TheParliamentarian
Journal of the Parliaments of the Commonwealth 2016 | Volume 97 | Issue One | Price £14 Climate Change and the Commonwealth
What will be the impact of COP21 for the Commonwealth?
PLUS Interview: President of Establishment of the Commonwealth Youth The fight against the Assembly of States Commonwealth Parliament: Northern corruption: the role Parties of the International Small States Centre Territory Style for Parliament Criminal Court of Excellence PAGE 14 PAGE 36 PAGE 52 PAGE 60 INTERNATIONAL PROFESSIONAL DEVELOPMENT PROGRAM FOR PARLIAMENTARY STAFF Developed by the World Bank in partnership with McGill University, this program prepares effective parliamentary personnel to lead sustainable government institutions.
The program combines an intensive one-week residency in Montreal, Canada, with the following online courses: • Public Financial Management • Parliamentary Research and IT • Corporate Management of Parliament – Part 1 • Parliamentary Committees • Corporate Management of Parliament – Part 2
WHO SHOULD ATTEND The Program is designed for mid-level parliamentary staff with the potential to reach the highest levels of parliamentary management.
2016 - 2017 Residency Seminar: May 16 - 20, 2016 McGill University, Montreal 5 Online Courses: September 2016 - June 2017 Start with Residency Seminar or with Online Courses
REGISTRATION INQUIRIES: Telephone: 514-398-5454 | E-mail: [email protected] PROGRAM INQUIRIES: Dr. Frederick (Rick) Stapenhurst: [email protected] | Ms. Vienna Pozer: [email protected] LEARN MORE AND REGISTER AT: WWW.MCGILL.CA/SCS-PARLIAMENT
Statement of Purpose The Commonwealth Parliamentary Association (CPA) exists to connect, develop, promote and support Parliamentarians and their staff to identify benchmarks of INTERNATIONAL PROFESSIONAL DEVELOPMENT good governance, and implement the enduring values of the Commonwealth. PROGRAM FOR Calendar of Forthcoming Events Confirmed at 14 March 2016 PARLIAMENTARY 2016 STAFF March 14 March Commonwealth Day 2016 – All CPA Branches and CPA Secretariat Developed by the World Bank in partnership with McGill University, this program prepares effective parliamentary personnel to lead sustainable government institutions. 30 March to 1 April Post-Election Seminar - Georgetown, Guyana
The program combines an intensive one-week residency in Montreal, Canada, with the following April online courses: 27 to 30 April Mid-year CPA Executive Committee Meeting - London, UK • Public Financial Management • Parliamentary Research and IT May • Corporate Management of Parliament – Part 1 • Parliamentary Committees • Corporate Management of Parliament – Part 2 16 to 18 May 45th CPA British Islands and Mediterranean Regional Conference – Jersey
WHO SHOULD ATTEND 16 to 20 May Professional Development Programme for Parliamentary Staff with McGill University - Montreal, Canada The Program is designed for mid-level parliamentary staff with the potential to reach the highest levels of parliamentary management. 29 May to 3 June 13th CPA Canada Parliamentary Seminar – Ottawa, Canada
June 2016 - 2017 th Residency Seminar: May 16 - 20, 2016 5 to 11 June 27 CPA Commonwealth Parliamentary Seminar – Brisbane, Queensland, Australia McGill University, Montreal July 5 Online Courses: September 2016 - June 2017 22 to 30 July 41st CPA Caribbean, Americas and the Atlantic Regional Conference - Start with Residency Seminar or with Online Courses Nassau, The Bahamas
September
1 to 10 September 62nd Commonwealth Parliamentary Conference - Dhaka, Bangladesh
November
6 to10 November 8th Commonwealth Youth Parliament - British Columbia, Canada
The publication of a Calendar of Commonwealth Parliamentary Association (CPA) events is a service intended to foster the exchange of events and activities between Regions and Branches and the encouragement of new ideas and participation. Further information may be obtained from the Branches concerned or the CPA Secretariat. Branch Secretaries are requested to send notice of events and conferences to [email protected] in advance of the publication deadline to ensure the Calendar is accurate.
REGISTRATION INQUIRIES: Telephone: 514-398-5454 | E-mail: [email protected] Further information can also be found at www.cpahq.org or by emailing [email protected]. PROGRAM INQUIRIES: Dr. Frederick (Rick) Stapenhurst: [email protected] | Ms. Vienna Pozer: [email protected] LEARN MORE AND REGISTER AT: WWW.MCGILL.CA/SCS-PARLIAMENT CONTENTS: THE PARLIAMENTARIAN 2016: ISSUE ONE
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The Parliamentarian: VIEWS, FEATURE Journal of the Parliaments of the Commonwealth COMMENT ARTicles Vol.ume 97 & NEWS 2016: Issue One The Parliamentarian ISSN 0031-2282 Editor’s Note The Parliamentarian Climate Change and Issued and published by Page 4 Interview Parliamentarians the Secretariat of the Mr. Sidiki Kaba, President of the A view from an expert in the Commonwealth Parliamentary View from the CPA Assembly of States Parties of field Association (CPA), Suite 700, the International Criminal Court Page 34 Westminster House, Chairperson Page 14 7 Millbank, London Speech at South Asian SW1P 3JA, United Kingdom Speakers’ Summit on Establishment of the Tel: (+44-20) 7799-1460 Achieving Sustainable Role of Legislators in Commonwealth Small Fax: (+44-20) 7222-6073 Development Goals (SDGs) Climate Change States Centre of Email: [email protected] Page 6 The case of South Africa www.cpahq.org Page 16 Excellence View from the CWP A focus on small states at CHOGM Page 36 Editorial Board: Chairperson Climate Change Mr Akbar Khan Parliamentarians vis-à-vis the A Perspective from India Secretary-General challenge of climate change Page 20 A Significant Landmark Page 8 on the Path to Mr Joe Omorodion Women’s Equality Director of Finance and Climate Change in View from the 7th CPA Small Branches Report from the Commonwealth Administration Women’s Forum Secretary-General Seychelles taking the lead in the Page 40 Ms Meenakshi Dhar Effecting Change fight against climate change Director of Programmes Page 10 Page 24 The role of Political Mr Jeffrey Hyland The Commonwealth Climate Change Parties in promoting Editor, The Parliamentarian Parliamentary Implications Women’s representation [email protected] Association (CPA) A View from Balochistan Report from the Commonwealth Page 28 Women’s Forum Images: CPA/Shutterstock. Photo Gallery Page 44 Additional CHOGM images Pages 11-13 credit: Commonwealth Secretariat. Front cover image: Shutterstock ref: 308621591.
2 | The Parliamentarian | 2016 Issue One CONTENTS
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PARLIAMENTARY Annual subscription REPORT (four issues) UK: £44 inc. postage. Worldwide: £46 surface post £52 airmail
Creating a More Co-operation between Parliamentary Price per issue Prosperous small jurisdictions Report UK: £14 Commonwealth The experience of the Isle of Man Featuring parliamentary Worldwide: £15 surface post Page 56 reports and third readings £16 airmail in Business from Canada, New Zealand, Report from the Commonwealth Australia and India Disclaimer Business Forum The fight against Pages 69-87 Opinions and comments Page 46 corruption: the role expressed in articles and for Parliament reviews published in The Engaging with A view from New Zealand Parliamentarian are those of civil society in the Page 60 Commonwealth the individual contributors and Parliamentary should not be attributed to the Commonwealth Training of Election Secretariat of the Association. Report from the Commonwealth Association (CPA) People’s Forum Officials Organisational Contributors Australia’s lead in the training of Page 48 Thank you to all contributors Election Officials Structure for this issue. Page 64 CPA Executive Committee Youth-led responses and Commonwealth to national and global Women Parliamentarians Printed in: United Kingdom by Commonwealth Warners Midlands, PLC; challenges (CWP) Steering Committee Initiative on Freedom Members, Regional New Delhi, India by Jainco Art Report from the Commonwealth India, and Singapore by Times Youth Forum of Religion or Belief Secretaries and the CPA Secretariat Printers Private Limited. Page 50 Reaching out at CHOGM 2015 Page 66 Page 88 Commonwealth Youth Parliament: Northern Commonwealth Territory Style Women Report from 7th Commonwealth Parliamentarians Youth Parliament (CWP) Page 52 News and Regional Strengthening Activities Page 68
The Parliamentarian | 2016: Issue One | 3 editor’s note
Climate Change and CHOGM Outcomes
The Editor’s Note
The impact of climate change on the Kadaga MP (Uganda) looks at the impact of Commonwealth is hard to ignore. As the climate change on women. Commonwealth Leaders’ Statement on Climate The establishment of the Commonwealth Small Action issued at the Commonwealth Heads States Centre of Excellence was a key outcome of Government Meeting (CHOGM) in Malta in of the Commonwealth Heads of Government November 2015 stated, the Commonwealth Meeting (CHOGM) in Malta, which preceded the is “deeply concerned about the threat posed by COP21 conference, and complements the work climate change, which continues to grow and to of the Commonwealth Parliamentary Association put at risk the economic, social, environmental, in representing Small Branches. Dr George Vella, and cultural well-being of our member states and Minister for Foreign Affairs (Malta) examines the citizens. Many of our most vulnerable states and Jeffrey Hyland, Editor role that the new Centre will play. communities are already facing the adverse impacts The Parliamentarian, The Commonwealth Heads of Government of climate change, which can roll back decades Commonwealth Meeting (CHOGM) in Malta was unique in that of development gains; for some it represents Parliamentary Association there were, for the first time, four different an existential threat. Some are already suffering Commonwealth Forums alongside the main significant loss and damage associated with the CHOGM events. adverse effects of climate change. The consequences of climate For the first time, the Commonwealth Women’s Forum brought change can be a national catastrophe, requiring urgent responses and together a wide range of stakeholders to discuss gender and equality adequate support.” in the Commonwealth. One of the speakers at the newly established This issue of The Parliamentarian examines the impact of climate Women’s Forum, Professor Margaret Wilson (New Zealand) is change on the Commonwealth and the role that Parliamentarians can a former Speaker of Parliament and her article sees the event as play in this highly complex issue. a significant landmark on the path to women’s equality. A fellow Hon. Cedric Thomas Frolick MP (South Africa) outlines the role speaker at the event, Hon. Fiona Mactaggart MP (UK) outlines the of Legislators in climate change using the case of South Africa and role of political parties in promoting women’s representation. his experience as President of GLOBE International. The Commonwealth Business Forum saw business leaders Shri Kirti Yardhan Singh (India) gives a perspective from one of come together with Commonwealth Leaders to look at the role that the largest members of the Commonwealth, India, on the impact of business can play in securing a better future for the world’s citizens. climate change. Lord Jonathan Marland (UK) is the Chairman of the Commonwealth The effect of climate change on Small Branches of the CPA is Enterprise and Investment Council and reports on the outcomes of examined by Hon. Dr Patrick Herminie (Seychelles). the Commonwealth Business Forum. The newly elected Speaker of the Provincial Assembly, Ms. Rahila Engaging with civil society in the Commonwealth and ensuring Hameed Khan Durrani MPA (Balochistan, Pakistan) profiles her that youth voices are heard were also key emphases for the CHOGM region of the country that has been severely impacted by climate events. Vijay Krishnarayan (Commonwealth Foundation) reports change and looks at the impact of initiatives to help local people. on the Commonwealth People’s Forum and Katherine Ellis Following the COP21 Climate Conference in Paris, Robert (Commonwealth Secretariat) reports on the Commonwealth Youth Ondhowe (UNEP) looks at its outcomes and the role of Forum which both had positive outcomes for participants. Parliamentarians in climate change and the Chairperson of the Youth engagement is a vital focus of the Commonwealth Commonwealth Women Parliamentarians, Rt Hon. Rebecca Parliamentary Association (CPA) and the Commonwealth Youth
4 | The Parliamentarian | 2016: Issue One Editor’s Note
Her Majesty The Queen, Head of the Commonwealth and Patron of the Commonwealth Parliamentary Association (CPA) arrives for the opening ceremony of the Commonwealth Heads of Government Meeting (CHOGM) in Malta accompanied by the Prime Minister of Malta, Dr. Joseph Muscat, November 2015.
Parliament is one of our most successful programmes. Hon. Kezia an interview with Mr. Sidiki Kaba, President of the Assembly Purick MLA (Northern Territory, Australia) shares the experience of of States Parties of the International Criminal Court and the hosting the 7th Commonwealth Youth Parliament: Northern Territory Minister of Justice from Senegal who kindly gave us an interview Style at the Legislative Assembly in Darwin. during his visit to the CPA Secretariat in London. Following the successful CPA Small Branches Committee The Chairperson of the CPA Executive Committee, Hon. Dr Workshop held in Douglas, Isle of Man last year, Hon. Clare Shirin Sharmin Chaudhury MP (Bangladesh) shares her speech Christian MLC (Isle of Man) looks at the co-operation between small at the South Asian Speakers’ Summit on ‘Achieving Sustainable jurisdictions and the experience of the Isle of Man, as one of the Development Goals (SDGs)’ which demonstrates the co-operation smaller members of the CPA. taking place between Commonwealth and non-Commonwealth The fight against corruption and the role for Parliament is of countries in addressing global issues. paramount importance and occupies the attention of Commonwealth The Parliamentarian welcomes the new Secretary-General of the Parliamentarians across our membership. Paul Foster-Bell MP Commonwealth Parliamentary Association (CPA), Mr Akbar Khan, (New Zealand) looks at the New Zealand experience and the who shares his first article for this publication. challenges that the New Zealand Parliament has faced. The Parliamentary Report in this issue includes parliamentary The maintaining of ‘free and fair elections’ is linked to keeping and legislative news from Canada (Federal, British Columbia and politics ‘corruption-free’ and former Parliamentarian, Hon. Alexander Québec), India, New Zealand and Australia. Downer, AC (Australia) writes about Australia’s leading role in the Please do let us know how you are marking Commonwealth Day training of election officials through the Commonwealth Electoral 2016 on 14 March and we look forward to hearing your feedback Network (CEN). and comments on this issue of The Parliamentarian. Baroness Elizabeth Berridge (UK) writes about the new Commonwealth Initiative for Freedom of Religion or Belief and its Jeffrey Hyland work in promoting a dialogue across the Commonwealth. Editor, The Parliamentarian In a new feature for this issue of The Parliamentarian, we publish [email protected]
The Parliamentarian | 2016: Issue One | 5 view from the CPA chairPERSON
How to achieve the SDGs View from the Chairperson of the CPA Executive Committee
Speech at South Asian Speakers’ Summit implementation or bottom-up perspective? Can there be on Achieving Sustainable Development any single blue print or should it be on a contextual basis? Goals (SDGs) It must be borne in mind that neither governments The South Asian Speakers’ Summit convened in nor Parliaments operate in a vacuum. They reflect the Dhaka, Bangladesh1, and ended with the adoption exigencies of their time and place, conflicting interests of the Dhaka Declaration on Achieving SDGs in and power bases.3 They uphold the core values inherent South Asia,2 ushering in a great deal of optimism. in the interdependence of economic and social systems. The South Asian Speakers’ Summit was a high Even within South Asia, while we are to work with level event demonstrating a staunch commitment collective and shared commitment, socio-economic of Speakers’ to ensure their role as leaders of South and political situations vary and ecological challenges Asian Parliaments in achieving the Sustainable differ. It is important for us to find the commonalities Development Goals (SDGs). It resonates the Hon. Dr Shirin Sharmin that exist and also find ways to work through the commitment made by the world leaders at the SDG Chaudhury, MP, Chairperson differences. Each nation has to work out its own policies, Summit, UNGA70, UN Summit in September 2015 of the CPA Executive plans and measures and their implications for itself. in New York, USA. 193 Member-States of the Committee and Speaker of They need to ascertain what their priorities are and at UN General Assembly made a pronouncement to the Bangladesh Parliament. the same time come together to work for the common implement the Sustainable Development Goals in good of the people of South Asia. This is a task that their own countries, as well as at the regional and global level. Parliamentarians and government can join hands in dispensing. It is against this backdrop that the South Asian Speakers from Parliamentarians have to be vigilant and play a proactive role in Afghanistan, Bangladesh, Bhutan, India, Maldives and Sri Lanka met monitoring and ensuring that governments properly dispense their key in Dhaka, Bangladesh with their delegations to discuss their roles in strategic and managerial functions. What would be the level or degree of taking forward the global agenda of implementing the SDGs. This state intervention in regulating and correcting market failures? How best Summit also focused on the impact of tobacco on health and non- are policies being formulated to address this function is something that communicable disease. Parliaments are the premier representative can be examined by Parliaments? How can we overcome the systematic institutions in democracy. Speakers are steering the work of barriers to achieving sustainable development? This is where I feel Parliaments. It was therefore felt essential to identify the role of goal 16 of democratic governance comes into play. Further resource Parliamentarians in materializing this vision. constraints, breeding inequalities etc. also become relevant. • What is it that Parliamentarians tend to do? Parliamentarians can engage in the process of developing a range • What new or innovative approach can they adopt? of instruments to rectify market failures by working on imposition • What is different that Parliaments want to offer? of appropriate laws and regulations, levies and subsidies, use of These are some of the basic questions that I posed for myself as economic and fiscal instruments, setting environmental benchmarks Speaker of Bangladesh and also for my colleagues, the Speakers for achieving SDGs. Setting the stage is imperative. Successful of South Asia. I very humbly shared some thoughts which would be implementation of laws, policies and strategies aimed at a shift to the relevant for this Summit and could also be discussed as we go along path of sustainable development requires institutional innovation and in defining our roles in achieving the SDGs. reform, resource mobilization and priority setting. Coordination and First of all it is important to have a thorough understanding of parliaments can be a stimulus and catalyst in this arena. what we mean by sustainable development. SDGs are a set of Let me now turn to some fundamental tenets to provide food for goals and targets constituting a framework of transformative global thought. Sustainable Development is understood as a social and political development pathway. It contains 17 goals with 169 targets. SDGs construct embracing environmental and ecological sustainability. We address the economic, social and environmental dimensions of accept the proposition that a call for zero growth strategies and the sustainable development in an integrated way. limits to growth argument has been displaced. Instead environmental It is therefore necessary to analyse the different aspects of the protection and continuing economic growth must be seen as mutually concept of sustainable development including the political aspect in the compatible and not mutually exclusive or conflicting. South Asian context. Inequalities in global resources is a crucial factor This poses a major challenge for us. While ecological sustainability that needs to be taken into account. is inbuilt within sustainable development, it covers a wider range of It is essential to consider the role of governments vis-a-vis components like health, education, social welfare, as it aims to bring parliaments, both at national and sub-national level in making the about social change. Parliamentarians therefore need to find innovative SDGs meaningful and beneficial for people and to effectuate ways to identify the necessary changes in democratic governance to significant positive differences in their lives in a fundamental way, strike a balance between economic growth and ecological degradation. which is at the core of parliamentary democracy. Can we find a solution to bridge the gap and unbridgeable divide Parliamentarians need to think what would be the most effective between the two approaches of anthropocentric and bio centric of mode. Will it be top down approach in terms of policy adoption and politics? Can we resolve this `political fudge’ that critics often say is
6 | The Parliamentarian | 2016: Issue One VIEW FROM THE CPA CHAIRPERSON
posed by sustainable development? Let’s ask ourselves, can we do it? The Dhaka Declaration created a South Asian Speakers Forum, a unique platform to set a roadmap for the region to take the agenda of the SDGs forward. It is therefore an opportune time to shed light on the critical challenges that need to be addressed in achieving the goals. It gives an opportunity to reflect on all the agendas that Parliamentarians want to set for themselves. Parliaments comprising of peoples’ representatives have a major role to play in materializing the pledges set out in the Dhaka Declaration: “Parliaments should advocate for national sustainable development plans and strategies that reflect national needs and inspire action at the local level where it matters most. Through their core functions of law making, representation, appropriation of resources through budgets and oversight, parliaments have a crucial role to play in turning the SDGs into reality. Parliaments should ensure that legislation and policy supports the implementation of national sustainable Above: Speakers attending the South Asian Speakers’ development strategies. Each parliament may devise a methodology Summit on Achieving Sustainable Development Goals held as appropriate to make it compatible with sustainable development. in Dhaka, Bangladesh (from left to right) HE Mr Abdul Raouf Legislation should also reflect the fact that the SDGs are interlinked and Ibrahimi (Speaker of National Assembly of Afghanistan); HE not independent of each other.” Sumathipala Udu Watuwage Janath Priya Thilanga (Deputy It is a time of transition. Initiatives are underway to effectuate a Speaker of Parliament of Sri Lanka); Hon. Dr Shirin Sharmin paradigm shift in the global development agenda. We believe in ensuring Chaudhury MP (Speaker of Bangladesh Parliament and development that meets the needs of the present without compromising Chairperson of the CPA); HE Smt. Sumitra Mahajan (Speaker the ability of future generations to meet their own needs. We all stand of Lok Sabha, India); HE Mr Abdullah Maseeh Mohammad resolute to commit ourselves in continuing to build “The Future We Want.”5 MP (Speaker of the People’s Majlis of Maldives); HE Mr Jigme Speakers’ strongly feel that in upholding this commitment the Zangpo (Speaker of National Assembly of Bhutan). Parliaments of the South Asian Regions need to come together, pool their resources, draw upon their strengths and cooperate among regional cooperation can play an important supportive role in the achievement themselves to meet the common challenges of poverty eradication, of the SDGs in South Asia, through the sharing of best practices, building adverse effects of climate change, attaining gender equality, productive capacities through regional value chains supported by regional removing disparities and inequalities, ensuring food security, nutrition, connectivity, pipelines and energy grids, and the pooling of resources.” health and education opportunities for all. We need to be mindful that this Dhaka Declaration is not mere In order to reach the goals it is necessary to focus on the inner theme ‘political rhetoric’ but a substantive instrument not only chartering the of the SDGs. “The SDGs aim to create universal action oriented goals that way forward but also to translate our commitments into action. articulate the need and opportunity for the global community and actors to I would like to conclude by emphasizing that in all our endeavors to come together to create a sustainable future in an interconnected world.”6 achieve the SDGs by 2030, critical is the ‘political will’. Parliaments of At the heart of this South Asian Regional Cooperation, the driving South Asia demonstrating and pledging a strong political will to bring force is the staunch conviction to improve the lives of the people and about desired change will succeed in achieving the vision of the SDGs. bring about significant positive changes in a fundamental way, to Let me end with a quote from Eleanor Roosevelt.- “The future ensure every individual has a life with dignity. belongs to those who believe in the beauty of their dreams” The concerns relating to resource constraints were pertinent. How Parliamentarians can find innovative solutions in mobilizing required References resources was emphasized. How systematic barriers to achieving 1 The South Asian Speakers’ Summit took place in Dhaka, Bangladesh on SDGs can be overcome was also a key issue. It was emphasized that 30-31 January 2016 organized by the Inter Parliamentary Union (IPU), Bangladesh Parliamentarians need to identify the modes to bring about the necessary Parliament and Campaign for Tobacco Free Kids. changes in democratic government and also what would be the best way 2 The Dhaka Declaration on Achieving Sustainable Development Goals, adopted to strike a balance between economic growth and ecological conservation. on 31 January 2016 in Dhaka, Bangladesh in South Asian Speakers’ Summit. Evaluating the successes and lacking of Millennium Development Goals 3 Governance for Sustainable Development, The Challenge of Adapting was identified as an important component. Form to Function: Ed. by William M. Lafferty, Edward Elgar, Cheltenham, UK. I congratulate the adoption of the Dhaka Declaration on Achieving Northampton, MA, USA. 2004 - Introduction: form and function in governance SDGs in South Asia and believe that this Declaration will pave the way for sustainable development: William M. Lafferty. forward for the South Asian Parliaments to effectively engage and 4 The Politics of Sustainable Development, Dick Richardson in the Politics work together to meet the targets of the SDGs in the South Asian of Sustainable Development: Theory, Policy and Practice within the European Region. The Dhaka Declaration marks the beginning of fruitful regional Union, Edited by Susan Baker, Marin Kousis, Dick Richardson and Stephen cooperation and partnership between the South Asian Parliaments. Young, Routledge, London and New York, 2005. “We pledge to promote and advocate for strong regional inter- 5 The Rio + 20 Outcome Document. parliamentary cooperation on the SDGs, as well as for the promotion and 6 Sen 1996, Koehler etal 2012; Bern Stein etal 2014. development of joint initiatives between parliaments. We recognize that
The Parliamentarian | 2016: Issue One | 7 VIEW FROM THE COMMONWEALTH WOMEN PARLIAMENTARIANS (CWP) CHAIRPERSON Parliamentarians vis-à-vis the challenge of climate change View from the Commonwealth Women Parliamentarians (CWP) Chairperson
Dear readers of The Parliamentarian, from the analysis of long-term climate records of an I warmly welcome you to the first issue of increase in the frequency and duration of extreme our journal for 2016. Indeed it is a massive temperature events all over Bangladesh, particularly opportunity and pleasure for us to continue during the summer. The summer season has been to share experiences and the way forward in prolonged while the winters have become short in collectively solving the global challenges in our Bangladesh. midst through this publication. There is growing evidence indicating that climate I bring you greetings from Uganda, from change is threatening the world’s environmental, the people of Uganda, from my Parliament but social and economic development. Climate change is most of all, I bring you warm greetings from already beginning to transform life on Earth. Around the fraternity of the Commonwealth Women the globe, seasons are shifting, temperatures are Parliamentarians. One of the main themes of Rt Hon. Rebecca Kadaga, MP climbing and sea levels are rising. And meanwhile, our this issue is climate change and it surely raised Chairperson of the planet must still supply us – and all living things – with my attention given its increasing impact and Commonwealth Women air, water, food and safe places to live. prominence in contemporary times. Parliamentarians and Speaker One of the most serious impacts of climate of the Parliament of Uganda change is how it will affect water resources around Situation analysis the world. Water is intimately tied to other resources Currently climate change is a controversial topic, and social issues such as food supply, health, with a lot of debate on whether it is truly happening. Climate change industry, transportation and ecosystem integrity. Climate change is one of the harshest realities and challenges we face today and also threatens the health of our children and grandchildren through from the perspective of women, it is even worse given that women increased disease, freshwater shortages, worsened smog and many suffer most from the adverse impact of climate change; this I will other issues. These impacts also pose incalculable future economic elucidate later in my article. risks that far outweigh the economic risk of taking action today. Of For those who still have any of the slightest doubt about the course, the consequences of climate change are many and vary reality of climate change and its impact, I want to share with you the in different ecosystems and these include the threats of imminent experience of farmers from my country, Uganda. While farmers in increased risk of drought, fire and floods, more heat-related illnesses Uganda cannot provide sufficient evidence to decide the matter, they and disease, economic losses, stronger storms and increased storm agree that the weather patterns have changed tremendously. The damage, rising seas and changing landscapes. If we don’t act now, rainy seasons and the planting seasons have become unpredictable. climate change will rapidly alter the lands and waters we all depend This has resulted in a substantial reduction in the productivity of upon for survival, leaving our children and grandchildren with a very Uganda’s agriculture, which is 97% rain-fed. Other evidence for the different world. change in weather patterns is the loss of crop bio-diversity. Some sweet potato varieties that have been grown for decades in various The impact of climate change on women regions are now lost, due to the extreme weather. I feel it is important to touch on the plight of women in regard to the The other example that I gathered was through my experience in impacts of climate change because of their peculiar vulnerability Bangladesh during the 10th Women’s Affairs Ministers Meeting in to these impacts. Many women around the world must adapt their Dhaka in June 2013. I noticed that the Heat Index has remarkably lives to a changing climate. Increases in extreme weather conditions increased in Bangladesh because of climate change. Heat Index - droughts, storms and floods for example - are already altering describes the combined effect of temperature and humidity on the economies, economic development and patterns of human migration, human body. This combined effect is causing a serious threat to the and are likely to be among the biggest global health threats this health of the people because of the changing climate. century. Everyone will be affected by these changes, but not equally. With climate change and climate variability, the result is that the Studies have shown that women disproportionately suffer the occurrence of heat waves is likely to increase. Evidence is emerging impacts of disasters, severe weather events, and climate change
8 | The Parliamentarian | 2016: Issue One VIEW FROM THE COMMONWEALTH WOMEN PARLIAMENTARIANS (CWP) CHAIRPERSON
because of cultural norms and the inequitable distribution of roles, Above: Sudanese refugee women prepare to fill their resources and power, especially in developing countries. containers with precious water at a camp in eastern Chad. Women make up the majority of the world’s poor and are more Source: UNHCR image dependent than men on natural resources for their livelihoods and survival. Women tend to have lower incomes and are more likely to be though not supplanting the UNFCCC (United Nations Framework economically dependent than men. When drought or unseasonable Convention on Climate Change) process, lets countries forge ahead rain, for example, threatens agricultural production, men can use their with distinctive national actions that run alongside the international savings and economic independence to invest in alternative income collective action. sources or otherwise adapt. In times of food scarcity and drought, In tackling the challenge of climate change, we as women will often give priority to their husbands - his nutritional needs Parliamentarians must collectively resolve to: will be met before hers, and possibly those of their children. • Strengthen our roles as Parliamentarians and build our Women are also more vulnerable because they have less access capacity around climate change challenges in order to to education and information that would allow them to manage improve legislative oversight. climate-related risks to agriculture and livestock. In India, many • Improve oversight of the Executive, strengthening national women have considerably less access than men to critical information implementation and ensuring a more transparent and on weather alerts and cropping patterns, affecting their capacity to cohesive decision making process at the national level. respond effectively to climate variability. It is the women who have to • Strengthen stakeholder engagement across Parliament walk long distances to fetch water in situations where climate change and bridge the gap between in-country experts and national has affected the ecosystem. decision makers. • Develop sustainable capacity-building programmes that span The Role of Parliament in tackling Climate Change parliamentary cycles and make climate change a mainstream This brings me to what we need to do as Parliamentarians to combat parliamentary issue. climate change. Parliaments can engage in the climate change • Parliament should also design action plans for the agenda at national, regional and global levels. Members of Parliament implementation of international conventions. can help break the international stalemate on climate change action by ‘domesticating’ global decisions using national legislation. But to I would like to conclude by emphasizing that climate change is a do that they often need long-term capacity-building programmes unique issue since reform requires public acceptance and behavior to catalyze the process: programmes that have support within the change to succeed. Ultimately the power to mitigate and adapt to Government and across Parliaments. climate change lies with the public, but Parliamentarians play an As Parliamentarians, we are uniquely placed to respond to some of essential role in representing short and long-term interests, leading the global challenges by influencing our own national climate change the public in change, promoting green policies and holding the agenda. These can shape national climate policy and fill the important Executive accountable. gaps between the global, national and local levels. Such legislation, I wish our readers a Happy New Year 2016!
