The Parliamentarian 2012 Issue Four - 58th Commonwealth Parliamentary Conference

11

A CENTU

19

11

LENCE EL

OF EXC RY

~ C PA ~ 2

0

TheParliamentarian Journal of the Parliaments of the Commonwealth

2012 | Issue Four XCIII | Price £12

58 CPC th

Ensuring a relevant Commonwealth for the future

PLUS Commonwealth parliamentary co-operation PAGE 245

Engaging political parties to improve gender-responsive governance PAGE 268

Cover1.indd 1

The role of social media in modern-day politics PAGE 284

Measuring progress and well-being beyond GDP in small states PAGE 308

17/01/2013 15:18:45

Calendar of Events 2013 March 11

Commonwealth Day

17-22 CPA Executive Committee Mid-Year Meeting, George Town, Cayman Islands

April 14-18 18th Commonwealth Law Conference, Cape Town, South Africa 14-20 International Executive Programme for Parliamentary Staff, Montreal, Canada

May 27-1 June

Commonwealth Parliamentary Seminar, Singapore

July 14-20 51st CPA Canadian Regional Conference, Edmonton, Alberta 21-27 44th CPA African Regional Conference, Windhoek, Namibia

August 28-6 September

Commonwealth Parliamentary Conference, Sandton, South Africa

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.

Inside front cover.indd 37

18/01/2013 10:27:28

58 COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka 7-15 September 2012 TH

“Ensuring a Relevant Commonwealth for the Future”

The 58th annual Conference of the Commonwealth Parliamentary Association (CPA), hosted by the Parliament of Sri Lanka, put forward policy alternatives to resolve global problems. More than 500 Members and officials considered solutions to issues affecting the close to 150 Parliaments and Legislatures of Commonwealth nations, states, provinces and territories which were epresented in Sri Lanka.

The conference also included: the two-day 32nd Small Branches Conference, meetings of Commonwealth Women Parliamentarians and of their Steering Committee, as well as meetings of the CPA Executive Committee and the General Assembly.

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

Sri Lanka conference title page.indd 229

17/01/2013 15:08:58

CONTENTS

2012: ISSUE FOUR 256

242

Journal of the Parliaments of the Commonwealth Vol. XCIII 2012: 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

COMMENT

58th COMMONWEALTH COLOMBO,

Inside Issues

First Plenary:

Gaining knowledge by agreeing to disagree Page 232

View from the Chair CPA 2013: Looking ahead Page 234

View from the CWP

Publisher: Dr William F. Shija Secretary-General

Sharing experiences to generate interest and action in the gender field Page 236

Editor: Andrew Imlach Director of Communications and Research

View from the Secretary-General

Designer and Assistant Editor: Lisa Leaño

Democracy and human rights Page 238

Front cover Sri Lankan children on a schoolbus.

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

Commonwealth Matters Page 242 Commonwealth parliamentary co-operation Page 245 Commonwealth questions Page 248

Workshop A:

Empowering future generations through access to health and education and vocational training Page 250

Workshop B:

Should the Commonwealth establish a Commissioner for Democracy, the Rule of Law and Human Rights Page 254

Workshop C:

The politics of constitutionmaking.: The role of Parliaments in relation to the people

Workshop D:

Ensuring adequate parliamentary scrutiny of foreign and Commonwealth affairs Page 260

Workshop E:

The role of Parliamentarians in conflict resolution and peacebuilding Page 264

Workshop F:

Engaging political parties to improve gender-responsive governance Page 268

Workshop G:

Terrorism, the threat to democracy, peace and security Page 272

Workshop H:

Tackling youth unemployment Page 276

Page 256

230 | The Parliamentarian | 2012: Issue Four

Contents.indd 230

17/01/2013 15:10:14

288

280

CONFERENCE SRI LANKA Commonwealth Women Parliamentarians session:

NEWS 32nd SMALL BRANCHES CONFERENCE:

Is there such a thing as a women’s agenda in Parliament?

If not, why not?

If so, what should it be?

Page 280

Session one:

Final Plenary:

Session two:

The role of social media in modern-day politics Page 284

Opening Ceremony Page 288

Ensuring adequate parliamentary scrutiny of foreign and Commonwealth affairs Page 296

The impact of the informal economy on economic diversification in small states Page 300

Parliamentary news:

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

Page 311

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

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

Session three:

Strategies to increase women’s representation in Parliaments in small states Page 304

Session four:

Measuring progress and wellbeing beyond GDP in small states Page 308

Promoting sustainable forest management

The Parliamentarian | 2012: Issue Four | 231

Contents.indd 231

17/01/2013 15:10:23

INSIDE ISSUES

GAINING KNOWLEDGE BY AGREEING TO DISAGREE The Editor’s note

Intergovernmental meetings always look for agreement, as if accord is the only justification for assembly. The intergovernmental Commonwealth seeks consensus and, it is said, even as few as one or two dissenting or undecided governments can cause an idea to be dropped, diluted or deferred. This year’s 58th Commonwealth Parliamentary Conference, held in September in Sri Lanka and reported in this issue, demonstrates that great value can also come from the free and full expression of differences of opinion.

There was no agreement at the conference on whether the Commonwealth should establish a commissioner for democracy, the rule of law and human rights, an office recommended for – and still being considered by – the intergovernmental Commonwealth.

Disagreement did not stop at that thorny Commonwealth issue from being keenly debated.

In another session in Colombo, some Parliamentarians advocated including precise, and therefore potentially justiciable, social and economic rights in constitutions while others argued that this was at best ineffective and at worst inappropriate.

Strongly voiced differences of opinion were heard on how and to what extent Parliaments should scrutinize foreign affairs. The idea of gender-responsive budgets did not receive universal acclaim, nor did the

idea of placing unemployed youth in voluntary work to gain experience and keep them meaningfully occupied till they find jobs. The idea of sacrificing certain human rights of all citizens in order to implement effective counterterrorism measures went down well with some Members, but not at all with others.

The Summary Reports of annual Commonwealth Parliamentary Conferences and the accompanying Small Branches Conferences have always reflected the main points of agreement and disagreement expressed in these gatherings of Parliamentarians whose personal and political backgrounds are as diverse as the variety of the Parliaments and Legislatures – and Commonwealth jurisdictions – they represent. But the differences of opinion seemed to be more numerous this year than usual, perhaps a reflection of the pressures resulting from the difficult economic and financial times globally. Whatever the cause, many differences of opinion were put forward at the Sri Lankan conference

by Parliamentarians in frank exchanges that sought to convince others to change their positions or, failing that, to enable everyone to understand clearly why firm positions had been taken. The Commonwealth Parliamentary Conferences and the Small Branches meetings are held to increase understanding as well as to provide new and useful ideas

that individual Members and officials can take home, adapt to their diverse situations and add to the diversity of Commonwealth parliamentary practice. The meetings in Sri Lanka demonstrated that this can be done just as constructively when Parliamentarians disagree as when they agree.

The Summary Reports of the 58th Commonwealth Parliamentary Conference, the 32nd Small Branches Conference and the Commonwealth Women Parliamentarians discussion are published in this issue. We also publish the Opening Ceremony speeches of the President of Sri Lanka and 2012 Vice-Patron of the CPA, H.E. Mahinda Rajapaksa, and the following Commonwealth Parliamentary Association Officers: Hon. Chamal Rajapaksa, MP, Speaker of the Parliament of Sri Lanka and President of the CP; Rt Hon. Sir Alan Haselhurst, MP, of the United Kingdom House of Commons and Chairperson of the CPA Executive Committee, and Hon. Mninwa Johannes Mahlangu, MP, Chairperson of the South African National Council of Provinces and Vice-President of the CPA. Major addresses to plenary conference delegates by CPA Secretary-General Dr William F. Shija and Commonwealth SecretaryGeneral H.E. Kamalesh Sharma are published here in full, followed by a

summary of the short question period that followed.

The plenary conference, held in the Bandaranaike Memorial International Conference Hall and attended by more than 600 Parliamentarians and parliamentary officials, was chaired by Mr Speaker Rajapaksa.

The Small Branches met in the Galadari Hotel, where the Sri Lankan Branch hosted the 1995 conference.

During the 2012 conference period, the CPA Executive Committee, the CPA Working Party and the Commonwealth Women Parliamentarians Steering Committee and general meeting were also held, as was the CPA General Assembly, the supreme governing body of the Commonwealth Parliamentary Association. The Society of Clerksat-the-Table also held meetings for Commonwealth Clerks and Secretaries of Parliaments and Legislatures.

We are indebted to the following parliamentary officials who assisted the conference by writing some of the session summaries published here: Ms Elizabeth Kingston of Canada, Mrs Rabi Audu of Nigeria, Ms Madeleine Foley of New South Wales and Ms Anne Harris of Jersey.

They were joined by the following Sri Lankan officials: Mr I.L.A. Jabbar, Ms Pamodha Senarathne, Mr G.V.S. Wijesinghe, Mr G. Jeyachandra and Mr D.D.V.N. Dhammage. In addition

232 | The Parliamentarian | 2012: Issue Four

Inside Issues.indd 232

17/01/2013 11:46:56

INSIDE ISSUES

Choir singers during the opening ceremony in Sri Lanka.

to summarizing some of the sessions, the Hansard staff of the Parliament of Sri Lanka produced a highly commendable verbatim transcript of the proceedings of all the sessions which can be found on the CPA website.

Conference participants noted the full participation of Sri Lankan

Members from both sides of the House. They put aside their very strongly held political differences to support Mr Speaker Rajapaksa, Deputy Speaker Hon. Chandima Weerakody, MP, and the Sri Lankan Branch of the CPA to provide what was a highly effective forum for the exchange of views. They

could not have done so without the exemplary organization of the Sri Lankan parliamentary secretariat under the direction of Mr Dhammika Dasanayake, the Secretary-General of Parliament, and Deputy SecretaryGeneral Mr Neil Iddawala, who acted as Conference Co-ordinator.

The Parliament of Sri

Lanka successfully staged a Commonwealth parliamentary forum that may not have always reached agreement on global issues, but it did enable Members from throughout the Commonwealth to understand their differences more clearly and therefore to understand each other and their own roles better.

The Parliamentarian | 2012: Issue Four | 233

Inside Issues.indd 233

17/01/2013 11:41:25

VIEW FROM THE CHAIR

CPA 2013: LOOKING AHEAD

was productive, covering a range of topics concerning next year’s programmes In my last “View from the Chair”, I expressed my gratitude to the Parliament and activities. To improve the transparency of the committee, the meeting of Sri Lanka for hosting our Annual Conference and praised the delegates in was minuted and those minutes will be disseminated to the CPA Executive attendance for working so hard to ensure it was a productive and worthwhile Committee. event. CPC 2012 marks the end of the Commonwealth Parliamentary At the meeting I stressed the importance to the CPA of concentrating Association calendar for 2012 and so now is a good time to look ahead to the on wider engagement with the Commonwealth. As mentioned in Sri Lanka, coming year; there is a great deal to be hopeful about!

I shall shortly be writing to every Speaker and Presiding As I write this, the 5th Commonwealth Youth Officer, encouraging them to ensure that on or close to Parliament (CYP) is taking place in London; this is the Commonwealth Day every Chamber should have a debate first of the annual CYPs, approved by the Executive dedicated to the Commonwealth and hopefully the CPA. Committee in Sri Lanka as a fixture in the CPA calendar.

The CPA must also play an active role in promoting With the Speaker of Andhra Pradesh observing this year’s, the Commonwealth Charter, which was approved by I am confident that Legislatures will be eager to take up the Commonwealth Foreign Ministers Meeting in New the baton in future years. The Commonwealth Youth York in September. We have a responsibility as a leading Parliamentarians I have had the pleasure to meet are Commonwealth organization to play our part in promoting enthusiastic, engaged and eager to make as much of the and publicizing the Charter, and especially those aspects opportunity as possible. If they are representative of the pertaining to democracy, the rule of law and good governance next generation of Parliamentarians, I am optimistic for the as well as other articles relating to our work. future.

Unfortunately, the Commonwealth does not rank as In Sri Lanka, the Commonwealth Women Rt Hon. Sir Alan Haselhurst, highly as it should in the foreign policy priorities of many Parliamentarians’ Steering Committee took on board a MP, United Kingdom, and Commonwealth governments, Parliaments and, most number of the proposals I had sent them for consideration.

Chairperson of the CPA importantly, the public.

I am pleased that they accepted my suggestion and that Executive Committee As Parliamentarians, we have the capacity and influence more funding will be found to support regional CWPs. to raise its profile and educate our constituents on its We must work towards building step by step active CWP values and relevance. In London, I am committed to working with as many structures in every region to ensure programmes and outreach work can be Commonwealth civil society organizations as I can to strengthen our shared developed. I am a passionate believer in gender equality and I believe we must all purpose and ideals. I hope that this work will continue to build momentum until the continue to campaign to promote the CWP and to ensure it becomes the lead Commonwealth Heads of Government Meeting in November 2013, where our women’s parliamentary caucus in the Commonwealth. The recent International aspiration is to hold a Commonwealth Democracy Forum concurrently with the Parliamentary Conference on Gender in Politics in London in November was main Heads of Government Meeting. The Secretary-General and I will continue attended by the CWP Chairperson, Hon. Speaker Alix Boyd-Knights, MNA, Viceto work to develop this project.

Chairperson Ms Myrna Driedger, MLA, and former Vice-Chairperson Rt Hon. Other key events in 2013 include our Mid-Year Executive Committee Rebecca Kadaga, MP. I am certain its workshops and discussion sessions will Meeting, which the Legislative Assembly of the Cayman Islands and its Speaker, produce positive long-term results at national and grass-roots levels.

Hon. Mary J. Lawrence, MBE, JP, have generously agreed to host in March. One Since the Annual Conference, I have travelled to Cape Town, South Africa, core issue for discussion will be the report on the CPA Headquarters Secretariat and met with the CPA President, Chairperson Mahlangu, as well as the CPC staffing review, which was conducted by Cass Business School. Having seen the 2013 organizing team. I am extremely confident that next year’s conference report, I am positive that implementation of its recommendations will lead to an will be well organized and efficiently run. Additionally, I chaired the Co-ordinating even more effective Secretariat and will be to the great benefit of the Association.

Committee, which met in early December in London and was also attended by As ever, I also remain committed to seeking resolution on the issue of the Vice-Chairperson, the Treasurer and the Secretary-General. The meeting 234 | The Parliamentarian | 2012: Issue Four

View from the Chair.indd 234

17/01/2013 11:55:38

VIEW FROM THE CHAIR

the CPA’s status, and the report from Wilsons Solicitors on this subject will be rigorously examined by the Executive Committee at its mid-year meeting, along with constitutional reform. Due in part to recent branch developments, the CPA is at a clear turning point in its future. There must be a clearer focus

on an agenda of reinvigoration and reform, coinciding with a similar move from the Commonwealth itself. It is therefore an opportunity I look ahead to the coming year’s programme and to ensure a distinguished future course for the Association.

The Chairperson of the CPA Executive Committee welcoming participants to the Fifth Commonwealth Youth Parliament in London in December.

The Parliamentarian | 2012: Issue Four | 235

View from the Chair.indd 235

17/01/2013 11:55:54

VIEW FROM THE CWP

SHARING EXPERIENCES TO GENERATE INTEREST AND ACTION IN THE GENDER FIELD

There were differing views on whether or not there should be a women’s As you will read in this issue, the 58th Commonwealth Parliamentary Conference agenda in Parliament. On the one hand, Members from the African region felt held in Colombo, Sri Lanka, in September discussed “Engaging Political Parties that a women’s agenda was of paramount importance to Improve Gender-Responsive Governance” as the in Parliament. In many of their countries, women are not topic of one of the eight workshops. Further, “Strategies elevated to positions of leadership in society and are to Increase Women’s Representation in Parliaments oppressed as the weaker and lesser sex with men being in Small States” was discussed at the Small Branches superior. Women who choose to elevate themselves Conferences which preceded the main conference. The are sexually, physically and emotionally intimidated and conference period also included business meetings of the sometimes even violated. Legislation was one proposal put Commonwealth Women Parliamentarians (CWP) and forward to ensure that a certain percentage of parliamentary the CWP Steering Committee and a full CWP session seats are reserved for women. on the topic “Is there such a thing as women’s agenda in There was the view that we women are sometimes Parliament? If not, why not? If so, what should it be?” My our own worst enemies in the struggle to increase female Dominican parliamentary colleague, Sen. the Hon. Tammy parliamentary representation in that female constituents Jean-Jacques who attended the Sri Lankan meetings often favour male candidates over candidates of our gender. with me and helped me to write this CWP View, joined me The majority in each of our electorates is female, yet men in the discussions. We found them and the networking Hon. Alix Boyd Knights, MHA are victorious in many of the elections where there are also with other women Parliamentarians extremely valuable in Speaker of the House women candidates. promoting the advancement of women in Parliament. of Assembly, Dominica, On the other hand, the accomplishments of women Sen. Jean-Jacques and I also attended meetings and Chairperson of the in politics and other positions of authority was felt to be in Colombo of the Commonwealth Parliamentary Commonwealth Women undermined by the suggestion that a woman’s agenda Association Executive Committee. When one considers Parliamentarians. should be separate and distinct from a man’s in Parliament. that the huge continent of Africa with a population of over The view was expressed that, on the contrary, a woman and one billion has six Members on the Committee and a small a man should share the same agenda in Parliament since we country such as Dominica with a population of 71,000 had all are aiming for equal rights and privileges and the opportunity to compete on a two at this meeting, both us of women, it says a lot for the opportunity Dominica level plain. and its women Parliamentarians have had to help influence the direction of this In instances where issues affect women directly, male Members of prestigious international body.

Parliament should be made to understand that such issues affect them indirectly I chaired the CWP discussion session in my capacity as Chairperson of the and so from that point of view should adopt these issues and agendas as their CWP and I shared with colleagues news of my recent book Women in Politics own. Delegates from the Canadian and Caribbean regions shared this view. in Dominica: Past and Present, which was very well received. The publication This and other debates at the 58th Commonwealth Parliamentary highlighted the role that women in my small Caribbean island have played in our country’s development and strengthened the view that the Millennium Conference were very enlightening and highlighted the fact that irrespective of Development Goal set by the United Nations and the Commonwealth Heads size and geographic location, many countries of the Commonwealth share similar of Government goal of 30 per cent representation of women in Parliament by problems in the gender field as well in other matters under discussion. The threat 2015 is realistic and so should be achievable. The consensus was that every of terrorism, for example, transcends the borders of the Asian region. Social ills Commonwealth country should be encouraged to compile such a publication such as youth unemployment and limited access to health care and education with a view to highlighting the achievements of their country’s women in politics are not unique to the Caribbean region. There is much work still to be done to as well as using such a publication to encourage more young women to enter allow women fair opportunities to succeed in family life, the business environment politics. The CWP should spearhead this initiative. and politics.

236 | The Parliamentarian | 2012: Issue Four

View from the CWP.indd 236

17/01/2013 11:56:43

VIEW FROM THE CWP

One of the sessions which stimulated much discussion among Members from my region and from other small Parliaments focused on “Measuring Progress and Well-being beyond GDP in Small States”. Delegates felt that even if the GDP shows economic growth this does not reflect the social progress of countries. Other factors to be taken into account were said to be peace, happiness and personal satisfaction.

Delegates also shared experiences in trying to meet the challenge of increasing GDP within their respective countries due to factors such as limited capacity, lack of resources, the practices of international markets and global influences such as global economic recessions.

The final plenary focused on “The Role of Social Media in Modern-day Politics”. The discussion involved strategies to effectively use social media such

as Facebook, Twitter and electronic mail to stay connected with the electorate, particularly for Members representing large constituencies or districts. Delegates were also cautioned on the down-side of over-reliance on these forms of communication especially where internet, cell phones and other electronic devices are not readily available to all.

The conference provided an opportunity for networking so Members from the more experienced Parliaments and from the developing countries can learn from best practices in all matters relating to Parliament and parliamentary procedure. I want to express my heartfelt thanks to the Parliament of Sri Lanka for hosting us, and especially to all the Parliamentarians from throughout the Commonwealth who so willingly shared their experiences to make us all better representatives of the people.

Hon. Alix Boyd Knights, MHA, speaking at the CWP session in Sri Lanka.

The Parliamentarian | 2012: Issue Four | 237

View from the CWP.indd 237

17/01/2013 11:57:16

VIEW FROM THE SECRETARY-GENERAL

DEMOCRACY AND HUMAN RIGHTS

In recent years, many parliamentary groups have focused their discussions on the relationship between democracy and human rights.

The Strategic Plan of the Commonwealth Parliamentary Association for the period 2013-2017 lists human rights and national and personal security as among the five areas of concern and programme planning. The two areas are vitally important in that they must always form the basis of meaningful democratic practice in any society, large or small, developed or developing.

Democracy is a political and social process which professes equality, equality before the law as well as gender and racial equality. Political processes such as elections prescribe the principle of “one-person-one-vote”.

This principle shows that no matter where one belongs in

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

society, he or she will have only one vote to cast in a political or social contest. The principle also prescribes that the result of votes that have been cast to produce the winners and losers must be respected. It is on this basis that at the recently held 5th Youth Parliament in London, I advised the “Young Parliamentarians” that the strengths of the Commonwealth must always be based on democracy and equality.

The reason why I advocate that democracy must be practised to give full meaning to society is that some individuals still fail to understand that in competing ideas for social order and development, one must accept defeat as a possible result. In a well-conducted vote for anything – a Bill tabled in Parliament, a motion moved in Parliament or other body, a recommendation made in any group setting – the expectation is that there will be winners and losers. The

The Secretary-General’s

The Secretary-General (right) with the then Speaker of the Norfolk Island Legislative Assembly, Hon. Robin Adams, MLA, (centre) and Acting Administrator for the island, Mr Keith Young (left).

238 | The Parliamentarian | 2012: Issue Four

View from the SG.indd 238

17/01/2013 11:58:31

VIEW FROM THE SECRETARY-GENERAL

the principle of democratic equality was flouted. There are times when electoral losers must then be prepared to admit to try again later on. This is what must be bodies, political parties or government security organs disrupt the democratic emphasized in theory and practice as the strongest democratic principle in the practice, depriving individuals and groups of their rights and equality in the Commonwealth and beyond. democratic process. We It is my view that the in the Commonwealth Commonwealth must need to assist ourselves always emphasize The Commonwealth needs to continue using considerable to hold dear the principle the point of equality resources to advocate the principles of democracy through of equality in democracy as a democratic equality and human rights. if our young and practice. There are mature citizens are to still elements in many benefit politically and societies that violate economically. this principle because The second aspect some individuals or of the principle of groups do not consider equality in democracy other individuals or is human rights. The societies to be equal observance of human to them. It really means rights at national and that all individuals international levels has must respect the not been easy. principle of equality History shows through democracy that there was a time by accepting that when some nations when something gets subjected other nations decided based on a to untold human majority vote it must be misery, enslavement respected. and colonialism.

Some of our Through long struggles, member states have countless small and big found themselves in wars, independence and serious political and freedom were obtained. social conflict because

Commonwealth gallery

The CPA Co-ordinating Committee seated from left: Treasurer Hon. Marwick Khumalo, MP; Vice-Chairperson Hon. Nafisa Shah, MNA, and Chairperson Rt Hon. Sir Alan Haselhurst, MP, with SecretaryGeneral Dr William F. Shija. CPA Secretariat staff are standing behind.

Dr William F. Shija (left) receiving a gift from the Speaker of the Andhra Pradesh Legislative Assembly, Hon. Nadendla Manohar, MP, (right) at the CPA Secretariat.

The Parliamentarian | 2012: Issue Four | 239

View from the SG.indd 239

17/01/2013 11:58:45

VIEW FROM THE SECRETARY-GENERAL

The United Nations system has since emphasized the observance of human rights to liberate individuals and groups from criminal and hegemonic practices.

Nevertheless, the contemporary world is still witnessing horrible treatment of citizens within their nations, the ill-treatment of women and children and human trafficking as serious physical and psychological crimes perpetrated by people for profit or power.

Some of the human rights violations have led to genocide, such as the one that occurred in Rwanda in the 1990s, as well as serious human rights violations in Darfur, Democratic Republic of the Congo and several other pockets in the

world where individuals are incarcerated in jails for lack of fair legal trials.

Further, it is unbelievable that in the 21st century we still hear racial discrimination, such as what is currently happening in some sports events. Greed is further dividing the world between the haves and have-nots, depleting natural resources and influencing climate change, and distorting global economic and financial conduct. The problem of human rights is being compounded by a tendency of some groups threatening others to change their cultural practices for economic gains. This cannot be human rights practice.

It is my view that the Commonwealth needs to continue to use considerable

The Secretary-General’s During the 31st CPA Australia and Pacific Regional Conference in the Cook Islabnds, Dr William F. Shija (right) paid a courtesy call to The Queen’s Representative, H.E. Sir Goodwin, KB, (centre), and Lady Goodwin (left).

The Secretary-General (right) handing a certificate to a participant from the Fifth Commonwealth Youth Parliament.

World Bank Institute consultant Dr Rick Stapenhurst (right) paying a visit to the Secretary-General at the CPA Headquarters in December.

The Acting Head of Human Rights atthe Commonwealth Secretariat, Advocate Karen McKenzie, with the SecretaryGeneral.

240 | The Parliamentarian | 2012: Issue Four

View from the SG.indd 240

17/01/2013 11:59:41

VIEW FROM THE SECRETARY-GENERAL

resources to advocate the principles of democracy through equality and human rights.

This means that, besides our traditional Commonwealth-wide programmes for Parliamentarians and parliamentary staff, before and after elections, we need more engagement in the fields of equality

and human rights to involve all citizens, young and old.

This will mean that several of our civic and educational institutions need to be involved and participate.

On this aspect, I immensely appreciated that the Commonwealth Parliamentary Association Norfolk Branch recently invited me to speak

to young citizens at a school on democracy and the Commonwealth and at a conference to promote their local language.

I wish to end my view for this year 2012 by inviting every Commonwealth citizen to propound the virtues of equality and human rights by accepting equality in practice

and giving every citizen the right and opportunity to enjoy his or her human existence.

This is why I have high hopes in the Commonwealth Charter as recommended by the Eminent Persons Group report last year and currently being discussed across the Commonwealth.

Commonwealth gallery

Cook ’s eft).

A Member of the National League for Democracy of Burma, Dr Aung Moenyo, MP, (right) and its U.K. representative, Dr Win Naing, (centre) meeting with the SecretaryGeneral in December.

The Chief Minister of Norfolk Island, Hon. David Buffett, AM, MLA (left), accompanied by then Speaker Robin Adams,(centre), shows the Secretary-General (right) around the Norfolk Island Central School.

The Parliamentarian | 2012: Issue Four | 241

View from the SG.indd 241

17/01/2013 11:59:57

PLENARY SESSION - COMMONWEALTH MATTERS 58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Plenary Session - 11 September 2012

THE CPA: CONTINUING PROGRAMMES TO ENABLE PARLIAMENTARY EXCHANGES AND DEBATE ON GLOBAL ISSUES Speech by the CPA Secretary-General, Dr William F. Shija

I feel very delighted that this 58th Commonwealth Parliamentary Conference here in Colombo, Sri Lanka, gives me another privilege to address you this afternoon. I join the Chairperson of the Executive Committee, Rt Hon. Sir Alan Haselhurst, MP, United Kingdom, House of Commons, and you distinguished delegates, in the expression of immense appreciation and gratitude to the President of the Association and Speaker of the Parliament of Sri Lanka, Hon. Chamal Rajapaksa, MP, the Parliament and the Government and people of Sri Lanka, for the wonderful reception, hospitality, and excellent arrangements that have been made for all the delegates to this conference. Mr President and Speaker of Sri Lanka, we thank you very much. (Bhohoma Sthuthi) I believe delegates will join me in having noted that Sri Lanka now appears to enjoy its peaceful

atmosphere after years of conflict as we can see the indications of social and cultural vibrancy.

I am very delighted that the Commonwealth Secretary-General, His Excellency Kamalesh Sharma, is able to join us this year and I wholeheartedly welcome you, Your Excellency, and your delegation. I am happy to note that as Commonwealth Secretary-General you continue to support the community of Commonwealth Parliamentarians through a number of programme activities, including attending our conference, in person, or by representation. Although you were unable to be with us for our centennial conference in London last year, I am glad that you were ably represented by your Deputy Secretary-General, Mrs Mmasekgoa Masire-Mwamba.

This year’s conference theme, “Ensuring a Relevant Commonwealth for the Future” and the scheduled workshops, further reflect on our

century-old dynamic process to promote parliamentary democracy in the Commonwealth and beyond.

Simply defined, parliamentary democracy is governance based on majority rule with minority share.

When I addressed you last year in London, I recounted how the CPA at 100 had gone through the thick and thin of peaceful and conflict periods; moved on to eliminate discriminatory laws; strengthened voting systems; reformed the administration and funding of parliaments; established new parliamentary structures; and promoted parliamentary international diplomacy. These activities, facilitated by numerous physical and remote communications, were realized through the various programmes we undertake every year.

Mr President, many delegates will recall that just over ten years ago, the CPA established the system of periodic five-year Strategic Plans; the first being for 2002-2006 and the

second being for the period 20072012. It is my expectation that the General Assembly will endorse the third Strategic Plan for the period 2013-2017, here in Colombo, on Friday 14 September, having been approved and recommended by the Executive Committee. To improve the implementation of our next Strategic Plan, we will develop annual Business Plans with indicative and measurable objectives for implementation.

In addressing you today, I wish to emphasize that the delivery of the Commonwealth Parliamentary Conference is a highlight in our programme activities. It is part of the implementation of the current Strategic Plan for 2007-2012. The Conference theme of this 58th conference is meant to enable delegates to reflect on the challenges raised by the Eminent Persons Group (EPG) which was formed by Commonwealth Heads Government in Trinidad and Tobago in 2009 and

242 | The Parliamentarian | 2012: Issue Four

Commonwealth Matters.indd 242

17/01/2013 12:05:53

PLENARY SESSION - COMMONWEALTH MATTERS

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

reported in Perth last year on what could be done to strengthen the Commonwealth.

For this reason, I feel obliged to once again, thank the CPA Sri Lanka Branch for hosting this conference.

The hosting of the Annual Conference is a major exercise and I believe delegates will join me in commending Sri Lanka for hosting the Conference for the third time in the history of our Association, having first done so in 1974, 1995 and this year.

On our part, this conference is therefore a continuation of the programmes kit that we expend considerable resources each year to enable members and parliamentary staff to exchange and debate parliamentary and other global issues. It is through events such as this conference programme that Commonwealth Parliamentarians effectively participate in the examination of national, regional and

international issues such as terrorism, human trafficking, international trade, climate change and others.

The CPA programme activities reflect the broad categories of our current Strategic Plan; that is, Professional Development for Members and Staff; Technical Assistance for Branches; Assistance to improve Human Rights; Global, National and Personal Security; and Sustainable Development.

It is through these broad-based programme areas that we are able to support our Member Branches and respond to branch or regional requests based on the available resources each year.

For example, for decades now, our professional development workshops for members and staff have included the rotational annual Commonwealth Parliamentary Seminar such as the one held in New Delhi, India, last year, the one in Samoa this year and the Canadian Seminar held in

Ottawa each year. We also have been convening several workshops on Benchmarks for Democratic Legislatures; Post-Election Seminars for Branches; and the annual and Small Branches Conferences.

There have also been Government and Opposition Workshops in Nigeria for West Africa and Tanzania for East Africa that were held in partnership with the Commonwealth Secretariat; Staff Development Workshops at Regional level, as well as Technical Assistance Programmes to support Branches such as Bougainville, the Solomon Islands, Malawi, Swaziland and Guyana. All these activities significantly contribute to the strengthening of parliaments and elevate the relevance of the Commonwealth.

In the area of gender, the CPA has continued to support the work of the Commonwealth Women Parliamentarians. Governance

programmes to promote gender equality and equity in the work place have been held in cooperation with the Commonwealth Secretariat and other partners. For example, last year, the Commonwealth Women Parliamentarians Pacific Region Gender and Democracy Seminar was held in New Zealand.

Also, the number of women elected as Members of Parliament and those who attend CPA events has over the past 10 years steadily increased. The CWP Chairperson regularly writes to CPA Branch Presidents encouraging them to include more women in their delegations to the Annual Conference because this is a very enriching parliamentary experience.

I am happy to recall that we have worked closely with the first CWP Chairperson, Hon. Lindiwe Maseko, Speaker of Gauteng, MPL, Hon. Kashmala Tariq, MNA, of Pakistan as well as the current CWP Chairperson,

The Parliamentarian | 2012: Issue Four | 243

Commonwealth Matters.indd 243

17/01/2013 12:06:12

PLENARY SESSION - COMMONWEALTH MATTERS

Vice-President of the CPA Africa Region and Speaker of the Gauteng Legislature, Hon. Lindiwe Maseko, MPL, (in white) listening to the Secretary-General during the Plenary.

Hon. Alix Boyd-Knights, MHA, Speaker of Dominica.

Also, I am happy to note that a recent three-year CWP work programme has provided focus and impetus for the Association. A triennial CWP Conference in the final year of the term of the CWP Chairperson is organized at the Annual Conference; and at its 2010 meeting in Kenya, the General Assembly agreed that the CWP Chairperson become one of the Officers of the Association.

I believe that these steps, which promote the participation of women in public service through Parliaments, are highly relevant to the future of the Commonwealth.

In the area of global, national and personal security, our programme events have always focused on debates on human trafficking, the rights of women and children, migration, and other related issues.

The CPA has had rich discussions and considerable experience to assist Parliaments and countries in post-conflict situations. This type of programme could benefit countries such as Sri Lanka, and the CPA will examine the possibility of planning and implementing a relevant programme for Sri Lanka in the near future, particularly in cooperation with the Commonwealth Secretariat and

the Parliament of Sri Lanka itself.

With regard to Commonwealth Promotion activities, the CPA has an annual Commonwealth Day programme which brings together over 35 Commonwealth citizens aged between 18 and 26 at CPA Headquarters to introduce participants to the Commonwealth, the CPA, democracy and parliamentary affairs, and includes a tour of the United Kingdom Parliament. Commonwealth Day and Youth Parliament activities across branches are usually supported by the Secretariat through modest grants.

The brief programme activities I have described are usually made possible because of four main factors: that is, programme source, funding, host Branch availability and partners.

I therefore kindly request you to continue to identify these areas that your Parliaments and Legislatures can base a programme request, since this is an important principle in a member-driven organization such as ours.

It is gratifying for me to note that at present our Association is financially healthy to enable an increase in the volume of programme activities through short and medium term proposed events.

The other factor that energises

our activities and programmes is our relationship with partners. Over the years, the Association has built close partnerships with almost all organizations that carry out parliamentary work, either through research or issue-based events. The Commonwealth Secretariat and other Commonwealth organizations make up the main partners. We believe that good partners enable us to add new methods of expanding the relevancy of the Commonwealth.

The CPA programme activities are facilities to strengthen the effectiveness of Parliamentarians and parliamentary staff. Over the past decade, the CPA and partners have contributed much to parliamentary reform and strengthening. For example, last year, the CPA and the World Bank Institute co-published a major book on Parliamentary Reform in Africa after several years of cooperation on the subject.

Earlier in 2006, we introduced the Benchmarks for Democratic Legislatures, a programme which continues to assist many developing Parliaments to modernize their parliamentary procedures and practices.

Mr President, distinguished delegates, let me end my remarks by requesting that every one of us may

wish to use the opportunity available at this conference to further expand the fraternity and friendship through the CPA. We need to continue to overcome our cultural and gender barriers for a better Commonwealth. Let us use the opportunities at this conference in Sri Lanka and future activities to strengthen equality and eliminate divisive elements that could weaken the relevance of the Commonwealth in future. Also, the development partnerships that lead to the reduction of poverty should be maximized in the Commonwealth.

Mr President, the CPA successes have always been made by all in the family. I therefore wish to recognize the extensive contribution and guidance of former and present Chairpersons and Members of the Executive Committee, as well as our Speakers and Presiding Officers. In the period under review and now, they have always provided guidance, encouragement, and clear policy direction based on a democratic process. I respectfully and highly commend our Speakers and Presiding Officers who make decisions for our Branches’ participation in our activities such as this conference in Sri Lanka and several others.

I also wish to thank my colleagues, the Regional and Branch Secretaries for their most valuable, extensive and dedicated contribution and assistance in communicating the essential information that make the life line of our Association. And last but not least, I sincerely thank my colleagues, all the staff of the CPA Headquarters Secretariat, who constantly team up with me to keep the CPA machinery constantly moving.

I wish you all a happy and successful conference and look forward to working with you to prepare for the next and 59th Commonwealth Parliamentary Conference in Johannesburg, South Africa.

Thank you very much for your kind attention.

244 | The Parliamentarian | 2012: Issue Four

Commonwealth Matters.indd 244

17/01/2013 12:06:27

PLENARY SESSION - COMMONWEALTH PARLIAMENTARY CO-OPERATION

DRAWING TOGETHER ALL THAT IS BEST FROM COMMONWEALTH PARLIAMENTS Speech by the Commonwealth Secretary-General, Mr Kamalesh Sharma

Distinguished Parliamentarians, eminent guests, I thank the Commonwealth Parliamentary Association, its Chair, Sir Alan Haselhurst, and its Secretary-General, Dr William Shija, for kindly inviting me to be here with you.

I also thank our host, the Speaker of the Parliament of Sri Lanka, the Hon Chamal Rajapaksa. I congratulate him for the excellent arrangements for this conference, and for the spectacular show last evening.

The CPA is a vital component in the global architecture of the Commonwealth and an indispensable partner working alongside the Secretariat in our shared mission of advancing Commonwealth values, with democracy, development and respect for diversity foremost among them.

Indeed with the CPA having celebrated its 100th anniversary last year, and the modern Commonwealth itself now being well over sixty years old, we can truly claim to be travelling companions on a very long journey.

Parliaments lie at the heart of democracy and are held in uniquely high esteem by the Commonwealth.

And the CPA helps draw together all that is best from these organs of representative

democracy from across the Commonwealth family.

The vast wealth and breadth of experience convened by the CPA never fails to impress - more than 16,000 members from 170 parliaments in 52 Commonwealth countries; it is a truly phenomenal grouping.

