actively pushed for greater legislation on gender, development and rights.

Notable among these legislations are laws that protect women in the public space – laws strengthening women’s right to inheritance, and criminalizing local customary practices that often discourage women from active participation in public life, and a stronger and more autonomous National Commission on the Status of Women.

Equally important was that women claim the social agenda space, which was, and seems, formally vacant.

With male Parliamentarians occupied with security and politics, the social agenda was largely an abandoned agenda.

She has reasons to believe that women are the ones who at least at the level of the Parliament are not only

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WORKSHOP B - WOMEN PARLIAMENTARIANS SETTING THE AGENDA setting the agenda. But she was not sure to what extent it is a reformist agenda.

She emphasized that it was primarily an emphasis, and a focus.

For instance the emphasis of Millennium Development Goals (MDGs), which never seemed a priority for the state, has been something that is repeatedly raised – social development and human development have been given a focus. A committee constituted on the MDGs was able to sensitize the government, which then created institutional responses.

By fact it was institutionalized in a first ever MDG oversight committee.

The caucus connected beyond borders as they reached out to women in the UK, Afghanistan, Sri Lanka, and also placed the foundation of a women Parliamentarians forum at the South Asian Association for Regional Cooperation (SAARC) level.

They held the first national convention of women Parliamentarians.

And now their main aim is to move beyond the quota as they strive from their parties to select more women to contest elections so that they could move towards their minimum target of 33 per cent representation. Now she is particularly happy to see that the tradition of caucusing, of establishing links beyond party lines on both social and gender agendas, has continued.

The Pakistan Parliament has created a space and a platform where these perspectives are enhanced, extended and expanded by networks such as this one. The idea is that the caucus is not a single item, single law agenda, it is a longstanding forum of the larger agenda, and that is to promote dynamic space where ideas are shared and exchanged, where networks are strengthened, and where women reach out across borders and build bridges.

She pointed out some challenges: first, on how much of their voices really matter. As dialogue committees are being formed, it is largely men sitting across the table and the main issue debated is an old retrogressive rule which is being called Shariah.

Sadly, the women’s movement

has lost its momentum and sadly also, as women Parliamentarians, we have not been able to significantly raise their voice to how in the name of dialogue Pakistan’s rights agenda is already being compromised, she said. While internally, in the Parliament, women get strength from this party group, this has now to be magnified beyond the Parliament.

She pointed out that there was a need to take this social, political agenda outside to policy-making forums and even beyond to voters men and women both. Because after all, this is the agenda that seeks equality and empowerment.

Hon. Senator Raynell Andreychuk (Canada) The Senator took her place to speak and emphasized that she was taken by surprise to present on this particular forum, but through her experience it is no doubt that women empowerment has been a struggle in Canada. Regardless of this she emphasized that it is good that Parliaments and Parliamentarians play a variety of roles. Their primary roles are those of legislation, oversight and representation. Legislation is about passing the laws which constitute a country’s legal framework.

Oversight is about keeping an eye on the activities of the executive, and – on behalf of citizens – holding the executive to account. Representation is about collecting, aggregating and expressing the concerns, opinions and preferences of citizen-voters.

Parliaments also provide an arena for dialogue in which citizens disparate and varied interests can be discussed.

As representatives of citizens’ interests, Parliamentarians have a crucial oversight role in holding the Executive accountable for performance. To maximize their oversight role, Parliamentarians should undertake the following: • Review and amend existing legislation relating to violence against women, to ensure that the responsibilities of law enforcement personnel are in line with human rights standards and commitments; • Conduct gender impact assess-

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ments/evaluations of existing legislations/policies; • Hold consultations, public hearings and gender audits to assess the effectiveness of existing schemes and programmes; and • Insist that gender budgeting is taken seriously by all Ministries and Departments.

Democracy is premised on a genuine partnership between men and women. Parliamentarians, individually and collectively, can play a crucial role in promoting gender equality. Every Parliamentarian must equip themself with information about women empowerment programmes.

Every Member of Parliament has ,at their disposal, numerous Parliamentary instruments which can be utilized to enforce accountability of the Executive in various matters concerned with the empowerment of women. Besides participating in the proceedings of the House, a Parliamentarian’s membership in a Parliamentary Committee gives him/her an opportunity to exchange views and ideas with members of other political parties, on their stand regarding gender equality and women’s rights.

It must be realized that women’s participation in mainstream political activity, political processes, policy making and decision-making has important implications for the broader arena of governance and nation-building. Women’s presence at decision-making levels will not only enhance their own status, but will also strengthen democratic institutions and make democracy more meaningful.

Hon. Haddy Nyang Jagne (ECOWAS) Hon. Haddy Nyang Jagne passed her appreciation to the late Dr. William F. Shija and the entire team at the Commonwealth Parliamentary Association for the privilege and honour conferred on the Economic Community of West African States (ECOWAS) Parliament to be a 60th CPC special guest, and for choosing an ECOWAS female Parliamentarian as a discussion leader .

Assertions from Laws and Protocols on Universal Declaration of Human Rights, Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), adopted by United Nations General Assembly in 1979 and United Nations Fourth World Conference on Women in Beijing in September 1995, gives Parliamentarians the legal impetus to influence humanity by ensuring the ratification and implementation of laws that raise the bar for the proportion of women in leading corporate positions to 35 percent by 2020 as part of economic growth strategy.

In her view of the above the matter, it is a need for Parliamentarians to understand the sources of inequality and social exclusion of women before they can advocate for gender equality at all levels. The biological differences between male and female are static but the social roles are dynamic.

These changing dimensions of gender are important for policy formulation because what one society has created, another society can change. Paradoxically, an obstacle to change anywhere is the fear of loss of benefits by those presently in privileged positions.

Again she said she emphasized that it is legislative reforms and reforms in the legal system that ensure the protection of women’s rights and equal access to justice. Parliamentarians are obligated to enact laws that diffuse patriarchal ideologies rooted in culture, religion and administrative practices that inhibit women’s abilities to contribute to issues that affect them.

The standard, set by United Nation Economic and Social Council in 1990 on affirmative action, of reaching at least a 30% representation of women in Parliament and the institutionalization of the party quotas, or reserving seats for women in Parliament to ensure their political participation, should be imbibed.

However, financial service to women is central to poverty reduction because it empowers women to increase their income base, own assets and averts vulnerability to

WORKSHOP B - WOMEN PARLIAMENTARIANS SETTING THE AGENDA economic stress. Parliamentarians, in collaboration with governments, should design appropriate policies by maintaining macroeconomic stability, and avoid interest rate ceilings that discourage lending by finance institutions mostly patronized by this disadvantaged group.

According to John Ashe, President of the United Nations General Assembly’s 68th Session, “The service of Members of Parliament the world over enhances the process and cause of democracy by providing a forum that gives expression to the will and voice of citizens.” Ashe opined that the ability of Parliamentarians to offer insights into the priorities of their constituents, gives them the latitude to engage citizens and the private sector in shaping and implementing policy.

Discussion Parliamentarians, as elected representatives of the people, are uniquely positioned to reinforce and extend the work of governments by influencing and shaping the content of their respective national developmental agendas. Through collaboration with experts and civil society organizations, they provide insights on the needs of women within their domain.

The roles of Parliamentarians in this context are as follows: • MPs are obligated to monitor national government implementation of the various international convention on gender equality and advocate for quota system for election and appointments of women to senior positions in the public and private sectors • Ensure that laws are amended to incorporate the application of a quota system to strengthen a balanced participation at all levels and punitive measures drafted in form of resolutions to curtail violations • Women and children are the most vulnerable groups in society during conflicts, hence Parliamentarians should systematically draw up legislative, political and budgetary measures that squarely protect and address the needs of women

Hon. Haddy Nyang Jagne (ECOWAS)

• Explore policy options to deal with rampant cases of unwanted children born out of sexual violence • Ascertain the credibility of finance institutions to ensure transparency and accountability in the management and disbursement of funds to reach target groups • Collaborate with national government to link microfinance operations with The New Partnership for Africa’s Development (NEPAD) strategies as a coordinated approach to poverty eradication • Ensure budgetary allocations for scholarship programmes targeting girls from very poor families and institutionalize gender sensitivity training for public officials involved in the implementation of gender policies • Enact laws and periodically examine policies on agriculture, land tenureship and family laws in order to identify and modify the provisions that are discriminatory against women’s access to land, credit and inheritance • Assure coherence between policy pronouncement and implementation of MDGs and carry out oversight functions on the coordination and monitoring of poverty

reduction strategy • Gender mainstreaming is the prerogative of Parliamentarians in order to boost attitudinal change • Periodically monitor the effectiveness of gender focal points to ascertain the current status of women Recommendations The pursuit of democracy is incomplete without policies, measures and practices that seek to reduce inequalities between men and women in all spheres of life.

Democracy is supposed to transform power relations between men and women by promoting the equal distribution of power and influence.

Limited policies management, and ineffective oversight and implementation constitute problems to empowerment of women.

Since Parliamentarians are central in the enactment of laws, the workshop recommended the following actions: Recommendation One “Intensive lobbying for more bills that encourage more women in politics and allocate funds to create rehabilitation homes for abused and abandoned aged women.”

Recommendation Two “Access to justice, equal treatment, right to own property, right to access credit, fairness in the distribution of family inheritance and obligations to children in case of divorce or separation.”

Recommendation Three “Education is the key that opens doors of opportunity for women, and also empowers them to take routine risk that someone else would shrink from.

Once more, education gives women the leverage to stand up against domestic violence, intimidation and any form of negative influences militating against their personal growth and development.”

Conclusion Conclusively, powerlessness is a curse and effect of poverty anywhere.

Since Parliament is the legislative arm of any democratically elected government, there is therefore a clarion call on all MPs to consciously examine laws through gender lens by upping their Parliamentary oversight to ensure equality of all citizens irrespective of sex, age and background.

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WORKSHOP C - POST2015 DEVELOPMENT AGENDA 60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon Workshop C - 8 October 2014

EVALUATING THE EMERGENT CONTENT OF THE POST-2015 DEVELOPMENT AGENDA AGAINST THE STANDARDS SET OUT IN THE COMMONWEALTH CHARTER Moderator: Hon. Francis Logan MLA (Western Australia) Discussion Leaders: Hon. Alfreda Mwamba MP (Zambia) Hon. Dato Sri Devamany S. Krishnasamy (Perak) Mr. Charles Chauvel (UNDP)

Summary Delegates at the workshop discussed the development and implementation of the new Sustainable Development Goals (SDGs) being drafted by the United Nations to create the post2015 agenda. These were to replace the current Millennium Development Goals (MDGs) that were due to reach their conclusion in 2015.

Participants agreed that although significant progress had been made in achieving the MDGs there was still a significant amount to do in areas where the goals had not been met in full and it would be necessary for the SDGs to be finalized and then implemented in a robust way if they were to be achieved and not simply become another set of aspirations that did not lead to real improvements.

Workshop delegates considered the relationship between the SDGs

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and the Commonwealth Charter and recognized that the Charter provided an additional and useful framework which could be used by governments and Parliaments alongside SDGs in Commonwealth countries. Delegates also discussed the important role that Parliaments could play during the finalization of the SDGs and then in ensuring that governments took the necessary action to achieve them.

The Session Moderator, Hon. Francis Logan MLC (Western Australia), reminded delegates that the MDGs had been agreed in 2000 and set out eight goals which were to be achieved by 2015. The goals covered a number of issues including the eradication of poverty, education, gender empowerment, child mortality, maternal health and HIV/AIDS. As the United Nations (UN) prepared to finalize and ratify the new SDGs, it

was important for events such as this workshop to take place to inform the process of the development of the new SDGs. First discussion The first Discussion Leader, Hon. Alfreda Mwamba MP (Zambia) explained how the post-2015 agenda was currently being developed by the UN in consultation with a range of stakeholders including Members of Parliament, cooperating partners, governments and NGOs. She expressed the view that the development of the post-2015 agenda provided the opportunity to place sustainable development at the core of humankind’s pursuit of shared progress. With an appropriate post-2015 agenda there was scope for the world to make real progress to eradicate extreme poverty by

WORKSHOP C - POST2015 DEVELOPMENT AGENDA 2030, to protect the environment and to promote social inclusion and economic opportunities for all. The ultimate aspiration of the post-2015 agenda should be to create a just and prosperous world where all people could realize their rights and live with dignity and hope. Hon. Mwamba pointed out to delegates that the Commonwealth recognized that rising inequality at both international and national levels had implications for poverty reduction and future growth potential in member states.

As a consequence, achieving growth with equity must be one of the policy priorities for the Commonwealth, in keeping with the Commonwealth Charter which included principles covering both governance and development.

Hon. Mwamba explained that the Rio +20 outcome document had established an open working group to develop a set of SDGs for subsequent consideration by the General Assembly of the UN. The open working group had now set out initial draft SDGs which contained 17 goals covering the three pillars of sustainable development, namely economic, social and environmental issues.

The Commonwealth Charter affirmed the values and the principles of the Commonwealth and it was

therefore appropriate for delegates to match the SDGs against the Charter ,to assess whether the proposed goals complemented, supplemented or differed from the standards set out in the Charter. Hon. Mwamba stated that Parliaments had a central role to play in ensuring that the executive branch of government produced workable implementation strategies and that these were effectively implemented.

Second discussion The second discussion leader, Hon. Dato Sri Devamany S. Krishnasamy (Perak) set out some of the current challenges facing the world as it developed the new SDGs. These included the economic circumstances, new and challenging trade patterns and unprecedented threats to peace and security. There were demands for greater democracy in many countries and the rise of social media meant that human rights movements and individual citizens were now able to operate in different ways to achieve their aims. There was a need to set out new values. The Commonwealth Charter contained useful principles to achieve this as it covered matters such as democracy, tolerance, understanding and respect, the rule of law, good governance and sustainable development.

Hon. Alfreda Mwamba MP (Zambia)

Hon. Dato Sri Devamany S. Krishnasamy (Perak)

In order to achieve sustainable development it was important to create conditions of peace and security, as underprivileged citizens could be tempted into terrorism and this, in itself, was a threat to sustainable development. Global partnerships were important, as matters such as the international financial crisis, climate change and environmental destruction were issues that could not be tackled and addressed by any one country in isolation.

The Malaysian experience provided a useful template as, after the 2009 elections, the new Prime Minister had engaged the population and stakeholders to develop a new plan for the country to create wealth, ensure appropriate distribution of wealth and create employment.

Hon. Devamany expressed the view that social equality needed to go hand-in-hand with economic development and there was a need for societies to take measures to encourage values such as civic responsibility.

He stressed the importance of regional development agendas such

as the African Union’s 2063 vision, but pointed out that policies were of no use unless implemented on the ground and nations needed to be inspired from within to achieve success.

Third discussion The third Discussion Leader, Mr Charles Chauvel (United Nations Development Programme), stated that the MDGs had been the first concerted attempt to address global concerns and poverty and, although not all had been achieved, this coming together of the international community had been an extremely positive thing. He noted that, although there was a need to accelerate progress in achieving the MDGs, there had nevertheless been significant progress since 2000 with extreme poverty in the world cut by a half, more girls going to school and progress in tackling diseases such as tuberculosis.

Mr Chauvel informed delegates that there had been an exhaustive consultation process for the development of the SDGs with working groups, a technical support

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WORKSHOP C - POST2015 DEVELOPMENT AGENDA He also stated that Commonwealth Parliamentarians needed to take account of the Commonwealth Charter to assist in this monitoring.

Hon. Carmelo Abela MP (left) and Hon. David Agius MP (Both Malta) team and engagement with civil society. The current 17 draft goals and 107 targets needed to be refined but they covered a much wider range of human activity than the MDGs

as, for example, they contained environmental goals as these were key to sustainable development.

The intention was to continue development of the draft SDGs

Hon. Shamsul Iskandar MP (Malaysia)

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through inter-government meetings and a conference in Addis Ababa to consider funding issues in advance of a high-level summit with a view to beginning work to implement to goals from January 2016. Mr Chauvel explained that the MDGs had been criticized as being goals that the developed world had imposed on developing countries and stated that it was therefore important that the SDGs met the needs of all countries.

The Commonwealth, which included developed and developing countries, was a useful mix to achieve cooperation. And the 16 priorities in the Commonwealth Charter covered many of the topics that were addressed in the SDGs – although the Charter also had additional provisions covering the need for good governance and human rights, which were not matters included in the SDGs. Mr Chauvel told delegates that Members of Parliament would have a crucial role to play to ensure that governments achieved the post2015 agenda and Parliaments would need resources to do this effectively.

Subsequent discussions A number of delegates participated in the discussion that followed the presentations by the discussion leaders. A number of questions were raised that the discussion leaders were invited to address. Hon. Marriyum Aurangzeb (Pakistan) explained how Pakistan had created a federal and provincial Parliamentary task force to consider the draft SDGs, overseen by the Speaker, to ensure that there was appropriate coordination between federal and provincial institutions. She considered that this model could be expanded to a regional level as issues such as security and climate change could not be dealt with by individual countries and the regional coordination that was required could possibly be facilitated by the CPA or the IPU. She further stated that the Parliamentary task force was not in itself adequate as there was a need to promote the SDGs through Parliamentary business and the budgetary process. The initiative known as Pakistan 2025 was aiming to align the national agenda with the SDGs. The High Commissioner for Bangladesh, Mr Hassan, stated that the MDGs had been principally about poverty reduction but that the aid provided under them had not been country-specific and countries could not get the help they needed. Even if the MDGs had been achieved they were not sustainable, and it was therefore important to create a genuine global partnership as part of the new programme. It was a lack of this partnership which had meant that the MDGs were not achieved.

Mr Chauvel explained, in reply, that the UNDP was working with Parliaments on initiatives to promote dialogue on the draft SDGs and providing assistance to help them promote awareness and take action once they were adopted.

The process being used in Pakistan

WORKSHOP C - POST2015 DEVELOPMENT AGENDA was a good model that others could follow. And he suggested that the CPA could work with the Inter-Parliamentary Union (IPU) and others to foster a regional approach, as this could lead to meaningful outcomes.

Shri Prem das Rai MP (India) stated that India considered that the post 2015 agenda must be based on the Rio +20 conclusions in relation to sustainable development, in order to protect the environment with poverty eradication as a priority. It was important that the new agenda left no one behind and this linked with the Commonwealth Charter which referred to the need to improve the lives of all people.

It would nevertheless be necessary to go beyond the Charter, which focused more on good governance, so that the full range of human aspirations could be addressed.

Hon. Shamsul Iskandar MP (Malaysia) stated that momentum was building on good governance, and promoting economic growth alone was not sufficient, as stronger institutions were also needed.

People expected to see honest and responsive government as a goal, as effective governance supported sustainable development and could not be ignored. Mr Chauvel pointed out that the UNDP had run an online survey to get views on the draft SDGs from those who might not otherwise be heard and the overwhelming response from ordinary people was that they wanted clean government that delivered on public services without corruption and diversion of funds. He considered that Commonwealth countries had a particular need to implement goal 16 [Achieve peaceful and inclusive societies, rule of law, effective and capable institutions] because of the provisions of the Commonwealth Charter.

Hon. Carmelo Abela MP (Malta) expressed the view that more needed to be done to achieve the MDGs although austerity measures could, even in developed countries, go against the success of the MDGs.

be merged together as these were effectively the same. Growing drug abuse was also a concern which could not be ignored, particularly among young people.

Hon. Marriyum Aurangzeb (Pakistan) He felt that both Parliaments and the Commonwealth needed to find new ways to address these issues.

Hon. Santosh Vinita (Sandy) Kalyan MP (South Africa) stated that she was frustrated by the change in terminology between the term MDGs and the new reference to SDGs, and she was also concerned by the lack of a specific goal in the SDGs on HIV/ AIDS. This was now encompassed in a more general health goal.

With the AIDS pandemic still increasing, she was concerned that this change could make this issue fall off the post 2015 agenda. She also felt it could be difficult for the role of Parliaments to be defined as it was not always clear which government department was responsible for different goals and this made it hard for Parliaments to fulfil their duty to hold the Executive to account.

Mr Bhekizizwe Radebe (South Africa) pointed out the difficulties in relation to international trade and stated that current regulations were not fair on developing countries.

He gave the example of new UK rules that had imposed restrictions on goods from South Africa, with an impact on the jobs of 80,000 people. He had learnt during the conference that Cameroon produced a considerable amount of cocoa but had no means to process it

and therefore had to import cocoa products at a much greater price. If the goals were to be achieved it would be necessary for international bodies to open up international trade.

Senator Moses Wetangula MP (Kenya) expressed concern that the new SDGs could end in failure if they did not have a strong national content.

He pointed out that Africa had the greatest difficulties in achieving the goals as, even though the continent had 60% of the world’s resources, it was only responsible for 1.5% of the world’s trade, and was at the mercy of decisions taken in Brussels or Washington. Africa must, in his view, stop producing what it did not consume and consuming what it did not produce. He was concerned that even in a country such as Angola with a strong GDP growth many of the population were still living in abject poverty. In many parts of Africa a new class of super-rich had been created and Parliaments must address this issue to achieve real change.

Mr Chauvel concurred that delegates were right to be sceptical about the drafting of policies and frameworks when what was required was for the focus to be on implementation.