The Parliamentarian | 2016: Issue One | 9 VIEW FROM THE SECRETARY-GENERAL
Effecting change View from the 7th CPA Secretary-General
The start of 2016 marked the start of my tenure as translating the outcomes into a national framework the 7th Secretary-General of the Commonwealth for action. Parliamentary Association (CPA), a proud and Climate change is one of the leading issues distinguished organization now in its 105th year. I facing Commonwealth jurisdictions and the am humbled by this honour conferred by the 61st cooperation between the Parliaments of the General Assembly and commit myself to working Commonwealth will be a key factor in tackling this tirelessly across all nine regions of the organization global problem. For many climate change risks in an inclusive manner for the benefit of all our turning the clock back on years of progress; for membership. others it poses an existential threat. The irony of I echo and endorse the highly pertinent climate change is that the least responsible for comments of the Hon. Chairperson, Dr Shirin pollution often ends up being the first casualty of Sharmin Chaudhury MP, in stating that the ‘CPA is Mr Akbar Khan climate change as we have seen in The Maldives in a unique platform of Parliaments of Commonwealth Secretary-General of the Indian Ocean, amongst other small states in the countries with great potential to effectuate innovative the Commonwealth Commonwealth. changes in addressing the common concerns for Parliamentary Association The Commonwealth Leaders’ Statement on ensuring the welfare of its people.’ Climate Action stated that the Commonwealth’s 53 My first article forThe Parliamentarian coincides with member states “represent in our diverse national circumstances and the outcomes of two major conferences affecting both the common purpose one third of the world’s population spread across Commonwealth and the wider global community. all continents and oceans. Our countries include some of the largest, The Commonwealth Heads of Government Meeting (CHOGM) smallest, wealthiest, poorest and most vulnerable on the planet. We 2015, held in Malta in November 2015, brought together world represent more than one quarter of the Parties to the United Nations leaders from the Commonwealth and beyond in a shared purpose Framework Convention on Climate Change (UNFCCC). Over half of us under the theme, ‘The Commonwealth: Adding Global Value’. The are least-developed countries, Small Island Developing States or both.” Commonwealth Heads of Government reaffirmed their shared and The threat posed by climate change, which continues to grow enduring commitment on behalf of the people of the Commonwealth and to put at risk the economic, social, environmental, and cultural to the values and principles of the Commonwealth Charter. well-being of Commonwealth member states and citizens, puts our During a time of extraordinary global challenges and opportunities, most vulnerable states and communities at risk. The consequences the Heads of Government addressed issues as diverse as climate of climate change can be a national catastrophe, requiring urgent change, sustainable development, trade and investment, migration, responses and adequate support. and countering violent extremism and radicalisation. They also Parliamentarians have a key role to play in all of these areas deliberated on safeguarding the interests of Commonwealth small and the principles of the Commonwealth Charter are more relevant states and emphasised that the unique nature of the Commonwealth than ever. There will be the opportunity for Commonwealth adds value in responding to contemporary global challenges. The Parliamentarians to gather at the 62nd Commonwealth Parliamentary role of diverse groups across the Commonwealth was recognized by Conference in Dhaka, Bangladesh in September 2016 where many the different forums held alongside CHOGM 2015 – the People’s of these issues will be discussed. Forum, the Business Forum, the Youth Forum and for the first time, By working together and sharing good practice, Parliamentarians the Women’s Forum. can upskill themselves to affect real change that will have a long term Immediately following the CHOGM 2015 meeting was the 21st impact for generations to come. Linked to this is the importance of Session of the Conference of the Parties to the United Nations the ‘Commonwealth Family’ working together at a much higher level Framework Convention on Climate Change, more commonly of collaboration to ensure comprehensive outcomes both within and known as COP21, which was held in Paris. The parties to the U.N. across the Commonwealth. In this regard, I cannot but recall the view Framework Convention on Climate Change (UNFCCC) reached a of one former British Foreign Secretary, the Rt Hon. William Hague landmark agreement on 12 December, charting a fundamentally new MP, when he stated in 2011: “In a world dominated by networks and course in the global climate effort. not by power blocs of old, the Commonwealth is the ultimate network.” It is worth noting that COP21 brought to an end the strict differentiation between developed and developing countries Thank you. replacing it with a common framework that applies to all countries and commits them to make their best efforts and to strengthen them Akbar Khan in the years ahead. Although the full impact of COP21 will not be 7th Secretary-General seen for several years, Parliamentarians have fundamental role in Commonwealth Parliamentary Association (CPA)
10 | The Parliamentarian | 2016: Issue One The Commonwealth Parliamentary Association (CPA) Photo Gallery
Above and right: During his first overseas visit as the new CPA Secretary- General, Mr Akbar Khan met with Speakers and Presiding Officers at the 23rd Commonwealth Speakers and Presiding Officers Conference (CSPOC) 2016 hosted in Sabah, Malaysia. The Secretary-General met with a number of Commonwealth Speakers and Parliamentarians including: Pandikar Amin bin Haji Mulia, Speaker of the Dewan Rakyat in the Parliament of Malaysia; Hon. Geoff Regan MP, Speaker of the House of Commons in the Canadian Parliament; Murtaza Javed Abbasi, Deputy Speaker of the National Assembly of Pakistan; Rt Hon. Rebecca Kadaga MP, Speaker of the Parliament of Uganda and Chairperson of the Commonwealth Women Parliamentarians CWP.
Left: The Secretary- General of the CPA, Mr Akbar Khan met with the Speaker of the House of Commons of the UK Parliament, Rt. Hon John Bercow MP.
Below right: CPA Regional Secretaries representing Australia; Caribbean, Americas and Atlantic; Below left: The CPA Secretary- Canada; Pacific and New Zealand; General, Mr Akbar Khan welcomed British Isles & Mediterranean; Asia Above: The new Secretary-General of the CPA, Mr Akbar Hon. Joe Ghartey, Second Deputy and South-East Asia attended a Khan met with the Chairperson of the CPA and Speaker Speaker, Parliament of Ghana, to Regional Secretaries Meeting with of the Parliament of Bangladesh, Hon. Dr Shirin Sharmin the CPA Secretariat Headquarters the new CPA Secretary-General Chaudhury MP on his first official visit to Bangladesh. The and was accompanied by his Head Mr Akbar Khan and the CPA Secretary-General also met with Parliamentary officials from of Secretariat, Ms. Jane Frimpong. Secretariat. in London, UK. the Parliament of Bangladesh during his visit.
The Parliamentarian | 2016: Issue One | 11 The Commonwealth Parliamentary Association (CPA) Photo Gallery
Left and below left: The CPA Roashows have launched as an exciting new initiative that will visit schools and universities across the Commonwealth to help to increase young people’s awareness of parliament and democracy. The CPA Roadshows were launched by the Chairperson of the CPA Executive Committee, Hon. Dr Shirin Sharmin Chaudhury MP, Speaker of the Parliament of Bangladesh, who hosted a group of over 150 young people from five different schools and colleges on a visit to the Parliament of Bangladesh in Dhaka. The CPA Roadshows will embark on visits to schools, colleges and universities across the nine regions of the CPA and any CPA Branches interested in hosting a CPA Roadshow should contact the CPA Secretariat for more information email [email protected].
Right: The CPA Secretary- General Mr Akbar Khan introduced Left The CPA himself and his Secretary-General vision for the Mr Akbar Khan CPA to the key met with Mr Carl stakeholders Wright, Secretary- from the General of the Commonwealth Commonwealth Family during an Local Government informal breakfast meeting held at the United Kingdom Parliament. Forum at the CPA Secretariat. Right: The Secretary-General of the CPA, Mr Akbar Khan attended meetings and bilaterals at the OECD Global Parliamentary Left: The CPA Secretary- Network in Paris attended by 120 General met with MPs from 35 countries. The CPA Parliamentarians for Global Secretary-General met Mr Angel Action Chair Baroness Vivien Gurría, Secretary-General of the Stern CBE and Assistant OECD (centre) who spoke about Secretary-General Jennifer building trust in Parliaments and McCarthy to discuss Financing Democracy. potential collaboration and partnership between the two Below left: The CPA Sri Lanka Branch hosted a Commonwealth Regional organisations. Seminar on the Role of Parliamentarians in the Promotion and Protection of Human Rights. The Seminar, organised in partnership with the Commonwealth Secretariat, took place in Colombo, Sri Lanka. Members of Parliament, Ministers and Human Rights experts attended from Sri Lanka and other Commonwealth Asia countries such as Bangladesh, India, Pakistan and The Maldives. Hon. Ranil Wickremesinghe MP, Prime Minister of Sri Lanka opened the Human Rights Seminar and the Hon. Speaker of the Parliament of Sri Lanka and CPA Executive Committee Member, Karu Jayasuriya MP also gave an address.
12 | The Parliamentarian | 2016: Issue One Above left: The CPA-World Bank Extractive Industry Seminar provided Above right: The CPA Benchmarks for Democratic Legislatures a valuable and unique opportunity for Parliamentarians to come Workshop took place in Perak, Malaysia for the CPA Asia, India and together to discuss and share up-to-date experience of an important South East Asia Regions. The Workshop was opened by Hon. Deputy global issue of current concern for parliamentary development. Speaker of the Perak State Legislative Assembly, Dato Nasaruddin The Seminar was opened by the CPA Director of Programmes, Ms Bin Hashim in the presence of CPA Members and the Director of Meenakshi Dhar and World Bank representative, Mr Mitchell O’Brien. Programmes from the CPA Secretariat, Ms Meenakshi Dhar. The CPA Branches represented included: Cameroon; Kenya; Uganda; Western Australia; Zambia; Nigeria; Northern Territory, Australia; Quebec, Canada; British Columbia, Canada; Pakistan; Malawi; Balochistan, Pakistan; Malaysia; United Kingdom.
Right: The Chairman of the Senate of Pakistan, Mr. Mian Raza Rabbani met with CPA staff on his first visit to the CPA Secretariat and was accompanied by staff from the High Commission for Pakistan.
Below right: Newly elected MPs attended the CPA Post-Election Seminar at the Mauritius National Assembly which was opened by the Speaker of the National Assembly, Hon. Mrs Santi Bai Hanoomanjee. The three-day seminar was open to all Members of the National Assembly and was also attended by Members from the Parliament of South Africa; Lok Sabha, India; Parliament of Tanzania; UK House of Commons; and the African Centre of Parliamentary Affairs.
Below right and below left: The CPA Workshop on Information and Communication Technologies (ICTs) for the Africa Region took place in Abuja, Nigeria hosted by the CPA Nigeria Branch and the National Assembly of Nigeria. The Workshops, in partnership with the Commonwealth Telecommunications Organisation (CTO) were opened by the Hon. Yusuf Lasun, Deputy Speaker of the House of Representatives who spoke of the need for legislative action to maximise potential of ICTs. Minister of Communications, Hon. Adebayo Shitu MP gave the keynote speech.
The Parliamentarian | 2016: Issue One | 13 THE PARLIAMENTARIAN: INTERVIEW
THE PARLIAMENTARIAN INTERVIEW Mr. Sidiki Kaba, President of the Assembly of States Parties of the International Criminal Court
The Secretary-General of the Commonwealth Parliamentary Association (CPA), Mr Akbar Khan welcomed Mr. Sidiki Kaba, President of the Assembly of States Parties of the International Criminal Court and the Minister of Justice from Senegal to the CPA Secretariat in London. The President and the Secretary-General discussed the role of Commonwealth Parliaments in combatting impunity, in the protection of human rights and the rule of law and a number of issues relating to the International Criminal Court and the Commonwealth. The President was able to meet some of the staff at the CPA Secretariat and view the portraits of previous Secretaries-General in the CPA’s long 105 year history. During his visit to the CPA Secretariat, Mr Sidiki Kaba graciously gave an interview to The Parliamentarian. The Parliamentarian: What role can the Above: The CPA Secretary-General Mr The Parliamentarian: What do you believe Commonwealth play in the protection of Akbar Khan with Mr. Sidiki Kaba, President is the role of Parliamentarians in protecting human rights? of the Assembly of States Parties of the human rights? Sidiki Kaba: The Commonwealth is a International Criminal Court. Sidiki Kaba: It is a very important role. I huge organisation bringing together many think that all Parliamentarians in the world must Anglophone countries and notably lots they are upholding the fundamental principles work together to ensure that human rights are of African countries. The values that the of the rule of law? respected and upheld. It is fundamental for Commonwealth promotes and especially the Sidiki Kaba: The rule of law guarantees each country and for the stabilisation of each protection of human rights and the respect for peace in our society. It supposes that a country region to respect and uphold human rights. each other has helped to progress democracy has a functioning legal system; a huge part of The more that we, across the world respect in many countries, notably in many African this is seeking justice through independent human rights, the more chance that society countries and the regions of the global south. and impartial courts that are empowered to has to prosper. These values can be shared amongst other dispense justice freely and without fear of Parliamentarians have a key role to play countries in order that freedom for everyone retribution. We must be able to guarantee the in ensuring the freedom of the press, the can be recognised. When equality of all people protection for magistrates; we must be able to freedoms of association and the freedoms that in society is recognised, a country can then guarantee the protection of their careers and society should provide where everyone can take vital steps towards progress, where there their independence from the Executive, from live harmoniously together in an environment is common engagement and common values the influence of money and pressure groups, where everyone is respected. that all citizens can work towards and that and also from oppression. In order to be The work of Parliaments and the laws that all citizens can defend together. Every voice effective, the rule of law must be applied in an they introduce must ensure that everyone, counts – those of women, those of minorities, equitable way for all citizens; it must never be without discrimination, is protected and those of everyone - and for society, this applied in a discriminatory way. everyone is equal. It is also the place where participation is essential and helps towards the international conventions can be ratified. good functioning of democracy. The Parliamentarian: Does the Separation Parliament is the place that can guarantee that of Powers (Commonwealth Latimer House rights can be executed for each citizen equally The Parliamentarian: What can Principles) ensure that the legislative, without discrimination or exclusion. Commonwealth Parliaments do to ensure that the executive and the judiciary can act
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independently of each other and how can this However the world has changed especially Court, I have developed several actions and benefit society? since we adopted the Universal Declaration enhanced cooperation – especially amongst Sidiki Kaba: In the separation of powers, of Human Rights in 1948. Lots of progress African countries to reconcile them with the it must be that one power regulates the has been made. There were few independent ICC. 34 African countries have ratified the other. There shouldn’t be a dominant power countries at that time – today many countries Rome Statute – but today Africa is dubious in a democratic society. Executive power, have attained their independence and of the ICC and it thinks that the ICC is often legislative power, judicial power – each should colonisation has ended. There has been against it. be able to do its work without one dominating progress towards democracy – there had been We must listen to African countries and the other. I am not saying that there should be many military states and authoritarian countries their concerns; there concerns are legitimate. a total and absolute separation – there should using violence – but this has been replaced For example Kenya has said that in order be a level of fluidity and co-operation between more and more with democratic systems. to have a solution, we must find a dynamic each power. But there is still progress to be made solution so that Africa doesn’t become The executive should be able to govern particularly with the rights of women and the distanced from the ICC; it is an important – by winning a majority in an election and violence that is perpetrated against women. group of 34 countries. having the confidence of the population, it Progress needs to be made in protecting the However the ICC is not the police - it is will help policies to be executed. The judiciary rights of women in conflict, where women are individual countries that must execute their – the judges and lawyers - should act in a often targets in war and are the victims of rape decisions. It is essential that countries engage way that justice can function effectively and as a weapon of war. Children are also targeted in executing the decisions of the courts – if not credibly because if citizens have a negative in these situations as are minorities – this must then the decisions of the ICC run the risk of perception of justice and a feeling of inequality stop. being left dead. and partiality, then this creates frustrations Even in a globalised world, even when We must reinforce the work of national and this can lead to people having a negative poverty is reduced in many places in the world judicial systems. If every country does this – perception of justice. This can result in people, – many rights are not extended to women. then the ICC will have a lesser role to play, in certain countries, taking up arms and a There are still countries where people live at supporting the idea that all countries will situation where justice is undertaken outside of the lowest levels of poverty and where the enforce their domestic law to protect human the courts. Justice can only play its role when it hopes of life are very low. Access to medicine rights. There must be real and effective justice is independent and impartial. is a problem, access to rights and the law is in each country, only then will it be respected Parliament’s role is in voting in the laws and a problem, access to suitable shelter – all of by the wider population. it can create a general negative feeling when these things are not necessarily available to We need to accelerate universality. This the law protects those who have a particular all and so the challenge of globalisation today supposes that all countries participate in, and interest so it is important that all powers can is allow all to live and have access to food ratify the Rome Statute. participate for the well-being of the population equally. Total democracy is not yet far-reaching. and when checks and balances are in place. There are regions where there are huge The Parliamentarian: How can problems of crime – against children, against The Parliamentarian: Are there particular Commonwealth Parliaments ensure that women, against the vulnerable – and many challenges in protecting human rights in a national jurisdictions can be in a position to victims have no hope of proper access to global society? prosecute egregious crimes? justice. We must remedy this. If there are Sidiki Kaba: It is not easy to protect Sidiki Kaba: I think that Parliamentarians judicial systems nationally that don’t respond human rights in a global society. Globalisation have a very important role in that they can help to these crimes – then we can say that yes, the has given us a huge economic opportunity. to change society and help to improve the ICC continues to have a critical role to play in quality of life and you have to work to ensure protecting humanity. that these conditions are realised. We have to encourage the Parliaments of The International Criminal Court in its the Commonwealth – a large organisation with statute – adopted in Rome in 1998 – states economic, cultural and political shared values that to prevent crime, to prevent injustice – to embed their values in all countries and and to prevent us from entering into war, will notably in the countries of the south. prevent us failing in our duty to protect human There is a role to be played by the rights. It is why I say that in all countries you Commonwealth in convincing all Parliaments must enforce the judicial system. to ratify the Statute of Rome. This will help Where there is a sentiment of frustration towards a country’s development – each and a feeling of injustice – this is the roots country has its own sovereign interests – but of the destabilisation of a country. A feeling together Commonwealth countries also want of injustice is one of the elements, along international solidarity. with poverty, corruption and the absence The Commonwealth has a great role to play of democracy, that are very important to and Parliaments are at the heart of democracy. maintaining peace in society. This is why as President of the Assembly Interview by Lucy Pickles and Jeffrey Hyland of States Parties of the International Criminal at the CPA Secretariat.
The Parliamentarian | 2016: Issue One | 15 ROLE OF LEGISLATORS IN CLIMATE CHANGE: THE CASE OF SOUTH AFRICA ROLE OF LEGISLATORS IN CLIMATE CHANGE: THE CASE OF SOUTH AFRICA
Background the fact that the world’s poorest to those who prepare themselves South Africa, like other people are the most vulnerable for an uncertain future, than to emerging developing countries to the increasingly frequent those who react to a crisis they of the world elsewhere, has not climate change-induced natural should have seen coming.” been spared from the potentially disasters such as floods and History will inevitably show over severe impacts of climate droughts. The ongoing drought time that the societies that are change. For example, in the last that has severely affected prepared for climate change- two decades or so, South Africa certain parts of our country, is a induced disasters, rather than has experienced a number of case in point. just responding to them would adverse climatic hazards. The Shortage of water for be held in the highest regard. most serious ones have been domestic use and for agriculture There is therefore further Hon. Cedric dry spells, seasonal droughts, is a major concern in the wisdom in the maxim that “there Thomas Frolick intense rainfall and floods to the drought-stricken parts of our are costs and risks to action, extent that droughts and floods country. Increasing numbers but greater long-term costs to MP was elected as a have increased in frequency, of livestock and wildlife in inaction.” In the words of British Member of Parliament intensity and magnitude over the protected areas are dying daily, historian, Ronald Wright, “each of the Republic of past two or three decades in the imposing serious economic time history repeats itself, the South Africa in 1999 southern African region. They constraints on farmers and price goes up.”3 have adversely impacted on private game ranchers, thereby It is in this respect that an for the ANC. A School food and water security, water threatening jobs and livelihoods immediate action is needed on Principal before being quality, energy and sustainable of many dependent families. climate change in the light of elected to Parliament, livelihoods of the most rural Climate change is the major, the IPCC’s recent findings in he studied at the communities. overriding challenge of this time, the Fifth Assessment Report Currently, the majority of rural facing decision makers, planners that many observed impacts University of Port communities are experiencing and regulators. It is a growing are happening more quickly Elizabeth. He is the chronic food deficits in many crisis with economic, health than previously predicted; and House Chairperson on parts of the region on a year- and safety, food production and that climate change is creating Committees, Oversight round basis owing to the other dimensions of sustainable more frequent and more intense effects of floods and droughts.1 development.2 extreme weather events, among and ICT; Parliamentary This increasing prevalence other things.4 What is needed Co-Chairperson for COP of recurrent floods and The Roles of Legislators is bold action by the world’s 17 and the Millennium droughts has had far-reaching As we face many of the leaders, including South Africa Development consequences for poor people in challenges of climate change to ensure a relatively safe and terms of food, water, health and and the uncertainties that it stable climate. Nations must Goals; ANC Regional energy in South Africa both in has brought upon humanity, enact new policies that drive Executive Committee rural and urban areas. The plight especially the most vulnerable of economic investment into low- Member in the Nelson of the poor who dwell in informal our people whom we represent carbon technologies, reduce Mandela Metropolitan settlements on the Cape Flats as public representatives in global emissions, and enhance in the vicinity of the Parliament our different legislatures, it is the resilience of their respective Municipality; President of the Republic of South Africa important to remind ourselves of communities and critical of GLOBE International. is indeed a stark reminder of the saying that “History is kinder infrastructure. We, as legislators,
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“History will inevitably show over time that the societies that are prepared for climate change- induced disasters, rather than just responding to them would be held in the highest regard. There is therefore further wisdom in the maxim that ‘there are costs and risks to action, but greater long-term costs to inaction’.”