Your members represent national and provincial assemblies, unitary and federal states, vast states and tiny ones - and the CPA enables them to connect, interact and deepen understanding of their respective roles and responsibilities as representatives of the people.

An outstanding feature of the Commonwealth as a community is its capacity to convene and connect, bringing people and institutions together to share experience, helping each other for mutual and collective benefit. This is the essence of the CPA and of the Commonwealth as a whole; it always has been and always will be.

Her Majesty The Queen, of course, summed it up best when she called the Commonwealth, “the original worldwide web”!

It is this spirit, this benefit, which, I believe, is integral to what the Commonwealth can do and what it can continue to be in future.

I am also delighted to be in Sri Lanka, a country where civilisation stretches back to ancient times, a vibrant parliamentary democracy since independence, a melting pot of religions, ethnicities and culture, a country that is known for the warmth of its welcome and hospitality.

Sri Lanka holds a special place as one of only three emerging sovereign states amongst the small total of eight that in 1949 came together as signatories of the London Declaration marking the foundation of the modern Commonwealth. And we are pleased that Sri Lanka will also host our next Heads of Government Meeting next year. Both this conference and the Heads’ summit in 2013 offer opportunities for Sri Lanka to make an important contribution to the Commonwealth and the world beyond.

This country has seen many years of painful and traumatic civil conflict. Its overcoming the forces of terrorism is a major achievement.

We believe Sri Lanka recognises that, having won the war, it is now important to build the peace. We welcome the steps being taken to implement recommendations of the Lessons Learnt and Reconciliation Commission, through a National Action Plan.

I have had discussions with the Minister of External Affairs and others this week on how Sri Lanka is promoting post-conflict reconciliation and rehabilitation, and am grateful to be received by President Rajapaksa tomorrow. I hope also to see for myself some of the important work the Commonwealth has been requested to do, in partnership with Sri Lanka, to promote youth entrepreneurship in conflict-affected areas.

Sri Lanka knows that the Commonwealth is a willing and able partner, with a wealth of experience to share wherever this might be welcome. Hosting the Commonwealth Parliamentary Conference as well as next year’s CHOGM is a signal honour and trust for Sri Lanka.

Parliaments and Parliamentarians embody the culture of democracy in a country. Legitimacy is derived from the freely expressed will of the people through national Parliaments, state assemblies and local councils that, in turn, serve the people by holding the executive to account and by ensuring democracy delivers for all.

We often speak of the globalising world in which we live. This heightens our awareness that while the standard of living for many is being

The Parliamentarian | 2012: Issue Four | 245

Commonwealth Matters.indd 245

17/01/2013 12:06:40

PLENARY SESSION - COMMONWEALTH PARLIAMENTARY CO-OPERATION raised, too many are still being left behind. The global context within which the Commonwealth strives for the advancement of all remains one in which the gap between rich and poor is enormous and, in too many instances, continues to grow.

‘Democracy’ and ‘development’ were often referred to as the twin pillars of our work at the Commonwealth Secretariat, with each inseparably combining with the other as we seek to deliver the benefits of both for the common good. To these, we now add ‘diversity’, also a hallmark feature and Commonwealth value – equality for all in our populations.

This symmetry is important: for stable and sustainable progress to be achieved, it is necessary for democracy and development and respect for diversity to be advanced together, never pressing ahead with one to the detriment of the others.

They reinforce each other, sustain each other, and each person needs them all.

All our Commonwealth Parliaments, and all members of our family of Commonwealth organizations, must continue to strive in particular to build positively on the richness and potential of our diversity, and avoid our differences becoming a source of sterility let alone division.

That is the Commonwealth way, and it is a way of working that can be challenging but must be nurtured at all times. Our responsibility as leaders and representatives is to model strength and harmony in diversity to our own members and to the wider world.

We have now worked with the CPA for many years on a series of ‘Government and Opposition’ workshops.

These aim to foster a more constructive relationship between governing and opposition parties, one which is conducive to working together within a democratic framework, that places harmony, the communal good and inclusive development above partisan considerations – vital though party loyalties and policy are if there is to be

The Commonwealth Secretary-General, H.E. Mr Kamalesh Sharma, in Sri Lanka.

a genuine democratic choice for the electorate and a robust public debate.

Our most recent workshop in this series brought together representatives of governing and opposition parties in East Africa. This builds upon similar events in Asia, West Africa, the Pacific, Southern Africa and the Caribbean.

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

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

Such confidence can only really be secured if Parliamentarians – of both the majority and minority parties – can show their effectiveness in leading free and unfettered public debate; in representing the interests and concerns of their constituents; in holding the government to account; and in scrutinizing, improving, and enacting legislation. This is the supreme Commonwealth value – the Parliament is where the heart of democracy beats.

These CPA conferences

therefore remain as important as ever – particularly as we see a growing sense of impatience and heightened ambition among young people for the opportunity of making a contribution to shaping the world in which they will live, learn, work and care for their families.

In a Commonwealth that now encompasses 54 countries, two billion people and a multitude of faiths, races, cultures and traditions it is remarkable, and a tribute to our methods of working together on a basis of trust and consensus, that we have found common ground on core values and principles and continue to cooperate on collective practical action across such a broad range of issues.

Your conference theme is “Ensuring a Relevant Commonwealth for the Future”. This is a topic on which we should constantly reflect, and indeed over recent months and years it has been assessed and commented on by a whole range of stakeholders, from citizens at the grass roots level to an Eminent Persons Group to Heads of Government.

It is not that the Commonwealth is irrelevant. But wide consideration of

this topic, including by this conference, is right and proper because the challenges facing us in the world today are as immense as they are broad, and are attended equally by opportunities. It is by evolving, refining and strengthening the focus of our engagement that we can hope to succeed in finding solutions and serving our member states.

In the 2009 Affirmation of Commonwealth Values and Principles, adopted by our Heads of Government, they reiterated their commitment to democracy as a core value. And they reaffirmed their commitment, I quote, to: “...the inalienable right of the individual to participate by means of free and democratic political processes in shaping the society in which they live.”

The promotion of democratic values, alongside development and diversity, thus remains a principal focus of the Commonwealth. It is our ‘USP’, our brand strength, a fount of our continued relevance.

The Commonwealth Ministerial Action Group acts as the custodian of the Commonwealth’s fundamental core political values and, since its establishment in 1995, it has been addressing situations where serious

246 | The Parliamentarian | 2012: Issue Four

Commonwealth Matters.indd 246

17/01/2013 12:06:56

PLENARY SESSION - COMMONWEALTH PARLIAMENTARY CO-OPERATION or persistent violations of those values have occurred.

As such, CMAG has supported the strengthening of democracy in member countries and its role has been globally noted. In 2009, Commonwealth leaders decided they wanted to raise the bar further – a testament to how seriously we take the promotion and upholding of democracy within our family. Leaders not only sought to raise the bar of their political will and commitment, but to back it up with practical action through strengthening CMAG. CMAG itself took on this responsibility and produced a report to Heads for their 2011 meeting in Perth. In the report CMAG set out a series of proposals for how it could more effectively and practically operate as the custodian of Commonwealth political values. This was endorsed by Heads as one of the seminal achievements of that Perth summit. The array of priority concerns identified by them expanded beyond a focus largely on the overthrow of a constitutional democratic government, to now include such concerns as the undermining of the independence of the judiciary; the postponement of national elections without constitutional or reasonable justification; a national electoral process that is seriously flawed; the systematic denial of political space such as through the detention of political leaders or restriction on freedom of association and assembly; the suspension of the lawful functioning of Parliament or other key democratic institutions; significant restrictions on the media or civil society; and, the systematic violation of populations of communities.

The Heads also encouraged CMAG to engage more proactively and positively in partnership with member states.

We therefore now have a CMAG able to respond more effectively to serious or persistent violations. And already, in these first months since receiving that enhanced mandate, it is showing innovative ways of working.

It is a strong advantage of the Commonwealth to be able to forge

partnerships between member countries, which may be from diverse parts of the globe but which often, by virtue of the shared experiences, have a great deal in common when it comes to institutional arrangements and legal frameworks.

Nowhere is this more valid in our work than in our support for elections.

We are placing an increased focus on supporting electoral processes and institutions. Democracy is of course far more than just the holding of elections, and we still place a great emphasis on our Latimer House Principles concerning the separation of powers, and supporting all democratic institutions.

We continue to observe elections and believe this makes a valuable contribution to the strengthening of the electoral process. At all times, we have important elections where the Commonwealth is likely to be called to serve. We also work closely with countries in strengthening electoral processes between elections.

Elections are a key focus, as they blight nation-building and demoralise citizens when they go wrong.

The quality of a country’s election is, to a large extent, dependent upon the quality and the independence of its election management body, and the independence and support given to it. They make the pivotal difference. Our aim is to ensure that Commonwealth election commissions are a force for stability and confidence to the citizens, and uphold the highest standards of electoral efficiency, integrity and credibility.

With this in mind we have established a Commonwealth Electoral Network, bringing together election management bodies as a mutually supportive peer group. The Network has been endorsed by Heads of Government and will be a key tool through which we support democracy in the Commonwealth.

Our ambition is that it will create the ‘gold standard’ globally – not only in the Commonwealth – of elections in democratic service to the people.

I had the pleasure to attend the second biennial conference of the

Network, which was held in Canada in June this year after its launch in Ghana in 2010. We had 60 senior election officials representing 43 election management bodies. Their commitment and camaraderie were inspiring.

The Network now has a secure online digital workspace, where members can connect between peers and collaborate in real time to access information, share experiences, ask questions, and help promote best practices across the Commonwealth in all areas of election management.

The Network’s workspace is part of ‘Commonwealth Connects’, the innovative and contemporary cloudbased pan-Commonwealth digital platform for interaction, transaction and dynamic sharing of knowledge across the Commonwealth by member states and communities of practice.

As ‘Commonwealth Connects’ expands and new functions are added it will be an essential tool in assisting in the broader process of Commonwealth reform and renewal by providing an effective technology tool for demonstrating the Commonwealth and its values. It will also increase public visibility and outreach, enable coherence and co-operation among Commonwealth agencies, and generate partnerships and collaboration. Let us take our partnership to a new level, as indeed that between all parliaments of the Commonwealth.

During my tours of member states, I invariably seek meetings with Speakers and Leaders of the Opposition of the country’s legislature.

The role of the CPA also invariably comes up for discussion. In the reform and renewal process now underway, I have made closer partnership with the Commonwealth family integral to the way we advance in the Scoping Paper for the new four year Strategic Plan of the Secretariat, which I shared with member government immediately before coming to Colombo for this conference. The Paper and way the Secretariat works will be considered by Commonwealth

Foreign Ministers at their meeting later this month in New York and thereafter the new Strategic Plan will be fleshed out in detail for adoption by the end of this year.

The theme of relevance was also very much at the heart of the deliberations of the Commonwealth Eminent Persons Group – or EPG – which Heads of Government entrusted me in 2009 to convene to examine options for reform. The EPG submitted its report last year offering 106 recommendations on sharpening the impact, strengthening the networks and raising the profile of the Commonwealth. Most of those have either already been adopted or remitted for further consideration.

Refining and reshaping the work of the Commonwealth for greater impact is a continuing process. We move forward together adjusting our focus to the new opportunities that arise for collective engagement and practical action according to changing contemporary priorities. This flexibility and responsiveness is what gives the Commonwealth its enduring relevance.

Distinguished Parliamentarians, eminent guests, ‘Ensuring a Relevant Commonwealth for the Future’ is our shared task and common aim. Your fingers are on the pulse of people at every level in your respective countries; your position gives you a unique insight into their pressing concerns and their aspirations. It is by speaking to these, and by providing promising and practical ways forward that we reinforce a sense of Commonwealth value, identity and belonging.

I feel sure that the commitment you demonstrate through your presence and participation here bodes well for the level of engagement and the ideas that will flow from this conference. It is this collective dynamic involvement that brings energy and vitality to the Commonwealth.

I thank you once again and I wish this conference well in advancing the values of the Commonwealth and – most importantly – the aspirations of the people you represent.

The Parliamentarian | 2012: Issue Four | 247

Commonwealth Matters.indd 247

17/01/2013 12:07:07

PLENARY SESSION - COMMONWEALTH QUESTIONS

Commonwealth questions

Responding to questions from delegates from South Africa and Malawi about Members’ access to the results of CPA seminars and workshops, Dr Shija told delegates that the CPA publishes

the provision of information via the CPA website so all Members can access the CPA’s growing collection of Commonwealth parliamentary information.

He noted as well that his

observed that the Association worked in partnership with some other organizations to help finance some of its activities.

He asked whether partnerships could also be used as a source of

Dr Shija replied that the CPA works with other organizations in the parliamentary strengthening field, such as the World Bank Institute.

But it is necessary to check the credentials of any organization

new funds to replace resources he said had been lost due to the severe economic crunch affecting some parts of the globe.

Funding for the education and training of disabled children in Botswana was in short supply, he said.

before formalizing partnerships, he advised. The CPA also regularizes partnerships with reputable organizations through the signing of memoranda of understanding and such proposed arrangements are considered by the CPA Executive Committee.

Questions from delegates about access to information on CPA seminars and workshops on funding were answered by the CPA SecretaryGeneral,during the Plenary.

action plans agreed at CPA meetings and a Programmes Booklet is sent to all Branches so Members are made aware of the Association’s contribution to the professional development of MPs and parliamentary staff. Significant advancements are being made in

opening plenary speech and that of the Commonwealth SecretaryGeneral would soon be available to all Members on the CPA website, and Mr Sharma’s speech would also be lodged on the Commonwealth Secretariat website.

A delegate from Botswana

248 | The Parliamentarian | 2012: Issue Four

Commonwealth Matters.indd 248

17/01/2013 12:07:25

CPA MATTERS

CPA StAtement of PurPoSe The Commonwealth Parliamentary Association mobilizes its Parliaments, Legislatures, their Members and staff to advance the consideration of good democratic governance and the institutional and professional development of its membership. It works in the Commonwealth through meetings and publications to discuss: • The democratic representation of all sections of society and both genders; • Parliamentary oversight of the executive; • Parliamentary involvement in formulating legislation and government policy; • The role of small Parliaments; • Parliamentary outreach to the people, and • The independence of Parliament from the executive government.

Adopted by the CPA General Assembly, Colombo, Sri Lanka, September 2012.

The Parliamentarian | 2012: Issue Four | 249

CPA Statement of purpose.indd 249

17/01/2013 12:08:07

WORKSHOP A EMPOWERING FUTURE GENERATIONS 58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Workshop A - 12 September 2012

EMPOWERING FUTURE GENERATIONS THROUGH ACCESS TO HEALTH AND EDUCATION AND VOCATIONAL TRAINING Moderator: Hon. Chandima Weerakkody, MP, Deputy Speaker, Sri Lanka Discussion Leaders: Prof. Carlo Fonseka, Chairperson of the Sri Lanka Medical Council and of the National Authority on Tobacco and Alcohol, Prof. Dayantha Wijeyesekera, Chancellor of Sri Lanka’s University of Vocational Technology, Chairperson of the Tertiary and Vocational Education Commission and a member of the National Education Commission, Dr Sunil Jayantha Navaratne, Secretary to the Ministry of Education, Sri Lanka

Sri Lanka’s achievements for its people in the fields of health and education, producing indices said to be the best in the South Asian region and almost on a par with some developed countries, were highlighted at this conference workshop.

Direct state intervention and massive investment in providing access to free health and education were cited as the major reasons for Sri Lanka’s achievements. Universal suffrage, enjoyed by Sri Lankans since 1931, enabled voters to extract benefits in these fields from successive governments. State intervention in food distribution since the Second World War was also cited as contributing to Sri Lanka’s accomplishments in these vital fields.

Delegates showed keen interest in learning from and sharing the experiences of Sri Lanka in these fields as its policies have in turn contributed to a low unemployment rate, very low infant and maternal mortality rates, adult literacy of 98 per

cent and consistent economic growth of around six per cent a year in recent years.

Health and Challenges in the Health Sector Prof. Carlo Fonseka, Chairperson of the Sri Lanka Medical Council and of the National Authority on Tobacco and Alcohol, based his presentation on challenges and experiences of the Sri Lanka’s health sector. He said Sri Lanka has “an excellent free healthcare system with easy access to health and other related services maintained with state intervention”.

Though the generally accepted notion is that the wealthier the nation, the healthier the people, he said Sri Lanka has been an exception.

Developed countries generally have a far higher Physical Quality of Life Index (PQLI) than their developing counterparts. The three key indices used for measuring the PQLI are the basic literacy rate, infant mortality and life expectancy at age one. High-

income countries have high PQLIs and conversely low-income countries have low PQLIs. However , he said Sri Lanka has proved that this is not always the case. In 1979, Sri Lanka’s per capita income was only U.S.$179 yet he noted it had an remarkable PQLI of 72 units out of 100.

He attributed this to three major reasons: • 1.

State intervention in providing access to health care; • 2.

Universal suffrage, which Sri Lanka enjoyed from 1931, was cleverly used by the people to extract benefits from governments, and • 3.

State intervention in food distribution which commenced in during the Second World War and continued even after the war.

Prof. Fonseka said the overarching principle in Sri Lanka is that the state must look after the health of the people, especially the poor. The government has supported this endeavour in the political, economic and social fronts

250 | The Parliamentarian | 2012: Issue Four

Workshop A.indd 250

17/01/2013 14:57:28

WORKSHOP A EMPOWERING FUTURE GENERATIONS

respectively by being committed to the provision of health services, by investing in the health sector and by being committed to democracy and gender equality.

Sri Lanka’s free education system Dr Sunil Jayantha Navaratne, the Secretary to the Ministry of Higher Education, said that the free education system in Sri Lanka is without parallel with free education provided for all from grade 1 to university.

“The long-term vision of the country is to transform Sri Lanka into the knowledge hub of Asia,” he said.

Universalization of primary

education with education being mandatory from age 5 to 14 has resulted in high-quality primary education with Sri Lanka ranked 42nd in the world, the highest in its region. In addition, Sri Lanka also has the best teacher-student ratio in the South Asian region.

Even more remarkably, the percentage of students who complete primary education stands at 99 per cent, which is one of the best not only in the South Asian region but in all of Asia.

Dr Navaratne said the government had taken further measures to consolidate this position with a host of new programmes including its newest plan to establish 1,000 fully

equipped schools with state-of-theart facilities throughout the island, with at least one in each division. Key focus areas in education are the promotion of information technology, languages, science, business education and values.

He added that the university education system is to be revamped to correct a mismatch in skills to improve the employability of graduates, which is currently 59 per cent with arts graduates being the worst hit. Structural changes are to be introduced to create globally employable world-class graduates.

The ministry official said another serious problem that Sri Lanka is confronted with is the limited number

of students that can be enrolled to universities. Although nearly 60,000 students satisfy the basic qualifications to enter universities, only around 20,000 can be accommodated while about another 10,000 go overseas for higher education. Responding to questions from Hon. Obuebite Robinson Jonathan, MLA, of Bayelsa and Hon. Obius Chisala, MP, of Zambia about how Sri Lanka accommodates all those who qualify for university places, Dr Navaratne said about 10,000 students a year go to universities abroad when they can’t find places in the countries 15 national universities and eight training institutions. There are also proposals to open private

The Parliamentarian | 2012: Issue Four | 251

Workshop A.indd 251

17/01/2013 14:57:39

WORKSHOP A EMPOWERING FUTURE GENERATIONS universities and to add fee-charging courses to increase the number of state university places; but both these are controversial among some Sri Lankans.

Vocational and tertiary education Prof. Dayantha Wijeyesekera , the Chancellor of Sri Lanka’s University of Vocational and Technical Education, outlined the history of vocational education in Sri Lanka which dates back many centuries.

The annual intake to grade one annually is around 327,000 and of them 173,000 gain minimum qualification for higher education and have to be provided access to tertiary education. He said Sri Lanka has 15 universities, several degree-awarding institutes coming under the purview of the University Grants Commission and an Open University to cater to the needs of tertiary education. In Sri Lanka, professional education institutions too come under the tertiary education system.

All matters pertaining to tertiary and vocational education are tackled by the National Tertiary and Vocational Education Commission which was established in 2009 and is vested with powers to register, accredit and award quality management to tertiary and vocational education institutes.

Sri Lanka’s National Vocational Qualification Framework is similar to that of Britain but not identical.

Dr Wijeyesekra pointed out that Sri Lankans are obsessed with obtaining university degrees and stressed the need to change the mind-set of parents and students. He highlighted a need for the support of Parliamentarians for this purpose.

Health and wealth Shri Kaptain Singh Solanki, MP, of India noted that even though the per capita income of Sri Lanka remains low, it has been able to achieve impressive health indices. He did not agree with the notion that wealthier countries are healthier as wealth means materialism and health means spiritual wellbeing. Prof. Fonseka

Dr Sunil Jayantha Navaratne speaking at the workshop. From left to right: Fellow discussion leaders Prof.

Dayantha Wijeyesekera, Prof. Carlo Fonseka and Moderator Hon. Chandima Weerakkody, MP.

said that Sri Lanka had now indeed become a middle income country but it has not forgotten the message of Buddhism and its core values of loving, kindness and compassion.

Hon. Zitto Kabwe, MP, from Tanzania, while endorsing the view that the state must support the healthcare system, queried how governments can raise colossal amounts of funds to pay the health bill. Further, he opined that the capacity of some African countries to support the people is very low and asked how it is being done in Sri Lanka. It was pointed out that Sri Lanka does not rely on the western system of medicine alone. It also has thriving indigenous, Ayurvedic and homeopathy systems of medicine which are highly cost-effective and people are free to access these systems.

The Commonwealth connection Hon. Dato’ Devamany Krishnasamy, MP, from Malaysia added a new

dimension to the discussion when he asked what measures would be taken to enable young Parliamentarians to contribute to the decision-making process as regards health, education and other key sectors of their respective countries.

He wanted to know how the Commonwealth was going to represent the needs of the young and how could Members network in the Commonwealth to achieve this goal.

It was pointed out by the participants that the setting up of youth Parliaments, as has been done in Sri Lanka, and increasing mobility and closer collaboration and co-ordination among Commonwealth countries would be helpful in this regard.

The moderator, Hon. Chandima Weerakkody, MP, offered the Sri Lankan model for education support which he said has recently been enhanced through funding for 1,000 fully-equipped secondary schools and 5,000 primary schools to feed into them.

Hon. Abdool Razack Peeroo, MP, of Mauritius focused on the changing perspectives of the 21st century.

He recalled that the overriding theme of the 18th meeting of Commonwealth Education Ministers was “Education in the Commonwealth: Bridging the Gap as we Accelerate towards Achieving Internationally Agreed Goals”. While laying the emphasis on bridging the gap in education among developed Commonwealth countries and developing Commonwealth countries, he queried how the CPA could help to transfer knowledge of developed CPA Parliaments and Members to less developed and developing CPA Parliaments and Members. It was proposed that the Commonwealth of Learning could be a solution to this. Some were of the view that the same technology used in developed countries could not be used in developing countries as the individual needs and abilities of countries, and their own domestic market requirements, should be taken into

252 | The Parliamentarian | 2012: Issue Four

Workshop A.indd 252

17/01/2013 14:57:57

WORKSHOP A EMPOWERING FUTURE GENERATIONS account in transferring technology.

Hon. Rotimi Olowo, MLA, of Lagos expressed concern about the effects of population growth, industrialization and pollution on the provision of government services, while Hon. Yee Jenn Jong, MP, of Singapore asked whether the state pays for all medical care, including for the wealthy and middle-income earners, and about class sizes in schools.

Prof. Fonseka replied that educating women has proven successful in reducing population growth. Those who can afford it have started to go to private clinics for some out-patient services. Dr Navaratne added that the studentteacher ratio is legislated at 45 students per teacher nationally.

sending their children to work to help support their families.

Hon. Ian Tresize, MP, of Victoria, Hon. Mantsheng Tsopo, MPL, of Free State and Hon. Wynter Mmolotsi, MP, of Botswana asked about steps taken in Sri Lanka to maintain high standards of healthcare and education.

The panellists replied that the government focuses resources on these two areas as the key to the development of the country. Good health and good education are linked.

Mr Adrian Sanders, MP, and Baroness Gardner of Parkes of the United Kingdom and Hon. David K. Mphande, MP, of Malawi stressed the need for preventive treatment and early identification, especially in treating diseases such as diabetes, and the value of welltrained healthcare providers at all levels. Baroness Gardner added sharing health professionals among Commonwealth countries has been very beneficial, both for professionals who can’t find jobs in their own countries and for those countries which have a shortage of well-trained staff.

Health and education Hon. Rajendra Arlekar, MLA, of Goa asked what was used as the main language of education. Dr Navaratne replied that English is taught as a second language. Recently a trilingual language policy has been introduced to reduce the ethnic gap and to promote reconciliation. All Sinhala students should learn Tamil and Tamil students should learn Sinhala.

Hon. Nansubuga Rosemary Seninde, MP, of Uganda said only 25 per cent of Ugandan children complete primary education and asked how Sri Lanka had achieved 98 per cent. Dr Navaratne replied that making education compulsory up to age 14 and free to the secondary level is only part of the answer. In Sri Lanka, parents value education as the route to advancement and will sell or mortgage their homes to ensure they educate their children. The vast majority would never consider

Changing attitudes Hon. Joseph Madonsela, MP, of Swaziland asked how to control the dependency syndrome among the poor so they take responsibility for their own health, and about access to healthcare.

Prof. Fonseka said every home in Sri Lanka is within three kilometres of a government health centre. The provision by the state of free care to all is seen as proper, although with increasing affluence many people are paying for their own out-patient treatment at private clinics.

Hon. O.B. Amoah, MP, of Ghana asked about national health insurance and whether Sri Lanka supports education and development in the sports field, which he said is a very important area for Ghana. Dr Navaratne said state health care is funded from general tax revenues, although there are some private health insurance companies which cater for the affluent. The government

has been doubling its investment in higher education every five years.

Hon. N.P. Abraham-Ntantiso, MPL, of Eastern Cape said in South Africa education is divided in the government between two ministries, higher and basic education. She asked about creating jobs for graduates and about the involvement of the private sector. She was told that Sri Lanka has a Ministry of Education, and a Ministry of Higher Education; but the Ministries of Science and Technology and of Youth and Vocational Training also do training, the Ministry of Health trains doctors and nurses and 20 other ministries carry out their own staff development programmes.

The country’s growing economy means many new jobs are being created for graduates but most want to work in the public sector because of its pension scheme. There is a mismatch between training and jobs, so some labour is imported while some Sri Lankans pursue jobs abroad.

Hon. Stephen Rodan, SHK, of the Isle of Man questioned why more university places were not being created to meet the high demand, and why many graduates had difficulty in finding jobs.

Dr Navaratne said liberal arts graduates have the greatest difficulty in finding jobs so the government is seeking to change their courses to provide more job-related training within that discipline, particularly to add practical training to the previously largely theoretical approach. Change here is meeting great resistance from lecturers.

Prof. Wijeyesekera added that because only three per cent of students who enter secondary education will go to university, it is necessary to build up the middle diploma level to train people for the jobs that are available.

Hon. Adeloye Adeyinka Olubunmi, MHR, of Nigeria agreed, adding that in Nigeria youth unemployment is a big issue and one that could be tackled more effectively by focusing government resources on vocational training.

Good practices Hon. Amery Browne, MP, of Trinidad and Tobago asked about the relationship between education courses and traditional, including religious, values. While Hon. Simon Piet Dollman Skhosana, MPL, of Mpumalanga noted professionals, including in the health sector, are emigrating from South Africa to the developed world, especially the United Kingdom.

Hon. Dilip Walse-Patil, MLA, of Maharashtra asked about best practices in setting the percentage of a national budget which should be devoted to education, on private funding for education and on steps to enforce mandatory education. Deputy James Reed of Jersey focused on the policies to support mothers to prepare very young children for education.

Hon. Evariste Kalisa, MP, of Rwanda said education has been one of the four pillars (along with good governance, economic development and justice) supporting his country’s recovery from its 1994 genocide.

Health care has, however, been a problem and health insurance schemes have become widespread.

Dr Navaratne said Sri Lanka spends between 10 and 12 per cent of its national budget on education, including higher education.

Those who oppose augmenting this with private education argue that this will undermine free public education.

Prof. Fonseka said state health care in Sri Lanka reaches a very high standard; but the brain drain continues to pose problems as doctors and nurses sent abroad for training tend to stay abroad.

The doctor-patient ratio in Sri Lanka is 70 to 100,000, which is well below the level in most developed countries, although the professor noted that this figure only includes “western” medical doctors.

Prof. Wijeseyekera said the expansion of vocational training is carefully controlled so all institutions offering tertiary education have to be registered and their courses accredited to maintain standards.

The Parliamentarian | 2012: Issue Four | 253

Workshop A.indd 253

17/01/2013 14:58:07

WORKSHOP B - A COMMISSIONER FOR THE COMMONWEALTH? 58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Workshop B - 12 September 2012

SHOULD THE COMMONWEALTH ESTABLISH A COMMISSIONER FOR DEMOCRACY, THE RULE OF LAW AND HUMAN RIGHTS?

Moderator: Hon. Marwick Khumalo, MP, Swaziland Discussion Leaders: Sen. Dr Muhammad Farogh Naseem, Pakistan Mr Hugh Bayley, MP, United Kingdom

The core values of the Commonwealth, as set out in the 1991 Harare Declaration, are peace, democracy, global economic development, the rule of law and the liberty of individual citizens under the law. The implementation of these values requires proper stewardship.

The issue arises as to how such stewardship should be expressed in the Commonwealth.

Some did not agree there is a need to establish an office of Human Rights Commissioner, believing that such an office would unnecessarily duplicate the work of the United Nations and other bodies while undermining the internal affairs of member states.

Others said the office is crucial to the role of the CPA, as a means of ensuring the protection of its Members in their expression of views as individual citizens and Parliamentarians, without being subject to harm or abuse.

While some agreed with

the principle of an individual Commissioner, others looked towards the establishment of a Commission comprised of representatives from CPA member states. In the end, there was no consensus on the question.

Serious or persistent threats The September 2011 Report of the Eminent Persons Group (EPG) recommended the establishment of the Office of a Commissioner for Democracy, the Rule of Law and Human Rights, citing the need for full time attention to be devoted to the determination of serious or persistent human rights violations, and the need to advise both the Secretary-General and Commonwealth Ministerial Action Group (CMAG) when serious or persistent violations persist.

As suggested by Sen. Muhammad Farogh Naseem of Pakistan, such an office must exercise an entirely politically neutral perspective.

Mr Hugh Bayley, MP, of the

United Kingdom was of the view that the office should serve as an early warning system, stating that the present CMAG mechanism becomes engaged only in the most serious of cases, with suspension from the Commonwealth being the only sanction.

He called upon the Commonwealth Heads of Government to appoint a Commissioner for Democracy, Human Rights and the Rule of Law and recommended that the Commonwealth Parliamentary Association Executive Committee establish a subcommittee to promote the protection of human rights for Parliamentarians and citizens alike and to recommend appropriate action where abuses have been seen to occur.

Duplication and intrusion Numerous interventions followed the initial presentations, all expressing points on both sides of the debate.

254 | The Parliamentarian | 2012: Issue Four

Workshop B.indd 254

17/01/2013 14:58:52

WORKSHOP B - A COMMISSIONER FOR THE COMMONWEALTH?

Left: Mr Hugh Bayley, MP, United Kingdom, delivering his presentation at Workshop B, moderated by Hon. Marwick Khumalo, MP, Swaziland, (right).

Right: Sri Lankan Opposition Leader Hon. Ranil Wickremasinghe, MP, at the conference..

Hon. Nimal Siripala De Silva, MP, of Sri Lanka stated that the creation of a Commonwealth Commissioner for Democracy, the Rule of Law and Human Rights was an intrusion into the internal affairs of member states, noting that the Commonwealth has traditionally been an organization to conduct its work through engagement rather than intrusion.

Moreover, he stated, such an office would result in the duplication of the work of the United Nations which already has sufficient mechanisms, namely the United Nations Human Rights Council to fulfil this monitoring role. Rather than duplicating roles, one should look to strengthen the United Nations Commission, to re-affirm what is already in place as opposed to creating other bodies, especially when other protocols are already in place.

Hon. Dr Charnjit Singh Atwal,

MLA, of the Indian state of Punjab expressed a similar view, stating that such an office is not in line with the Commonwealth’s way of functioning as it seeks to undermine the role of the Secretary-General and CMAG. At a time of financial restraint, it would unnecessarily duplicate the role of already existing bodies with similar mandates such as the United Nations Human Rights Council.

Moreover, he stated, it may give the false impression that the biggest challenge facing the Commonwealth is the violation of human rights and its member states.

Standing up for rights Hon. John Amaratunga, MP, of Sri Lanka was very much in favour of the establishment of the office, citing the EPG Report in saying that while member governments carry out appalling human rights abuses,

many see the Commonwealth apparently standing blithely by.

Without a commitment to uphold these principles, Commonwealth membership is devalued. A values and principles-based association that does not consistently strive to defend its ideals, and to be defined by them, risks appearing to be little more than an imperial relic.

He argued that discussions surrounding the founding values of the Commonwealth should not only be restricted to Heads of Government and Foreign Ministers, but rather open as well to both Parliaments of member states and other Commonwealth institutions.

Hon. Mary Salifu Boforo, MP, of Ghana stated that, while she was not averse to the establishment of the Office of Commissioner, she said that a better use of resources would be to strengthen existing structures within

member countries, thereby working to support the judiciary in its role as the custodian of democratic values and principles within each respective country. The Commonwealth Secretariat could serve to ensure the enforcement of such democratic tenets and call to account those member states wherein a possible violation may have occurred.

It was also expressed by participants that while the Office and mandate of the Commissioner may be considered acceptable, one should give consideration to establishing a Commission rather than an individual Commissioner, with such a body being democratically elected by member states.

All agreed that human rights must be defended and any infringement of the rights of Parliamentarians or the citizens they represent is considered an attack on democracy itself.

The Parliamentarian | 2012: Issue Four | 255

Workshop B.indd 255

17/01/2013 14:59:09

WORKSHOP C PARLIAMENTS AND CONSTITUTIONMAKING 58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Workshop C - 12 September 2012

THE POLITICS OF CONSTITUTIONMAKING: THE ROLE OF PARLIAMENTS IN RELATION TO THE PEOPLE

Moderator: Hon. Dr Pambos Papageorgiou, MP, Cyprus Discussion Leaders: Hon. Request Muntanga, MP, Zambia Sen. Ike Ekweremadu, President of the Senate, Nigeria Hon. Prof. Dr. G.L. Peiris, MP, Minister of External Affairs, Sri Lanka Hon. David Musila, MP, Assistant Minister for Defence, Kenya

Meaningful consultation with the people is crucial to building a constitution’s legitimacy so, as the body elected to represent the people, it is the responsibility of Parliament to ensure that the constitution reflects the views of the people, agreed workshop participants.

Discussing a number of measures that are important to the process of constitution-making, participants also agreed that constitutions may need to be updated or revisited to keep pace with social development. Many Commonwealth countries in particular may face this issue as their original constitutions were drafted at the time of independence from the colonial power.

Some participants argued for the benefits of including social and economic rights (such as the right to education or employment) in constitutions, while others expressed concern about how such rights could be enforced and instead took the view that they should be expressed as aspirational goals.

Given the role to be played by Parliaments in constitution-making, participants debated the merits of different electoral systems in ensuring that Parliaments mirror the society they are elected to represent, including the benefits and disadvantages of having upper and lower Houses of Parliament and instituting quotas for women’s representation in Parliaments.

Constitution making Parliamentarians sought to deepen democracy in every part of the Commonwealth. The workshop discussed the ways by which the constitution becomes active, energized and empowered within the political sphere. Further, the constitution should become an increasing vibrant force of governance, working to strengthen democratic institutions while creating more just and equitable societies.

It was noted at the very outset that a constitution is the supreme law and

a social contract for the country. Thus every other law within a policy derives its powers from the constitution and is legal to the extent that it is consistent with the constitution.

In essence, therefore, the constitution is the single most important document in a democracy, hence nations are said to be as strong as their constitution and their adherence to the provisions of same.

The provisions of the constitution include protecting the rights of the people, promoting constitutional values of equality and social justice and ensuring the integrity and the accountability of the government.

There was an agreement that constitution-making, therefore, presents moments of great opportunity to create a common vision of the future of a state and the results of which can have profound and lasting impacts on the social, economic and cultural stability of a state.

256 | The Parliamentarian | 2012: Issue Four

Workshop C.indd 256

17/01/2013 14:59:54

WORKSHOP C PARLIAMENTS AND CONSTITUTIONMAKING

Discussion leader Hon. Request Muntanga, MP, of Zambia, speaking at the Workshop. Beside Mr Muntanga (from left to right) are: Dr Pambos Papageorgiou, MP, of Cyprus, Sen. Ike Ekweremadu of Nigeria and Hon. David Musila, MP, of Kenya.

The role of Parliaments and people Workshop participants noted that Parliament has a major role to play in making a constitution from the beginning of the process to the end and beyond.

The first principle is the fact that the democratically elected Parliament represents the people while the constitution is about people, their fears, needs, interests, aspirations, their future and indeed, their way of life.

This was discussed among the delegates with their own examples in the Commonwealth countries.

They agreed to a great extent that the making of many constitutions has resulted in a stalemate when no competing group is able to win an

outright victory, which in most cases is as a result of lack of adequate consultation with the people or their representatives. Hence, it was envisaged that a Parliament should be a mirror to constitution making.

The concepts of popular and parliamentary sovereignty emphasize that the people are the ultimate crafters, expositors and guardians of the constitution. This is so because the most distinguishing factor between other forms of government and democracy is that sovereignty belongs to the people. This sovereignty is, however, transferred by the people to their elected representatives by a free, fair, and credible electoral process.

At this juncture, Hon. Prof. G.L. Peiris, MP, Sri Lanka’s Minister of

External Affairs and a constitutional expert, highlighted the merits and demerits of the first-past-the-post electoral system and the subsequent evolution of the proportional representative (PR) system adopted in Sri Lanka and some other Commonwealth nations.

However, it behoves Parliament to ensure that the politics and process are healthy and command far-reaching involvement and inputs by the general population. The strength of a constitution depends on the quality of the process by which it was made, including the people’s involvement in the process. Hence, the delegates explored how to relate the role of the Parliament to the role of the people in the constitution-making process.

