Centre for Democratic Institutions the Role of Parliamentary Committees: Workshop for Members of the Autonomous Bougainville Go
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centre for democratic institutions The Role of Parliamentary Committees: Workshop for Members of the Autonomous Bougainville Government House of Representatives Thursday 28 June – Friday 29 June 2007 Buka, Autonomous Region of Bougainville The Centre for Democratic Institutions (CDI) conducted a workshop for Members and staff of the Autonomous Bougainville Government (ABG) House of Representatives in Buka on 28th and 29th June 2007. The workshop was held at the request of the Speaker of the House of Representatives, Hon. Nicholas Peniai. The aim of the workshop was to assist the House of Representatives (HoR) with ensuring that its parliamentary committees can perform their proper roles. Members gained a greater appreciation of the value of parliamentary committees: as a means of ‘taking Parliament to the people’, thus enabling them to be better informed about community views; of providing a bridge between their constituents’ concerns and the broader community interest; of promoting public debate; and of scrutinising the Executive and contributing towards better government through a more informed administration and policy making process. Workshop Participants Mr Peter Loney, former Chairman, Public Accounts Committee, Legislative Assembly of Victoria, was the convenor for the workshop. The other facilitators and presenters were: • Mr Tim Barnett - MP for Christchurch Central and Chief Government Whip, Parliament of New Zealand; • Mrs Taeasi Sanga - Clerk of the National Parliament of Solomon Islands; • Mr Warren Cahill - Project Manager, Parliamentary Strengthening Project, National Parliament of Solomon Islands; • Mr Quinton Clements – Deputy Director, CDI; • Mr Luke Hambly - Executive Officer, CDI Mr Lawrence Daveona, Director of the Committees Secretariat of the National Parliament of Papua New Guinea also attended and greatly assisted in the facilitation of the workshop. 38 participants were present for the first day of the workshop including 28 members of the House of Representatives, the President of the Autonomous Bougainville Region, 1 Hon. Joseph Kabui, the Speaker, the Clerk Mr Robert Tapi, House of Representatives staff and several ABG agency heads. There were 37 participants on the second day including 27 Members plus the Speaker, the Clerk and staff. Radio Bougainville were also present to record proceedings and report on the workshop content and outcomes. Background Following eight years of armed conflict (from 1989 to 1997) and a lengthy negotiation process, a peace agreement was signed between the National Government of Papua New Guinea and the combined Bougainvillean factions on 30 August 2001. This enabled the creation of the Autonomous Region of Bougainville, the adoption of a constitution for Bougainville and the establishment of the Autonomous Bougainville Government (ABG). The Bougainville Constitution provides for a directly elected President who is head of the Bougainville Executive Council and for a legislature known as the House of Representatives in which the legislative power of the ABG is vested. The first presidential and parliamentary elections were held from May to June 2005 The House of Representatives has 33 directly elected Members each representing a single member constituency, three reserved seats for women and three for former combatants each representing a constituency in a separate region. The House therefore is comprised of 39 elected members, the Speaker and the President with a total membership of 41. The four Autonomous Region of Bougainville MPs from the National Parliament are allowed to participate in debate but not vote. The Speaker is appointed by the House from outside its membership and the President is a full member of the House – the Vice-President is appointed from amongst the elected MPs. CDI’s engagement with the ABG House of Representatives began in 2006 when two Members of the House, Hon. Robert Sawa and Hon. Laura Ampa, participated in the 8th Pacific Parliamentary Dialogue in Samoa.1 Both parliamentarians gave presentations on the Bougainvillean experience of building a new parliament. Hon. Robert Sawa gave an overview of the modern history of Bougainville, the creation of the Autonomous Bougainville Government and the first election for the House of Representatives in June 2005. Hon. Laura Ampa explained how the three allocated seats in the House for women worked and the positive reaction among voters to this innovative arrangement2 – the first of its kind in the Pacific Islands region. The workshop follows on from discussions between CDI Deputy Director, Mr Quinton Clements, and the Speaker, Hon. Nicholas Peniai, on areas for cooperation between CDI and the