on several fronts to ensure that this international instrument is effectively implemented in a myriad of legislative approaches, including:
• Ratification:we have to ensure that the Paris/ COP21 Agreement is ratified by enacting a flagship (framework) domestic climate change law to implement its applicable provisions. In South Africa, Parliament spearheading the introduction of a framework Climate Change Bill, which will incorporate all relevant and applicable provisions have a critical role to ensure that the work of the Executive Agreement under the of the Paris Climate these interventions are put in Branch of Government by Convention that is ambitious, Agreement. place, financed, implemented, offering alternative best practice durable, fair and effective that • Reviewing and amending monitored and reviewed. In solutions to problems in the balances environmental and of existing legislation: a developmental State like spirit of An Activist Parliament. development imperatives, inter Parliamentarians can South Africa, we are saying We were of course in alia. It is important for us to note take legislative action on that legislators should not only Paris (COP21), as legislators, that the conclusion of the Paris climate change by reviewing scrutinise executive action, but to support the process of Agreement meant that our work, existing laws and proposing should go further to complement the delivering of a Climate as legislators, has just begun amendments to them where
The Parliamentarian | 2016: Issue One | 17 ROLE OF LEGISLATORS IN CLIMATE CHANGE: THE CASE OF SOUTH AFRICA
possible to incorporate initiatives most often produce scientific in their thinking adaptation. aspects that would ratify costs and benefits for society and work, precise and • Building of reporting the new international as a whole, and hence there deliberate in deepening the provisions in climate climate treaty. Reviewing is a need to have a sound culture of accountability and legislation and and amending of existing analysis of new Legislative transparency in their nations, parliamentary oversight legislation is particularly Acts and measures to more so, for us as South models: legislators can useful for legislators in many determine whether benefits Africans. facilitate climate change national legislatures who typically coincide with the • Exercising leadership in oversight procedures by rarely have the necessary reason why they were mobilising private climate the introduction of regular legal support staff to formulated. It is imperative finance:we do understand reporting provisions into develop large-scale bills or that legislators ensure that legislators play an climate change law to enable proposals for climate change. that the cost of a climate indirect role in mobilising focused attention to climate Moreover, amending existing change law is estimated international climate finance change, considering that legislation is a much more and budgeted for, to ensure (whether via the Financial effective oversight can be feasible undertaking, with a effective implementation. Mechanism, which is under hampered by the lack of comparatively high success We must ensure that targets the Convention or outside relevant data and reports rate, although this option has contained in the law are the Convention through the for Parliamentarians to work run out for South Africa, as worked into deliverable Climate Investment Funds, with. Without the necessary the National Environmental programmes for government which is under the World information coming through Management: Air Quality Act departments with precise Bank). However, legislators from relevant government No 39 of 2004 can no longer targets to ensure effective have a critical role to play in departments, other organs be amended to incorporate oversight of government mobilising private climate of state or agencies, further regulation of climate departments and entities in finance by passing innovative appropriate oversight is change, as done in previous terms of budget for those laws that entail favourable practically unfeasible. years. programmes, timeframes risk-return ratio and/or risk By legally enshrining a • Costing and financing of and obvious results on mitigation measures to spur department’s obligation to domestic Climate Law: the ground. Parliamentary private investment in climate report on a regular basis, Legislative Acts and policy committees need to be change mitigation and legislators are more likely
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to receive the information communications. Legislators and the Department of countries worldwide. It is they need in time to can also encourage their Minerals in monitoring the in this respect that that we carry out their oversight respective parliaments and implementation of the South appeal to our colleagues in functions in an effective relevant committees to African White Paper on developed countries to impress and focused manner. This share findings and reports Climate Change. upon their governments to provides additional grounds with the public, and push for • Parliamentary Steering provide predictable financial for summoning ministers, greater openness and direct Committee on Climate and technological support departmental heads and consultation with citizens and Change: a Parliamentary that allows the citizens of the other relevant competent key stakeholders. Strong and Steering Committee on developing world to respond authorities to account when consistent communication Climate Change will shortly more effectively to pressing reports fail to come through. on climate change is indeed be reactivated in the South socio-economic challenges • Climate change crucial for citizens to see and African Parliament to ensure and acute vulnerability to awareness: Legislators accept the need for urgent a coordinated oversight climate change. On our part, have a crucial role to play in action. For unless a critical approach to climate as legislators from developing shaping people’s perception number of our constituents change to ensure that countries, we should ensure of climate change and in are reached and awakened climate change response that the finances mobilised both building the political will to the need for climate measures and actions from international and domestic needed to tackle it. They action, climate change are comprehensive and sources are wholly spent on can help inform people by would remain a government purposefully integrated. climate change implementation supporting public information problem, rather than every We need to ensure that all activities. I appeal to all campaigns and by reporting citizen’s. relevant gaps are closed and legislators worldwide as well as on the issue through • Need for a coordinated nothing is left to chance. my fellow developing country personal statements and approach to climate legislators to legislate in a change oversight: the Conclusion manner that boosts our abilities “It goes without crosscutting impact of It goes without saying that to adapt and hence withstand climate change requires legislators have the legal climate change, bearing in mind saying that mainstreaming of climate authority and responsibility to the unequivocal reality that legislators change across a range of hold governments to account. It unless enough of a multilateral sectors and departments, is time for Parliamentarians to climate treaty such as the Paris have the legal which in turn requires exert their power and engage COP21 Climate Agreement is authority and considerable coordination in the climate debate in a legislated domestically, effective to ensure effective manner not seen before, as this implementation would be difficult responsibility to oversight of climate change also provides new openings to achieve. hold governments implementation. The for more effective democratic responsible parliamentary parliamentary and public action References to account. committee needs to monitor on climate change. 1 Nangoma, E. (2008) National It is time for the government department It is precisely in the spirit Adaptation Strategy to Climate responsible for climate of exerting their power and Change Impacts: A Case Study of Parliamentarians change, but also the relevant engage in the climate debate in Malawi. Human Development Report to exert their budget lines and activities a manner not seen before that 2007/2008. United Nations, New housed in other departments. South African legislators held York. power and It is in this respect that the public hearings in Parliament on 2 Water and Climate Change engage in the Portfolio Committee on the nation’s Intended Nationally [Internet]. Available from
The Parliamentarian | 2016: Issue One | 19 CLIMATE CHANGE: A PERSPECTIVE FROM INDIA
CLIMATE CHANGE: A PERSPECTIVE FROM INDIA
Two weeks of intense emission of these gases. Ironically, it will be the world’s negotiations between the The findings of the poor, those least benefitting representatives of the 196 Intergovernmental Panel on from the development process, member countries at COP 21, Climate Change, show that who would bear the brunt of held at Paris, in December GHG emissions have grown by its repercussions. Lacking the 2015, finally led to the much 70% between 1970 and 2004. required resources, low income awaited Paris Agreement on The Energy sector, with an families have the least capacity Climate Change. Hailed by increase of 145%, is the largest to adapt to the disruptive many as a diplomatic triumph, it contributor to this growth, effects of global warming. demonstrated the seriousness followed by Transport with an Increasingly unpredictable of the governments to tackle increase of 120%, Industry weather and unreliable rainfall Shri Kirti Yardhan the threat of irreversible and 65%, Intensive farming and patterns are already affecting Singh is a Member of catastrophic climate change Land use change, a further 40%. the marginalized, subsistence confronting the world today. The These increasing emissions level farmers, leaving them the Sixteenth Lok Sabha Agreement itself has elicited have led to a rise in global exposed to the risks of droughts, of the India Parliament varying responses from different temperatures by 0.7°C over the floods, disease of both crops representing Gonda, sections. Emerging from the past century and are projected and animals and subsequent Uttar Pradesh for the dissipating euphoria, are doubts to further increase by a minimum market irregularities. Increasing regarding the effectiveness of 1.8°C to a maximum of 4°C incidences of vector borne Bharatiya Janata Party of the accord in achieving its before the end of this century. diseases are afflicting people, (BJP). Shri Singh was goals. Nevertheless, it is seen Scientists predict that this especially children in the educated at Lucknow as a historic accomplishment temperature increase will have underdeveloped and developing University receiving which will encourage countries a dramatic and devastating countries. The declining rural to reduce their Greenhouse gas effect upon the world around economy is forcing the migration a M.Sc. in Geology (GHG) emissions and pursue us, leading to extreme and of young people to cities, and becoming an a low carbon path towards unpredictable weather creating additional pressures Agriculturist. In 1998, he achieving their development events. These changes would on the urban infrastructure with was elected to the 12th goals. severely impact our global food its related sanitation and health Greenhouse gases, in production, create havoc on problems. Lok Sabha and has held particular carbon dioxide, people and infrastructure, and This is especially true of positions on several methane and nitrous oxide, lead to widespread extinction of countries such as those under Committees including produced mainly by the burning many animal and plant species. the Commonwealth jurisdiction. Industry, Defence, of fossil fuels to meet the The alarming effects of global Most of these nations and small demands of the power and warming are already manifest states, which account for over Science & Technology transport sector, are the key with the increasing frequency a third of the world’s population and Environment cause of global warming. Rapid and severity of cyclones and living in a fifth of the global & Forests. He has industrialization, our impetuous snow storms, droughts and land area, are classified as special interest in the rush towards the ostensible goal floods, the rise in sea levels, developing or underdeveloped. of development, as well as our rising average temperatures The disruptive effect of global conservation of the wasteful consumption patterns and the increasing incidences of warming is undermining their environment. are causing the ever increasing vector borne diseases. efforts towards achieving
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Millennium Development Goals factors that determine it, so that Climate Change adopted at “The disruptive of poverty reduction, health and the focus can now be towards the Earth Summit in Rio in environmental sustainability. This sustainable and long term June 1992, marks the dawn effect of global also results in a negative impact development. of serious global efforts in this warming is on the goals of attaining food Any initiative to contain and direction. It is a comprehensive security, providing education and combat the cumulative effects framework for inter- undermining achieving gender equality. of global warming requires governmental efforts to tackle their efforts It is quite evident that climate a combination of preventive the challenges posed by climate change has the potential to and adaptive measures. The change, with the objective ‘to towards achieving undermine human development core strategies involve actions achieve a stabilization of the Millennium across the world, and may even leading to mitigation of GHG green house gases concentration lead to a reversal of current emissions and adaptive in the atmosphere at a level Development developmental progress. measures to deal with the that would prevent dangerous Goals of poverty Given the current rate of GHG disruptive effects of climate anthropogenic interference with emissions, the world needs to change. the climate system.’ reduction, health take the required urgent steps The development of Subsequently, Conference and environmental now, or these changes could clean and alternative energy of Parties held every year have become irreversible. sources as an alternative to attempted to define the role sustainability. This In this emerging scenario, fossil fuels, attaining optimum of nations in the fight against also results in a it is crucial for us to change levels of energy efficiency in climate change. Over the past our myopic view of progress, the industrial and domestic two decades, International negative impact which till now, was in complete sectors with the help of newer negotiators have painstakingly on the goals of disregard of our natural technologies, promoting endeavored to reach a broad environment. Climate change sustainable agriculture practices agreement between the member attaining food has introduced the additional and the conservation of forests countries on the procedural security, providing element of nature and its and natural resources are some aspects of achieving the goals role in achieving economic of the main elements in facing defined in the Convention. The education and development. It is imperative to the challenge of climate change. focus has been on collective achieving gender understand the true meaning The United Nations action in the key areas of of economic growth and the Framework Convention on mitigation and adaptation. These equality.”
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initiatives are to be facilitated by provide the developing countries wide spread apprehensions not been factored in the cooperation between developed with $100 billion per year till that the intended target to agreement. There is also a lack and developing countries in the 2025 which will be subsequently limit temperature increase to of any credible and effective fields of technology transfer and increased. 1.5°C would be hard to achieve mechanism to facilitate financial support. For the first time, the deal given the gap in the mitigation technology transfer and financial As the dust settles on the also recognizes the role of ambition contained in the support to be provided to Paris accord, the latest in the non-party stakeholders, such Intended Nationally Determined the developing countries for series of sustained efforts in as civil society, the private Contributions of the member meeting requisite mitigation and building a global consensus for sector, financial institutions and countries. Further, with a formal adaptation measures. The matter tackling climate change, it is time also sub-national authorities stock-taking mandated only in is left entirely to the voluntary to reflect on the hard realities of to support efforts towards 2023, our current emission rate discretion of the developed the agreement. mitigation and adaptation to could take us way beyond the countries. The key elements are, firstly, climate change. agreed aspirational warming In recognition of the fact that to keep the increase in global However, the agreement also limits. historically, the responsibility temp to well below 2°C, with an faces criticism for its inherent Also, there are questions for global warming lies with aspirational target of not above weaknesses. The contentious regarding the transparent rich, industrialized countries, 1.5° C. issues, namely, questions monitoring system for the the UNFCCC had included Secondly, the countries regarding the responsibility of implementation of the INDCs. the principle of Common but submitted their voluntary pledges bearing the burden of emission The agreement not only allows Differentiated Responsibilities to reduce emissions with reduction, the required quantum the individual countries to in its text document. This was to further reductions in 2020. The of emission reductions, and the voluntarily provide the five yearly help the developing countries agreement also incorporates a absence of a legal framework reports, but also does not impose to fulfill their development regular five year review of these for enforcement of the reduction any penalties for failing to do so. commitments while at the same targets from 2023 onwards. targets continue to persist even The compensation time restricting the emissions of Thirdly, the developed after years of negotiations. mechanisms for loss and the developed countries. countries are supposed to For instance, there are irreparable damage have However, the Paris Accord
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requires for the first time, the underscores the importance with local businesses and the alternate energy development, developing countries as well to of the role of not only policy industrial sector to support enhancement of energy pledge mitigation actions which makers but also of various other measures for energy efficiency efficiency, establishment of are to be closely monitored while stakeholders such as the civil and to adopt and promote sustainable habitats and smart on the other hand, the developed society, technology experts, renewable technologies. cities, and conservation of countries have not been bound industry captains and media Parliamentarians can assist water and natural resources. by any legally binding emission managers. in obtaining government funds A budgetary support of Rs. cuts as were provisioned in the Mobilizing public support is to support community resilience- 2,54,731 crores has been Kyoto Protocol of 1997. The an important pre-requisite in the building to the potential threats earmarked for the 11th and 12th dilution of this fundamental underdeveloped and developing of climate change. 5 Year Plans. guiding principle of all previous countries, in their fight against Within the Parliament, the The negotiations in Paris accords has disturbing climate change. The diversion elected representatives can have demonstrated that even implications for the developing of capital from the immediate play a critical role in ensuring though the objective is to find a nations as it reduces their carbon developmental needs of the that climate change issues are globally acceptable path towards space required for development. people would create additional placed high up on the political reducing GHG emissions which Although the Paris agreement pressures on scarce resources agenda, by raising questions, are threatening the entire human has achieved a consensus on and governments could face seeking information and race, countries are not yet willing a range of issues, the voluntary objections from the opposition bringing attention to issues to rise above their narrow and nature of the pledges and non parties as well as the tax payers. of climate change. They can competing interests to tackle the binding targets would require a Parliamentarians can play as a review government budgets and real issues at hand. strong will at national levels to bridge between the people and spending on climate change Nations have to ultimately achieve any meaningful result. the government in shaping their issues. Parliamentarians can realize that climate change is Given this backdrop, the country’s policies. They can help examine the adaptation and a global, non-discriminatory, fight against climate change to create awareness amongst mitigation measures being boundary-less phenomenon people by ensuring effective, carried out at state and national and requires a strong global local level dissemination of levels, and also advocate for response. It cannot be dealt “Within the information on climate change greater budget allocation to with an approach which is Parliament, impacts and of the available combat the impact of climate weighed down by self-serving adaptation and mitigation change at these levels. They can purposes, hidden agendas and the elected options. This would facilitate take the initiative to join existing commercially oriented attitudes representatives the formation of a positive parliamentary forums that aim that bind us into groups. The environment for governments to mainstream climate change approval of the climate accord can play a critical to effectively enact meaningful issues across Ministries and by 196 nations gives rise to the role in ensuring policy changes. social development sectors. hope that the global community Parliamentarians can also The destructive effects has acknowledged the gravity of that climate elicit the help of civil society to of climate change are more the situation and is beginning to change issues are educate people on sustainable pronounced in regions of high demonstrate a unified proactive development and also to population, low incomes and an approach in combating the placed high up promote sustainable practices economy which is dependent scourge of climate change. on the political in agriculture, forestry and allied on nature. Thus, it has special On our journey of 27 years, activities. significance for India which has from the first Earth Summit to agenda, by raising Parliamentarians can 20% of the world’s population the conference at Paris, we have questions, seeking encourage the participation of living on just 2% of the world passed many milestones, but the people in supporting government land area, and 70% of the people tide of events, spawned by global information and programs of conservation seeking their livelihood from warming, continues to swell. bringing attention of natural resources and farming. The conclusion of COP 21 environment protection. They Realizing this vulnerability, has given us an environmental to issues of can initiate community effort the Indian government has agreement with a clear road climate change. especially those involving taken strong steps to control map for a secure future. It will children, in activities such as tree and combat the likely effects of now be the test of our vision, They can review plantation which would help to Climate Change. India released leadership, wisdom and the government heighten their sensitivity towards its National Action Plan on cohesiveness of mankind as a their environment for future Climate Change (NAPCC) on whole to successfully navigate budgets and security. 30 June, 2008, which consists to a cleaner, greener and a safer spending on To promote renewable of a series of mitigation and world. energy options as a more adaptive actions to be taken climate change sustainable and cleaner option, both at the national and state issues.” Parliamentarians can interact levels. These include policies for
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CLIMATE CHANGE IN SMALL BRANCHES: SEYCHELLES TAKING THE LEAD IN THE FIGHT AGAINST CLIMATE CHANGE
It’s today generally accepted change and associated extreme increase of an average 0.74°C that human activities may be events. With a population of less over the last 100 years (1906- the cause of global warming, than a hundred thousand people, 2005) was also recorded for leading to climate change. It its development is concentrated global temperatures. A 5th is indisputable however, that on its narrow coastal zones. Assessment report to the world in recent years, the world has Tourism and fisheries are its by this Panel in 2014 with the witnessed increasing ocean main industries and according latest scientific evidence and acidification, natural disasters to the Seychelles Environmental findings in reference to the and extreme weather events Protection Act of 1994, nearly status of climate change shows of catastrophic proportions 50% of its land area is under that the proof of climate change which continue to expose natural conservation and holds risks has never been stronger Hon. Dr Patrick the vulnerability of the planet rare plants and animal species. and greater. Herminie is the to climate change. The More than 40 of its islands Small Island Developing Speaker of the National Intergovernmental Panel on are granitic and the rest are States (SIDS) spreading Assembly of Seychelles. Climate Change (IPCC), which is coral, spreading over a total area of 455.3km². The four main “It is predicted Dr. Herminie was the world’s authority on climate change, in 2007 concluded that inhabited granitic islands in that Small Island elected to Parliament the measured global warming, order of size are Mahe, Praslin, as the directly elected causing ice caps to melt and Silhouette and La Digue. They Developing representative of the oceans to warm are entirely all vary in age from 650 to 750 States (SIDS) will People’s Party for the linked to human actions. It is million years old. Seychelles is predicted that Small Island located within 4 degrees and 9 especially be District of English River Developing States (SIDS) will degrees south of the equator vulnerable due to from 1993 to 1998. He especially be vulnerable due to and all its islands put together became the Leader of global sea level rise which will result in a coastline of about global sea level the House in 1998 and increase coastal inundation, 491 Km. The majority of islands rise which will erosion and magnify the impact are surrounded by coral reefs was elected in the post of storm surges and affect with an area of about 1,690 km². increase coastal of Speaker in 2007. The coastal agriculture. The Intergovernmental Panel inundation, Speaker holds a Master’s The Seychelles, a group of on Climate Change (IPCC), reported on the alarming rise in erosion and Degree in Public Health Islands in the Indian Ocean is in the forefront of efforts to fight sea levels at a rate of 1.8 mm magnify the and a Doctorate in for the plight of Small Island per year from 1961 to 1993 General Medicine. Developing States in the face and an increased to 3.1mm per impact of storm of Climate Change. Seychelles year from 1994 to 2003. It is surges and is economically, culturally and assumed that in the case of sea environmentally vulnerable to level rise, Seychelles may lose affect coastal the potential effects of climate about 70% of its land mass. An agriculture.”
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across the Atlantic, Caribbean, surges and affect coastal lately it’s beginning in October. scientific, financial, technical, Mediterranean, Pacific agriculture. The impact on coral Gradually, the dry season which technological and institutional and Indian Oceans form a reefs and fisheries, through normally begins in April until capacity are observed. It distinctive group, with each warming of the ocean and ocean October, has been extending needs more professionals in one of them having its own acidification are threats that for months beyond that. There climate change, oceanography, unique characteristics but would undermine food security has been an increase in natural meteorology and other related nevertheless sharing many and livelihood in SIDS. disasters such as extreme fields. common features. They are Already, those climate rainfall during rainy season as Other vulnerabilities of recognized by the virtue of their change risks are being a result of increased tropical Seychelles with respect to small size, small population, experienced by Seychelles, depressions in the cyclonic climate change include the and lack of substantial natural for example, the occurrence regions of the Indian Ocean. following: resources, remoteness, high of abnormally high water This has had an adverse effect • Critical infrastructure cost of transportation and temperatures in 1998 that on Seychelles although it lies (roads, ports, government communication inaccessibility caused coral bleaching. The outside this region. buildings, electricity, to economies of scale and impact on tourism and fishing at Although it is classified as an water and sewerage disproportionately higher costs the time was hugely devastating upper middle-income country, management systems) of conducting business. The for such a small country. the Seychelles has a number of • Tourism (in proximity IPCC and the international Historical climatic inherent vulnerabilities related to to the coast or in areas community generally agree that observations in Seychelles its insularity; lack of substantial vulnerable to flooding and SIDS have legitimate concerns indicate significant changes natural resources; vulnerability landslides) over their future. in climatic variations in the to natural disasters; excessive • Food security (currently The IPCC Fourth Assessment Indian Ocean. Local fishermen dependence upon imports reliant on food imports Report concludes with a very and farmers comment on the and limited economic base; and the need for support high level of confidence that fact that traditional knowledge high costs of transportation for local sustainable and SIDS will be affected by global that they used to rely on is no and communication; and climate-smart agriculture sea level rise, which would longer trustworthy. The rainy inaccessibility to economies of and fisheries efforts) increase coastal erosion and season traditionally begins scale and technology. As a result • Coastal and Marine magnify the impact of storm from November/December but key weaknesses in the human, Resources (considering
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“In February 2016, US$1 million was donated by the actor Leonardo DiCaprio, to Seychelles Climate Change Adaption Fund.”
Faced with these challenges, Seychelles’ approach at the local level regarding climate change is guided by a collective understanding of the need to ensure that all actions taken must conserve the integrity of the Seychelles natural environment and heritage for present and future generations. The long term vision is to minimize the impact of climate change through concerted and proactive actions at all levels of the society. In this light, Seychelles aspires for sustainable development, but one that is achieved through strategies that are innovative, knowledge-led and gender sensitive. In its quest to build its national capacity in climate change and meteorological research and observation, Seychelles will build its very own Earth Observatory on Ile Soleil. This initiative is aligned to the regional initiative to establish a regional climate observatory in the West Indian Ocean region. Adaptation programmes and projects are being explored as Seychelles pledges to reduce its gas emission by 25% in 2015 the aims of the ‘Blue the reliance on fossil fuel) landfill sites in high risk, and 29% in 2050. Alternative Economy’ and Seychelles • Health (particularly coastal locations); and energy sources with emphasis Strategic Plan 2015) addressing the burden • Disaster preparedness on renewable energy such as • Water Security placed on high density (particularly addressing the solar and wind power are already (particularly considering populations in the coastal need for more research to being experimented with on the issues of storage and areas and general understand climate change islands. distribution vulnerability to climate- impacts and resources The Seychelles Energy • Energy Security sensitive diseases) to predict prevent and Policy for 2010-2030 is guiding (particularly considering • Waste (particularly for respond to disasters). this Indian Ocean archipelago
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of 115 islands in reducing businesses. The PV units harvest raised US$10.2 billion equivalent the Blue Economy Concept its dependency on fossil fuel solar energy, which is then sold in pledges from 38 States to be which is the judicious use of consumptions. Already wind back into the national power used by Developing Countries. marine resources for economic turbines have been installed grid managed by the Public Seychelles is not relying solely sustainability of marine states. off the coast of the capital, Utilities Corporation (PUC). on the Green Climate Fund for As part of the AOSIS it relied on Victoria to be another source The prohibitive cost of buying financing but has also agreed a strong commitment at the Paris of electricity. In the same vein, and installing of the PV system to an innovation US$30 million Climate Change Conference the President, Mr James Alix has caused the government to debt-for-adaptation swap with (COP 21) in 2015 to keep Michel announced in his National subsidize the purchase of PV the Paris Club in February global warming below 2 degrees Day Address of 2015 that systems for under-privileged 2015. In February 2016, US$1 Celsius. there is an elimination of taxes homes. In the future, all newly million was donated by the Seychelles is very concerned on electric cars and reduction built residential homes and actor Leonardo DiCaprio, to with the impact of climate of taxes on hybrid cars which businesses will be required by Seychelles Climate Change change because it does not have ecological and economical the government to install PV Adaption Fund. only threaten its livelihood but advantages. The government panels. At the international level, threatens it very existence as a has introduced a renewable However, funding remains Seychelles remains one of the Small Island Nation. energy rebate scheme to a major problem for the leading countries in negotiations encourage inhabitants to invest implementation of all these as part of the Alliance of Small in photovoltaic (PV) solar panels projects. As of November 2015, Island State (AOSIS) group. It for both residential homes and the Green Climate Fund has has taken the lead in advancing
The Parliamentarian | 2016: Issue One | 27 CLIMATE CHANGE IMPLICATIONS: A VIEW FROM BALOCHISTAN CLIMATE CHANGE IMPLICATIONS: A VIEW FROM BALOCHISTAN
Climate change is recognized of climate change. Climate experience huge pressures, as one of the greatest change poses multi-dimensional including demand for fuel challenges facing the world in impacts and the risks to wood, and degradation unless the 21st century; however, its various sectors including water, immediate measures for their implications and impacts are agriculture, horticulture, forestry, resilience are taken. It should not evenly distributed. Pakistan rangelands and livestock, also be noted that forests play with its largely arid geographical marine fisheries and associated a large role in sequestering placement and resource scarcity biological resources. carbon, therefore mitigating is particularly vulnerable. Climate Balochistan contributes to climate change. Climate change change related phenomena such carbon emissions and thereby induced disasters in the form Ms. Rahila as high glacial melt, prolonged climate change. These include of flooding and drought and Hameed Khan droughts, flash floods, cyclones our industries, intensive ship- Balochistan is prone to drought. is the and changes in weather patterns wreck industry in Gadani, In near past this province has Durrani MPA are affecting Pakistan’s water the port operations related received an episode of longest newly elected Speaker of resources and therefore many to Gwadar port and finally drought from 1999 to 2005 the Balochistan Provincial other sectors of the economy. deforestation. Water availability affecting the human, agriculture, Assembly in Pakistan. Impacts are already visible on for domestic, agricultural, livestock and wild life as well. She won a reserved the country’s natural resources, livestock and industrial uses will Adaptation to climate change social systems and economy. be significantly reduced. Yet, as is therefore of foremost seat from PML (Nawaz) Balochistan is expected to be most underground and above- importance for the Balochistan ticket at the 2013 general even more vulnerable than other ground storages are already province. elections for her third areas of Pakistan. depleted, this scarcity directly Balochistan is located at period as a MPA. She Sustainable Program and affects livelihoods and the the eastern edge of the Iranian Strategies are needed for productivity of ecosystems that plateau. It is geographically the was also a member of Balochistan to cope with this support them. largest of the four provinces at the Pakistan Women’s drastic climate change. The As agriculture is directly 347,190 km² and composes Hockey team and captain sectors specifically needing to dependent on the availability of 42% of the total land area of of Balochistan’s first be included are water, agriculture water, we find that the sector will Pakistan. The population density and horticulture, livestock and be one of the first to suffer from is very low. The capital city is Women’s cricket team. rangelands, forestry, fisheries climate change. It is predicted Quetta, located in the most She studied Political and the social sector. Primary that any further decline in densely populated district in the Science and Sociology and secondary data is needed to water availability would prove northeast of the province. then a Masters in Mass assess the observed current and catastrophic for local people’s It has mountainous terrain likely future impacts of climate food security and incomes. and scarcity of water. The Communication as well change. The local rangelands currently southern region is known as as a LLM degree from SM The vulnerability of both present the typical landscape Makran. A region in the centre Law College, Karachi. She ecosystems and socio-economic yet vegetation types and their of the province is known as entered her professional activities towards changes are distribution are likely to be Kalat. The Sulaiman Mountains already very high, and thus all altered resulting in the scarcity dominate the northeast corner life as a teacher, these sectors are likely to be of fodder which is a huge and the Bolan Pass. Much of remained a practising adversely affected by increasing challenge for livestock herders. the province south of the Quetta lawyer and also was the temperatures, changes in The scarce forests and region is sparse desert terrain first woman Pashtun precipitations and also climate the mangrove forests provide with pockets of inhabitable change induced extreme events, a variety of ecosystems. towns mostly near rivers and journalist in Balochistan. as the main relevant parameters These forests will continue to streams. At Gwadar on the coast
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the Pakistani government is strong windstorms make these Balochistan’s coastal districts Above: An aerial view of flood currently undertaking a large areas very inhospitable. are expected to be even affected areas in Pakistan. project with Chinese help to Balochistan has lowest more vulnerable. Change in build a large port. Human Development Index temperatures, precipitations glaciers are expected to Quetta Valley is located at an (HDI) of all provinces. It has poor and climate change induced disappear by 2035 whereas the altitude of 5,500 feet (1,675m) natural resource management extreme events. Climate change World Bank predicts that these above sea level and stretching coupled with high population poses multi-dimensional impacts glaciers could retreat within over an area of 2,653 km – has growth. The province is and risks on water resources, 50 years’ time. This melting of witnessed a considerable rise in experiencing socio economic, agriculture, horticulture, forestry, Himalayas can increase flooding peak summer temperatures in ecosystem and climate changes rangelands and livestock, in next two to three decades. recent years. The climate of the the effects of which may even marine fisheries and associated Apart from flooding, drought upper highlands is characterized amplify each other and create biological resources. is also predicted. The most by very cold winters and warm significant risks to development vulnerability to climate change is summers. Winters of the lower prospects. Climate Change magnified for those with low per highlands vary from extremely The coastal areas of Pakistan is located in a South capita income and low average cold in the northern districts to Balochistan encompass a very Asian region that has recently health status. mild conditions closer to the unique and complex array of been categorized as world’s The occurrence of climate Makran coast. Summers are geographical settings including most climate vulnerable region. change is due to depletion of hot and dry. The arid zones of a large area of mangroves The projections for future Earth’s ozone layer through Chaghi and Kharan districts are forest. increases in temperature are toxic emission caused by human extremely hot in summer. The Climate change related predicted to be higher for activities. Secondly the rapid plain areas are also very hot phenomena of glacial melt, Pakistan. The Indus basis increase in global temperature. in summer with temperatures prolonged droughts, flash which is the major source The Intergovernmental Panel rising as high as 50 degrees floods, cyclones and changes of water supply depends on Climate Change (IPCC) Celsius. Winters are mild on the in weather patterns, affecting heavily on glaciers in Western indicates that the average plains with the temperature, water resources and the Himalayas and Karakoram surface temperature has risen never falling below the freezing economy. The impacts and these glaciers are melting by around 0.6°C since the point. The desert climate is are already visible on the more rapidly. According to the industrial revolution of mid- characterized by hot and very country’s natural resources, International Commission on 19th century and is predicted arid conditions. Occasionally social systems and economy. Snow and Ice, the Himalayan to rise further by 1.1°C to