By the people Speakers noted that a democratic constitution is no longer simply one that establishes democratic governance. The reputation and effectiveness of a modern constitution depend upon democracy in its process as well as its outcome.

The people, therefore, have a moral claim to inclusivity and participation, according to the norms of democracy.

A claim of necessity for participation is based on the belief that, without a general sense of “ownership” that comes from sharing authorship, today’s public will not understand, respect, support and live within the constraints of constitutional government. A national Parliament must make it happen.

The Parliamentarian | 2012: Issue Four | 257

Workshop C.indd 257

17/01/2013 15:00:14

WORKSHOP C PARLIAMENTS AND CONSTITUTIONMAKING

This page and the opposite: Delegates focus on the political and technical issues of drafting constitutions.

However, Parliament is in most instances a creation of the constitution. That being the case, parliamentary powers and competence in relation to the constitution is limited to effecting amendments.

The process for such amendment is, however, usually circumscribed or prescribed by the constitution.

This was substantiated with tangible experiences shared by the delegates during the discussion. Out of those, the 18th amendment to the constitution of Sri Lanka became a critical issue when Prof. Peiris made his comments on the rationale for this amendment to the constitution as an urgent Bill which must be passed by Parliament with a two-thirds majority.

In general, the process of amending constitutions is more stringent than that of conventional acts of Parliament. Rather, each nation fashions its rule and procedure of constitution-making and amending in line with both its political history (bicameral versus unicameral system of Parliament) and subsisting circumstances (imperialism/ colonialism versus neo-colonialism).

The important thing is that each constitution holds within or outside it, prospects of amendment.

The overall challenge is that making and amending a constitution are strategic and pre-eminently political acts.

The role of Parliament is primarily to ensure a people-centric

constitution. Therefore, the role of Parliament in relation to the people is best situated in the cardinal principles of inclusivity, participation, diversity, transparency, accountability, legitimacy and right to information.

Gender perspective and democracy The active participation and representation of women in politics is crucial not only to the development of their own human capabilities and their empowerment, but also in contributing to democracy as a whole.

Society needs a stronger gender perspective and democracy must be gender-responsive.

There is a need to create an environment whereby women may

be encouraged and supported in their efforts to have equitable access to resources and opportunities. All the delegates speaking voiced views in favour of a quota or reservation to provide parliamentary seats to the disadvantaged women of the society, to be implemented throughout Commonwealth states.

Political decisions Hon. Request Muntanga, MP, of Zambia stated that political elites dominated the constitution-making process in his country.

The concept of neo-colonialism was a factor in the constitution-making process.

Consequently, Zambia has made numerous attempts to reform the

258 | The Parliamentarian | 2012: Issue Four

Workshop C.indd 258

17/01/2013 15:00:31

WORKSHOP C PARLIAMENTS AND CONSTITUTIONMAKING

constitution from 1964 to 2012 by appointing commissions. Further, he insisted on certain requirements to achieve constitutional reform, such as awareness of constitutional issues through civil education, stakeholders’ participation and contribution, consultation with experts and transparency in the process.

Sen. Ike Ekweremadu, President of the Nigerian Senate, stated that the constitution is the foremost law of any nation. Constitution-making, whether it is the drafting and adoption of a new one or the amendment of an existing one, is not just essentially a political process, but perhaps the height of politics.

He pointed out that there were no less than 55 constitutional activities around the world between 2008 and 2010, ranging from the adoption of a constitution to the review of

an existing one as reported by the Comparative Constitutions Project (CPP). He discussed the fundamental imperatives for emerging democracies and the factors that negatively affect constitution-making in detail. He was very concerned about the cardinal principles relevant to the role of Parliament in relation to the people.

Prof. Peiris commented on the role of the public at large in constitutionmaking. Further, he explained the evolutionary trend in the Legislature (bicameral versus unicameral), the merits and demerits of the electoral systems (first-past-the-post and proportional representation) in Sri Lanka and suggested a hybrid electoral system – a blend of both systems – for future elections in Sri Lanka.

The emergence of a Second

Chamber is inevitable as far as legislative priorities and composition of constituencies are concerned, he said. He was very critical of the incorporation of economic rights (right to employment, right to housing, et cetera) in the constitution. He pointed out a quota system or the reservation of seats for women is a feature of constitution-making in a number of Commonwealth countries.

He raised an issue on the interpretation of the constitution, asking whether the Supreme Court or a special Constitutional Court should be the final adjudicator on constitutional matters.

Hon. David Musila, MP, Kenya’s Assistant Minister of Defence, agreed on the definition of the constitution made by other discussion leaders in terms of state power, values and aspirations of the society and the

reality of people’s lives. His stated opinion was that every country is unique; therefore no single country’s constitution is perfect for others.

Hence, the eclectic approach to be adopted in constitution-making.

Further, he stated that any amendment to the constitution must adhere to the process with timelines and any reformation must start with special consideration for human rights.

He briefly stated the chronicle of the constitutional reform process between 1992 and 2010 in Kenya and concluded that Parliaments are the people’s representatives and a mirror to constitution-making.

During the question and answer session, the delegates were able to exchange views and ideas on how to best fulfil this all-important mandate of Commonwealth Parliaments.

The Parliamentarian | 2012: Issue Four | 259

Workshop C.indd 259

17/01/2013 15:00:46

WORKSHOP D SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS 58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Workshop D - 12 September 2012

ENSURING ADEQUATE PARLIAMENTARY SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS

Moderator: Hon. Dale Graham, MLA, Speaker of the Legislative Assembly, New Brunswick Discussion Leaders: Sen. Stephen Parry, Deputy President of the Senate, Australia Sen. Ian Gorst, Chief Minister, Jersey Sen. the Hon. Raynell Andreychuk, Canada Hon. Michael A. Peart, MP, Speaker of the House of Representatives, Jamaica

Members acknowledged the complexity of dealing with foreign policy issues in Commonwealth countries, especially because this area has been in the exclusive domain of the executive arm of government with limited participation by Parliament.

However, with the emerging trend toward parliamentary diplomacy and the growing knowledge of citizens on transparency and accountability, Members speaking in the workshop urged the Commonwealth Parliamentary Association to continue to strengthen the capacity of the Legislature to demonstrate competence in foreign policy matters.

Foreign policy is an expression of a country’s national interests and so should reflect the aspirations of the people who are sovereign. The value of involving Parliamentarians, as representatives of the people, in foreign policy issues cannot be overemphasized.

The workshop noted the imperative of repositioning

parliamentary structures, such as standing or special committees, to respond effectively to the demands of parliamentary diplomacy through parliamentary scrutiny.

The workshop further noted the gap between developed and developing member states in parliamentary scrutiny, especially in foreign policy considerations, and urged Members to share knowledge and experiences on best practice which would be a stimulus for change.

In addition, the workshop added that Parliamentarians should have a greater role in reviewing new international agreements and in approving participation in external conflict situations.

Parliamentary role The workshop title makes direct reference to one of the cardinal pillars of the Commonwealth Parliamentary Association which is the promotion of Parliamentary democracy. In its 2010 document promoting parliamentary

democracy, the CPA is described as a diverse group of Parliamentarians “who are united by a community of interests, including respect for the rule of law and individual rights and freedoms, and the pursuit of the positive ideals of parliamentary democracy”.

The CPA’s Mission is described as being one of promoting advancement by enhancing knowledge and understanding of democratic governance. Accordingly, the workshop discussed one aspect of democratic governance which is the scrutiny that various parliaments can and should be giving to foreign and Commonwealth affairs. It was in the light of this background that parliamentary scrutiny formed one of the major workshop topics in this 58th Conference.

In opening the workshop, the discussion leaders noted that the key words in the topic were “adequate scrutiny” and observed that any legislation on foreign affairs ought to

260 | The Parliamentarian | 2012: Issue Four

Workshop D.indd 260

17/01/2013 15:01:13

WORKSHOP D SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS

Left to right: Hon. Michael Peart, MP, Jamaica; Sen. Stephen Parry, Australia; Hon. Dale Graham, MLA, New Brunswick; Sen. Ian Gorst, Jersey, and Sen. the Hon. Raynell Andreychuk, Canada.

be presented to Parliament before it becomes a foreign policy. Many were in agreement that a key characteristic of a healthy democracy is a robust system of parliamentary oversight; but the challenge is how best to ensure adequate parliamentary scrutiny of the executive in general and foreign affairs in particular. The reason is that foreign policy involves diplomacy which is complex in nature and usually shrouded in secrecy.

However, it is up to the Legislature to demonstrate why foreign policy is important at the domestic level and show that its oversight functions in this area will add value to the development and implementation of the foreign policy process.

Sensitive issues In his presentation, Sen. Stephen Parry, Deputy President of the Australian Senate, noted that foreign

policy must have parliamentary input and, using Australia as example, he informed the workshop that any Backbencher can nominate Members to the Foreign Affairs Committee. Secondly, the Foreign Minister appears three times before Parliament in a year for question time. He further noted that Australia’s Parliament has a Joint Parliamentary Committee on Foreign Affairs for the Senate and House of Representatives which also carries out scrutiny functions.

Parliamentarians can ask questions on foreign policies. Another committee is the Treaties Committee where every treaty is examined, and the Foreign Affairs Committee is represented on that committee.

He concluded by stating that dayto-day policy issues are subjected to parliamentary scrutiny. However, foreign policy issues are not decided

on the Floor of Parliament both in committees or closed sessions because of its sensitive role in the life of any nation.

Chief Minister Sen. Ian Gorst of Jersey stated that the issue of foreign policy in relation to Parliament is tricky and noted that the topic was selected to enable small countries to learn from others. He observed that despite the diversity of the Branches of the Commonwealth Parliamentary Association (CPA), some issues are common to all member states.

He raised questions as to what are the areas of foreign affairs that Parliament would like to scrutinize and if there is any way it could be done better? He noted that Parliaments appear to pay more attention to policy, administration and expenditure in their scrutiny responsibility. In this case, the nature of external relation is said not to fit into the legislative scrutiny

framework due to factors of timing and confidentiality. He stated that the obvious implication of this is that the Legislature, by not extending its oversight responsibility to this sector of government, is denied one of its important functions in relation to the ministry of foreign affairs.

Relying on his country’s example, he recommended that parliamentary scrutiny is possible with co-operation between the executive and the Legislature through appropriate structures. He gave an example of parliamentary co-operation between Jersey’s and Guernsey’s Parliaments where both committees on foreign affairs are co-operating on issues of common interest. He submitted that a Legislature could set up a committee to liaise with similar committees on foreign affairs in other Parliaments co-operation and inter-parliamentary exchanges of ideas and knowledge.

The Parliamentarian | 2012: Issue Four | 261

Workshop D.indd 261

17/01/2013 15:01:24

WORKSHOP D SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS Though he said such co-operation had existed in Barbados but had failed due to poor funding and inadequate staff, he contended that such an exchange programme and interaction among committees of foreign affairs in different Parliaments still remains the most viable weapon in building parliamentary relations and effective partnerships and scrutiny.

Close parliamentary involvement Sen. Raynell Andreychuck of Canada commended the initiative to address this important aspect of legislative functions but noted that the topic should be made to read “Ensuring Adequate Parliamentary Involvement in Foreign Affairs”, noting that all aspects of national policy have an international dimension.

She argued strongly that the evolution of technology has reduced the world to a global village providing a platform for citizens’ involvement on issues of governance. Generally, there is increased trade negotiations, human rights agreements and political consciousness among citizens such that they now demand accountability for their elected representatives. These factors have expanded the role of Parliamentarians and increased their responsibilities.

She recommended that there should be consultations between the executive and Parliaments on issues involving negotiations that will lead to treaties and actions. She also added that scrutiny and review should be ongoing processes in the Legislature.

She further recommended that for there to be effective co-operation between the executive and the Legislature on foreign affairs, Parliamentarians should be invited to participate in the Commonwealth Heads of Government Meeting (CHOGM) so that issues involving the Legislature could be discussed and resolved in an amicable way.

Hon. Michael A. Peart, MP, Speaker of Jamaica’s House of Representatives, noted that the topic was critical to parliamentary democracy as he stated that the subject area was exclusive to the

This page: Delegates from Bermuda at the session; Opposite page: Discussion leaders Hon. Michael Peart, MP, (left) and Sen. the Hon. Raynell Andreychuk (right).

military and diplomats before the advent of democracy. In his view, Parliament through its oversight responsibility now serves as the watchdog over all activities of the executive.

In the case of Jamaica, he noted that parliamentary scrutiny is an emerging trend which is steadily taking its roots in parliamentary activities. He submitted that globalization has increased the political awareness of citizens and narrowed the historical imbalance between the executive and the Legislature, thereby improving parliamentary oversight. He acknowledged that oversight not only contributes to the democratization of the whole governmental process but allows Parliament to control, influence and monitor the government decisionmaking process.

He recommended that governments should seek parliamentary approval on the deployment of military forces to any external situation and

that such approval should be made a constitutional matter.

Parliamentarians, he noted, should consider a reduction in the period of their annual recess to cope with challenges or developments arising in their absence.

He further suggested that the executive arm of government should submit to the Legislature regular reports on foreign policy issues. He called on the Legislature to develop a working relationship with nongovernmental organizations as a way of engaging civil society organizations in foreign policy issues.

Power and resources for scrutiny Hon. Wade Mark, MP, of Trinidad and Tobago noted that one of the challenges facing the Legislature was its lack of capacity and legislative independence to effectively check the executive. He averred that weak Parliaments would not be able to discharge their parliamentary duties like their counterparts in developed

countries and asked how these weak Parliaments could be strengthened to scrutinize policies of government.

Mr Kanwaljit Singh Bakshi, MP, of New Zealand advocated that a process should be entrenched to require the endorsement of Parliaments of foreign policy issues before legislation. He further suggested that a select committee should come up with a framework to determine the impact of foreign policy issues on the citizens.

Rt Hon. Lord Foulkes of Cumnock (United Kingdom) noted that the Legislature needed to have effective control of all aspects of policies and not just foreign affairs.

He stated that before any government sends troops overseas, it must seek the approval of Parliament and concluded that Parliament in the U.K. enjoys effective scrutiny in all aspects of policies.

Mr Sim Tong Him, MP, of Malaysia noted that there was a lack of adequate parliamentary scrutiny in Malaysia and that Parliament is a

262 | The Parliamentarian | 2012: Issue Four

Workshop D.indd 262

17/01/2013 15:01:55

WORKSHOP D SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS

rubber stamp for the government.

He requested the CPA to develop a mechanism to assist countries with weak Legislatures by replicating the good stories of Australia and Canada.

Deputy Dr David De Garis De Lisle (Guernsey) noted that the major problem facing parliamentary scrutiny is how to keep scrutiny committees current and having the capacity to deal with issues as they arise because reports are better dealt with when they are current.

Hon. Jean Sendeza, MP, of Malawi stated that the major challenge that face Parliament in Malawi is funding because it lacks financial autonomy. She requested the CPA to devise any mechanism that would narrow the gap in this regard so that Parliamentarians would be able to discharge their duties effectively.

Hon. Mussa Zumbo, MP, of

Tanzania noted that Parliament in his country suffers the same funding challenges as other Parliaments. He said that in the case of Tanzania, it is only during budget presentation and consideration that government accords the Legislature any relevance.

Different models Hon. Robert Philip Braidwood, MHK, of the Isle of Man noted that even though his jurisdication’s foreign affairs are handled by the United Kingdom government, the actions and decisions of many international organizations affect the Manx Parliament.

The Manx government has therefore opened an office in Brussels to monitor European Union activities which could affect the island.

On the question of scrutiny, he said no Minister is allowed to be

on the House of Keys Standing Committee on Scrutiny so it works autonomously from the executive.

Mr Tavish Scott, MSP, of Scotland said the level of scrutiny of foreign affairs in Australia and Canada would be good models to follow as voters today expect Parliamentarians to be expert in all aspects of government.

Hon. Foggo Lovitta, MP, of Bermuda said her government had accepted four detainees from the United States’ Guantanamo Bay Prison, claiming the domestic authority existed to do so. This was highly controversial in Bermuda and was still being discussed by the American and British governments.

Hon. Cornelia Carol September, MP, of South Africa said her Parliament considers that its constitutional right to scrutinize the executive overrides the executive’s constitutional responsibility for

international relations. It therefore has a Committee of International Relations and Co-operation which gets briefings on and questions policies relating to global issues. She too supported consultations between parliamentary committees in this and other fields.

Hon. Moinina Conteh, MP, of Sierra Leone said her House lacks the resources to scrutinize the executive, including in such “domestic” areas as agriculture where a lot of international aid money goes.

Hon. Sayed Ali Moshin, MP, of Bangladesh said his Parliament is not functioning properly because the opposition Members are boycotting sittings.

Hon. Dato’ Teng Chang Khim, MLA, of Selangor advocated more CPA seminars to enable Members to exchange experiences to improve parliamentary scrutiny.

The Parliamentarian | 2012: Issue Four | 263

Workshop D.indd 263

17/01/2013 15:02:07

WORKSHOP E CONFLICT RESOLUTION AND PEACE-BUILDING 58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Workshop E - 12 September 2012

THE ROLE OF PARLIAMENTARIANS IN CONFLICT RESOLUTION AND PEACE-BUILDING Moderator: Hon. Julianna O’ConnorConnolly, JP, MLA, Deputy Premier and Minister for District Administration, Works, Lands and Agriculture, Cayman Islands Discussion Leaders: Ms Anna Lo, MBE, MLA, Northern Ireland Mr Devinder Shory, MP, Canada Sir Allan Kemakeza, MP, Speaker of the National Parliament, Solomon Islands Hon. Datuk Ronald Kiandee, MP, Deputy Speaker of the House of Representatives, Malaysia Mr Mitch O’Brien, Parliament Programme Team Leader, World Bank Institute

“By its very nature, Parliament brings divergent interests and divergent opinions to one place at one time for discussion.”

Parliamentarians must go beyond dialogue to strengthen national institutions, including Parliament, as a key part of their vital role in resolving and preventing conflicts, stressed speakers in this workshop.

It was widely agreed that the valuable experience of Parliamentarians in building understanding among communities should be exploited both domestically and internationally to air grievances, resolve disputes and prevent conflicts as well as to reconcile opposing forces to end conflicts and prevent them from erupting again. But Parliamentarians must go beyond dialogue facilitation to ensure that institutions are either established or maintained to provide a just and equitable society for all.

Prime among institutional measures should be parliamentary

and electoral reform to guarantee that all communities are – and perceive that they are – fully represented and heard in the nation’s primary political forum.

Parliaments must also be strengthened so they legislate and hold the executive accountable effectively, transparently and in the interests of all sections of society.

The workshop noted that Parliaments must also campaign to depoliticize and strengthen other institutions such as the judiciary, the police and security forces.

Commissions such as those to prevent corruption and to protect human rights must be established or strengthened. All these institutions must be monitored to ensure they operate according to the rule of law and without partisan political or communal biases.

Listening to minorities The first discussion leader, Ms Anna Lo, MBA, MLA, of Northern Ireland,

discussed the issue of violence faced

by Northern Ireland in the 1990s and reflected on the involvement of Parliamentarians to the process of peace-building.

She stated that the conflict in Northern Ireland was rooted in history and had at it centre the issue of religious and cultural identify. She identified the underlying cause of the conflict as the “denial of full civil rights” to a minority community. The conflict related to the failure to listen to the voice of this community and this failure resulted in heightened tension and eventually violent conflict.

She stressed the need for Parliament to support an inclusive government and highlighted the work of the CPA and the World Bank during the Vienna Workshop in 2010 in which democratic governance and specifically oversight functions and accountability of the executive were identified as key areas to prevent the development of conflict within communities. She stated that

264 | The Parliamentarian | 2012: Issue Four

Workshop E.indd 264

17/01/2013 15:02:42

WORKSHOP E CONFLICT RESOLUTION AND PEACE-BUILDING

Left to right: Moderator of the session and Deputy Premier of the Cayman Islands, Hon. Juliana O’Connor-Connolly, JP , MLA, (left) of the Cayman Islands, seated next to discussion leader Mr Devinder Shory, MP, from Canada.

Parliamentarians, regardless of party affiliation, have to work together to ensure that the executive is scrutinized properly. This workshop identified a number of areas which contributed to the development of conflict and these included: poverty, abuses of the constitution and the rule of law, corruption, climate change, tribal, ethnic and class differences and inadequate distribution of benefits of resource development along tribal, personal and family lines.

Bridging differences The second discussion leader, Mr Devinder Shory, MP, of Canada, based his presentation on the adage that there is a time for everything including “a time for war and a time for peace”. He said no two conflicts are

the same and humanity as a whole desires peace.

He stated that one of the most important factors when dealing with conflict is bridge-building and he used his constituency of Calgary Northeast and its ethnic multicultural community as an example of how diversity can be successfully embraced to forge one identity. For his community, this identity was one of being a Canadian above anything else.

He concluded that there isn’t any one solution for world peace and stated that Parliamentarians should focus on bridge-building between peoples of different views and that, by “mature leadership” which considered the needs of all groups in society, a way to avoid each conflict could be found.

The third discussion leader, Sir Allan Kemakeza, MP, Speaker of the National Parliament of the Solomon Islands, focused on conflict in the Solomon Islands’ context. He identified the key reason for conflict in his country as being the unfair distribution of wealth.

He stated that one of the main avenues used in the Solomons to deal with the conflict was to ensure that Parliamentarians from both government and opposition engaged in dialogue towards conflict resolution.

In the case of Solomon Islands, it was through legislation that eventually the conflict was resolved.

Roles for Members Hon. Datuk Ronald Kiandee, MP, Deputy Speaker of Malaysia’s House

of Representatives, said that “conflict resolution and the achievement of durable peace are closely linked to a viable political framework” and that Parliamentarians from both sides play a vital role to the process of peacebuilding.

He emphasized the need for Parliamentarians to develop a culture of shared responsibility and work together to achieve conflict resolution.

Saying there is no such thing as a just war, he emphasized the need for Parliamentarians to become actively involved in preventing conflict. MPs have a right to become more vocal against things such as the world increase in arms, both nuclear and conventional, which he saw as the “insane competition among the powers which seemed determined

The Parliamentarian | 2012: Issue Four | 265

Workshop E.indd 265

17/01/2013 15:02:55

WORKSHOP E CONFLICT RESOLUTION AND PEACE-BUILDING

The Deputy Speaker of the Parliament of Malaysia, Hon. Datuk Ronald Kiandee, MP, (left) and Mr Mitch O’Brien of the World Bank Institute (right) led discussions in Workshop E.

to increase their potential power of destroying themselves and the entire human race”.

He stated that MPs can play an important role in dispute resolution to ensure that relations between people do not “degenerate into a state of general violence”. They can also explore ways of strengthening the rule of law and democracy in countries. He cited, as an example of the latter, the Electoral Commission of Namibia, which promotes democratic strengthening in a number of way, including: implementation of forthcoming reform of the Electoral Act; training of judicial officers in

the application of the electoral law; training of Parliamentarians, political parties, media practitioners and members of civil society on the electoral cycle and elections; strengthening the capacity of the Electoral Commission to monitor media performance during elections; and exploring ways of developing a more efficient and effective election dispute resolution mechanism.

Mr Kiandee mentioned the relationship between food aid and conflict. He stated that studies have shown that there is a “direct correlation between food aid and civil conflicts”.

Good practices Mr Mitchell O’Brien, Government Specialist and Parliament Programme Team Leader for the World Bank Institute, highlighted the work between the CPA and WBI in the area of conflict resolution. He explained that the Institute is the capacity-building arm of the World Bank and that it had identified a need for and an interest in ensuring strong capacity in respect of Parliaments.

He stated that two of the objectives of the Bank were to identify and capture good practice and knowledge with respect to parliamentary performance and parliamentary practice and to

develop institutional and individual capacity within Parliaments to strengthen the primary functions of Parliament.

He stated that the CPA/WBI work in this area has been in progress since 2004 and has focused on identifying knowledge, experience and good practice on the role of Parliaments in conflict affected areas.

The key to finding solutions to conflict resolution resides within Parliaments.

“We have to work with Parliaments to capture that in order to guard the practices of other Parliaments. So, really what I have to say is that it is

266 | The Parliamentarian | 2012: Issue Four

Workshop E.indd 266

17/01/2013 15:03:13

WORKSHOP E CONFLICT RESOLUTION AND PEACE-BUILDING

Delegates listening to Sir Allan Kemakeza, MP, delivering his presentation in Workshop E.

guarded by Parliamentarians for Parliamentarians,” he said.

He explained that there are certain structural conditions conducive to conflict and that there is a correlative relationship between poverty and conflict. No longer could conflict be categorized in terms of war and peace; it now included political violence and criminal violence.

Parliamentary peacekeeping The dialogue which followed focused generally on reiterating the need for Parliamentarians to go beyond dialogue to strengthen national institutions, including Parliament, as a

key part of their vital role in resolving and preventing conflicts.

For example, Prof. P. J. Kurien, MP, of India stated that “Parliamentarians are collectively duty-bound to take multifarious initiatives to create peace and stability in society”.

The discussion also emphasized the need for the valuable experience of Parliamentarians in this area to be exploited both domestically and internationally to air grievances, resolve disputes and prevent conflicts as well as to reconcile opposing forces to end conflict and prevent it from erupting again.

Hon. Kenneth Marende, MP, of Kenya stated that the underlying factor to conflict resolution seemed to be good governance.

He specified that instead of embracing a concept of democracy as majority rule, it could be more effective to ensure all governments are inclusive such as the coalition governments in Kenya and the United Kingdom.

Mr Marende’s reference to the U.K’s coalition government, however, brought disagreement from Rt Hon. Lord Foulkes of Cumnock of the U.K. who stated that their coalition was in fact not a good example as there is conflict within the coalition itself.

Generally, the discussion emphasized primarily that, among institutional measures, the need for parliamentary and electoral reform to guarantee that all communities are and are perceived to be fully represented and heard in the nation’s primary political forum. Parliaments must also be strengthened so they legislate and hold the executive accountable effectively, transparently and in the interest of all sections of society.

Among other contributions, Hon. Cornelia Carol September. MP, of South Africa stated that it was important that Parliamentarians emphasized the need for a better control of arms, supporting the

points raised by Mr Kiandee in his presentation.

Hon. Request Muntanga, MP, of Zambia inquired into the role of the CPA in conflict resolution and called for the association to have a more definitive role in this area for its Members.

The workshop noted that Parliaments must also campaign to depoliticize and strengthen other institutions such as the judiciary, the police and security forces.

Commissions such as those to prevent corruption and to protect human rights must be established or strengthened. All these institutions must be monitored to ensure they operate according to the rule of law and without partisan political or communal biases.

In conclusion, the workshop emphasized the overriding need for effective political leadership and the agreement from all involved in a conflict to have constructive discussions towards finding solutions.

The Parliamentarian | 2012: Issue Four | 267

Workshop E.indd 267

17/01/2013 15:03:27

WORKSHOP F - IMPROVING GENDER-RESPONSIVE GOVERNANCE 58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Workshop F - 12 September 2012

ENGAGING POLITICAL PARTIES TO IMPROVE GENDERRESPONSIVE GOVERNANCE

Moderator: Dr the Hon. Sudarshini Fernandopulle, MP, Sri Lanka, 2012 President of the Commonwealth Women Parliamentarians Discussion Leaders: Hon Lindiwe Maseko, MPL, Speaker of the Provincial Legislature, Gauteng Sen. Helen Polley, Australia Hon. Meira Kumar, MP, Speaker of the Lok Sabha, India Ms Kemi Ogunsanya, Gender and Political Development Adviser, Commonwealth Secretariat

Great gains have been made by women in Parliaments and Legislatures in recent years due to affirmative action policies, cultural and social changes favouring greater representation of women and women supporting women to take on leadership roles, agreed the workshop.

There continue to be challenges, however, in achieving genderresponsive governance, so the workshop identified a range of strategies for the future, focusing first on political parties. They should develop formal and informal ways to promote gender equity, support women in leadership roles and assess policies on criteria to promote gender equality.

All members of the community, including men in political roles, should be engaged to ensure that gender equality is not seen as a “women’s issue” but as a fundamental precondition to democracy, development and diversity.

Active support should also be provided to women in leadership roles across the political divide through mentoring, training and implementing policies that achieve gender equality.

Educating political colleagues and the broader community about the overall benefits of having women in decisionmaking roles was also advocated in the workshop.

The workshop was pleased to discuss a topic put forward by the CWP, particularly noting Sri Lanka’s proud history of electing the world’s first woman Prime Minister.

A role for political parties The workshop heard from Ms Kemi Ogunsanya, a Gender and Political Development Advisor at the Commonwealth Secretariat, that political parties are the “gatekeepers” for men and women entering parliamentary and leadership roles in most jurisdictions.

There are ways to embed gender equality objectives in party structures

and manifestos to support women into leadership roles.

Hon. Meira Kumar, MP, Speaker of the Lok Sabha of India, said that no society will develop effectively without the equal participation of women.

CPA states with party systems can use their parties’ structures to achieve this. In many jurisdictions, equal rights for women begin with the political parties, added Hon. Lindiwe Maseko, Speaker of the Gauteng Provincial Legislature.

Australia’s Sen. Helen Polley noted there are some CPA states, particularly in the Pacific, where the party system is less dominant and other strategies such as formal mentoring programmes delivered through the government may be more appropriate there; the workshop heard of some specific programmes underway.

Gender-responsive governance The workshop discussed what was meant by gender-responsive

268 | The Parliamentarian | 2012: Issue Four

Workshop F.indd 268

17/01/2013 15:04:06

WORKSHOP F - IMPROVING GENDER-RESPONSIVE GOVERNANCE

Discussion leaders Sen. Helen Polley of Australia, (left) Hon. Meira Kumar, MP, (centre) and Moderator and 2012 Commonwealth Women Parliamentarians President Dr the Hon. Sudarshini Fernandopulle, MP, of Sri Lanka.

governance and how it might be characterized in practice. A genderresponsive governance structure was said to be one that ensures the involvement of women in leadership and decision making, and one that represents the interests of women.

The workshop agreed that gender responsiveness requires the contribution and respect of men and women.

Hon. Alix Boyd Knights, MHA, Chairperson of the Commonwealth Women Parliamentarians, said statistics show that women’s involvement in public life leads to economic advancement in those societies so a governance arrangement that includes women as equal partners has tangible benefits in society that have arguably not been made clear in the past.

However, the workshop made it clear that the discussion ought

not to focus on what traditionally have been considered “women’s issues”. “Gender”, in the context of the workshop’s topic, was too often taken to be synonymous with “women” whereas it should be about men and women, said Hon. Moono Lubezhi, MP, of Zambia. Democracies are built by everyone in a community working side by side regardless of gender.

Gender equality is not exclusively a women’s issue; it is a fundamental matter of equality and the responsibility of everyone, added Hon. Noma Mfeketo, MP, of South Africa.

There is a need to engage with men in public life also to include them in this conversation, said Hon. Sujeewa Senesinghe, MP, of Sri Lanka, particularly noting there are no men on the panel. The workshop heard of ways to work collaboratively with men to obtain gender responsive systems.

Actions for political parties Working from the starting point that political parties are a good forum through which to effect change, there are a many opportunities for political parties to support the movement of women into leadership roles and to work with civil society to achieve gender equality.

Speakers highlighted the following: • Prepare and select women candidates for winnable seats; • Provide support, training and funding for women – intention is not enough; • Examine party policies, budgets and legislation to see how they engage with, and impact on, women in the community; • Train women in political skills and how to deal with political life; • Reform the political system to

ensure fairness (for example, no public funding to parties that don’t comply with gender equity requirements, or quota requirements of that jurisdiction, et cetera); • Educate women about using their vote for policies that matter to them; • Involve men – find champions of the cause within each party; • Understand that it is not necessary to beg for what is right, but sometimes it is necessary to advocate and fight; • Work across political parties and not stay in silos – speak up and give support where it is needed, and • Make affirmative action policies binding.

The role of affirmative action Some parties have targets and quotas for selecting women as candidates and some Legislatures have percentage requirements

The Parliamentarian | 2012: Issue Four | 269

Workshop F.indd 269

17/01/2013 15:04:16

WORKSHOP F - IMPROVING GENDER-RESPONSIVE GOVERNANCE

Above: Supporting other women in public life is vital , and a culture of helping each other up the “ladder” should be encouraged.

Opposite page: Delegates from Malaysia at the Workshop.

for women’s representation in Chambers/Houses.

The workshop benefited from hearing case studies from India and South Africa in particular of Chambers with legislated quotas for women’s representation. The specific targets for representation vary between jurisdictions, taking into account electoral methods, history and current circumstance.

Overall, the workshop heard that quotas or specific affirmative action requirements are beneficial. That said, some jurisdictions noted that such policies can lead to criticisms that candidate selection is not meritbased. It can even cause friction within parties that actively promote the policy if there is a perception that women in the party gain an unfair advantage over men in the party.

However, on the whole, the

workshop noted that this is a false argument. Hon. Noxolo AbrahamNtantiso, MPL, of Eastern Cape argued that political structures seem prepared to take risks with men candidates but she said they make women prove themselves regardless.

Some jurisdictions noted in particular the successes in Indian and African regions as good examples of how quotas have supported women into political roles.

Members from many jurisdictions reported weak legal frameworks around electoral representation, and some regulation could promote gender equality in representation, said Hon. Justice Dr Patrick Matibini, SC, MP, of Zambia.

Structured programmes to support women can and do work, and several case studies demonstrate this, said Hon. Joseph Madonsela,

MP, of Swaziland. Affirmative action policies have resulted in women in leadership role as MPs, judges and ambassadors, with benefits to civil society, said Hon. Virgilia Matabele, MP, of Mozambique. The workshop heard from Ms Boyd Knights that percentage quotas alone do not always work and need to be based in a system of practical support for women.

Training and support Parliamentary and leadership roles can be very challenging, and nothing quite prepares anyone for it. Parties could provide tailored training and mentoring for women MPs. Hon. Dato’ Noraini Ahmed, MP, of Malaysia said that in public life a Member’s private life can be examined in the media so learning how to deal with this is important.

On the face of it, political life can seem very adversarial with many disincentives for women.

Parties, and perhaps the CWP, have a role to play in explaining to women the richly rewarding work of constituency work and committee work to encourage their interest, said Baroness Scott of Needham Market, a Member of the United Kingdom House of Lords.

The workshop heard from Hon. Jean Sendeza, MP, of Malawi that objectives set out in manifestos are commendable but reality can be different. The CPA and the CWP could work to improve things on the ground through training and education.

Hon Sajith Premadasa, MP, of Sri Lanka suggested that there needs to be practical outcomes from workshops such as this, such an

270 | The Parliamentarian | 2012: Issue Four

Workshop F.indd 270

17/01/2013 15:04:28

WORKSHOP F - IMPROVING GENDER-RESPONSIVE GOVERNANCE

empowerment fund, subject to the support of member governments.

Engaging with the community The workshop heard that democracy is fundamental to the Commonwealth and full participation of all its citizens is a precondition to a genuine flourishing democracy. Political parties have a role in motivating and educating constituents about the valuable role of women in public life and decision-making, said Mrs Farhat Khan, MP, of Pakistan.

Sometimes women do not vote for other women, or lack confidence in their representation. Women in public life can, and should, use the media more effectively to reach out to women voters and support women in decision-making roles, added Hon. Rosy Senanayake, MP, of Sri Lanka.

The workshop heard that

Parliamentarians should be mindful to make their disputes about each other’s policies, not characters, which requires a paradigm shift in the sometimes aggressive political culture of Parliaments.

Hon. Bako Christine Abia, MP, of Uganda said women can be subject to very critical and gender-biased media coverage but they can also engage proactively with the media to get a message out. Hon Anne Makinda, MP, of Tanzania suggested that focusing efforts in public office is limiting – political parties have great reach into business and the private sector and there are opportunities to get women into positions of power in those aspects of life as well. Similarly, parties should give consideration to everyday life in their policy development processes. When developing policy and budget, parties

can measure the likely benefits to women and see whether the policies objectives will be achieved, explained Hon. Sophia Swartz, MP, of Namibia.

Supporting other women It is important for women in public life to realize that supporting each other is vital. The workshop heard that, ideally, there should be a culture of helping each other up the ladder, and not kicking it away when women have themselves reached the top.

Women should look for, and use, the power available to them. For example, women in ruling parties should use their influence to promote the interests of women more generally, said Hon. Makhos Ntuti, MPL, of KwaZulu Natal.

The workshop observed that sometimes women elect women to public office but then do not support

them in those roles. The CPA could play a role in advocating for women, providing training and helping women grow confident in their work, proposed Hon. Pam Tshwete, MP, of South Africa. Some jurisdictions noted success in using local government and community group roles as training grounds to develop the skills of women party members to then step into more prestigious and more challenging public roles.

Standing for office can be very expensive, and the workshop heard women from many jurisdictions talk of the personal financial sacrifice they made in the electoral process.

This can be a real disincentive to women. Campaign funding and financial independence is a real issue for women, so parties could provide practical support to women candidates.

The Parliamentarian | 2012: Issue Four | 271

Workshop F.indd 271

17/01/2013 15:04:40

WORKSHOP G TERRORISM

58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Workshop G - 12 September 2012

TERRORISM – THE THREAT TO DEMOCRACY, PEACE AND SECURITY

Moderator: Hon. Elijah Okupa, MP, Uganda Discussion Leaders: Sen. Syed Muzaffar Hussain Shah, Pakistan Hon. Maj. Jim K. Muhwezi, MP, Uganda Hon. Irene Ng, MP, Singapore

Preventative measures against terrorism must address social distributive justice by implementing national policies to alleviate alienation and deprivation, said Members speaking at this workshop.

Social injustice and hatred must be denied at all levels and registers of approved religious teachers should be established to ensure that the right ideologies are taught. Terrorism must be dealt with in a multidimensional level. Offending countries must be isolated and funding and resources blocked.

Parliamentarians must reach out to the community and deepen relations with the citizenry. As leaders, they must protect the world from terrorist ideology by delivering positive messages and providing good governance, speaking out with passion to lead the fight against terrorism.

The workshop noted that terrorists have become very creative in their

outreach through the internet. In 2002 there were 202 websites; today there are more than 300.

People are seduced and recruited via online communication. internet websites promoting terrorist ideology and tools of terror should be banned and the terrorist held accountable.