Hon. Nonhlanhla Khoza (Kwazulu Natal) considered that the goals to end poverty and end hunger should

Recommendations At the end of the discussions the session moderator put forward the recommendations proposed by the discussion leaders which were all unanimously approved by the workshop.

Recommendation One “Implementation support to developing countries in the Commonwealth should tackle domestic revenue collection, policy and institutional coherence as well as institutional and human resource capacity.”

Recommendation Two “Sanctorium: The will of democracy, governance, peace, freedom, tolerance, moderation, law, protection, inclusiveness, social equity demands a pragmatic action plan nationally and internationally.”

Recommendation Three “Commonwealth Charter commitments to good governance should inform SDG implementation

by Commonwealth Governments, and mean that Commonwealth Parliaments should be well-informed to monitor such implementation.”

Hon. Francis Logan MLC (Western Australia)

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WORKSHOP D TRANSPARENCY AND ACCOUNTABILITY 60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon Workshop D - 8 October 2014

GOOD GOVERNANCE FOR THE 21ST CENTURY: TRANSPARENCY AND ACCOUNTABILITY CONTINUE TO MEET NEEDS AND REQUIREMENTS THROUGHOUT THE COMMONWEALTH Moderator: Mr Elijah Okupa MP (Uganda) Discussion Leaders: Hon. Amanda Fazio MLC (New South Wales) Mr Tavish Scott MSP (Scotland) Dr Ken Coghill, Monash University (Australia)

Summary The first measure of accountability for Parliamentarians throughout the Commonwealth is to the people they serve. In so doing, every elected member should accept their responsibility as a public officer, put there by those who voted for them, to always act in the best interests of the public. Above all they have a duty to hold the government to account.

Parliament must be independent in its practice of financial scrutiny, ensuring that proper checks and balances are placed on all government expenditures. Responsible government means the Executive being responsible to Parliament and not the other way around.

The principle lies in the superiority of Parliament, with the Executive accountable to it.

Measures to accomplish this

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include a robust system of access to information such as exists within the Parliament of South Africa. Also, an independent commission reporting to Parliament, chaired by a member of the judiciary, as exists in New South Wales has proven effective in that jurisdiction. In Scotland, a Public Accounts Committee has been established by Parliament, designed as an external body, chaired by an Auditor, with reports brought before Parliament for review and scrutiny.

Discussion Hon. Amanda Fazio, MLC (New South Wales) outlined the mandate of the Legislative Council, stating that as a chamber of review it is called upon to review the effectiveness of Government programs. In so doing, it works to ensure that there is no corruption in the system and to hold

the government to account. As an example of this, the budgetary process was outlined. In essence, the budget is presented after which the Minster and senior bureaucrats appear before the Committee.

The bureaucrats may be recalled for further clarification, but not the Minister. The budget estimates process is open to both the public and the media.

In addition to the workings of the Legislative Council, an Independent Commission Against Corruption has been established. This Commission is bipartisan with both the upper and lower Houses represented. It is given powers similar to that of a Royal Commission, with the ability to compel witnesses to give evidence. It is a powerful agency that maintains a firm system of visible accountability from government to the public.

WORKSHOP D TRANSPARENCY AND ACCOUNTABILITY

(left to right) Discussion leaders Dr Ken Coghill, Monash University, Australia and Mr Tavish Scott MSP (Scotland) with moderator Mr Elijah Okupa MP (Uganda)

Mr Tavish Scott, MSP outlined the principles of the Scottish Parliament with respect to transparency, accountability and overall scrutiny. In essence, the strength of Parliament begins in its full representation of all sectors of society, notwithstanding race, social or religious structures. It must be in control of its budget, and in this respect, this budget must not be imposed by government, but should be decided by the Members and for the Members. Moreover, elected Members have a duty to hold the government to account. The system of accountability must be

transparent, open and strong.

Mr Scott then outlined the structure of the Public Audit Committee within the Scottish Parliament, stating that it is an external body established by Parliament. The committee, chaired by an independent auditor, scrutinizes reports that are presented from the Assembly. It serves as an independent check on government expenditures and moreover, performs an audit function that is independent of both government and Parliament. As a committee, it has the ability to call for persons, papers or records it requires to

fulfill its mandate, and in so doing, is effective at scrutinizing given its unfettered access to the information it requires.

Dr Ken Coghill, Associate Professor, Monash University (Melbourne, Australia), reiterated the premise that Parliament must be independent from government in its financial scrutiny of government expenditures, stressing the importance of a separate budget

by Parliament as well as a separate forming of the budget by Parliament.

In essence Parliament must not be part of the Executive’s appropriation.

Responsible government requires

that the Executive be responsible to Parliament, not the other way around.

Dr Coghill recalled the British Parliamentary principle, dating back to 1688-89, recognizing that Parliament is superior and the Executive accountable to it. Every Member of Parliament must accept that they are public officers and must act in the public interest. Moreover, they must represent the best interests of the nation, even above the best interest of the parties they serve. In this respect, the purpose of Parliament is to serve the public interest, including fiduciary duties and public trust.

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WORKSHOP D TRANSPARENCY AND ACCOUNTABILITY Dr Coghill then outlined a proposal, established in 2011, for an open government partnership, serving as an international platform for domestic reformers committed to making their governments more open, accountable and responsive to citizens. To date, 65 countries are involved, including ten from the Commonwealth, with government and civil society working together to develop and implement ambitious open government reforms.

He noted that this is part of the National Integrity System, working to reduce corruption and promote open government with an international group of nations. In so doing those countries involved are committed to subscribing to at least two of the five following principles: • Improving public services; • increasing public integrity; • more effectively managing public resources; • creating safer communities; and • increasing corporate accountability.

Dr Coghill noted that where there is greater openness, it results in improved government performance and a better outcome for all in society. Moreover, through active participation in open

government, Parliamentarians work with government in conjunction with public consultation to effect a more accountable and transparent system that is beneficial to all.

Discussion centred around the possible role of the CPA in establish ing a working group on Parliamentary transparency. This could bolster the role of the individual Parliamentarian in fulfilling their mandate to the electorate – to scrutinize legislation, with their first accountability being to the people they serve while ensuring that funds are always used responsibly in the public interest.

The guiding principle would be to look to receive a commitment from every Parliamentarian to ensure that they accept their responsibility as public officers, always acting in the best interests of the people. Above all they have a duty to hold the government to account.

Moreover, there has been a history in excusing malpractice, which in turn leads to disaffection with the institution of Parliament and the inevitable erosion of trust granted to elected representatives. It is up to those who uphold these principles of transparency

Discussions continue

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and accountability to work to ensure that these institutions act responsibly and uphold the principles they represent.

Recommendations The following recommendations were endorsed: Recommendation One “Legislatures and parliaments can achieve sustained and detailed transparency and accountability of government when elected Members are adequately supported in their scrutiny role.”

Recommendation Two “Parliament has the responsibility to ensure accountability and openness of Executive government through powers including; oversight of government agencies, programmes and service delivery; scrutiny committees; and minimizing opportunities for corruption.”

Recommendation Three “That legislatures throughout the Commonwealth each deliver an open government partnership action plan developed with public consultation, and commit to independent reporting on their progress.”

WORKSHOP D TRANSPARENCY AND ACCOUNTABILITY

This page, top, Rt Hon. Justin Muturi (Kenya) and, below, Hon. Musa Goodman Dlamini (Swaziland)

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WORKSHOP E - THE ROLE OF EDUCATION

60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon Workshop E - 8 October 2014

HOW CAN PARLIAMENT ENSURE THAT YOUNG PEOPLE ARE PLACED AT THE CENTRE OF SUSTAINABLE DEVELOPMENT: THE ROLE OF EDUCATION Moderator: Hon. Gene Zwozdesky, MLA (Alberta, Canada) Discussion Leaders: Rt Hon. Dr Kodela Siva Prasada Rao (Andhra Pradesh, India) Dr Roberta BlackmanWoods MP (United Kingdom) Mr Johannes Raseriti Tau (South Africa) External Expert: Prof. Cosmas Cheka (Cameroon)

Summary Delegates participating in this workshop examined the question: How can Parliament ensure that young people are placed at the centre of sustainable development: the role of education. A variety of potential actions and solutions were offered as this issue is clearly of vital importance throughout the Commonwealth.

Some common themes emerged including the need to create an enabling environment whereby young people can be meaningfully involved in the dialogue on sustainable development to ensure their voice is heard and their unquestioned stake in the future is fully realized. Discussion leaders and delegates also examined the need to integrate educational curricula and skills development, including vocational and technical

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training, with current economic and employment opportunities to achieve truly global and sustainable development. Delegates also observed that educational programs must become more universally equitable and accessible to young people regardless of economic circumstance or gender. There was wide agreement that legislators and policy-makers have a myriad of tools at their disposal to ensure young people take their rightful place in society in helping to shape our shared goal of sustainable development.

Recommendations Recommendation One “Empowerment of youth and sustainable growth recommend the legislatures for suitable enactments; governments should make policies

and allocate funds for vocational and technical education.”

Recommendation Two “Parliaments need to ensure that the education system of their jurisdiction actively engages young people in shaping how sustainable development is planned for and delivered.”

Recommendation Three “Parliaments ought to create enabling environments for young people to participate in scrutinizing programmes designed to facilitate job creation and skills development through public hearings.”

Recommendation Four “Parliament must, for sustainable development to be achieved, master and use its powers to legislate and oversee the implementation of a visionary educational policy.”

WORKSHOP E - THE ROLE OF EDUCATION

Moderator Hon. Gene Zwozdesky, MLA (Alberta, Canada) and discussion leader Dr Roberta Blackman-Woods MP (United Kingdom)

Discussion leader Rt Hon. Dr Kodela Siva Prasada Rao (Andhra Pradesh)

Mr Johannes Raseriti Tau (South Africa)

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WORKSHOP F FINANCIAL OVERSIGHT

60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon Workshop F - 8 October 2014

FINANCIAL OVERSIGHT IN WESTMINSTER-STYLE AND FRANCOPHONE PARLIAMENTS: SHARING GOOD PRACTICE Moderator: Mr Request Mutanga, MP (Zambia) Discussion Leaders: Senator Dinga Ignatius (Cameroon) Mr Thomas Docherty, MP (United Kingdom) Mr Marc Tanguay, MNA (Quebec) External expert: Professor Rick Stapenhurst (World Bank and McGill University)

Summary Delegates discussed what good practices could be shared between Westminster-style and francophone Parliaments in the area of financial accountability. Discussion leaders from United Kingdom, Cameroon and Quebec shared their experiences of good practices in their individual legislatures. The external expert from the World Bank and McGill University shared the results of a survey on the topic, noting that, while there was a considerable body of knowledge in the about Westminster practice, there was little in francophone Parliaments.

Senator Dinga Ignatius (Cameroon)

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Delegates and discussion leaders discussed the differences in practices between the Napoleonic and Westminster systems, noting the strengths and weaknesses of each. The lack of public trust in Parliaments’ ability to effectively enforce financial oversight was a common theme. And it was noted that if Parliaments continue not to perform this vitally important role, then the public with lose faith in the system of government. The public’s enhanced knowledge from technological advancements made constituents want more information

on how Parliaments are undertaking this role. It was noted that it was incumbent on all Parliamentarians to take responsibility for acting in a transparent and accountable manner.

Delegates agreed that effective preparation and training for committee proceedings is essential in ensuring that legislatures undertake their financial oversight role effectively. Equally important is the level of resources available to the legislature, especially in relation to the operation and research capacity of their committees.

Discussion Mr Marc Tanguay MNA (Quebec) introduced the topic by indicating that sharing good practice should be the starting point for any new initiative for financial oversight of Parliament. He quoted the earlier speech given at the conference by the Secretary General of the IPU where it was indicated that the lack of trust of citizens towards Parliament was a very important challenge.

Mr Tanguay indicated that Parliament needed, on behalf of the people, to hold government accountable, and one of the ways that this could be achieved was by

WORKSHOP F FINANCIAL OVERSIGHT

Mr Marc Tanguay, MNA (Quebec, left) and Mr Request Mutanga, MP (Zambia)

sharing more information and better informing the public. His view was that the media cannot be relied on to provide this information as it used to iit should come from Parliament itself and members of Parliament need to be active in this role. As an example, he indicated that in Quebec there is a website where the public can access all contracts above the value of $25,000. Initiatives such as these will assist in making financial oversight more accessible to constituents.

Senator Dinga Ignatius (Cameroon) highlighted the value of sharing the good practices of Westminster and francophone Parliaments. He noted the that financial oversight is an essential

instrument in Parliamentary oversight which seeks to ensure good governance, minimise waste and promote administrative performance.

Whilst financial oversight procedures may differ from state to state and from system to system, their main goal is the same, to ensure efficiency and effectiveness in government expenditure and uphold the rule of law.

In his presentation Senator Ignatius defined the key concepts of Parliamentary oversight, financial oversight and financial oversight committees, examined financial oversight in both Westminster and francophone Parliaments, and then looked at practices in financial

oversight in respect of Cameroon, which is a hybrid of the two systems.

He concluded by stating that the Pulic Accounts Committee (PAC) model of horizontal accountability which is typical of the Westminster system can be applicable in both Parliamentary and presidential systems. But the dynamics associated with the Westminster model may not easily be transported in a presidential context.

All the practices outlined in his paper should, when adapted to the country’s governance environment, be mutually beneficial and would go a long way to ameliorate financial oversight.

Mr Thomas Docherty MP (United Kingdom) commenced his presentation by outlining some

recommendations of a 2012 report by a House of Commons Liaison Committee entitled ‘Select Committee effectiveness and powers’ which was aimed at increasing the extent to which Parliaments could enhance their ability to hold the government to account. He observed that Gary Player, the famous golf player, was once quoted as saying, “The more I practise the luckier I get” and suggested that a similar sentiment could be applied to Members’ preparation for scrutiny. He noted that most MPs have no training in scrutiny (except perhaps lawyers), committees are too often not focused in their inquiries, and it is important to have training to assist members Continues on page 268

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60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon 2-10 October 2014

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WORKSHOP F FINANCIAL OVERSIGHT

in their ability to ask questions of the executive.

Mr Doherty focused on the measures designed to improve training to MPs in this area. One was to use outside trainers to give overall advice to committees, another was to have QCs brought in to assist the the style and method of questioning techniques, and lastly that the use of library resources be fully utilised.

He gave some examples where one Member (who had effectively prepared for a committee hearing) was able to discover that the UK army had lost 3,500 radios, as well as a bridge, and that the Air Force had lost an aircraft. He concluded that as the quote at the beginning of his presentation indicated, practice for MPs results in better results for effective oversight of the Executive.

Prof. Rick Stapenhurst (World Bank and Macgill University) shared some results of a survey his organisations had conducted into Westminster and francophone Parliaments. He indicated that whilst there was great body of knowledge of Commonwealth Westminster legislatures, there was a dearth in that of francophone legislatures, and his project was designed to fill that gap.

One of the findings was that almost all Commonwealth legislatures follow Westminster practice, but not all francophone legislatures follow De Gaulle practice. He noted that whilst the Westminster system is embedded in common law, the Napoleonic

Mr Brian M. M. Ntundu (Zambia) system relies on civil law.

Prof. Stapenhurst outlined some of the differences between the Westminster and francophone legislatures pointing out that accountability mechanisms in the former system has an emphasis on efficiency, effectiveness and economy, whilst the latter has it in ex ante control (i.e. prior to the funds authorisation). In the study cited by Prof. Stapenhurst, nine different dimensions in oversight of budget were examined. They were: initiation of process, mandate, activities, powers, witnesses usually called, work of committee (decisions), committee reports, communication with the public, and government response. He concluded that Napoleonic systems seem to produce a weaker system of oversight than Westminster ones,

Mr Thomas Docherty, MP (United Kingdom)

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and that the main differences were in public communications and powers of committees.

Shri Prem Das Rai (India) commented that financial accountability was becoming problematical in all Parliaments, and that it was his view that the electorate perceives that not enough oversight is being done. He noted that the media only reports some (usually negative) aspects but that social media was now having much more impact.

Hon Kabwe Zitto (Tanzania) gave examples from his perspective as a longstanding chair of a Public Accounts Committee where reports of that committee are sometimes seen as a ritual, with no consequences. In one example, given from 2012, it was only after many years of reports where the committee was able to hold the government to account. He cited Zambia’s experience of live coverage of Public Accounts Committee proceedings as a positive development that had improved accountability.

Dr Chris Bourke (Australian Capital Territory) posed two questions for the workshop. First, do you account for the cost of measures to improve openness and accountability? What benefits are there from improved communications between estimates and public accounts committees?

Mr Brian M. M. Ntundu (Zambia) commended all for presentations to the workshop and sought further

clarification on the website mentioned in Mr Tanguay’s presentation.

Mr Richard Msowoya (Malawi) noted that where the Parliament and its committees were ruled by a majority party, it can pose obstacles for accountability, which is frustrating for both Parliament and the public.

Mr Mitch O’Brien (World Bank) asked Mr Docherty whether there was a direct relationship between select committees of the UK House of Commons and its PAC and are there any rules of procedure/standing orders that are designed to improve and enhance that relationship?

Hon. Makhojane Monyane (Lesotho) asked the panel whether most legislatures had a practice where the membership of the Public Accounts Committee is composed in the same way that the legislature is (especially where there is a significant government majority) and, if so, does that lead to effective oversight?

Hon. Simon Osei-Mensah (ECOWAS) commented that when corruption or maladministration is exposed by the Public Accounts Committee it can often lead to public fatigue. He noted that there is often a lack of willingness by government/ Parliaments to implement the recommendations emanating from PAC reports, and if this occurs the public lose faith with the system of government.

Baroness Hooper (United Kingdom) commented that the subject matter of this workshop appeared to overlap with topics from other workshops held earlier in the day at this conference and asked whether themes/outcomes could be reflected in the final communique issued at the conclusion of the conference. She was of the view that it was the responsibility of all MPs to ensure that they are acting to ensure transparency and accountability.

Hon. Juan Watterson (Isle of Man) queried whether it might be useful to have an annual report to Parliament on all committee recommendations that had been made during the year and whether they had been implemented. He pointed out the danger of PACs focusing

WORKSHOP F FINANCIAL OVERSIGHT

on noteworthy and newsworthy matters rather than efficiency and effectiveness.

Mr Elijah Okupa MP (Uganda) suggested that there was a need for the Commonwealth to share information of financial oversight, and noted that no legislatures have financial independence which could affect their ability to perform that important oversight role. He noted that whilst the chair of the PAC in Uganda was an opposition MP, he was aware of other jurisdictions where the chair was the Minister for Finance. He informed the workshop that in Uganda there is full and live coverage of PAC activities and that it was the most popular committee in terms of public interest.

Hon. Lindiwe Maseko (Gauteng) told the plenary that in South Africa ministers were quite often quite fearful of their appearance before the PAC, but that they should be grateful because such scrutiny was good for both their agency and for the benefit of the public. However, Parliament needed to devote adequate resources to ensure that the committee had good research capacity to undertake its important task.

Mr Marc Tanguay in response

to the questions and comments raised, noted that there was a lack of confidence and trust in the institution of Parliament and this was largely due to the fact that the public is now more knowledgeable and have the tools to see where parliaments shortfalls are. However, he cautioned that, whilst technology should be used to promote accountability it can come a quite a significant cost.

Senator Ignatius also responded to the comments raised by pointing to a recent positive development in Cameroon where the legislature has become involved in improved pre-scrutiny of the budget which will, hopefully, improve the oversight process.

Mr Docherty, in responding to comments, pointed out that communication with the electorate was very important and told the plenary that in the UK there is a press office in the House of Commons that assists Committees getting its message out about its activities, with useful tips like putting stories out on a Sunday to ensure maximum coverage. He noted that the committees maximise their effectiveness if there are no dissenting reports, and that training on PAC practices (such as the UK CPA

Shri Prem Das Rai (India) and Baroness Hooper (United Kingdom)

Professor Rick Stapenhurst (World Bank and McGill University)

Branch annual PAC seminar) can useful for members.

Prof. Stapenhurst responded to the comments made by noting that a lot of the queries raised were dealt with in a recent book published by the CPA/World Bank entitled ‘Following the Money’. He said that it was important to note that there was no silver bullet to solve financial oversight problems, and solutions that work in one jurisdiction may not necessarily work in another. He concluded by saying that Parliamentary staff that are independent and non-partisan are crucial, as well as staff who

can provide research capacity for committees undertaking their important role.

Recommendations The following recommendations were endorsed: Recommendation One “That transparency and effective information for the public be the primary objectives of any reform of the financial oversight exercised by Parliaments.”

Recommendation Two “Parliament must ensure that effective financial oversight depends on the independence, objectiveness, solidness of structures and the level of its cooperation with the audit institutions.”

Recommendation Three “Parliaments must ensure that committee members undergo training in questioning techniques and the preparation of questions to ensure they deliver effective financial scrutiny of government departments.”

Recommendation Four “Acknowledging that Parliaments in English and French speaking countries share common objectives regarding budgetary oversight, greater collaboration and sharing of good practices is recommended.”

Some delegates asked that the third recommendation be amended by inserting after ‘must’ the following words: “be independent by ensuring that budgets are ringfenced”.