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includes a reduction decreased precipitation rates. in food intake A 6% reduction in rainfall leads and health care to 29 % increase in irrigation use due to loss in requirements. livelihoods, property and employment Worsening Influence etc. Similarly, The poor planning and droughts increase mismanagement trends in food insecurity, transport in the country have led malnutrition and lack to the highest levels of vehicular of safe water thereby emissions and pollution in the giving rise to various world. The concentration of air infectious diseases. pollutant sensitive to climate The vulnerability change are extremely high in to climate change Pakistan and even worst in in general depends Balochistan. upon three factors: After the episode of drought 1. Exposure: ended in the year 2004-05 with 6.4°C over the 21st century. The Global Climate Change Exposure depends the start of heavy rains, abnormal The period from 1995 to 2006 Impact Study Centre (GCISC) upon the ecological weather conditions have been has been the warmest years in has analysed past trends in and geographical observed in Balochistan such the history of earth’s surface. temperature and precipitation characteristics of the as out of season rainfall and a Climate change is predicted between 1951 and 2000 in region. rise in temperatures over the to have dire consequences on Pakistan by agro-climatic zones 2. Sensitivity: Sensitivity past five to six years. Although water, agriculture, livestock, and has concluded that some depends upon the extent there are no major industrial food production, energy, human regions such as the Balochistan of the reliance of region’s or metropolitan regions in health and the economy itself plateau as well as Central and population on natural Balochistan, still the impact of that suffers badly. South Punjab have experienced resource base as sources climate change is visible in the Climate change is a a warming trend. of their livelihood; the province. relatively new area of focus for The country had experienced demographic structure; In the summer, the the prominent organizations devastating drought in 2000, and the current health temperature in Quetta rose like Global Change Impact an earthquake in 2005 and a status of the population. to 44 degrees Celsius. This Studies Centre (GCISC); severe flood in 2010. This has 3. Coping Capacity of was unheard in past decades. Pakistan Agricultural Research resulted in a greater awareness the Population: Coping The International Union for Council (PARC); Pakistan for the policy makers on climate capacity on the other hand Conservation of Nature (IUCN) Council of Research in Water change concerns. Besides depends upon the socio- reported that sudden violent Resources (PCRWR); Pakistan these concerns over climate economic conditions of rainfall is being observed in the Forest Institute; and Pakistan change, we are still lacking the population to climate province which is not useful Meteorology Department etc. in-depth knowledge and the change. and more likely harmful. There Apart from these organizations implementation of such policies used to be three or four spells in the public sector, there are a on ground. Balochistan is the most of showers during the monsoon few international development vulnerable region with high season. For the past several agencies and non-governmental Extreme Weather Events sensitivity and low adaptive years, there has been no snow organizations (NGOs) that Perhaps the most obvious and capacity. The major threats at all in the Quetta city, though are involved in environment devastating consequences of posed by climate change in the mountains surrounding it do and climate change research. climate change on human health Balochistan include droughts receive light snow each winter. The most prominent amongst can be observed in the aftermath and increase in mean average The city used to get a good these are International Union of extreme weather events temperature. Pakistan is share of white winters in the past for the Conservation of Nature such as flooding and droughts. an agricultural country and decades. (IUCN); LEAD Pakistan; Oxfam; Flooding has a direct impact on without increasing agricultural The month of September Sustainable Development Policy human health as it increases the production, it would not be has never been so hot. Similarly, Institute (SDPI) and United risk of drowning and physical able to meet future projected the weather remains cold until Nations Environmental Program injury in addition to exacerbating requirement for food for a May, which used to be a hot (UNEP). These all are working water-borne infectious growing population. The impact month. These are definitely in the area of climate change diseases such as Diarrhoea; of climate change on agriculture, abnormalities. The temperature and can assist the government Malaria; Dengue; Cholera; and would be negative if climate of October is now 31 degrees in formulation and adaptation Gastroenteritis. The indirect change is seen in terms of Celsius in Quetta. This has strategies. impact of flooding on health increased temperature and never happened before. Climate
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“The Global government allocates less than indicated which can be the cases 2035. Water and agriculture one percent of its budget to of frequent floods and drought. production are highly vulnerable Climate Change environmental affairs. Due to extreme in temperature to climate change. In Pakistan, Study panels The Karez system (the and high water stress the per capital water availability is Turpan water system or Turfan agriculture production of certain about 1800 cubic meters per have predicted a water system is locally called crops can decrease. year which will be reduced to warming trend the Karez water system) has 1000 cubic meters annually by been vanishing slowly. Over a El Nino phenomenon 2035. Ground water is depleting in the previous hundred Karez of Quetta and El Niño is Spanish for ‘the boy rapidly which puts more stress century in the almost 250 of Mastung, have child’ because it comes about on water availability for drinking been dried up. Most of the areas the time of the celebration of the as well as for agriculture growth. region where in Balochistan were dependent birth of the Christ Child. The cold Floods and drought devastate Pakistan is on Karezes but now they are dry. counterpart to El Niño is known the soil and cause a reduction in People are installing tube wells, as La Niña, Spanish for ‘the girl crop production. IPCC predicts located. The which are against the law and child’, and it also brings with it a decline in agriculture crops International devastating the environment. The weather extremes. by 30% in south Asia by 2050. groundwater level has receded The El Nino phenomenon in Rapid increases in population Panel on Climate alarmingly. In the past, water was Pacific Ocean is likely to trigger and a decrease in crop Change (IPCC) available at 100 or 200 feet but severe weather conditions. This production mean that there is a now it has dropped to beyond phenomenon occurs every 3-6 prediction of a shortage of 7,000 has observed an 800 feet. According to Wasa, years, dramatically affecting tons of wheat in the country increasing trend there are now more than 5,000 weather conditions worldwide. by 2050. It is also predicted illegal tube wells. If this situation Increasing frequency of El Nino that there will be an increase in temperature in keeps going for few more years, has affected the rain patterns in population of 49 million the Asia ranges the capital will completely dry up. in Khyber Pakhtunkhwa and people by 2020, 132 million by Northern Balochistan, resulting 2050 and 266 million by 2080. from 1-3 degree Expression of Climate Change in a temperature drop. The El Hunger would increase due to Celsius.” Pakistan is highly diverse Nino effects can sometimes be shortage of food and increase in physiographic and climate very dry or even very wet. There population. In the flood of 2010, territory. Koppen Geigger is no true prediction of future Balochistan incurred financial change has affected production classified our land in to 11 drought or floods. In 1997- losses of Rs. 41988 million and quality of fruit. Winters have climate zones. Temperature can 98 El Nino resulted abnormal whereas indirect financial loss become shorter. There used fall as low as -26 degree Celsius snowfall followed by country due to less revenue is Rs. 10689 to be snowfall in the middle of in North and can be as high as worst and longest drought in million. 902,639 people were November, but now it doesn’t 52 degrees Celsius in Central Balochistan from 1998-2005. affected during this flood with 48 come until the end of January. arid plains. The mountainous Balochistan has experienced an deaths and 98 injured. Trees in the region have been regions of Balochistan receive increased in mean temperature dying off on a vast scale. Apple merely 30mm of annual over the period of 1950-2000. Drought trees in Quetta, Mastung and the precipitation. In particular, the Balochistan Due to climate change, there northern areas of Balochistan, The Global Climate Change Plateau has experienced has been an increase in the and date palms in Makran have Study panels have predicted a a pronounced increase in frequency of droughts. Droughts succumbed to diseases. warming trend in the previous temperature up to 1.17 degrees have a catastrophic impact on The province witnessed century in the region where Celsius and has predicted that agricultural production and food prolonged drought from 1999 Pakistan is located. The this may mean an increase up security. The International Food to 2005 and the government International Panel on Climate to 2.17 degree Celsius during Policy Research Institute (IFPRI) has done enough to cope the Change (IPCC) has observed an the months of April and May. A reported that climate change crisis but there exists no future increasing trend in temperature careful observation of data in will have an impact on three programme. The Balochistan in the Asia ranges from 1-3 Dalbandin and Quetta shows main staple foods: rice, wheat government has no idea how degree Celsius. In Pakistan, much increase in temperature in and maize. Pakistan has been severely climate change can there is an increasing trend the month of December, January experiencing drought in past and and will impact the province’s in temperature ranges from and February. the most severely hit province population and economy. It 0.6-1 degree Celsius. There is IPCC predicted that Asia was Balochistan; also the most is highly regrettable that our also great variation in rainfall as a whole would increase deprived province in terms of heads of government, ministers trend and at coastal areas, a by 2 to 4 degrees Celsius by socio-economic indicators. and governors have never decreasing trend in annual 2099. IPCC also prophesied if According to the Water paid attention to protecting rainfall by approximately Himalayan Glaciers continue Resource Research Institute the environment. They do not 10-15% annually since 1900. to melt at the present rate, (WRRI), Balochistan is the realize how important it is. The Extreme weather has also been they are likely to diminish by drought province of the country
The Parliamentarian | 2016: Issue One | 31 CLIMATE CHANGE IMPLICATIONS: A VIEW FROM BALOCHISTAN
and would have the highest rate National Disaster Risk melting. It also addresses the of malnutrition. The districts National Environment Policy, Management Frame Work, change in pattern of rainfalls that which are categorized as high or 2005 2007 leads to episodes of droughts. medium high in terms of drought The policy was devised to The National Disaster The framework also describe risk all lie in Balochstian. address the environmental Management Authority (NDMA) the roles and responsibilities of issues, like air pollution, fresh was established in 2006 after the stakeholders more clearly National Policies with water availability, coastal water, the earthquake of 2005 in Azad and identifies the Natural Reference to Climate Change loss of biodiversity, deforestation, Jammu and Kashmir and Khyber Hazards and Vulnerability After receiving number of waste management and natural Pakhtunkhwa. NDMA sketched a Assessment, the impact of shocks as a result of climate disasters. It has the mandate to framework entitled the National climate change on glaciers disasters, the government has provide guidelines to all relevant Disaster Risk Management and ice cap melt and an Early taken measures for disaster sectors to address the issues Framework 2007 which is a five- Warning System Surveillance. preparedness and mitigation. more efficiently. The sector year plan. NDMA concedes that However, the floods of 2010 1. National Disaster includes water, forest & wildlife, the country is highly vulnerable are proof that it does not specify Ordinance was agriculture and livestock. The to natural disasters such as a concrete strategy to deal promulgated in 2006. policy also aims to promote floods, earthquakes, drought etc. with emergencies and natural 2. National Disaster ozone-friendly technologies The key feature highlighted in disasters. Management (NDNA) and phase out the use of ozone the report are poor construction, was set up primarily in damaging substances. Pakistan poor communication and Task Force on Climate response to devastation is however more a victim than infrastructure facilities, Change caused by the 2005 a contributor to climate change scattered settlement patterns The Task Force on Climate earthquake. and the policy also talks about and diversity of climatic Change was established in 3. In 2008 a special task the extreme events like floods, conditions etc. This framework October 2008 to deal with force on Climate Change droughts etc. and suggests pointed out priority areas, like climate change issues including was established by controls to air pollution and institutional arrangements the melting of Himalayan glaciers, Planning Commission noise in the country under the for planning disaster risk the variability of the monsoon to deal with the issues National Clean Air Act. The management; planning for and the water quantity of dams. rapid climate changes in policy initiates a reduction in disaster risk management, The Task Force has a mandate country. harmful emissions particularly spreading awareness, capacity to analyse the situation in terms 4. National Environment in vehicle emissions. However, development for post disaster of climate change and to assist and Climate Change besides such responsibilities recovery and the placement the policy makers to formulate Policy to address the and sectoral reforms, there is of disaster warning system. It climate change policies. The issues of climate change lack of implementation plans and also includes a short section on report of the Task Force places in the country like rapid strategies to achieve such high climate change and it focuses on emphasis on three major melting of glaciers environmental benefits. climatic chance patterns due to a concerns: Water Insecurity, increased variability of rise in the country’s temperature Food Insecurity and Energy rainfall patterns, increased by 1.4 degree Celsius, which Insecurity. It suggests numerous number of earthquakes. is one of the reason for glacier mitigation measures to combat
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climate change in the country. to all inhabitants at provincial LEAD, Pakistan, another private Amendment, which abolishes It also points to the Energy and district level, especially to NGO is working on climate the concurrent list of functions Security Action Plan 2005-2030 poor and vulnerable populations change and it conducts seminars and responsibilities of the federal which highlights the role of and to flood and drought areas, and workshops to contribute to and provincial governments, hydropower, nuclear power, the with the aim of reducing water the spread of knowledge and disaster risk management import of gas, the Bhasha dam borne diseases. Under this awareness regarding climate and preparedness, which is agreement, Iranian gas pipelines, policy Water Filtration Plants change and related issues. centralized at present, may increased use of CNG vehicles, were implanted at district and also need to be developed at a coal technologies and tackling tehsil level. The policy also takes Vulnerability of Climate provincial level with advancement energy-led climate change issues. into account the protection and Change and a more effective way. In terms of climate change, preservation of ground water Climate change manifests itself Proper planning and adaptation the agriculture and livestock resources. However, this policy in rising temperature, increased strategies can minimize the sectors are required to use the does not address the potential variability of monsoon, the damage from climate change. It new patterns of cultivation for consequences of climate melting of Himalayan glaciers is the urgent need today to take reduction in methane emission. change, as climate change and an increase in the frequency steps to ensure food and water Genetic improvement for affects the depletion of water and intensity of extreme weather security in the future. Research productive dairy animals and supply in future therefore cannot events and natural disasters. should be carried out to cope up reforestation measures by the deal with a specific water crisis. Pakistan is dependent upon with the mechanism to combat forest sector have increased agriculture, for many the only climate change. forest coverage from 2.6% to 6% National Sanitation Policy source of revenue, employment Most important of all is to by the end of 2015. The National Sanitation and food security. Due to low grow more and more trees and Policy formed in 2006 by the technological and scientific base, protect the forest environment. National Drinking Water Ministry of Environment with there is low capacity to adapt to People must not be allowed to Policy primary focus on collection and the changes related to climate cut trees and use as fuel. The The National Drinking Water environmentally safe disposal of change. Pakistan does not have government should overcome Policy (NDWP) formulated for liquid, solid, municipal, industrial an adequate monitoring system the crisis of energy and gas so safe drinking water availability and agricultural waste and to that will predict the occurrence that the maximum trees can be ensure promotion of health and of extreme weathers thereby grow and the carbon dioxide hygiene as a fundamental human leading to a lack of emergency emissions that they create in the “The country right. However, this policy does preparedness and disaster air can be at the optimum level. is diverse in not seem to be conscious of management. Lack of adequate Policies against deforestation the potential consequences of health care infrastructure and are not so effective in the respect of its climate change. the social safety net further implementation stage. geographical and adds to the vulnerability of the The government needs Climate Change Projects population. 40% of the country’s to utilize IT, technology and climatic features A number of projects that population are highly vulnerable software to further monitor the and also in terms support the combatting of to disasters. climate change mechanisms. climate change have been Climate change is not The modern world is utilizing of socio-economic prepared, mostly funded by tantamount and proper planning this technology for the benefit conditions. The the international development and adaptation strategies can of human beings in many fields agencies. The main aim of the minimize the damage from and we should invest funds and Balochistan Ministry of Environment is to climate change. In order to develop software in this regard. province is the conserve the forests, wetlands, plan and implement adaptation We can fight environmental mountain areas, biodiversity, strategies, the first crucial step is degradation through our young most vulnerable energy and conservation of to identify geographical areas on people, both male and female, region to climate environment. Other climate the basis of their vulnerability to who should take part actively and change related projects have climate change. learn about environmental issues change and been developed with the support The country is diverse in and try to tackle the problems of it stands at of IFAD (International Fund respect of its geographical climate change. One of the best for Agricultural Development) and climatic features and also solutions to the environment vulnerability and SCCF (Special Climate in terms of socio-economic is to change our bad habits of rank 1 with a Change Fund). International conditions. The Balochistan wastage of water, electricity and Union for Conservation of province is the most vulnerable the dispersal of garbage. Let’s major threat of Nature (IUCN) was also region to climate change and it think global but act local. drought and an involved in the implementation stands at vulnerability rank 1 with of a few projects related to a major threat of drought and an increase in mean sustainable development and increase in mean temperature. temperature.” the conservation of biodiversity. In the 18th Constitutional
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CLIMATE CHANGE AND PARLIAMENTARIANS
COP21 Paris ended with The road to COP21 Paris took climate change were forging the sight of world leaders especial care to ensure a ‘legally ahead with climate related applauding the conclusion of a binding treaty applicable to all policies on the domestic front. long and protracted negotiation Parties’, and that an agreement The United States, for example process which was beamed was arrived at in an all inclusive has what is arguably the most live to televisions in almost manner. This of necessity leads robust carbon trading scheme every country in the world on to what is commonly referred to globally. The renewable energy the evening of 13 December as lowest common denominator sector has been growing at a 2015. Reactions to the content in terms of level of ambition, phenomenal rate. The Paris of the Paris Agreement have or effectiveness of outcomes, Agreement can only add been varied, with many experts but perhaps that is to miss the impetus to these efforts. Robert Ondhowe decrying the absence of specific point on the primary ‘political’ The absence of specific has worked with targets in respect to emission objective of the Paris Agreement. reduction targets has been reductions, as well as of financial Most major summits of this repeated as a shortcoming the United Nations, commitments to support kind conclude with the political of the Paris Agreement. This beginning with the developing countries and those component, after the technical ignores the lessons learned Climate Change most in need. aspects have been agreed upon. from Kyoto, and also fails to Secretariat in 1996. He The argument can be made COP21 Paris began with the take into account the option of though that the intention of Leaders Summit where Heads flexible and market mechanisms specializes in climate the Paris Agreement was to of State and Government from in reducing emissions. The change concerns, harness and focus political will 150 countries made impassioned contribution of market based primarily law and policy towards a common solution to pleas for action, before mechanisms to the reduction as relates to various the challenge of climate change. negotiations proper began. targets is significant, and Article This reflects lessons learned The Paris Agreement is 6 of the Paris Agreement allows mitigation options such over the preceding decades, pivotal for creating a platform for Cooperative Mechanisms as renewable energy, starting from the collapse of the for global co-operation on to meet their self-determined energy efficiency, patents Kyoto Protocol through to the climate. It provides a road map commitments. However, it is and climate related debacle of Copenhagen. In large from where we are to where we vague on how this is to be done, part, Kyoto floundered due to want to go to. All parties have but again, lessons have been technologies. A Kenyan the insistence of the then largest a legal obligation to report on learned from Kyoto. From Kyoto, national, and currently emitter, the United States, on efforts undertaken to mitigate the international community with the UN Environment the inclusion of large emitters and adapt, and, importantly, went to Marrakesh (via Buenos Programme, he spent from the developing countries. to progressively scale up on Aires) and concluded the Copenhagen attempted to those commitments. These Marrakesh Accords. These much of the year deal with the challenge of include on issues such as provided the following; preceding the Paris getting consensus between finance, technology transfer • Operational rules for Agreement working 195 countries by limiting key and transparency of actions. international emissions with governments to negotiations to a few ‘important’ It is important to bear in mind trading among parties countries, and presenting that even countries opposed to to the Protocol and build capacity for climate the rest with a ready made the Kyoto Protocol and other for the CDM and joint change negotiators. agreement. international initiatives on implementation;
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• A compliance regime that outlined consequences for failure to meet emissions targets but deferred to the parties to the Protocol, once it came into force, the decision on whether those consequences would be legally binding; • Accounting procedures for the flexibility mechanisms;
From Paris governments will again be heading to Marrakesh for COP22. Many of the issues as yet undefined or ambiguous in the Agreement should be clarified at Marrakesh, including Article 6, from where a majority of emission reductions are policy initiatives and efforts from the climate change treaty and Above: The huge press centre expected to emanate. Together governments, private sector and other multilateral environmental at the 21st session of the UN with these operational modalities other stakeholders. agreements, especially with Conference on Climate Change should be a compliance and COP21 saw key events respect to stated targets. In COP21 in Paris. enforcement mechanism to held at the French Parliament performing their legislative enhance accountability and involving Parliamentarians from and oversight functions facilitate meeting of the treaty around the world. These marked Parliamentarians will harness Marrakesh. These include the objectives. the beginning of different efficiencies by addressing elaboration of a compliance It therefore becomes clear legislative measures to bolster these in a holistic and cost mechanism and other matters that COP21 Paris was just policy measures developed to effective manner. Together with financial implications. The a beginning, rather than an combat climate change, and with ongoing work with other Reduction of Deforestation end, and looked at from that new resolutions by the different legal practitioners, including and Degradation has been perspective it is possible to parliamentary associations. Of law enforcement agencies, and comprehensively addressed and view the process with at least particular significance here hopefully bar associations, 2016 throws up several challenges, a degree of equanimity, if not was a new initiative looking to should be the year of developing and opportunities of a legal cautious optimism. The political establish linkages between a long term, all encompassing nature both at national and momentum generated is Parliamentarians and judiciaries. and sustainable programme regional level with which immense. Outside of the climate This should strengthen the legal of activities that involves Parliamentarians may need change negotiations, other continuum by sensitizing these Parliamentarians from all over to familiarize and engage global summits concluded in practitioners on the challenges the world and covers all aspects accordingly. This will ensure a 2015, supplement the objectives each face in either developing of environmental protection seamless shift from signature of the Paris Agreement. The legislation or interpretation of and sustainability. Within such and/or ratification, and the first Sustainable Development Goals, legislation in respect of climate an arrangement, we will look Meeting of the Parties of the Financing for Development as change, and hopefully engender to bring on board various other Paris Agreement. well as the Sendai Agreement a seamless flow from law making stakeholders, including financing Again we at UNEP would on Disasters all augment the to the adjudication process. entities, to ensure coherence like to reiterate our commitment climate change process. At UNEP continues to work and coordinated engagement. to working with legislators and the G7 Summit in Germany in with legislators in respect both Of equal importance in the look forward to continuing this June 2015, the association of the Paris Agreement and short term would be an in depth partnership. of major oil companies made other global initiatives. We will analysis and disaggregation of mention of possible global be looking to extend this to the Paris Agreement in light of This article is written by the de-carbonisation by 2100. other partners within the legal the Decisions accompanying contributor in a personal capacity and This is a position statement milieu, and to identify areas the Agreement which related any views expressed in this article are previously unimaginable where quick wins can be had, to the first Conference of the the views of the contributor and are coming from the industry. All as well as implement jointly Meeting of Parties (CMP). not the official views of the UNEP or these suggest that it is likely where possible. Beyond the Many decisions request Parties any associated agencies. to become a self-reinforcing global initiatives, there are large to undertake several specific cycle of increasingly ambitious areas of commonality between measures at its first CMP in
The Parliamentarian | 2016: Issue One | 35 THE ESTABLISHMENT OF THE COMMONWEALTH SMALL STATES CENTRE OF EXCELLENCE THE ESTABLISHMENT OF THE COMMONWEALTH SMALL STATES CENTRE OF EXCELLENCE Report from Commonwealth Heads of Government Meeting (CHOGM) 2015 in Malta
From 27 to 29 November responses to corruption; the the Commonwealth Heads 2015, Malta was the host for fight against poliomyelitis; of Government “recognised the second time in ten years, of and the renewal of the that while some small states the Commonwealth Heads of Commonwealth. enjoy medium to high GDP per Government Meeting (CHOGM). On Small States specifically, capita, giving the impression This Commonwealth Summit the Heads of Government, in of strength, they continue to brought together the Leaders their Statement, declared that suffer disproportionately from of 53 Commonwealth nations they “are conscious that 31 of diseconomies of size, frequent representing 2.2 billion people our members are small states, external shocks such as the or almost one third of the world’s which have their own particular 2008 economic recession Dr George Vella population. strengths and opportunities which gravely impacted their The Commonwealth as well as vulnerabilities in economies and societies, and is the Minister for Summit provided the Leaders addressing today’s global adverse events including natural Foreign Affairs in of the Commonwealth with challenges, especially climate disasters and environmental Malta. He started his the opportunity to share change.” change which can affect parliamentary career experiences and exchange In this context the the entire population and views on a series of regional Commonwealth Leaders substantially hamper sustainable within the Labour and international issues. More welcomed and encouraged development or even threaten Party in 1978 and importantly they explored the continuing support of the their very existence.” was elected as an measures on how to strengthen Commonwealth, including Heads of Government MP in 1981. He has their resolve and to reaffirm their advocacy and technical also “recognised that the commitments towards practical assistance, to support small Commonwealth has always held various positions and cooperative contributions states in building their resilience, been a strong advocate for the including Leader of to the political values of the advancing growth and cause of small states by raising the Malta Delegation Commonwealth. prosperity, and creating a better international awareness of their to the Conference of Convened under the future for their citizens. vulnerability.” theme, ‘The Commonwealth: In addition to their Statement, Heads of Government Local and Regional Adding Global Value’, the the Commonwealth Heads of further “recognised in particular Authorities of the Commonwealth Heads of Government adopted a final the need to address the debt Council of Europe; Government discussed and Communiqué which recorded and financing needs of small Malta’s Permanent agreed on steps to advance “the full breadth of matters” states and called for innovation their national, regional and addressed during the Malta and new partnerships, and for Representative at international cooperation. CHOGM. In their Communiqué, the international community the Council of Europe; In their Leaders’ Statement, the Commonwealth Leaders to continue actively to explore Deputy Leader for the Commonwealth Heads “reaffirmed their shared innovative measures to Parliamentary Affairs; of Government addressed commitment on behalf of the alleviate their vulnerabilities and a number of areas covering people of the Commonwealth to challenges.” and Vice Chairman peace and security; sustainable the values and principles of the Accordingly, the of the Malta/EU development; oceans, seas and Commonwealth Charter.” Commonwealth Heads of Joint Parliamentary marine resources; migration; With special reference in the Government “welcomed the Committee. small States; young people; Communiqué to Small States, work of the Commonwealth
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“On Small States Open-Ended Ministerial sustainable development in Malta will add value that Working Group on Small were among the priority enhances the Commonwealth’s specifically, States, the development of a issues deliberated throughout relevance and give a strong the Heads of Commonwealth Resilience the Commonwealth Summit and practical impact in favour Framework, and the and featured prominently of Small States, a dimension Government, in establishment of the Small in the three documents which the Commonwealth has their Statement, States Centre of Excellence in mentioned above adopted by for a considerable number of Malta.” the Heads of Government. years now been addressing. declared that they Coming on the eve of COP21 Indeed, the Commonwealth The Heads of Government ‘are conscious that in Paris, the Malta CHOGM Leaders adopted a series encouraged Member States adopted a strong political of decisions which would to support the mobilization of 31 of our members message in support of the continue to safeguard the resources for the Centre. are small states, Paris Conference by agreeing interests and aspirations of the With a strong focus on on an ambitious stand-alone Commonwealth Small States. knowledge and experience which have their Commonwealth Leaders’ The agreement reached sharing, and specific reference own particular Statement on Climate Action. by the Malta 2015 CHOGM to small states, the Centre Small States also featured in to launch and establish the will enable easier access strengths and this Statement considering that Commonwealth Small States to relevant information and opportunities over half of the Commonwealth Centre of Excellence and to capacity building resources countries are Least-Developed, accept the offer by Malta to host across the Commonwealth. It as well as Small Island Developing the Centre can be hailed as an will seek to serve as a one-stop- vulnerabilities Countries or both. The important milestone. resource on issues affecting Statement also makes it equally Together with the small states. It will develop in addressing clear that these countries are establishment in Malta of the initiative and projects to serve today’s global bearing a “disproportionate Commonwealth Trade Finance the constituency of small states, burden from the impacts of Facility, also on the initiative working for whose welfare is a challenges, climate change.” by the Government of Malta, priority for the Commonwealth. especially climate It is therefore evident that the as well as the Commonwealth The Centre will add challenges and vulnerabilities Climate Finance Access Hub to value to the governance change’.” which Commonwealth be based in Mauritius, the Small and developmental goals of Small States face in their States Centre of Excellence Commonwealth small states,
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“The agreement and help these countries to Initial priority areas identified strategic partnerships, with address the special challenges to be undertaken include: other countries and/or regional reached by faced by them. Based on a gap public debt management; organisations in the appropriate the Malta 2015 analysis, it has been established natural disaster management, specialist fields aligned to the that there is currently no adaptation, mitigation and recovery Centre’s priorities (e.g. the CHOGM to launch institution that is undertaking this assistance; broadband internet Caribbean Disaster Emergency and establish the crucial work for small states. The connectivity; diplomatic training; Management Agency (CDEMA), Centre will engage in advocacy, women and enterprise; ocean the University of South Commonwealth analysis and thought leadership governance; collaboration and Pacific, and other relevant Small States on issues of particular concern synergies with the Commonwealth academic institutions within and interest to small states. Trade Financing Facility; synergies Commonwealth countries; the Centre of Funded and supported with the Malta-Commonwealth University of Malta and Malta- Excellence and by the Government and the Third Country Programme. Other based institutions including Commonwealth Secretariat, areas are to be progressively the International Maritime Law to accept the the Centre’s objectives are to evaluated for inclusion. Institute (IMLI), the International offer by Malta to facilitate and impart targeted and The SS-COE is envisaged Oceans Institute (IOI), the predominantly internet-based to operate on the basis of a DiploFoundation (DIPLO), and host the Centre capacity building programmes, clear Value for Money model; the Mediterranean Academy of can be hailed including the provision of a employing remote, online- Diplomatic Studies (MEDAC) referral service where direct centred and video-based among others). This will include as an important assistance cannot be provided; capacity building solutions linkages to other existing and milestone.” serve as a focal point for the that rest on identified best emerging small states entities sharing of best practices; practices and which are tailored such as the Mauritius-based maintain links with development to the specific needs of Small Commonwealth Climate Finance agencies and others; and provide States; engaging local and/or Access Hub and the Malta- an information and referral international experts who are based Islands and Small States service regarding academic and recognised leaders in providing Institute. research work, in partnership in situ capacity building solutions The operation of the with the University of Malta. sought by Small States; involve Small States Centre of
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Excellence, as on other similar manner the potential which can play, including the engagement, particularly initiatives, necessitates all exists in supporting initiatives in Commonwealth Parliamentary with the Commonwealth the support and backing favour of Commonwealth Small Association as one of the nine Secretariat, over the coming not only of Commonwealth States. Indeed, on 28 November Associated Organisations, years to improve the global Governments but also of 2015, the Commonwealth cannot but be emphasised. The impact of the Commonwealth in other institutions including, in Foreign Ministers Roundtable CPA’s support towards making achieving better democratic and particular, the Commonwealth held during the Malta the Centre a flagship of the development outcomes for its 2.2 Intergovernmental Institutions, CHOGM, the Commonwealth Commonwealth, would continue million citizens.” the accredited Commonwealth Intergovernmental Organisations and strengthen the resolve and In line with the Associated Civil Society, and especially of and Accredited Organisations tradition of the Commonwealth’s Organisations’ framework of Commonwealth Associated succeeded to deliver insightful people to people approach competencies and networks, Organisations. presentations and comments. by contributing in efforts by the Commonwealth Small The opportunity given to the Moreover, these Organisations, Small States to overcome their States Centre of Excellence said Organisations to share together with the representatives vulnerabilities and challenges in Malta could be yet another their possible contributions and of Civil Society Organisations, which these countries are facing. defining medium which would experiences as a Commonwealth were able to raise their profile In this context, it is in turn have a beneficial and family to the benefit of the wider by highlighting their current appropriate to recall the significant impact on the critical Commonwealth was amply priorities for the Commonwealth submission made by the challenges facing Small States taken up and showed in no small with the aim of promoting Commonwealth Associated in the implementation of the dialogue among Commonwealth Organisations to the 2015 Malta United Nations 2030 Agenda for “The operation citizens. CHOGM. In their submission, Sustainable Development. Therefore, the critical role these Organisations “look of the Small which these Organisations forward to more strategic States Centre of Excellence, as on other similar initiatives, necessitates all the support and backing not only of Commonwealth Governments but also of other institutions including, in particular, the Commonwealth Intergovernmental Institutions, the accredited Commonwealth Civil Society, and especially of Commonwealth Associated Organisations.”