Cyber terrorism has also become a real threat to governments. The fight against terrorism might require the suspension of certain rights and freedoms of citizens, it was suggested.

Unless it provides the fruits of freedom, democracy becomes meaningless. In the pursuit of true democracy, peace and security, terrorism is an enormous challenge.

It impacts on democracy and affects people’s lives and must be separated from religion.

The fight against terrorism might include the suspension of certain rights and freedoms of citizens, said some delegates.

Terrorism and Democracy Sen. Syed Muzaffar Hussain Shah of Pakistan determined that terrorism poses a direct and indirect threat to democracy. The direct threat is a result of terrorism’s ability to undermine the fundamental security that nations and international organizations provide their citizens, which is the foundation of the legitimacy of a government. Terrorism also poses a direct threat to the basic human rights of life and property.

But he argued that the indirect threat to democracy is by far the most dangerous. The war on terrorism challenges the very existence of democratic institutions of nations and their ability to ensure the security of their citizens without harming innocent people.

Terrorists can and indeed are attempting to cause democrats to ignore principles of democracy to counter the fears that terrorism brings. When democrats abandon

272 | The Parliamentarian | 2012: Issue Four

Workshop G.indd 272

17/01/2013 15:05:41

WORKSHOP G TERRORISM

The panel at Workshop G, including the discussion leaders, the Moderator, rapporteur and CPA Secretariat representative.

their principles, even in the short term, this will bring the ultimate demise of democracy. So Parliamentarians should not allow themselves to fear terrorism but instead should discipline themselves to ensure the principles of democracy and peace prevail.

Terrorism cannot be allowed to destroy the principles of democracy.

Terrorism’s online outreach Hon. Irene Ng, MP, of Singapore stated that terrorists have become very creative by way of their outreach through the internet. The 50-per-cent increase in terrorist websites in the last decade means more people can be seduced and recruited via communication online.

Terrorists have broadened their efforts in an attempt to reach the international community, for example, the South-East Asia Region has become a hotspot for terrorist activity.

Terrorists groups have changed their strategy and modified their modus operandi in response to continuous changing technology and security upgrades.

Terrorists’ elements have been improving and expanding their outreach to persons at large by using new methods such as conducting sophisticated media campaigns increasingly through the internet.

Previously, websites supportive of Al Qaeda were mainly in the Arabic language; but in recent years more English-language sites with Englishspeaking radical preachers are emerging in cyberspace.

Such online activity has heightened the threat of radicalization and produced self-radicalized persons who act outside of terrorist organizations. These developments pose unique security challenges and, as communities worldwide

become increasingly connected via the internet, terrorist threats are likely to rise.

All over the world, terrorists are constantly trying to subvert state institutions, disrupt the democratic process, and foster hatred, anger and violence in our societies.

Trends and forms Hon. Maj. Jim K. Muhwezi, MP, of Uganda outlined the many forms terrorism threats and attacks can take, including conventional terrorism, which involves political and religious extremism, as well as cyber terrorism and the use of weapons of mass destruction such as chemical, biological and nuclear weapons.

Trends in terrorism appear to be loosely organized, self-financed international networks of terrorists including radical Islamic groups or groups operating under the pretext

of religion. There is growing political participation of extremist Islamic parties in many nations and also the growth of cross-national links among different terrorist organizations. This trend may involve combinations of military training, funding, technology transfer or political advice.

He attributed the causes of terrorism to factors including: poverty and impoverishment, political and economic corruption, social exclusion, racial hatred, injustice and slow economic, social and political development.

Causes of Terrorism Hon. Lt. (Rtd) Amodoi Cyrus Imalingat, MP, of Uganda sited issues of unemployment, unscrupulous government policies, gender discrimination and world disarmament commencement as some causes of terrorism.

The Parliamentarian | 2012: Issue Four | 273

Workshop G.indd 273

17/01/2013 15:05:54

WORKSHOP G TERRORISM

This page: Discussion leaders Hon. Irene Ng , MP, (left) of Singapore and Hon. Maj. Jim K.. Muhwezi, MP, of Uganda; Opposite page: Discussion leader Sen. Syed Muzaffar Hussain Shah of Pakistan (right), addresses delegates, with Moderator Hon. Elijah Okupa, MP, of Uganda.

Sen. Shah argued that the lack of employment and social justice and the inequitable distribution of wealth cause discontent. Voters expect to have the services of electricity, water, roads and other facilities immediately. There must be tolerance in democracy for there to be peace and the right to differ from another person’s opinion must be respected.

Hon. G. Karthikeyan, MLA, of Kerala stated that terrorism is often said to be committed in the name of God, but it is really because of political egos.

Shri Pinaki Misra, MP, of India stressed that terrorism has no religion; that terrorism in India has never been home-grown.

How to counter terrorism Ms Ng said that the message of

counter-terrorism must be direct and evolving. In Singapore, Muslims play an important role by registering approved religious leaders to ensure that the right ideology is taught. Given the complexity and persistence of the terrorist threat, counter-terrorism measures need to be dynamic and relevant to meet these security challenges effectively.

Apart from keeping up operations to neutralize threats, Parliamentarians must step up efforts to counter the spread of radical ideology in the real world and also in the virtual world, which fuels the jihadist movement.

Since it is not possible to block out the internet, the next best thing is to educate people so that they can identify terrorist ideology and be on their guard against radical ideas.

They can also be Members’ eyes and

ears on the ground, helping to keep the country safe by reporting radical behaviour and activities. It is important to treat extremist behaviour not only as a law-and-order problem but also as an ideological problem.

Shrimati Sumitra Mahajan, MP, of India sited terrorism as a global phenomenon which needs comprehensive attention and efforts while Sen. Dr Muhammad Farogh Naseem from Pakistan suggested that new laws are required to deal with new forms of terrorism.

Hon. Phillemon Moongo, MP, from Namibia indicated that social, distributive and retroactive justice must be addressed in order to fight terrorism in addition to taking practical action.

Maj. Muhwezi expressed the need to separate religion and

terrorism and indicated that social injustice and social hatred must be denied to discourage terrorism.

Counter-terrorism programmes must be implemented alongside good governance and development.

Yemen emphasized the fact that citizens must be engaged and also protected from terrorist ideology.

Sen. Shah proposed the implementation of new laws and the banning of internet websites to prevent fund-raising and access to terrorist teaching.

Terrorism must be dealt with on multidimensional global, national and grassroots levels with a focus on the socio-economic and distributive justice system. There should be national policies to alleviate alienation and deprivation since no section of society must feel deprived. Civic

274 | The Parliamentarian | 2012: Issue Four

Workshop G.indd 274

17/01/2013 15:06:07

WORKSHOP G TERRORISM

leaders must reach the public in a positive way, he said.

Hon. Elijah Okupa, MP, of Uganda urged that ideas must be shared and the message of democracy and good governance must be preached.

The issue of mindset must be addressed. Registering teachers of religion must be implemented and a checklist developed to see where counter-terrorism measures are going.

International action Hon. Jonathan Obuebite, MLA, of Bayelsa focused on the practice of non-negotiation with terrorists and America’s open condemnation of some countries and apparent approval of other countries’ actions.

The United Nations process against terrorism should be followed by the

Commonwealth as a group.

Hon. Eran Wickramaratne, MP, of Sri Lanka stated the fight against terrorism involves the suspension of rights and freedoms of all citizens.

Hon. Mussa Zungu, MP, of Tanzania reflected on the fact that the outcome of the CPA conferences is not transmitted to the Commonwealth by way of recommendations going forward. Maj. Muhwezi suggested that recommendations be made and solutions created to deal with terrorism. Intervention in the early stages of terrorism is necessary. Sen. Shah opined that power and the fruits of social development should be shared. Terrorist leaders must renounce the use of force, surrender arms and set clear parameters for the rules of engagement.

Hon. Farida Amour Mohammed,

MLA, of Zanzibar advocated that the weak in society must not be allowed to fall into the hands of terrorists.

Zanzibar is 99 per cent Muslim and there is no terrorism taking place. The CPA forum should be used to state exactly what happens in different countries.

New approaches Maj. Muhwezi concluded that society does not believe that Islam promotes terrorism and so Muslim leaders must condemn terrorist acts. Manufactures of arms and ammunitions must be challenged in the countries where these are made. While all the issues cannot be addressed, citizens can use the democratic system to vote governments out. Democratic countries must unite and speak with one voice against terrorism.

Ms Ng explained that terrorism is not about Islam, it is about a network that will use Islam to terrorize the world.

The experiences in Singapore have caused a true awareness of Islam and Muslims. Muslims’ help is needed to quell the fears of terrorist attacks. In Singapore there is open dialogue with all religious leaders where trust and understanding are the basis of discussion.

Sen. Shah reasoned that the lack of employment, lack of social justice and the inequitable distribution of wealth cause discontent. Voters expect results from democratic governments. There must be tolerance in democracy for there to be peace and the right to differ from another person’s opinion must be respected.

The Parliamentarian | 2012: Issue Four | 275

Workshop G.indd 275

17/01/2013 15:06:19

WORKSHOP H - YOUTH UNEMPLOYMENT

58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Workshop H - 12 September 2012

TACKLING YOUTH UNEMPLOYMENT

Moderator: Dr Nafisa Shah, MNA, Pakistan Discussion Leaders: Mr David Amess, MP, United Kingdom Hon. Wade Mark, MP, Speaker of the House of Representatives, Trinidad and Tobago Mr Gregory de Paepa, Policy Analyst, Europe, Middle East and Africa Unit, Organization for Economic Co-operation and Development Mr Donglin Li, Country Director, International Labour Organization

Youth unemployment in many countries is a growing problem that warrants intense and expeditious action guided by a systematic and nation-wide government action plan starting with the education system.

Educational and training programmes should be designed to make people employable in both the public and private sectors.

Higher female unemployment also needs to be addressed as young women should have opportunities for employment which are equal to opportunities for young men.

In order to be productive, young people should have access to technological and technical tertiary education. Additionally, labour market information on employment opportunities should be easily accessible by every young person.

Employment in the agricultural sector was also stressed. The contribution to national productivity from this sector is very high and more people could find employment there.

It is important to focus on the impact of under-employment as well as unemployment. Most young people in some countries were said to aspire to jobs in the government sector and when it is unable to accommodate them, they become frustrated. Young people seeking employment after education could be engaged in voluntary services until they find jobs.

More than a growing global statistic According to the International Labour Organization (ILO), 75 million youths are expected to be unemployed in 2012 and the global youth unemployment rate, which currently stands at 12.5 per cent, is expected to show no improvements up to 2016. It has shown the increase of four million people since 2007.

The issue of decent work for young people has also been placed centrally in discussions at national, regional and international levels. Initiatives

are needed to create and maintain decent work for youth, safeguard social, economic and political stability, accelerate a job-rich recovery from the global economic and financial crisis and prevent a recurrence of such a crisis.

Currently comprising almost half of the world’s population, the present and potential value of youth towards economic and social development cannot be understated. Noted for their hope, ambition, commitment, creativity and capacity for innovation, young persons are not simply “the future” or “tomorrow’s leaders”, they are an integral part of the present world and are not only beneficiaries but also partners in development.

Generally, a youth could be as old as 35 years (the maximum) and as young as 12 years (the minimum).

The initiative taken to address youth unemployment in Trinidad and Tobago could be sighted here as an example. There have been a number of initiatives at the global, hemispheric

276 | The Parliamentarian | 2012: Issue Four

Workshop H.indd 276

17/01/2013 15:06:51

WORKSHOP H - YOUTH UNEMPLOYMENT

From left to right: Discussion leader Mr Gregory de Paepe, of the OECD; Moderator Dr Nafisa Shah, MNA, of Pakistan; Mr Donglin Li. of the International Labour Organization; Mr David Amess, MP, of the United Kingdom; and the Speaker of the House of Representatives of Trinidad and Tobago, Hon. Wade Mark, MP.

and international levels targeted at addressing the youth unemployment situation over the past decade. In the wake of the recent global economic and financial crisis, these efforts have been strengthened and accelerated.

Youth unemployment has been the main focus of many conferences and discussions, including at Commonwealth Heads of Government Meetings, the United Nations, the International Labour Organization and the Summit of the Americas, in which various recommendations to combat this problem have been brought to the forefront.

Action plans In May 2012, the ILO convened its first Global Youth Employment Forum

which brought together approximately 100 young leaders from all regions of the world to share experiences and views on the current employment situation, youth transition to decent work, and partnerships for more and better jobs for young people. The outcome of this discussion was a comprehensive framework for action, which outlines broad priorities to be addressed by governments, social partners and the ILO under the following areas to urgently address the youth employment crisis: • Employment and economic policies for youth employment; • Employability – education, training and skills and school to work transition; • Labour market policies;

• Youth entrepreneurship and selfemployment, and • Rights for young people.

• Secondary school systems should be strengthened to ensure that students move on to further education or to productive roles in the economy and to ensure that young people are literate, numerate and possess critical thinking skills. Entrepreneurship and apprenticeship could also be encouraged.

The national youth policy adopted in Trinidad and Tobago is a broad framework that identifies the key issues affecting young people and creates specific courses of action to address these issues. In the case of employment, the National Youth Policy could focus on the

development of a youth employment and employability policy.

The National Business Incubation Policy harnesses domestic talent and promotes the training of individuals in entrepreneurial skills in a structured fashion. The policy aims to increase employment or self-employment, including among youth through the National Integrated Business Incubator System.

Education is key Tertiary education, technical and vocational education and training and lifelong learning play a pivotal role in the social, economic and cultural development of a country.

According to the ILO, a solid formal education, as well as effective and relevant vocational training, labour

The Parliamentarian | 2012: Issue Four | 277

Workshop H.indd 277

18/01/2013 11:09:35

WORKSHOP H - YOUTH UNEMPLOYMENT

Ms Moana Mackey, MP, of New Zealand, (forefront of picture) with fellow delegates in Workshop H.

market information and services and work experience are recognized as key factors in raising employability for successful insertion in the labour market.

The programmes and services offered in Trinidad and Tobago to enhance youth employability are: • Reform of educational curricula from early childhood care and education to secondary school.

• Free tertiary education – through government assistance for tuition, students are able to access tertiary education at the undergraduate level free of charge at both private and public tertiary level institutions.

• Workforce Assessment Centres – These centres serve as serve as skills assessment and recognition facilities designed to increase access to and participation in post-secondary education and training using a system of prior learning assessment and recognition to assess and certify

competencies gained through nonformal means.

• Skills Development Programmes – Most of these programmes are targeted at youths.

Skills development programmes Trinidad offers the following examples of programmes to develop skills.

• Youth Training and Employment Programmes – This programme provides training in career enhancement services, inclusive of numeracy and literacy skills, vocational skills training and entrepreneurial and attitudinal training.

• Multi-Sector Skills Training Programme – Under this programme, training is provided in construction, hospitality and tourism for eligible citizens. Construction sector trainees receive training at construction sites and on other construction related projects.

• Youth Apprenticeship Programme in Agriculture – This programme places young people as interns in a range of successful private and public sector agricultural enterprises to develop skills in farm management, production of crops and livestock and ornamental horticulture.

There is a rich mix of policies and programmes involving both private and public sector contribution which has been propelling entrepreneurship in Trinidad and Tobago with particular focus on youth in micro and small enterprises and co-operatives.

As part of the effort of promoting decent work for all, the Trinidadian government has been intensifying its outreach programmes aimed at educating persons on rights and responsibilities in the workplace. This is being complimented by actions aimed at strengthening the labour inspection functions to enforce labour laws effectively to protect all workers

including young persons from exploitation.

Preparation for the workplace Unemployment in the United Kingdom was seen as a problem for all age groups, including young people. Advances in technology constantly change job requirements and do away with many types of jobs in some sectors.

Programmes could focus on helping young people to prepare themselves to get jobs, including education and training courses and assistance to show how to present themselves at interviews. Finding voluntary work was recommended so there are no gaps in young people’s activities between leaving school and finding a job. The need to change people’s views of acceptable employment was mentioned, so people, especially young people, do not sit at home instead of taking menial jobs.

278 | The Parliamentarian | 2012: Issue Four

Workshop H.indd 278

17/01/2013 15:07:18

WORKSHOP H - YOUTH UNEMPLOYMENT

Education programmes focused on vocation training and in providing a common-sense approach to life was favoured. Work experience and apprenticeship programmes form an important part of this approach.

The impact of unemployment upon individuals can be very hard indeed, both economically and emotionally.

The education system must also focus on more vocational type of training. Job specific training is of vital importance, not just for increasing the employability of young people but also for filling specialist roles within the economy.

The Australian model, in which 40 per cent of the young people go into industry-specific training after school, and the German model in which dual education between school and industry is provided, could be adopted.

Special attention needs to be paid on young women who are unemployed as they often leave education earlier than men in some societies.

Youngsters were said to often aspire to jobs in the government sector even though there are no vacancies. Having failed in securing a job in this sector, they become frustrated. The private sector has to play an important role in creating jobs.

Quality of growth It was noted that strong economic development statistics and rising education levels have been registered

by African countries in the last decade but there were also complaints that this growth has not created many jobs while populations have been rising rapidly. Projections show continued growth in the numbers of young people across that continent.

Finding jobs for educated young people will reduce the social tension that arises when countries have high levels of educated but unemployed youths.

A warning was sounded that youth unemployment levels are actually higher than the statistics show because many young people are in unstable or informal jobs or are not recorded as being either

employed or unemployed. In developing countries, there are usually no government support programmes to help these young people.

The gender issue was raised as it was noted that in many developing countries girls leave education sooner than boys and they frequently end up as unpaid labour in family businesses.

They then receive no training.

The economic and social environment The primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity.

The global employment situation has been in a dire state since the onset of the global financial crisis in 2007, and is unlikely to get better due to the continuing sovereign debt concerns in Europe and the overall slowdown being witnessed in emerging economies. There are 228 million young persons who live on less than $2 per day.

The ILO’s Global Employment Trends Report of September 2012 has warned of a “scarred” generation of young workers facing a dangerous mix of high unemployment, increased inactivity and precarious work in developed countries, as well as persistently high levels of worker poverty in the developing world.

Governments around the world are concerned about the high levels of youth unemployment and underemployment because of not only the direct economic costs, but also due to the social impact of joblessness as manifested by increased crime, mental health problems, violence, drug taking and social exclusion.

Unemployment and underemployment are such critical issues that the ILO has been providing technical support to the Sri Lankan government in the formulation of its National Human Resources and Employment Policy, the workshop heard.

The ILO is addressing youth unemployment issues in close collaboration with citizens and the UN

family and has worked on the issue of decent work for youth in Sri Lanka for many years. The ILO supported Sri Lanka to be one of the world’s leading 19 countries under the UN Secretary General’s Youth Employment Network (YEN) Programme. A youth resolution from Sri Lanka, based on consultation with young women and men from all 25 districts of the country, was tabled at the 2012 International Labour Conference.

It urges an inclusive approach that echoes “no solution for us without us”.

Tackling youth employment issues For the ILO, the promotion of decent work for young people is a central concern. Collective action that could help change the future for young people includes: better training and education and measures to prepare young people for the labour market; the encouragement of youth entrepreneurship and enterprise development; the effective implementation of international labour standards and the defending of labour rights; the engagement of youth in social dialogue, and a sharing of experiences in tackling youth unemployment challenges.

The ILO has initiated programmes globally, including in Sri Lanka, to support youth employment premised upon equality, employability, entrepreneurship skills and employment creation.

Member States of the ILO this year called for immediate, targeted and renewed action to tackle the young employment crisis through: macro-economic policies, employability, labour market policies, youth entrepreneurship and labour rights. Balanced, coherent and complementary policies are needed to ensure a robust response to the crisis, the workshop heard.

Youth employment must be accorded the highest priority on the agenda of the Commonwealth, it was argued. Parliamentarians and those in public life play a critical role in keeping youth issues central to discussions on development and sustainable development.

Young people must be actively involved in the discussions and in the development, implementation, monitoring and evaluation of policies, programmes and projects.

Special attention is required for those youths who are at risk or disadvantaged based on their geographical location, socioeconomic status or environmental conditions.

New technologies, such as the social media, should be used to keep them engaged and involved in decision-making at the highest political levels and at the regional and national levels.

Youth Parliaments were described as an important concept and more people should be given opportunity to participate in them.

Changing mindsets Members suggested that more young people should be encouraged to be employed in blue-collar jobs instead of office work. There must be an attitudinal change in the minds of youngsters.

Blue-collar jobs cannot be undermined. Sensitization and mobilization of young people are necessary to take up any kind of job.

Pay for many jobs is not sufficient. A minimum wage should be prescribed and there must be a suitable and pleasant environment in which to work.

Young people should also be encouraged to be entrepreneurs in the business and industrial sectors.

Micro-credit schemes might be useful for young people to engage in small businesses and industries.

It was suggested that the retirement age could be reduced so that more young people could be accommodated in the work force.

This would require the establishment of attractive retirement plans.

Another suggestion was that groups of youths should be provided with loan facilities to invest, with proper guidance and mentorship. Engaging young people in voluntary services was suggested; but it was also noted that they needed to earn a livelihood during this period of service.

The Parliamentarian | 2012: Issue Four | 279

Workshop H.indd 279

17/01/2013 15:07:27

CWP SESSION

58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka CWP Session - 12 September 2012

IS THERE SUCH A THING AS A WOMEN’S AGENDA IN PARLIAMENT? IF NOT, WHY NOT? IF SO, WHAT SHOULD IT BE? Chairperson: Hon. Alix Boyd Knights, MHA, Chairperson of the Commonwealth Women Parliamentarians and Speaker of the House of Assembly, Dominica Discussion Leaders: Dr the Hon. Sudarshini Fernandopulle, MP, President of the Commonwealth Women Parliamentarians, Sri Lanka Sen. Helen Polley, Australia Ms Myrna Driedger, MLA, Manitoba Ms Kemi Ogunsanya, Gender and Political Development Adviser, Commonwealth Secretariat

Some Members expressed the view that the idea of a women’s agenda in Parliament in itself marginalizes women, while others argued that such an agenda is necessary due to social inequalities that cripple women and restrict their movement in the political arena.

A women’s agenda was opposed because it would reinforce a male perspective that women require special treatment due to a lack of capacity and capability. Equality must be achieved through strategic plans of action that are the result of a combined effort to instigate changes in social, economic and political spheres as opposed to a specific agenda imposed on society.

Members opposing this view pointed out that most institutions, including Parliament, were established by men for men, which makes a women’s agenda in Parliament necessary to ensure the decisions made by Parliament are

scrutinized through a gender lens and are gender-sensitive. To promote women to take leading roles in public life and to ensure that others accept and acknowledge this role, it is necessary to have an agenda that responds to the various degrees of discrimination in each country.

All participants were in agreement that women’s representation in Parliament is an issue that requires further attention. The need to encourage the younger generation to take part actively in politics and the role of women leaders within the CPA in advocating change would hopefully shift the attitudes of both men and women towards equality and fair treatment.

Making a difference The Commonwealth Women Parliamentarian’s session began with the soft but powerful resonance of the CWP anthem with all delegates rising together to sing the first verse of the

anthem. They were all in agreement that women, who constitute over 50 per cent of the world’s population, require a stronger presence in Parliament in order to ensure that decision-making is gender-sensitive.

The world average for female representation in Parliament as at 2012 is 19.5 per cent; but this drops down to what was described as a dismally low figure in the case of Arab states while some southern African and Asian countries also record relatively low figures.

Women will bring a different set of skills than that of men to the decision-making process which would help enhance the quality of the decisions made, it was argued.

The question posed by Ms. Lovitta Foggo, MP, of Bermuda – “What can we do as a group?” – was repeated by many other Members of the CWP as well and the role of the CWP as an agent of change in this process was discussed.

280 | The Parliamentarian | 2012: Issue Four

CWP session.indd 280

17/01/2013 12:09:49

CWP SESSION

Members of the CWP Steering Committee with SecretaryGeneral Dr William F. Shija.

Women encounter a plethora of problems in every sphere in which they strive to make a difference. Social and cultural impediments as well as financial restraints keep women shackled in a secondary position and that makes it much harder for women to participate in the political arena.

The 2012 President of the CWP, Dr the Hon. Sudarshini Fernandopulle, MP, of Sri Lanka, pointed out that women possess a tenth of the world’s income and that 70 per cent of the people living on one dollar a day are women.

Ms Kemi Ogunsanya, a Gender and Political Development Adviser at the Commonwealth Secretariat, described how women of some countries are faced with physical violence when participating in elections and are reduced to hiring bodyguards at their own expense to protect themselves. In some

countries, women are restricted from carrying out their campaigning work due to curfews which prevent them from canvassing in the night.

A women’s agenda in Parliament is necessary to overcome such inequalities and gender discrimination which prevent women from reaching their true potential.

This process must begin in Parliament itself so, as the first step, it is necessary to consider how gender sensitive the Parliament is.

Does Parliament provide day care facilities for children? Is the Presiding Officer addressed as Chairman or Chairperson? Are there maternity benefits and do male Members of the Parliament take parental leave?

Restrictive socio-cultural attitudes as well as limited financial resources make it imperative that women are given special consideration, hence an agenda is necessary to ensure that

women are effective participants and valuable contributors in all aspects of the society, she said.

Differing perspectives An agenda for women was seen as critical in the sense that social, cultural and economic issues affect men and women differently. For example, in Africa issues of food security affect women more than men. Similarly, all institutions created “by men for men” pose various challenges to women as they struggle to find a level footing in a world of imbalances.

The need for an agenda for women which would review policies and legislation through a gender lens to sensitize them to the issues faced by women was therefore said by many to be essential. Through such actions as setting up parliamentary committees, women’s caucuses and special working groups, and

appointing a Minister dedicated to promoting women’s interest, women Parliamentarians could be powerful tools for policy monitoring in order to reduce gender disparities. They can influence policies pertaining to women in the budget, ensure legislation before Parliament is gender-sensitive and create gender awareness within Parliament in general.

Putting across her views on the matter at hand, Sen. Helen Polley, the Australian representative on the Commonwealth Women Parliamentarians Steering Committee, pointed out that it is necessary to promote women to take a leading role in public life and to ensure that others in society acknowledge and accept this.

But she said that getting women’s voice heard in Parliament is not only a matter of getting the right number

The Parliamentarian | 2012: Issue Four | 281

CWP session.indd 281

17/01/2013 12:10:04

CWP SESSION

Left: Vice-President of the CPA Africa Region and Speaker of the Gauteng Legislature, Hon. Lindiwe Maseko, MPL, (left) ; Right: Sen. Helen Polley of Australia.

of female representatives elected.

Powerful and effective results can be achieved through the use of a good agenda, even with a small percentage of representatives. Therefore, an effective agenda could indeed be a vital tool to make women part of the mainstream and give them a level playing field in which to engage in social, political and economic activities on a par with men.

Special places Women benefit in some jurisdictions from special measures to enter Parliament. Ms Ogunsanya pointed out that strong insistence by very powerful leaders such as Nelson Mandela that women be given an

equal opportunity to participate in elections has resulted in the election of many female candidates in South Africa. She expressed support for a rule that no subsidies be given to political parties which do not have women as 30 per cent of their candidates.

Delegates opposing this view said that a women’s agenda would marginalize women in terms of the male perspective that women require such special treatment due to lack of capacity and capability.

In order to be treated equally, social concepts and attitudes must be challenged by women. Respect for the capacities and capabilities of women must be created. All

successful civil rights movements in the history of the world are marked by struggles. Therefore, it was argued that women must fight to achieve equality and fair treatment.

If men are of the opinion that women reach positions of power in social, political or economic sphere as a result of selective treatment which favors them, the whole purpose of striving to achieve equality is lost.

The very steps taken in the effort to realize the goal of equality would then be the cause of discriminatory treatment.

Therefore equality has to be achieved through strategic plans of action that are the result of combined efforts to instigate changes in social,

economic and political spheres as opposed to a specific agenda that is imposed upon the society.

The social, cultural and economic conditions are not the only hurdles that hinder the political progression of women.

As a result of factors such as the demanding hours of a politician, the popular view that politics is a bloodsport and even the uncertainty among some women of their own capabilities, women are increasingly being disengaged from politics.

Young people too seem to have little engagement with politics and rarely consider it as a potential career. It is important to consider how the next generation is socialized.

282 | The Parliamentarian | 2012: Issue Four

CWP session.indd 282

17/01/2013 12:10:21

CWP SESSION

If young people are socialized in a gender-unbiased setting and are taught to respect men and women equally, the future would certainly hold much more promise than the present. Hence, it is necessary that action is taken to transform negative and discriminatory attitudes into more positive and supportive feelings which would enable women to have a stronger foothold in their endeavor to eliminate discrimination and achieve equality.

In the words of Ms Myrna Driedger, MLA, of Manitoba, the Canadian Member on the CWP Steering Committee, “perhaps it should be about building a new house, not breaking the glass ceiling”.

International action Delegates expressed the importance of carrying out an analysis of international declarations, covenants, treaties, conventions and optional protocols that cover issues concerning women which have been ratified by each country. It is also necessary to consider the manner in which each country is implementing and enforcing the articles of each instrument that they have been ratified.

Ms Ogunsanya explained that research is already under way regarding the extent to which all international agreements have been signed by African states. Similar to Africa, the issue faced by many

countries which have already ratified a number of conventions and protocols on women is the difficulty of enforcing them.

The role of the CPA as an advocate of change was said by delegates to be crucial. The CPA offers a level playing field to Members of all Commonwealth Parliaments and Legislatures, whether they are from an industrial giant or a small island nation.

Members from each and every jurisdiction get the opportunity to interact with each other and discuss their issues as equals. Therefore, it is a suitable platform upon which issues of the rights and roles of women can be taken up.

It was proposed to request that more time be allocated to CWP sessions in future Commonwealth Parliamentary Conferences in the hope of discussing their pressing concerns at length. In the quest to make women a part of the mainstream, the CWP as a group holds a vital position. Female leaders within the CPA must break new ground in developing the organization into an organization that is even more sensitive to the issues of women, it was argued.

Singing the complete anthem of CWP with much joy and enthusiasm, the delegates concluded the CWP session of the 58th Commonwealth Parliamentary Conference.

The Parliamentarian | 2012: Issue Four | 283

CWP session.indd 283

17/01/2013 12:10:35

PLENARY SESSION SOCIAL MEDIA AND POLITICS 58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Plenary Session - 14 September 2012

THE ROLE OF SOCIAL MEDIA IN MODERN-DAY POLITICS

The social media must be used

by Parliaments, Parliamentarians, governments and political parties as they are highly effective tools to involve and inform citizens in public policy-making and in the formation of governments. But all these groups must develop strategies to deal with a wide array of both positive and negative effects of these rapidly growing media, argued participants in the final plenary session.

The positive effects of the various forms of social media were laid out as Members recorded a high degree of their own participation in some or all of the social media. These media can empower the public in a way that is far faster, cheaper and more pervasive than other forms of communication.

They encourage pluralism, reach young people more than other media and encourage greater participation, accountability and transparency.

Parliamentarians can use their “celebrity” status in such media as Facebook and Twitter to interest

people in politics and political issues.

Social media have been effective in election campaign fund-raising, especially encouraging small contributions from individual voters.

But delegates cautioned that the social media alone cannot change the world and institutions and individuals in the political field must learn how to distinguish between good and bad uses. The uncontrolled nature of social media postings means they can be misleading and manipulative and can misinform. Irresponsible and irrelevant material can also overload readers and swamp genuine political reporting and comment – and the capacity of individual Members to deal with them.

The social media can be used to fuel rioting, as happened in the United Kingdom in 2011. They are not yet fully available in developing countries and, even in countries with good urban internet access, they are often not readily accessible by rural citizens and by the poor.

However, the workshop noted the social media are such powerful, effective and low-cost information sources that the problems surrounding them cannot and should not stop Parliaments and Members from developing effective ways to use them to inform responsibly and, in so doing, help teach young people how to separate good information from bad.

Transforming society The rapidly advancing world of information technology affects all spheres of life but none more so than politics and the replacement of authoritarian governance with democratic governance, said the Speaker of the Nigerian House of Representatives, Hon. Aminu Tambuwal, MHR. Easy access to information from around the world promotes liberty, competition and choice. It can also be used to advance respect for the rule of law and human rights and

other indices of good governance such as equality and free and credible elections. Use of the new social media enables group thinking to promote concepts such as the independence of the judiciary, the development of civil society, multiparty systems and democratic institutions which are participatory, transparent and accountable, he said.

Mr Tambuwal added that social media challenged the established media by enabling individuals to report their own views on governments.

Their ease of access and wide coverage enable wide-spread political participation and such developments in one part of the world can affect other regions very rapidly.

But the Nigerian Speaker cautioned that the interface between technology and social interaction is not yet universally available.

Computers, cell phones and internet access are still not available to large sections of the populations of developing countries.

284 | The Parliamentarian | 2012: Issue Four

Final Plenary.indd 284

17/01/2013 12:11:51

PLENARY SESSION SOCIAL MEDIA AND POLITICS

The Speaker of the Nigerian House of Representatives, Hon. Aminu Tambuwal, MP, (left) and Canadian MP Mr Russ Hiebert (right) led discussions in the effect of the social media on politics.

A force for good Describing the social media as a huge source of information with enormous potential to inform and connect people, Dr the Hon. P.J. Kurien, MP, Deputy Chairperson of India’s Rajya Sabha, said YouTube, Facebook and other such media empower and unite people. Political leaders can raise social and political issues and shape public opinion, and the media can give a voice to those who previously did not have one.

With connections to billions of people, and reaching millions of users daily, they make more information available to people than ever before, remove barriers to collective action and promote pluralism. As they are more widely used by young people, Dr Kurien saw them as a way to engage youth in politics.

He encouraged policy-makers, political parties and MPs to use the new media to better understand the views and needs of the people, and

to use it to reach the people with more information which he said will in turn re-inforce public trust in the role MPs are playing on the people’s behalf. It will also provide them with the information they need to hold their representatives accountable in a more transparent system of governance.

While the public can use the social media to influence political debate, he said they can also be used by political parties to mobilize voters. More generally, the social media can also be used to enable faster responses to crises.

But he also encouraged caution in the use of the social media. Much of the information being disseminated is anonymous and can be dangerous and misleading. Domination by special interests and people expert only in communications is also easy.

Challenging perspectives A Canadian MP took a different

position, urging MPs to understand the social media better to use it more effectively.

Mr Russ Hiebert, MP, noted the social media focus on celebrity gossip, so MPs can use their own celebrity status to focus attention on political policies and programmes, to answer questions and to respond to the needs of voters. Public expectations of participation, accountability and transparency are rising, as is social media use, so MPs can use them to improve their visibility and build support, as well as to raise funds, encourage voters to go to the polls and get responses on issues from stakeholders. Using Members’ celebrity status enables them to put politics at the forefront in the public eye, exchange information and enable constituents to see that politicians are active, real people who are working for them.

He added that the traditional media also follow politicians on the

social media so material Members post of the social media can get them news coverage as well.

Mr Hiebert said that the Obama presidential campaign in the 2008 United States elections had more than 13 million addresses it could use to contact voters and get them out to vote. The campaign found the social media could also be used to solicit donations, especially small donations.

The Canadian MP advised that the internet should be integrated into all political activities. Members should claim their names on social media sites before others do and use their names to misrepresent them. Social media sites should be monitored and updated continually to show that the Member is up to date, relevant, active and responsive. Members should link their sites to other community sites, which they should select with care to show their involvement in their community. And sites they use and are linked to should be monitored

The Parliamentarian | 2012: Issue Four | 285

Final Plenary.indd 285

17/01/2013 12:12:17

PLENARY SESSION SOCIAL MEDIA AND POLITICS Prof. Tim Unwin (left) advised Parliamentarians to be cautious when using social media; while Baroness Gardner argued that advances in communication technologies had brought about many changes to working practices.

to ensure the same messages are consistently given on each site.

Mr Hiebert also disputed the common view that the social media can only be used to reach young people. He noted that the average age of Twitter users is 39 and 64 per cent are over age 35. Similarly, the average age of Facebook users is 38 and 61 per cent are over 35.

Not necessarily in the public interest A cautionary approach to the social media was advised by the Chief Executive of the Commonwealth Telecommunications Organization, Prof. Tim Unwin. Access to technology, which currently is still far from universal, will not create democracy although it can be used to help democratize a country. If not used properly, it can lead to damaging errors and can in fact undermine democracy.

The social media are still too young to judge their long-term effect on democracy, he said. For example, while 13 per cent of the world’s population is on Facebook, it is not clear whether this is a large or small

percentage. By operating outside of geographical limits and traditional time constraints, the social media can create communities anytime, anywhere. They are the cheapest form of communication, but only for those with access. They create information, but they also discourage the acceptance of information which is filtered down from the top to the masses. The social media are changing the information elite and the direction of information flows.

Prof. Unwin said that MPs can use the social media in various positive ways; but if they don’t respond to social media messages they appear to be out of touch, unresponsive or uncaring. Parliaments need to manage their use of information and communications technology very carefully.

While governments cannot control information on the internet, they can use it to spread disinformation or to increase their influence inordinately.

The social media invades privacy and allows governments, MPs and others to tailor information to what the public wants rather than what they need to know. Cyber security is a very

fast-moving area and the world must determine how information can be protected The poor and the disabled can be marginalized, and the development divide between rural and urban areas can be increased by limited accessibility.

Prof. Unwin emphasized that technology can be misused and the social media may not operate in the best interests of the people or of democracy. They can be counterdemocratic, he said, noting that rioting in parts of the United Kingdom had been fuelled by the use of the social media.

Questions raised A South African Member, Hon. Santosh Vinita Kalyan, MP, questioned whether electronic communications were environmentally friendly and agreed with Prof. Unwin that the long-term implications of social networking are not yet known. She also questioned whether comments by Members made in one of the social media are protected by parliamentary privilege.

Prof. Unwin replied that information and communications technologies are not always environmentally friendly.

Mr Hiebert said that privilege

protects Members only for comments made in the Chamber. He said the Parliament of Canada has adapted to the demands of information and communications technology such as by providing live video coverage of the Chamber and some committee meetings, putting Members’ voting records online and publishing Members expenses and government documents.

Hansards of proceedings are available within 24 hours. Skype is also being used by Members to meet constituents, thus overcoming the great distances between Members in Ottawa and constituents across the country.