ABG House of Representatives held in March 2007 in Buka. At the request 1 See separate report at http://www.cdi.anu.edu.au/asia_pacific_region/2006- 07/2006_12_AP_PRO_8thPacPD_Samoa.htm 2 Note that the Commonwealth-Pacific Islands Forum Expert Team observing the 2005 election made the following point: ‘… while 25 women contested the three allocated seats, we understood that no women contested constituency seats, for which they were also entitled to stand. Some people we spoke to suggested that allocating three seats specifically for women may have had an unintended effect of marginalising them within the process. We were of the view that women should be encouraged in future to contest general constituency seats. (General Election for the Autonomous Bougainville Government, May-June 2005, Report of the Commonwealth-Pacific Islands Forum Expert Team, p.14)’ 2 of the Speaker, CDI agreed to sponsor two officers of the ABG House of Representatives on attachments to an Australian parliament.3 CDI also agreed to organise and facilitate a training workshop on effective parliamentary committees for Members in Buka in June 2007. At a meeting of all Members of the House of Representatives in March organised and chaired by the Speaker, Mr Clements briefed Members on the role of CDI, its parliamentary strengthening work, and ways in which CDI could assist the ABG House of Representatives. A motion was subsequently passed in the House of Representatives acknowledging the work of CDI and extending the gratitude of the House to CDI for its assistance. The Workshop The workshop commenced on Thursday 28th June with a formal welcome by the traditional Chief of the Buka area, Hon. Hilary Laris, who began by invocating the ancestral spirits. Chief Laris recited the invocation in the Buka language, which he subsequently translated as follows, I called upon the presence and guidance of my ancestral spirits from this land, from up the mountains and from beneath the sea at this workshop. To guide each and every one of us especially our foreign visitors who have come to assist us. That the success of this workshop will depend on their spirits being present in this room and finally thanked them for their being with us all. All present then stood for the singing of the Bougainville Anthem and the reciting of the prayer. The Speaker officially opened the workshop. Mr Clements then spoke about the role of CDI, introduced the members of the team and outlined the program. The Clerk of the House of Representatives, Mr Robert Tapi, then provided an overview of the committees of the House, their structure, functions and resources (see Attachment A). The Clerk pointed out that the Bougainville Constitution provides for the establishment of a Public Accounts Committee, a regional committee for each of the three regions of Bougainville – North, Central and South - and other committees as determined by the House. Of the latter, five sectoral and advisory committees plus a Select Committee on the Standing Orders have been established (see Attachment A). Mr Peter Loney began the workshop proper by providing a presentation on the history and structure of the Westminster parliamentary model. He outlined the key principles underpinning the Westminster model – the separation of powers, ministerial responsibility, scrutiny of the executive and participatory democracy. Mr Loney and Mr Barnett outlined the importance of a good relationship between parliamentarians and their constituencies and how this can be enhanced through effective parliamentary committees. The Members were then asked to discuss their experiences and ideas on how they relate to their constituents, and indeed to think of a broader definition of ‘constituents’ - particularly in relation to their committee work - that 3 See separate report at http://www.cdi.anu.edu.au/asia_pacific_region/2006- 07/2007_05_BGV_PRO_Hansard_Attach_CBR.htm 3 goes beyond electoral and geographic boundaries and concerns, and hence includes groups like ‘women’, ‘men’, ‘youth’, ‘ex-combatants’, ‘disabled’ etc. Mr Tim Barnett then introduced a further presentation with the question ‘how could Bougainville’s Sectoral and Advisory Committees be the best parliamentary committees in the Pacific?’ He began by outlining the things that the ABG House of Representatives needs to deliver and described the role Bougainvillean MPs play in that process and the challenges they will face in trying to do so. He outlined several key points about the parliamentary committee system in New Zealand. Mr Barnett explained how the Bougainville committees can be informed and productive, be heard and seen, give the public the confidence to have their say, debate well and reach consensus and be high- profile and integrated with the House. In the general discussion that followed, participants shared some of the following ideas on the