The Parliamentarian | 2016: Issue One | 39 A SIGNIFICANT LANDMARK ON THE PATH TO WOMEN’S EQUALITY
A SIGNIFICANT LANDMARK ON THE PATH TO WOMEN’S EQUALITY Report from the Commonwealth Women’s Forum
At the 2015 Commonwealth communities with the result of a that the empowerment of Heads of Government Meeting negative impact on democracy women benefits not only women (CHOGM) hosted by Malta, the and development. Following themselves but the social first Commonwealth Women’s 10WAMM, the members of the and economic development Forum was held along with other Commonwealth Gender Plan of of their communities. The forums related to young people, Action Monitoring Group agreed theme of the empowerment business, NGOs and civil society. that in order to affirm high-level of women reflected and Many of the over 500 women support and direct top-level supported United Nations attending wondered why it had politics equality and human Sustainable Development taken so long for women to rights, there was an urgent Goal 5 that includes the target Professor Margaret have their own forum at which need for women to be given the to ensure women’s full and to discuss issues relevant to opportunity to interact with the effective participation and equal Wilson is a former them and countries from which heads of government and for opportunities for leadership at Member of the New they had come. Malta is to be the Commonwealth’s gender all levels of decision-making in Zealand Parliament congratulated on hosting the equality commitments to be political, economic and public (1999–2008) and Forum. As the President of higher on the agenda for Heads life. Malta Her Excellency Marie- of Government. The link with the United a former Speaker Louise Coleiro Preca said her As a participant to various Nations Sustainable (2005–2008). She held welcome: “The time is ripe to national and international Development Goals was several Ministerial move from rhetoric to action. conferences and workshops reinforced in the main address appointments including May the Women’s Forum move over the past 40 years, one of the Forum delivered by beyond discussions to entice the could only agree that the time Dr Lakshmi Puri, Assistant Attorney-General, Heads of Government present was overdue to move the Secretary-General of the United Minister of Labour and to act to ensure the wellbeing equality agenda for women Nations and Deputy Executive Minister Responsible of women and mark an end to forward to directly engage Director of UN Women who set for Treaty of Waitangi the atrocities women and girls with those decision-makers out the Global context for the are experiencing today. The who have the authority and advancement of women. Negotiations. Today, Commonwealth can effectively capacity to include women and The participation of UN she is a Professor of be an inspiration to the world their interests in their decision- Women, the Commonwealth Law and Public Policy in bringing about change in the making. The Commonwealth Secretariat, the Commonwealth at the University of lives of women and girls.” Women’s Forum provided that Parliamentary Association- The Forum followed the opportunity and with the support UK, and the Commonwealth Waikato. Positions 20th Commonwealth Women of the Maltese Government, the Local Government Forum held include: Director Affairs Ministerial Meeting Forum was formally included enhanced the breath and of the Reserve Bank; (10WAMM) that took place in within the CHOGM agenda quality of the presentations Law Commissioner; Dhaka, Bangladesh in 2013 and and in the future will become as well as the smooth running among other matters observed a permanent feature of the of the various sessions. The Foundation Dean, the under-representation of CHOGM programmes. relationship between the global Waikato Law School; women leaders and decision- The theme of the Forum: and the local was a consistent President of the New makers in politics, public sector, Women Ahead: Be All That We theme of the Forum with the Zealand Labour Party. and corporate boards and in Can Be captured the reality various presentations in the
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panel and workshop sessions local institutions. In many ways Political Empowerment and Although my focus at providing an invaluable insight the Forum provided a ‘master’ was impressed with the range the Forum was on political into development within class in recent global and local of experience and expertise empowerment, I attended on international and national and developments in the movement expressed by the participants the first day all the sessions on for the equality of women. who included Members of the other two themes of women, “The Forum The Forum focused on three Parliaments, local government the media and technological main areas: women in leadership representatives, international development and women in focused on and entrepreneurship; women, agencies, NGOs and social development. These three main media and technological academics. The discussion was sessions reinforced the reality development (including media distinguished by the generous that for women to have political areas: women in and ICT); and women in social sharing of experience and offers decision-making it was essential leadership and development covering education of assistance. It was apparent to ensure the media understand and health. from the three hours discussion and contributed to the goal. The entrepreneurship; These themes were that similar issues arose in influence of technology on the women, media addressed through different contexts. The need for media was an emphasis that presentations from lead responses to common barriers reflected the changing nature and technological speakers and moderated and constraints to women to of how ideas are formed and development panels of speakers who were be culturally appropriate was communicated. It is essential experienced within their areas apparent from the various to participate in the digital (including media of expertise. While time is contributions. What works in one revolution that is slowly but and ICT); and always constrained in such country may not be successful surely changing the nature of sessions in the workshop in another. In all societies how we communicate within women in social sessions on the following day however women experience our communities. Although development there was an opportunity for discrimination and there education and health have all participants to share their continues to be a reluctance to always been recognised as the covering education experiences. I moderated redress the inequality of women pre-conditions for women’s and health.” the workshop on Women’s in a way to results in real change. equality, the changing nature
The Parliamentarian | 2016: Issue One | 41 A SIGNIFICANT LANDMARK ON THE PATH TO WOMEN’S EQUALITY
of the economy to the delivery and women with different addressed. and the inclusion of women in all of social services through the choices. The establishment of an levels of decision-making. not-for-profit or private sector I noted the contribution of independent Tactical Working The Outcome statement provides new challenges for women with disabilities and will be essential to sustain from the Women’s Forum women. The inclusion of a LBT women was apparent both the work of the 10WAMM succinctly reflected the general session on social enterprise in the various sessions that and the Gender Plan of and specific issues that arose highlighted this change and emphasized the inclusive nature Action Monitoring Group. The in all the sessions. Overall the also linked into the theme of the Forum. Minister Dalli also Outcome document will also Outcome Statement reflected of opportunity for women added that the Forum reinforced inform the current End of Term the urgent need for women to entrepreneurs. the need to strengthen women’s Review of the Commonwealth become part of main stream The Outcome Statement from access, participation and Plan of Action for Gender decision-making. This was the Forum incorporated specific leadership in education, health, Equality 2005-2015. What reflected in the statement recommendations that provide employment, technology, political was impressive about the that the Women’s Forum be the path for future change and economic decision-making Forum for me as a participant acknowledged as a platform required if women are to achieve and the judiciary. was the sustained work from “(i) to transform the mainstream equality through the opportunity Finally her presentation the Commonwealth Gender processes with an effective to ‘be all that you can’. While the called for the establishment Section and CPA-UK to develop monitoring process to be Forum recognised the need for of an independent Technical and promote a long term observed by member states women to take and develop the Working Group on gender strategy for change through and (ii) to ensure commitments opportunities available, those equality and women’s the Commonwealth Secretariat to gender equality and women opportunities often require empowerment in line with the and its constituent members. I and girls empowerment takes changes in policy, laws and targets set by the Sustainable have learnt over a long period of centre stage and remains resource allocation that require Development Goals and the political participation within my essential dimensions of commitment from political 2030 Agenda for Sustainable own country that it is essential sustainment development, and leaders and in particular Heads Development and to report that women are organised and high on the agenda of Heads of of Government. the progress at subsequent persistent in pursuit their goals. Government.” The Minister Helena Dalli CHOGM, together with the It is also essential that women The Outcome Statement also from Malta presented the Commonwealth Women’s engage those who have the recognised the changing nature Outcome Statement to the Forum to be a permanent forum power to make the decisions, of economic policies on the Commonwealth Foreign preceding future CHOGM. As hence the need for commitment agenda of equality for women. Ministers’ meeting. She noted noted this recommendation from the Commonwealth The emphasis on women that the Forum had stressed has been accepted by CHOGM Heads of Government. That having financial literacy and the importance of women’s so there will be a continuing commitment has to be expressed independence was recognition economic, social and political opportunity for women of the not only aspirationally but of the essential pre-conditions empowerment and the need Commonwealth to meet to practically through the allocation of women’s empowerment. to leave no women behind, access what progress is made of adequate resources to While education and health including women with disabilities and what still needs to be promote the interests of women remain essential pre-conditions
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to equality so does financial 50% of women in decision- be made by women to take for all the countries of the independence. The path to making at all levels through control of their own lives for Commonwealth, in particular, this independence will vary voluntary or regulatory measures their own benefit and for the the Heads of Governments and but include employment and that were appropriate for the sustainable development of their Ministers who have the authority entrepreneurial opportunities. situation. This slow progress communities. The discussion and opportunity to make The fact that many poor in the corporate sector has on gender-based violence changes. The Commonwealth households are headed by however highlighted the need “underscored the need to is a unique organisation that women reflects the urgency for women to be supported to address the wide spectrum and through its commitment to the to address the economic provide their own economic the root causes of power and values of the rule of law has a opportunities for women. The and financial opportunities. control of sexual and gender- real opportunity to provide a development of appropriate This approach is reflected based violence (such as sexual global example of best practice policies and allocation of in the outcomes from the and cyber harassment, stalking, to enable women to fully develop resources to ensure women media, technology and social rape, prostitution, trafficking, their potential, not only for their have financial independence development sessions. Overall pornography, Female Genital own wellbeing and that of their depends on accurate current the Outcome Statement reflects Mutilation, domestic violence, families, but their communities. data and the participation and the frustration of women to get forced and early marriage), as The fact that the Heads of advocacy of civil society women’s on and develop their own skills it continues to undermine the Government have agreed to organisation. and opportunities but need the health, dignity, security and the Women’s Forum to be The emphasis on women’s support of political and corporate autonomy of its victims, yet it held before each CHOGM, is entrepreneurship was reflected decision makers to remove the remains shrouded in a culture a significant step on the path throughout the statement. The unnecessary constraints on of silence. Noted the increasing to full equality for the women lack of progress in traditional women to ‘be all that you can’. rife social taboos and endemic and girls of the Commonwealth. corporate leadership positions The Outcome Statement cultural practices, which allows While still much is to be done on was observed with concern by however also reflected the child marriages, female genital a country level, the leadership of the participants. There was a sobering reality for many women mutilation/cutting, sexual the Commonwealth Secretariat call to strengthen systems to who are subjected to gender- violence and transmission of and the Commonwealth increase representation with based violence. It is worth diseases on women and girls in Parliamentary Association will a minimum of 30% and target recording in full the statement the Commonwealth.” provide the support for member timelines to meet a target of relating to gender-based Overall the Women’s states to progress the matters violence because it identifies Forum provided an invaluable raised in the Outcome statement. “Overall the the need to address this issue opportunity not only for women Women’s Forum to enable any progress for to of the Commonwealth but provided an invaluable opportunity not only for women of the Commonwealth but for all the countries of the Commonwealth, in particular, the Heads of Governments and Ministers who have the authority and opportunity to make changes.”
The Parliamentarian | 2016: Issue One | 43 ROLE OF POLITICAL PARTIES IN PROMOTING WOMEN’S REPRESENTATION THE ROLE OF POLITICAL PARTIES IN PROMOTING WOMEN’S REPRESENTATION Report from the Commonwealth Women’s Forum
I was invited to speak at one political parties. As I mentioned constituency of Slough in of the Workshops at the first during my presentation I felt like 1995 and without All Women’s ever Commonwealth Women’s a fraud speaking on women’s Shortlists, I would not have Forum held in Malta in advance political representation when been successful. All Women’s of the Commonwealth Heads so many other Commonwealth Shortlists were not popular and of Government Meeting last countries are doing much better the Slough Labour Party picketed November. than the UK. However, the UK Labour’s National Executive There was a really positive Labour Party has been a world Committee (NEC) demanding that atmosphere throughout the leader in addressing the issue they be allowed to choose a male event which brought a diverse of women’s representation in candidate; but the NEC stuck to Hon. Fiona group of women together from Parliament and without its policy its guns and insisted on the policy across the Commonwealth on All Women’s Shortlists, the going through. I believe structural Mactaggart MP because they believe in UK would be dwindling towards mechanisms to ensure the is a UK Member of gender equality, women’s the bottom of the world rankings election of women are essential Parliament for the empowerment, and speeding up for women’s representation to address the appalling gender Labour Party. She progress in achieving equality in parliament. With the First imbalances which have lasted too for Commonwealth women. Past the Post election system, long – and waiting for a gradual was the founder What was also great is that the pioneers within the party increase is no longer acceptable. of the All-Party the Women’s Forum preceded recognised that women needed Democracy is flawed if the voice Parliamentary Group the election of the first ever to be selected for safe Labour of half the population is not (APPG) on Prostitution woman Secretary-General of seats to address the entrenched fully represented. All Women’s the Commonwealth, a wonderful gender bias at constituency level. Shortlists worked in the UK for and the Global Sex member of our own House of The increase in women MPs the electoral system we have in Trade; Co-Chair of Lords, who I worked with when following the implementation of place, but quotas are common the APPG on Human we were both government the All Women’s Shortlist policy, elsewhere and examples from Trafficking/Modern ministers at the Home Office. has been a positive force for other countries include increased Two key issues where I think change recognised not just by state media opportunities for Day Slavery. Fiona Baroness Scotland and I Labour supporters, but by the parties fielding good levels of served as a Home made a real difference then other parties too. Although other women candidates. Office Minister and on is in improving awareness of political parties in the UK have Political Parties are important various Committees and action to prevent violence not been as committed to gender agents for change and the against women and also equality as the Labour Party, establishment of the Labour (Health; Children, commissioning Baroness and women’s representation is Women’s Network in 1988 – Schools and Families; Corston’s report on vulnerable asymmetrical with Labour women which is still going – has made a Public Accounts; Public women in the justice system. significantly outnumbering those huge contribution to more women Administration). She I was speaking at the from other parties, they too have being elected to public office by Commonwealth Women’s come up with other mechanisms helping candidates to prepare was also Shadow Forum on a panel discussing to ensure that they too benefit leaflets, practice speeches and Minister for Women ways to address the inequality from more women in the party provide inspirational role models. and Equalities. of representation of women in and in parliament. Having women representatives politics, focusing on the role of I was selected for my at the heart of a political party can
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help to attract more votes. But how do you win the support so your party wants and does things to increase women’s representation? Women who achieve positive change do not necessarily take credit or are recognised for it; however there are so many examples of lives being improved through the actions of inspirational and dedicated women, from equal pay to state-funded childcare (examples from the UK), but these stories need to be told and the qualitative outcomes of women’s political empowerment recognised. Political parties also need to improve the supply of women who want to be in parliament. There are some women who believe they could make a positive contribution but do not do anything about it; and others ever childcare strategy, and skin and certain ‘battle-axe’ with recommendations to make who have the talent but have not shifted many government reliefs characteristics for women. But it more gender sensitive – using considered a career in politics. and benefits from the man’s just as you should not put up the framework established Political parties need to find wallet to the woman’s purse. It with harsh words, you should not by the Inter-Parliamentary these women and make sure is not just about more women, put up with warm ones either Union. I am very much looking that they get everything they it is about what they do. I spoke – in other words being fobbed forward to the publication of need to embark on the journey, to the Clerk of the Defence off. It happens in all parties, but her findings; and furthermore such as mentoring, training and Committee about the difference you have to be aware and be to see if the recommendations all other kinds of support. Those that having women on the prepared to look and act beyond are accepted by the powers of us who have been elected Committee for the first time the rhetoric and think through that be. Perhaps the chances have a duty to invite other since it was established and his how you are going to deliver. have improved following the women to join us: men don’t wait response was enlightening. ‘We Political parties should also recent appointment of two to be asked, but women usually used to talk about how big the play a role in ensuring that female external members to need to hear that someone else bombs were...now we also talk parliaments are places women, the previously all male UK thinks they would be a good about the families of people and men, want to work. The UK Parliamentary Commission. elected representative. who fight’. Women bring to Parliament has lost a number The biggest difference I 101 Labour women were politics a different mind-set. We of talented women because the have noticed between men elected in 1997, dubbed make it more human and we hours, atmosphere and traditions and women in my professional ‘Blair’s Babes’ in the UK tabloid must not forget how powerful are not conducive to the lives life is that men think they are media; but in spite of this sexist that is. Political parties should of working families. We accept qualified to do things, whereas trivialisation of the significance recognise that this is a way of that nobody goes into parliament women need to be invited. of that achievement, many winning votes and find ways thinking it is going to be easy, Women need to be told ‘Come women in the country pinned of communicating that you but there is much more that in, join us, have a go’. Which is their hopes on that photo of get ‘value added politics’ when institutions can do to help – just why most women do not even us all with Prime Minister Tony women are part of it. And it also as any responsible employer think about becoming public Blair, thinking ‘all those women takes all kinds of women. In the recognises. Improvements in representatives until one of will sort it out’. But we did not old days it was women like me the UK Parliament have included our sisters or brothers invites specify what difference we who went into politics – what the opening of an onsite nursery them to have a go. As I said at would make or sort everything I call ‘battle-axes’ – made that and some changes to the sitting the Commonwealth Women’s out, and many women were way by the experience of battling hours, but there is much more Forum, and I will say to those disappointed. Political parties circumstances and situations to be done. Professor Sarah reading this article – men and need to be clearer about what dominated by men. I would like Childs from the University of women – ‘give love to our sisters difference women do and will to think things are different now. Bristol who was with us at the and invite one of them who you make as it is not always in plain But things have not changed Commonwealth Women’s Forum think has the talent to have a go view. In that Parliament, the enough, and unfortunately being is currently undertaking a project at elected office’. Labour Party created the first in politics still requires a thick in the UK Parliament to come up
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CREATING A MORE PROSPEROUS COMMONWEALTH IN BUSINESS Report from the Commonwealth Business Forum
The Commonwealth continues to be a growing opportunities will be a vital part of Business Forum concluded feature of the Commonwealth any solution to these challenges. with a call to double intra- Heads of Government Meeting, Despite the difficult Commonwealth trade to US$1 reflecting the clear priorities economic conditions trillion before 2020 and for of Commonwealth member Commonwealth countries Commonwealth Governments countries of trade, investment, continue to perform better than to support the development of a growth, employment and private the global average, reflecting Commonwealth Green Finance sector led development. the advantages underpinned Facility that will encourage The Business Forum by the Commonwealth values private sector investment into identified a number of areas of democracy, human rights projects that help implement where the Commonwealth can and the rule of law, as well as Lord Jonathan the Sustainable Development increase trade and investment, shared legal systems and the Marland is the Goals (SDGs) and address the and ‘Add Global Value’ across English Language. However, Chairman of the impacts of Climate Change. The our six priority themes of stagnating global trade, increasing Commonwealth Global Goals Commonwealth financial services, technology, dependence on the performance Sustainable Business Challenge infrastructure, healthcare, of the Chinese economy and the Enterprise and was also launched to encourage tourism and sustainability and collapse in commodity prices Investment Council. businesses to engage with and launched five new initiatives to are substantial risks to many His various roles contribute towards the SDGs. increase Commonwealth trade Commonwealth countries, with have included Prime This was the first Business and investment. a number facing increasingly Forum to be organised by the unsustainable debt burdens. Minister’s Trade Commonwealth Enterprise and The Commonwealth and the Sound economic governance Envoy; Chairman of Investment Council (CWEIC). Global Economy and strategies for economic Business Ambassador Established in July 2014, with The purpose of the growth have never been more Network; Minister the intention of creating an Commonwealth Business important and the Commonwealth organisation that was better Forum is not to forecast or Business Forum called for for Energy & Climate able to deliver on the economic make predictions about future enhanced public private sector Change and later potential of the Commonwealth economic performance, but it is dialogue in all member countries for Business. He by adopting a clear agenda for clear that the global economy to ensure continued economic founded Jardine “Creating a More Prosperous faces considerable macro- prosperity and a focus on Commonwealth” with a economic challenges from facilitating trade by improving Lloyd Thompson strong culture of delivery for the worsening global security the business environment in plc, a multinational both member countries and situation, the growing threat member countries – not least by insurance business Commonwealth businesses. The of extremism, unprecedented tackling the pervasive challenge and is Chairman of Commonwealth Business Forum migration and climate change. of corruption. was a clear manifestation of our The CWIEC welcomed the The Business Forum Tickets for Troops intent in this regard. focus on these interrelated issues welcomed the finding that trade and President of The The Business Forum was by the Heads of Government and costs are on average 19% Commonwealth Youth addressed by 15 Heads of believe that they are all areas in lower between Commonwealth Orchestra and Choir Government, 180 Government which the Commonwealth can countries. There is significant and private sector leaders and play a significant role. The role of opportunity to increase amongst many other attended by more than 1,300 Commonwealth Parliamentarians intra-Commonwealth trade roles. delegates from 75 countries. in this endeavour will be essential. and investment and current HRH The Prince of Wales The private sector stands ready calculations predict that also addressed the Business to assist. Improved economic US$502bn intra Commonwealth Forum ahead of the Paris performance, prosperity, trade gains could be achieved if COP21. The Business Forum entrepreneurship and employment all Commonwealth countries were
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to reach UK and Singaporean of economic growth in all levels of trade facilitation. The Commonwealth countries. Business Forum also welcomed Discussions focused on adding the suggestion of a standalone value in tourism and also the meeting of Commonwealth Trade importance of being able to Ministers to focus on these issues. measure the impact of tourism. The Commonwealth Business • Sustainability: Discussions Forum focused on the following focused on the private themes of relevance to all sector’s role in delivering the Commonwealth countries: Sustainable Development • Financial Services: A Goals and facilitating finance Commonwealth wide financial for sustainable infrastructure services programme, in and investment projects. partnership with the City of There was a strong focus London Corporation and on The Blue Economy and Forum welcomed a to improve the business corporate partners, was infrastructure for Island presentation on the environment, through a focus on launched to focus on the States at the Forum. Commonwealth Trade public private sector dialogue, development of financial • Maritime: For the first time a Initiative, an online business accreditation and standards, centres, skills development, special session was held on the collaboration platform improved corporate governance innovation in financial ‘The Maritime Commonwealth’. launched with the support and an anti-corruption services, Islamic Finance and of AMPP Group, and programme. One of the key access to finance. Outcomes recognised its potential for challenges faced by business • Technology: Recognising The Commonwealth Business maintaining and creating leaders in travelling across the the importance of technology Forum saw the launch of a new business connections Commonwealth was highlighted as a driver of future economic number of major projects and between Business Forums. and the CWEIC expressed growth and prosperity, initiatives including: • Commonwealth First: its strong desire for political a CWIEC technology • Commonwealth Green The CWEIC announced it leadership to allow business programme was launched, Finance Facility: The was launching a major new people to travel and work more in partnership with Tech Facility will improve the programme with the support easily within the Commonwealth City UK, to establish the bankability of green projects in of Royal Mail to encourage and the possibility of ecosystem for technology Commonwealth countries by SMEs to leverage the establishing an APEC style based companies in member providing risk cover and credit Commonwealth network Business Travel Card for the countries to flourish with an enhancement in particular for when starting their export Commonwealth. initial focus on the important the Island States. It would be journey. The programme The Commonwealth Business areas of EdTech, FinTech, capitalised initially through will be initially piloted with Forum was a key opportunity Smart Cities, e-Government, sovereign contributions and 100 specially selected UK for collaboration within the Open Data and Innovation. support and then subsequently SMEs over a three year Commonwealth to focus on • Infrastructure: The by issuing ‘Green Bonds’ period. In due course it is developing intra-Commonwealth Business Forum made in order to attract the hoped the programme will trade and investment and on considerable progress participation of institutional be established in other youth entrepreneurship. Over the towards identifying an investors. Its initial size would Commonwealth countries. next two years, the CWEIC will agenda for helping countries be $1 billion, with further be establishing regional offices to plan, access funding and capitalisation over time. A major feature of the across the Commonwealth. An build major infrastructure • The Global Goals Commonwealth Business on the ground presence will help projects – vital for future Commonwealth Forum is the strong opportunity us be more relevant and do more economic development. Sustainable Business for networking and trade and for both our member companies • Healthcare: The Business Challenge: The Challenge investment deals. More than and supporting Governments Forum saw the launch of the aims to encourage all 300 pre-arranged one to one and we look forward to Commonwealth Healthcare companies across the meetings were held at the Forum reconvening the Commonwealth Business Group which will Commonwealth and beyond with countless other interactions Business Forum for the 2018 bring together complementary to consider how they can taking place, as well as 17 Commonwealth Heads of public, private and third sector engage with the Sustainable country and regional investment Government Meeting in London. expertise to help facilitate Development Goals (SDGs) windows held during the Forum. Commonwealth Governments and how they build them into Following the Commonwealth The Commonwealth Business in improving health provision their strategy and the way Business Forum, a number of Forum 2015 took place from 24 and outcomes. they do business. major priorities were identified to 26 November 2015 in Malta. • Tourism: Tourism was • Commonwealth Trade and the CWEIC will be helping Commonwealth Enterprise and identified as a key driver Initiative: The Business Commonwealth countries Investment Council www.cweic.org
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ENGAGING WITH CIVIL SOCIETY IN THE COMMONWEALTH Report from the Commonwealth People’s Forum
Commonwealth Foundation has much wider application. While that issue remains on the colleagues travelled back from The theme also provided an agenda, the Foundation has Malta last November quietly opportunity to acknowledge sought to create new spaces happy with the job that we the leading role that small where dialogue can take place. had done together with our states have had in making the In Malta policy forums were set Maltese partners to bring civil case for resilience, using the up, which brought civil society society organisations together Commonwealth as a platform. and government representatives on the subject of resilience. The complexity of the together. The agendas for these We saw nearly 350 delegates challenges and the consequent interactions were designed by from 44 countries immersed need for sophisticated civil society organisations. These in 19 sessions getting under strategies was reflected in the constructive engagements Vijay Krishnarayan the skin of the concept of outcome statement – The Malta is the Director of resilience over three days at the Declaration on Governance for “In delivering the Commonwealth Commonwealth People’s Forum Resilience. It provided analysis (CPF 2015). and recommendations as well the People’s Foundation. He has An initial sense of having as an annotated record of the Forum, there supported civil society done something good was proceedings. Credit is due organisations in the borne out as the results from here to the team of session were a number Commonwealth over the delegate survey came in. producers, chairs, rapporteurs of successes They scored the People’s Forum and the Chief Rapporteur. the last 25 years. A land- highly – particularly as a space Together they produced a and firsts, use planner by training, for fellowship and learning but focussed document that makes which are worth he has a special interest with the benefit of a few months an important contribution to the recounting. The in the relationship distance it is a little easier to continuing global discussion on appreciate the significance of the inter-relationship between most significant between development the gathering and start to think governance and development. It and the environment. about the implications for the is already being cited (either as a of these was the Before joining the future. whole or its specific sections) as space made for Commonwealth The People’s Forum’s theme an agenda for dialogue by civil was ’What Makes Societies society organisations. policy dialogues. Foundation in 2006, he Resilient?’ and it struck a chord In delivering the People’s For many years spent over a decade with many in civil society. With Forum, there were a number in the Caribbean, ‘resilience’ being invoked at of successes and firsts, which civil society most notably as every opportunity and in every are worth recounting. The most organisations development arena, CPF 2015 significant of these was the Managing Partner for aimed to provide civil society space made for policy dialogues. have been asking the Caribbean Natural with an opportunity to define For many years civil society for room to Resources Institute the term based on the realities organisations have been asking engage directly (CANARI), one of the they witness. The development for room to engage directly with discussion on resilience to date ministers and government policy with ministers region’s sustainable has been confined to economics makers. This call has been loud development think and the environment but the when it comes to the biennial and government tanks. Forum heard that the concept Heads of Government Meeting. policy makers.”