Hon. P.P.P. Moatlhodi, MP, of Botswana expressed concerns that rural constituents who can neither read nor write are being left behind by technology and increased government focus on its use. Hon. Philemon Moongo, MP, of Namibia concurred, adding that the poor and the victims of social injustice have no access to the social media and even the traditional media are not interested in social injustice.

Mr Hiebert, however, noted that pictures can present information to the illiterate and Prof. Unwin pointed to technological developments that may soon enable devices to speak to people rather than just presenting them with written text. But he added that new ways must be found to reach people in rural areas and to reach people with disabilities.

Another South African, Hon. Cornelia September, MP questioned whether Parliaments and the CPA are adapting their rules and procedures to accommodate new technologies, agreeing with the lead speakers that the new media can present a threat to democracy.

Successful electronic outreach Rt Hon. Lord Foulkes of Cumnock

286 | The Parliamentarian | 2012: Issue Four

Final Plenary.indd 286

17/01/2013 12:12:39

PLENARY SESSION SOCIAL MEDIA AND POLITICS

of the United Kingdom presented the conference with an ongoing example of how to use the social media effectively. Explaining that his Branch and his Region were supporting the addition to the Commonwealth Games of events for the disabled along the lines of the Paralympics which had recently been staged very highly successfully in London, he said he and others had Tweeted the idea and were getting a huge positive response very quickly. This generated support for the idea and demonstrated that the Commonwealth Parliamentary Conference was active and involved.

Tanzanian MP Hon. Zitto Kabwe presented other examples, explaining that Members had used the social media to generate support for changes to the copyright laws to protect authors’ rights.

Members could also use the social media to mobilize support for censure motions against Ministers.

Mr John Hargreaves, MLA, of the Australian Capital Territory suggested cabinet meetings could be conducted on Twitter for a set period to enable Ministers to respond to the public. However, he also warned that governments can seek to block information by using their control over the relay infrastructure.

Information overload A Member from the Isle of Man, Hon. Steve Rodan, SHK, voiced concerns about the effect of technology on the work of Members. How do Members

manage the communications expectations of constituents who look for instant responses rather than considered responsible answers?

The quantity of information has expanded, but has the quality of information suffered?

Baroness Gardner of Parkes said that as a Member of the United Kingdom Parliament’s upper House she had little help to deal with the flood of information. A Member who answered everything he or she received would have no time to do anything else.

She added that communications advances made possible many changes to work practices which did not contribute to healthy living, including moving children away from exercise.

Prof. Unwin suggested developing strategies on the use of technology such as making full use of automated responses which are becoming more sophisticated.

Mr Hiebert said his automated email response asks senders to send him their name and postal address if they want an answer. He only answers by mail. He also advised Members to set up group pages on Facebook so no responses were required.

He added that these sites should be monitored so inappropriate comments could be removed quickly.

Stopping misinformation Mr Rodan was among several speakers who questioned how

Members can differentiate between good and unreliable information and how they avoid having their communications systems swamped by material from pressure groups or other interests.

Hon. Request Muntanga, MP, of Zambia also sought ways of separating true information from misleading material, asking how the electronic publication of misinformation can be stopped.

Processes to stop or minimize the publication of false or misleading information was also sought by Hon. Lebohang Ntsinyi, MP, of Lesotho.

She suggested that guidelines or good practices for the successful handling of electronic information could be developed.

Dr the Hon. A. Chakrapani, MLC, of Andhra Pradesh agreed that social media and other electronic sources can pose serious problems when they publish unreliable information. He asked how they could be controlled.

Raising a different type of problem produced by the new technologies, Hon. Christine Bako Abia, MP, of Uganda reported that students writing examinations had begun using some of the shorthand abbreviations developed in text messaging.

A careful response Shri Kurien said governments are examining the issue of how – and whether – to try to control what is published on the internet.

Mr Hiebert warned that attempts to regulate content or enforce

codes of conduct would have to be considered very carefully. He recommended publicae.net as a safe internet resource designed for politicians which published content on which they could rely.

Prof. Unwin, however, pointed to an unintended benefit from the publication of both reliable information and misinformation: learning to separate good information from bad is a valuable ability to teach young people.

He and Mr Hiebert agreed that social media are still relatively recent phenomena and unintended consequences are still being identified. For example, Prof. Unwin pointed to concerns in China that the rapidly growing use of mobile phones is leading to a decline in the ability of students to write Chinese characters.

He added, however, that advances in technology could soon provide electronic alternatives to the ability to read and write.

Mr Hiebert added that the social media have effectively opened a huge experimental area whose effects are still developing. This should not, however, be an excuse for Parliamentarians to avoid participating in this emerging form of communications.

Shri Kurian also told Members that while the social media is not universally available, it is still more accessible to the poor than other media are, and that it holds great potential to improve the lives of poor people in the future.

The Parliamentarian | 2012: Issue Four | 287

Final Plenary.indd 287

17/01/2013 12:12:55

OPENING CEREMONY

58th COMMONWEALTH PARLIAMENTARY CONFERENCE Colombo, Sri Lanka Plenary Session - 11 September 2012

OPENING CEREMONY Hon. Chamal Rajapaksa, CPA President and Speaker of the Parliament of Sri Lanka

On behalf of the Sri Lanka Branch of the Commonwealth Parliamentary Association, I am honoured and privileged to welcome you all to the opening ceremony of the 58th Commonwealth Parliamentary Conference.

This is the third time we are hosting this meeting in Sri Lanka and that is a reflection of the strong commitment Sri Lanka and our people have towards the values of the Commonwealth and our dedication for Parliamentary democracy which form core values of this association.

Members of the Commonwealth Parliamentary Association are bonded by a shared history: the history of British colonialism.

This shared history runs as a thread that binds us together and undoubtedly it has enabled us to create this association and to promote parliamentary democracy and good governance among our member states.

We Sri Lankans received universal

franchise in 1931 over 80 years ago, when we were still a colony. Since receiving independence in 1948 the country has had an unbroken tradition of multi-party democracy with regularly held elections and political power alternating between different political parties.

We are intensely proud of the democratic tradition we have nurtured over these 64 years since gaining independence and will continue to ensure that Parliamentary democracy remains vibrant and robust in this part of the world.

It is because of this commitment to parliamentary democracy that the Commonwealth has bestowed on Sri Lanka, the honour of hosting the Commonwealth Heads of Government Meeting in 2013.

The Sri Lanka branch has been an active member of the Commonwealth Parliamentary Association for many years. It has played a positive role in the main forum and within the Asia Regional group. Currently, our Branch

functions as the Regional Secretariat for the Asia Region and hosted the CPA Regional Conference in 2011.

Our Branch also sits as the representative of the Asia region in the Commonwealth Women

“Let me say how proud we are, to be hosting this meeting at a time when peace in all parts of our country is irreversibly established.”

Parliamentarians Steering Committee. These are all testimony to our unreserved commitment to the Commonwealth and to its future progress.

Let me say how proud we are,

to be hosting this meeting at a time when peace in all parts of our country is irreversibly established. For 30 years Sri Lanka had to fight the worst of terrorism.

It simply destroyed the social fabric and almost divided the Sri Lankan nation into pieces. I admire the resilience, courage and patience of all our people who had to endure tremendous hardship during the long period of the conflict.

It is our firm intention to strengthen the bonds of friendship among all communities that inhabit this island and ensure that their children will grow up in a culture of peace and co-existence.

All our actions today are directed towards building a harmonious nation where discrimination will not be tolerated. As a people we are thankful to the Commonwealth for the continuous support member nations extended to us and for the understanding you showed at a time of need.

288 | The Parliamentarian | 2012: Issue Four

Opening Ceremony.indd 288

17/01/2013 12:14:10

OPENING CEREMONY

MESSAGE FROM H.M. QUEEN ELIZABETH II, PATRON OF THE CPA As Patron of the Commonwealth Parliamentary Association, I am pleased to send you and all the delegates of the Fifty-Eighth Commonwealth Parliamentary Conference, my best wishes for your meeting in Colombo, Sri Lanka.

I note with interest that representatives from approximately 170 Parliaments and Legislatures will be attending the meeting.

I was also pleased to leam that this year’s theme for discussion will be “Ensuring a Relevant Commonwealth for the Future”.

As your Patron, I much appreciate your kind message andhope that the Conference is a successful and enioyable event for all concemed.

ELIZABETH R. Balmoral Castle

My country is proud of its history, its people and its tradition of constitutional democracy.

While in Sri Lanka, may I humbly invite you to savour the natural beauty and the splendour of our motherland and to engage with her people, among the most hospitable people you will find anywhere in the world.

Ensuring a Relevant Commonwealth for the Future is the theme of this meeting and during these few days you will discuss topics relating to health and education, democracy, rule of law and human rights, the role of Parliaments, conflict resolution and peace building, gender responsive governance, terrorism, youth unemployment and the role of social media.

All these topics are of great relevance to democracies around the world and no doubt your deliberations will strengthen constitutional democracy and good governance in the CPA’s member states.

The CPA is currently engaged in a study to look at how the Association could provide better support to Parliaments from member states.

Our Branch has expressed its views

through our Regional Representative and we are concerned to ensure that the CPA remains vibrant and relevant in the years to come.

Before I conclude, I would like to express my profound gratitude to His Excellency Mahinda Rajapaksa, President of Sri Lanka for the support, guidance and encouragement extended to us in organizing this event and your presence this morning has encouraged all of us.

I must also acknowledge the support we have received from the Rt. Honourable Sir Alan Haselhurst, Chairperson of the CPA Executive Committee, Dr William F. Shija, Secretary-General of the CPA, and the staff of the CPA Headquarters.

May you have a rewarding meeting, may you forge stronger bonds among your fellow Parliamentarians, and may your deliberations contribute to strengthening democracy in all parts of the Commonwealth. I do hope that you will carry warm memories of Sri Lanka to your home country.

May the Noble Triple Gem Bless you.

The Speaker of the Parliament of Sri Lanka, Hon. Chamal Rajapaksa, MP, (left) receiving a plaque commemorating his presidency of the CPA from the Chairperson of the CPA Executive Committee, Rt Hon. Sir Alan Haselhurst, MP.

The Parliamentarian | 2012: Issue Four | 289

Opening Ceremony.indd 289

17/01/2013 12:14:40

OPENING CEREMONY

Rt Hon. Sir Alan Haselhurst MP, Chairperson of the CPA Executive Committee

The Chairperson of the CPA Executive Committee delivering his address at the opening ceremony.

Your Excellency, President Mahinda Rajapaksa – Vice Patron of the CPA, Hon. Chamal Rajapaksa,

Speaker of the Sri Lankan Parliament and President of the CPA, Commonwealth Secretary-

General, Hon. Kamalesh Sharma, Vice President of the CPA, Hon. Mninwa Johannes Mahlangu,

Officers of the Association, Members of the Executive Committee, Secretary-General CPA Dr Shija,

290 | The Parliamentarian | 2012: Issue Four

Opening Ceremony.indd 290

17/01/2013 12:15:01

OPENING CEREMONY

Parliamentarians, Clerks, Members of the Diplomatic Corp and other distinguished guests.

Ladies and Gentleman, I hope it is a comprehensive and correct introduction.

It is a very great honour and privilege for me as the elected Chairperson of the Executive Committee to stand here today on behalf of the entire CPA to thank first

Conference and indeed for being here gracing us with your presence on this occasion. I wish to say to you and your colleagues how grateful we are for your country’s willingness to host the 58th Commonwealth Parliamentary Conference in Colombo.

Isthinti (thank you).

2012 has been quite a year, distinguished perhaps in the minds

of all you, Mr. Speaker for introducing the proceedings, to you Mr. President for declaring formally open our 58th

of many by the Olympic Games and the Paralympic Games. Who could not recall the achievements of Usain

Bolt and the Jamaican trio, Stephen Kiprotich who won astonishingly the marathon, Oscar Pestorias and the news that Sri Lanka got their first Bronze medal in the Paralympic Games. The spell of success was terrific and we hope that it is a legacy for young people throughout the Commonwealth.

Then there is another major event here in Sri Lanka. Before the T20 Cricket World Cup takes place, we have this important gathering. I do not know whether the visitors are confused by the signs advertising both the CPA Conference and the T20 World up, but I suspect it gives a hint of the hearts and minds of your citizens who may be more captured by the Cricket than by the proceedings of our Conference.

I must say that, I am astonished by the amount of coverage we have had in the press. I do not think I have ever had such front page attention in the newspapers, certainly more than I have ever achieved in the 35 years as a Parliamentarian.

Those who are able to see most clearly with the aid of iPads may notice that I am wearing a tie which was given to me at the Scottish Parliament. I wear that today because I welcome Andy Murray winning his first ever Grand-Slam title.

However, what I really hope is that the hearts and minds of the delegates here at this conference will be captured first by the warmth of the greetings we have received by our Sri Lankan host and the challenges facing all of us in democratic politics.

Serendipity is a rather beautiful word. Interestingly, it has a connection with Sri Lanka. Its origin derives from the word ‘Serendip’, the name Arab merchants gave to this splendid Island.

I am sure that you will agree with me that having the 58th CPC here and now in Sri Lanka is indeed serendipitous.

Serendipitous because we have the opportunity to witness the rejuvenation, reinvigoration and rebirth of a country that has risen phoenix-like from the ashes of violence and turmoil. Serendipitous

because we in the CPA must also renew and progress in the first year of our second century. Sri Lanka finds itself in the spotlight in a happier way than for many years. Sri Lanka could be seen as inspirational. It is one of the most literate countries in the emerging world and an economy that has grown at an average of eight percent over the last few years, low unemployment, expanding industries in IT, nanotechnology and banking, tourism is booming and exports are strong.

Sri Lanka has a lot to be proud of, but surely its greatest pride should come from peace. It is peace which has driven this momentum of change and it is peace which must continue not as an unusual novelty but as a way of life. Hopefully, the momentum that is driving Sri Lanka forward under the Government of President Rajapaksa should inspire us because we too in the CPA must move ahead in renewal and reinvigoration.

This week, we as Parliamentarians, Clerks and Observers will come together as equals in various fora such as workshops and regional meetings.

We will talk about issues on topics covering health, education, youth unemployment, foreign policy, gender issues and of particular interest for me is the role of Parliamentarians in Conflict Resolution and Peace Building.

If you are in this magnificent hall today it is because you like me will wish to engage, network, learn and listen to the diversity of experience, knowledge and expertise that is around us. The true purpose of CPA comes out when one see representatives from all over the Commonwealth, stretching over five continents, coming together, respecting each other and learning from one another.

Let us resolve that in this week in the delightful setting that have been given in Sri Lanka, let us give it full meaning here and the years ahead and remember always that what we have in common is what binds us together.

Thank you

The Parliamentarian | 2012: Issue Four | 291

Opening Ceremony.indd 291

17/01/2013 12:15:14

OPENING CEREMONY

Address by H.E. Mahinda Rajapaksa, President of the Democratic Socialist Republic of Sri Lanka

As the current Vice Patron of the Commonwealth Parliamentary Association, I am pleased to welcome all delegates to this 58th Commonwealth Parliamentary Conference in Colombo and honoured to address you on this occasion.

This is an organization with a long and distinguished history in the annals of modern democracy. It begun in 1911, as the Empire Parliamentary Association, when the British Empire was at the height of its strength, when the Sun never set upon it.

Later, as the success of key freedom movements from imperialism and colonialism succeeded, as in India and Sri Lanka – then Ceylon, it was changed to the Commonwealth Parliamentary Association, as we know it today.

Sri Lanka, as one of the earliest members of the CPA, is glad to host this important international parliamentary conference for the third occasion. It is also important to recall

that Sri Lanka is among the members of the CPA, having one of the oldest traditions in parliamentary democracy, being the first country in Asia to have universal franchise, from as far back as 1931.

We have continued this tradition of parliamentary democracy over the past 81 years, protecting it from those who plotted against it, both in uniform and through insurrection.

More recently, we protected our democratic system, and the democratic rights of all our people, against what has been correctly described as the most ruthless terrorist organization in the world. At a time of clashes between democracy and terror, we have shown the world that terrorism can be effectively defeated, and the cherished values of democracy restored to people who were denied it for nearly three decades.

You are meeting here today, just two days after democratic elections were successfully conducted to three

Provincial Councils in the country, and you may be observing how the people have freely expressed their choice. Sri Lanka’s long tradition of parliamentary democracy has seen governments change via the ballot, and constitutions being similarly changed and amended.

It is also noteworthy that among the first things done after the defeat of terrorism, first in the Eastern Province, and later in the entire country, was to quickly hold local government, provincial and national elections to obtain a proper mandate from the people, large sections of whom were deprived of their franchise by the forces of terror.

In fact I myself sought a second term in office, even before the expiry of my first term, to obtain a truly national mandate, because the terrorists whose agents are still active in some parts of the world, denied many people in the North and East the right to vote, the first time I sought the Presidency in November

2005. We will also hold elections to the Northern Provincial Council next year upholding the principles of democracy.

The many successful aspects of post-conflict developments have drawn much attention to Sri Lanka, especially the speed with which nearly 300,000 Internally Displaced Persons were re-settled. Another important aspect has been the efforts at national reconciliation, after a bloody conflict that dragged on for nearly three decades. It took less than two years from the end of the conflict to set up the Lessons Learnt and Reconciliation Commission (LLRC).

It was to learn from the lessons from the conflict, understand how we could avoid such situations again, provide justice to those who had been affected, and, most importantly, seek the path of reconciliation as a nation, through our own experiences.

The recommendations of the LLRC are already being implemented, according to a well worked out Plan of Action that we have presented to the nation and the world.

With our undoubted commitment to parliamentary democracy, we have a keen interest in the work and progress of the Commonwealth Parliamentary Association. Your efforts to promote parliamentary democracy by enhancing knowledge and understanding of democratic governance, and interest in building an informed parliamentary community among the member nations, has our strongest support.

The many educational programmes on parliamentary practice and procedure, the efforts

292 | The Parliamentarian | 2012: Issue Four

Opening Ceremony.indd 292

17/01/2013 12:15:31

OPENING CEREMONY

at studying matters of regional importance in the development of democracy, the study of democratic systems in the world’s smallest nations, the efforts to train knowledgeable and efficient parliamentary staff, are all in keeping with the goal of strengthening democracy in the world.

A matter of special importance is the work of the Commonwealth Women Parliamentarians to increase female representations in Parliament and recognizing the importance of gender considerations in all activities of the CPA. As the country that produced the first elected female Prime Minister of the world, Sri Lanka is particularly interested in the moves to assist in encouraging the professional contribution of women in democratic bodies, from local authorities to Parliaments.

As an organization that seeks to strengthen representative democracy, your efforts to ensure the conduct of free and fair elections are most encouraging. Similarly, your focus on countries with new or revived parliamentary systems is very useful, especially with the high intake of new members to Parliaments after each election.

The vast resources of human experience available to the CPA, which has 175 branches and 17,000 Parliamentarians at the most recent count, places it, in an excellent position to contribute to better understanding of practice and procedure in Parliaments, examine international trading systems, and look at new policies on science in an age of rapidly advancing technology. It will also be extremely useful to explore increasing trade among Commonwealth countries and devise ways to facilitate such trade.

I have no doubt that the CPA has achieved much success in realizing the aims of its Strategic Plan 2008 - 2012, especially in assisting Members and Branches to adopt good practice of democratic governance and strengthen the institution of Parliament. You have no doubt helped the Commonwealth

deepen its democratic commitment, in big and small nations by promoting best principles of representative government that removes barriers to equality in gender, community, faith and other aspects that seek to limit democracy.

This Conference in Colombo will discuss and decide on the CPA’s new Strategic Plan for the next four years. This is a good time to think of strengthening the core values of democracy. Our work should not be confined to theories and concepts but should look at the more practical aspects that affect the people. Our emphasis on the will of the people should lead us to give the most importance to policies that best serve the interests the people. There is the need to give the highest priority to the welfare of the people to economic progress and development that positively impact on the lives of people.

In this context, it will be interesting to look at Sri Lanka’s own record of success through democracy. Our achievements in education and health stand out as examples to other countries and societies. Our 96 per cent literacy is a proud record that has come from the blend of democracy, with a great tradition of education that came down from Buddhism and later advanced through the Christian churches. Similarly, our success in providing free health services to all also comes from a great tradition of healing that was advanced through democracy.

It is also important to note that Sri Lanka achieved 8 per cent GDP growth last year, and the year before, after 6 and 7 per cent growth earlier even during the battle against terrorism because of our commitment to the people and the values of democracy. It is our strong belief that there cannot be peace without development. The reverse is also true; there cannot be development without peace.

These are all subjects of much relevance today. One must look forward to this conference recognizing the proper priorities in furthering the democratic process. You will no doubt take into

consideration the current global realities that often seem to threaten proper and effective democracy, and also seek to challenge the sovereignty of nation states.

Your presence in Sri Lanka gives you a good opportunity to see for yourselves the progress of democracy in our country, after the major threat it faced under terrorism.

This is important in the context of the barrage of lies being spread about Sri Lanka today. As you will see, there is full freedom of travel to any part of the country. You can also speak to anyone, from government or the opposition and different communities.

I urge you to make use of this opportunity to learn of the real Sri Lanka, in its post-conflict era, when the highest priority is given to nation building through reconciliation.

It is unfortunate that today, many impressions of Sri Lanka in foreign countries, are based on un-verified facts, and wrong or deliberately manipulated dis-information, carried out by those who once supported the forces of terror. These same elements continue to sow the seeds of division and separatism through various media, and also influence politicians in their new countries of domicile, to act against Sri Lanka, based on such dis-information.

These are people who claim to speak for Sri Lanka or a section of our people, while slandering the country from their shelters abroad.

They do not bother to contribute to the reconciliation and development taking place here. But worse, they do not even contribute to the progress of the people whose cause they claim to champion, from their activities abroad.

You can now see the truth and return to your countries with a deeper and richer understanding of Sri Lanka.

In seeking to advance democracy in the world, which is the commitment of the CPA, it is also important to appreciate the different cultures and values of each country where democracy has been rooted, or is growing. The Commonwealth is a rich diversity of nations with the common bond of democracy. It is also a rich diversity of cultures, traditions and

values. There are countries where culture and heritage date back to many millennia. There are others with shorter histories and traditions.

Democracy will truly blossom when these differences are best understood and respected in all our dealings with each other.

It is necessary for all of us to be anchored in the true meaning and concept of democracy – which is the will of the people – freely expressed.

Recently, we saw fears of this in the very mother of democracy, in the early stage of the current financial crisis in Europe. There is also an unfortunate trend we see of efforts to impose democracy on people and States.

There are many who seem to think of regime change as the necessary path to democracy, without seeing the consequences of such action that stare at us today. We are also aware of how Human Rights can be made a slogan by the worst violators of such rights, to threaten traditional democracies.

Democracy, or representative democracy, is today competing for headlines with various emerging national or regional springs. There is also the hum of drones that seek to bomb democracy into place with a carpet of destruction. We must be cautious of all these strategies that experience shows have not helped real democracy to take root and thrive. It is necessary to bear in mind that democracy does not foster hatred within societies among communities and among nations and countries. Democracy stands for unity of purpose in a spirit of mutual understanding.

In conclusion, I wish to state that having your conference in a vibrant democracy, where the will of the people has been cherished, and protected for eight decades and more, there is every hope that your deliberations, amidst the well springs of democracy that prevail in our land, will produce the best results for parliamentary democracy in the Commonwealth and the world.

May you be blessed by the Noble Triple Gem! Theruvan Saranai!

The Parliamentarian | 2012: Issue Four | 293

Opening Ceremony.indd 293

17/01/2013 12:15:46

OPENING CEREMONY

Hon. Mninwa Johannes Mahlangu, MP, VicePresident of the Commonwealth Parliamentary Association and Chairperson of the National Council of Provinces, South Africa This page: Hon. Mninwa Johannes Mahlangu, MP; Opposite page: Promoting the 59th CPC Annual Conference which will be taking place in South Africa in 2013.

I welcome the opportunity to address delegates on the occasion of the 58th Commonwealth Parliamentary Conference, here in Colombo, Sri Lanka. I hope that the conference

will give us an opportunity to reflect on issues that impact on global and country matters.

Traditionally, the CPA brings together countries with diverse social,

political, and economic backgrounds which are regarded as equal in status, and co-operate within a framework of common values and goals.

It has long been an Association

of Commonwealth Parliamentarians who, irrespective of gender, race, religion or culture, are united by community of interest, respect for the rule of law and individual rights and freedoms, and by pursuit of the positive ideals of parliamentary democracy.

Its mission is to promote the advancement of parliamentary democracy by enhancing knowledge and understanding of democratic governance. It seeks to build an informed parliamentary community able to deepen the Commonwealth’s democratic commitment and to further co-operation among its Parliaments and Legislatures.

This mission is achieved through a Strategic Plan which ensures CPA activities continue to meet the changing needs of today’s Parliamentarians.

South Africa is honoured at the opportunity to host the 59th CPA conference next year.

The theme of the 58th summit, Ensuring a Relevant Commonwealth for the Future, is in line with attempts at transforming the association so that it remains relevant for our sister countries.

The global community must be committed to achieving the Millennium Development Goals, which are: • a) To eradicate poverty and hunger; • b) To achieve universal primary education;

294 | The Parliamentarian | 2012: Issue Four

Opening Ceremony.indd 294

17/01/2013 12:16:03

OPENING CEREMONY

• c) To promote gender equality and empower women; • d) To reduce child mortality; • e) To improve maternal health; • f) To combat HIV and AIDS, malaria and other diseases; • g) To ensure environmental sustainability, and • h) To develop a global partnership for development.

It is important therefore that as we inaugurate this year’s conference, that we understand the nature of the many challenges that are facing us.

Importantly, we need to know what is being done to address them.

I am saying this because, as public representatives from Parliaments and state Legislatures, we have the responsibility to represent the interests of the people. It is our duty to ascertain that the resources that our nations have, individually and collectively, are being used effectively and efficiently in order to advance development.

As public representatives, we

should not be afraid to be unpopular with members of the executive if they are not acting in the interest of the electorate. It is exactly for these checks and balances that we have the roles of the implementers and those who oversee implementation in a democracy.

Bodies such as the CPA have a significant role to play towards ensuring that we actively promote development informed by the values that we all stand for such as: • a) Pursuing the ideals of democracy; • b) Promoting good governance; and • c) Respecting human rights and freedoms.

Through the CPA we remain committed to keeping these foundational principles alive.

A relevant Commonwealth for the future is one that invests in young people. It is therefore opportune that during this summit we will, among

other things, tackle the challenge of youth unemployment.

The Association is keenly aware of its responsibility to reach out to the people in the process of advancing parliamentary democracy, especially the younger generation and to educate them about the work and values of the Commonwealth and the CPA, particularly in regard to the need to support democracy and the growth and sustenance of democratic institutions.

It is often said that widespread apathy exists among the younger generation towards political participation and parliamentary democracy.

Whether this fear is exaggerated or not, without doubt young people need to understand the principles which underpin democracy and civil society, develop the skills to use that knowledge effectively and be able to participate in the appropriate fora.

Young people today are no longer seen as leaders of tomorrow they are leading today. Through their involvement in business,

development, policy, as well as secular and religious communities, one can see what a diverse and active young Commonwealth community offers the future of the Commonwealth.

It is therefore critical that we use this platform to intervene on behalf of the youth who are outside the margins of economy.

What we do or fail to do today will define their future and that of our democracies. No future will be served by angry youth who feel ostracized and are not able to participate in economic activities.

With these words, I would like to thank you for honouring the 58th Commonwealth Parliamentary Conference with a view to sharing knowledge about matters that impact on our democracies and to strengthen the CPA. I wish you well in the engagements and hope that we will emerge ready to further enrich international politics and the agenda for development.

Thank you

The Parliamentarian | 2012: Issue Four | 295

Opening Ceremony.indd 295

17/01/2013 12:16:20

SMALL BRANCHES CONFERENCE: 1 SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS 32nd SMALL BRANCHES CONFERENCE Colombo, Sri Lanka 1st Session - 9 September 2012

ENSURING ADEQUATE PARLIAMENTARY SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS

Chairperson: Hon. Jacquie Petrusma, MP, Tasmania Discussion Leaders: Sen. the Hon. Prof. Velma Newton, Barbados Hon. David Agius, MP, Malta Sen. Ian Gorst, Chief Minister, Jersey

National policy is influenced by global issues and decisions so Parliament’s role in this area is necessary to ensure openness in the process and to draw clear and concise lines of responsibilities, agreed Members from small Parliaments.

It might be a challenge to establish a majority consensus among parliamentary parties and it could stall policy developments. But it was agreed that legislators must be involved in international agreements when they are being drafted, not just when they are to be ratified.

Members agreed that Parliamentarians are now usually poorly informed about the actions of their governments in foreign affairs, so Parliaments should develop new areas of scrutiny and the existing

scrutiny should be made clearer and more precise.

Parliaments now have limited influence on the executive in this area and on international agencies such as the United Nations (UN) and the Organization for Economic Co-operation and Development (OECD). But small states are expected to sign OECD and UN treaties even though scrutinizing every single international treaty exhausts their resources. The Commonwealth parliamentary Association (CPA) could assist small Parliaments in scrutinizing these agreements by facilitating an exchange of information.

Cross-party committees, with appropriate legal and other expertise and administrative support, could also

focus on foreign and Commonwealth affairs prior to debate by Parliament.

Another suggestion was for jurisdictions to review draft treaties from the perspective of how they will affect the lives of citizens.

Small dependent territories and subnational jurisdictions have difficulty in developing their international identities and their areas of parliamentary scrutiny. However, their involvement in foreign affairs was seen as necessary to develop consistent foreign policies for all parties.

No place provided for Parliament The first discussion leader, Sen. the Hon. Prof. Velma Newton of Barbados, discussed the lack of

296 | The Parliamentarian | 2012: Issue Four

SBC1.indd 296

17/01/2013 14:44:58

SMALL BRANCHES CONFERENCE: 1 SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS The panel in session one, from left to right: Sen. Ian Gorst, Chief Minister, Jersey; Sen. the Hon. Prof. Velma Newton, Barbados; Chairperson Hon. Jacquie Petrusma, MP, Tasmania, and Hon. David Agius, MP, Malta.

involvement of Commonwealth Parliamentarians in decisions taken by their governments with regards to foreign affairs. She made specific reference to the Commonwealth Caribbean which are unlike the larger Commonwealth jurisdictions such as Australia, Canada and the United Kingdom where resources make it viable for effective parliamentary committees on foreign affairs to function. Smaller Caribbean jurisdictions have a tradition in which the executive, as the successor to the prerogative powers of the Crown, conducts foreign affairs, defence and international trade matters and accedes to international treaties on behalf of the state. This is usually

done without the approval, or indeed the knowledge, of Parliaments and without the production of documentary authority or full powers.

She said that during her 12-year tenure as an independent Senator in Barbados there had never been any debate on the country’s foreign policy or international trade objectives.

The Senator pointed out that the current position with regard to treaties, which is the same as for foreign affairs and which was exemplified in the Vienna Convention on the Law of Treaties of 1969, identifies Heads of Government and Ministers of Foreign Affairs as representatives of their respective states for the purpose of performing all acts relating to the

conclusion of treaties. She explained that in many democracies outside the Commonwealth permission to conclude treaties was usually given to the officials, subject to constitutional provisions guaranteeing legislative participation.

She stated that in the constitutions of the 12 independent Commonwealth Caribbean states, the concept of legislative participation is not a permanent feature. She cited several examples from the region and explained that, in general, treaty-making is regulated by the rules of common law and there is no requirement that treaty provisions be subjected to approval of Parliament. Antigua and Barbuda,

however, passed in 1987 a rule for parliamentary approval in treaty control.

The Senator made a number of recommendations for scrutiny of foreign affairs in the Commonwealth Caribbean, including: • The establishment of parliamentary committees to investigate foreign and international affairs, as was done in Barbados in 2002 and then in 2006; • Annual parliamentary debates on foreign and international affairs, and • Legislation to ensure parliamentary involvement in the ratification of international treaties.

She was of the view that the most

The Parliamentarian | 2012: Issue Four | 297

SBC1.indd 297

17/01/2013 14:45:14

SMALL BRANCHES CONFERENCE: 1 SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS

Sen. Gorst opening the debate at the first session.

important thing is for an amendment to Caribbean Commonwealth constitutions to entrench the principle of parliamentary participation in foreign affairs and treaty making.

The effect of globalization Hon. David Agius, MP, of Malta, emphasized the importance of international affairs in any system of governance and stated that decisions taken at international bodies influence the lives of many. He explained how parliamentary scrutiny has become even more important in the present context.

Mr Agius stated that globalization

has increased the role and importance of international politics in that policy-making has shifted from the national to the international level, making parliamentary involvement all the more relevant and necessary.

He emphasized the importance of international organizations such as the Commonwealth and the Commonwealth Parliamentary Association which enable Parliamentarians to exchange ideas and which have the ability to influence national policies.

He made a number of recommendations and these included the following:

• Regular debates on activities of international institutions, particularly those activities directly relevant to national affairs, and reports submitted by the government; • Setting up committees/subcommittees in national Parliaments responsible for the follow-up of the government’s international activities and for making recommendations; • Ensuring that international affairs and activities related thereto are kept high on the national agenda with a view to helping citizens to understand the relevance of such undertakings; • Including Parliamentarians from across the political spectrum in the

House in national delegations participating in meetings of international institutions.

• Reserving seats for Parliamentarians of both ruling and opposition parties in Commonwealth assemblies as well as conferences and meetings organized in its framework.

• A greater involvement of the Commonwealth Parliamentary Association in the activities of the Commonwealth, particularly where input is required for the organization of agendas and the formulation of conclusions at important meetings such as the Commonwealth Heads of government Meeting;

298 | The Parliamentarian | 2012: Issue Four

SBC1.indd 298

17/01/2013 14:45:40

SMALL BRANCHES CONFERENCE: 1 SCRUTINY OF FOREIGN AND COMMONWEALTH AFFAIRS could be construed as a failure by Parliament to fulfil one of its vital roles – to scrutinize the actions of Ministers and hold government to account.

He addressed the issue of involving international organizations in the scrutiny of foreign policy and stated that this raised a number of challenges. However, he suggested that these challenges could be avoided if they develop an inter-parliamentary scrutiny policy, drawing in Members from different Parliaments.

factors so Parliament must oversee government actions in this area.

Parliamentarians are usually poorly informed about the actions of their governments in foreign affairs, and it is necessary for Parliaments to develop new areas of scrutiny and the existing scrutiny should be made clearer and more precise.

It was stated that small dependent territories and subnational jurisdictions have difficulty in developing their international identities and their areas of parliamentary scrutiny. However,

“Parliamentarians are usually poorly informed about the actions of their governments in foreign affairs, and it is necessary for Parliaments to develop new areas of scrutiny and the existing scrutiny should be made clearer and more precise.”

• Reinforced scrutiny procedures, whilst simultaneously organizing seminars to discuss the use of comparative methods for exchange of ideas and best practices; • A broader dissemination of documentation relevant to international events in the world of foreign affairs, in advance of, as opposed to following, an international meeting.

One such example would be the Climate Change Summit which is particularly relevant to small countries most notably to islands states; and • Greater openness to include the involvement of civil society through non-governmental organizations, the

media and the general public, particularly through the use of the internet.

In Jersey, just as elsewhere in the Commonwealth, the main forms of parliamentary scrutiny are direct oversight from Parliament itself.

This, he stated, takes the form of questions from elected representatives, ratification of international agreements and the more structured scrutiny process conducted by panels and committees such as the United Kingdom House of Commons Foreign Affairs Select Committee or, in Jersey’s case, the Corporate Services Scrutiny Panel. He was of the view that working in partnerships is one way to ensure that adequate scrutiny takes place.

Committee oversight Sen. Ian Gorst, Jersey’s Chief Minister, began his presentation by stating that it is not until the adoption of the States of Jersey Law in 2005 that Jersey was able to have a certain level of control over its foreign affairs. This area is therefore a new one for the jurisdiction.

The Senator stated that foreign affairs have often been considered a matter to be dealt with by Ministers without the involvement of Parliament and that this lack of involvement

The rightful role of Parliament The discussion leaders’ presentations generated a lot of discussion with primary focus being on the difficulties faced by Parliamentarians with regards to scrutiny of foreign and international affairs.

A number of Members gave examples from the experience of their jurisdictions.

In general, the session emphasized that national policy is affected by international and especially intergovernmental

their involvement in foreign affairs was seen as necessary to develop consistent foreign policies for all parties.

A number of suggestions were put forwarded to address the issue of ensuring adequate parliamentary scrutiny of foreign and commonwealth affairs, and these included the following: • The Commonwealth Parliamentary Association (CPA) should assist small Parliaments in scrutinizing international agreements by facilitating an exchange of information; • Cross-party committees, with appropriate legal and other expertise and administrative support, should also focus on foreign and Commonwealth affairs prior to debate by Parliament; • Jurisdictions should review draft treaties from the perspective of how they will affect the lives of citizens; and • Though it may be a challenge to establish a majority consensus among parliamentary parties, it is important for legislators to be involved in international agreements when they are being drafted, not just when they are to be ratified.

The Parliamentarian | 2012: Issue Four | 299

SBC1.indd 299

17/01/2013 14:45:54

SMALL BRANCHES CONFERENCE: 2 INFORMAL ECONOMY IN SMALL STATES 32nd SMALL BRANCHES CONFERENCE Colombo, Sri Lanka 2nd Session - 9 September 2012

THE IMPACT OF THE INFORMAL ECONOMY ON ECONOMIC DIVERSIFICATION IN SMALL STATES

Chairperson: Hon. Sharon Halford, MLA, Falkland Islands Discussion Leaders: Hon. Marlon Penn, MHA, British Virgin islands Deputy Allister Langlois, Minister of Social Security, Guernsey

The meeting heard that the Informal Economy (IE) is not governed by rules and affects both underdeveloped and developed countries. It was noted that countries with a high unemployment rate are more likely to have a larger informal economy. The IE encompasses gambling, prostitution, illicit drugs and unregulated trading.

Members agreed that there is no single solution to the problem, if it is indeed a problem.

From an individual’s perspective, where there is no work but a pressing need to provide, depriving individuals of the opportunity to make a living the best way they can could lead to even greater burdens on government if they turn to crime.