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WORKSHOP G PROVIDING FOR THE VULNERABLE 60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon Workshop G - 8 October 2014

WHAT IS THE ROLE OF PARLIAMENT IN PROVIDING FOR THE MOST VULNERABLE IN SOCIETY?

Moderator: Dr Lam Pin Min MP (Singapore) Discussion Leaders: Deputy James Reed (Jersey) Mr Charles Chauvel (UNDP)

Summary The session was opened with two contrasting but complementary papers delivered by Deputy James Reed of Jersey and Mr Charles Chauvel of the United Nations Development Programme (UNDP).

Deputy Reed focused his attention primarily on the legislative aspect of transforming the lives of the most vulnerable. He approached this from the aspect of the need to have a properly functioning democracy with a secure human rights regime in place and a will on the part of legislators to ensure that the most vulnerable were protected by statute.

Mr Chauvel’s focus was directed less towards legislation itself and more to the framework legislators operated within. He also focused on the sociological context of the vulnerable and the statistical

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dispersal of vulnerable groups. He laid particular emphasis on the need for Parliamentarians to use Parliamentary tools to achieve their ends.

The debate that followed was one that concentrated on the resource aspect of providing for the vulnerable. Parliamentarians debated the extent to which Parliamentary resources should be dedicated to the plight of the vulnerable and relieving patterns of inequality. This included the discussion of reserved seats.

It also included discussion of the difficult issue of the need to balance managing the economy with the need to include all within the tent of Parliamentary democracy.

Discussion The debate focused on the degree to which Parliamentarians could intervene directly to provide for the

most vulnerable in society and a review as to the Parliamentary tools available to them for this purpose and a discussion as to how the most vulnerable were to be defined.

Deputy Reed opened the discussion by arguing that democracy provides values that protect human key human rights and maintain principals such as the accountability of government and the rule of law.

He pointed out that key human rights values and principles such as universality, freedom of expression, equality, non-discrimination participation and the inclusion of vulnerable groups are, in one way or another, part of the constitutions of all countries.

Through its law-making function Parliament is in a key position to legislate to protect to ensure that new and existing legislation is consistent

WORKSHOP G PROVIDING FOR THE VULNERABLE with human rights obligations which in turn offer protection to all in society including the most vulnerable. As legislators, Parliamentarians have a number of tools at their disposal to provide for the most vulnerable. In general terms these tools included the ability to change culture and attitudes, the ability to address the causes of inequality and the ability to build a stronger fairer and more cohesive society.

Deputy Reed argued that if Parliaments are to be serious about helping the most vulnerable, various steps need to be taken and the most important of these is clearly to identify what they are. This is done by engaging with those agencies that work with the vulnerable and at the same time giving those agencies a voice in the legislature, and by having Parliamentary champions.

Parliamentarians should also be mindful that identifying the vulnerable is not enough. Their needs must be clearly identified and assessed with legislative measures put in place to assess whether outcomes are being achieved.

Deputy Reed concluded his presentation by reminding members that whilst, as Parliamentarians, they had the power to provide for

At the workshop

Rt Hon. Barbara J. Webster-Bourne (Anguilla)

the most vulnerable, this could not be achieved effectively without encouraging others to share in this responsibility.

Mr Chauvel, Advisor, Parliamentary Development, UNDP, followed Deputy Reed with a presentation which emphasised the

need for Parliaments to strive to be legislators for all of society. He began with a quotation from Helen Clark, UNDP Administrator.

“A strong legislature is essential for democratisation and public accountability. Capable Parliaments ensure that all citizens including

the most marginalized and disempowered have their voices heard.”

Mr Chauvel drew members attention to statistics that demonstrated that vulnerable groups such as indigenous people were under-represented in Parliaments and that the ratio of women to men MPs in this grouping (one in five) was particularly low. He said that, in seeking to assist the most vulnerable, Parliamentarians should not just focus on their law-making functions but should aim for an approach from two directions. First, they should be grounded in their community and always strive to speak on behalf of the vulnerable within it. They should also use all the means that Parliament supplies them with to achieve this.

Remedies to the problems of the vulnerable were not exclusively legislative and there were many additional non-legal tools that Parliamentarians could use. There were the rules of Parliamentary procedure, standing orders, standing committees and caucus and crosscaucus committees, questions, and notices of motion could all be put to the service of the vulnerable by

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WORKSHOP G PROVIDING FOR THE VULNERABLE Parliamentarians. None of these options should be overlooked.

Finally Mr Chauvel pointed out that sub-groups of MPs can provide an excellent forum for vulnerable groups, working on areas such as gender, poverty and other key human rights issues. He gave two examples. The Tanzanian Parliamentarians’ AIDS coalition contributed to the lowering of the HIV prevalence rate and the creation of a standing committee on HIV/AIDS affairs. He also cited the Women’s Caucus in Pakistan which has become a platform that ensures that gender concerns are part of the main stream in the work of the Pakistan Parliament.

Hon. KN Rai (Sikim) said that in providing uplift for the vulnerable, the input of young people was essential. And that youth associations, education establishments and civic youth programmes should all be used as tools of first resort by Parliamentarians in assisting the vulnerable.

Hon. Phoebe Abraham-Ntantiso (Eastern Cape) said that in South Africa they were fortunate to have a Bill of Rights that protected everyone including the most vulnerable. In addition to a Bill of

Rights it was important for the government to spend resources on education programmes and infrastructure so that the vulnerable were physically able to participate in education. South Africa had advanced programmes of free health care which aided the vulnerable and that job creation programmes and the fight against violence against the vulnerable were also part of South Africa’s approach.

Mr Chauvel said that economic exclusion was an important factor in rendering people vulnerable.

He added that the introduction of bills of rights were vital in aiding the vulnerable and that human rights had not always been taken into account by the framers of many Commonwealth constitutions.

Mr A.M Shaik Emam (South Africa) agreed with the previous speaker and said that South Africa had come far in addressing the challenges of providing quality healthcare. He said that the development and national encouragement of sport was often an overlooked tool in aiding the vulnerable.

Mr Chauvel thought that a

Hon. Bhekizizwe Radebe (South Africa)

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fair burden sharing environment was essential in providing for the vulnerable and that effective health care was one element but that Parliamentarians also needed to do things such as put pressure on the international trading system, for fairer deals for the poor and that internationally, Parliamentarians could achieve this through new technologies and information based forums. Deputy Reed said that labour standards and environmental standards which often adversely affected the vulnerable could also be monitored by Commonwealth MP’s in this way.

Hon. Dr Mohd. Hatta (Malaysia) said that active Parliamentary participation was not always easy. In Malaysia it was very difficult to put forward private members bills. They did not have a committee stage that would allow members to engage with civil societies and NGOs. Instead they had informal caucuses which were surprisingly helpful. He recommended that the CPA should organise an international Parliamentary caucus to discuss this issue of the vulnerable.

Mr Chauvel said that since the fall of the Berlin Wall an environment had developed whereby people expected

representative democracy and this, combined with new technologies, made it difficult for governments to retain control over legislatures.

Ms Jalia Bintu MP (Uganda) said that in Uganda special interest groups, women, the physically challenged and youth were all embraced by the constitution and were allocated reserved seats in parliament.

Hon. Abraham-Ntantiso said that vulnerable groups are the marginalised of society and that it was the roles of Parliamentarians to be the voice of the voiceless. Space must be created by Parliaments so that these people can express themselves. He reminded members that the face of poverty is feminine.

Mr Chauvel said that the groups of vulnerable will change from time to time, in each society it would be different people who needed to be brought into the tent with measures such as reserved seats. It was the duty of Parliamentarians to share best practice with each other and that the UNDP was able to facilitate this. This was relatively easy to achieve between Parliaments in the Commonwealth as we all come from similar legal traditions. He added that the UNDP platform on the internet, Agora, was a particularly useful tool set up with this purpose in mind.

Deputy Reed said that identifying the vulnerable, in which ever forms vulnerability occurred in the jurisdictions of the Commonwealth, was the first step to assisting this and that, as Mr Chauvel had pointed out, it was for Parliamentarians to take full advantage of the networks available to them.

Hon. Alexia Manombe-Ncube (Namibia) said that each CPA Parliament should strive to come up with a law that compelled each president to ensure that there is always a vulnerable person presence in Parliament.

Rt Hon. Senator Ekwee Ethuro (Kenya) said that it was essential to have a progressive constitution because without a progressive constitution with the critical instruments within it, it was difficult

WORKSHOP G PROVIDING FOR THE VULNERABLE to work for the vulnerable. These critical instruments were particularly important in the areas of health and education where everyone to some extent is vulnerable.

Hon. Joseph Banadzem (Cameroon) said he was concerned by the issue of vulnerable youth who were led into illegal activities and extremism and wondered whether legislation was enough. He asked what the CPA could do to arrest the drift to extremism.

Deputy Reed said the answer lay in youth being valued and having a sense of belonging and a feeling that they are able to contribute to our communities and economy.

Mr Chauvel said it that the young were being failed by their countries when surveys indicated that most youth wanted to leave their country and go to the prosperous north. These were the people who felt they had no stake in society who needed to be given, by Parliamentarians, a belief that they can change things.

Mr Bhekizizwe Radebe MP (South Africa) said that in order to provide for the vulnerable, Parliamentarians needed to ensure that the appropriate budget was available. He said that the state

Dr Teo Ho Pin MP (Singapore)

cannot be Father Christmas and that we all needed to remember that resources are finite. He added that people should strive to be independent as far as possible and in so far as possible not depend on the state. He said that in South Africa the middle class was growing and

that CPA Parliamentarians must be able to speak with one voice on free trade so that the economies of our countries can grow.

Mr Chauvel concluded by saying that it was important to spread the safety net while promoting robust economic growth.

Recommendations Both the below recommendations were given a majority, and were endorsed by the workshop. The workshop generated wide discussion but there was no strong dissent from the general intentions of the recommendations.

Members shared their experiences of achieving these aims with the various Parliamentary and financial resources at their disposal.

All present agreed that one of the most effective ways of carrying the recommendations forward was greater exchange of information between Parliaments, facilitated by the CPA, so that all could enjoy the benefits of inclusion that all democratic societies are striving to provide.

Recommendation One “Parliaments and governments should work together with civil society and faith groups to transform the lives and opportunities of the most vulnerable people in society.”

Recommendation Two “As a key aspect of their duty of representation, parliaments should have regard to the particular importance of dismantling entrenched patterns of inequality.”

(left to right) Discussion leader Mr Charles Chauvel (UNDP), moderator Dr Lam Pin Min MP (Singapore) and discussion leader Deputy James Reed (Jersey) The Parliamentarian | 2014: Issue Four | 273

WORKSHOP H - PUBLIC TRUST

60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon Workshop H - 8 October 2014

PARLIAMENTARIANS AND PUBLIC TRUST: DO CODES OF CONDUCT HELP? Moderator: Hon. Chief Letapata Makhaola (Lesotho) Discussion Leaders: Mr Crispin Blunt MP (United Kingdom) Professor Ken Coghill (Monash University, Australia)

Summary The Working Group heard about the disastrous experience at Westminster in 2009 in relation to Parliamentary expenses and the background to the seven principles of conduct in public life defined by the Nolan Commission.

It agreed that Members were public officers who should act on the public behalf, rather than because of any other consideration, whether personal, party or other.

The position of non-political commissioners to enforce standards was important. Sanctions varied immensely, from expulsion (rare) to admonishment. But the most important variation was the cultural underpinning of the enforcement of rules.

Media treatment of Members was bad but over the long term if standards were maintained properly then public mistrust of all politicians would be dealt with.

Culture was vital in how codes were enforced, so the culture that was developed within parties was important. Political parties must accept some responsibility for maintaining standards. Parliaments often relied on parties as the mainstay of membership and parties had a

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responsibility for selecting candidates who were suitable. The precedent of the Conservative Party in the UK where they pre-selected people of integrity who were of the right level was worth following.

Discussion Chief Letapata Makhaola (Lesotho), the Moderator, opened the session and welcomed the two speakers. This session was about public trust.

Mr Crispin Blunt MP (United Kingdom) referred to the disastrous experience of 2009 in relation to Parliamentary expenses. Allegations were investigated by a Commissioner who reported to the Committee on

Mr Crispin Blunt MP (United Kingdom)

Standards. The Code of Conduct had been strengthened and now proscribed certain activities such as working for lobbying firms. But none of the safeguards had prevented the 2009 scandal over expenses. The press had named over 600 members.

The criticisms had been often unfair or wrong. However, the public had been horrified and it had not been possible to explain events properly.

Some members had been criminally careless. They were the exception. Most members had acted within the rules. The lessons to be learnt were that the rules had to be in advance of public expectations.

The outcome had been that an independent statutory authority had been set up; but this had not changed public opinion.

None of this would have surprised Lord Nolan, the author of the original ‘Seven Standards in Public Life.’

Public trust was not enhanced by the gossip circulated by the media and on the internet.

The media needed to be balanced in its approach, but this was not forthcoming from the media. So what to do?

Enhanced scrutiny was needed and this was being achieved by way

WORKSHOP H - PUBLIC TRUST

of the select committees. Leadership was also needed.

Treatment of minorities was an important area. Better arrangements for minorities was important. Long term respect for Parliamentarians would come from a proper statement of the truth about difficult issues rather than adopting popular but wrong views.

We needed to learn from each other’s mistakes and Mr Blunt said that he had made mistakes in the past, which he had learnt from.

Prof. Ken Coghill, (Monash University, Australia) referred to his recommendation and said that his work with members over the last few days suggested that codes of conduct really did help to influence the ways in which Members behaved.

The fundamental point was that Members were public officers who should act on the public behalf, rather than because of any other consideration, whether personal, party or other. He referred to the Australian Chief Justice’s definition of public officers, including Members, as occupying a position of trust, authority, or service under constituted authority.

But there was another element and that was a national integrity system. The behaviour of legislators influenced the overall integrity of the public system of governance.

The CPA had asked him to

prepare a report on codes of conduct in branch Parliaments. This had involved talking to members attending this conference. The next step was to draft what kind of general standards should be set. There would be a conference workshop on this in May next year. The final result would be published by the CPA. About 114 Parliaments had replied to his survey on this, both national and sub-national. The codes varied, some merely being in the Standing Orders, but others being more extensive.

There was therefore a wide range of documents, which set very different standards. Some of the provisions even extended to the criminal law. The position of commissioners to enforce standards was important as well.

Sanctions varied immensely, from expulsion (rare) to admonishment.

But the most important variation was the cultural underpinning of the enforcement of rules.

Sanctions needed to be complemented by advice from those who understood the issues. He hoped that the meeting would support his recommendation.

Hon. Anġlu Farrugia (Malta) referred to the difficulty associated with treatment of minorities. It was not justified to refuse equal treatment of minorities including homosexuals.

Malta had decriminalised homosexuality some years ago

Ms Santosh Vinita (Sandy) Kalyan (South Africa)

and now recognised gay marriage.

Public trust depended on proper pursuit of criminal behaviour; any privilege enjoyed by politicians had to be removed and the Statute of Limitations now had been removed for politicians. There had to be a Worshop participants including Hon. Mian Tariq Mehmood, MPA (Punjab, Pakistan, left)

balance of rights. All constituents had to be represented equally.

Ms Santosh Vinita (Sandy) Kalyan (South Africa) supported both recommendations strongly. In South Africa there had been a scandal to do with travel fraud. However, some of those who were guilty still served in Parliament. The Powers and Privileges Act, governing standards of behaviour in Parliament, was about to be used for the first time in treating new members who had insulted the state president.

Mr Blunt was grateful for the response of colleagues. Media treatment of members was bad but over the long term he thought that if standards were maintained properly then public mistrust of all politicians would be dealt with.

Prof. Coghill referred to an Italian case where a Member of Parliament managed to avoid prosecution by remaining a Member. He wondered whether a similar privilege existed in Malta?

A speaker replied that Members

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WORKSHOP H - PUBLIC TRUST

did not have immunity in Malta.

Prof. Coghill was interested in the use of the Powers and Privileges Act (South Africa). This was a difficult area because members could become martyrs.

Hon. Ntombi Mekgwe (Gauteng, South Africa) said that rules of behaviour should provide guidance to prevent bad behaviour. What provision for enforcement existed in the UK? What resources did the Commissioner for Standards have?

She referred to minor gifts and the problems this created. She thought that no gifts should be accepted.

Jeanette Ngathi (South Africa) referred to the problem of discrimination against homosexuality.

She asked whether a declaration of personal sexuality was required in Parliament. She referred to the South African Integrity and Ethics Committees: were public comments included on the issue of integrity? And how was the issue of media coverage dealt with?

Senator Hon. Raynell Andreychuk (Canada) supported any move to create a common approach to the problem of ethics. In the Senate of Canada the dignity and honour of the

institution was paramount. Criminal cases were not part of the business of Parliament but ethics were separated out and an independent conflict of interests officer would investigate matters. But a group of five senators would investigate the outcome to be adopted. The Code was evolving, and not static. There was a need to reflect changes in culture. (The press now said that the Senate had done a better job than the House of Commons in Ottawa).

Mr Blunt said that criminal matters were referred to the police. The Registrar referred matters to the Commission if necessary. Members told the Registrar about their affairs and then took advice. Ministers had a more stringent code to follow. There was no requirement to declare one’s sexuality. He thought that there was an element where privacy was acceptable and a right. There was a parallel to the Ethics Committee – the Standards Committee. It was chaired by a member of the Opposition Party.

He noted Senator Andreychuck’s intervention and agreed that the situation was dynamic. As far as the need to uphold the honour and dignity of the institution was concerned

Workshop participants Rt Hon. Vicki Dunne (Australian Capital Territory) and Rt Hon. David Carter (New Zealand)

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he noted that the independent pay review body was becoming more confident. There were also changes being made to arrangements, such as keeping confidential the fact that a matter was being investigated.

Prof. Coghill said that culture was vital in how codes were enforced, so the culture that was developed within parties was vital. As far as the question of gifts was concerned – what was the purpose of the rule?

It was to ensure that individuals were not compromised. It might be something of low economic value but still influential on the Member receiving it. The threshold needed to reflect the community’s view of what was reasonable. Many interviewees had noted that political parties must accept some responsibility.

Parliaments often relied on parties as the mainstay of membership and parties had a responsibility for maintaining standards but also for selecting candidates who were suitable. The precedent of the Conservative Party in the UK where they pre-selected people of integrity who were of the right level was worth following.

There had not been an

opportunity, as yet, to invite public comment on the draft proposals. He was attracted to the Canadian idea of inviting comments from media organizations. He was grateful for the example of the new Malta Code.

Mr William Bailhache (Jersey) endorsed both recommendations.

The Nolan Principles were a sensible start to ensuring that the Code said the right thing. He supported the concept of a right to private life, as enunciated by Mr Blunt. He thought that in a small jurisdiction there would be a serious disincentive on people to put themselves forward for public service if too much personal financial information was published. The Code of Conduct must be acknowledged in the spirit as well as the letter. It was difficult for any Code to cover all circumstances. Finally, if there was any breach there should be an appropriate sanction. The public expected no less. A conviction should involve some form of disqualification.

It was desirable to involve an independent contribution to deciding disciplinary sanctions.

Hon. Justin Muturi (Kenya) said that rules had to be seen to be enforced. The new constitution

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in Kenya included a number of provisions about integrity. But it was necessary to note the general public view of Parliament. The media set the pace in much of the judgement of Parliament. There was a division in the view of the public though, because sometimes they voted for people who were not up to standard. He also noted that a single Parliamentarian’s behaviour could affect the general view of Parliament.

Shri Uday Narain Chaudhury (Bihar) noted the pressure on those in political life and that they had to face the voter every five years. That was when they were reviewed.

Prof. Coghill said that the reputation of Parliament was important but Parliament must also function well. There was a danger in seeming to be interested in image management rather than effective work. Having a five-year review was interesting but there needed to be constant review, not limited to when a member faced an election. Australian courts tended to impose exemplary penalties against members of Parliament; he would be interested in comments from the floor on whether this was a good idea.

the criminal law applied and any suspension of over six months meant that the members would, in current practice, resign, he could not see why the law needed to be changed. However, the party leaders would wish to support this move to introduce recall. The key thing was to ensure that the investigator should be a person of the utmost integrity, and independent.

Rt Hon. Vicki Dunne (Australian Capital Terretory) said that no reference had been made about pay, which was part of the problem, especially in the UK. This was relevant.

Hon. Anġlu Farrugia (Malta)

Mr Blunt said that Parliament in the UK was like a whipped dog. It had never been ethically of a higher standard. Scrutiny was increasing and actions by members needed to be able to withstand that. Any system needed to be robust enough to enjoy confidence. He noted the demands on Indian colleagues in terms of time and expectations and similarly in Kenya. The leadership expected of MPs in those countries was immense.

Prof. Coghill’s work was part of the

process of sharing information about standards. There was a varied level of standards internationally. He hoped that the UK experience could serve as an object lesson of what to avoid.

Finally, he referred to the system of recall, about which he would be expected to vote on, on his return to Westminster.

This proposal was a symptom of an institutional lack of confidence.

Since any behaviour could be referred to the Commissioner,

Recommendations The two recommendations were endorsed unanimously.

Recommendation One “That benchmarks be prepared to guide parliaments in the development of codes of conduct which aim to enhance public trust in parliaments and parliamentarians.”