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focussed on transformative voices helped bring substance in promoting and supporting that delivers development and education and Lesbian, Gay, and added a new depth Commonwealth Principles and dignity for all. Bisexual, Transgender and Inter- throughout the agenda. Values. Any objective observer at sex (LGBTI) rights and resulted The question time assembly Reflecting on the the Commonwealth People’s in policy recommendations that that was held between the three Commonwealth People’s Forum in Malta could begin were presented to Ministers. candidates vying to become the Forum as a whole, if there was to perceive that reform of the In turn this meant that the set next Secretary-General of the one overarching message it Commonwealth’s ways and piece dialogue between civil Commonwealth and civil society was on the need for equitable means is underway. These society delegates and Foreign delegates was also a highlight. development. A consistent changes are not waiting Ministers was much more The idea was warmly embraced refrain at the CPF echoed for a report or an expert focussed and constructive that by the Speaker of the Maltese the commitment behind the panel but are being driven they have been in the past. House of Representatives who Sustainable Development Goals by member states that want There was also a new graciously hosted and chaired to leave no one behind. The to see the Commonwealth emphasis on hearing non- the session on the floor of People’s Forum understood add value to democracy and Commonwealth perspectives. Malta’s Parliament. Delegates the ways in which for example development and by civil While encouraging a welcomed the opportunity women, migrants, indigenous society organisation’s that Commonwealth audience and to find out more about the people and LGBTI people are subscribe to its principles. The acknowledging the emphasis candidates’ vision for the not heard or included in policy Commonwealth Foundation is a delegates placed on learning Commonwealth and how each discussions that have a direct willing partner. We look forward we brought new perspectives of them saw civil society. This bearing on their lives. The to working with our member that had not been heard in a was a first and demonstrated Heads of Governments’ 2015 states to make change happen Commonwealth setting. For that the Commonwealth can communiqué is encouraging and to supporting civil society example colleagues from Latin respond to the need to include as is the designation of the organisations putting life in to a America gave insights on a civil society in its political Commonwealth theme for 2016 Commonwealth of the People. colonialism that resonated with processes. It must to stay true as ‘An Inclusive Commonwealth’ Commonwealth listeners and yet to the Commonwealth Charter’s but civil society will continue to added something new. These vision of civil society as partners ask for and expect governance
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SPOTLIGHT ON YOUTH-LED RESPONSES TO NATIONAL AND GLOBAL CHALLENGES Report from the Commonwealth Youth Forum
“At every Commonwealth summit, the ideas and solutions that this young people to economic growth the Youth Forum brings immense generation can offer. across the Commonwealth. dynamism and energy. It’s a hive Delegates called for Accordingly, their declaration of activity buzzing with ideas and governments to prioritise youth stressed the importance ambition… young people are the employment opportunities, and of expanding access to DNA of the Commonwealth” – to empower young people to entrepreneurial training, Kamalesh Sharma, outgoing partner and lead in processes technical and vocational Commonwealth Secretary- of peace-building and climate training, and technology. General change adaptation. They also Other key recommendations developed an action plan for were the adoption of national The curtains have closed on themselves, containing concrete youth employment plans, the Katherine Ellis the 10th Commonwealth Youth initiatives that they will lead, development of programmes is Director of Youth Forum (CYF) in Malta, held individually and collectively, on to facilitate easier access to Affairs at the under the theme Adding Global return to their home countries. start-up finance for aspiring Value…#WhatNext? Issues of inclusion and social entrepreneurs, and the Commonwealth During the Youth Forum, held cohesion weighed heavily on the establishment of national and Secretariat. She from 21-25 November 2015, minds of participants, and this regional youth innovation centres. leads a team with 200 young people from across concern was reflected in several The majority of Commonwealth responsibility for the Commonwealth engaged of their policy recommendations. countries are Small Island in substantive debate on issues In particular, they urged developing states, and for them, supporting the of economic, environmental, governments to facilitate an climate change is perhaps the Commonwealth’s social and political development, enabling environment in which most fundamentally dangerous 53 members on culminating in a call for action youth actors and youth-led threat that they face. For this the social, political that encapsulated their concerns, organisations were supported reason, and with COP21 in Paris priorities and recommendations. as partners in initiatives aimed at immediately succeeding the and economic As the first major gathering countering violent extremism. Forum, the challenge of climate empowerment of of Commonwealth youth They also urged authorities change and environmental young people aged leaders since the adoption of the to recognise the existence of sustainability received extensive 15-29 years. The Sustainable Development Goals, young people’s human rights, discussion during CYF. CYF was an opportune moment by introducing programmes Young people called on leaders Commonwealth’s for young people to come together and policies that provide to commit to achieving a 100% youth development to discuss and find consensus on social protection to all young renewable energy future with work includes key priorities for themselves and people, especially those from sustainable energy access for youth policy, youth the societies in which they live. marginalised backgrounds. all, and to implement or enforce The Youth Forum is always On economic matters, high legislation and policies relating networks and the a highlight of the CHOGM levels of youth unemployment and to climate change. Recognising use of sport for activities – at no other time in the a lack of decent work opportunities the inherent link between climate development and Commonwealth calendar are the for young people were forefront mitigation strategies and youth peace. voices of our young people heard in delegates’ minds. They noted employment, youth leaders also so clearly. At the end of each that under-employment and asked that support be given to staging, I walk away more inspired unfair working conditions could young entrepreneurs to create by the inventiveness and ingenuity lead to social exclusion and climate-smart social enterprises on display. This CYF was no marginalisation, and acknowledged and to access opportunities in the different, and will be remembered the enormous contribution of ‘Blue Economy’. as an impressive showcase of employed and entrepreneurial Despite the many strides
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commitment to promoting youth development, which has given us engagement and empowerment. a significant position in this global A coalition of national youth space. We remain one of the councils and other youth-led civil few international organisations society bodies, the CYC is the that convene summits such official representative voice of as CYF, and we have been a the 1.2 billion young people in the leader in ensuring authentic Commonwealth. youth participation with Ministers It works to mobilise the and Heads of Government in voices of young people and Commonwealth meetings. advocates their integration At the macro level, our work into the development work is aimed at shifting the mind- of the Commonwealth at sets of decision-makers who can made in the education sector, one of our institutionalised national, regional, and pan- help effect the systemic change there remain obstacles in platforms for youth leaders Commonwealth levels. It also that will create permanent, regards to access and quality to access decision-makers at provides a sustainable platform self-sustaining mechanisms for of education. Additionally, many the highest levels. There is the for unified engagement with youth development. With that young people are not acquiring Youth Dialogue with Heads of decision-makers and youth-led in mind, the 2015 Youth Forum the relevant skills they need for Government at CHOGM, Youth development initiatives. may possibly be remembered the changing labour market of Leaders Forums at Youth and In just two short years, the as a pivotal moment in the future, and transitions from Educations Ministers Meetings, CYC has become a trusted the Commonwealth youth education to full-time work are and inclusion in official partner of the Commonwealth development timeline. becoming more challenging. delegations to key global and Secretariat and other At the concluding press Consequently, a plea was regional meetings. organisations with a focus conference of CHOGM, made for member states to Young people deserve a seat on youth development. It has Kenyan President Uhuru extend access to free universal at the proverbial table, and the become a leading voice for Kenyatta highlighted the Heads’ early childhood, primary, recognition and resources that young people’s interests globally, participation in the CHOGM Youth secondary and tertiary education this presupposes. A large part of helping to ensure that their Dialogue, focused on engaging of the highest quality. Participants our work focuses on supporting aspirations are represented and young people and increasing youth also appealed to governments them to design and drive youth- heard, and that practical action is participation in the Commonwealth. to prioritise gender responsive led initiatives. We understand taken to meet their needs. In that same interview, Ghanaian policies, and to create and/ that global development The CYC, and the other President John Dramani Mahama or enforce legislation for the goals can only be achieved by Commonwealth youth networks, revealed that during their retreat, treatment and support of mental utilising the creative power and are an invaluable resource Heads of Government had health issues among adolescents capabilities of our young people. that must be tapped by policy- discussed the importance of and young people. In light of this, we have makers and decision-makers. increasing the involvement of One clear message that helped youth leaders in Asia, These networks are already young people in decision-making resonated at CYF is that young Africa, the Caribbean and driving significant projects, and national development. people are ready and able to Americas, the Pacific and such as climate change For so long, we have heard lead change on the challenges Europe form regional and global recommendations to CHOGM the rhetoric about young people that affect them. It is therefore connections, build knowledge and COP21, and legal support to being the leaders of tomorrow. imperative that they are and capacity, and unite and national students associations. However, there now seems to be adequately resourced and allowed amplify their voices through These young activists are growing awareness of them as opportunities to contribute, in the establishment of multiple leading real change in their active leaders of today, who are order to fulfil their potential as youth networks on themes communities, regions, and even important drivers of development, assets to national development. such as entrepreneurship on the international stage. Their democracy and peace. At CYF, In the Commonwealth, the (Commonwealth Alliance technical expertise, combined youth leaders pledged their meaningful inclusion of young of Young Entrepreneurs), with their youthful creativity and support as stakeholders for the people is not just a talking education and students’ rights energy, provide a refreshing economic, environmental, social point – it is something that we (Commonwealth Students perspective and approach to and political development of our promote at all stages of our work. Association), climate change doing things. We would be wise to countries and the Commonwealth To us, empowerment means (Commonwealth Youth recognise them, and the millions of as a whole. A prosperous creating and supporting enabling Climate Change Network), and outstanding young people in the Commonwealth will be one in conditions, under which young democracy and participation Commonwealth, as the vital and which they are included as true people can act on their own (Commonwealth Youth Council). valued investment that they are. partners in development, able to behalf, on their own terms, rather The Council (also known as For over 40 years, the advance shared values and fulfil than at the direction of others. the CYC) was first established in Commonwealth has had a their potential as change-makers. The Youth Forum is only 2013, and is tangible proof of our dedicated focus on youth
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COMMONWEALTH YOUTH PARLIAMENT CYP7: NORTHERN TERRITORY STYLE Welcoming 50 Youth Parliamentarians from 27 countries to the 7th Commonwealth Youth Parliament
The seventh Commonwealth Members and Guests Lounge Administrator of the Northern Youth Parliament (CYP7) at Parliament House on Sunday Territory, His Honour Mr John commenced in Darwin, in the 1 November before the youth Hardy OAM. His Honour Northern Territory of Australia parliamentarians commenced represents the Crown in our on a hot steamy tropical Monday in earnest for the week the next jurisdiction on behalf of the on the 2nd November 2015 morning. Governor-General of Australia. with delegates from Australia, It was an exciting time His Honour commenced the Canada, India, Asia, the Pacific, for youth parliamentarians session with the usual Speech Africa, South America, the and for us welcoming young from the Throne outlining the Caribbean and the United people from all corners of the course of his government’s Kingdom coming together to Commonwealth. They made agenda for the sittings of the Hon. Kezia Purick form the Commonwealth Youth good use of our parliamentary 2015 Youth Parliament. MLA is the Speaker Parliament as it convened in chamber for their debates and This procedure emulates to Australia for only the second it was a terrific opportunity for some extent the formalities of of the Legislative time. my home Parliament to show Westminster tradition where Assembly of the The Northern Territory off our facilities, our city and the the sovereign attends to open Northern Territory, was very pleased to hold this considerable abilities of a small each new session of Parliament, Australia. Previously event after nominating for remote jurisdiction all at the which in the Northern Territory and being chosen as the host same time. Assembly occurs once every she was head of the parliament for CYP7. Young four years when the Assembly Northern Territory’s people aged 18 to 28 met Day One: Speech from the convenes for the first time after resource industry as youth parliamentarians, Throne an election. group. She was first debated legislation, experienced The first day commenced with His Honour said (in part): “I committee life, got a close the inaugural briefing and elected to Parliament welcome all of the Members of look at politics and met sitting familiarisation for the youth this parliament to the Legislative in 2008 and re-elected members of Commonwealth parliamentarians followed Assembly to conduct your in 2012 when she Parliaments. by the Acting Secretary- business over the coming days. was also elected as As Speaker of the Legislative General of the Commonwealth This seventh Commonwealth Assembly in the Northern Parliamentary Association, Mr Speaker. Kezia Purick Youth Parliament - known as Territory, I was privileged to Joe Omorodian’s enthusiastic CYP7 - is a collaboration by all has attended CPA welcome the best from around welcome to all delegates where of its Members from around the conferences in Kenya, the Commonwealth of Nations he outlined the benefits and Commonwealth. You have been Samoa, New Zealand to take part in this event in goals of the Youth Parliament drawn together in this parliament Darwin as they engaged in Programme. This was followed to consider important matters and Australia and is a very busy and rewarding by a presentation and question and pass laws for the peace, currently on the CPA programme, one which was full and answer session on the order and good government of Executive Committee of firsts. foundations of Westminster by this jurisdiction. My Government as a Regional We commenced with an Mr Michael Tatham, the Clerk of will be focusing on the wellbeing informal welcome for all youth the Northern Territory Assembly. of all to ensure access and equity Representative for the parliamentarians, mentors, The session of CYP7 was is a hallmark of their exercise Australia Region. colleagues and friends in the then officially opened by the of executive power…. In my
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Government’s deliberations, the you to take on this challenge and Assembly, Hon. John Elferink Above: Participants, mentors views and long-term interests discharge your accountabilities MLA, on behalf of the Northern and resource people for the of Indigenous people will be transparently, honestly, and Territory Government which 7th Commonwealth Youth a key consideration. Progress with integrity. Speaker and was held at a local venue called Parliament at the Legislative will be made in the key areas honourable members, I wish Crocosaurus Cove where Assembly of the Northern of law and order, the economy, you well over the next four days youth parliamentarians got up Territory, Australia. business, education, and health, and will now leave you to your close and personal with live but this is only the beginning. important deliberations.” local estuarine (saltwater) and officers had sourced from the My government understands Prior to their arrival in Darwin, freshwater crocodiles. Darwin professional community the pressure young people are the youth parliamentarians had to comment on the proposed under from the high cost of living self-nominated to be either Day Two: Mentors and Youth legislation. and the high cost of housing. in the Conservative Party, the Parliamentarians at Work A senior lecturer in law and My government will introduce Progressive Party or to be Day two commenced with a specialist in human rights from an innovative approach to independent members. session on the operation of Charles Darwin University, Mr secure meaningful employment On the basis of their Committees followed by a Jeswyn Yogaratnum sharply opportunities. In order to achieve nominations, the Parliament Scrutiny Committee hearing into critiqued the legislation as being these goals my Government will commenced with a Conservative the Charter of Human Rights inadequate. A senior policy introduce legislation which will Government with 24 members, Bill which was being proposed officer from the Department of implement a Charter of Human a Progressive Party Opposition in the Assembly for debate and Attorney General and Justice, Rights and Responsibilities in with 22 members and 4 passage. Ms Ros Chenowith provided a this jurisdiction for the first time. independent members. The Bill had been drafted detailed policy briefing on the The Charter will be underpinned Day one was a day of settling by the Northern Territory drafting and content and how by legislation which shall require in and a few nerves for some Parliamentary Counsel on the draft Bill was designed consideration of measures to of the Youth Parliamentarians, instruction that it have some to meet the Government’s ensure the wellbeing of youth but these were soon overcome aspects which might lead to intentions. Two experienced and the preservation of dignity. as the day progressed and questions and accommodate solicitors, Ms Emma Farnell and My Government will work to immediately after the Speech amendments being moved and Mr Dominic Gomez from Ward reduce and eventually eliminate from the Throne the Assembly encourage broad debate on the Kellar lawyers, one of Darwin’s discrimination which impacts adjourned in order to undertake policy proposal underpinning large law firms, provided input upon participation in work, further information and the Bill. The intent was to have from the point of view of local sport, social and community education workshops to prepare these matters focused on in the legal practitioners. life and access to services by for day two. Committee hearings and this The Law Society of the our citizens…In conclusion, This first full day of CYP7 eventuated. Northern Territory provided honourable members, you have events was followed by a Youth committee members welcome assistance to my been tasked over the next four welcome from the Leader of convened in the Assembly’s officers identifying and sourcing days to deliver by representing Government Business in the committee rooms and examined these witnesses and the value the best interests of all. I charge Northern Territory Legislative witnesses who my parliamentary they added to the committee
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hearings was very beneficial Ms Rebecca White MP from the many years. presided over a sometimes in providing real life witness Tasmanian House of Assembly; This was another valuable emotional debate which resulted examination experience for the Ms Lauren Moss MLA, a Member experience where learning in the defeat of the Conservative scrutiny committee process of the Northern Territory how convention and day to Government on a motion of no relating to a Bill for debate. Legislative Assembly; and Ms day practice and procedures confidence and the formation of During the afternoon of day Susan Sourial, Committee Clerk develop and influence the way a new government. The result two, both the youth government of the Legislative Assembly that parliament works in each lead to a walkout by the now new and youth opposition debated of British Columbia were all in jurisdiction came to the fore. opposition members. motions and a former Speaker attendance working hard day The second evening of events In the normal course of of the Legislative Assembly took and night. included an official welcome events, the Assembly in the the Chair to provide guidance They collaborated with function at Government House Northern Territory would be during these sessions. The and guided the youth overlooking Darwin Harbour in hiatus in a ‘no confidence Speaker from 2005 to 2012, parliamentarians and coached where the Youth Chief Minister period’ where either party or any Hon. Jane Aagaard gave the them on procedure and tactical thanked His Honour the grouping could seek to form a youth parliamentarians the matters over the life of CYP7 Administrator of the Northern government on the floor for a benefit of her experience and and their efforts were much Territory on behalf of the period of eight days before the yet another perspective for youth appreciated by all. youth parliamentarians for his Administrator would consider parliamentarians to interact Their invaluable contributions hospitality. the option of calling an election, with an experienced former brought to the experience a however given the nature of parliamentarian. range of differing backgrounds Day Three - A Change of the timeframe for CYP7, it was One of the great experiences leading to lots of healthy Government accepted that the numbers had of a Youth Parliament is the and engaging debate and By day three the youth changed and the government nuance and discovery that questioning for many participants parliamentarians were ready to had as well. comes with each new jurisdiction about how and why things within debate the Charter of Human My Clerk and his officers hosting the event. Westminster settings are done in Rights Bill, but before that have received some interesting The participation of mentors similar, but also in different ways. occurred, a majority of the youth feedback concerning this and advisers such as a former Many of the youth parliamentarians sought an aspect of the proceedings with Northern Territory Assembly parliamentarians also brought unscheduled special morning some delegates expressing Speaker, serving Members of divergent local experiences sitting to consider a motion of no disappointment that ‘politics’ the Northern Territory Assembly, from their home jurisdictions confidence in the government. got in the way of being the Clerk and senior officers and enthusiastically compared, I started out above saying that parliamentarians. of the Assembly and our team questioned and considered there were many ‘firsts’ at CYP7, I take the view however, that of valued mentors meant we the procedures at play as we and apart from being in touch this display of tactics are a part had a rich variety of divergent used the then existing Northern with local crocodiles, another of the learning experience of experience coming from the Territory Assembly Standing first was that a CYP government being a parliamentarian and same Westminster foundations. Orders as the basis for our CYP7 was defeated on the floor of the that disappointment is inherent Mr Gavin Shuker MP from the procedure. House. to parliamentary practice. The House of Commons; Mr Drew This enthusiasm lead to As the result of the prior Westminster experience is Smith MSP from the Parliament some amusing moments where self-nominating process, the characterised by members of Scotland; Hon Akierra Missick, Youth Parliamentarians cited Conservatives had the most acting in a political manner and Deputy Premier of Turks and infrequently used Standing members of a single party but in fact, this was a very valuable Caicos; Mr Gareth Ward MP from Orders which were not upheld were in minority government with experience for the CYP7 the New South Wales Legislative by the Chair by virtue of local independent members holding participants all round. Assembly; Hon. Don Harwin practice and convention where the balance of power. The Clerk briefed me on MLA, President of the New these have been liberally It was reported that overnight these matters before the South Wales Legislative Council; interpreted and read down over on Tuesday evening some old afternoon when it was my turn fashioned political horse-trading to assume the Chair as Speaker took place amongst some of the of the Youth Parliament. I was a youth parliamentarians and in little fearful that the morning’s the spirit of political manoeuvring acrimony and disappointment inherent in Westminster style might manifest itself in the parliaments, particularly in afternoon proceedings but Australia in recent years, the to the credit of all youth dynamic on Wednesday morning parliamentarians they proceeded had changed. with a mature and intelligent The Northern Territory debate and I was delighted Assembly’s Clerk assumed the at the level of order and good Chair as Acting Speaker and procedural practice I witnessed
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and was thankful for a very civilised parliament. While I was in the Chair the youth parliament considered the Charter of Human Rights Bill during debate and on the following day amendments were proposed during a committee of the whole stage. A very interesting aspect of the debate was that the government was promoting the passage of a bill that had been introduced by the previous government when the now government members were in opposition. This resulted in some interesting matters being raised by members, however the bill passed the following day after reasoned amendments population turnover; high cost of the Northern Territory News and Above: Participants at the were made and the youth living; indigenous literacy rates, Ms Lorelei Fong Lim, the Media 7th Commonwealth Youth parliamentarians provided road traffic caused by a lack of Advisor to the Northern Territory Parliament in the chamber of compelling reasons for their infrastructure; backlogs of cases Minister for the Environment, the Legislative Assembly of the positions in both the debate and in the judicial system; carbon Sport, Recreation and the Arts to Northern Territory, Australia. the detailed scrutiny process. emissions, remote location participate on a panel to discuss By mid-week the youth education; marriage equality; parliamentarians, politicians and especially Ms Arlene Bussette, parliamentarians were hungry transgender discrimination; the media. to bring together a rich and for the Secretary-General’s healthcare; mental illness and This session was very well rewarding event. official dinner which was hosted indigenous health matters. received and we were very While we are a small on Wednesday evening by Points of order were raised privileged for a senior ministerial parliament of only 25 members, our colleagues from the CPA concerning relevance or lack staff member and a senior with the help of the CPA Secretariat and held in our dining thereof and the use of disorderly practising journalist to spend Secretariat and so many others, room at Parliament House. words. The transcripts for the so much time with the youth we welcomed and watched A fun night was had proceedings of CYP7 may be parliamentarians providing flourish a truly dynamic group of where youth parliamentarians found at the Northern Territory candid views and stories of young dedicated people. rebuilt some of the fractured Parliament website. experiences thus allowing the My thanks to all our relationships which had emerged During the course of the youth parliamentarians to make mentors for their dedication during the more heated political week, the youth parliamentarians excellent use of the session. and hard work in ensuring that machinations of the earlier were made available for media CYP7 was a very fulfilling participation was at a constantly proceedings in the day. interviews with local journalists experience, not just for the youth high level and providing tips attending some of the early parliamentarians but also for the and pointers on debate, political Day Four - Question Time and sessions and the Darwin radio mentors, our invited guests from matters, and parliamentary the Media station from the Australian the media, academia, the legal procedure. Of course I must By day four, delegates were Broadcasting Corperation (ABC) community and the Northern thank the youth parliamentarians ready for Question Time before conducted a live interview with Territory Government who themselves who brought so returning to conclude the third the Youth Chief Minister and assisted with the programme much energy and intelligence reading debate on the bill. Youth Leader of the Opposition and also for the Clerk; his Deputy along with their enthusiasm. Question Time was in their studio midway through Clerk, Ms Marianne Conaty; I hope our experience in the characterised by matters which the week to give listeners an the First Clerk Assistant, Mr Northern Territory of Australia will be familiar for many readers update on how CYP7 was Russell Keith and the Northern will encourage other jurisdictions of The Parliamentarian as many proceeding. Territory Legislative Assembly’s to host future Commonwealth of these issues are raised from On the final afternoon of the Serjeant at Arms, Mr Ben Youth Parliaments as I can time to time and sometimes CYP7 programme, we invited a Harris who worked closely with guarantee an overwhelmingly daily as we go about our normal local representative of the media, his colleague officers of the positive experience will be had business of representing Ms Alyssa Betts a senior reporter Northern Territory Legislative by all. Just let me know, and I will constituents. for ABC television and a former Assembly and our colleagues at be happy to help. The matters raised were: journalist for the daily newspaper the CPA Secretariat in the UK,