The session recognized the

need for human compassion and an understanding of the underlying causes of the IE. Governments must decide whether this is actually a problem. If it is, they should try to integrate the IE into the formal sector through education and training, appropriate taxation regimes and availability of credit to small businesses. However, the context is important and “one size does not fit all”.

Legal and illegal Hon. Marlon Penn, MHA, of the British Virgin Islands (B.V.I.) introduced the challenging topic of the informal economy and its impact on economic diversity in small States upon which there is little information or statistics.

Discussion on the informal economy therefore stems from local knowledge and anecdotal evidence.

According to Kristina Flodman Becker in her fact-finding study, the term “informal economy” refers to “all economic activities by workers and economic units that are – in law or in practice – not covered or insufficiently covered by formal arrangements”.

To assess the impact of the informal economy on diversification, one must compare it with legal activities.

In B.V.I., Mr Penn reported that the main legal economic activity surrounded the financial services, tourism and construction industries.

Informal economic activity was known to exist around the tourism and construction industries, where staff

300 | The Parliamentarian | 2012: Issue Four

SBC2.indd 300

17/01/2013 14:46:37

SMALL BRANCHES CONFERENCE: 2 INFORMAL ECONOMY IN SMALL STATES

The panel during the second session of the Small Branches Conference from left to right: Discussion leader Hon. Marlon Penn, MHA, British Virgin Islands; Chairperson Hon. Sharon Halford, MLA, Falkland Islands; Deputy Allistair Langlois, Guernsey; and rapporteur Ms Anne Harris, Jersey.

worked on a part time, but undeclared basis. This might involve waitresses, cooks, or builders.

Undocumented illegal activity might include gambling, for example the unlawful sale of lottery tickets from neighbouring countries. There was also known to be prostitution, and the sale and use of illicit drugs. While there is no empirical data on these areas, local intelligence suggests that their impact on the economy is minimal. B.V.I. arrived at this conclusion because those involved tended to be at the lower end of the economic ladder, with low wages, who would ordinarily not be liable to taxation anyway as they fall below the taxation threshold. In terms of gambling and in

particular the sale of lottery tickets, the group of people who stand to benefit is very small in size.

Looking ahead, Mr Penn felt that future policy making had to take into account the impact of the informal economy given that the above fact finding study makes it clear that the informal economy is unlikely to disappear even as a country develops.

An unknown quantity Deputy Allister Langlois, Guernsey’s Minister of Social Security, gave the view that the informal economy is as relevant to developed countries with full employment as it is to under developed economies, but the challenges are different. While

Guernsey has a successful economy and full employment, there are nevertheless activities which fall within the International Labour Organization (ILO) definition of a system of trade or economic exchange outside of the regulated economy. This would include the system of barter, or street trading for example. Such activity would not be recorded for tax purposes or within the data which informs the level of gross domestic product (GDP).

The informal economy makes up 50 per cent or more of GDP in developing countries, but even in England or France it is thought to make up 15 to 20 per cent of GDP – it is simply not known for sure. It is

understood to make up the gap in incomes.

The ILO and Organization for Economic Co-operation and Development (OECD) agree on the negatives which arise from the informal economy – absence of social protection, absence of tax contribution, errors in economic measurement, to name a few. There is also a negative impact on the development of policy owing to poor information.

The informal economy emphasises the social divide – it tends to affect the poor, the unskilled, women and children. Bureaucratic regulation hinders the development of companies, and can prevent informal

The Parliamentarian | 2012: Issue Four | 301

SBC2.indd 301

17/01/2013 14:46:52

SMALL BRANCHES CONFERENCE: 2 INFORMAL ECONOMY IN SMALL STATES economic activity being included within the mainstream.

Policy should encourage the integration of the formal economy into the formal sector, but this is not so easy in small States. The informal economy harnesses entrepreneurial activity and keeps people in work, and to enable integration we should encourage education, reduce business costs, enable credit facilities and so help the informal economy to make a real contribution to the mainstream economy.

Deputy Langlois asked why the informal economy was a concern.

Guernsey, for example, has no unemployment, and no absolute poverty although there is relative poverty in some instances.

People seek to better themselves through hard work and enterprise.

The primary activity in Guernsey is financial services, a high-skill area to which not everyone can aspire.

If people work harder, they will pay more tax and higher social security contributions as a result. So instead, they do odd jobs and cash-in-hand work. The ‘black market’ of services is hard to monitor. Informal trading falls in this category and includes fishing, car boot sales and work for cash.

In many ways this informal trading is not a problem, except that Guernsey is geographically close to countries where there is high unemployment, and transient workers in the informal economy can undermine local employment markets.

A thriving informal economy can thereby threaten the ability to provide equality for the local work force. It is therefore necessary to keep the informal economy in perspective, in proportion and under control.

The tax effect Hon. Philip Braidwood, MLC, of the Isle of Man highlighted the problem of those who buy items at car boot sales, then sell them on eBay. This represented losses in sales tax in Jersey, Guernsey and the Isle of Man. The Isle of Man reduced the sales tax payable on construction work and this has meant that local residents

Deputy Allistair Langlois (second right) delivering his presentation at the second session.

are more likely to use reputable companies.

Hon. Stephen Rodan, SHK, of the Isle of Man pointed out OECD figures which suggest that the higher the tax and social security burden, the greater the incidence of informal economic activity. In the U.S.A., however, where the tax rate is just 30 per cent, the informal economy was assessed as being 10 to 12 per cent only. He asked whether the informal economy is good or bad? This depends on the point of view. Individuals will try to sidestep paperwork and tax/ social security contributions while governments will lose out on payment into benefits systems, health and safety rules will be ignored, there will be an inequality of competition.

Individuals will be receiving benefits without having paid towards them.

In developing countries the informal economy can represent as much as 80 per cent of income.

Governments in such places will need to review their own structures to see if improvements can be

made to improve transparency. If there is corruption, with handouts to bureaucrats or kickbacks to politicians, then there is little incentive to improve.

Deputy Langlois responded that he held a healthy skepticism towards statistics produced about an unregulated activity, but governments should ask themselves whether matters were improving.

Hon. Stanley Lowe, MP, of Bermuda advised that in Bermuda, tourism is no longer the mainstay industry. Financial services have overtaken tourism, although somewhat hamstrung by perpetual requests by the OECD for more and more regulation. Bermuda naturally complies, so as to stay off the black list, and TIEAs (Tax Information Exchange Agreements) have been entered into with many countries. The country is looking seriously at Islamic financing to offer another strand.

He stated that Bermuda is not a tax haven, it is a low tax jurisdiction.

As regards the informal economy,

prostitution can be discounted as it has always been illegal. Gaming offshore is a difficulty, and it was proposed that Bermuda legalise gaming on ships anchored in Bermuda waters so as to benefit from the tax return, but the draft legislation failed. This year, the government passed an Act for a referendum on gaming. The people are being asked to decide whether gaming should be legalised on cruise ships which it is hoped will lead to additional financial resources.

Mr Penn responded that B.V.I. was also looking at allowing gambling on cruise ships in port, so that the passengers could then come ashore to spend money in B.V.I. The economic contributions of all Hon. Abdulla Shahid, MP, of Maldives asked how governments can incorporate currently illegal activity into the mainstream economy. He suggested one answer would be to legalize the activities. The economy

302 | The Parliamentarian | 2012: Issue Four

SBC2.indd 302

17/01/2013 14:47:10

SMALL BRANCHES CONFERENCE: 2 INFORMAL ECONOMY IN SMALL STATES had started to shrink in 2007-8 so the Maldives changed to a combination of direct taxation and sales tax in 2009-10. Tourism and fisheries are the main source of income but there is still a gap. The main policy is to develop a healthy person so that they can contribute to the economy.

Hon. Wilkie Rasmussen, MP, of the Cook Islands focused on remote communities where there is no form of employment and whose income arises from the production of arts and crafts. These they sell informally to dealers and at this point the goods are transferred into the formal economy.

If aid was offered to the communities who produce goods in this way, then the trade could be made taxable. But this is the only way for them to derive income so it is encouraged by government – in some situations it is better to “turn a blind eye”.

Mr Rasmussen also added that the European Union can lift import levies on imports from small countries and this helps small countries to compete.

Deputy David de Lisle of Guernsey asked the panel where it stood on competition from inferior imports which supplant goods produced locally because they are cheaper. He also asked, if it is proposed to encourage the informal economy to become part of the mainstream, how credit and investment can be generated?

Deputy Langlois responded that in this age of globalization, care should be taken over any form of protectionism. Governments must not confuse promoting diversification with resistance to change. Nevertheless, it is necessary to find ways to tax internet sales.

As regards aid to entrepreneurs, the most important guidelines are to provide training and education, cut down regulation and establish credit unions and mutual help groups.

Mr Penn suggested that a bureau linked to a bank be established to develop strategies and then seek finance for local entrepreneurs.

Growing industries Hon Phillip Short, MLA, of the Falkland Islands made it clear that, where the solution to the informal economy is concerned, there is no “one size fits all” answer. What concerns one country does not concern another.

Hon. Ellio Solomon, MLA, of the Cayman Islands suggested that governments should understand where the informal economy can contribute to the economy and encourage that activity. They should encourage people to develop new services and take advantage of new technologies and make sure the activity comes to their own country.

After all, the Microsoft empire had started out as a business run on an informal scale. Just because one can’t tax or measure an activity, does not automatically make it bad.

Deputy James Reed of Jersey agreed that there are positive aspects to the informal economy, for example, it can support and raise the income of individuals. It is necessary to look beneath and ask what makes those individuals seek out such work.

Governments encourage their people to look after themselves and benefit themselves.

The question is how to transfer this activity to the mainstream. We have to ensure that those in the informal economy are provided for.

Another consideration is ethics: Do the raw materials for an activity come from a country where there is child labour, for example?

Deputy de Lisle added that there has been radical restructuring of production in many key industries through globalization. Outsourcing by developed countries and subcontracting has allowed services to be provided by those in receipt

of lower wages – the developed countries have gained while the developing countries have the burden of supporting the workers in the countries providing the outsourced services. In developed countries the resulting job losses have occurred among the unskilled who now seek to sustain their income in other ways.

The developed countries are talking of regulating the informal economy, but they themselves are ceding work to countries overseas and adding to the informal economy elsewhere, benefitting women in particular.

Deputy Langlois said he did not feel it was possible to turn the clock back, as a small country Guernsey would be unable to change this trend.

Encouraging enterprise Sen. Ian Gorst of Jersey cautioned against confusing two separate issues. The encouragement of technology and innovation is very different from the informal economy.

If Members are saying that the informal economy is a good thing, then governments should look again at the thresholds for social security contributions et cetera, more easily to enable the integration of the informal economy into the mainstream economy. This point was endorsed byMr Penn.

Hon. Dennis Lister, MP, of Bermuda considered that it is important to assess the situation both from the government perspective and from the individual’s perspective. If, for example, the practice of washing cars is formalized into the mainstream economy, the result would be a new service provided by car parks. The activity had previously benefitted a different group of people, but they would become unemployed.

Mr Penn advised that the answer is to provide a location for informal businesses to conduct their business, so that the same people are encouraged to continue.

Mr John Hargreaves, MLA, of the Australian Capital Territory agreed that the human factor is very important, and governments should take proportionality into account.

Hon. Donte Hunt, MP, of Bermuda

advised that context is the primary issue. In a strong economy with full employment there is not really an issue. In a high unemployment area one must consider what else those involved in the informal economy could do to support themselves. One must consider what they would turn to and what that would cost.

Of course, greed could also be responsible for a proportion of the informal economy, but the greatest cause is necessity. People are hurting, and if they are hurt financially they will do anything to feed their children, even if what they do is considered to be bad.

A human approach Deputy Langlois concluded that the last few contributions were very relevant and that there is a need for compassion. If government is healthy, then the informal economy can lead on to entrepreneurship. Just because a country is wealthy does not mean that the informal economy disappears, as there is the question of relative poverty. Governments should monitor the situation and take tax policing action if the economy suffers damage as a result of the informal economy.

Mr Penn reminded the plenary that “necessity is the mother of invention”. When people are concerned how they are going to pay the rent then they will do what is necessary. People will find a way to earn a living. There is no ‘one size fits all’ solution. Governments need to know the facts. Could there be an even worse social issue if the informal economy is suppressed? There is a need to capture information to inform policy.

Hon. Sharon Halford, MLA, of the Falkland Islands, from the Chair, agreed that there had been a very informative and interesting debate.

While most involved in the informal economy did so out of sheer need, others participated out of greed. She posed a final question as to whether the raising of the retirement age in many countries might force more people into the informal economy who, because of their age, could not find paid employment?

The Parliamentarian | 2012: Issue Four | 303

SBC2.indd 303

17/01/2013 14:47:25

SMALL BRANCHES CONFERENCE: 3 - WOMEN’S REPRESENTATION IN SMALL STATES 32nd SMALL BRANCHES CONFERENCE Colombo, Sri Lanka 3rd Session - 10 September 2012

STRATEGIES TO INCREASE WOMEN’S REPRESENTATION IN PARLIAMENTS IN SMALL STATES

Chairperson: Ms Paula Biggar, MLA, Deputy Speaker of the Prince Edward Island Legislative Assembly Discussion Leaders: Hon. Maria Payet-Marie, MP, Seychelles Hon. Anthony Green, MLC, St Helena Hon. Lovitta Foggo, MP, Chief Government Whip, Bermuda Ms. Kemi Ogunsanya, Gender and Political Development Adviser, Commonwealth Secretariat

Changes to the way Parliaments and political parties operate and to the way serving women Parliamentarians work are necessary to increase the numbers of women in small Parliaments, said participants in this discussion.

It was argued that gender mainstreaming is critical for sustainable development, good governance, transparency and accountability, and that women as agents for change can transform societies. Parliaments must therefore implement changes to promote language that is genderneutral and behaviour that is non-confrontational. Establishing women’s parliamentary caucuses or parliamentary committees on gender were suggested, as was alternating key House posts between the genders. Family-friendly sitting hours, childcare facilities and parental leave for Parliamentarians were also advocated, as was providing gendersensitivity training programmes.

Political party structures need to change to bring about equitable representation of women, such as having quotas for women in candidates lists at elections.

Legislated quotas for women’s representation could be used.

Political party support for gender mainstreaming was seen as critical not simply to get more women elected but also to gather support for any necessary parliamentary and constitutional reforms to transform the institution of Parliament into a gender-neutral institution.

Women already in office were urged to diversify their policy priorities to include economics, finance, employment, agriculture, foreign affairs and other issues so they go beyond the gender agenda. Women MPs must lead to inspire people and change perceptions, as well as to educate people about politics and the need for more women in elected seats. Capacity-building workshops for women were suggested, as was

using present and past politicians to remove some of the reluctance to being a politician and to mentor newcomers.

Agents of change In various societies, for example in war-torn and impoverished countries, females are responsible for the family.

Many such societies, through the informal economy, have witnessed the rise in women and they have subsequently had a stronger voice and a more influential say. When such societies and they themselves realize their power, women can then use it as a tool to sway the political installation of greater female representation within political arenas.

Studies have shown that the under-representation of women is mostly symptomatic of: persistent gender stereotypes, conflict between family and work demands, patriarchy and the lack of an enabling political environment, inadequate funding to support female candidates, the

304 | The Parliamentarian | 2012: Issue Four

SBC3.indd 304

17/01/2013 14:48:23

SMALL BRANCHES CONFERENCE: 3 - WOMEN’S REPRESENTATION IN SMALL STATES Discussion leader Hon. Lovita Foggo, MP, Bermuda (left) with Ms Myrna Driedger, MLA, Manitoba., during the Commonwealth Women Parliamentarians Steering Committee meeting.

absence of special measures such as quotas, low literacy levels, the lack of job security in politics, the absence of female role models and a lack of training for political participation.

Gender mainstreaming is critical for sustainable development, and to achieve sustainable development, the participation of women is indispensable because of their social, economic and political roles.

It is necessary to recognize the contribution and role of women as agents for change in transforming societies for future generations.

Gender equity is crucial to encourage good governance, transparency and accountability. Women form the highest number of voters in any election, yet they are the least represented in governance and at all levels of decision-making processes across all sectors. Women ought to have equitable opportunities to hold leadership positions at all levels of decision-making.

In particular circumstances, the conference noted women activists face torture, political detention and

unlawful imprisonment, and women attempting to enter politics face much resistance from their husbands, families and society at large. To overcome the dilemma of too few women in governance, therefore, greater access to information is required. Research has shown that where sufficient numbers of women have joined in leadership positions and decision-making bodies, they have created a more collaborative atmosphere, characterized by mutual respect, less corruption, integrity and priority-focusing. They have sought consensus, rather than a winnertake-all solution. Women bring a new dimension to the accepted norms and positively influence all stakeholders with alternative perspectives to foster growth, build partnerships, serve as role-models and reconcile divergent interests or groups.

Women’s political participation has resulted in substantial gains for democracy, and enormous advantages in responding to citizens’ demands, as well as improved co-operation between political parties

and ethnic groups, thus leading to stability and sustainable peace.

Constitutional breakthroughs Even though the Commonwealth has made giant strides towards mainstreaming gender and empowering women’s effective participation in Parliaments, a sustained effort is critical to break through barriers to promote gender equality in all spheres and across all sectors.

Commitment to constitutional democracy is a prerequisite for credible elections, equitable participation of women, a level playing field for all political actions, with an effective electoral system that guarantees the participation of all peoples in the electoral process.

An electoral legal framework must be clear, unambiguous and enshrined in the constitution of the country, which is acceptable to electoral stakeholders. The absence of constitutional democracy leads to poor governance, and is a main cause of protracted conflicts.

Constitutional reform is essential to amend, abrogate or replace old laws and establish the rule of law, protect human rights and foster democracy.

Constitutional reform should not serve as an exercise to limit the powers of the opposition, remove checks and balances on government power or consolidate the power of the leadership and limit the power of the populace.

The growing recognition of women’s political participation in leadership across the Commonwealth has been widely acknowledged. Many countries have continued to strengthen systems of government, introduced accountability measures and increased women’s representation through the adoption and implementation of quotas and other affirmative action policies.

Moreover, political party structures need to change to accommodate equitable representation of women, such as ensuring quota representation of women in candidates’ list prior to an election.

Political parties have the mandate and organizational tentacles to reach extensively across any country.

Women’s groups need to tap into the immense potential of political parties as social mobilizers to attain gender equality in all party structures and at all levels. This can be achieved through intense lobbying through individual and collective commitments in the election manifestoes of political parties, to drive the clarion call for women’s empowerment as a central part of their electoral campaigns. In some Latin American countries, the conference was told that women have secured gender equality policies in the manifestoes of political parties in exchange for their votes. This has proved successful as a positive influence and a form of soft power attributed to women. Further, through effective monitoring and evaluation, they can hold government and political party structures accountable for non-implementation through the parliamentary oversight of the executive and opposition parties, to ensure gender mainstreaming is attained.

The Parliamentarian | 2012: Issue Four | 305

SBC3.indd 305

17/01/2013 14:48:38

SMALL BRANCHES CONFERENCE: 3 - WOMEN‘S REPRESENTATION IN SMALL STATES Further, through political parties, women’s groups can influence youth leaders and aspiring politicians to harness the energies of youth leaders to advocate for gender equality and other forms of direct action to encourage the participation of young women to prepare for future national leadership roles.

Women’s organizations need to prioritize key needs for the inclusion of women in political processes and recommend region-wide policies.

They can also press to increase their access to resources – financial and technical – by creating a database of specific challenges facing women and document strategies and programmes developed by and for women to meet these challenges.

These key issues and strategies can be shared with political parties in an effort to sensitize and influence their constituencies and key stakeholders on the importance of sharing the political space with women.

Moving successful women into politics Women over 40 to 45 years of age are considered ideal candidates because most of them already have established careers and reduced family responsibilities. Their talents and experiences in professional fields in government, corporate/private sector and civil society can be tapped into to help them run for political office. Moreover, they tend to be more financially stable and have greater roots in their communities. These women are leaders by their own right and have a loyal constituency which can leverage their political candidacy.

The conference noted that the challenge is that most of these women have limited experience in politics and public service; hence capacity-building is critical to build confidence and expertise in this work area. Women can be referred to existing training programmes, leadership institutes and fund-raising schools nationally or internationally.

Some countries have provided leadership and management training for women to build the capacity of female political aspirants, equipping

Women in their 40s are considered ideal candidates for entering politics, having already established a career as well as having strengthened their roots in their communities.

them with qualities such as selfconfidence and assertiveness.

A pool of eminent women leaders across Commonwealth regions can serve as experts by providing regional perspectives and to impart the skills essential for political development, electoral campaigns, voice projection and diversification of abilities. Aspiring women can have opportunities for leadership and share success stories on the benefits of public service.

Women leaders should be sensitized to support women aspirants in their political journey. Further, by encouraging women to take up political office at all levels, it gives them the mandate as elected officials to change and amend repugnant laws to the advancement of all women. Moreover, financial support is pertinent for women’s political and electoral campaigns. Women entrepreneurs could serve as donors by establishing specific funds or fundraising campaigns to support female political aspirants.

Civil society can play a crucial role in highlighting gender disparities.

Women’s groups need to increase pressure through networking and advocacy on gender mainstreaming, protection of women’s rights and prioritizing media mobilization on women’s roles in political processes.

The media need to improve the

status of women by advocating that women’s issues involve both men and women to hasten change in customs, beliefs and values. The media should be encouraged to project women in a positive way, support their election campaign(s), and act as an agent for change on gender equity through portraying women in their multiple roles and highlighting positive achievements.

Lobby groups should advocate a fifty-fifty campaign in favour of “one man and one woman”, regardless of the electoral system adopted. Furthermore, civil society organizations should provide training in political and electoral processes, public speaking, media skills, civil rights and conflict resolution. Civil society needs to strengthen its partnership with governments, Parliamentarians and political parties for effective action and influence on gender equality.

Institutional approaches The conference noted that many women in dominant patriarchal societies still face many challenges ranging from oppressive cultural traditions to illiteracy, domestic violence ans religious structures.

Women’s organizations need to involve influential men as champions to act as agents for change by

increasing the capacity of men to understand the challenges facing women, and involving them in signing international protocols. In this way, they would be able to understand the socio–cultural divide and be encouraged to embrace conventions and statutes that protect women such as the Convention on the Elimination of Discrimination Against Women (CEDAW).

Women’s groups should also mobilize personal and community networks to ensure the broad participation of women in political processes and promote awareness of electoral rules and regulations.

These challenges and strategies can be leveraged by all party leaders to educate the electorate on the importance of including women as part of its national development priorities and define specific contributory roles to accelerate progress towards achieving gender equality at all levels of decision.

Parliaments are well placed to provide a strong role model for government agencies and other organizations in mainstreaming gender through their own institutional processes and practices. Gender mainstreaming interrogates the gender-neutrality of institutions, particularly through their internal structures, working arrangements,

306 | The Parliamentarian | 2012: Issue Four

SBC3.indd 306

17/01/2013 14:48:52

SMALL BRANCHES CONFERENCE: 3 - WOMEN’S REPRESENTATION IN SMALL STATES procedures and processes. But, the reality is that most Parliaments are not structured to be gender-sensitive, it was said.

The Inter-Parliamentary Union (IPU) defines a gender-sensitive Parliament as one which responds to the needs and interests of both men and women in its structures, operations, methods and work as a nation’s supreme legislative institution (IPU, 2008:61). To achieving gender parity, the institution has to implement changes to promote gender-neutral language and behaviour that is non-confrontational, introduce more family-friendly sitting hours and facilities such as childcare and parental leave for Parliamentarians and provide gender-sensitive training programmes.

The rules of Parliament also need to change to accommodate male and female MPs, and avoid restriction or discrimination against women. A more radical step may lead to changes in the structures of Parliaments by including a dedicated committee on gender equality such as a women’s caucus, or a specialized committee on gender equality, or by rotating positions between male and female MPs for the Chief Whip or committee Chair, and ensuring equal representation in technical committees normally reserved for male MPs. A number of Commonwealth countries have institutionalized women parliamentary caucuses to advance the women’s agenda, advocate policy reforms and sensitize on gender mainstreaming.

It is believed that increasing numbers of women may be viewed as a threat to men’s traditional political power. Sensitization on gender equality and gender mainstreaming through an effective communication strategy is critical.

Women leaders need to be proactive to defend their interests by creating awareness on gender equity and parity through media programmes, outreach, campaigns and educational programmes.

Moreover, women leaders need to maintain communication with their

constituencies through various advocacy tools and social networks such as Twitter, Facebook. It becomes pertinent to work in collaboration with civil society, private/corporate sectors, UN agencies and male champions to effect change and support the efforts of women.

Yet, quantitative representation of women goes beyond numbers to include factors of qualitative leadership and effective participation of women at all levels of decisionmaking. Capacity-building for women in leadership positions and women aspiring to politics is crucial, by providing training and educational programmes for women considering running for political office.

Mentorship, shadowing, networking and exchanging experiences at the regional and international levels are critical for women’s empowerment. Good communication skills, media/public speaking and image messaging for women leaders are important to profile their capability to lead in decision-making. Apart from gaining insight and good understanding of parliamentary and legislative rules and procedures, women MPs should extend their training in governance issues to encompass specialized skills that will enable them to succeed in political office.

MPs have encountered many obstacles and challenges in voicing women’s issues in the legislation, budgeting, staff management, and oversight processes. Women Parliamentarians should participate in government policy formulation and implementation, hold government office and execute government functions at all levels. They must liaise with donor organizations and non-government groups related to community life and state politics.

Moreover, women MPs should remain united and should network with political parties’ women’s wings and other female MPs across party lines to resolve conflicts, build coalitions and reach consensus on similar issues that concern women’s political leadership and participation.

To understand the obstacles and challenges faced in introducing gender issues in the legislative, budgeting and monitoring processes, a series of focus group discussions involving MPs, expert staff of commissions, factions, experts and activist groups could be held regularly to obtain a portrait of challenges and obstacles faced and future recommendations to include gender issues in Parliament. Further, the formulation of laws and genderresponsive budgets can be discussed and articulated in such forums.

Diversify beyond gender-related issues Understanding of gender issues by Parliamentarians and staff is required to address issues during the lawmaking process. It was said a critical mass of women in decision-making will favourably move the agenda of women’s concerns forward. However, women in office need to diversify their priorities to include technical matters such as economics, finance, employment, agriculture and foreign affairs and should not be seen to be representing only women’s issues or a women’s agenda. Women MPs need to represent non-gender concerns and gain access to traditionally maledominated political arenas.

With the limited number of women Parliamentarians, women

Action planning Other mechanisms/approaches to strengthen women’s participation in Parliaments which were suggested include: • Creating a network of gender focal points across other committees; • Working in partnership with national women’s machinery, civil society, NGOs, the private sector and the media to ensure follow-up parliamentary action, review and oversight; • Monitoring the progress of gender mainstreaming across Parliament; • Scrutinizing gender-related aspects of all government reporting, as well as the effectiveness of performance indicators used to monitor progress;

• Debating the content of Bills and ensuring gender considerations are taken into account; • Holding public hearings and consulting with policy communities to determine the effects of policies, programmes and legislation on women and men, girls and boys; • Implementing measures aimed at ensuring gender equality in representation; • Establishing parliamentary committees on gender equality, composed of both men and women; • Making use of the tools of gender-budgeting analysis; • Ensuring gender is mainstreamed in all decisions and legislation; • Allocating sufficient resources for gender-related activities; • Institutionalizing gender-sensitive budgeting by raising gender issues during budget debates and developing partnerships with the budget or public accounts committees; • Ensuring the implementation of CEDAW obligations and similar international conventions/resolutions; • Adopting a programme of equality or theme for every parliamentary term; • Creating gender focal points and gender as a cross-cutting issue addressed in all committees; • Increasing visibility and knowledge of gender equality, and • Enhancing mentoring and support for new Members.

Given Parliament’s pre-eminent role is not only in legislating but also in legislative oversight, there is also a need to implement gender mainstreaming practices at the parliamentary level. Systematic efforts to reform institutional structures and practices should be sustained to ensure gender is mainstreamed across all areas of Parliament.

Without the agreement of political parties, reform of Parliament is impossible. The reality is that policies on gender-mainstreaming are being implemented without the necessary changes to the parliamentary structures, hence the consensus and support of political parties is critical for effective change.

The Parliamentarian | 2012: Issue Four | 307

SBC3.indd 307

17/01/2013 14:49:03

SMALL BRANCHES CONFERENCE: 4 PROGRESS AND WELL-BEING 32nd SMALL BRANCHES CONFERENCE Colombo, Sri Lanka 4th Session - 10 September 2012

MEASURING PROGRESS AND WELL-BEING BEYOND GDP IN SMALL STATES

Chairperson: Deputy Dr David De Lisle, Guernsey Discussion Leaders: Sen. the Hon. Claudius James Francis, President of the Senate, Saint Lucia Hon. Barbara WebsterBourne, MHA, Speaker of the House of Assembly, Anguilla

Although progress and well-being were identified as subjective terms holding different meanings to different people, they were generally recognized as describing the quality of life available to people. The meeting saw the Organization for Economic Co-operation and Development’s “Better Life Index” as a true measure of a country’s development.

Gross domestic product (GDP) is not sufficient on its own to be an indicator of social progress as it measures the progress of the economy but not the society.

Members agreed it is necessary to go beyond this economic indicator, adopted as an index in the 1930s to measure a country’s economic development, so the progress of a people in all spheres is considered.

The global trend to measure performance of nations by more than just economic growth takes into account poverty rates, unemployment rates, disposable income, education levels, natural resources, environmental pollution, waste disposal and leisure.

GDP is an important indicator not to be ignored. But it should be

considered alongside other indicators such as the “Human Development Index”, which refers to such areas as literacy, health, life expectancy and standard of living to get a true reflection of a country’s progress.

Not just money In her presentation, Hon. Barbara Webster-Bourne, MHA, Speaker of Anguilla’s House of Assembly, stated that GDP only measures the economic value of what is produced but does not take into account the environmental and social cost, how wealth is distributed, who spends it or how it is spent. She made reference to a number of other measures which can be used in addition to GDP to determine progress and well-being, namely: the Human Development Index (HDI), the Ecological Footprint and the Physical Quality of Life Index.

She stated that it is necessary to take into consideration factors such as literacy and life-expectancy to get a more complete picture.

Sen. the Hon. Claudius James Francis, President of the Senate of Saint Lucia, took a slightly different approach to the topic.

His presentation held the general consensus that GDP, although a good measurement for economics, is not adequate to reflect overall progress or well-being. As an example to support this argument he stated that in the United States of America, a country with a high GDP, two per cent of the population controls 98 per cent of the wealth. He went further to state that, in his opinion, the progress of the electoral processes in the Caribbean region far exceeds that of the U.S.A. as leaders in the latter were to some extent those who were better financed. He compared this with the Small Branches and stated that although they were mostly young democracies their leaders were in general fairly elected.

He considered the overall progress made by countries in the Caribbean region despite having small GDPs. He made reference to the fact that these small economies have been able to produce world class citizens in almost every field and spoke with great pride of the recent success for the region at the London Olympic Games as well as the success of the West Indies

308 | The Parliamentarian | 2012: Issue Four

SBC4.indd 308

17/01/2013 14:49:41

SMALL BRANCHES CONFERENCE: 4 PROGRESS AND WELL-BEING

The Gross Domestic Product is not solely sufficient to be an indicator of a society’s progress.

cricket team which ruled the world of cricket for 60 years. His presentation focused on national and regional pride and the satisfaction derived from this as measurements of satisfaction for people. He saw this as a measure of well-being and rated this as being more important than GDP on its own.

In his presentation, he saw the continued overall development of the people of this Region as an example of how limited GDP is as a measurement of progress and well-being and didn’t reflect a lot of today’s measures in Small States i.e. environmental and social costs.

In general, he stated that it doesn’t measure the progress of society only the economy and social and environmental priorities need to also be taken into consideration.

What is progress and wellbeing Participants discussed the global trend to measure performance of nations by more than just economic growth. Specific reference was made to the social and environmental issues which look at things such as life expectancy, poverty rates, unemployment rates, disposable income, education levels, natural resources, environmental pollution, waste, health and leisure.

Progress and well-being were identified as subjective terms and held different meanings to different people.

However, in general terms they were recognised as reflecting the quality of life available to people. Indeed the meeting saw the Organisation for Economic Cooperation and Development’s (OECD) ‘Better Life Index’ (BLI) as a true measure of a country’s development. BLI measures eleven areas including housing, income, job, community, environmental health, life satisfaction, governance, safety and work life balance and it provides comparisons across 34 countries.

Hon. Wilkie Rasmussen, MP, from the Cook Islands stated that that, although GDP on its own is not an adequate measure for progress and well-being, it is an accepted tool of measurement when running a government.

He further explained that it is economists not sociologists who advise the government on the economy. He agreed that GDP on its own didn’t give a full picture; however, it is necessary for projections for the future of a country.

This generated a lot of discussion specifically with regards to the importance for legislators to be mindful of the needs of the people.

Some Members were of the opinion that a country should be judged on how it provides for the most vulnerable in society.

Another indicator discussed by Members was the “Gross National Happiness” Index which has been introduced by Canada and Britain to measure the level of happiness of their people. Surveys carried out based on this index show that people in lower income economies actually score higher and are in fact happier than people in some developed countries.

Members further cited factors such as health, happy marriage, personal security and low crime rates as contributing to the overall happiness of people.

Members agreed that GDP fails to look at factors such as poverty and crime and in fact it measures everything except that which makes life worthwhile. It was therefore agreed that without this type of information policy makers are unable to make informed decisions. This is particularly important in assessing the capacity of small states, which are easily marginalized as they have very few safety nets.

Other measurements Members agreed that each

government uses different measurements to identify progress; however, they need to be mindful of how those measurements provide substantial evidence on the actual progress of the society. It was agreed that GDP could not be the sole indicator for progress or wellbeing and Members identified other indicators as they applied to their countries.

It was the view of one of the Barbadian delegates that what is important is determining how far the economy of a given country is able to provide for the needs and well-being of its populace. He stated that Barbados is more than just an economy, it is also a society where free health care, education (from nursery to tertiary), social programmes and employment are available to its population.

A delegate from Bermuda stated that using GDP as a measurement has its merits; however, it is important for the human element to be considered. He stated that though Bermuda is one of the richest jurisdictions in terms of per capita income, the fact is that they are Bermudians who are struggling to have their needs met.

In her summation, Ms WebsterBourne stated that the discussion about the relevance of GDP is ongoing and, as a measurement, it has played a necessary and important role.

However, it is necessary to complement it with other indicators such as HDI, Ecological Footprints and the Quality of Life Index. Together all these indicators give a true reflection of the real state of living standards and quality of life.

Mr Francis concluded that as it now stands GDP in the eyes of the world is the main measurement to determine a country’s viability.

However in small states it is not regarded as the sole criteria.

Overall, Members’ expressed hope for the future as in time there will be a more sustainable approach which will consider many more indicators to determine progress and well-being.

The Parliamentarian | 2012: Issue Four | 309

SBC4.indd 309

17/01/2013 14:49:59

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

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

Contributors include former Chairs of the Executive Committee, Hon. Dato Seri Mohd.

Shafie Apdal, MP, writing on “Growing up with democracy” and Dame Billie Miller on “Expanding public involvement in Parliament and politics”.

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

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

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

CPA centennial book ad.indd 310

17/01/2013 15:13:35

Parliamentary Report

NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS AUSTRALIA: Cybercrime Legislation Amendment Act 2012 Page 313

BRITISH COLUMBIA: Family Day Act Page 323

BRITISH COLUMBIA: Limitation Act for civil lawsuits Page 323

NEW ZEALAND: National War Memorial Park (Pukeahu) Page 325

INDIA : The All-India Institute of Medical Science (Amendment) Bill, 2012 Page 330

AUSTRALIAN SPEAKER RESIGNS Page 312

U.K. COALITION GOVERNMENT FACES ITS FIRST DEFEAT IN HOUSE OF COMMONS Page 317

SRI LANKA PASSES REGULATION ON SEA MAMMALS Page 320

MEMBER’S BILL PROPOSES TO RECOGNIZE SAME-SEX MARRIAGES IN NEW ZEALAND Page 325

The Parliamentarian | 2012: Issue Four | 311

Parliamentary News.indd 311

17/01/2013 14:51:36

PARLIAMENTARY REPORT

AUSTRALIA

HOUSE OF REPRESENTATIVES SPEAKER RESIGNS In April 2012 the then Speaker of the House of Representatives, Hon. Peter Slipper, MP, stood aside while criminal and civil allegations were being investigated. Mr James Ashby, a former staff member in Mr Slipper’s office, claimed that he was sexually harassed by Mr Slipper. In addition, Mr Ashby alleges that Mr Slipper misused Cabcharge vouchers. During the period of the investigation Mr Slipper did not perform his duties as Speaker in presiding over the House of Representatives.

This role was performed by the then Deputy Speaker, Ms

Hon. Peter Slipper, MP

Anna Burke, MP. Mr Slipper did, however, continue to perform his administrative and ceremonial duties.

In October thousands of text messages between Mr Slipper and Mr Ashby were made public as part of the sexual harassment case against Mr Slipper. These messages revealed highly explicit and sexist comments about women. On 9 October, the Leader of the Opposition, Hon. Tony Abbott, MP, during question time asked the Prime Minister Hon. Julia Gillard, MP, whether she continued to have full confidence in Mr Slipper. The Prime Minister responded that sexism is offensive wherever it came from; but the Parliament should not be canvassing these matters at

Opposition Leader Hon. Tony Abbott, MP, (right) walking past Prime Minister Hon. Julia Gillard, MP, during Question Time.

312 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 312

17/01/2013 14:51:52

AUSTRALIA the moment as they were before the courts. Mr Abbott, apparently dissatisfied with this response, immediately moved, under section 35 of the constitution, that the Speaker be removed from office. Since federation in 1901 this is the first time that section 35 has been invoked for the purpose of removing a Speaker.