Recommendation Two: “Codes of conduct only improve trust in parliamentarians if the public see that they are upheld, and that parliamentarians represent all their constituents equally.”

Deputy Francis Quin (right) and Deputy Gary Collins (both Guernsey)

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CWP - WOMEN’S REPRESENTATION POST-2015

60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon Commonwealth Women Parliamentarians Session - 8 October 2014

INCREASING WOMEN’S REPRESENTATION IN THE COMMONWEALTH POST2015: CHALLENGES AND WAY FORWARD Moderator: Rt. Hon. Rebecca Kadaga MP, CWP Chairperson (Uganda) Discussion Leaders: Senator Eno Emma Lafon (Cameroon) Hon Alix Boyd Knights MHA (Dominica) Ms Chris Charlton MP (Canada)

Summary Delegates at the CWP Session discussed the current status of female representation in Parliaments, the journey to reaching this point in the fight for equality in Parliaments, and the road ahead for gaining greater gender parity going forward.

Participants agreed that although significant progress had been made in women attaining positions in their respective legislatures across the Commonwealth, there remained an enormous way to go.

They discussed the challenges and barriers to better representation, the issue of training provided to women Parliamentarians to ensure that they have the necessary tools to serve as Parliamentarians and also the strategies adopted across the Commonwealth to improve the status quo.

Discussion The first discussion leader, Senator Eno Emma Lafon, outlined the fact that women’s representation in Cameroonian politics had plateaued

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until 2013, when there was a substantial increase from 14% to 31% in the National Assembly and to 20% in the Senate. This achievement was in part, she explained, a result of the electoral code which advocated for the inclusion of women and youth on all electoral lists – or they would be rejected. This code was supported by pressure exerted by the Ministry of Women’s Empowerment and the Family.

She outlined the role of the education system in Cameroon that provided equal access to both sexes.

However certain elements of society, holding traditional beliefs of men and women fulfilling different roles, continue to hamper gender parity in this area.

Senator Lafon attested that governance at all levels – in the family, community, public affairs and politics – was always vulnerable to gender inequality. She insisted on the necessity of breaking away from a patriarchal society where dominance and authority is ordained to the man as family head, and the woman is

caged in the domestic private sphere.

New policy instruments, education and heightened levels of research released into the public domain have created the space to challenge traditional stereotypes, opinions and norms about the role of women in modern society.

In Cameroon, as set out by Senator Lafon, the consequences of the inequality of women in society have taken various forms, including a lack of education, gender-based violence, heightened levels of poverty, maternal mortality and unemployment, all making women more vulnerable.

Senator Lafon offered a series of strategies for the session to consider that would help address some of the challenges faced by women across the Commonwealth.

These included the promotion of gender-friendly laws, the inclusion of gender mainstreaming in education curricula, the promotion of female entrepreneurship, the provision of education on credit investment opportunities, the offering of seminars

CWP - WOMEN’S REPRESENTATION POST-2015

Hon. Monjowa Lifaka Emilia (Cameroon) and Lindiwe Maseko MP (South Africa)

to educate society as a whole on the importance of gender equality, the delivery of training on the prevention of gender-based violence, the review of legal instruments that are discriminatory towards women and the implementation of resolutions, treaties, procedures and texts relating to the protection of women’s rights.

Hon. Alix Boyd Knights MHA, Speaker of the Parliament of Dominica, talked about the most recent World Bank survey which set out that only 21.9% of national Parliamentarians are women.

Reflecting on this disappointing percentage, she attested that Millennium Development Goal Three is therefore lagging far behind in many countries.

She was delighted to be a part of this session, but she commented that she was not surprised to look around the room and to see that 99.9% of attending delegates are women. She challenged fellow female Parliamentarians not to continue to preach to the converted, but to target men and the wider

society to advocate for gender equality in Parliament and beyond.

She suggested that a sub-title for this session should be ‘women still working twice as hard to get half as far’.

Building upon the frustration towards women’s situation in the political sphere, she encouraged women to speak up on the advantages of having a genderequal parliament. Women have a responsibility to govern, just as men do. She brought the session’s attention to statistics revealing that the higher the percentage of women sharing economic and political power in a country, the more developed that country is, or becomes.

She announced to the session the importance of the three ‘m’s: mentoring, mobilising and motivating.

She talked about women who have overcome the odds and surmounted hurdles to get to their chosen career and encouraged everyone to take inspiration from these examples.

Introducing the concept of multitasking, she asked delegates to

imagine someone who feeds a baby, gets a toddler to eat without too much mess, stirs a pot while giving orders to others to perform some task or other.

She asked delegates to tell her the gender of this person and challenged the men attending the session to reach for the broom when they return home rather than the remote!

Her point was focused around the challenge of marrying domestic duties – so often assigned to women – with the challenges of juggling a political career, or any career successfully. She called on all delegates to reach out to men, for the good of society and humanity to seek gender parity in all sectors of society.

She explained that we have to engage the hierarchy of the political parties as a women’s group, and bring them to forums such this. We need to let them hear how we think as a group, and let our unified voices be strong and persistent. We have to get them to help convince women of the electorate that we are worthy of their vote.

There is a saying which goes:

people who do the same thing over and over expecting a different result are mad. She advised that women Parliamentarians have been doing the same thing over and over with regard to strategies for getting women into Parliament and hoping to get better results. She called for different strategies, fresh ideas and new proposals on how to reach gender parity across jurisdictions of the CPA and the world over.

Ms Christine Charlton MP (Canada) acknowledged the progress made by the CPA and member states on gender equality. In particular, the CWP had done excellent work, since it was founded in 1989, to advance the representation of women in Commonwealth Parliaments and to increase the involvement of women Parliamentarians in the CPA. She reflected that with the end date of the Millennium Development Goals (MDGs) approaching in 2015, the United Nations, governments, Parliamentarians, civil society and academics have begun discussions

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CWP - WOMEN’S REPRESENTATION POST-2015 on the framework that should replace the MDGs. She asserted that these current discussions at the CWP, as well as the CPA, had an opportunity to influence the post-2015 development agenda, and to ensure that this agenda includes goals on women’s equitable representation in politics and decision-making positions worldwide.

She outlined that for decades, organizations such as the Commonwealth and the United Nations have identified the need to increase the proportion of women in Parliaments. Her conclusion

was that there has been a slow but consistent rise in the percentage of Parliamentarians who are women, but most Parliaments fall below the widely recognized benchmark of 30% for women’s representation. Of course, while 30% is a great target, 50% is the ultimate goal!

She considered how women are faring across the world and in the Commonwealth in terms of their participation and representation in Parliaments and made these points: • The world average for women’s representation in single or lower Houses of Parliament was 22.2%

The CWP Anthem is sung

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as of September 2014. This average has inched forward from around 15% ten years earlier.

• Thirty-nine countries reached the ‘critical mass’ target of 30% of Parliamentary seats in the lower or single house held by women as of September 2014 – and of these countries, ten are Commonwealth states. She asked delegates to give these countries a round of applause.

• Commonwealth member, Rwanda became the first country to have more female than male members of Parliament, reaching approximately 56% in September 2008; that pro-

portion rose to almost 64% in 2013.

She added we can also be proud of our host country, Cameroon; in the 2013 legislative election, women won 31% of the seats – more than doubling their representation in the National Assembly.

Speaking about her own jurisdiction, Canada, the year 2013 was historic at the provincial and territorial level. For the first time ever, six of 13 Premiers were women – which meant that over 80% of the Canadian population was represented by a female Premier!

At the federal level, the first woman

CWP - WOMEN’S REPRESENTATION POST-2015 elected as a Member of Parliament to the House of Commons was Agnes Macphail, who won her seat in the first federal election where women had the right to vote – the year was 1921. She held that seat until 1940.

The decades following her election saw steady growth in women’s representation in Parliament. A recent tally in 2014 reveals that women hold around 25% of the elected seats in the House of Commons. She said that this is a sign of ongoing progress when you consider that just 30 years ago, women’s representation in the House of Commons was merely

9%. In Canada’s appointed Senate, women’s representation stands at 38%.

Despite progress in Canada and other Commonwealth countries, she asked delegates to consider an important question of what are the greatest obstacles to women’s participation in politics and Parliaments?

She outlined that patriarchy and persistent gender stereotypes worldwide tie women to reproductive roles and housekeeping responsibilities.

As a result, family obligations

limit public and political life.

Female Parliamentarians have all experienced the challenge of balancing demanding family obligations with the timeconsuming work of politics. Women continue to hold a disproportionate share of household and family responsibilities, and as such, the conflict between the demands of family and work is a barrier to women’s political participation.

This obstacle is particularly overwhelming when support systems, such as access to affordable childcare, are not in place.

She set out that another significant obstacle to women’s political participation is a lack of leadership experience and influential connections. In most countries, women remain under-represented in decision-making positions in areas such as law, academia and the business world. As a result, women have fewer opportunities to develop the high-profile professional reputations that are sought by political parties.

She explained that in Canada, women do not have the same leadership experience in the business sector, where they hold only 5% of the chief executive officer (CEO) positions in corporations and 16% of board director positions, despite the fact that women make up 47% of the workforce.

Another important deterrent to women entering politics is the lack of financial support available for many female candidates. There are two stages during a woman’s candidature which require a significant financial investment: the nomination process and the electoral campaign. In many countries, women have less financial independence than men as they receive, on average, lower incomes. They are also less likely to receive political financing from individuals and businesses.

Women in politics can act as role models and mentors to other women who wish to enter the political realm.

Ms Charlton asked what role does

a mentor play for women entering politics? Mentorship is a key tool in helping to address the gender imbalance in politics and parliaments.

Female mentors allow women to recognize themselves as potential candidates. As well, mentors provide much-needed guidance to women who are considering pursuing public office.

Governments can provide mentorship programs that serve to support women who may have political aspirations by building their leadership capacity, boosting their confidence and assertiveness, and helping them overcome the cultural stereotypes that limit their public roles.

She said there is a real opportunity for the CPA and its member states to work together to ensure women’s equal political participation is a central aspect of the post-2015 development agenda, and to consider mentorship programs as a key step forward for women interested in politics.

At the end of the discussions the session moderator, the Rt Hon. Rebecca Kadaga MP, Speaker of the Parliament of Uganda and Chairperson of the CWP, put forward the recommendations proposed by the discussion leaders which were all unanimously approved by the workshop.

Recommendations Recommendation One “Despite socio-cultural beliefs and patriarchy, Cameroon’s significant increase in female political representation makes a case for further legislation. Sustained progress, however, depends on capacity building.”

Recommendation Two: “We have been speaking about getting more women in Parliament for many years. We now have to propose new, unique strategies to realize our goals.”

Recommendation Three “That the CPA and member states establish mentorship programmes to provide support and guidance to women aspiring to run for political office at the municipal, provincial and national level.”

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SBC1 - THE CHALLENGES OF SMALL STATES

60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon 34th Small Branches Conference: 1st Plenary 5 October 2014

THE CHALLENGES OF SMALL STATES: VULNERABILITIES IN THEIR QUEST FOR SOCIAL AND ECONOMIC DEVELOPMENT

Moderator: Mr David Cretney MHK (Isle of Man) Discussion Leader: Hon. Christine Scipio O’Dean (St Helena)

Summary Delegates agreed that education had immense benefits for the community, not only by providing citizens with the opportunity to obtain better employment and thereby lift the overall economic prosperity of their country but also by improving the health and social engagement of citizens. The conference nevertheless recognized that a purely academic education was not suitable for everyone and, if small states concentrated solely on providing academic education at the expense of vocational training, this would not always meet the needs of the community. In order to encourage people, particularly young people, to take up vocational training and apprenticeships it was nevertheless necessary to value more highly

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those who worked in lower-paid employment whose contribution to society needed to be seen as equally important as those with university degrees or similar academic qualifications. At the conclusion of the session delegates unanimously endorsed the recommendation that “Education is fundamental to improving small states resilience to improve social and economic outcomes that will be central to all policy decisions”.

Discussion Hon. Christine Scipio O’Dean (St Helena) stated that it was vital for small states to improve the capability of their local workforce with key skills and confidence as this would in turn lead to the generation of increased revenues for social spending.

The benefits of education were wide-ranging, and micro-economic research had shown that for every extra year spent in school a person’s earnings could increase by 10%.

Macro-economic research also showed that nations with higher educational standards had an increased GDP – with the OECD Growth Project estimating that the long-term effect on output of one additional year of education in the adult population was between 3% and 6%. A country able to attain literacy scores that were 1% higher than the international average could achieve levels of labour productivity and GDP per capita that were 2.5% and 1.5% higher respectively than those of other countries.

Hon. Scipio O’Dean stated that better lifelong learning also linked

SBC1 - THE CHALLENGES OF SMALL STATES to better health. This came about in two ways. There were indirect effects such as those affected by greater spending power and by the intergenerational effects of educated parents on the health of their children.

There were also more direct effects such as greater self-esteem, changes in individual competencies and abilities and changes in attitude to risk. A UK study had showed that increasing basic levels of education in 40 year-old females would reduce the risk of depression by some 4% and lead to an annual saving in expenditure of some £200 million.

Education also linked to civic and social engagement by providing the knowledge and experience that facilitated this engagement and by developing competencies that helped people to apply, contribute and develop their knowledge and engagement. Education cultivated values, attitudes and beliefs that encouraged civic and social engagement and increased social status that enabled involvement in forms of engagement that were related to a person’s relative position in the social pyramid.

Hon. Scipio O’Dean concluded her presentation by stating that, in view of the significant number of positive impacts of education across all aspects of the communities

represented at the Small Branches Conference, including better social and economic outcomes, it was important for policy makers to have education at the core of all decisions and to ensure that adequate investment was made in education both now and in the future. She explained that in her own island efforts were being made to raise educational standards so that citizens could obtain better academic qualifications to address future economic challenges facing the community.

In the discussion that followed the discussion leader’s presentation, delegates set out a range of views on the importance of education in their small states. Hon. Barry Elsby MLA (Falkland Islands) concurred with the view expressed by Hon. Scipio O’Dean that education was not only important for learning formal skills but also had many other benefits. For example one of the greatest health risks facing many western societies was the problem of obesity caused by bad diet and there was strong evidence that health was linked to wealth. Education was therefore a tool not only to improve academic ability but also to improve health.

Hon. Elsby further explained that in the Falkland Islands there was a growing realization that, although a

Hon. Alix Boyd Knights (Dominica)

Mrs Melissa Ward MLA (Norfolk Island)

significant amount of money had been committed to sending students overseas for higher education, university education was not suitable for everyone and more emphasis needed to be given to vocational training so that local residents could take up trades such as carpentry.

Deputy Sandra James (Guernsey) agreed that an academic education was not suitable for everyone and there was a need to give greater value to apprenticeships and vocational courses. There was a risk in a small community such as Guernsey, with a population of some 60,000, that well-qualified local people did not want to take up lower-paid jobs and this could affect the profile of the population and lead to unemployment, particularly among young people. In the past options for young women been limited but this was no longer the case, although this change nevertheless meant that those who had followed a purely academic route were no longer interested in employment in jobs such as nursing where pay was traditionally lower than in other sectors.

Dr Chris Bourke MLA (Australian Capital Territory) pointed out that small states, because of their small size, had the strategic advantage of being able to react more quickly to challenges that arose. He

quoted the example of a federal government review of education in Australia that had made a number of recommendations about how funding should be allocated to areas of need.

Dr Bourke informed delegates that in the Australian Capital Territory the Minister for Education was able to convene meetings with all relevant stakeholders within two weeks to respond to the federal review.

This ability for a small jurisdiction to respond swiftly was a significant strategic advantage.

Hon. Juan Watterson MHK (Isle of Man) explained that the debate between the need for academic education as opposed to vocational education was also on-going in the Isle of Man. The Isle of Man invested a significant amount to send Manx students to university in the United Kingdom and approximately one ninth of the island’s budget was used for this purpose. This was on the basis that these students would be able to return to the Isle of Man and obtain well-paid employment and thereby make a greater contribution to revenues. There was nevertheless concern in the Isle of Man that the emphasis on purely academic education was leading to a situation where young people no longer wanted to take up lower-paid employment and, although the overall

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SBC1 - THE CHALLENGES OF SMALL STATES unemployment rate in the Isle of Man was extremely low at 2%, the rate among young people was some 8% .

Hon. Curtis Martin (St. Christopher and Nevis) concurred that many people no longer wanted to undertake manual trades, such as being a mechanic, as they felt that they could attain a better life by pursuing an academic qualification, even though this was an expensive option. In his view society needed to give greater value to jobs that did not require a degree or other such qualification as not everyone could aspire to being a lawyer or a doctor.

The importance of ensuring that all members of the population felt able to participate in society and the development of the economy was stressed by Deputy James Reed (Jersey). He expressed the view that although education was important it would not, in itself, mean that small jurisdictions could avoid the need for some immigration ,which he saw as a positive thing as it could lead to a diverse and cosmopolitan society and encourage social and economic

Rt. Hon. Abdulla Maseeh Mohamed (Maldives) development. Deputy Reed stressed that it was important to ensure that all members of the population felt part of the community and as the population aged and the number of older people increased it was important to consider how all members of the community could be encouraged to realize that they had a contribution to make. Older people could, for example, make a huge contribution in voluntary sectors.

Deputy Francis Quin (Guernsey) explained that he was Deputy

Minister in the Home Department in Guernsey and that this department had recognized some time ago that many young people in prison had a very poor level of education and some could not even read and write properly. This meant that on release from prison they were unable to find employment and often ended up back in the criminal justice system.

In order to address this issue a programme of education for prisoners had been established in cooperation with the neighbouring island of Jersey. This had been of huge benefit.

Practical skills such as carpentry were also being taught in prison and this had had a very positive impact and enabled prisoners to obtain employment on their release. Deputy Quin considered that although there was a lot of emphasis on university education many courses were of limited use . Society may have let down some young people by not providing them with the education they needed and deserved.

Hon. Phyllis Rendell MLA (Falkland Islands) stated that

Hon. Phyllis Mary Rendell MLA and Hon. Barry Elsby MLA (both Falkland Islands)

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entrepreneurial skills were extremely important for young people, and others, if economies were to develop. In modern society it was often necessary for people to change jobs more frequently than in the past and, as a result, entrepreneurial skills were extremely important to grow the economy.

The Very Rev. Robert Key (Jersey) stated that, in addition to ensuring that the economy operated well, there was a need for society to give much greater value to jobs that did not require a high level of academic qualifications. This meant in part that wages for these jobs should be increased but, just as importantly, the perception of such jobs needed to change. He pointed out that it was often a matter of terminology with, in the past, the word ‘engineer’ being perceived in Britain as someone who might be simply shoveling coal on a steam train, whereas in Germany the term had always been perceived as describing a very important role.

In his option all members of society, whatever their role, were important

SBC1 - THE CHALLENGES OF SMALL STATES and needed to be seen as being of equal standing not only in the eyes of God but also by the community.

Mr. William Bailhache (Jersey) pointed out that in the island of Jersey the size of the population was always a matter of debate, was it too large, too small or about right? He felt that it was important to take the view that a full range of educational opportunities was needed and a society did not, for example, need everyone to be lawyers. There was a requirement to assess the needs of any community and ensure that the education provided met those needs. It was then equally important to respect all members of society whatever employment they undertook. This was hopefully easier in small states such as those represented at the conference where people were more likely to know each other and where respect for everyone could therefore be more easily achieved.

The session Moderator, Mr David Cretney MHK (Isle of Man), thanked all those who had participated and

invited the delegates to consider the recommendation put forward by Hon. Scipio O’Dean.

Recommendation The following recommendation was unanimously endorsed: “Education is fundamental to improving small states resilience to improve social and economic outcomes that will be central to all policy decisions.”.

Chairperson of Small Branches The 34th Small Branches Conference was scheduled to take place from 4-5 October.

Unfortunately, the first day’s proceedings were adjourned due to the sad news of the passing of Dr William F. Shija, Secretary-General of the CPA. This news arrived minutes before the Opening Ceremony and, following an emergency meeting of the Coordinating Committee, a decision was made to adjourn that day’s proceedings out of respect for Dr Shija.

It was decided that the programme would be amended and Day 2, 5 October 2014 would have the Opening Ceremony and three shortened sessions.

The first of these sessions was a discussion session entitled: Strengthening of Small Branches – Establishment of the Role of Small Branches Chairperson The members discussed the issue following the decision of the Executive Committee made in London, United Kingdom (2014), to continue consultation on the matter.

Members were informed that a discussion paper had been circulated to all Small Branches and a request was made to those Branches not attending the 34th Small Branches Conference to make written submissions.

The Conference also received oral submissions from Rt Hon. Sir Alan Haselhurst, Chairperson of the CPA Executive Committee, who had originally introduced the Recommendation and Hon. Alix Boyd

Knights, Speaker of Dominica.

Some of the issues raised included cost effectiveness and whether or not there was a viable alternative. The point was raised, that there was already representation from Small Branches on the Executive Committee and that a Chairperson for Small Branches could be identified and rotated from amongst these individuals.

Members discussed these options and emphasised that Small Branches were a uniquely identifiable group, with distinctive concerns.The importance of having a representative for this particular group on the Executive Committee was highligted, taking into account that Small Branches amount to more than 24% of all the CPA. Recommendation It was unanimously agreed that the recommendation from the 34th Small Branches Conference is to: Establish the role of Chairperson of Small Branches.