The Parliamentarian | 2016: Issue One | 55 CO-OPERATION BETWEEN SMALL JURISDICTIONS: THE EXPERIENCE OF THE ISLE OF MAN CO-OPERATION BETWEEN SMALL JURISDICTIONS: THE EXPERIENCE OF THE ISLE OF MAN
Thirty-two years ago as a a dependency of the British pleasing in recent years is the new member of the Executive Crown and relies on the United extent to which we have been Committee of the Isle of Kingdom for foreign affairs and able to build on contacts made Man Branch of the CPA, I defence. Internally, however, it at conferences to develop was privileged to have the retains its own unique system stronger links between small opportunity to take part in of government based on the jurisdictions – links which have the 30th Commonwealth world’s oldest parliament in gone beyond dialogue and Parliamentary Conference, continuous operation, known as grown into different forms of which was hosted by the Isle Tynwald. practical support for one another’s of Man in 1984. This was a Tynwald has 35 members parliamentary systems. Where memorable experience in many in total and is made up of two economic and environmental Hon. Clare ways, not least because it Branches: the 24-strong House matters are concerned, it is Christian MLC was incorporated the fourth Small of Keys, which has been directly a fact of life for many small elected President of Branches conference. elected since 1866; and the jurisdictions that our relationship At that time the event was 11-strong Legislative Council, with a larger neighbour is a Tynwald in July 2011 known as the Conference most of whose Members are predominant concern. Within having served as a of Members from Small today indirectly elected by the the sphere of parliamentary Member of the House Countries, with “small” being House of Keys. practice and procedure, however, of Keys from 1980 to defined as having a population Readers from other small the same is not the case. On of 250,000 or fewer. Today Branches will be only too paper there may be much to 1986 and a Member the population threshold is aware that political life in a learn about the parliaments of of the Legislative 500,000 and the event is known small jurisdiction has many the United Kingdom and other Council from 1993 to as the Conference of Small advantages, but also many large jurisdictions, but in practice 2011. She is a former Branches. This name is more challenges. there is a limit to how much of appropriate because not all Small Throughout my political that learning we can successfully CPA Isle of Man Branches represent “countries”. career I have taken great apply on a smaller scale. When Branch Executive Some represent subnational strength from the opportunity we look to jurisdictions of our own Committee Chairman, legislatures, a category which to share experiences, both size, by contrast, we are much a former CPA Regional has been admitted ever since the positive and negative, with more likely to find ideas which will inaugural event in Fiji in 1981. colleagues from other small be of direct use back home. Representative and Branches. Important frameworks Perhaps the most high profile a Trustee of the CPA The Isle of Man for such discussions have been form of support which we can Working Capital The Isle of Man is both a small provided by the annual Small give or receive, which goes to the and Conference Branch of the CPA and a Branches Conference and by heart of the democratic process, small country, with a census the annual regional conference is assistance with the process of Assistance funds. population in March 2011 of of the British Islands and elections. In June 2015 it was 85,716. Lying mid-way between Mediterranean Region of the therefore with particular pride that Great Britain and Ireland, it is not CPA. a Manx politician, the Speaker of and never has been part of the the House of Keys, Hon. Steve United Kingdom. Political support Rodan SHK led an Election Since 1765 it has been What has been particularly Observation Mission (EOM) to
56 | The Parliamentarian | 2016: Issue One CO-OPERATION BETWEEN SMALL JURISDICTIONS: THE EXPERIENCE OF THE ISLE OF MAN
the British Virgin Islands (UK) Another post-election and decades sought to develop Above: Hon. Clare Christian organised by the British Islands initiative was a visit by Hon. the financial sector of their MLC, President of Tynwald, and and Mediterranean Region of the Shirley Osborne, Speaker, and economy. Hon. Steve Rodan SHK, Speaker CPA. This followed a previous Mrs Judith Baker, Clerk, from Since 2009 the Isle of Man of the House of Keys, with Mr Joe Election Observer Mission to the the Legislative Assembly of has led the way in bringing Omorodion on behalf of the CPA British Virgin Islands in November Montserrat, who we welcomed together, under the auspices of Secretariat, welcome delegates 2010 on which another Manx to the Isle of Man in September the Small Countries Financial to the CPA Small Branches politician, Mr Alex Downie OBE 2015. They came to us as part Management Programme, Committee Workshop, Douglas, MLC, had served. of a week-long programme officials from finance ministries, Isle of Man, in August 2015. After an election, the real organised by the British Islands central banks, and regulatory Photo credit: Paul Dougherty, work of a Parliamentarian begins, and Mediterranean Region bodies in small developing Tynwald Seneschal. with elected members often which also included time at countries for a two-week receiving precious little support Westminster. We were glad executive education programme Jersey, Northwest Territories, or training. In a small jurisdiction to be able to work with our designed to stimulate fresh Scotland, Tristan da Cunha, the difficulty of “hitting the regional secretariat and to be approaches to the challenges Turks and Caicos and the UK ground running” is likely to be able to arrange a balanced they and their countries face. Parliament at Westminster. exacerbated by a lack of support and co-ordinated overall The Small Countries Our training programme structures and mechanisms, and programme which included both Financial Management for parliamentary staff has a scarcity of resources such as Westminster and the Isle of Programme is primarily aimed at been particularly successful parliamentary or political staff. Man. This is an approach which those working within executive for parliamentary personnel For that reason I was pleased I would very much like to see government (although the from small and developing that the Isle of Man was able to more of in the future. There is legislature and the judiciary jurisdictions. It can be tailored to support a post-election seminar no reason why visits from small also have an important part to meet the needs of the individuals run after the July 2013 election Commonwealth parliaments to play in financial management). attending and combines both in St Helena with the aim of Westminster should not include On the parliamentary side theoretical instruction and strengthening and promoting a visit to the Isle of Man as a too, officers can also learn practical experience of working good governance through matter of course. from international exchange in a parliamentary setting. providing a framework from programmes. In recent years Delegates normally spend which newly elected members Training and development we have hosted multilateral between two and five working could work. Our representative of officers conferences for British and days with our office. For longer was Mr Tim Crookall, who was It is not only politicians who have Irish clerks, official reporters programmes we are usually able at that time a Member of the much to learn from one another, and researchers and librarians; to arrange one or more days for House of Keys and who has but also officers. For example, and we have welcomed bilateral cultural activities. since become a Member of the many small Commonwealth visits of officers from Denmark, Thanks to the benefits Legislative Council. jurisdictions have in recent years the Falkland Islands, Guernsey, of modern technology small
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Islands, the Cook Islands, Parliamentary Committees as Guernsey, Jersey, Maldives, a Mechanism for Improving the Northern Territory, Northwest Efficiency of Small Parliaments’. Territories, Prince Edward Island, This may seem like a case of the Seychelles and Tasmania déjà vu but in reality it illustrates as well as from the Isle of Man one simple truth: that, as the itself. This workshop built on the parliaments of small jurisdictions, Small Branches Conference but we have so much to learn also allowed us to focus in more from working together. As the depth on the particular issue of oldest parliament in the world committee work. in continuous operation (if not, The system of parliamentary in today’s world, the smallest) committees in the Isle of Man Tynwald recognises this truth has come a long way in recent and will always be ready to play years and the same will be true its part. of many other Small Branches. Nevertheless there remain considerable challenges in operating an effective Public Below: Hon Shirley Osborne, Above: Mrs Ellen Callister, Head sharing of information between Accounts Committee and other Speaker of the Legislative of Hansard in the Office of the jurisdictions. parliamentary committees. Some Assembly of Montserrat and Clerk of Tynwald, operates the of these challenges are universal Vice-Chairperson of the CPA voice recognition system in the Parliamentary Committees but others are, and always (second left) and Mrs Judith Legislative Council Chamber, In August 2015, the Isle of have been, unique to small Baker, Clerk, visit Tynwald Hill Isle of Man. Photo credit: Paul Man Branch of the CPA was jurisdictions. in the Isle of Man with Hon. Dougherty, Tynwald Seneschal delighted to have the opportunity Indeed, if I may end where Steve Rodan, Speaker of the to collaborate with the CPA I began, at the Fourth Small House of Keys (second right) Secretariat in the organisation Branches Conference in the and Dr Jonathan King, Deputy jurisdictions today can even of a Small Branches Committee Isle of Man in 1984, the second Clerk of Tynwald. Photo credit: provide parliamentary services Workshop, with participants session on that occasion was Paul Dougherty, Tynwald directly to one another. The from Bermuda, the Cayman entitled ‘The Utilization of Seneschal. foremost example of this is the network of international co-operation which we have built up in the field of parliamentary reporting, also known as Hansard services. The Speaker of the House of Keys, Hon. Steve Rodan SHK wrote in The Parliamentarian in 2008 about the pioneering voice recognition system which is used in the production of official reports of Manx parliamentary proceedings. Since then we have extended our Hansard operation by undertaking work for the legislatures of Alderney, Gibraltar, Guernsey and Sark, with discussions also underway with a number of other jurisdictions. These developments, which have brought tangible benefits to all concerned, would most certainly not have taken place, had it not been for the opportunities afforded by the CPA for the
58 | The Parliamentarian | 2016: Issue One ISLE OF MAN CELEBRATES COMMONWEALTH ANNIVERSARY
Commonwealth 50th anniversary celebrated in stamps from Isle of Man
For the first time in postal history, 27 postal administrations within Coins, Isle of Man Post Office was the brainchild behind the the Commonwealth have come together to produce a unique project. She said: “It is unprecedented for 27 independent postal stamp sheet to mark the 50th anniversary of the Commonwealth administrations to come together and produce a sheet of stamps. Secretariat and the role of Her Majesty The Queen as Head of The principle of the sheet is that, like the Commonwealth, each the Commonwealth. A framed set of the sheet of stamps was participating nation is equal. Participating postal administrations presented by Maxine Cannon of the Isle of Man Post Office to include Kenya, New Zealand, Antigua, Barbados, Tanzania, St Commonwealth Secretary-General Kamalesh Sharma at the Kitts, Tokelau, Turks and Caicos, Ghana, Grenada, Zambia, Tuvalu, Commonwealth Heads of Government Meeting in Malta. Sierra Leone, Falkland Islands, Cook Islands and Tristan de Cunha. On receiving the stamp sheet, Mr Sharma stated: “I am delighted It’s been a delight to work with our colleagues in all corners of the to receive these stamps from the Isle of Man Post Office on behalf Commonwealth to bring the stamp sheet, the first of its kind in of the participating countries which are spread throughout the postal history, to life. It is also an honour that it has been endorsed Commonwealth. The stamp sheet clearly demonstrates the affection by the Commonwealth Secretariat” she added. they all have for HM The Queen Head of the Commonwealth. These The Commonwealth stamp sheet was launched on Friday countries are to be congratulated in their efforts to bring this project 27 November at the opening of the Commonwealth Heads of to fruition in the year we are celebrating the 50th anniversary of the Government Meeting. Visit the Isle of Man Post Office website for Commonwealth Secretariat. In the year HM The Queen became the further information: longest reigning monarch, Her Majesty remains well respected and https://www.iompost.com/stamps-coins/collection/the-50th- long may she remain the Head of the Commonwealth.” anniversary-commonwealth-secretariat-sheet/ Maxine Cannon, General Manager of Isle of Man Stamps &
The Parliamentarian | 2016: Issue One | 59 THE FIGHT AGAINST CORRUPTION: THE ROLE FOR PARLIAMENT
THE FIGHT AGAINST CORRUPTION: THE ROLE FOR PARLIAMENT
New Zealand proudly stands in New Zealand to ensure we This index gave the NZDF very as one of the least corrupt retain focus on these important high marks for strong integrity countries in the world. issues. And the Government systems across every risk Independent corruption has taken a number of steps area: personnel, procurement, watchdog Transparency to reduce the possibility of operations, political and finance. International ranked New corruption infiltrating our The NZDF received an ‘A’ Zealand, in their Corruption systems. rating for being non-corrupt, Perceptions Index, as the fourth A notable recent success with the only other defence least corrupt country last year was the passing of anti-match force to achieve this high (a slight drop of two positions fixing legislation. Our sporting rating being that of the United from 2015 - when New Zealand culture of fair play has stood Kingdom. Given defence forms Paul Foster-Bell was second placed with a New Zealand teams in good a much larger proportion of MP is a New Zealand rating of 91, Denmark having stead. The world champion government spending for many achieved a score of 92). We All Blacks in rugby union and Commonwealth states than National Party List were placed first equal in 2014, the Black Caps, our national it does for New Zealand, this Member of Parliament again alongside Denmark. But cricketing team, are both area could present particular based in Wellington despite being rated as the least regarded as being honourable opportunities for reduction in Central, currently corrupt Commonwealth country and decent, as well as highly corruption for those willing for a number of years, there still successful in their respective to address bribery in military serves as Deputy remains work to be done. codes. procurement in particular. Chair of the Education In the wake of the FIFA Another area where New and Science Select Showing leadership corruption scandal, and Zealand perhaps lagged behind, Committee and is Leadership from the top levels is allegations of cricket match- but has recently caught up, was required to ensure corruption is fixing levelled in courts in the ratification of the United a Pacific Regional rooted out. In our local context, London, it is positive that we are Nations Convention Against Representative on the Transparency International’s now one of only three countries Corruption, after twelve years Executive Committee New Zealand branch boasts to have passed legislation to of consideration. Finally joining of the Commonwealth former Kiwi Parliamentarian, bring in penalties specifically 177 other signatories to the Minister of Foreign Affairs, designed to target corruption agreement, New Zealand has Parliamentary Deputy Prime Minister and in sports at all levels. This helps now made a legally binding Association (CPA). Commonwealth Secretary- cement the positive perception global commitment to address General Sir Don McKinnon as of our teams and their players. corruption in both private its patron. Similarly, New Zealand has business and the public sphere. Our former Governor- been recognised as having the Omnibus legislation General, Sir Anand Satyanand, least corrupt defence force comprising 15 separate bills sits on the board of the in the Asia-Pacific Region. related to organised crime, international body. We are A 76-question government money laundering and anti- also currently looking to defence anti-corruption index corruption were passed by the re-start a Global Organisation in late 2015 showed the New Zealand Parliament in of Parliamentarians Against New Zealand Defence Force November 2015, with cross- Corruption (GOPAC) branch (NZDF) leading our region. party support. This legislation
60 | The Parliamentarian | 2016: Issue One THE FIGHT AGAINST CORRUPTION: THE ROLE FOR PARLIAMENT
strengthened the law to these laws to maintain the clerks’. In 1912, William Above: The Parliament building combat organised crime and transparency, probity and Massey’s conservative Reform in Wellington, New Zealand. corruption, both domestically accountability in the public Government, which had just and with New Zealand firms sector is a key determinant in been elected to office, lived operating overseas. Earlier our countries’ successes, or up to its name and introduced in the year, New Zealand failures, at combating corruption. the Public Service Act as one our Australian cousins, their significantly improved its of its very first reforms. This freedom of information regime ranking in the Organisation for A trusted public sector law ended political patronage was introduced in the same year Economic Co-operation and According to successive in public sector appointments, as ours. Development (OECD) Exporting Transparency International introduced promotion based The net effect of this ongoing Corruption review. This is largely indices over the past two on merit, brought greater legislative change has been attributable to building systems decades, New Zealand has accountability for the efficient movement towards a state allowing greater evidence of long boasted one of the use of public money, strictly which spends taxpayers’ money detection, investigation and world’s most politically neutral, separated administrative and more efficiently; is staffed by enforcement of anti- corruption publically trusted and incorrupt political functions and appointed upstanding citizens who have measures by our Serious Fraud public services. The bases of an independent Public Service the public good at heart; officials Office and the New Zealand this strong track record are Commissioner. who behave more as the neutral Police. legislative, and over a century Over the decades since servants of the government of It is fair to say we have old. But this has not happened there have been further the day; government which is been very active in recent by accident – rather, through advances. In 1982, Sir Robert more transparent in the way years in addressing the full generations of progressive Muldoon’s National Government it acts (within the constraints gamut of financial corruption legislative reform and consistent – not otherwise known for its imposed by the need for issues. Legislation passed by politically-driven change. liberalism – introduced the personal privacy, commercial parliaments does much to set Throughout the 1890s, Official Information Act. This confidentiality and national the framework for eliminating our longest-serving premier predates the equivalent UK security); and is largely free of corruption, especially the Richard Seddon shamelessly legislation – the Freedom of corrupt practices. It is therefore laws governing our public awarded public sector positions Information Act 2000 - by more trusted by the public it sector agencies. The way we, to supporters, even making eighteen years and achieves serves. as Parliamentarians, make illiterate men ‘temporary similar outcomes. To be fair to
The Parliamentarian | 2016: Issue One | 61 THE FIGHT AGAINST CORRUPTION: THE ROLE FOR PARLIAMENT
Free elections incorrupt country: and it is right their names in the electoral roll was dealt with by the Justice In the 50th Parliament, I served as and proper that the rules are and verbally identify themselves and Electoral Committee was Deputy Chair of the Justice and regularly checked to ensure they as being that person to the a complete rewrite of the Electoral Select Committee. A are up to the job. returning officer. Judicature Act 1908, which significant set of responsibilities Striking the right balance with Those casting ‘special puts in place the fundamental that Committee is charged with our proposals for amendments votes’ outside their home underpinnings of New Zealand’s after each general election is to electoral law was not always constituencies have to sign court system. There was far to review the electoral law and easy. For instance, we have long statutory declarations swearing too much content in the over processes, identify flaws and enjoyed a high-trust system they are who they say they are. 1,200 pages of legislation which suggest improvements. where it is very easy for voters And electronic voting systems, the Committee extensively There are some fundamental to cast their ballot. There has which have proved easily rigged re-drafted to cover at length conditions for free and fair never been a requirement in in other jurisdictions and do here, but a key point around elections. Elections should New Zealand for voters to carry nothing to promote turn-out, corruption should be noted. The ideally be incapable of being passports or other such identity have been avoided. The resulting Committee felt it important to rigged. Campaign financing and documents to voting booths. At amendments, in the Electoral avoid any perception of political spending rules should provide a the same time, concerns existed Amendment Act 2014, were interference in judicial decisions, level playing field for a contest as to the possibility of (admittedly largely uncontroversial – and so the rules that govern the of ideas rather than of bank very low-level) voter fraud by incorporated such updates as appointment, terms of service, balances. Policy outcomes impersonation beginning to including loans to political parties remuneration, retirement and must not be able to be bought undermine trust in the electoral (and any interest write-offs that removal of judges on any court by companies or lobby groups. system. So, we achieved cross- may be given on such loans) as bench were very carefully And the integrity of the vote party agreement that, unless donations within the campaign considered. counting and voter registration they suffered a disability or a finance regime. We also focused on the administrative systems is language issue which precluded judicial disclosure of pecuniary paramount. The ability to elect, it, voters presenting without An impartial and non- interests regime. There was no or remove, a government is a key an EasyVote registration card conflicted judiciary clear cut answer here: on one factor in being perceived as an would at least have to point to Another significant issue which hand, it is important to keep the
62 | The Parliamentarian | 2016: Issue One THE FIGHT AGAINST CORRUPTION: THE ROLE FOR PARLIAMENT
“Academic Ultimately, we settled on a More than just a moral value international agencies, regime where the interests are Academic research has therefore lower debt servicing research has disclosed to the chief judge of demonstrated that high levels costs for governments and demonstrated each bench to then decide where of corruption are damaging to better mortgage rates for the recusal is necessary, rather than economic growth irrespective of citizens. Aid donors are more that high levels creating a public register of the type of government – be it likely to support projects in a of corruption interests of the kind we have for an authoritarian one-party state, country which they perceive Members of Parliament. This still or a liberal democracy. We in as less corrupt. Foreign direct are damaging to leaves open the question of to Commonwealth countries are investment, which creates jobs economic growth whom the Chief Justice herself fortunate to have inherited a and valuable tax revenues should disclose interests. This is tradition of more democratic and for public infrastructure and irrespective an area which I have no doubts more transparent government social services, seeks out of the type of the New Zealand Parliament will than many of the alternative financially sound environments re-open in the future as requiring systems which can be seen free of corrupt practices. government – be further fine-tuning. around the world. And businesses generally it an authoritarian Whilst the revision of Corruption – the abuse of operate more effectively in an judicature legislation may seem public office for private gain – environment where they can one-party state, arcane, it was certainly a factor can form as much of a brake invest a greater proportion or a liberal that contributed positively to New on the economic motors of of their revenues into capital Zealand’s overall score on the developing economies as state equipment, research and democracy.” Corruption Perceptions Index. subsidies to inefficient industries, development, and higher salaries The message that I have taken unsustainable environmental for skilled staff rather than home addresses and business from the overall index rating, practices or trade protectionism. paying bribes and back-handers. ownerships of judges confidential where New Zealand’s score fell Obsolete legislation requires It is paramount that we given they could be the targets by three points last year, is the updating, and attitudes have all work hard across the of threats from the criminals they importance of Parliamentarians to shift in a concerted effort to Commonwealth to place the convict. On the other hand, it was keeping up the good work to oppose corruption, not simply public good ahead of individual important that a disclosure regime ensure transparency and public because it is morally wrong. greed and stamp out corrupt was put in place to prevent accountability remain strong Reduced corruption levels pay practices. Parliamentarians have conflicts of interest – e.g. judges across the entire system of material economic dividends. a major part to play in this work. ruling in cases where they might government. Gains come in the form have a commercial interest. of better credit ratings from
The Commonwealth Parliamentary Association (CPA) produces a number of toolkits and booklets for Parliamentarians and Parliamentary staff including the Recommended Benchmarks for Codes of Conduct for Members of Parliament.
Please contact [email protected] for further information or visit www.cpahq.org to download a copy.
The Parliamentarian | 2016: Issue One | 63 AUSTRALIA’S LEAD IN THE TRAINING OF ELECTION OFFICIALS IN THE COMMONWEALTH AUSTRALIA’S LEAD IN THE TRAINING OF ELECTION OFFICIALS IN THE COMMONWEALTH
The establishment of a (JEP) Initiative, announced the impact of the intervention. ‘Commonwealth Electoral at the 2011 Commonwealth When canvassed, 100% of the Network’ (CEN) bears Heads of Government trainees agreed that they have testimony to the recognition Meeting (CHOGM) in Perth. learned and benefited from by Commonwealth member The Australian government the training programme, 85% states that no election could be committed a grant of stated that participation had held - and no Parliamentarian A$900,000 to the initiative for increased their skills, knowledge elected - were it not for the the staging of comprehensive and effectiveness as electoral dedication and commitment of training programmes for an administrators, 77% indicated hundreds, if not thousands, of initial three year pilot phase. that they have stayed in touch election officials. These men Since the official launch of with their fellow trainees, and Hon. Alexander and women work to ensure its training programmes in June 43% of participants reported Downer, AC is that voters are registered, 2013, the JEP initiative has that their EMBs were doing the Australian High ballots are printed, and results drawn on the Commonwealth’s things differently as a result of are tallied and declared. It strengths in terms of both its their recommendations. Commissioner to the is on this premise that CEN world class expertise in elections Training programmes United Kingdom. was created in 2010 to act issues as well as its ability to undertaken with Australia’s Mr Downer has as a practical, accessible and connect and bring together financial support during the had a long and engaging network for election the experience and diversity of initial phase of the initiative have management professionals the family of Commonwealth also played a significant role in distinguished political across the Commonwealth. election management bodies helping to strengthen the culture career in Australia Following its formation, (EMBs). and institutions of democracy and is a former CEN’s Steering Committee Results based management, in Commonwealth member Parliamentarian. He very soon identified the sustainability and a strong countries. To date five regional need for continuous training gender focus were built into training workshops have been was until recently to raise cadres of young the initiative’s design from the the United Nations election professionals as outset, ensuring that its impact “Since its inception Special Adviser to the key to the Commonwealth would be measurable and the initiative Secretary-General on Electoral Network’s future lasting. The JEP methodology success. Encouraged by and training programmes recognised the Cyprus. Elected to the Canberra’s commitment to the have proven to be particularly importance which Federal Parliament advancement of democratic effective in addressing the in 1984 (Liberal governance across the globe, principle-based aspects of Commonwealth member for Mayo in CEN’s Steering Committee and electoral management – i.e. member states the Commonwealth Secretariat issues relating to public South Australia), he jointly approached Australia in participation, incumbency and collectively and served as Australia’s 2010 requesting support for international standards. These individually attach Minister for Foreign a program aimed at training are identified by participants as Affairs (1996-2007), junior Commonwealth election the areas in which they are least to free and fair professionals. The result of confident prior to training. elections as a making him Australia’s these consultations was the Pre- and post-training longest-serving creation of the Commonwealth responses submitted by cornerstone of Foreign Minister. Junior Election Professionals participants clearly demonstrate democracy.”