Mr Abbott commented: “At the risk of detaining the House in a repetitive way, let me say that it is absolutely crystal clear that the Speaker is no longer a fit and proper person to uphold the dignity of this Parliament and is no longer a fit and proper person to uphold and protect the standing orders of this House. I say that the Speaker is not disqualified by the mere fact of a legal action against him—that can befall any Member of this House and of itself should not be a disqualification from high office. What must nevertheless be held against the Speaker of this Parliament are the undenied, uncontradicted facts that have emerged, and that continue to emerge, in the course of the case currently on foot against him. At the risk of dismaying this Chamber, at the risk of dismaying the public, I must allude—and I only allude—to the gross references to female genitalia which are contained in the uncontradicted, undenied evidence before the court about the conduct of this Speaker. I must allude to the vile anatomical references to which this Speaker appears to be addicted in his text messaging.”

Mr Abbott then turned his attack to the Prime Minister. Mr Abbott stated that “it is not just the Speaker who has failed the character test. It is indeed this Prime Minister who has failed the judgement test. This Prime Minister hand-picked the current Speaker for the top job of this Parliament. This Prime Minister orchestrated the resignation of the former Speaker, the member for Scullin, a man of undoubted

character, a man of undoubted quality and a man of undoubted impartiality in the conduct of this

chamber. Does anyone think for a second that the member for Scullin, the former Speaker of the

Parliament—a man who loved this Parliament, who loved the speakership as he loved his life—

THIRD READING: AUSTRALIA Cybercrime Legislation Amendment Act 2012 The Cybercrime Legislation Amendment Act makes amendments to facilitate Australia’s accession to the Council of Europe Convention on Cybercrime. The convention is the only binding international treaty on cybercrime. The then Attorney-General Hon. Robert McClelland, MP, commented that “cybercrime poses a significant challenge for our law enforcement and criminal justice system. The global and interconnected nature of the internet makes it easy for malicious actors to operate from abroad, especially from those countries where regulations and enforcement arrangements are weak. For this reason, it is critical that laws designed to combat cyberthreats are harmonised, or at least compatible to allow for international cooperation between law enforcement agencies”. Mr McClelland noted that “Australian law already complies with a majority of the obligations of the convention. In particular, jurisdictions in Australia have created relevant offences and have provided agencies with many of the powers and procedures required by the convention”. However, he explained that “accession to the convention will require amendments to the Telecom-munications (Interception and Access) Act 1979, the Mutual Assistance in Criminal Matters Act 1987, the Criminal Code Act 1995 and the Telecommunications Act 1997 to enhance Australia’s ability to effectively combat cybercrime”.

The legislation provides for the preservation of stored communication. Mr McClelland noted that “these amendments are necessary as carriers’ business practices often include the deletion of communications before agencies have the opportunity to exercise a warrant for their access, in the case of one carrier that is within 24 hours of a message’s creation”. In addition, the legislation will enable the Australian Federal Police to require the preservation of communications on behalf of a foreign law enforcement agency. Mr McClelland noted that ‘once again, however, the content of those preserved communications can only be accessed following authorisation of a stored communications warrant under a formal mutual assistance request for a serious foreign contravention”. Protection in the legislation includes the requirement that access to preserved communications can be through a warrant, and preservation is only available to access a ‘serious contravention’ which is defined as an offence carrying three years imprisonment.

In relation to privacy provisions, Mr McClelland advised

that “in order to ensure full compliance with article 15 of the convention, which deals with the protection of civil liberties, the Bill also introduces a new requirement in the Telecommunications (Interception) Act in respect of the protection of privacy. This will require agencies to specifically consider the privacy of affected parties before authorising the disclosure of telecommunications data”.

The Shadow Attorney-General Sen. the Hon George Brandis indicated that the opposition would support the legislation. He dealt firstly with privacy issues. Senator Brandis noted that “submissions to the Joint Standing Committee on Treaties complained that the convention does not contain sufficiently robust privacy and civil liberties protections to offset the increased surveillance and the information sharing powers that it implements”.

Senator Brandis noted that “disclosure of real-time data is limited to investigations relating to a criminal offence punishable by at least three years’ imprisonment. In addition, the acts to be amended by this bill contain their own fairly robust privacy safeguards and accountability mechanisms”.

Senator Brandis did draw attention to the implementation time for the legislation. Senator Brandis advised that “the Attorney-General’s Department has advised that it is of the view that the legislation can be implemented within the time frame contemplated by its provisions and that, if carriers and carriage service providers are unable to comply, stopgap measures will be acceptable and the Attorney-General’s Department will not insist on strict compliance”. He noted that “the views expressed to the coalition by the carriers and carriage service providers is that this is a simplistic approach which provides cold comfort to them. It also fails to take into account the additional expense to which carriers and carriage service providers will be put to comply with what we are advised is a totally unrealistic time frame”. Senator Brandis concluded that “ultimately, the coalition has been forced into a fairly unacceptable choice: to take the government at its word—always a risk with this government—or to support amendments that might further delay the implementation of important law enforcement legislation. On this occasion, and on balance, we have decided with some hesitation to take at face value the government’s assurances that interim measures will be acceptable and that carriers and carriage service providers will not be put to unnecessary expense in an effort to comply with the legislation”.

The Parliamentarian | 2012: Issue Four | 313

Parliamentary News.indd 313

17/01/2013 14:52:05

PARLIAMENTARY REPORT

would have resigned to spend more time with his colleagues in the caucus?”

Ms Gillard opposed Mr Abbott’s motion commenting that “I will not be lectured about sexism and misogyny by this man. I will not. The government will not be lectured about sexism and misogyny by this man—not now, not ever. The Leader of the Opposition says that people who hold sexist views and who are misogynists are not appropriate for high office. Well, I hope the Leader of the Opposition has a piece of paper and he is writing

Hon. Julia Gillard, MP

out his resignation, because if he wants to know what misogyny looks like in modern Australia he does not need a motion in the House of Representatives; he needs a mirror. That is what he needs”.

Ms Gillard also drew attention to the fact that Mr Slipper has been a long serving member of the Liberal Party and was indeed preselected by the Liberal Party for the most recent 2010 Federal Election. Ms Gillard noted that when Mr Slipper was elected Deputy Speaker in September 2010, Mr Abbott stated that “I congratulate the member for Fisher (Mr Slipper), who has been a friend of mine for a very long time who has served this Parliament in many capacities with distinction”.

Ms Gillard concluded that “I will take the remaining seconds of my speaking time to say to the

AUSTRALIA Leader of the Opposition that I think the best course for him is to reflect on the standards he has exhibited in public life, on the responsibility he should take for his public statements, on his close personal connection with Peter Slipper and on the hypocrisy he has displayed in this House today. On that basis, because of the Leader of the Opposition’s motivations, this Parliament should today reject this motion, and the Leader of the Opposition should think seriously about the role of women in public life and in Australian society— because we are entitled to a better standard than this”.

While the motion was defeated 69 to 70 votes, Mr Slipper returned to the Chamber later in the day to advise the House that he would be resigning his position as Speaker. Mr Slipper stated that “I would like to take this opportunity to thank the House this afternoon for its continued support and for the great privilege of serving as the 27th Speaker of the House of Representatives.

I thank particularly those honourable members who spoke in support of me. I appreciated the references to the friendships I have enjoyed with members across the spectrum over many years. It is indeed a great privilege to serve in this place, particularly as Speaker. Despite the vote of the House in support of my continuation in office, I wish to advise that with great sadness I have decided that I should not continue as your Speaker. Accordingly, I am having arrangements made to tender my resignation to Her Excellency the Governor-General”.

Mr Slipper drew attention to his achievement and vision in reforming the House. Mr Slipper stated that “I was determined to do my part to improve its operation, and I suspect that the Leader of the House and the Manager of Opposition Business would concede my endeavours

in that area. I am most grateful for the support of honourable members from all sides for my endeavours in this regard. I refer, for example, to the changes in relation to both questions and answers; to the efforts to introduce greater civility into the House; and, of course, to the long-awaited renaming of the Federation Chamber. I wanted to expand the role of supplementary questions. I also wanted to turn our House into being like the House of Commons, where we had more interactivity and more spontaneity and where the government of the day—whoever was in government—was in fact held accountable to the people of Australia”. In concluding his remarks to the House, Mr Slipper stated that “I do understand the arguments of those who argued against me. The Leader of the Opposition has been a friend of mine for a very long time. He came to my wedding. When he was overlooked, we sat and talked through the difficulties.

I do not hold anything against the Leader of the Opposition, who I think is a person of fine character, and. I think we are singularly privileged to have as Prime Minister a lady of amazing stamina. I leave this position without rancour, with a great deal of sadness and, more importantly, with a great deal of regret, because I believe that, given the controversy which has occurred in recent times, it is in the interests of the Parliament that I should take the course of action that I have personally chosen to take”.

Anna Burke elected as Speaker of the House of Representatives On 9 October, the House conducted its third election of Speaker for the 43rd Parliament.

The current Deputy Speaker, Ms Anna Burke, MP, was elected unopposed as the 28th Speaker of the House of Representatives.

She is the second woman to

hold the position of Speaker.

Honourable Joan Child held the position of Speaker from 1986 to 1989.

Ms Burke was first elected to the seat of Chisholm, an inner metropolitan seat in Melbourne, in 1998. Previously she was an official for the Financial Sector Union. Ms Burke has a Bachelor of Arts and Master of Communications both with Honours. In 2008 she was elected as Deputy Speaker. In 2011 she was the Chair of the Joint Select Committee on Australia Clean Energy Future Legislation. This inquiry was one of the most significant conducted in the current Parliament.

Ms Burke took the opportunity to thank the House for its support.

Ms Burke stated that “I wish to express my grateful thanks for the high honour the House has pleased to confer upon me. I am truly speechless at this time, and those of you who know me well will find that passing strange. I am deeply honoured and moved by this incredible honour that the House has bestowed upon me. At the outset, can I thank the

Ms Anna Burke, MP

members for Capricornia and Wills for their gracious and kind words. They almost moved me to tears. It is difficult to hear yourself praised. We do not accept it easily or lightly, so I accept those absolutely delightful remarks”.

In particular, Ms Burke thanked her husband for his support throughout her parliamentary

314 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 314

17/01/2013 14:52:22

AUSTRALIA career. Ms Burke stated that “none of us can do these roles without our family support. None of us are here on our own. Without our staff, without our electorates and without our families we do not do this job. It has been 14 years for me in this Parliament. I have had both my children since being here, so obviously my husband has been an enormous support over those many years

Hon. Tony Abbott, MP

and I really do need to thank him for that”.

The Prime Minister noted Ms Burke’s contribution to Parliament and the positive role model that she provided stating that “as recently as this morning I spoke at a women’s breakfast about women’s roles in Parliament and women’s roles in leadership. I spoke about the trailblazing role of Joan Child in this Parliament, being the first woman to serve as Speaker. It is fitting indeed that 26 years later we are here welcoming another woman as Speaker of this Parliament.

For other women and girls who may be looking at this place and thinking about what could potentially be their role within it, your election to the speakership today provides another role model for them. My personal congratulations go to you—my congratulations as Prime Minister and my congratulations as federal Labor leader”.

Mr Abbott commented that “Madam Speaker, I regret the fact that you were unable to be the

Deputy Speaker earlier in this Parliament because the politics of this Parliament meant that your own party did not see fit to nominate you as Deputy Speaker.

I regret the fact that you were unable to accept our nomination as Speaker back in November of last year—I think you would have done an outstanding job in the chair after the member for Scullin was for one reason or another unable to continue. I do regret the fact that you have come late to this chair; nevertheless, let me say that you have served very competently in the time you have acted as Speaker in this chamber, and I am confident that you will

discharge your duties faithfully and honourably for the duration of this Parliament.

Senate Estimates Senate supplementary budget estimates were held between 15 and 18 October. Estimates hearings are considered one of the most effective mechanisms for scrutinising the performance and accountability of executive government.

The Senate Legal and Constitutional Affairs Legislation Committee scrutinized representatives from the Attorney-General’s Department about the sexual harassment

claims made by Mr James Ashby against the former Speaker Mr Slipper. Sen. the Hon. George Brandis claimed that the Commonwealth’s claims against Mr Ashby were bordering on vexatious. Senator Brandis stated that “the crowning irony here is that your claim against Ashby was that he was being vexatious.

I put it to you that both of the Commonwealth’s applications were themselves bordering on the vexatious. The first of them, which had absolutely no prospect of success based as it was on inferences drawn from contestable facts, was designed to put the maximum pressure

THIRD READING: AUSTRALIA Aviation Transport Security Amendment (Screening) Act 2012 The legislation amends the Aviation Transport Security Act 2004 to provide that a person is taken to consent to any screening procedure when at an aviation screening point and must receive clearance to board an aircraft or to enter an area or zone of a security controlled airport.

In addition the Act enables body scanning technology to be used for security screening at Australian airports providing that they do not store or transmit an image of the person or any personal information. The legislation removes the choice or offer of an alternative method of screening at an aviation screening point, unless a physical or medical reason is given.

The Minister for Infrastructure and Transport Hon. Anthony Albanese, MP, noted that on 25 December 2009, a passenger attempted to bomb Northwest Airlines flight 253 en route from Amsterdam to Detroit.

The non-metallic device was concealed inside the passenger’s underwear and was therefore able to be carried through a walk-through metal detector without triggering any alarm. Mr Albanese advised that “this event highlighted a significant vulnerability in global aviation security screening practices, including in Australia”. In response to this threat, the government announced a range of measures including the introduction of body scanners. Mr Albanese commented that the introduction of body scanners “will ensure that Australian travellers are afforded the highest level of protection against aviation terrorism, bringing Australia into line with countries such

as the United States of America, Canada, the United Kingdom and the Netherlands”. The Minister noted that “the benefit of introducing body scanning technology is that it can identify a variety of sophisticated threats that cannot be detected by existing screening technology”.

In relation to privacy concerns Mr Albanese stated that “this technology has the ability to identify areas of concern on a generic human representation, similar to that of a ‘stick figure’—that is, each male outline looks the same as any other male outline, and every female outline looks the same as any other female outline. There are no defining characteristics available under this technology.

The operator will not view raw images such as those produced by first generation body scanning technology”.

During debate in the Senate, Senator Barnaby Joyce commented that the legislation was “yet another example of a positive agenda where the coalition and the government can come to an agreement on something that is definitely to the benefit of the Australian nation, especially in areas relying on security”. Senator Joyce noted that the legislation “will repeal section 95A, the opt-out rule, which currently allows for the choice of a frisk search over another screening procedure”. Senator Joyce stated that “while in the United States I went both through the scanning booth and was frisked, and I tell you right now I would prefer the scanning booth—the frisking is quite an experience. Interestingly, the United Kingdom also has a no-opt-out policy and, of the 1.5 million scans conducted, there have only been 12 occasions of passengers refusing to undergo a scan”.

The Parliamentarian | 2012: Issue Four | 315

Parliamentary News.indd 315

17/01/2013 14:52:34

PARLIAMENTARY REPORT

on Ashby. The second of them, which you have not been able to explain other than with the vague term “to consider his employment status, was designed to threaten him with dismissal”.

The Secretary of the AttorneyGeneral’s Department, Mr Roger Wilkins rejected that proposition commenting that “all I am saying is that there is obviously a lot of politics in this. Insofar as you are asking an official what the train of reasoning and thinking was, that was not it”.

Hon. Nicola Roxon, MP

Senator Brandis focused on the involvement in the case by the Attorney-General Hon. Nicola Roxon, MP. Senator Brandis commented that “we have heard about the deep involvement of the Attorney-General in this matter.

The Attorney-General herself spoke of herself last night as being the person who would be giving the instructions in the case. If there is deep political involvement in this case, the deep political involvement was to use every device at the Commonwealth’s disposal, with its almost bottomless resources, and in callous disregard of the model litigant rules to protect the Attorney-General’s position”.

Again, Mr Wilkins rejected the propositions put forward by Senator Brandis.

Senator Brandis commented that Mr Wilkins’ explanation as to why the Commonwealth could argue that the case could

AUSTRALIA be struck out summarily was “so deficient from the point of view of legal principle and so plainly preposterous that the only interpretation one could fairly draw, particularly in view of the other application filed on the same day, was to politically protect the Attorney-General and to politically protect the government by exercising unwarranted pressure against a bona fide litigant”. Mr Wilkins disputed this stating that “I do not think that is a fair thing to say to a range of officials who have been involved in this, working as professional public servants. You are basically implying that we are all part of some sort of political conspiracy. I do not think that is true at all. It was based on advice from the AGS and from senior counsel”.

The Senate Finance and Public Administration Legislation Committee scrutinized the new Secretary of the Department of Parliamentary Services (DPS) over serious a security breach in Parliament House.

In August an intruder invaded a Prime Ministerial press conference because of a security rostering error which led to a key access point between the public and private areas of Parliament House being unattended. Senator Scott Ryan asked the new Secretary of DPS, Ms Carol Mills, about the incident. Ms Mills advised that she had commissioned a review of security at a cost of $30,000 to be conducted by Ms Carolyn Walsh.

This sparked interest

by Sen. the Hon. Michael Ronaldson who has previously raised concerns about DPS employment practices.

Senator Ronaldson commented that “the last expert we had in this area was the husband of one of the former employees. He was in charge of security but had absolutely no expertise at all. It was nepotism of the worst kind. We have been

going through this for two years now and we have had nepotism after nepotism. We have had a completely dysfunctional department and I want to make darn sure that we are not just back on the merry-go-round with another group of old mates who are getting jobs. I want you, please, to take on notice Ms Walsh’s expertise in relation to these areas and come back to the committee with that. I asked what the cost was. It was $30,000, was it?”

Ms Mills responded that the focus of the review is the rostering arrangements.

She commented that “this was an investigation into the causes of a rostering problem. It was very

Sen. the Hon. Eric Abetz

evident from day one that the problem was that the personnel who should have been situated outside a door were not situated outside a door. That is a security issue, but it is actually a rostering arrangement, a departmental arrangement about how staff are allocated.” Senator Ronaldson asked Ms Mills how long she has known Ms Walsh. Ms Mills responded that “I reiterate that I have confidence in the skill of Ms Walsh to identify the causes of the problem on that day and to contribute to any further potential work that might be required, but obviously, dependent on that, I would bring in appropriately skilled people, depending on the nature of the work we may wish to undertake. You have

my assurance that my absolute commitment is to quality. I am determined in this department to bring the highest possible quality standards to the Parliament, and I will bring in the people with the appropriate skills to do that, whether I have known them previously or not”.

The Senate Education, Employment and Workplace Relations Legislation Committee again scrutinized Fair Work Australia (FWA) over its handling of its investigation into the Health Services Union. Mr Craig Thomson, MP, the Member for Dobell in New South Wales was the former Secretary of the Health Services Union (HSU) before being elected to Parliament in 2007. He is being investigated for alleged inappropriate use of his HSU corporate credit card and other expenditure.

Sen. the Hon. Eric Abetz asked the CEO Ms Bernadette O’Neil “what is the cost, to date, borne by the Australian taxpayer in relation to the pursuit of this Thomson issue?”

Ms O’Neil reported that “the costs as at 11 October in relation to the two investigations as a total—over the entirety of the investigations from their commencement in 2009—are $1.3 million. That does not include the costs of the litigation that has been initiated in respect of the No. 1 branch investigation or the costs of the proceedings that I filed in the Federal Court earlier this week”.

Under further questioning from Senator Abetz, Ms O’Neil clarified that this cost was for the external legal support and did not take account of the internal costs of the FWA. In addition, the FWA commissioned KPMG at a cost of$430 000to review the FWA’s report on the HSU. The HSU was not able to advise Senator Abetz of the anticipated costs of prosecuting the case against Mr Thomson.

316 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 316

17/01/2013 14:52:48

UNITED KINGDOM

COALITION GOVERNMENT FACES ITS FIRST DEFEAT IN THE HOUSE OF COMMONS EU Budget A debate on European Union Documents No. 16844/11, No. 16845/11, No. 16846/11, No. 16847/11, No. 16848/11, No. 6708/12 and Addenda 1–3, No. 9007/12, No. 12356/12, and No. 13620/12 may not sound like an occasion that would get parliamentary pulses racing.

However, these technicalsounding documents related to the proposal for the European Union budget (the “multiannual financial framework’”or MFF) and proved to be the occasion of the coalition government’s first defeat in the House of Commons.

The agreement of the MFF is complex. The European Commission first makes a proposal – a 6.8-per-cent rise in funding for 2018. It then goes to the European Parliament and also the Council of Ministers – the governments of the 27 Member states – for decision. The European Parliament supported the Commission’s proposal, whilst the Council of Ministers proposed a 2.79-per-cent rise instead. In principle, a deal has to be agreed between Heads of Government at the European Council in November.

In the U.K., the Commission’s proposal is subject to the terms of the Parliamentary Scrutiny Reserve Resolution.

This means that the government cannot sign up to the proposal at a European level until it has been the subject of a report by the European Scrutiny Committees in both

Flags in front of the European Commission building in Brussels.

Houses of Parliament. The House of Commons committee recommended that the issue should be subject to debate on

Rt Hon. Greg Clark, MP

the Floor of the House and the debate took place on 31 October 2012.

The government proposed a motion criticizing the Commission’s proposal for the budget increase and stating that “payment appropriations should increase, at most, by no more than inflation over the next financial perspectives”.

Moving the motion, the Financial Secretary to the Treasury, Rt Hon. Greg Clark, MP, (Con), stated that: “Frankly, the sheer lack of shame displayed by those demanding more of our money is extraordinary. They want more at a time when the International Monetary Fund predicts that government spending across the EU will fall by more than eight per cent between 2010 and 2017. They want more at a time when Mr Barroso, the European

Commission’s President, has said: “public finances must be consolidated” and that “sound public finances are needed to restore confidence that is so

Mr Mark Reckless, MP

essential for growth.”

However, the motion was

The Parliamentarian | 2012: Issue Four | 317

Parliamentary News.indd 317

17/01/2013 14:53:00

PARLIAMENTARY REPORT

subject to an amendment tabled

by Mr Mark Reckless, MP (Con).

The amendment called on the government “to strengthen its stance so that the next MFF is reduced in real terms.”

Speaking to his amendment, Mr Reckless argued: “We simply cannot afford to agree an inflationary increase to the EU. This country has 13 per cent less income than it had just five years ago, and we are seeing 20-percent reductions to domestic spending. According to the House of Commons Library, if an inflationary increase is agreed, next year it will amount to £290 million, every penny of which we will have to borrow. Hon. Members will have spoken to constituents on different issues, and police officers have been to my surgery. They understand that their pay is frozen, although they are less happy about changes to their pay and conditions and about not getting their increments; but they do not understand why other elements of the budget, particularly the EU, should be guaranteed inflationary increases, let alone inflationary increases all the way through to 2020.”

The Shadow Minister, Mr Chris Leslie, MP, (Lab) said that the opposition would support the amendment.

He argued: “When times are tough, not only in Britain, but in countries throughout Europe, it is all the more important

Mr Chris Leslie, MP

UNITED KINGDOM that the negotiations on the next seven-year EU spending review—the multiannual financial framework—spurn the inflationary

Sir Tony Baldry, MP

tendencies which simply repeat previous settlements plus a nominal price adjustment.

Heads of Government need to champion reform, get a grip on the fundamentals of the EU

Mr Connor Burns, MP

budget and reverse that upward trend. There is a very simple test for the summit on 22 November: will member states just keep rolling forward the EU budget, plus inflation, or can they achieve a real-terms reduction?”

His position was criticized by some on the government side, who argued that the previous government had been responsible for increases the EU Budget and a decrease in the United Kingdom’s rebate.

The Financial Secretary argued, “those sitting on the opposition front bench are the same men who gave away so much of our

rebate and who would surely surrender the rest on demand to curry favour with Europe. It is the party that, the last time it was in power and had the opportunity to negotiate an MFF, agreed not to a cut or a freeze, but to an 8 per cent real-terms increase”. Mr Leslie rejected those criticisms, arguing “we have been clear on our position for a long period: because of the stagnating economy and the pressures on public finances, a real-terms rise in the EU budget is wrong.

We have been saying that for months”.

Supporting the government’s position, Sir Tony Baldry, MP, (Con), drew on his experience of being a Minister in Sir John Major’s government. He argued that having MPs of a government party voting against the government’s negotiating strategy weakened the Prime Minister’s position in Europe. He went on to say “the Prime Minister has made it clear what he wants to achieve. If he achieves a freeze in the EU budget, he will have done something that no other Prime Minister has ever managed”.

In contrast, Mr Connor Burns, MP (Con), argued that supporting the amendment would strengthen the position of the Prime Minister. “This House matters again. As a united House of Commons, we have the opportunity to back the Prime Minister by sending him emboldened to the European Council with the clear message from the British people that enough is enough. If we are taking cuts, the European Union must take them, too.”

On the other side of the House, Mr Mike Gapes, MP, (Lab) observed that the European Union employed less than half the number of civil servants than Her Majesty’s Revenue and Customs and that the EU budget was less than 1 per cent of the EU’s GDP. Nonetheless, he argued in favour of a cut to its budget and criticized

the government’s negotiating positions – arguing “the Polish and German governments and many others want the U.K. to stay in the EU as partners, but they will not wreck the EU to keep us. We need to realise that our options are narrowing. The government are in danger of taking us into an isolationist position”.

Concluding the debate, the Financial Secretary to the Treasury, said: “It comes down to this: we want to see a realterms cut in the budget. We all want to negotiate for that. That is the position that unites most Members of the House, but in seeking to advance that agenda the Prime Minister has done something historic, something that no Prime Minister during the history of our engagement with the European Union has managed to do, which is to secure from the most powerful allies that we have in the European Union a position that we should negotiate for the first time a cut over seven years in the EU budget, or a maximum of a real-terms freeze.

That was agreed two years ago

Mr Mike Gapes, MP

and has been scrutinized by the House in detail. Having put that to the House, it is reasonable for the Prime Minister to go into the negotiating chamber able to deliver on the commitments that he has had from his colleagues there.”

The result of the vote on the amendment was 307 in favour,

318 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 318

17/01/2013 14:53:12

UNITED KINGDOM 294 against. Having agreed to make the amendment, the House agreed the amended motion without a vote. The result was the first defeat for the coalition government in the House of Commons. The vote is not binding on the government. However, the

required to bring in the proposed changes.

On 31 October 2012 the House of Lords was due to consider another piece of electoral legislation, the Electoral Registration and Administration Bill for a second day in Committee.

Lord Hart of Chilton (Lab) put forward an amendment which would have required the Boundary Commission to report on its review on 1 October 2018, rather than 1 October 2013.

Rt Hon. Nick Clegg, MP

final proposal that emerges from the European Council will have to be agreed by both Houses of Parliament, so this will not be the last time that the issue is debated in the House of Commons.

Electoral Registration and Administration Bill While the Commons was debating the EU Budget, the House of Lords was demonstrating the difference between a self-regulating and a regulated House. A previous report highlighted the controversy around the government’s proposal to reduce the number of parliamentary constituencies from 650 to 600.

Although the proposal had been agreed in principle as part of the Parliamentary Voting and Constituencies Act 2011 it still requires a boundary review by the Electoral Commission and Secondary Legislation to be passed to bring it into effect.

Following the government’s decision to withdraw the House of Lords Reform Bill, the Deputy Prime Minister, Rt Hon. Nick Clegg, MP, (Lib Dem) had indicated that his party would not support the secondary legislation

Rt Hon. Lord Strathclyde

The effect would have been to postpone any decision on the number of constituencies until long after the next election.

Lord Hart had tabled his amendment against the advice of the Public Bill Office, who had argued that the amendment went beyond the scope of the Bill – which was concerned with electoral registration. In the Commons, rulings on such matters are made by the Chair on the advice of the Clerks and are binding on the House. In the Lords, the House is invited to decide whether or not it agrees with the ruling.

At the opening of public business on 31 October the Leader of the House of Lords, Rt Hon. Lord Strathclyde (Con), explained that he had decided not to have committee stage on the Bill on that day. He explained his decision: “By the late tabling of an inadmissible amendment the noble Lord proposed to ask

the House to act precipitately without notice and against the advice of the Clerks. This is not how we should go about our work. These are the reasons why I have changed the business before us today, to enable the House to reflect carefully before it takes a decision either on the admissibility of the amendment of the noble Lord, Lord Hart, or on its merits. I believe that it is a decision made in the best interests of the House.”

Disputing the Leader’s position, the Shadow Leader of the House, Rt Hon. Baroness Royall, said that the committee stage had been pulled from the Order Paper without any consultation with the “usual channels” (the means by which party Whips and sometimes the Crossbenchers discuss business in the House).

She argued: “Those are the facts. They show not this selfregulating House determining its order of business, through the operational proxy for a self-regulating House of the usual channels, but the order of business in your Lordships’ House being determined by the Leader of the House. That is not right. That is not how this House conducts its business.”

She also noted: “Supporters of the amendment considered that

Baroness Royall of Blaisdon

since boundaries are determined by the number of registered voters in an area, registration was highly relevant to boundary

changes. The amendment’s supporters obtained written advice from Queen’s Counsel to this effect. That advice was provided to the Clerks; they still disagreed.”

The Leader of the House defended his decision, observing that the business was the government’s and it had the right to withdraw it to allow the House to make a decision on the facts of the matter. He was supported in this last respect by the former Speaker of the House of Commons, Rt Hon.

Rt Hon. Lord Martin of Springburn Lord Martin of Springburn, who said: “I understand that it is advice that the officials give and it does not necessarily need to be taken, but it is sound advice that the Clerk gives. I am not taking sides with the Labour Party or the Conservative Party or indeed the Liberal party, but at least with this delay people like me, who have taken an interest in this legislation, can go to the Clerk and make him an even busier man than he is at the moment and get advice, and ask him why he feels that this matter is out of the scope of the business before us. I do not see any harm in a delay. In fact, often it is better to have a delay so that we can come to a reasoned decision.”

Committee stage of the Bill was taken on Monday 5 November and the House was invited to decide whether to support the Clerk’s advice or allow the amendment to be debated.

The Parliamentarian | 2012: Issue Four | 319

Parliamentary News.indd 319

17/01/2013 14:53:25

PARLIAMENTARY REPORT

SRI LANKA

SRI LANKA PASSES REGULATIONS ON SEA MAMMALS

The President of Sri Lanka, Hon. Mahinda Rajapaksa, speaking in the Chamber of Parliament.

320 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 320

17/01/2013 14:53:45

SRI LANKA On 23 October 2012 Parliament of Sri Lanka passed important regulations under the Fauna and Flora Protection Ordinance, the first one being the Sea Mammals (Observation, Regulation and Control) Regulations, No. 1 of 2012. The regulations were enacted by the Deputy Minister of Agrarian Services and Wildlife, Hon. S.M. Chandrasena MP, (UPFA) and published in the Government Gazette.

Sri Lanka’s territorial waters are rich in marine mammal fauna and animal species, where a high concentration of blue whales and sperm whales were spotted in the seas of Dondra along the south coast of Sri Lanka. Also called Sea Cows, Dugongs feed on sea grass and other water plants that grow at the bottom of the sea. The Gulf of Mannar, in the north-western region Sri Lanka, is one of the rare spots where this

elusive species is found today.

Although it is illegal to catch them, they get trapped in fishing nets and fall victim to fishing methods like dynamiting.

New regulations have been implemented to ensure that the sea mammals’ behavior and habitats are not disrupted by vessels. The intention is to protect the migratory routs of these creatures given that marine mammals have been recognized as a valuable economic resource for tourism. These regulations are also intended to ensure the peaceful and natural existence of all sea mammals whose natural habitat is within the territorial waters of Sri Lanka.

According to the regulations, every vessel that takes visitors to places that inhabit sea mammals, should obtain a license specifically for that purpose from the Director-General of Wildlife Conservation. Moreover, all vessels should be registered at a cost of five thousand rupees per annum. The vessel should have full insurance and should be equipped with life jackets and other essential life saving equipment for both crew and passengers.

A registered vessel is authorized to remain within the Zones specified by the DirectorGeneral. It is an offence to operate vessels without licenses and such vessels are liable to a penalty of one hundred rupees per day for every day in circumstances where the vessel is without a license.

If any passenger wishes to observe sea mammals by diving, the operator of the vessel should obtain the prior approval.

Prior to taking passengers out to sea to observe sea mammals, the passengers should be apprised of the need for conservation measures for the protection of sea mammals and the restrictions they need to adhere to.

In the ensuing debate, Hon. Sajith Premadasa, MP, (UNP)

stated that the country could earn valuable foreign exchange by adopting proper conservation methods. A properly planned tourism programme was needed to expand this sector. He added Sri Lanka could learn valuable lessons from countries such as Australia, New Zealand, Tonga and South Africa where successful sea mammal observation programmes existed.

The Deputy Minister of Ports and Highways, Hon. Rohitha Abeygunawardana, MP, (UPFA) said that people from the coastal areas generally did not harm dolphins and whales because the sea mammals were closely linked to their economies. He continued that the country would benefit economically if tourism flourished in their areas. Fishermen were aware that although dolphins were friendly creatures, they were still occasionally killed by fishermen.

He stressed the importance of strictly implementing laws in order to stop such activities.

The Minister of Social Services, Hon. Felix Perera, MP, (UPFA) said that marine mammals were greatly affected by sound pollution. Whales were especially harmed by the sounds of ship propellers, which also disrupted the breeding process.

He suggested establishing sea sanctuaries.

Hon. Chandrasiri Gajadeera, MP, Minister of Rehabilitation and Prison Reforms, (UPFA) stated that the disorganized methods of observing dolphins and whales had to be abandoned. Vessels that followed the mammals forced them to swim away from Sri Lanka’s seas.

Hon. Sunil Handunnetti, MP, (JVP-Sri Lanka) stressed the importance of adopting safety methods when observing sea mammals.

At the end of the debate the Regulations were passed with the support of all Members.

The Parliamentarian | 2012: Issue Four | 321

Parliamentary News.indd 321

17/01/2013 14:53:55

PARLIAMENTARY REPORT

CANADA

OMNIBUS BILLS DOMINATE CANADIAN SESSION The Omnibus II After the 2012 summer recess, the parliamentary session resumed where it left off, with omnibus Bills on everybody’s minds. In June 2012, Bill C-38, the omnibus 452-page long Jobs, Growth and Long-term Prosperity Act, had been adopted by the Canadian Parliament despite tremendous efforts by the opposition to delay and obstruct its adoption. Motions and amendments at report stage were so numerous,that it took 22 hours for the House of Commons to dispose of them all, as the opposition had asked for a standing vote for each one.

However, Bill C-38 was only the first part of 2012 Budget implementing legislation, and in the early fall 2012 Parliament Hill was speculating as to when the next omnibus budget implementation Bill would be introduced.

While awaiting the introduction of that omnibus, Mr Marc Garneau, MP, House Leader of the Liberal Party, moved a motion criticizing the use of omnibus Bills during an opposition day attributed to the Liberal Party.

Mr Garneau’s motion referred with ironic approval to critical comments about omnibus Bills that the Rt Hon. Stephen Harper, MP, had made in 1994 when he was in opposition. Unsurprisingly, Mr Garneau’s motion was defeated on the same day, the government voting en masse against it.

On 18 October 2012,

the second 2012 Budget Implementation Act, Bill C-45, or the Jobs and Growth Act, 2012, was introduced in the House of Commons. It did not take long for the Leader of the Opposition, and leader of the New Democratic Party, Mr Thomas Mulcair, MP, to denounce the 430-page Bill as the “government’s mammoth Bill” or “monster Bill just in time for Halloween,” and the government’s contempt for the parliamentary institutions. Like its predecessor, Bill C-45 proposed important changes to statutory law amending numerous and diverse statutes, such as the Income Tax Act, Canada Shipping Act, 2001, Fisheries Act, Canada Pension Plan, Canada Labour Code, etc. Bill C-45 also included amendments to the Members of Parliament Retiring Allowances Act that will, for example, postpone the age members are

Mr Marc Garneau, MP

entitled to a full pension from 55 to 65. On the day Bill C-45 was introduced, Hon. Bob Rae, MP,

interim Leader of the Liberal Party, proposed that the measures about MPs’ pensions be removed from the omnibus Bill in order to be adopted quickly by Parliament.

Prime Minister Harper took the

Mr Thomas Mulcair

“suggestion under advisement.”

The following day, the House of Commons unanimously ordered that the amendments respecting the Members of Parliament Retiring Allowances Act be removed from Bill C-45, and deemed introduced as Bill C-46, the Pension Reform Act. Bill C-46 was deemed adopted all stages in the same sitting, and the Senate also proceeded quickly with its study of the Bill so that it received Royal Assent on November 1, 2012.

Meanwhile, debates on Bill C-45 continued in the House of Commons. At the outset of the debate, the government proposed a motion to limit the time devoted for debates at second reading. Read a second time and referred to Standing Committee on Finance, the government

322| The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 322

17/01/2013 14:54:07

CANADA agreed that the various parts of Bill C-45 be referred to 10 standing committees with the appropriate subject matter expertise. Meanwhile, the Senate also adopted an order for the prestudy of Bill C-45 by the Standing Committee on National Finance, and parts of the legislative proposal were referred to five Senate standing committees with the appropriate expertise. The Senate had taken a similar order of reference last spring when prestudying Bill-C-45’s predecessor, Bill C-38.

Aside from Bills C-45 and C-46, other legislative proposals recently been introduced before the Canadian Parliament include Bills C-44, S-12, C-47, and S-13.

Bill C-44, the Helping Families in Need Act, was the first legislative initiative introduced by the government after the 2012 summer recess. It proposes new paid forms of leave for employees who are providing care and support to their critically ill child, or whose child dies or disappears as a result of an offence under the Criminal Code. The amendments that Bill C-44 proposes to the Canada Labour Code and the Employment Insurance Act would permit the suspension of certain type of benefits (such as parental benefits) when the claimants are entitled to other benefits

Hon. Diane Finley, MP

(sickness benefits). During debates at second reading, Hon. Diane Finley, MP, Minister of Human Resources and Skills

Development, said: “The government is delivering on our commitment to support Canadian families by introducing new income supports for them in times of sickness and tragedy.

Our government listens to

Canadian families. We know that raising a child is one of the most important responsibilities that someone will ever have, so when a parent has to struggle with illness while balancing other responsibilities, whether at work,

home or both, the whole family is affected. We have heard from families all across this great country about situations where a parent becomes ill soon after a child is born and while the parents are still receiving parental

THIRD READING: BRITISH COLUMBIA Family Day Act The Family Day Act establishes a new statutory holiday for British Columbians. Five other Canadian provinces (Alberta, Saskatchewan, Manitoba, Ontario and Prince Edward Island) already observe a statutory holiday in February.