Discussions continue

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SBC2 - PROVIDING FOR THE MOST VULNERABLE

60th COMMONWEALTH PARLIAMENTARY CONFERENCE Yaoundé, Cameroon 34th Small Branches Conference: 2nd Plenary 5 October 2014

WHAT IS THE ROLE OF PARLIAMENT IN PROVIDING FOR THE MOST VULNERABLE IN SOCIETY?

Chairperson: Hon. Curtis Martin (St Kitts and Nevis) Discussion Leaders: Very Rev. Bob Key (Jersey), Hon. Juan Watterson (Isle of Man), Hon. Samatha Sacramento (Gibraltar), Mr Charles Chauvel (United Nations Development Programme)

Summary Delegates in the second plenary session of the Small Branches Conference discussed the topic of what is the role of Parliament in providing for the most vulnerable in society.

Discussion leaders from Jersey, Isle of Man, Gibraltar and the United Nations Development Program (UNDP) shared their experiences from their legislatures and organisations. Leaders suggested various ways that legislators can take with regard to vulnerable people.

The importance of both a commitment to transformation and an understanding of what changes were needed to help the vulnerable were important. Partnerships outside of government, with NGOs and broader civil society, were also seen as vital.

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Small juristictions could be seen as having the advantage that it should be possible to know where vulnerable people were.

The need for tangible solutions

Hon. Juan Watterson (Isle of Man)

was emphasized,. Parliamentarians could also scrutinize budgets allocated to deal with vulnerable people, and use international commitments (for example, treaties) as a basis for national legislation.

Delegates agreed that one solution does not fit all legislatures, and that some would need to use different methods.

Parliamentarians have an ability to cajole, influence, have a voice and scrutinise on issues relating to providing for the most vulnerable in society and this should not be underestimated.

Discussion The Very Rev. Bob Key (Jersey) introduced the topic by discussing the various definitions of the word vulnerability. He made the point that,

SBC2 - PROVIDING FOR THE MOST VULNERABLE

Discussion leaders Hon. Samatha Sacramento (Gibraltar) and the Very Rev. Bob Key (left, Jersey) with session Chairman Hon. Curtis Martin ( St Kitts and Nevis)

rather than get bogged down in what the definitions may say, it was fair to say that some people are vulnerable all of their lives, but that most of us are only vulnerable for some part of our lives.

He indicated that there is an urgency are about the topic that was being discussed the conference, and that there was a need for practical outcomes and the time to act was now.

He outlined three steps that need to be taken in relation to taking action with regard to vulnerable people in our society. Firstly, there needed to be a commitment to transformation. This could be done by initially taking small steps. He gave an example of the Jersey cow which was the cow that provided the highest milk yields. If that cow was able to be mated with a cow in say, Rwanda, it would increase by tenfold the milk yields in that country where milk is badly needed. He used that example to indicate that if you are small you can still do something.

Secondly if you have an understanding of transformation that

can greatly assist vulnerable people.

To be able to understand vulnerable people you need to make sure that you listen to their needs.

Thirdly, if you are committed to and understand vulnerable people, there needs to be a partnership or a desire to be in a partnership. He noted that NGOs were often better placed to be partners of government to assist the vulnerable in society.

The Hon. Juan Waterson (Isle of Man) pointed out that in the Commonwealth there is a wide variety of vulnerability to be observed, but for individual MPs what they see and encounter the most is vulnerability at a personal level.

He suggested in his presentation that there are three ways that parliament can deal with vulnerable people in their societies. Firstly, in small jurisdictions, it should be possible to know where vulnerable people are.

However, to make sure that you do know where they are it would be advantageous to undertake a joint strategic needs assessment to find out where the key vulnerabilities lie.

Secondly it pays to work across elements to ensure that a solution can be provided to an individual in need.

And thirdly there is a need to provide leadership and representation to vulnerable people. This can be done in a number of ways – by giving the issue air time, by ensuring that policy settings are correct, by maintain an awareness of the issue and by ensuring that sufficient funds are committed.

He concluded by stating that parliamentarians must not leave the vulnerable without a voice.

The Hon. Samantha Sacramento (Gibraltar) said that any solutions to the problem identified must be tangible. Alongside this, there was a need for each jurisdiction to look at how they operated and to see what needs to be done. This may necessitate a stocktake of what is being done for the vulnerable in a society. This could be done by asking - who is vulnerable and what do they need?

She advised that it is not just about legislating to deal with the problem.

Legislating is not the be all and end all to help vulnerable people. Parliaments need to work in partnerships with NGOs and civil society. They also need to look at health care and support services, as well as ensuring that there is a watchdog over the provision of those services.

Importantly effective social inclusion policies are needed, as well as better dialogue between government and providers. She concluded by pointing out that small, jurisdictions should mean that it is easier that vulnerable people don’t slip through the cracks.

Mr Charles Chauvel (UNDP) spoke about the need for Parliament, as an institution, to attend to the diverse voices of society. He outlined that Parliament provides the framework for representation of society, including the vulnerable. He pointed out that there are two groups that traditionally have not had high levels of representation in Parliaments - women and indigenous people.

A number of tables were presented which showed that

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SBC2 - PROVIDING FOR THE MOST VULNERABLE the world average of women in Parliament in 2014 was 14%, with Pacific and Arab nations having the lowest number.

He noted that, as representatives of the people, parliamentarians can speak on behalf of the poor and vulnerable. They can also scrutinize the budget that is allocated to deal with vulnerable people. He noted that a strong legislature ensures that vulnerable voices are heard. He then gave a number of example of legislation that had recently been passed in New Zealand (Vulnerable Children Act 2014) which sought to

address the issue of vulnerable children.

He pointed to good practices in several countries (Sierra Leone, Benin, Burkina Faso, Ghana, Guinea, Bissau, Liberia and Nigeria) regarding the treatment of women, as well as good practices in other countries (Congo and the Philippines) in relation to indigenous peoples. He also pointed to good practices in Mongolia, NZ, South Africa and Switzerland that had been adopted to deal with people with HIV. He reminded delegates that Parliaments can use international commitments (e.g. treaties) to put in place national legislation.

Dr Chris Bourke MLA (Australian Capital Territory) challenged the thrust of some of the recommendations that were being discussed in the plenary.

He noted often these measures being discussed to deal with the vulnerable in society were being done by government, not Parliament.

He noted that parties have a role in play in ensuring that women and indigeneous members were preselected, and he cited some examples from his jurisdiction which meant that more women were elected to Parliament.

Another speaker pointed out that

CPA Executive Committee, Small Branches, members and Parliamentary officials

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often it depends on which party is in government and what they have in their manifesto about vulnerable people. He gave some examples from Malta about policies of the governing party which resulted in an increased percentage of disabled workers being employed and the the rights of gays following the passage of civil unions legislation.

The Hon. Samantha Sacremento (Gilbraltar) responded by reminding delegates that, although in some cases it does depend of governments to have policies that assist the vulnerable, it is up to the legislature

SBC2 - PROVIDING FOR THE MOST VULNERABLE to pass any laws in relation to those government policies.

Hon Juan Watterson (Isle of Man) queried whether the recommendation proposed by Mr Chauvel dealt sufficiently with those legislatures that did not have parties.

Mr Chauvel responded by agreeing that one size does not fit all legislatures, and that there may need to be different solutions for smaller legislatures with no party representation. However, he noted that it did not obviate legislatures in looking at the question of representation of women and other

under-represented groups. He also responded to the point raised by Dr Bourke by suggesting that one should just focus on the legislative function with dealing with this issue, but that parliamentarians have the ability to cajole, influence, and have a voice on these matters, and the ability of members to use the scrutiny function to highlight issues should not be underestimated.

Hon. Barry Elsby (Falkland Islands) and Mr William Bailhache (Jersey) both made concluding comments giving examples from their jurisdictions that showed practical

ways to assist vulnerable people in other jurisdictions as well as within your own jurisdiction even when you don’t realise that there may be any vulnerable people in existence.

Recommendations All four recommendations were endorsed by the meeting.

Recommendation One: “Parliaments and governments should work together with civil society and faith groups to transform the lives and opportunities of the most vulnerable people in society’.”

Recommendation Two:

“That all Parliamentarians, government or opposition, accept their responsibility for providing recommendations to support the vulnerable in society.”

RecommendationThree: “‘It is the duty and responsibility of all parliaments to legislate to ensure effective social protection in particular of the most vulnerable.”

Recommendation Four: “As a key aspect of their duty of representation, Parliaments should have regard to the particular importance of dismantling entrenched patterns of inequality.”

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CPA SHOP CPA pens

Silver-plated photoframe, clock and pen in holder

CPA silver-plated cardholders

CPA souvenirs are available for sale to Members and officials of Commonwealth Parliaments and Legislatures by contacting the CPA Secretariat by email at: hq.sec@cpahq.org or by air mail at: Suite 700, 7 Millbank, London SW1P 3JA, United Kingdom

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Parliamentary Report

NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS AUSTRALIA: Minerals Resource Rent Tax Repeal and Other Measures Act 2014 Page 296

INDIA: The Securities Law (Amendment) Act, 2014 Page 301

ATTACK ON PARLIAMENT Former Prime Minister Gough Whitlam Dies at the age of 98

Page 292

FIRST BUDGET SESSION OF THE 16TH LOK SABHA

NEW ZEALAND GENERAL ELECTION: FINAL RESULTS

Page 298

Page 305

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PARLIAMENTARY REPORT

CANADA

ATTACK ON PARLIAMENT

On the morning of 22 October, a lone gunman carried out a brazen terrorist attack on the Parliament of Canada in Ottawa.

After murdering a soldier standing guard at the nearby National War Memorial, the gunman made his way to Parliament Hill, where he hijacked a car and drove the short distance to the Centre Block, which houses the Senate and House of Commons chambers.

He then overpowered a guard and ran down the central Hall of Honour, past committee rooms filled with MPs holding their weekly caucus meetings.

In front of the doors to the Library of Parliament, he was confronted by armed security personnel, including the House of Commons Sergeant-at-Arms, Kevin Vickers, and was gunned down in a hail of bullets. Hearing the gunfire, MPs barricaded themselves in their committee rooms, fearing the worst.

Security personnel quickly secured the Parliament Buildings and instituted a lockdown in much of downtown Ottawa. Concerned the gunman might have accomplices, they searched the area before lifting the lockdown in the evening.

The attack in Ottawa came two days after another terroristinspired attack on members of the Canadian Forces in SaintJean-sur-Richelieu, Québec, in which one soldier died.

When Parliament resumed the morning after the attack, Prime Minister the Rt Hon. 292 | The Parliamentarian | 2014: Issue Four

Hon. Andrew Scheer, MP

Stephen Harper, MP, the Leader of the Opposition, Hon. Thomas Mulcair, MP, Liberal Party leader Justin Trudeau, MP, and the leaders of the smaller parties in the House made statements thanking the Sergeant-at-Arms, offered their prayers to the family and friends of the victims and pledging to uphold the values that make Canada strong.

Following the attack, the Speaker of the House of Commons, Hon. Andrew Scheer, MP, ordered a review of security on Parliament Hill, responsibility for which is shared by the security services of the Senate and the House of Commons, the Royal Canadian Mounted Police and the City of Ottawa Police. Meanwhile, new security measures were in place when the grounds of Parliament Hill re-opened to the public two days after the attack.

Debates on situation in Iraq Earlier in the Fall sitting, the House of Commons debated the conflict in Iraq and Canada’s involvement in it.

On 16 September, the House of Commons held an emergency debate on the situation in Iraq.

Members debated Canada’s role in the fight against the Islamic State of Iraq and the Levant (ISIL) terrorist group.

Earlier in the month, Foreign Affairs Minister Hon. John Baird, MP announced $15 million in support for security measures in Iraq. The day before the debate, Hon. Rob Nicholson, MP, Minister of National Defence, announced that military supplies would be airlifted to Iraq. As well, Hon. Christian Paradis, MP, Minister of International Development and La Francophonie, announced $12 million in humanitarian assistance.

On 3 October, Prime Minister Harper announced that Canada would join its allies in launching air strikes against ISIL. While the decision to deploy Canadian Forces rests with the government, on 6 and 7 October the House of Commons debated a government motion to “support the Government’s decision to contribute Canadian military assets to the fight against ISIL, and terrorists allied with ISIL, including air strike capability for a period of up to six months….”

The opposition parties disagreed with the government.

Opposition Leader Mulcair said that instead of military force, Canada should use “diplomatic, humanitarian and financial resources” to respond to the crisis.

Marc Garneau, MP, the

CANADA Liberal Party foreign affairs critic, argued that the Prime Minister had not made a clear case for using military force and that Canada could play a non-combat role. Ultimately, however, the motion passed.

Emergency debate on the Ebola outbreak On 15 September, the day Parliament resumed after the summer adjournment, the House of Commons held an emergency debate on the Ebola outbreak in West Africa. In addition to talking about the impact the disease is having in countries such as Sierra Leone and Liberia, a number of MPs talked about the anguish of people in their constituencies who have relatives in those countries.

In her intervention, Hon. Rona Ambrose, MP, Minister of Health, said that while the risk to Canadians from Ebola is very low, Canada is supporting the efforts of partners such as Médecins Sans Frontières/Doctors Without Borders and the World Health Organization. She also noted that Canada provided a mobile lab to Sierra Leone and donated an experimental vaccine.

Debate on violence against Indigenous women On 19 September, the opposition New Democratic Party (NDP) used a procedural manoeuvre to force a debate on concurrence in the report of the Special Committee on Violence against Indigenous Women. The report studied the issues related to disappearance or murder since 1980 of over 1,100 Indigenous (also known as Aboriginal) women.

Romeo Saganash, MP, who grew up in an Aboriginal community in northern Québec, led off the debate with the moving story of his brother Jonish, who died while attending residential school. Forty years passed before his family found out where he

was buried and was able to have closure. Mr. Saganash called for a national inquiry into missing and murdered Indigenous women in order to provide this kind of closure for their families.

Hon. Leona Aglukkaq, MP, Minister of the Environment, Minister of the Canadian Northern Economic Development Agency and Minister for the Arctic Council, shared her experiences as an Aboriginal woman, and described the legislative measures the government has taken to protect women from domestic violence. Susan Truppe, MP, the Parliamentary Secretary for Status of Women, talked about the government’s Action Plan to Address Family Violence and Violent Crimes against Aboriginal Women and Girls, which she said focuses on “preventing violence, supporting victims, and protecting Aboriginal women and girls from violence.”

Legislation As reported in previous issues, the Supreme Court of Canada gave Parliament until December 2014 to come up with new prostitution laws. Accordingly, in June, Hon. Peter MacKay, MP, Minister of Justice, introduced Bill C-36, the Protection of Communities and Exploited Persons Act, which, among other things, would criminalize the purchase of sexual services. In July, the House of Commons Committee on Justice and Human Rights held hearings and on 15 September reported the bill to the House with amendments. The House of Commons passed the bill on 6 October.

On 27 October, Hon. Steven Blaney, MP, Minister of Public Safety and Emergency Preparedness, tabled Bill C-44, the Protection of Canada from Terrorists Act. The bill, which was prepared prior to the terrorist attack of 22 October, would authorize the Canadian

Security Intelligence Service to investigate threats outside of Canada and give greater protection to its sources.

The Speaker’s role in Question Period On 24 September, Speaker Scheer reminded members that during Question Period it is not the Speaker’s role to intervene on whether a response to a question is an answer or not. This was in reply to remarks made the previous day by Opposition Leader Mulcair, who questioned the Speaker’s neutrality when he did not rule on the relevance, or lack thereof, of responses to Mr. Mulcair’s questions. In his statement, Speaker Scheer referred to earlier rulings on the matter and said that unless directed otherwise by the House he would continue the practice of not intervening. At the same time, he reminded the House “that Canadians expect members to elevate the tone and substance of question period exchanges.”

After the Speaker clarified his role in Question Period, the NDP introduced a motion to amend the Standing Orders to allow the Speaker to discipline a member “who persists in irrelevance, or repetition, including during responses to oral questions.”

The motion was defeated, however.

Address by Ukrainian President Petro Poroshenko On 17 September, His Excellency Petro Poroshenko, President of Ukraine, addressed a joint session of the Houses of Parliament.

He paid tribute to Canada’s large Ukrainian community and to the many Parliamentarians and politicians of Ukrainian descent. He thanked Canadian Parliamentarians for their support of Ukrainian democracy and freedom. He looked forward to end the current crisis and talked about future cooperation between Canada and the Ukraine.

Honorary Canadian Citizen In October, the Parliament of Canada bestowed the title of ‘honourary Canadian citizen’ on Malala Yousafzai, who, despite an attempt on her life, has made extraordinary efforts to advocate for education for all. Though only 17 years old, she was awarded the Nobel Peace Prize.

Resignation On 17 September, Hon. Rob Merrifield, MP, the Conservative Member for Yellowhead, Alberta, resigned to become Alberta’s senior representative in Washington, D.C. He had been an MP for 14 years.

New Brunswick election Voters in the province of New Brunswick elected a new Legislative Assembly on 22 September. This was the second election held on a fixed day – the fourth Monday in September every four years. At dissolution the Progressive Conservatives (PCs) held 41 seats, the Liberals 13 and there was one independent.

Premier Hon. David Alward, MLA, ran on a platform that stressed the importance of developing natural resources, including shale gas. Liberal Party leader Brian Gallant, MLA, emphasized infrastructure spending and promised a moratorium on drilling for shale gas until further studies are done on the environmental risks.

The NDP promised efficient government, the end to corporate grants and further study of the shale gas industry to ensure that it is safe and profitable.

On election night, which was marred by technical difficulties in the vote counting, the Liberal Party won with 27 seats, the PCs took 21 and the Green Party won its first seat ever. The NDP was once again shut out; it has not held a seat in the Legislative Assembly since the 2006 election.

Following the election, Mr. Alward resigned as PC leader.

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AUSTRALIA

FORMER PRIME MINISTER GOUGH WHITLAM DIES AT THE AGE OF 98 Australia’s Prime Minister Gough Whitlam (left) meets US President Richard Nixon in the Oval Office in June 1973

© Richard Nixon Presidential Library and Archives

On 21 October former Australian Prime Minister the Hon. Edward Gough Whitlam died at the age of 98. In a mark of respect, all Senate Estimates Committees which were scheduled to meet that day were adjourned. The House of Representatives met at 12noon at which time the Prime Minister, the Hon. Tony Abbott, MP moved a condolence motion. Members from both sides spoke to the motion and at 2.45pm the House adjourned as a mark of respect.

Mr Whitlam was first elected as the Member for Werriwa in 1952.

In 1972 he became Australia’s first Labor Prime Minister in 23 years. He would govern for three years and introduce a range of policy reforms which still shape Australia today. In particular, he abolished fees for tertiary education, introduced Medibank – a form of public health insurance – which would later be the forerunner of Australia’s much lauded Medicare system, and he commenced land rights reform for indigenous Australians. In the area of defence and foreign policy he abolished military conscription, negotiated diplomatic ties with China, and cut ties with the government of South Africa.

However, in the final year of his government, Whitlam was damaged by a series of scandals, resignations, ministerial reshuffles and increasing pressure on the economy arising from the oil shock of 1974 which led to rising inflation and unemployment. The Liberal/National coalition led by the then Opposition Leader, the Hon. Malcolm Fraser, MP, played a

high-risk game by deciding to use their Senate numbers to block the government’s supply bills in an attempt to make Whitlam call an early election. The Prime Minister refused to do so, declaring that it was unconstitutional for the Senate to decide who should hold government. This deadlock between the government and opposition continued until 11

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November 1975 when the then Governor-General Sir John Kerr, in a highly controversial act, used ‘reserve powers’ in the Constitution to dismiss the government.

The Governor-General then installed Mr Fraser as a caretaker Prime Minister who immediately called an election which he went on to win.

The ‘dismissal’ was and remains a constitutional turning point in Australian history.

There is still wide debate about the appropriateness of the intervention by the then GovernorGeneral.

Mr Abbott, in moving his condolence motion, commented, “in every sense, Gough Whitlam was a giant figure in this

AUSTRALIA Parliament and in our public life.

He was only Prime Minister for three years – three tumultuous years – but those years changed our nation and, in one way or another, set the tone for so much that has followed.

“Whether you were for him or against him, it was his vision that drove our politics then and which still echoes through our public life four decades on.

“He was a gifted student. He saw war service in the Royal Australian Air Force. He was a brilliant young barrister before entering Parliament in 1952. He became Leader of the Opposition and helped to establish his credentials by courageously reforming aspects of his party organisation.

“He may not have been our greatest Prime Minister, but he was certainly one of the greatest personalities that our country has ever produced. And no Prime Minister has been more mythologised.”

Mr Abbott concluded that, “in person, it was hard to disagree with and impossible to dislike such a man, however much one might question his policies. Of course, throughout his public life he was supported by Margaret – herself a formidable personality and a gracious adornment to our national life.

“Gough Whitlam is gone but not forgotten. He will never be forgotten. His was a life full of purpose – proof, if proof were

Hon. Tony Abbot, MP

needed, that individuals do matter and can make a lasting difference to the country they love.”

The Leader of the Opposition, the Hon. Bill Shorten, MP, commented that “the Hon. Edward Gough Whitlam AC, QC means a lot to the story of our

Hon. Bill Shorten, MP

country and the story of modern Australia, our home.

“Gough’s was a truly Australian life and a life lived truly for Australia. In uniform or in Parliament, in the Prime Ministership or around the world, Gough Whitlam was a man for the ages and a giant of his time.

“No one who lived through the Whitlam era will ever forget it and perhaps nobody born after it can ever imagine it. Gough’s ambition went beyond his desire to serve our nation. He wanted to transform it completely, permanently, and he did.”

Mr Shorten, in commenting on his policy contribution, noted, “Gough Whitlam spent his political life reaching for higher ground. Think of all that he changed, forever and for the better.

“Healthcare changed because of him. Education changed because of him. Land rights for Aboriginal Australians changed because of him. Our place in Asia changed – particularly our relationship with China – changed because of him; our troops [came] home from Vietnam. The birthday ballot ended because of him.

“The death penalty was abolished and discrimination were banished from our laws because of him. No-fault divorce in the family court [began] because of him. Our suburbs [became]f or the first time at the centre of our national debate because of him.

“Everywhere we look in our remarkable modern country, we see the hand and work of Whitlam. The program lives on.”

The Hon. Malcolm Turnbull, MP, talked about some of the times he spent with Mr Whitlam.

Mr Turnbull recalled that ‘there has been a lot of discussion about Gough’s regard for the great beyond. Gough is resolving his relationship with God as we speak, no doubt, but he was always very entertaining about those issues of the divine. I remember 25 years ago, when I was in business with his son Nicholas. Nicholas and Judy brought Gough and Margaret up to visit us at the farm in the Hunter Valley that I had inherited from my father some years before.

Hon. Malcolm Turnbull, MP

“Unfortunately, a fog had descended on this particular part of the country and you could not see anything. It was just white everywhere you looked; it was like being in a white cloud.

“I said to Gough, ‘I’m really sorry. It’s a nice view here but you can’t see any of it.’ He said, ‘Oh, don’t be concerned. I’m completely at home. It’s just like Olympus.’”

In the Senate a condolence motion was debated on 27 October. Senator the Hon. John Faulkner a longstanding friend and supporter commented that “We are all here today to honour the memory, celebrate the achievements and mourn the loss of a giant on the Australian political stage – a giant both metaphorically and literally.

“For Australians, he was the Prime Minister who inspired and transformed the nation. For the Labor Party, he was the leader who reformed and modernised our party, encouraged and energised the faithful, and delivered both election victories and sweeping progressive reforms.

“For me, he was, first, an inspiration, then a mentor and, finally, a friend. For me, his death is a personal loss.”

Senator Faulkner noted, “Gough did not depart politics in 1978 when he departed this Parliament. If anything, he was more influential by way of example and encouragement.

He was living evidence that being involved could make a difference.

“For a generation, Gough was the elder statesman of our nation – tirelessly and enthusiastically working for the great causes he set out in that famous 1972 campaign launch speech: ‘to promote equality, to involve the people of Australia in the decision-making processes of our land, and to liberate the talents and uplift the horizons of the Australian people.’”

In relation to Mr Whitlam’s wife Margaret, Senator Faulkner commented: “We have been reminded, too, of the young bridegroom, arm-in-arm with his new wife, Margaret, who would be for the rest of her life his partner, his companion, his support and, when called for, his critic.

“She shared his pre-selection battles, his campaigns and his causes, through both good times and bad. She raised their

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children, often in solitude while Gough attended to public duties elsewhere.

“Margaret was always at Gough’s side; she was never in his shadow. She accomplished an extraordinary balancing act as a private citizen in a very public role, and did so with such good humour and graciousness that

AUSTRALIA she earned an enduring place in the hearts of the nation. They were married for nearly 70 years.

They were, in every respect, partners and equals.”

In relation to Mr Whitlam’s dismissal, Senator Faulkner stated that “blatant disregard for the conventions of casual vacancies saw conservative

Premiers turn a closely balanced Senate into a hostile one. Supply was blocked in the Senate. On 11 November 1975, the Whitlam government was dismissed. The elected Prime Minister of our nation had been deceived and then ambushed by the GovernorGeneral he appointed. In the ensuing election, the Labor Party

was routed.”

Senator Faulkner concluded that “he was a great Australian, in every way. I have known none greater. I will always remember, and always strive to emulate, his unflagging, tireless commitment to the causes and the values which we shared. I know I will never cease to miss his advice,

THIRD READING: AUSTRALIA Minerals Resource Rent Tax Repeal and Other Measures Act 2014 On 5 September the Minerals Resource Rent Tax Repeal and Other Measures Act 2014 was assented to. The government had tried twice before to repeal the minerals resource rent tax (MRRT) legislation but it could not agree to Senate amendments. The Parliamentary Secretary to the Treasurer, the Hon. Steven Ciobo, MP, commented, “the 2013 Minerals Resource Rent Tax Bill has been twice introduced into this Parliament. It was first negatived by the Senate on 25 March this year. The bill was introduced a second time on 23 June and on 17 July the Senate passed three amendments to the bill that the House disagreed to when the bill was returned.’”

Mr Ciobo stated in relation to the second bill that it, “is being laid aside because it cannot be progressed in its current form. In particular, the Government cannot accept the three Senate amendments to the bill to retain in full the lowincome superannuation contribution, the income support bonus and the schoolkids bonus. These measures were to be funded by the proceeds of the mining tax. As we now know, the failure of the mining tax to return any meaningful revenue meant the former government had to borrow money to pay for these unsustainable commitments. Retaining these three measures add a further $9.6 billion to the nation’s deficit over the forward estimates. We will, therefore, maintain our aim of repealing the mining tax and the measures it was supposed to fund. We will set aside the 2013 Minerals Resource Rent Tax Bill because a vote to retain the savings measures funded by the mining tax is a vote to retain the failed mining tax.”

The government, however, was able to reach

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an agreement with the Palmer United Party (PUP) to scrap the MRRT with the agreement that certain associated compensation would remain.

One of the measures associated with the MRRT was an increase in compulsory superannuation from the current 9.5 per cent to 12 per cent by July 2019. As part of the deal between PUP and the government this increase was deferred to on or after 2025.

Senator Glenn Lazarus, Palmer United Party, commented that ‘the Palmer United Party has always supported the removal of the mining tax, but we would not allow the tax to be removed unless key elements – including the schoolkids bonus, the low income super contribution and the low income support bonus – were retained. Today, Palmer United is grateful that the government has agreed to our insistence that the mining tax be removed while still retaining these important measures.

“This is a win for hardworking Australians across the country including single parents, carers, pensioners, low income earners and others who rely on much needed support to survive.

Many women would have been affected by the removal of these important measures. In fact, of the 3.6 million Australians benefiting from the low income super contribution, 2.1 million are women. Retention of these measures is a win for women and a win for the most vulnerable in our community.’”

Senator the Hon Stephen Conroy, Deputy Leader of the Opposition in the Senate, sought to have the MRRT repeal bill referred to a Senate Committee. In moving the motion, Senator Conroy stated: “I have a whole range of reasons for this motion. Most importantly, however, it is so we can understand what filthy deal has been done.

So far we here in Parliament are learning more

from Tweets than we are from the chamber, the minister involved and the PUP Senators who have once again been mugged and conned by this government.

“This chamber deserves and is entitled to understand exactly what these measures do.

There may have been a few nice cups of tea between Senator Lazarus and Mr Hockey, but that does not suffice as Parliamentary debate. He may have been so willing to give you whatever it is that you think you have got, Senator Lazarus, but it is incumbent upon you to come into this chamber and explain to the Australian public, in more than a two-or three-minute speech, what you think the impacts here are.

“You have to justify and explain to the seven million to eight million Australians receiving superannuation why they are now getting less superannuation because of PUP. PUP needs to explain why that is the case.’”

The Minister for Finance, Senator the Hon. Mathias Cormann stated: “It will not surprise the chamber to hear me say that the government will not support the proposed amendment from the Labor Party. It is just another delaying tactic by the Labor Party in a desperate attempt to keep in place a failed tax which has hurt the economy, which has hurt investment in the mining industry and which has hurt the capacity for Australia to create more jobs so that people across Australia can get ahead.

“This mining tax repeal bill has now been debated for 33½ hours. This is now three hours more than the previous government spent on the whole debate putting the mining tax in place in the first place, with all of the associated measures attached to it.”

Senator Conroy’s motion was defeated and the bill was read a third time.

AUSTRALIA

Sen. the Hon. John Faulkner

his company and his friendship.”

Death of former Clerk of the Senate, Mr Harry Evans On 22 September the Senate paid tribute to former Clerk of the Senate from 1988 to 2009, Harry Evans who died on 7 September. Mr Evans was highly respected by Senators both past and present. He started work in the Parliamentary Library in 1967 moving to the Department of the Senate in 1969.

The Leader of the Government in the Senate, Senator the Hon. Eric Abetz, commented: “I am confident to say that the late Mr Harry Evans would not want a motion of condolence to be moved in this place, but I am equally confident that it is appropriate and right that we do this today, the very first sitting day since the news of his death, because of the singular contribution he made to the institution that is the Australian Senate.

Sen. the Hon. Eric Abetz, MP

“It is a consequence of the relatively high turnover of this chamber that many current honourable Senators would not have worked with former Clerk Evans, but I am sure all will be aware of his authoritative writings and his high public profile, as he saw it, as a protector and defender of the Senate.”

“Clerk Evans was regarded as the doyen of the clerks not only in Australia and the Pacific but also further afield and he was especially highly regarded by the clerks or parliamentary officers of other upper houses in the parliamentary democracies of the world.”

Sen. the Hon. Penny Wong

Leader of the Opposition in the Senate, Senator the Hon. Penny Wong, commented that, “Mr Evans was a peerless administrative leader in his time, a man of great integrity who guided senators in the Senate as he navigated many challenges throughout his career. He was well known as a champion of the rights and legislative powers of our chamber and our parliamentary democracy.

“He recognised the role that the Senate can play as a crucial check in a system where the executive has enormous power, against which the Senate is sometimes the only constitutional safeguard; and he helped the Senate discover ways in which to assert its rightful legislative authority against executive overreach.”

The Clerk of the Senate, Dr. Rosemary Laing, said, “Harry was known – notorious even in some circles – as a defender of the Senate and the rights of individual senators as he worked tirelessly to assist them to perform their constitutional duties.

“He was fearless in emphasising the necessary distinction between the Parliament and the executive, even though that made him unpopular with various governments over the years.”

Senate Supplementary Budget Estimates On 20 October the Finance and Public Administration Legislation Committee began its scrutiny of the Parliamentary departments, excluding the Department of the House of Representatives.

The Department of the Senate was asked questions on administration but also aspects of procedure. On this occasion, the Clerk of the Senate, Dr Laing, was asked about the powers of Senate committees in relation to inquiries into state government administration. On 30 September the Senate established the Select Committee into Certain Aspects of Queensland Government Administration related to Commonwealth Government Affairs.

This is not the first time that the Senate has established committees which seek to examine the administration of state governments. But what these inquiries invariably raise are questions about the powers of Senate committees to compel state government ministers or officials to attend public hearings.

In addressing this point, Dr Laing advised that “This is an untested area, and this is very much the ground that was covered in the Victorian casino licence inquiry, where the committee was advised not to test it, because if there were a decision that set in concrete

actual limits on the Senate powers then that would not be a useful thing for the Senate. The committee – as all committees in this situation have – accepted the advice that it should proceed by way of invitation. In that case a further step was taken, and it was taken on the basis of the way that the House of Representatives and the Senate interact with one another.

“As you would know, the Senate has no power to compel the attendance of a member of the House of Representatives, but there is a procedure that is established that involves the Senate agreeing to send

Dr Rosemary Laing

a message to the House of Representatives asking the House to permit its member to appear before it.

“Only the House concerned has powers over its own members; nobody else does. Its own members, its own officers, its own affairs – they are the business of the house concerned.”

“Just to finish on the Victorian casino select committee: what happened in that case was that the committee came back to the Senate with proposals for messages to be sent to the State Parliament for the houses to permit the attendance of their members, and surprisingly the State Parliament declined.

But that is the proper way that houses communicate with one another and that jurisdictions communicate with one another.”

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INDIA

FIRST BUDGET SESSION OF THE 16TH LOK SABHA Following the General Elections held during April-May 2014, the first Budget Session of the 16th Lok Sabha commenced on 7 July and concluded on 14 August.

It had 27 sittings spread over 166 hours and 56 minutes. The Budget (Railways) and Budget (General) for the year 2014-2015, were presented on 8 and 10 July 2014, respectively.

Railways The House had a lengthy and structured discussion on the Budget (Railways) for 2014-2015.

The debate lasted for 13 hours and 16 minutes during which 243 Members participated. As the Departmentally Related Standing Committees were not constituted, the Demands for Grants (Railways) for 20142015 were voted after a motion regarding suspension of rule 331G was adopted, and the related Appropriation Bill was passed. The Speaker, Lok Sabha Smt. Sumitra Mahajan observed: “Although Rule 331 G of the Rules of Procedure has been suspended to enable the House to pass the Demands for Grants without the same being referred to the Departmentally Related Standing Committee, the Demands would, however, stand referred to the Standing Committee on Railways, after it has been constituted, for examination and report to the House so that the Committee can make suitable recommendations which may be used in the preparation of Demands for Grants for the next year.”

Lok Sabha Speaker Smt. Sumitra Mahajan Demands for Excess Grants and Budget (General) The House also had combined discussion lasting 15 hours and 13 minutes on the Budget (General) for 2014-2015 and Demands for Excess Grants (General) 2011-2012 on 16, 17 and 18 July 2014, before the said Demands were voted and the Appropriation Bill pertaining to Demands for Excess Grants (General) 2011-2012 was passed.

In the case of the General Budget, also, the rule 331G requiring the Demands for Grants to be referred to the Departmentally Related Standing Committees concerned was suspended and the Speaker ruled that the Demands for Grants would stand referred to the Standing Committees, after they were constituted, for examination and report to the House.

During discussion on the Demands for Grants in respect of the Ministry of Water Resources, an MP raised a point that, as the Annual Report and other papers pertaining to the Ministry of Water Resources had not been

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laid on the Table of the House, the Demands for Grants of the Ministry should not be taken up for discussion. The Speaker, thereupon, observed: “Although, there is no rule which bars the discussion on the Demands for Grants of a particular Ministry for want of documents like Annual Report, Outcome Budget or the Detailed Demands for Grants of that Ministry, yet, I am of the view that these documents should be made available to the Members in advance so that they get sufficient time to study them.

I know what has been done in Budget. This thing has happened previously also. Although today details have been provided to you. I would, therefore, urge upon the Government to ensure that in future the Detailed Demands, the Outcome Budgets and also the Annual Reports of the Ministries whose Demands are to be discussed in the House are made available to the Members sufficiently in advance. We will keep this thing in mind for the future. Right now, I know how this procedure has been followed.

This Government has been constituted recently that is why I would like that in future the Government will follow all the procedures.”

Water Resources, Environment, Highways and Social Justice The Demands for Grants for 2014-2015, in respect of the Ministries of Water Resources, Environment and Forests, Road Transport and Highways and

Social Justice and Empowerment were discussed for 13 hours and seven minutes. The Demands of the first three Ministries were voted in full. The Demands of the Ministry of Social Justice and Empowerment and all the other remaining outstanding Demands for Grants in respect of Budget (General) for 2014-2015 were submitted to the vote of the House and voted in full on 23 July, and the related Appropriation Bill was passed. The House also discussed the Finance Bill, 2014, for about six hours before it was passed, to give effect to the financial proposals of the Central Government for 2014-2015.

Disorderly conduct On 9 July, the Speaker expressed her displeasure at the incidence of disorderly conduct on the part of a few Members during the proceedings of the Lok Sabha over the past few days. She said all were very much pained with the ruckus caused in the House.

There might be disagreement with the government on some issues, and some members might be hurt due to certain actions and conduct on the part of the members, but there were several ways in which members could express their views.

Members should not go against the decorum of the House.

People had voted them not to violate laws or rules in the House but to make legislation for the welfare of people and the nation.

It was also incumbent upon the members to conduct themselves in a dignified manner

INDIA in observation of the rules. One must not show placards or raise any slogan in the House. It was not fair and proper to reach the well of the House and to conduct oneself in an undignified manner whether inside or outside the House, directly or indirectly. It was enjoined upon all the members of the House to maintain decorum, dignity and order in the House to abide by the same to uphold the dignity of the House. It was of utmost significance for MPs to abide by the standards of discipline and decency to maintain the decorum of Parliament.

The Speaker requested all the members resolve that they would not enter the well of the House nor would they display placards in the House. She reminded that the whole country watched the members closely as to how they conducted themselves in the House. It was all the more serious issue if members were not inclined to respect even the person sitting in the Chair.

The Speaker urged upon the leaders of all political parties to ask their members to desist from indecent behaviour in the House. She also requested all the leaders as well as the members to cooperate in the smooth functioning of the House.

Deputy Speaker elected Dr Munisamy Thambidurai, an AIADMK member of Lok Sabha was unanimously elected as the Deputy Speaker on 13 August. The Leader of the House and the Prime Minister, Shri Narendra Modi, the leader of the Congress party in Lok Sabha, Shri Mallikarjun Kharge and the leaders of some other parties and groups conducted Dr Thambidurai to the Chair. The leaders of various parties and groups in Lok Sabha felicitated Dr Thambidurai on his election as Deputy Speaker. Congratulating the Deputy Speaker, the Prime Minister said the experience

of Dr Thambidurai as an active member of the House and as a former Deputy Speaker would come in very handy in conducting the business of this House.

The Congress party leader, Shri Mallikarjun Kharge said Dr Thambidurai was a very senior leader and as a former Deputy Speaker had seen the House very closely and understood the functioning of this House very well. Extending her felicitation to Dr Thambidurai, Speaker Smt. Mahajan believed that his election was a befitting tribute to his intellect and longstanding experience with varied contributions throughout his political career. His election to the Office of Deputy Speaker would certainly add to the dignity of the Office. Smt. Sumitra Mahajan was sure that Dr Thambidurai would be able to carve out a niche for himself with his political acumen.

Thanking the members, Dr Thambidurai assured that he would prove worthy of their choice and keep the interests of all parties, groups, and

Deputy Speaker Dr Munisamy Thambidurai individual members in mind while discharging his duties as the Deputy Speaker of Lok Sabha. He also assured the Speaker of his fullest cooperation in running the House.

Appointment of Supreme Court and High Court Judges The Constitution of India contains provisions for the appointment of judges of the Supreme Court

and High Courts including the transfer of judges from one High Court to another High Court. The appointment of judges to the Supreme Court and the High Courts, as per the provisions of the Constitution as it existed when Constitution was adopted, was made by the President of India in accordance with the provisions of Articles 124(2) and 217(1) of Constitution of India, respectively. Transfer of Judges from one High Court to another was done by the President of India in accordance with provision of Article 222(1) of the Constitution. But constitutional obligation was cast upon the President of India under abovementioned articles to consult the Chief Justice of India/Chief Justice of High Court concerned for appointment and transfer of judges of higher judiciary. The appointment/transfer of judges of higher judiciary was a joint venture of the Executive and the Judiciary, in a participative and consultative way, to protect the independence of judiciary. This consultative role of judiciary in the appointment of judges of higher judiciary continued till 1993.

With a judgement delivered by the Supreme Court in1993 and its advisory opinion given in 1998, the recommendations of the Chief Justice of India for appointment and transfer of judges to higher judiciary was made binding on the Executive which in real term amounted to concurrence with the opinion of the Judiciary. The Judiciary, through its power of interpretation of Constitution under article 141, has expanded the term “the Chief Justice of India” occurring in Articles 124 (2), 217 (1) and 222(1) to mean a collegium of select judges. Since 1998, the opinion of the Chief Justice of India really meant the views of Chief Justice taken in consultation with his four most senior colleagues.

After reviewing of the relevant constitutional provisions, the

pronouncements of the Supreme Court and consultations with eminent jurists, it was felt that a broad-based National Judicial Appointments Commission needed to be established for making recommendations for appointments of judges of the Supreme Court and High Courts. The Commission would provide a meaningful role for the Judiciary, the Executive and eminent persons to present their view points and make the participants accountable, while introducing transparency in the selection process. Keeping this in view, the Government introduced the Constitution (One Hundred and Twenty-first Amendment) Bill, 2014 in the Lok Sabha on 11 August, providing for the establishment of a National Judicial Appointments Commission. This Amendment Bill was an enabling constitutional amendment for amending relevant provisions of the Constitution and for setting up of a National Judicial Appointments Commission. It provided for the composition and functions of the proposed National Judicial Appointments Commission. Further, it provided that Parliament might, by law, regulate the procedure for appointment of judges and empower the National Judicial Appointments Commission to lay down procedure by regulation for the discharge of its functions, manner of selection of persons for appointment, etc.