When Bill 53 was introduced, Hon. Dr Margaret MacDiarmid, MLA informed the House that the government would undertake a consultation process to choose the timing of the new statutory holiday – either the second or third Monday in February.

Besides consulting with representatives from tourism and the broader business sector, input was received from over 31,000 British Columbians in a two-week period (May 8-22, 2012), via a web-based consultation. At Second Reading, based on feedback results, the minister announced the holiday would be held on the second Monday in February each year, starting in 2013.

Bill 53 received considerable attention during its passage through the House. Government members commended the consultation process, the generous timeline for the implementation of the new holiday and the opportunity it would afford British Columbians to enjoy time with their families.

While opposition members supported the Bill, the three Independent members did not. The latter raised concerns about the costs imposed on small businesses by a new statutory holiday. Independent members also questioned the timing and prioritization of this legislation in connection to economic conditions.

Both second- and third-reading stages passed, on division. The Family Day Act received Royal Assent on 31 May, 2012, and the first BC Family Day will be 11 February 2013.

Limitation Act In 1975, British Columbia was the first jurisdiction in Canada to enact legislation setting an ultimate limitation period for civil lawsuits. An extensive review of the original Limitation Act was initiated with the release of a Green Paper in 2007. In the ensuing three years of consultation, input was sought from the public, consumer groups, and business, legal and health care representatives, whose

work is often exposed to long-term liability risk. In 2010, a draft act was released in conjunction with a White Paper.

The Limitation Act that was passed unanimously in May 2012 replaces the existing statute. It establishes a single two-year limitation period for most civil claims, including breach of contract, wrongful dismissal, personal injury and defamation. Also, the ultimate time limit for filing a civil claim is reduced to 15 years from 30 years. These reforms align with existing laws in Alberta, Saskatchewan, Ontario and New Brunswick.

During the Second Reading and Committee Stage debates, opposition members expressed concern that the two-year limitation period might reduce access to justice for some vulnerable individuals and sought clarification of the kinds of civil cases to be included.

The legislation was passed without amendment and will come into force on 1 June 2013 to allow the legal community and other stakeholders time to familiarize themselves with the changes.

Civil Resolution Tribunal Act The Civil Resolution Tribunal Act establishes a new dispute resolution and adjudicative body that has the authority to hear some strata property disputes and, where the parties agree, small claims matters. The Civil Resolution Tribunal is structured to encourage people to use a broad range of non-litigation-based online dispute resolution tools, the first service of its kind in Canada.

At Second Reading, on 8 May 2012, the Attorney General claimed that the tribunal would provide greater access to justice for all British Columbians, by applying traditional principles of fairness in resolving disputes, facilitating more effective and efficient dispute resolution, and increasing innovation and learning in the administrative justice system. Opposition members raised concerns pertaining to the voluntary nature of participating in the tribunal, the risks to maintaining high quality judicial services with an increased reliance on tribunals, as well as the short time period given for scrutiny and debate of Bill 44. At Third Reading, Bill 44 was reported complete without amendment and passed, on division. It is anticipated that the Act will come fully into force and the tribunal will begin operations in 2014.

The Parliamentarian | 2012: Issue Four | 323

Parliamentary News.indd 323

17/01/2013 14:54:17

PARLIAMENTARY REPORT

CANADA

benefits. In those cases, parents have been unable to access EI sickness benefits during or after their receipt of parental benefits because of the way the Employment Insurance Act is written. Our government is taking action and changing the rules for ill parents.”

Bill S-12, Incorporation by Reference in Regulations, was introduced in the Senate on 17 October 2012. Bill S-12, a rather technical Bill, proposes changes to Canadian administrative law as it relates to delegated legislation.

It would grant regulation-making authorities the express power to incorporate, by reference, materials in regulations, while imposing on the same authorities the obligation to render publicly accessible the materials incorporated by reference.

Bill C-47, the Northern Jobs

The Port State Measures Agreement was introduced to prevent, deter and eliminate unregulated fishing in Canadian waters.

benefits for future generations of Canadians.” Hon. Leona Aglukkaq, MP, Minister of the Canadian Northern Economic Hon. John Duncan, MP

and Growth Act, was introduced in the House of Commons

by Hon. John Duncan, MP, Minister of Aboriginal Affairs and Northern Development, who explained, on the day the Bill was introduced: “Our government is committed to ensuring that Northerners have access to the same economic opportunities as all Canadians.

This Act fulfills obligations flowing from land claims, and proposes mechanisms to improve regulatory processes, encourage investment, and allow resources to be developed in a sustainable manner. This will lead to jobs and

Hon. Leona Aglukkaq, MP

Development Agency added: “These changes will help create a more stable investment climate in the north by increasing the predictability and efficiency of the review process for major northern

projects.”

Finally, Bill S-13, the Port State Measures Agreement Implementation Act, was introduced in the Senate on 8 November 2012, with – as its title suggests – the aim of incorporating the provisions of the Port State Measures Agreement into Canadian law.

In 2010, Canada signed the Port State Measures Agreement which had been adopted by the Food and Agriculture Organization of the United Nations in 2009. The main purpose of the Agreement is to prevent, deter and eliminate illegal, unreported and unregulated fishing through the implementation of robust port state measures. On the day the Bill was introduced, Hon. Gail Shea, MP, Acting Minister of Fisheries and Oceans, said:

Hon. Gail Shea, MP

“Illegal fishing undermines the livelihoods of legitimate fishermen around the world.

By strengthening the Coastal Fisheries Protection Act, our government is protecting the livelihoods of Canadian fishermen and to supporting the international fight against illegal, unreported and unregulated fishing.”

324 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 324

17/01/2013 14:54:32

NEW ZEALAND

MEMBER’S BILL PROPOSES TO RECOGNIZE SAME-SEX MARRIAGES IN NEW ZEALAND THIRD READING: NEW ZEALAND

Voting on alcohol reform On 30 August 2012 the House went into committee on Part 2 of the Alcohol Reform Bill for an in-principle debate on the issue of the age for sale and purchase of alcohol from licensed premises.

In an unusual procedure, the issue would be decided by a conscience vote in an election with three options: 18 years, 20 years, or a split age of 18 for purchase of alcohol for consumption on licensed premises and 20 for purchase of alcohol from off-licences.

If the election did not result in a clear majority, the least favoured option would be eliminated and

Hon. Lianne Dalziel, MP

a further vote held on the two remaining options.

Hon. Lianne Dalziel, MP, (Labour) strongly objected to having Part 2 “carved out for a conscience vote, because it makes it look like age is the only problem we have with alcohol in this country. The media [are] very much focusing on how MPs are

Mr Michael Woodhouse, MP

going to vote on the age, when there are much more important issues that the media should actually be asking individual Members of Parliament about”.

Mr Michael Woodhouse, MP, (National) intervened that “it is not the government’s prerogative to decide what is and is not a conscience vote. That will be for the Speaker to decide”.

Ms Dalziel said that if the Committee of the Whole House did not support her choice of the split age option, she wanted to keep the age at 18 years because she believed that “it is fundamental that the public of New Zealand does not think for one minute that we have dealt with the really hard issues”.

Mr Hone Harawira, MP, (Mana) considered one of these issues to be the advertising of alcohol, which he compared with tobacco.

In terms of tobacco packaging and display, he said: “We wanted to try to reduce tobacco’s impact on young people. Well, no moves are being made against alcopops

National War Memorial Park (Pukeahu) The National War Memorial Park (Pukeahu) Empowering Bill had its third reading on 7 September, two weeks after its introduction. The Bill grants the necessary statutory authorizations and property rights to enable completion of the National War Memorial Park (Pukeahu) in Wellington by April 2015, to coincide with the 100th anniversary of the Gallipoli landing in Turkey during World War I. The Gallipoli campaign is of special significance to both Australia and New Zealand, and 25 April, known as Anzac Day, is commemorated in both countries as their day of national remembrance.

The Bill was introduced by the Minister for Arts, Culture and Heritage, Hon. Christopher Finlayson, MP, who said that the Bill will enable the completion of “what will be New Zealand’s major legacy project for the First World War commemorations: this wonderful park, Pukeahu. It is the centrepiece of the Government’s programme of projects and activities to mark the centenary over the 2014-18 period”. Minister Finlayson said “it is important to recognize that this has been a developing project, but with this development we will be able to say that we finally have a complete memorial to those who have served this country so well”. The project will involve relocating state highway 1

so that Pukeahu would become “a place of quiet reflection”.

Deputy Leader of the Labour Party, Mr Grant Robertson, MP, agreed that the park “should be a place where people can go to think about the overall impact of war”.

He noted that “the year 2015 will be a very important time for New Zealanders in terms of our sense of identity and looking back over our history as a country. This is a great legacy project for that time”.

However, he said that “it would have been better if we could have gone through the correct legislative process, regulatory processes, and consenting processes that would be required for that, but time is against us”.

Mr Gareth Hughes, MP, (Green) stated that although the Green Party supported the establishment of the park, the party would be voting against the Bill “because of process issues, because we are going through this extraordinary step of passing legislation to get a park”. Mr Andrew Williams, MP, (New Zealand First) said: “It is understandable that the process has been pressure-cooked and steamrolled somewhat to get this done…but we cannot miss 2015 for the Gallipoli commemorations.

There should be full cross-party support to ensure that we get this completed.”

The Bill passed by 104 votes to 15.

The Parliamentarian | 2012: Issue Four | 325

Parliamentary News.indd 325

17/01/2013 14:54:42

PARLIAMENTARY REPORT

NEW ZEALAND

and the kind of advertising that is targeted totally at young people.

Until those things are done we

(New Zealand First) said: “Arguments for relativity to other ages as a justification for 18 are also specious. Some people say that if you can join the army and fight for New Zealand at the age of 17, you should be able to buy alcohol. In fact, the army is a highly disciplined environment where obedience and compliance are absolutely central, whereas a high degree of disobedience and very bad behaviour is what happens with young people imbibing alcohol.” “The split age is not a useful compromise.”, because “the argument that somehow young drinkers in on-licence premises are more responsible or better behaved there is specious.”

Mr Kevin Hague, MP, (Green) said: “Rather than being a common-sense compromise, the proposed split age is actually muddled. It has enforcement problems. Of particular concern to me as a member who lives in a rural area is that it will create the likelihood of increased drinkdriving as young people are forced to go to licensed premises that are some distance away from their homes in order to drink.”

Mr Tim Macindoe, MP, (National) would have preferred to reinstate the law as it was before the purchase age was lowered to 18 in 1999, when liquor sales to people aged under 20 were prohibited unless those people were accompanied by a parent, guardian, or spouse aged at least

Mr Kevin Hague, MP

need to raise the age to a point where we know that fewer of our young people are going to be dying on the roads and dying from the damage done by alcohol abuse. And, at some time in the future, once we are old enough and mature enough to deal with all the other issues in terms of access, price, and availability, we can come back to the issue of age.”

“Raising the age is not fair”

Mr Gareth Hughes, MP

according to Mr Gareth Hughes, MP, (Green). “On your 18th birthday you are given a raft of rights and you are given a raft of responsibilities. You can vote, you can fight, you can smoke, you can gamble, you can even get elected to a council…but under these changes you could not go and buy a bottle of wine to have with dinner.”

Mr Denis O’Rourke, MP,

Mr Tim Macindoe, MP

20. He said: “This debate is not a matter of blaming young people for New Zealand’s binge drinking culture; it is about trying to protect them from it. It is not about restricting their rights; it is about enhancing the rights of those who love and care for them to guide them in safe and responsible choices as they move into the adult world.”

In the election, the option

Mr Jami-Lee Ross, MP

of 18 years received 50 votes, the option of 20 years received 38 votes, and the option of a split age received 33 votes. As there was no clear majority, the split age option was eliminated.

The result of the second vote favoured having the purchase age at 18 years over having it at 20 years, by 68 votes to 53. The committee reported progress at the conclusion of the voting. It will debate the remainder of the bill at a later date.

Redefining marriage Since 2004 same-sex couples have been able to have their relationships formally recognized in New Zealand, but a member’s Bill, if passed, would allow same-sex marriages. The Marriage (Definition of Marriage) Amendment Bill, in the name of Ms Louisa Wall, MP, (Labour), received its first reading on 29 August.

Ms Wall told Members that her Bill sought to “define marriage as between two people regardless of their sex, sexual orientation,

or gender identity” and was “underpinned by principles of love, fairness, and equality of opportunity for all New Zealand citizens”. She noted that the Bill had “attracted passionate reactions from a number of quarters”, but pointed out that it would not “require any person or church to carry out a marriage if it does not fit with the beliefs of the celebrant or the religious interpretation a church has. Once a marriage licence is obtained by a couple, it does not oblige a minister or celebrant to marry that couple”. “It is the state’s role to uphold our laws and our international obligations and to ensure that everyone has equality under the law. The church can discriminate, but the state should not and cannot.”

Mr Jamie-Lee Ross, MP, (National) asked: “Why should Parliament tell some New Zealanders that they do not have the same freedoms as others?”

“Allowing same-sex couples to marry has absolutely no impact on couples who are already married, and we should not be afraid of it.” Mr Hague,asked: “What is so dreadfully wrong in allowing other New Zealanders of

Ms Nikki Kaye, MP

a different disposition to make a long-term public commitment to someone they love?”

“Young New Zealanders overwhelmingly support this Bill.”

Ms Nikki Kaye, MP, (National) told the House. “When I look to the future of this country and

326 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 326

17/01/2013 14:54:57

NEW ZEALAND the many people who will come after us in this House, I believe that if this legislation does not pass today, it will eventually pass.”

Dr David Clark, MP Same-sex marriages may become legal in New Zealand should a Member’s Bill be passed.

Dr David Clark, MP, (Labour) said: “The strongest support for marriage equality that I have experienced has come from the age group most likely to be engaging in marriage in the future.

It is for those people who will be inheriting and carrying forward the institution of marriage that I am supporting the Bill.”

by passing this Bill, we not only change the definition of marriage, we change its meaning and the fundamental basis of marriage. This change will have enduring ramifications for future generations.” He said he “would implore everyone on both sides of the argument to keep the conversation safe, respectful, and dignified”.

Mr MacIndoe recalled: “I believe that a major purpose

Rt Hon. Winston Peters, MP

Su’a William Sio, MP

In opposing the Bill, Su’a William Sio, MP, (Labour) told Members: “This is a matter that is very sensitive for many in my constituency. Within the Pacific and faith communities, even within my own family, within the fa‘afafine fraternity, and even within the Pacific same-sex community, it is a difficult issue, and the views are very divided.”

If Parliament is to change this long-held standard of marriage between a man and a woman

Mr John Hayes, MP

of New Zealand’s civil union legislation…was to protect the

legal rights of gay and de facto couples.” In his view, “if more protection is needed—and it may be—it should be achieved by amending that legislation, not the Marriage Act”.

He also referred to a joint statement from “numerous national heads of major church denominations, both Catholic and Protestant”, which “urged Parliamentarians ‘to take seriously that, for a very significant proportion of the New Zealand public, marriage is more than just a legal agreement

or social contract, but has a sacred character to it, and that many people—Christian and otherwise—feel very strongly that the nature of marriage should not be interfered with”.

Mr John Hayes, MP, (National) said: “It is obvious these issues expose a much deeper question for churches and the wider community: what ought to be the involvement of the state in what are essentially religious and spiritual sacraments.”

For the Leader of New Zealand First, Rt Hon. Winston Peters, MP: “Such a major legislative change should be based on the collective will of the people, not 121 temporarily empowered members of Parliament. New Zealanders should make these decisions collectively, as a nation.”

In his view, “the only way to test and determine that is by way of referendum”.

After a personal vote was exercised, the Bill passed its first reading by 80 votes to 40 and was referred to a select committee for scrutiny.

The Parliamentarian | 2012: Issue Four | 327

Parliamentary News.indd 327

17/01/2013 14:55:05

PARLIAMENTARY REPORT

INDIA

PRIME MINISTER DEFENDS GOVERNMENT’S DECISION The Monsoon Session of Lok Sabha continued from 8 August to 7 September 2012, with a total of 19 sittings. Following the tabling of the Performance Audit Report of the Comptroller and Auditor General (CAG) of India on “allocation of coal blocks and augmentation of coal production” on 17 August Parliament proceedings were disrupted for a few days. In its report, the CAG, the official auditor of the government, was critical of the allocation of coal blocks by the government on several counts.

The CAG had stated that the interMinisterial Screening Committee did not follow a transparent and objective method while making recommendations for the allocation of coal blocks.

The competitive bidding could have been introduced in 2006 by amending the administrative instructions in vogue instead of going through a prolonged legal examination of the issue which delayed the decision making process. The report also mentioned that the delay in introduction of competitive bidding rendered the existing process beneficial to a large number of private companies.

The Auditor also estimated financial gains of 1.86 lakh crore rupees ($34 billion) likely to accrue to private coal block allots.

A part of this financial gain could have accrued to the national exchequer by operationalizing the decisions taken years earlier to introduce competitive bidding for allocation of coal blocks.

The audit believed there was a need for strict regulatory and monitoring mechanism to ensure that benefit of cheaper coal was passed on to consumers. The opposition members were up in arms against the government, demanding the resignation of the Prime Minister, Dr Manmohan Singh, MP, who was in charge of the Coal Ministry for many years.

On 27 August, the Prime Minister made a statement in the Lok Sabha on issues raised by the CAG. Due to continuous interruptions, he could not complete his statement and laid a copy on the Table of the House. In his statement, the Prime Minister said the Ministry concerned would respond to the issues

Dr Manmohan Singh, MP

raised in the report of the CAG once it was tabled in Parliament.

The PAC would then submit its report to the Speaker and that Report would be then discussed in Parliament. Taking full responsibility for the decisions of the Ministry, he asserted that any allegations of impropriety were

without basis and unsupported by facts.

The Prime Minister said since 1993 captive coal blocks were allocated on the basis of recommendations made by an inter-Ministerial Screening Committee which also had representatives of state governments. Taking into account the increasing number of applicants for coal block allocation, the government in 2003, evolved a consolidated set of guidelines to ensure transparency and consistency in allocation. It was the UPA-I government which, for the first time, conceived the idea of making allocations through the competitive bidding route in June 2004.

The Prime Minister stated that the policy of allocation of coal blocks to private parties, which the CAG had criticized, was not a new policy introduced by the UPA. The policy had existed since 1993 and previous governments also allocated coal blocks in precisely the same manner. The UPA made improvements in the procedure in 2005 by inviting applications through open advertisements after providing details of the coal blocks on offer along with the guidelines and the conditions of allotment. The applications were examined and evaluated by a broad-based Steering Committee with representatives from state governments, related Ministries of the central government and the coal companies.

Any administrative allocation

328 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 328

17/01/2013 14:55:15

INDIA procedure involved some judgment and in this case the judgment was that of the many participants in the Screening Committee acting collectively.

There were then no allegations of impropriety in the functioning of the Committee.

The observation of the CAG that the process of competitive bidding could have been introduced in 2006 by amending the administrative instructions was flawed.

Initially, the government had initiated a proposal to introduce competitive bidding by formulating appropriate rules. The Department of Legal Affairs initially opined that amendment to the Coal Mines (Nationalization) Act would be necessary for this purpose. In the meeting convened in the Prime Minister’s Office on 25 July 2005 and attended by representatives of coal and lignite bearing states, the representatives of state governments opposed the proposed switch over to competitive bidding. It was further noted that the legislative changes that would be required for the proposed change. Therefore, it was decided that the allocation of coal blocks would continue through the extant Screening Committee procedure till the new competitive bidding procedure became operational. This was a collective decision of the centre and the state governments concerned.

The Prime Minister added that it was only in August 2006 that the Department of Legal Affairs opined that competitive bidding could be introduced through administrative instructions.

However, the same Department also opined that legislative amendments would be required for placing the proposed process on a sound legal footing. In a meeting held in September 2006, the Secretary, Department of Legal Affairs categorically stated that with regard to the nature and

scope of the relevant legislation, it would be most appropriate to achieve the objective through amendment to the Mines & Minerals (Development & Regulation) Act. It was difficult to accept the notion that a decision of the government to seek legislative amendment to implement a change in policy should come for adverse audit scrutiny. The issue was contentious and the proposed change to competitive bidding required consensus building among various stakeholders with divergent views. The major coal and lignite bearing states like West Bengal, Chhattisgarh. Jharkhand, Odisha and Rajasthan that were ruled by opposition parties, were strongly opposed to a switch-over to the process of competitive bidding as they felt that it would increase the cost of coal, adversely impact value addition and development of industries in their areas. The Ministry of Power, too, felt that auctioning of coal could lead to enhanced cost of producing energy.

The Prime Minister mentioned that the Coal Mines Nationalization (Amendment) Bill, 2000 to facilitate commercial mining by private companies was pending in the Parliament for a long time owing to stiff opposition from the stakeholders. Despite the elaborate consultative process undertaken prior to introducing the amendment Bill in Parliament, the Standing Committee advised the Ministry of Coal to carry out another round of discussions with the States.

This further demonstrated that the decision to seek broader consultation and consensus through a Parliamentary process was the right one.

The CAG report criticized the government for not implementing this decision speedily enough.

In retrospect, the Prime Minister readily agreed that in a world where things could be done by

fiat, it could have been done faster. But, given the complexities of the process of consensus building in the parliamentary system, this was easier said than done.

The Prime Minister admitted that the private parties who were allocated captive coal blocks could not achieve their production targets which could be partly due to cumbersome processes involved in getting statutory clearances, an issue that was being addressed separately.

Action had been initiated to cancel the allocations of allottees

who did not take adequate follow-up action to commence production. The Central Bureau of Investigation was separately investigating the allegations of malpractices.

The government had initiated action to examine the idea in all its dimensions and the process culminated in Parliament approving the necessary legislative amendments in 2010.

While the process of making legislative changes was in progress, the only alternative before the government was to continue with the current

THIRD READING: INDIA The National Institute of Mental Health and NeuroSciences, Bangalore Bill, 2012 The National Institute of Mental Health and Neuro-Sciences, Bangalore was established as an autonomous body, registered under the Karnataka Societies Registration Act, 1960 on 27 December 1974. This integration facilitated better functioning and rapid growth of the institute.

Integrating mental health and neurosciences, the institute in its present form faced constraints in:

Institute of Mental Health and Neuro-Sciences, Bangalore Bill, 2012 to empower the Institute with academic autonomy to develop its own curriculum, set new trends in mental health and neuro-science, award its own degrees and also enable it to have appropriate delegated administrative and financial powers. The government was of the view that conferring of statutory status on this Institute would enable it to grow into a model center of excellence. Salient Features of the Bill include:

(a) Growing further and in evolving new courses in diverse fields relevant to the present national scenario in India; and (b) Giving greater thrust to inter disciplinary research and innovation.

• Detailed provisions have been made with regard to Budget of the Institute, Accounts and audit, annual report, pension and provident funds; and • Provision has been made ensuring the Central Government to make rules, and make regulations.

The government therefore, proposed to make the Institute a statutory body corporate and to declare it as an institution of national importance under Entry 64 of List I of the Seventh Schedule to the constitution.

The government, therefore, brought forward the National

The Bill was passed by Lok Sabha on 4 September 2012 and by Rajya Sabha on 13 August 2012. The Bill as passed by both Houses of Parliament was assented to by the President of India on 13 September 2012.

The Parliamentarian | 2012: Issue Four | 329

Parliamentary News.indd 329

17/01/2013 14:55:23

PARLIAMENTARY REPORT

system of allocations through the Screening Committee mechanism till the new system of auction based competitive bidding could be put in place.

Stopping the process of allocation would only have delayed the much needed expansion in the supply of coal.

Postponing the allocation of coal blocks until the new system was in place would have meant lower energy production, lower GDP growth and also lower revenues.

It was unfortunate that the CAG did not take these aspects into account.

The Prime Minister emphatically stated that it had always been the intention of the government to augment production of coal by making

INDIA available coal blocks for captive mining through transparent processes and guidelines which fully took into account the legitimate concerns of all stakeholders, including the state governments. The implicit suggestion of the CAG that the government should have circumvented the legislative process through administrative instructions, over the registered objections of several state governments including those ruled by opposition parties, if implemented would have been undemocratic and contrary to the spirit of the functioning of our federal polity. The facts showed that the CAG’s findings were flawed on multiple counts.

As the report of the CAG was

before the House, appropriate action on the recommendations and observations contained in the report would follow through the established parliamentary procedures, added the Prime Minister.

Members concern over violence in Assam There were incidents of violence in some parts of Assam in July and August 2012, in which 73 people were killed and 61 injured. About 200,000 people were rendered homeless and sheltered in relief camps. On 8 August 2012, the opposition raised the matter by way of an adjournment motion against the government for its “failure in assessing the situation arising

THIRD READING: INDIA The All-India Institute of Medical Science (Amendment) Bill, 2012 The All-India Institute of Medical Sciences Act, 1956 (AIIMS Act) was enacted to provide for the establishment of an All-India Institute of Medical Sciences (AIIMS).

The main object of the aforesaid Act is to provide a high standard of medical education, both post-graduate and under-graduate, for all medical colleges and other allied institutions in the country.

The Pradhan Mantri Swasthya Suraksha Yojana (Prime Minister’s Health Protection Scheme) was announced on 15 August 2003 with the objective of correcting the imbalances in the availability of affordable or reliable tertiary level health care and also for improving facilities for quality medical education in the States. Initially six All-India Institute of Medical Sciences, one each in the State of Bihar (Patna), Chhattisgarh (Raipur), Madhya Pradesh (Bhopal), Odisha (Bhubaneswar), Rajasthan (Jodhpur) and Uttarakhand (Rishikesh) were set up under the Societies Registration Act, 1860 broadly similar to the existing AIIMS, New Delhi.

The six institutes were registered under the Societies Registration Act, 1860, which did not allow authorities to impart medical education and grant degrees or diplomas in the field of medical education. In order for the institutes and other institutions to be established in the future, a statutory status was proposed by amending the AIIMS Act.

As Parliament was not in session the President promulgated the All-India Institute of Medical Sciences (Amendment) Ordinance, 2012.

To achieve these objectives, the Government brought forward the All-India Institute of Medical Sciences (Amendment) Bill, 2012, replacing the All-India Institute of Medical Sciences (Amendment) Ordinance, 2012. The salient features of the Bill brought forward amendments that included:

out of the illegal infiltration into Assam and in curbing the large scale ethnic violence in Bodoland Territorial Administration Council area of Kokrajhar District, Dhubri and other districts where many persons have been killed and thousands have been displaced”.

Hon. Meira Kumar, MP

Making a reference earlier in the day to the violent incidents the Speaker of the Lok Sabha, Hon. Meira Kumar, MP, expressed her profound sorrow.

Moving the motion, Shri L.K. Advani, MP, (BJP) argued that the central government had failed in curbing the recent incidents in Assam. The problem was not a matter of ethnicity but a question of who was Indian and who was a foreign national. The infiltration

• Long title of the AIIMS Act to provide for establishment of more than one All-India Institute of Medical Sciences at various locations in different States, instead of the one existing All-India Institute of Medical Sciences at New Delhi, as provided in the said Act; and • Changing the status of the aforesaid six All-India Institute of Medical Sciences already registered under the Societies Registration Act, 1860, to be an autonomous body corporate on the lines of the existing All-India Institute of Medical Sciences, New Delhi.

The Bill was passed by Lok Sabha on 30 August 2012 and by Rajya Sabha on 4 September 2012. The Bill as passed by both Houses of Parliament was assented to by the President of India on 12 September 2012. The Ordinance was accordingly replaced by the All-India Institute of Medical Sciences (Amendment) Act, 2012.

Shri L.K. Advani, MP

from Bangladesh was a threat to Assam and the entire nation.

No country would tolerate such massive illegal immigration but in India no action had been taken even after repeated pleas by the Supreme Court. There was a fear

330 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 330

17/01/2013 14:55:37

INDIA among the indigenous Assamese that the immigrants were going to grab their land. He wanted

Shri Basu Deb Acharia, MP

the government to inform the House about the number of illegal immigrants from Bangladesh living in different states of India, and how many of them were in Assam, particularly in the Bodo territory. He demanded preparing an updated National Register of Citizens and the deletion of names of those, who were illegal immigrants from Bangladesh.

The infiltration from Bangladesh and the outcome thereof was a very serious issue and the responsibility of it was more on the central government than the state government, said Shri Advani.

Shri Paban Singh Ghatowar, MP, (INC) said Assam had been affected by various problems for long and the Congress government had been trying hard to bring peace and prosperity to the state. The government even increased the number of tribunals to dispose of the cases relating to illegal immigrants.

Despite the creation of Bodoland Territorial Council there were problems and ethnic clashes rocked the Bodoland area. Shri Shailendra Kumar, MP, (SP) suggested taking measures to ensure that people could go back to their homes without fear. The motives of foreigners living in the country without visas also had to be examined. Shri Dara Singh Chauhan, MP,

(BSP) warned against trying to draw political mileage out of the incident or give a communal colour to it. He demanded proper rehabilitation and compensation for all the displaced persons and punishment to the people found guilty after investigation.

Shri Basu Deb Acharia, MP, (CPI-M), who had also given notice of adjournment motion, opposed the one moved by Shri Advani on the ground that the issue was not about illegal immigration as pointed by Shri Advani but a failure on the part of the both the state and the central governments. Increasing

Shri Sharad Yadav, MP

the percentage of the Bodo population to strengthen their demand for a separate state was the intention behind creating the

problem. He believed only some groups among the Bodos and the fundamental Muslim elements were creating this problem. He asked the central government to provide sufficient funds, to the government of Assam so that all the rehabilitation work could be done and enough compensation paid to the affected families.

Shri Sharad Yadav, MP, (JD-U) asked the government to inform the House about the real situation in the state since members were not fully aware of the factual position and find a humanitarian solution to the problem. He was against any

THIRD READING: INDIA The Chemical Weapons Convention (Amendment) Bill, 2012 The convention on the prohibition of the development production, stockpiling and use of chemical weapons and on their destruction was signed on behalf of the Government of India at Paris on 14 January 1993. The Chemical Weapons Convention Act, 2000 was enacted to give effect to the said Convention and to provide for matters connected therewith or incidental thereto.

Sub-section (1) of section 9 of the Chemical Weapons Convention Act, 2000 confers power upon the Central Government to appoint such of the officers of the National Authority, as it thinks fit, to be enforcement officers for the purposes of the said sub-section (1) of section 9 to widen its scope and confer upon the Central Government the power also to appoint any of its officers as enforcement officers under the said Act. Section 16 of the said Act contains provisions for restriction on transfer of any toxic chemical or precursor listed in schedule 2 in the Annex on Chemicals to the said Convention. It provides that no person shall, three years after 29 April 1997, transfer to or receive from any person, who is not citizen of a State Party, any Toxic Chemical or Precursor listed in Schedule 2 in the Annex on Chemicals.

It is proposed to amend the said section to provide that no person shall transfer to, or receive from, a State which is not Party to the Convention, any Toxic Chemical or Precursor listed in Schedule 2 in the Annex on Chemicals.

The provisions of the aforesaid Act, except sections 18 and 39, were brought into force on 1 July 2005.

Section 18 of the aforesaid Act relates to the provisions of registration of person engaged in the production, processing, acquisition, consumption, transfer, import, export or use of nay toxic Chemical or Precursor. The existing provisions of section 18 did not specify any threshold limit for registration of chemicals covered under the said convention. In order to bring the said section 18 of the Act in alignment with the said convention, it had been proposed to amend the said section, inter alia, to provide that: (a) The scope of sub-sections (1) and (2) shall be subject to such exemption and threshold as may be prescribed by the rules made by the Central Government; (b) The grant of a certification of the registration under the sub-section (4) of the said section shall be subject to such terms and condition as may be specified by rules made by the Central Government; and (c) Every person to whom the certificate of registration is granted shall furnish to the Central Government periodically or as and when required under sub-section (6) such information, declaration and return as may be prescribed by the rules made by the Central Government.

The Bill was passed by Rajya Sabha on 5 May, 2012 and Lok Sabha on 30 August, 2012. The Bill as passed by both Houses of Parliament was assented by the President of India on 11 September, 2012.

Accordingly the Chemical Weapons Convention Act, 2000 stood amended.

The Parliamentarian | 2012: Issue Four | 331

Parliamentary News.indd 331

17/01/2013 14:55:50

PARLIAMENTARY REPORT

change in the demographic profile of the country. Shri Lalu Prasad, MP, (RJD) observed the forces behind the incident should be exposed and strict action must be taken against

Shri Lalu Prasad, MP

those found guilty of perpetrating these clashes. Shri Anant Gangaram Geete, MP, (SS) said the incident in Assam related to the infiltration of Bangladeshis and the government should take it seriously and gear itself up to tackle the problem. He asked the government to make a strict and comprehensive law for repatriating illegal foreigners.

Shri Prabodh Panda, MP, (CPI) said the incidents in some parts of the Bodo Autonomous Region of Assam were not ethnic or communal conflicts. He said the issue related to the land disputes, identifying the intruders after 1971, and ensuring the democratic right of the local people.

Shri Joseph Toppo, MP, (AGP) regretted that the border

Shri Joseph Toppo, MP

INDIA with Bangladesh was still open as the border fencing work had not been completed even after so many years. He was afraid that if the influx of people from Bangladesh was not checked, the Bodo tribal people would become homeless. For Smt. Ranee Narah, MP, (INC) the incidents were a result of ethnic clashes which was the handiwork of some miscreants and not a clash between Indian and Bangladeshi nationals.

Shri E.T. Mohammed Basheer, MP, (AIML) said as the state government had miserably failed in controlling the situation, it was the duty of the central government to intervene in the matter and bring an end to the violence as the situation was moving from bad to worse.

Shri S.K. Bwiswmuthiary, MP, (BPF) asserted there was neither an ethnic conflict nor a communal clash; rather a blatant aggression, a barbaric

The riots that occured in Assam in July and August, fuelled lengthy debate in the Parliament of India.

Smt. Ranee Narah, MP

Shri Prabodh Panda, MP

attack on the indigenous, Indian Bodo tribal people by the illegal, hostile, Bangladeshi citizens. He requested the central government to take appropriate steps to help for creating the long awaited separate state of Bodoland so as to help and protect and for the overall development of the Bodo people and other peace-loving people in the region.

The Minister of Home Affairs, Shri Sushil Kumar Shinde, MP, said the House should send a clear signal that people

belonging to different religions and communities should live peacefully. Giving details of unfortunate incidents of violence which took place in Kokrajhar, Chirang, Dhubri and Bongaigaon districts in Assam from 6 July

Shri Sushil Kumar Shinde, MP

2012, the Minister said as per the report received from the

Assam government, there was simmering tension between Bodo and non-Bodo communities of Bodoland Territorial Area District (BTAD) on various socio-political issues. The state government had set up hundreds of relief camps for the affected families.

A comprehensive security plan had been chalked out to provide foolproof security to the affected population. All necessary measures had been taken for the maintenance of law and order, relief operations; and other related issues. By 6 August 2012, over 115,000 persons had returned to their villages. The central government was providing all possible assistance to the government of Assam to control the violence and rehabilitation of affected families, said the Minister.

Replying to the debate, Shri Advani said the number of Bangladeshi infiltrators in the country was around 12 million which clearly showed the failure of the government.

There was endless infiltration of Bangladeshis in the North East, causing apprehension in the minds of the people that a time might come when they would lose their land to the infiltrators and the aboriginals would be reduced to a minority.

At the end of a lengthy debate the motion was rejected.

332 | The Parliamentarian | 2012: Issue Four

Parliamentary News.indd 332

17/01/2013 14:56:01

A CPA publication

Available to Members and Officials of the CPA for purchase from the CPA Secretariat, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, U.K. Tel.: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 E-mail: hq.sec@cpahq.org Also available to members of the public from booksellers.

The Budget Process.indd 333

17/01/2013 15:14:44

CPA CENTENNIAL GIFTS

CPA Centennial Globe: £30 each plus £7.50 postage and handling.

Total: £37.50

CPA Centennial Mirror: £12 each plus £7.50 postage and handling..

Total: £19.50

The CPA Centennial Post it Note Holder: £8 each plus £7.50 postage and handling: Total: £15.50

The CPA Centennial pin specially designed to mark the 100 years milestone: £5 each plus £2.50 postage and handling. Total: £7.50

The CPA Centennial globe and post-it holder in their boxes

CPA souvenirs are available for sale to Members and officials of Commonwealth Parliaments and Legislatures by contacting the CPA Secretariat by email at: hq.sec@cpahq.org or by air mail at: Suite 700, 7 Millbank, London SW1P 3JA, United Kingdom

CPA Centennial goods advert.indd 334

17/01/2013 15:15:29

CPA CENTENNIAL GIFTS

This superb limited-edition medal celebrating the centennial of the Commonwealth Parliamentary Association is now for sale on a ‘first come, first served’ basis.

Approximately 4.5 centimetres in diameter, the medal features a map of the world listing each of the nine Commonwealth regions on the obverse and, on the reverse, the ‘winds of change’ centennial logo.

Each medal is beautifully presented in an individual presentation box and comes complete with a numbered certificate of authenticity personally signed by the retiring Chairperson, YB Dato’ Seri Mohd. Shafie bin Hj Apdal, MP and the Secretary-General, Dr William F Shija.

Only 150 of these rare medals will ever be made and they are for sale at £40 plus £7.50 postage and handling (total £47.50). Please send your payment and delivery address to the Commonwealth Parliamentary Association, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, United Kingdom.

Queries regarding the medal can be emailed to hqsec@cpahq.org

CPA Centennial medal advert.indd 335

17/01/2013 15:43:27

Available to Members and Officials of the CPA for purchase from the CPA Secretariat, Suite 700, Westminster House, 7 Millbank, London SW1P 3JA, U.K. Tel.: (+44-20) 7799-1460 Fax: (+44-20) 7222-6073 E-mail: hq.sec@cpahq.org Also available to members of the public from booksellers.

Book ad - Parliamentary African Reform.indd 336

17/01/2013 15:17:04

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

Inside back cover.indd 37

17/01/2013 15:19:23

GOT YOUR COPY?

THE PARLIAMENTARIAN

To subscribe to The Parliamentarian, please email pirc@cpahq.org.

Members of Parliament: Please contact your Branch Secretary.

Outside back cover.indd 168

17/01/2013 15:17:42