Another Bill, the National Judicial Appointments Commission Bill, 2014 also introduced on 11 August inter alia provided for the timeframe to initiate the process of filling up of vacancies in the Supreme Court and High Courts and the procedure for selection of Chief Justice of India, Chief Justice of High Courts and judges of the Supreme Court and High Courts. It further provided that the Commission would not

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recommend the name of a person for appointment if any two members did not agree to such recommendation. It was also provided that the President of India might, if necessary, require the Commission to reconsider the recommendation. However, if the Commission made unanimous recommendation on such reconsideration, then the President would make the appointment accordingly. The National Judicial Commission would be headed by the Chief Justice of India and would have two senior most judges of the Supreme Court of India. The Minister in charge of Law and Justice would be member, ex officio. Two eminent persons would be nominated by a committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or where there was no such Leader of Opposition, then, the Leader of single largest Opposition Party in the Lok Sabha. One of the eminent persons had to be nominated from persons belonging to the Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), Women and Minority.

The Bill also provided that the National Judicial Appointments Commission might make regulations inter alia specifying the criteria of suitability with respect to the appointment of judges of the Supreme Court and High Courts, the procedure and conditions for selection and appointment of such judges, the procedure for transfer of judges from one High Court to another High Court and the procedure to be followed by the Commission in the discharge of its functions. The National Judicial Appointments Commission Bill, 2014 sought to give a broad base to the appointment of judges in the Supreme Court and High Courts, and would enable participation

INDIA of the judiciary, executive and eminent persons and would ensure greater transparency, accountability and objectivity in the appointment of the judges of the Supreme Court and High Courts.

Earlier Bills withdrawn Two Bills in this regard namely the Constitution (One Hundred and Twentieth Amendment) Bill, 2013 and the Judicial Appointments Commission Bill, 2013 had been introduced earlier during the tenure of the 15th Lok Sabha in the Rajya Sabha on 29 August 2013. While the Constitution (One Hundred and Twentieth Amendment) Bill, 2013 was passed by the Rajya Sabha on 5 September 2013, the Judicial Appointments Commission Bill, 2013 was sent to the Departmentrelated Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on 9 September 2013 for examination and report. The Committee presented its report on 9 December 2013 in which it recommended for making the entire architecture of the Judicial Appointments Commission a part of the Constitution itself, instead of making it a part of an ordinary Bill. The previous Government came with an amendment in the Lok Sabha, which could not be passed before the dissolution of the House and the Constitution Amendment Bill lapsed. Taking into consideration the recommendations of the Parliamentary Committee, on 11 August 2014, the government, with the permission of the Rajya Sabha, withdrew the Judicial Appointments Commission Bill, 2013 and introduced two new Bills the same day.

With the permission of the Lok Sabha, the motions for consideration of the two Bills viz the Constitution (One Hundred and Twenty-first Amendment) Bill, 2014 (Insertion of new articles 124A, 124B and 124C); and the National Judicial

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Appointments Commission Bill, 2014 were moved together by the Minister of Communications and Information Technology and Minister of Law and Justice, Shri Ravi Shankar Prasad in the House on 12 August.

Moving the motions, the Minister stressed that an independent judiciary was the very bedrock of the country’s constitutional scheme of governance and its democratic polity. He expressed his government’s highest respect for the institution of judiciary and its independence and integrity.

Refuting the allegation that the government was rushing through the Bills, the Minister said what the government was doing was basically the culmination of the exercise going on for the last 20 years.

There had been four attempts for constitutional amendment and seven recommendations by various committees over the years, all emphasizing on the need to change the collegiums system of appointment for the judges of the High Courts, the Supreme Court, and the Chief Justices. Everyone wanted independence of judiciary; but the sanctity and role of Parliament were equally important. As the representatives of the people of India the members of Parliament represented the diversity of India, the hope, aspiration and agony of India and were able to decide what was best for the country.

Shri M. Veerappa Moily (INC) and the Law Minister in the previous United Progressive Alliance government, initiating the debate, said there was a need to arrive at a consensus so that, by-and-large, it was acceptable to both the Judiciary and the political Executive, and there was no conflict or friction. The government led by the Congress Party had been working on such a Bill. The judicial system ultimately depended upon the performance of the judges and access to justice. The institution of judiciary

and judges must be free from interference from other branches of the State, namely the executive and the legislature. He said he did not know why the provision that the Commission should not recommend a person for appointment if any two members of the Commission did not agree to such recommendation had been made and were these eminent persons who should be qualified themselves as the members of the Commission.

Shri Moily wanted an All India Judicial Service to get the best quality of judges. Shri S.S. Ahluwalia (BJP) said the purpose of the two Bills was to restore the lost trust in the appointment system. Dr M. Thambidurai (AIADMK) emphasized that the

Shri M. Veerappa Moily

executive must have an adequate say in the appointment of judges.

He argued that the Judicial Appointments Commission should function at two levels, one at the national level and another at the State level. The State Government’s view on any proposed appointment ought to be given due weight. Shri Kalyan Banerjee (AITC) said, of late, in great number of matters, not only the Supreme Court but even the High Court judges had started legislating by interpreting various provisions of the Constitution. The collegium system was one such law laid down by the Supreme Court which had really usurped the functions of the political executive and should go.

INDIA

THIRD READING: INDIA The Securities Law (Amendment) Act, 2014 The Securities and Exchange Board of India Act, 1992 (the SEBI Act) was enacted for the establishment of the Securities and Exchange Board of India (the Board) with the object of protecting the interest of investors in the securities market, to promote the development of, and to regulate, the securities market .

It has been the view of the government that the nature of the securities market and the environment in which it operates is dynamic and the laws governing it, therefore, have to be responsive to market needs. The governance of the securities market through the Board had withstood the test of time, including judicial scrutiny. However, it had become necessary to further strengthen the regulatory provisions to ensure effective enforcement of the securities market related laws while ensuring orderly development.

It was felt it has become necessary to enhance the powers of the Board: (a) to call for information not only from the people or entities associated with the securities market; (b) to provide for effective protection of investors in case where there is fraudulent diversion of monies raised from investors; and (c) to monitor collective investment schemes and to ensure that such schemes, which are thriving, at the expense of gullible investors are curbed.

Further, in view of large pendency of cases, it had become necessary to constitute Special Courts to provide speedy trial.

As Parliament was not in session and the President was satisfied that immediate action was required to be taken to make necessary amendments to the Securities and Exchange Board of India Act, 1992, the Securities Contracts (Regulation) Act, 1956 and the Depositors Act, 1996, so as to enable the Board to initiate action against illegal deposit taking schemes and to validate the actions taken under the Securities Law (Amendment) Ordinance, 2013 and the Securities Laws (Amendment) Second Ordinance, 2013, the President had promulgated the Securities Law (Amendment) Ordinance, 2014 on the 28 March, 2014. Since the Securities Laws (Amendment) Ordinance, 2014 had ceased to operate from the 18 July, 2014 and it was necessary to give continued effect to the provisions of the earlier Ordinances and Securities Laws (Amendment) Ordinance, 2014, it had become necessary for

the Government to introduce the Securities Laws (Amendment) Bill, 2014 in the Parliament.

Salient Features of the Bill • Section 11 of the Principal Act (SEBI Act) has been amended empowering the Board to call for information and records from any person, including any bank or any other authority or board or corporation established or constituted by or under any central or state Act ,which is relevant to any investigation or inquiry into any securities’ transaction.

• A new sub-section (5) has been inserted in Section 11 of the Principal Act to provide that the amount disgorged pursuant to a direction issued under section 11B of this Act or section 12 A of the Securities Contracts (Regulation) Act, 1956 or section 19 of the Depositories Act, 1996, as the case may be, shall be credited to the Investor Protection and Education Fund established by the Board.

• Section 11 AA of the Principal Act was amended with a view to provide that any pooling of funds under any scheme or arrangement, which is not registered with the Board, or is not covered under this section, involving a corpus of hundred crores rupees or more shall be deemed to be a collective investment scheme; • Sub-sections (8), (9) and (10) of Section 11 C of Principal Act were amended so as to provide that instead of Judicial Magistrate of the first class, the Magistrate or Judge of such Designated Court in Mumbai, as may be notified by the central government, shall have the jurisdiction to issue an order for the seizure of books, registers, other documents and records; • Further amendments were made to sections 15A to 15HB of the Act providing that while imposing monetary penalties, the adjudicating officers have discretion to impose minimum penalties, which shall not been less than one lakh rupees, • Section 15-I of the Principal Act was also amended to empower the Board to enhance the quantum of penalty imposed by an adjudicating officer, if the order, in the opinion of the Board, is erroneous and not in the interest of the market; • A new section viz 15 JB was inserted in the Principal Act so as to provide that any person against whom any proceedings have been initiated under sections 11, 11B, 11D, 12 or 15-I may file an application before the Board for settlement of the proceedings which shall be conducted in

accordance with the procedure specified in the regulations to be made under the SEBI Act; • A new section viz 22 C had been inserted in the Principal Act providing for establishment of “Special Courts” for the purpose of providing speedy trial of offences under the SEBI Act; • Another new Section 28 has been inserted to empower the Recovery Officer to recover the amount, against the persons who fail to comply with any direction of the Board for refund of monies, or fail to comply with a direction of disgorgement issued under section 11B or fail to pay any fees due to the Board.

Debate During the discussion in both Houses of Parliament, the provisions of the Amending Bill found support among members from all sections of the House.

The broad points which emerged were – the performance of SEBI is the indicator of the health of the economy; there are no dearth of laws vis-à-vis securities, but these have to be executed properly; the Government should take necessary steps to ensure that all tribunals function properly. Members while expressing concerns over problems being faced by small investors requested the Government to instill confidence among investors.

The minister-in-charge of the Bill during his reply inter-alia observed that capital is a lifeline of all business, but where there is money there are bound to be fraudsters. Hence the need for a strong regulatory mechanism. The Minister further stated that ,when a market is regulated by the market forces, the government needs to ensure appropriate regulation. For this reason successive governments had created this instrumentality of regulators over the last two decades. The Amending Bill was an attempt to empower the SEBI, as experience revealed that those who violate the law may be cleverer than the law itself. Hence, the need to amend the law empowering agencies to deal with such people. The Minister finally assured the members that Government is taking up an extensively large scheme of expanding financial inclusion in the country.

The Bill was passed by Lok Sabha on 6 August, 2014 and by Rajya Sabha on 12 August, 2014.

The Bill, as passed by both Houses of Parliament, was assented to by the President of India on 22 August, 2014.

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Shri Bhartruhari Mahtab (BJD) observed the appointment of judges by the Supreme Court collegium lacked transparency and was secretive. The Bills, once enacted, would establish equilibrium in democratic structure. He requested the Minister to explain the amount of workload the Commission would shoulder in recommending appointments for 31 Supreme Court judges and over 800 judges in 24 High Courts. Shri Anandrao Adsul (Shiv Sena) believed the Commission would help in eradicating corruption and establish transparency in appointment of judges. Shri B. Vinod Kumar (TRS), while advocating for setting up of an All India Judicial Service, suggested providing a timeframe to the Commission for making regulations so vacancies in High Courts and in the Supreme Court could be filled without delay. Dr A. Sampath (CPI-M) suggested that one of the two Supreme Court judges in the Commission should be nominated by the collegium of all the judges of the Supreme Court while the other judge might be the Chief Justice of one of the High Courts nominated by a collegium of the High Court Chief Justices.

The Minister of Consumer Affairs, Food and Public Distribution, Shri Ram Vilas Paswan (LJP) said It was only in India that judges were appointed by judges themselves. The Bills would reestablish the equilibrium between the Executive and the Judiciary. Shri Dharmendra Yadav (SP) had doubt whether the six selected persons would be able to appoint 31 Supreme Court judges and more than 800 judges of the High Courts. Therefore, he suggested for setting up of a similar commission for High Courts at the state level so that most capable judges could be appointed. Shri Rajesh Ranjan ( RJD) said names of judges should be made public months

INDIA before their appointment so that people could give their views and this would promote transparency.

Dr Arun Kumar (RLSP) supported the Bills seeking judicial reforms. Smt. Anupriya Patel (Apna Dal) observed the government was committed to transparency, accountability and objectivity in the appointment of judges in the Supreme Court and the High Court. The role of the courts was only to interpret the law and not to create and make laws. Shri Kaushalendra Kumar (JD-U), welcoming the Bills, wanted the government to assure and convince the judiciary that it would never transgress into their jurisdiction and would respect their independence.

Shri C.N. Jayadevan (CPI), supporting the Bills, said except the sitting judges and the Law Minister, others should be barred from taking up any other judicial or quasi-judicial post or political post after retirement from the National Judicial Appointments Commission. Shri N.K. Premachandran (RSP) appreciated the Law Minister for maintaining a balance between the Judiciary, the Legislature and the Executive in the Constitution Amendment Bill. Shri Asaduddin Owaisi (AIMIM) said the passing the Bill, would give a blank cheque to the government of the day to have its own people in the Judiciary. Shri Joice George (Independent) said the Bar Association should be taken into confidence in selection of judges.

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Shri Ram Vilas Paswan

Shri R. Radhakrishnan (AINRC) argued for giving Parliament a say in the appointment of judges.

Shri S.P. Muddahanumegowda (INC) suggested that the two eminent persons of the Commission should be persons with judicial background.

Replying to the debate, Shri Ravi Shankar Prasad assured that there was no intension to interfere in the domain of Judiciary. It was the prerogative of Parliament to change the process of appointment of the judges of the High Courts and the Supreme Court in tandem with the Constitution. There was not even iota of suspicion about any kind of conflict between the Parliament and Judiciary.

Resuming his reply on 13 August the Minister said constituting separate State Commission would make it constitutionally vulnerable because under article 214, it was the President not the Governor who appointed even the High Court judges. He was of the view that bringing the Legislature into the consultation process would put the process open to a lot of pressures, pulls and political considerations. The Minister said he would try to build a consensus on the issue of All India Judicial Service as some States think it would be an attack on the federal principle. After more than six hours debate the Bills, as amended, were passed.

The Constitution (One Hundred and Twenty-first Amendment) Bill, 2014 was passed by a special majority requiring passing by a majority of the total membership of the House and by a majority of not less than two-thirds of the members present and voting.

The Rajya Sabha also had a thorough discussion on both the Bills on 13 and 14 August.

However, unlike the Lok Sabha, the Bills were discussed separately.

On 13 August, Shri Prasad moved the Constitution (One

Hundred and Twenty-First Amendment) Bill, 2014 in the Rajya Sabha for its consideration.

Participating in the debate, Shri Shantaram Naik (INC) said in most of the countries, the Executive enjoyed the authority to appoint judicial officers by following a proper process of consultation. While constituting the Commission, the government must be transparent and only eminent persons of integrity should be made as members.

Shri Satish Chandra Misra (BSP) said, as far as the High Courts are concerned, it might be difficult for a Commission sitting in Delhi to consider and find out the names from the High Court. Therefore, in the procedure some explanations should be given as to how the High Court Judges would be appointed.

He hoped the Commission would act independently and be able to find the best of the judges. Shri Bhupender Yadav (BJP) observed that the Judicial Commission provided for equal and active participation of the Executive and the Judiciary. It would help in maintaining the independence and impartiality of the judiciary. Shri Sukhendu Sekhar Roy (AITC) felt that the government had tried to broaden and widen the scope of selection by way bringing the Constitution (Amendment) Bill. Prof. Ram Gopal Yadav (SP) supporting the Bill said it was a good thing that there was provision for including a person from SCs, STs, Minority or OBCs in the Appointment Commission. Shri Majeed Memon (NCP) suggested that vacancies in the Judiciary needed to be filled up fast and in a transparent manner.

A former Attorney General, Shri K. Parasaran (Nominated) said it was wrong to think that Judiciary would lose its independence if the Executive was given a say in the appointment and transfer of judges. There could not have

INDIA been a better position as the Commission consisted of the Judiciary, the Executive, and citizens who were also litigants.

Participating in the debate on 14 August Shri Sharad Yadav (JD-U) requested for increasing the strength of Commission members from six to eight in order to give better representation to the people belonging to the neglected and marginalized sections of society. Shri A. Navaneethakrishnan (AIADMK) pleaded for giving the State Government a role by creating the State-level Judicial Appointments Commission and including the Chief Minister in it.

The Minister of Finance, the Minister of Corporate Affairs and the Minister of Defence, Shri Arun Jaitley (BJP), intervening in the debate, said the collegium system has boiled down to a system of judicial exclusivity in the matter of appointments, keeping the elected government completely outside the process. This was an aberration of the basic structure of the Constitution. The Chief Justice of India would chair the collegiums and the judicial primacy would be continuously maintained even in the proposed system. Shri P. Rajeeve (CPIM) said as the representation of women in the upper judiciary was very minimal; out of the six members in the Judicial Appointments Commission one should be a woman. Besides, the Supreme Court judge should be elected by the collegium of all judges. Shri Kalpataru Das (BJD) said the supremacy of the Judiciary was there in the Judicial Appointments Commission as the Chief Justice of India would be its Chairman with two seniormost judges as members. Shri D. Raja (CPI) said the Judiciary should have the representation of all deprived classes and sections in society. Shri H.K. Dua (Nominated) said the aberration on the part of the Supreme Court to arrogate to itself the power of

appointing judges would be set right in the Constitution. There were sufficient checks on misuse of the Executive power. Shri Tiruchi Siva (DMK) believed the legislation would give the appointment of the judges of the Supreme Court and the High Courts a broad base. He suggested that the Law Minister should look into the definition of ‘eminent persons’.

Shri Rajeev Shukla (INC) observed that even in the proposed system there was domination of Judiciary and believed the judges chosen through this system would be very good. Accountability of Judiciary should also be fixed and provisions should be made for deciding cases in a time bound manner. Dr K. Keshava Rao (TRS) said while independence and impartiality were important for the Judicary, there had to be accountability as well. Dr E.M. Sudarsana Natchiappan (INC) requested the government to set up a Judicial Accountability Commission. Shri Ramdas Athawale (RPI-A) called for appointing more number of persons belonging to SCs/ STs/OBCs as judges to provide justice to these categories of people. Shri Naresh Gujral (SAD) welcomed the clause regarding the women representation on the Commission because that would break up the existing boys’ club.

He hoped that this would address the increasing cases of sexual harassment in the Judiciary.

Km. Mayawati (BSP) wanted reservation for SCs/STs/OBCs and minorities in the appointment of Judges. Shri Ram Jethmalani (Independent) said the Law Minister should have studied the Judicial Commissions working in other parts of the world. He said the Law Minister was the most disqualified person to be a member of the Commission as, by the exigencies of democratic life, he might have to go back any time to earn his livelihood

Shri Ram Jethmalani

by practising before a court.

Shri K. T. S. Tulsi (Nominated) supporting the Bill said there should be a Joint Committee of Parliament to entertain the objections, hear them publicly, give an opportunity and take a decision. Ultimately, the power of appointment of judges must vest in the Parliament and in the representatives of the people.

Replying to the debate, Shri Ravi Shankar Prasad said as far as the accountability was concerned, the Judicial Standards and Accountability Bill was already pending and loading everything in the Appointments Commission would become too cumbersome. As far as the issue of enquiry into complaint against judges was concerned, that must be dealt with by the Judiciary alone. In the accompanying Bill, the Chief Minister’s role had been recognized as far as consultation was concerned. He assured the House that the National Judicial Appointment Commission would take care of the representation of SC, ST and OBCs. The motion for consideration of the Bill was adopted by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of the House present and voting.

After the Clauses etc. were adopted by a special majority the Bill was passed by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of the House present and voting.

Thereafter, the Minister moved the National Judicial Appointments Commission Bill, 2014 for consideration. Dr Abhishek Manu Singhvi (INC) said an independent Judiciary was the base for the vibrancy of Indian democracy. He was for a seven-member Commission without a two-person veto. Shri Sukhendu Sekhar Roy (AITC) said there should be a timeframe for the Judicial Commission to make its recommendations. Dr Anil Kumar Sahani (JD-U) said decision must be on the basis of majority among members of the Commission. Shri K. N. Balagopal (CPI-M) suggested that there should be a provision for notifying the vacancies and eligible people should get the chance to apply for the post.

The Bar Council should also be represented in the Commission.

Shri Naresh Agrawal (SP) said as the quota of District Judges for becoming judge of the High Court was very small, it must be increased. Shri Bhupinder Singh (BJD) said there were a number of competent lawyers in lower courts and attention must be given to them also in appointing judges of High Courts. Shri D. P. Tripathi (NCP) said the Commission should not take more than 90 days in recommending the appointment of judges and there should be a provision for people from District Courts to give their applications.

Shri Tiruchi Siva (DMK) said the Commission would help in reducing the pending cases by quickly filling up vacancies.

Shri Anil Desai (Shiv Sena) observed that creating a database of the judges would bring in more transparency and accountability. Shri Jairam Ramesh (INC) wanted to know whether the activities of the Commission and the selection process for the eminent persons would be subject to the Right to Information Act, or not, and whether the domain as to who

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constituted ‘eminent persons’ would be restricted to the legal fraternity or extended to professions outside law also.

Prof. Saif-ud-Din Soz (INC) said the Congress party and the government had been

INDIA together irrespective of their political affiliations in bringing comprehensive judicial reforms.

Replying to the debate, the Law Minister said he was very much concerned for the district

judges of the country. As far as the issue of reservation was concerned, reservation in Judiciary was a larger question on which a national consensus had to be built. The motion for consideration of the Bill was

adopted and Bill was passed.

The Constitution Amendment Bill was to be ratified by half of the State Legislatures before being presented to the President of India for his assent.

THIRD READING: INDIA The Andhra Pradesh Reorganisation (Amendment) Act, 2014 The Andhra Pradesh Reorganisation Act, 2014 which was passed by both Houses of Parliament in February 2014 after Presidential assent, came into force with effect from 1 March, 2014, to provide the reorganisation of the State of Andhra Pradesh into the states of Telangana and Andhra Pradesh.

With a view to enable the successor State Government of Andhra Pradesh to have flexibility in the identification of areas for implementing the rehabilitation and resettlement aspect of the Polavaram Multi-purpose Irrigation Project, as well as to ensure contiguity in the areas that form part of Andhra Pradesh and for administrative convenience, entire Mandals (administrative units) in the Khammam District in which some Revenue villages would get submerged or be needed for rehabilitation and resettlement purpose, were required to be transferred to the successor State of Andhra Pradesh by amending section 3 of the Andhra Pradesh Reorganisation Act, 2014.

This transfer of areas excludes the Bhadrachalam Town and the 12 Revenue Villages in the Bhurgampadu Mandal of the Khammam Distrcit through which the NH-221 passes as this highway is the only available road access to the Bhadrachalam Town from the rest of Teleangana.

Prior to 1959, the entire Bhadrachalam Revenue Division was a part of the East Godavari District. It was transferred to the Khammam District for administrative reasons.

Now, only a part of the Bhadrachalam Revenue Division is being transferred to Andhra Pradesh to address the rehabilitation and resettlement of the Polavaram Project.

The Government was of the view that immediate action was necessary to revise the territories of the two successor states before the appointed day (2 June, 2014) on which day the Andhra Pradesh Reorganisation Act,

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2014 would come into force. In the absence of adjustment of territories, there was a possibility of the execution of the National Project getting delayed further. Therefore, an expeditious decision was required regarding transfer of the areas likely to get submerged, to the residuary State of Andhra Pradesh so that the rehabilitation and resettlement issues could be dealt with appropriately by that State. The Andhra Pradesh Reorganisation (Amendment) Ordinance, 2014 was, therefore, promulgated on 29 May, 2014, by the new Government (which assumed office on 26 May).

By promulgation of the Andhra Pradesh Reorganisation (Amendment) Ordinance, 2014, section 3 of the Andhra Pradesh Reeorganisation Act, 2014 had been amended.

The Government thereafter brought forward the Ordinance Replacing Bill.

Amendments carried by Ordinance Replacing Bill In the Principal Act viz. the Andhra Pradesh Reorganisation Act, 2014, in Section 3, for the words, brackets letters and figures “Khammam (but excluding the specified revenue villages in the Mandals in Government’s documentation dated the 27 June, 2005 and the revenue villages of Bhurgampadu, Seethamangaram and Kondreka in Bhurgumpadu Mandal,” the following had been substituted “Khammam (but excluding the Mandals of Kukunoor, Velairpadu and Bhurgampadu but not including its revenue villages of Pinapaka, Morampalli Banzar, Bhurgampad, Nagineniprolu, Krishnasagar, Tekula, Sarapaka, Iravendi, Motherpattinagar, Uppusaka, Sompalli and Nakripeta under the Palvancha Revenue Division, and the Mandals of Chintoor, Kunavaram, Varamachandrapuram and Bhadrachalam but not including the revenue village of Bhadrachalam under the Bhadrachalam Revenue Division)”.

The Repeal and Saving clause of the

Ordinance Replacing Bill provided that, notwithstanding such repeal anything done or action taken under the Principal Act, as amended by the said Ordinance, would be deemed to have been done or taken under the provisions of this Ordinance Replacing Bill.

Debate The Minister-in-charge of the Bill, while briefly explaining the purpose of the Ordinance Replacing Bill, assured the members that in the event of any further amendments being needed to facilitate smooth and complete implementation of Relocation & Rehabilitation for the Polavaram Project, the Government would ensure that the same would be addressed at the earliest.

Reservations were expressed by some members from Telangana region mainly on the grounds that – (i) the Andhra Pradesh Reorganisation (Amendment) Ordinance, 2014 was against the spirit of the Constitution; (ii) the Government could not possibly promulgate an Ordinance after formation of Telangana State; (iii) Before introduction of the Ordinance Replacing Bill, views of both Telangana and Andhra Pradesh Legislative Assemblies should have been ascertained first.

Some members opposed the Bill on the ground that with the increased height of Polavaram Project, several tribal villages would get inundated.

Nevertheless, in keeping with the immediacy of the measure as explained by the Minister and assurance given by him that Government, would address concerns expressed, the Bill could be passed in both Houses of Parliament. It was passed by Lok Sabha on 11 July, 2014 and by Rajya Sabha on 14 July, 2014.

Accordingly, the Andhra Pradesh Reorganisation Ordinance, 2014 was replaced by the Ordinance Replacing Bill and the Andhra Pradesh Reorganisation Act, 2014 stood amended to that extent.

NEW ZEALAND

NEW ZEALAND GENERAL ELECTION: FINAL RESULTS On 4 October the Electoral Commission published the official results of New Zealand’s general election, which was held on 20 September. The official results include special declaration votes, which are processed after election day.

On election night the National Party had won 61 seats out of 121, which would have given it a simple majority – an unprecedented result since New Zealand switched to an MMP (Mixed Membership Proportional) electoral system in 1996. However, National lost one seat after the counting of special declaration votes. The Prime Minister, Rt Hon. John Key, MP, entered into confidence and supply agreements with the ACT Party and the United Future Party and a relationship accord with the Māori Party to form a National-led government for a third term.

The final result represented a gain of one seat for National over its 2011 result. Its support partners in the 50th Parliament, (the ACT Party, the Māori Party,

Mr Kelvin Davis, MP

Rt Hon. David Carter, MP

and the United Future Party) in total returned four members to Parliament, a decrease of one compared with 2011. Opposition parties held the same number of seats overall (57) as compared with the 2011 result, but Labour’s share decreased from 34 seats to 32. The Green Party retained 14 seats. New Zealand First gained three seats and now has 11 members in Parliament.

Hone Harawira, MP, the Leader of the Mana Party and sole representative of that party in the 49th and 50th Parliaments, lost his seat to Labour member Kelvin Davis, MP. Opening of the 51st Parliament and Address in Reply Debate On Monday 20 October the 51st Parliament met to have members sworn in and to elect the Speaker. Government members nominated the Rt Hon. David Carter, Speaker in the 50th Parliament, and New Zealand First nominated Ron Mark, MP. Mr Carter was re-elected following a

personal vote. The following day the Governor-General, His Excellency Lieutenant General the Rt Hon. Sir Jerry Mateparae, delivered the Speech from the Throne at the State Opening in the Legislative Council Chamber. The speech outlined the government’s policy and legislative intentions for the 51st Parliament.

In accordance with convention, two new government members, Mr Chris Bishop, MP and Ms Barbara Kuriger, MP respectively, then moved and seconded the motion that a respectful address be presented to the Governor-General in reply to his speech.

Leading off the Address in Reply debate for the Labour Party, the Acting Deputy Leader, Hon. Annette King, MP, congratulated the Prime Minister on the election result: “Securing a third term is not an easy feat and you have achieved it.”, but warned that “with it comes huge responsibility.

No longer, in your seventh year in government, when things go

Mr Chris Bishop, MP

wrong can it be blamed on Helen Clark’s government or even on poor old Mickey Joseph Savage.

It is time for the government to step up, it is time to own its decisions, and it is time to take responsibility.”

Ms King moved that the Address in Reply motion include the wording: “and expect over the next three years to see every child grow up in a warm, dry home, the number of affordable homes built

Ms Barbara Kuriger, MP

increased, every New Zealander have access to affordable health care, wages for all rising faster than the cost of living, jobs created and unemployment back under 4 per cent, exports increased as a percentage of GDP, the economy diversified towards value-added goods and services, economic and social inequality reduced, targets to measure and reduce child poverty, a cross-party approach to addressing domestic and sexual violence, real measures to target climate change and improve our sustainability, a plan for the recovery of Canterbury,

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and the government to be guided in their work by the principles of the Treaty of Waitangi, because without these commitments and goals, New Zealand will not grow or move forward to the future New Zealanders deserve.”

In reply the Prime Minister, Rt Hon. John Key, MP, stated that with his government’s support arrangements: “Together we will work hard to provide strong and stable Government. Together we will work hard to deliver even better results when it comes to economic growth, in terms of lifting more children out of poverty and ensuring that more families move into work, in terms of continuing to improve the quality of our critical services of health and education, and in terms of continuing to see the crime rate fall.”

He said his government’s policies “… start with the economy. This is a government that will return the books to surplus and it is a government that will continue to work hard to meet the Crown objective of getting debt down to 20 percent of GDP by 2020. This is a Government that will ensure that we spend taxpayers’ money wisely, …”.

Amongst other measures, he said that the government would “continue … to work hard in the area of health and safety in the environment, and we will make sure that parents have more time to spend with their youngsters by extending paid parental leave from 14 weeks to 18 weeks and by increasing the parental tax credit for families that do not get the paid parental leave.”

He also signalled “an opportunity for the New Zealand public to decide on whether they want to change the flag. I personally believe that the flag should be a visual representation of modern New Zealand. …

Young New Zealanders … want to have overt signs of patriotism for this great country”.

NEW ZEALAND

Rt Hon. John Key, MP

Ms Metiria Turei, MP, (Co-leader – Green) promised that the Green Party in the 51st Parliament would “continue … to lead through our ideas, lead through our campaigns, lead through our commitment to addressing the big issues of our time. … For six years the Green Party has filled the National government’s vision vacuum with our ideas – with new thinking like school hubs, nurses in schools, the climate tax cut, the urban cycleways, the Green Investment Bank. … Just two years ago National denied child poverty even existed, and now apparently it is on the top of the Prime Minister’s to-do list.”

Rt Hon. Winston Peters, MP, (Leader – New Zealand First) said: “In this Parliament, as always, [New Zealand First] will demand of the government clear and forthright answers to matters of public concern. We will do our duty and hold the government to account.”

Ms Metiria Turei, MP

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Referring to the government’s intention to put a possible change of New Zealand’s flag to a public vote, he asked: “How much will it cost for all the government paraphernalia, every soldier’s uniform, every police uniform, everything we have got, to be changed because the Prime Minister wants to have, what? A legacy – of economic improvement? No. Of social change? No. Just a new flag.”

Mr Te Ururoa Flavell, MP, (Co-leader – Māori Party) referred to his party’s relationship accord “as a doorway that leads to development in cultural, economic, social, and environmental terms, to opportunities that every New Zealander should be entitled to but opportunities that, unfortunately, many do not actually see and are denied. … As politicians we are the guardians of this time. … We must work collaboratively to support those who are struggling, to create a meaningful living wage, and to enact the recommendations of the Expert Advisory Group on Solutions to Child Poverty.”

Hon. Peter Dunne, MP, (Leader – United Future) said: “United Future has entered into its third confidence-and-supply agreement with a National-led government, following on from two earlier confidence-andsupply agreements with the Labour Party when it was in office.

During each of those processes, there has been the opportunity to support government measures and to oppose those that are seen as inappropriate. That will be the pattern during the three years ahead.”

Mr David Seymour, MP, (Leader ­– ACT) referred to ACT’s support for partnership (charter) schools and improved public policy: “It is my hope that I will contribute here to improve public policy for all New Zealanders so that prosperous and free individuals may flourish in this

green and pleasant land.”

The 19-hour long Address in Reply debate will continue.

In other business before the House on its first full day, all parties supported a motion to recognize New Zealand’s election to the United Nations Security Council for the term of 2015-16. Moving the motion, the Prime Minister said: “Obtaining 145 votes against two highly respected and much larger nations [Spain and Turkey] is a major achievement. … [It] is a testament to New Zealand’s reputation as an independent principal foreign policy contributor and an acknowledgment of our record at the United Nations over the past 69 years. It is

Mr David Shearer, MP

also a strong affirmation of the important role that a small state like New Zealand can play on the Security Council”.

He thanked all those responsible, including former Prime Minister Rt Hon. Helen Clark, who launched the Security Council campaign, “and the commitment of successive Governments to it”.

Mr David Shearer, MP, added: “Labour supports the government’s motion to recognize our election on to the United Nations Security Council.

More than any other place, it is where New Zealand can contribute to peace and security in the world, and we are living in very turbulent times.”

UNITED KINGDOM

PRIVATE MEMBERS’ BILLS ARE DEBATED Private Members’ Bills (Commons) Readers of the previous issue of The Parliamentarian will be familiar with the results of the Commons’ ballot for private members’ bills. The ballot winner, Liberal Democrat Andrew George MP, announced that he would introduce a bill to mitigate the effects of the so-called “underoccupany penalty”. The secondplaced Member, former Secretary of State for Scotland Rt Hon Michael Moore MP, introduced a bill to enshrine in statute a requirement to spend 0.7% of UK GDP on international aid. The third placed Member, Conservative Bob Neill MP, announced his intention to revive the European Union Referendum Bill, which passed the Commons in the previous session but failed to progress through the House of Lords before the end of the Session.

Mr George picked the first sitting Friday of the Session, 5 September, for his Affordable Homes Bill. The Bill’s intention was to require the government to review the availability of affordable homes and to provide for certain exemptions from the reductions in housing benefit and universal credit placed on those with a spare bedroom in their house (referred to by critics as a ‘bedroom tax’ and by supporters as the abolition of a ‘spare room subsidy’). In Mr George’s words the Bill would mean: “Existing tenants will not be subject to any housing benefit deduction until they have received a reasonable offer of alternative

Andrew George, MP

social rented accommodation with the correct number of bedrooms. Tenants who need a extra bedroom for genuine medical reasons or whose homes are substantially adapted will not have their housing benefit reduced. Clause three, as people will have noticed, will encourage a systematic review of the government’s efforts to provide affordable housing and, in particular, intermediate market housing.”

Mr George had obtained the support of his Liberal Democrat colleagues for his Bill. However their partners in the coalition government, the Conservative Party, opposed the Bill. Early in the debate, Mr George asked the Minister, Mark Harper MP (Conservative), whether the government would be suspending the principle of collective responsibility over the Bill. Mr Harper agreed that this was the case – meaning that Liberal Democrat ministers would be allowed to support the Bill and Conservatives would be allowed to oppose it.

Mr Harper did not make a speech during the debate, but in his interventions he dwelt heavily on the cost of the Bill. He said that the Government estimated the cost of its proposals at around £1 billion, arguing that its provisions went wider than just the under-occupancy penalty.

This was a theme dwelt on by a number of Conservatives who spoke in the debate. Sir Tony Baldry MP (Conservative), said: “The fundamental point, which I think we are all agreed on, is that whatever the Bill costs, whether £0.5 billion or £1 billion, that sum must be found somewhere else in the welfare budget. We cannot simply come to the House and seek to spend taxpayers money without that having consequences.”

Speaking for the opposition, Rt Hon. Chris Bryant MP (Labour), supported the Bill and congratulated Mr George on getting the Government to suspend its collective responsibility about the Bill. Whilst David Nuttall MP (Conservative)

Rt Hon Michael Moore MP

argued that the welfare changes that the Bill sought to change had been required due to the economic mismanagement of the previous government, Mr Bryant saw another cause: “The bedroom tax was ill prepared and it has been very poorly implemented by the government. It is riddled with logical inconsistencies…and it has a central injustice at its very heart: the poor and the vulnerable are being made to pay for a recession that was caused by irresponsible lending not by them but by the wealthy in the City of London and in other countries around the world.”

At 1pm., the Liberal Democrat whip, Mark Hunter MP, moved a closure motion. Despite the Scottish referendum being just a couple of weeks away, and unusually for a sitting Friday, the Labour Party had imposed a third-line whip. The closure motion was passed by 304 votes to 237 and the second reading subsequently passed by 306 to 231. At this point, concerned in part that the Bill’s passage into Public Bill Committee could hinder the European Union Referendum Bill’s passage and also Mr George’s suggestion that he would amend the Bill in Committee, Jacob Rees-Mogg MP (Conservative) moved that the Bill be instead referred to a Select Committee. This motion was defeated by 264 to 236.

The following Friday, Michael Moore’s International Development Bill passed its second reading by 166 votes to

The Parliamentarian | 2014: Issue Four | 307

PARLIAMENTARY REPORT

seven with frontbench support from all three main political parties. And on the first sitting Friday in October, the European Union Referendum Bill was passed without any Members voting against it. However, all three bills required a procedural motion, called a money resolution, to get through their committee stages. So far, only the International Development Bill has received such a resolution, passed on 3 November 2014.

Only the government can bring forward such a resolution for the House to decide on. It has not yet done so in respect of Andrew George or Bob Neill’s bills. This has prompted criticism from supporters of both bills. On 30 October, the Leader of the House, Rt Hon. William Hague MP, conceded that there was not agreement within Government to bring forward the motions.

Rt Hon. William Hague MP

House of Lords Meanwhile, in the House of Lords attention has also been focused on a private peers’ bill. On 5 June, the former Lord Chancellor, Rt Hon Lord Falconer of Thoroton (Labour), introduced an Assisted Dying Bill. The Bill provides for a person who is terminally ill to request and receive medical assistance in ending their life.

At present, the Suicide Act 1961 means that anyone assisting someone to end their life can potentially be prosecuted. Lord Falconer cited a tension between

UNITED KINGDOM the letter of the law and the difficulty of applying it. Moving the second reading on 18 July, he said: “My Lords, in the last stages of a terminal illness, there are people who wish to end their life rather than struggle for the last few months, weeks, days or hours. Often it is not the pain that motivates such a wish, but the loss of independence and dignity.

Those who love them often try to help […] Nobody wants assisters who are motivated by compassion to be prosecuted. […] The principle of this Bill is that those who are terminally ill should have choice over how they die, but subject to effective safeguards that prevent pressure or abuse.”

Opposing the Bill, the Archbishop of York (Crossbench) spoke against what he saw as the philosophy behind the Bill – seeing in it, “the ancient Stoic philosophy that ending one’s life in circumstances of distress is an assertion of human freedom”.

He saw risks that individuals faced with a terminal diagnosis might be tempted to agree to end their live in moments of despair – potentially depriving them and their loved ones of weeks, possibly months or years of unexpected time together.

“It is possible to think abstractly that one’s early death would be welcome to one’s nearest family and would spare them trouble. But in fact the best service one could do for them would be to accept their care and to show appreciation of them at the end of one’s life.”

Also speaking against the Bill was the former Conservative Cabinet Minister, Rt Hon. Lord Tebbit. He criticised peers who had referred to a “right” of an individual to take their own life, saying: “We do not have that right; we have only the capacity to do it.” His concern was that enormous pressure would be placed on the elderly and

308 | The Parliamentarian | 2014: Issue Four

Rt Hon. Lord Falconer of Thoroton terminally ill to, in his words, “do the decent thing and cease to be a burden on others”. This theme was taken up by a number of other Peers who opposed the Bill. Lord Hameed (Crossbench) said that there was nothing in law to prevent someone declining life-saving treatment at present, but the Bill would cause a “change of culture […] send[ing] the message that this or that group should be seen as candidates for death rather than as patients to be cared for.”

One of the shortest speeches during the debate was made

by Lord Birt (Crossbench), who supported the Bill. His argument was: “In a free, secular society, my Lords, the presumption should be that adults are free to do what they wish, subject only to not impinging on the rights of others.” He went on, “I can see no reason at all for denying individuals the right to manage their own imminent, irreversible and prospectively painful, wretched or deeply distressing death – in their own interest, and in the interests of the loved ones that they will shortly leave behind.” It was a theme echoed by Lord Finkelstein (Conservative) who said that “Failing to legislate for assisted dying is substituting our reason – Parliament’s reason and the state’s reason – for that of the dying person on the grounds that we are of sound mind and strong, and the dying person is not.”

Winding up the debate,

the Minister, Lord Faulks (Conservative) reflected on the concerns that had been raised in the 133 speeches that had been made: “Most noble Lords were concerned about the adequacy of the safeguards. Many pointed out that the Bill would not deal with the applicants in the Supreme Court case of Nicklinson and others, and the difficulty of predicting with any confidence life expectancy in the face of a diagnosis of serious illness. Noble Lords were also anxious about the so-called slippery slope. How slippery is it – or is it just an excuse for doing nothing?

“Some Peers were concerned that if the Bill were enacted there might not be adequate postdeath inquiry to ensure that there had been compliance with the safeguards. Others stressed the difficulty in assessing mental capacity generally, particularly for the purposes specified in the Bill.

“Then there were those who thought that we should hesitate to legislate if the law, messy and uncertain as it may be, still worked well in practice.

I sense the clear consensus of the House that the Bill should proceed to Committee, where these and other issues can be thoroughly discussed.”

He said that it was a matter for Parliament to decide rather than the Government. However, he added that the Government had a duty to ensure that the Bill was fit for the statute book and would, if necessary, seek to amend it at a later stage to do so.

The debate concluded at quarter to eight in the evening, after nine hours and 43 minutes of debate. The Bill passed its second reading unanimously, however its progress is by no means assured. Its first day of Committee was on 7 November 2014 and 175 amendments had been tabled to the Bill at time of writing.

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