64 | The Parliamentarian | 2016: Issue One AUSTRALIA’S LEAD IN THE TRAINING OF ELECTION OFFICIALS IN THE COMMONWEALTH
Left: Participants in the Commonwealth Junior Election Professionals (JEP) Initiative. Images: Commonwealth Secretariat.
strengthening the independence of EMBs. The close and long-standing relationship which the Commonwealth Secretariat enjoys hosted under the auspices of not only as vital partners in interventions to equip those with EMBs put it in a unique the JEP in Africa, Asia (twice in advancing the success rate junior election professionals, position to consult and jointly India), the Caribbean and the of democratic processes, deployed in the absence identify the key training needs Pacific. Almost 90 junior election but also as custodians of the of a permanent EMB, with of Commonwealth junior professionals have completed Commonwealth’s fundamental an understanding of the election professionals. The JEP training programmes, democratic values and beliefs. principles of effective electoral Secretariat will accordingly including 39 men and 49 women, Training programmes have administration. continue to lead in the planning from 42 national EMBs in in the past exposed significant Delivery of the JEP training and implementation of the next Commonwealth member states. variances in the needs and initiative has also demonstrated phase of the initiative in close Based on these successes, requirements that exist across the large degree of convergence consultation and cooperation Australia has decided to the Commonwealth permanent between the challenges faced with regional and other bodies continue with the initiative for EMBs on the one hand, and by Commonwealth permanent already active in this field. a second three year phase. non-permanent and micro- EMBs. The training programmes Australia is proud to remain The announcement by Prime EMBs on the other. Building on being developed for this target associated with the JEP Minister Malcolm Turnbull on the lessons learned during the group during the next phase initiative and will continue to 28 November 2015 at CHOGM first phase, the JEP initiative will consolidate the successful support the evolution of its in Malta confirmed Australia’s phase two will consequently ‘principles-based’ training second phase to consolidate willingness to provide an continue to implement a model approach that has already been the gains already achieved additional grant of AUD$ 1 of regional, principles-based established while providing and to expand the reach and million to support the initiative’s capacity building events more in-depth treatment of depth of this important network second phase. targeting these two distinct topics such as political party and of young professionals in the Since its inception groups. campaign financing, managing Commonwealth. the initiative recognised Some of the unique the power of incumbency, and the importance which challenges Commonwealth member states faced by non- collectively and individually permanent attach to free and fair elections and micro- as a cornerstone of democracy. EMBs in the During the second phase it will Commonwealth therefore remain the initiative’s Pacific and principal aim to continue to meet Caribbean and support stable and effective regions reside in electoral processes that will their difficulties regularly culminate in successful accessing democratic elections. and applying It is widely recognised best practice that the successful planning principles. With and conduct of any electoral this in mind, process is dependent on phase two sustained preparation will continue between elections. In this to build and regard EMBs are considered adapt training
The Parliamentarian | 2016: Issue One | 65 LAUNCHING THE COMMONWEALTH INITIATIVE ON FREEDOM OF RELIGION OR BELIEF REACHING OUT AT CHOGM 2015: LAUNCHING THE COMMONWEALTH INITIATIVE ON FREEDOM OF RELIGION OR BELIEF
‘Pack an umbrella’ was top The reason for the journey… Parliamentarians in countries of the list as I prepared to go CIFoRB where freedom of religion or to Malta along with a resolve CIFoRB stands for the belief is under strain. This is to meet and discuss CIFoRB Commonwealth Initiative for part of what I see as the often with as many Commonwealth Freedom of Religion or Belief quoted ‘untapped potential’ Parliamentarians and human and is based in the Edward of the Commonwealth to be; rights contacts, as possible in Cadbury Centre for the Public a nimble, ‘bureaucracy light’ the meetings and corridors of Understanding of Religion at network of countries that are all the Commonwealth Heads of the University of Birmingham. democracies, sharing a common Government Meeting (CHOGM). The initiative seeks to empower language and legal system I had visited Malta once Parliamentarians to promote which is an ideal forum to build Baroness before for a week’s holiday in and protect freedom of religion parliamentary relations to bring Elizabeth November and spent a happy or belief through research, solutions for the Commonwealth Berridge is a but very wet week playing education and advocacy. With people. Member of the UK canasta and watching DVDs, so the focus of the Commonwealth besides unpredictable weather this year on being ‘an inclusive Lack of Faith Parliament’s Upper and the stunning, ‘history rich’ Commonwealth’, it seems an This was one of the most House and Co-Director Maltese landscape I was not opportune time to start this surprising aspects for a network of the Commonwealth sure what to expect from my first venture. The University of like the Commonwealth that is Initiative for Freedom ‘CHOGM’ and in fact my first Birmingham was a deliberate so full of great NGO activity. I contact with any form of multi- choice as Birmingham also did not bump into one religious of Religion or Belief. lateral meeting since joining the exhibits the multi-religious leader nor an ostensibly She Co-Chairs the All- UK House of Lords in January diversity of the Commonwealth faith-based NGO in Malta at Party Parliamentary 2011. partly as much of its migration is CHOGM 2015, many of who Group for International Although we had only Commonwealth Diaspora. are delivering education, health just begun work, attending Much of the Commonwealth care and human rights advocacy Freedom of Religion CHOGM was vital to see what has a great story to tell in terms training in Commonwealth or Belief and sits on the vision would be under the of the human right, freedom of countries. The only part of the Select Committee next Secretary-General. I was religion or belief; countries that the world that became less th for Social Mobility so glad that I went as it was a are richly diverse religiously religious in the 20 century rich experience particularly in such as Trinidad, Guyana, was Western Europe and, of and the Ecclesiastical my role as co-project director Mauritius, Botswana, and the three European countries Committee. of the Commonwealth Initiative Ghana have produced peaceful in the Commonwealth, only the Additionally, she is on Freedom of Religion societies where there is not UK probably represents that a member of the or Belief which is my main only freedom of worship but trend. Cyprus is still a heavily Commonwealth connection, good inter religious relations. Greek Orthodox country and International Panel of so if I had had the time to send CIFoRB wants to learn why the Maltese Catholic churches Parliamentarians for postcards home from Malta such countries are successful, seemed to be key parts of the Freedom of Religion or these would have been the what role the Parliamentarians community, not only tourist Belief. themes. have played and looks to attractions. The religious build relationships with diversity of the Commonwealth
66 | The Parliamentarian | 2016: Issue One LAUNCHING THE COMMONWEALTH INITIATIVE ON FREEDOM OF RELIGION OR BELIEF with Buddhist, Hindu, Muslim and Human Rights Initiative, the into her campaign bodes well run by another UK Parliament Christian majority countries was Roundtable, the Commonwealth for the future leadership of the colleague, Lord Marland and another key reason to base an Fora of National Human Rights Commonwealth. the first session was packed initiative on freedom of religion Institutions, the Commonwealth with over 1,000 delegates. This or belief in the Commonwealth. of Learning, etc. so it was Connecting Parliamentarians had a completely different feel Although we live in a world easy to connect with them. through CHOGM to the other forum, with greater where the headlines seem to Apparently much of the history It is only a matter of weeks for participation of Heads of State be full of references to religion, of the Commonwealth is a any new Parliamentarian in the on the platform over the three often inaccurate, this absence feeling that this is a crucial time UK Parliament, before the CPA days and many businesses and of engagement with religion for the network but it really UK branch introduce themselves organisations in the Exhibition is common amongst most did feel this way in Malta. The to you and seek to involve you in Space. The specialised multi-lateral organisations. selection of the new Secretary- their busy programme of events. workshops that followed the Here is therefore, yet another General meant that everyone I was heartened at how often opening session were also well opportunity for this nimble was on tender hooks and the Commonwealth colleagues were attended. For a human rights network of the Commonwealth Peoples’ Forum along with in London and how much they initiative like CIFoRB which to lead the way in how to engage the Maltese Parliament ran told me they saw the UK as the forms part of the background for with religious communities and an excellent hustings with the ‘Mother of Parliaments.’ So it the peace and rule of law that their leaders. three candidates outlining their was as a guest of CPA UK that I business needs to prosper, this vision for the future. I was struck took part in the Commonwealth was a great opportunity to see Everyone was there and on at how active the NGOs were Women’s Forum which was how much could be understood tender hooks in their engagement in this held for first time at CHOGM of the importance of connecting There is only so much you can election and how many of their 2015. Although there were a CIFoRB with key business learn about the Commonwealth concerns were about Human few fellow Parliamentarians who leaders. I have concluded in hindsight, Rights. As Baroness Scotland, were there and the whole of without going to a CHOGM. the candidate from Dominica is CHOGM operationally was being Looking forward to the next With four fora in the run up to the also a colleague from the House held together by the indomitable CHOGM actual CHOGM, everyone from of Lords and so I was overjoyed Phyllis Muscat, I did wonder It was sad to learn that the the organisations we wanted for her personally when she whether there was a need to devastation in Vanuatu from the to connect with had someone was elected. The time, energy specifically bring together female hurricane will mean that CHOGM there; the Commonwealth and dedication that she put Parliamentarians alongside or will not be held there in 2017 as part of the Women’s Forum. after seeing how much profile There is much we can learn hosting CHOGM can give to a from each other and despite a nation. So with the UK hosting number of busy networks, there CHOGM in 2018, it will be an is more to be done to connect opportunity for CIFoRB to seize Parliamentarians into the the momentum and ensure CHOGM Forums. wide ranging discussions on Most of the CPA UK events religious freedom are given the I have attended have been appropriate platform and that bi-lateral and I do hope the leaders in faith, business, society new, energetic CPA Secretary- and politicians all contribute. General will look to bring The UK will be able to carry Parliamentarians together when on the momentum from Malta the UK hosts the next CHOGM especially for the Business and in early 2018. As one of the Women’s Fora and as the UK distinctive characteristics of Government has begun a radical the Commonwealth is that the programme of devolution to members are all democracies, local regions, I hope there is stiff this would surely be useful. competition to be the host city for CHOGM 2018. From civil society to business From the energy of the Women’s’ For more information on the Forum, I then made my way as Commonwealth Initiative on Freedom a delegate at the revitalised of Religion or Belief visit www.ciforb.org Commonwealth Business Forum under the leadership of the new Commonwealth Business and Enterprise Forum. This is
The Parliamentarian | 2016: Issue One | 67 CWP NEWS AND REGIONAL STRENGTHENING
Commonwealth Women Parliamentarians (CWP) News and Regional Strengthening Activities
to improving their lives. Ways to Women Parliamentarians improve women’s representation discuss policy and in local and central government legislative developments was explored, including leveraging for empowering women existing women leaders in non- Members and representatives governmental organisations, rural of the Commonwealth Women and community groups, small Parliamentarians International business, and in sports. It was Steering Committee - Hon. agreed that it was not simply a Meenakashi Lekhi MP (India); matter of increasing the number of Lisa Dempster MHA (Canada); women candidates, but ensuring Hon. Catherine Cusack MLC they were able to succeed in their (Australia); Patricia Ferguson MSP roles once elected. and Roberta Blackman- Woods The CWP NZ will mark MP (UK) - attended the CWP New Zealand and Commissioner to New Zealand International Women’s Day on 8 Women Parliamentarians British Solomon Islands Women (image above). March and continue its work to Islands and Mediterranean Region Parliamentarians meet The visit of Minister Tuki and promote women’s representation (BIMR) Conference which took to promote dialogue on Minister Kuku took place under in partnership with parliaments in place in Guernsey (below right). gender related issues the New Zealand emerging the Pacific Region. The theme of the annual The Commonwealth Women leaders’ programme of the Pacific conference was “Influencing Parliamentarians New Zealand Partnership Fund. The principal CWP Pacific meeting Policy and Legislation for the (CWP NZ) Branch sought out objective of the programme is to between New Zealand and Empowerment of Women”. opportunities for Members to build the capacity of emerging Tuvalu discusses womens’ Presentations were delivered discuss and act on gender-related Pacific leaders. Minister Tuki is representation by a range of high-profile and other issues in New Zealand the sole female member of a 50 Commonwealth Women academics, a medical professional, and the Pacific Region. The CWP seat Parliament. Her visit provided Parliamentarians (CWP) Pacific as well as Parliamentarians NZ Co-Chairs Jo Hayes MP an important chance to build Region Steering Committee from the BIMR as well as other and Louisa Wall MP and Pacific relationships with New Zealand Member Hon. Munokoa Poto Commonwealth nations such as Regional Chair, Poto Williams Parliamentarians and is part of a Williams MP from the New Zealand Australia and Canada. MP were delighted to meet wider effort to support effective Parliament met with Dr Puakena Delegates discussed a with Solomon Islands’ Ministers governance and capacity building Boreham, the only female MP in range of key topics including Hon. Freda Tuki Soriocomua, in the Solomon Islands. the Parliament of Tuvalu (below employment, health and education Minister of Women, Youth & Minister Tuki shared left) and they spoke about how policies for females, the gender Children’s Affairs, Hon. John experiences around family mentoring and connections pay gap, gender budgeting, and Dean Kuku, Minister of Public violence and child safety between women members in the health disparities and inequalities Service, accompanied by Her legislation. Violence is seen an Pacific can enhance performance for both men and women. Excellency Mrs Joy Kere, High indicator of the status of women and confidence in the House and and girls, and its eradication key its committees.
68 | The Parliamentarian | 2016: Issue One Parliamentary Report NEWS AND LEGISLATION FROM COMMONWEALTH PARLIAMENTS THIRD READINGS
Québec, Canada Page 70
British Columbia, Canada Page 74
New Zealand Page 75
India Page 81
Australia Page 86
NEW ZEALAND: FLAG REFERENDUM LEGISLATION Page 76
With thanks to Parliamentary Report and Third Reading contributors: Stephen Boyd (Parliament of Australia); Ravindra Garimella and Dr. Jayadev Sahu (Parliament CANADA INDIA AUSTRALIA of India); Michael Dewing (Parliament of Canada); New Trudeau Government Turmoil in India Parliament MInisterial resignations Luke Harris (Parliament of sworn in Page 78 Page 84 New Zealand); Ron Wall (Legislative Assembly of Page 72 British Columbia); Suzanne Langevin (National Assembly of Québec).
The Parliamentarian | 2016: Issue One | 69 PARLIAMENTARY REPORT CANADA
THIRD READING: QUÉBEC, CANADA
Between September and December 2015, periodically review the employment The Act restricts tobacco use both in the National Assembly of Québec passed conditions of the Members of the National enclosed spaces and outdoors. It prohibits 17 public bills, including 12 unanimously. Assembly. smoking in motor vehicles in which a The following is an overview of the new minor under 16 years of age is present, in legislation pertaining to various fields of State Justice outdoor play areas intended for children, intervention. On 18 November 2015, the National on the grounds of vacation camps and at Assembly passed Bill 51, An Act mainly skating rinks that are used by minors, and on Transition Allowance for Members to make the administration of justice more restaurant and bar terraces. It also prohibits The National Assembly unanimously passed efficient and fines for minors more deterrent. smoking within a nine-metre radius from any Bill 78, An Act to regulate the granting of The Act amends certain legislative provisions door, air vent or window communicating with transition allowances to Members who resign that are under the responsibility of the enclosed spaces to which the public has during their term of office. Under the Act, a Minister of Justice and other provisions admittance. Member who resigns during his or her term relating to traffic or toll offences. Under the Act, the restrictions applicable of office may receive a transition allowance The Act amends the Courts of Justice to tobacco products are applied to electronic only if the Ethics Commissioner, who is Act to facilitate access to justice by enabling cigarettes. However, the operator of a responsible for the administration of the the Québec Court of Appeal to hold legal specialized retail outlet for electronic Code of ethics and conduct of the Members proceedings outside the two larger urban cigarettes may display such cigarettes of the National Assembly, determines that the centres (Québec City and Montréal) and thus subject to certain conditions, including the resignation is due to a serious family matter bring them closer to parties and prosecutors condition that they be visible only from the or a major health issue affecting the Member living in other areas. Consequently, a decision inside of the retail outlet. or a member of his or her immediate family. If rendered in a trial held in a rural community Lastly, the retail sale or distribution of an allowance is granted, it may be reduced by may be appealed in the same place, thus tobacco products having a flavour or aroma an amount equal to other sources of income eliminating the need for parties and third other than that of tobacco, such as menthol the Member receives. The Act is based persons to travel. cigarettes, is prohibited. on one of the recommendations framed Under an amendment to the Code of in the report of the independent advisory Civil Procedure, the Court may exceptionally Tourist accommodation committee chaired by Claire L’Heureux- exempt a party, given its financial situation, Bill 67, An Act mainly to improve the Dubé, a retired Supreme Court justice. The from paying the costs prescribed for each regulation of tourist accommodation and Committee was established by the Office hearing day required to try the merits of a to define a new system of governance of the National Assembly in 2013 to make case. as regards international promotion, was proposals on the employment conditions of Other measures are intended to passed unanimously on 1 December 2015. Members of the National Assembly. modernize the administration of justice, The Act is intended to eliminate illegal In its report tabled on 29 November in particular, by adapting practices to new accommodation operated by persons who 2013, the Committee recommended various technologies. Amendments to the Code of use Internet platforms to provide services legislative and regulatory amendments Penal Procedure make the special trial by without a permit or classification. On relating to the indemnities and allowances, default procedure applicable to offences receipt of an application for a classification accommodation expenses and pension evidenced by an automated camera system certificate, the Minister of Tourism must verify and insurance plans of the Members of in penal proceedings deemed uncontested with the municipality concerned to ensure the National Assembly. The Committee by the defendant. that the intended use is in conformity with also stated that its recommendations form Lastly, an important aspect of the Act its zoning by-laws. The Minister may entrust a coherent whole and that it would be is intended to make the fines imposed on certain ministerial powers of inspection to inappropriate to retain only certain elements. offenders under 18 years of age more recognized bodies for classification purposes. Section 5 makes the coming into force deterrent. Consequently, the maximum limit Under the Act, any person who operates a of the measures in the Act retroactive to 12 on fines that may be imposed on minors who tourist accommodation establishment without November 2015, the date on which the bill contravene the Highway Safety Code or the a classification certificate is liable, for a first was tabled in the National Assembly. On Act respecting off-highway vehicles is raised offence, to a fine of $2,500 to $25,000 in the same day, a second bill was tabled to from $100 to $750. the case of a natural person and $5,000 to give effect to the other recommendations $50,000 in other cases. Those amounts may in the L’Heureux-Dubé report, including Tobacco control be doubled for a second offence and tripled that advocating the creation of a permanent Bill 44, An Act to bolster tobacco control, was if the illegal accommodation activities do not independent Committee mandated to passed unanimously on 26 November 2015. cease.
70 | The Parliamentarian | 2016: Issue One CANADA
Animal protection that received top ranking from the Animal Régie de l’assurance maladie du Québec. Bill 54, An Act to improve the legal situation Legal Defense Fund, specifically, legislation In addition, requirements are introduced to of animals, was passed unanimously on 4 passed by Manitoba, Ontario and British ensure continuity of care for patients. Lastly, December 2015. It amends the Civil Code of Columbia. an information system designed to allow Québec to explicitly provide that animals are patients to find a physician who agrees to sentient beings and not things. Health provide medical care to them is set up. The Animal Welfare and Safety Act is On 10 November 2015, the National This Act also amends the Act respecting enacted, its purpose being to establish Assembly passed Bill 20, An Act to enact clinical and research activities relating various rules to provide proper protection for An Act to promote access to family medicine to assisted procreation to add various domestic animals and certain wild animals. and specialized medicine services and to provisions applicable to such activities. To that end, the owner or custodian of an amend various legislative provisions relating Research projects concerning such activities animal must ensure that the animal receives to assisted procreation. must be approved and monitored by the care that is consistent with its biological It enacts the Act to promote access to research ethics committee established by needs. As such, that person must ensure family medicine and specialized medicine the Minister of Health and Social Services. that the animal has access to drinking water services, which introduces certain obligations The Collège des médecins du Québec is and food of acceptable quality in sufficient applicable to the practice of physicians who required to draw up guidelines on assisted quantity. The animal must be kept in a participate in the Québec Health Insurance procreation and ensure that they are suitable place that is sanitary and clean Plan. General practitioners must provide followed. Furthermore, assisted procreation with sufficient space and lighting. The new medical care to a minimum caseload of activities must, in some cases, be preceded Act also prohibits a series of acts, such as patients and make themselves available to by a positive psychosocial assessment of the abandoning an animal or training it to fight. insured persons by means of an appointment parties to the parental project. The Act requires veterinary surgeons system set up in accordance with the Act. The Health Insurance Act is amended and agrologists to report cases of animal Medical specialists are required to offer as well to provide that assisted procreation abuse or mistreatment. In addition, the Act medical consultations, elsewhere than in activities, with the exception of artificial grants immunity to any person who, having the emergency department of an institution, insemination services, will no longer be reasonable cause to believe that an animal’s to patients who are not users admitted covered under the public health insurance welfare or safety is compromised, reports the to a centre operated by an institution. If a plan, but that fertility preservation services situation in good faith. physician fails to fulfil these obligations, his will be added to that coverage. The Act also includes a series of or her remuneration will be reduced by the measures to fight what are commonly called “puppy mills”. Consequently, any person or enterprise that is the custodian of 15 or more cats, dogs or equines must hold a permit issued by the Minister of Agriculture, Fisheries and Food. In addition, the Act introduces measures for providing assistance to animals in distress, such as powers relating to inspections, orders, seizures and confiscations. Lastly, the Act determines the penal provisions applicable when its provisions are contravened. In the case of a natural person, a fine of up to $62,500 may be imposed, depending on the severity of the offence. The fine may be doubled in the case of a second offence and even tripled for a subsequent offence. For subsequent offences, a maximum term of imprisonment of 18 months may be imposed. The Act is based on Canadian legislation
The Parliamentarian | 2016: Issue One | 71 PARLIAMENTARY REPORT CANADA NEW GOVERNMENT SWORN IN Government sworn in Public Safety and Emergency candidate achieved a majority government asked the Court On 4 November 2015, Rt. Preparedness), Hon. of the vote. for a six-month extension, Hon. Justin Trudeau MP, Lawrence MacAulay MP The process resulted in but in January 2016, the Canada’s 23rd Prime Minister, (Minister of Agriculture and the election as Speaker of Court granted a four-month was sworn in, along with his Agri-Food); Hon. Stéphane Hon. Geoff Regan MP, who extension. 30-member cabinet. The Dion MP, (Minister of represents Halifax West, Nova Parliament resumed cabinet was smaller than the Foreign Affairs); Hon. John Scotia. He was first elected to sitting in late January, and previous one, which had 39 McCallum MP, (Minister the House of Commons in 2000. on 3 February, the House of members—26 ministers and of Immigration, Refugees On 4 December, Governor- Commons adopted a New 13 ministers of state and Citizenship); and Hon. General His Excellency Rt. Democratic Party (NDP) For the first time ever, Carolyn Bennett MP, Hon. David Johnston read motion on pay equity. Among there are an equal number of (Minister of Indigenous and the Speech from the Throne. its provisions was the women and men in cabinet. Northern Affairs). The Speech emphasized establishment of a special The cabinet also includes the government’s committee to “conduct 18 first-time MPs, some of Interim Conservative commitment to growth for hearings on the matter of pay whom were appointed to Leader the middle classes, open and equity and to propose a plan key portfolios for example, On 5 November, the transparent government, a to adopt a proactive federal Hon. William Morneau MP, Conservative Party caucus clean environment, a strong pay equity regime.” a business leader, became chose Hon. Rona Ambrose economy, strength in diversity In terms of legislation, Minster of Finance; Hon. MP, as interim leader. First and greater security. the government introduced Jody Wilson-Raybould MP, elected in 2004, Ms. Ambrose Following the opening, a couple of bills that would a lawyer and First Nations held a number of cabinet Parliament sat for a week. revoke changes the previous leader, was named Minister of portfolios, including the The government introduced government had made Justice and Attorney General environment, intergovernmental legislation to amend the regarding collective bargaining of Canada; Hon. Catherine affairs and health. Income Tax Act by reducing with public service unions. McKenna MP, a lawyer The Conservative Party the tax rate for the middle- with extensive international created a committee to class and increasing it for Effect of the Reform Act, experience, was appointed organize and set rules for the the wealthy. Parliament 2014 Minister of Environment and leadership race. In January, also adopted a bill granting Under the Reform Act, 2014, Climate Change; and Hon. the committee decided the money for the federal public when party caucuses held Harjit Singh Sajjan MP, a leadership election would be administration. their first meetings following retired lieutenant-colonel, held on 27 May 2017. Committees of the the general election, they had became Minister of National House of Commons were to decide whether to give Defence. Opening of Parliament not established before caucus members the power At the same time, a Canada’s 42nd Parliament Parliament adjourned for to trigger a vote on holding number of former ministers was opened on 3 December. the Christmas break. The a leadership review, electing were named to cabinet, At the outset, Liberal government tried to establish and reviewing the caucus including: Hon. Ralph Senator Hon. George Furey the Finance Committee so that chair, expelling or readmitting Goodale MP (Minister of was appointed Speaker it could conduct pre-budget a caucus member, or electing of the Senate to replace consultations during the an interim leader. The Conservative Senator Hon. break, but did not receive the Conservative Party caucus Leo Housakos. necessary unanimous consent. decided against allowing In the House of Commons, The House did agree, caucus members to trigger a the Speaker was elected by however, to set up a Special vote on holding a leadership preferential ballot for the first Joint Committee of the Senate review. The caucus did vote time. MPs ranked their choices and the House of Commons to to give caucus members the among the four candidates examine the Supreme Court’s power to elect the caucus by order of preference. If no ruling on physician-assisted chair and to expel or readmit candidate received a majority, suicide. In February 2015, the a caucus member. the one with the fewest first Court struck down the laws The Liberal Party caucus preferences was eliminated; prohibiting assisted suicide decided to refer the issue to its the second preferences were in certain circumstances and next biannual convention. The Rt. Hon Justin Trudeau, MP then re-allocated until one gave Parliament one year to NDP caucus deferred the issue Prime Minister of Canada enact new legislation. The to a future caucus meeting.
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The Senate When evaluating the Liberal caucus to sit E-Petitions Under Canada’s Constitution, candidates, the Board as an independent. Also With the opening of a new senators are appointed will take into account in February, Senator Hon. Parliament, Canadians are by the Governor-General gender balance, minority Maria Chaput resigned now able to submit petitions on the advice of the Prime representation, non- due to health reasons and electronically. Using the Minister. During the election partisanship, knowledge Senator Hon. Irving Gerstein e-petitions website, they may campaign, the Liberal Party of the legislative process retired, bringing the number select an MP to sponsor their promised to create a non- and the Constitution, and of vacancies in the 105-seat petition. Once they have a partisan, merit-based process personal integrity. The first chamber to 24. sponsor and the Clerk of for appointing senators. appointments will fill Senate Two years ago, Liberal Petitions has certified that the Accordingly, on 3 December vacancies for Manitoba, Leader Justin Trudeau petition meets the rules, the Minister of Democratic Ontario and Quebec. expelled senators from the petition is published on the Institutions, Hon. Maryam The new process was Liberal Party parliamentary website and opened for public Monsef MP, and Leader of criticized by the Premier of caucus. As a result, there was signatures. If it receives the Government in the House British Columbia, Christy a certain amount of confusion 500 signatures within 120 of Commons Hon. Dominic Clark, MLA, who said the about who represents the days, the government must LeBlanc MP, announced process would give legitimacy government in the Senate. respond to the petition within the establishment of an to the un-elected upper In December, the Senate 45 calendar days. Independent Advisory Board house in which her province adopted a motion to allow The first e-petiton was on Senate Appointments to is under represented. cabinet ministers—none sponsored by Kennedy advise the Prime Minister Meanwhile, in late of whom is a senator—to Stewart MP, whose private on appointments to the 2015 Senators Hon. John take part in Senate question member’s motion in the Senate. The Prime Minister D. Wallace and Hon. period. On 3 February, the last Parliament led to their will appoint the Board’s five Jacques Demers left the Minister of Fisheries, Oceans adoption. members, two of whom Conservative Party caucus and the Canadian Coast will be from the province to sit as independents, and Guard, Hon. Hunter Tootoo or territory that has Senate in February Senator Hon. MP, appeared in the Senate vacancies to be filled. Pierrette Ringuette left chamber to answer questions.
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THIRD READING: BRITISH COLUMBIA, CANADA
Provincial Immigration Programmes Act The Provincial Immigration Programmes Act improves the transparency and Workers Compensation Amendment Act (No. 2), 2015 administrative efficiency of provincial immigration programmes. The legislation The Workers Compensation Amendment Act (No. 2), 2015 implements authorizes the designation of a Director of Provincial Immigration Programmes, government’s response to recommendations of a coroner’s inquest into tragic and sets out that official’s powers and duties in supporting immigration accidents that occurred in the Prince George and Burns Lake sawmills in 2012. programmes, including the existing provincial nominee programme. The The statutory changes make workplaces safer through: strengthened legislation also strengthens the province’s ability to collaborate with the federal reporting by employers of workplace fires or explosions; increased government on immigration matters and selection programmes that could employer investigation reports of workplace accidents; enhanced worker be developed in future federal-provincial agreements and discussions, and and employer representation in employer accident investigations; a enables the director, with the prior approval of the minister responsible for role for workplace health and safety committees to provide advice to the Act, to enter into new information-sharing agreements with the federal the employer on equipment and machinery changes that may affect government in order to facilitate immigration into the province. health and safety; and greater support for workplace health and safety During Second Reading debate, Hon. Shirley Bond, Minister of committees in resolving disagreements over health and safety matters. Jobs, Tourism and Skills Training and Minster Responsible for Labour, Hon. Shirley Bond, Minister of Jobs, Tourism and Skills Training and Minster indicated that with “fewer young people entering the workforce than older Responsible for Labour, told the Legislature that the coroner’s “recommendations people leaving it … British Columbia needs to look, today and in the future, were very thoughtful, and in fact, they … will further the safety of workers in this at how we will provide the workers that will be necessary for the economic province and help prevent accidents like those that occurred” in 2012. growth we anticipate.” To this end, the legislation will provide “a legislative Shane Simpson, MLA, Opposition critic for Economic Development, Jobs, foundation for the administration of provincial immigration programmes.” Labour and Skills, while supporting the legislative provisions, urged government to The Opposition critic for Immigration and Temporary Foreign Workers, empower workers and give them “a greater say and influence on health- and safety- Mable Elmore, MLA, noted the legislation’s positive steps with respect related issues, using the joint health and safety committee as the vehicle to do that.” to programme administration, and called for action “to regulate recruiters, The Workers Compensation Amendment Act (No. 2), 2015 received to bring an end to the charging of exorbitant recruitment fees, to also Third Reading on 5 November 2015. register employers to provide that accountability and … ensure that there’s a proactive system in place” to protect immigrant workers’ rights. Electoral Districts Act The Provincial Immigration Programmes Act received Third Reading The Electoral Districts Act gives effect to the resolution of the Legislative on 4 November 2015. Assembly approving the report of the Electoral Boundaries Commission entitled, “British Columbia Electoral Boundaries Commission Final Report – September 24, 2015.” The resolution was adopted unanimously on 28 October 2015, and the legislation was introduced later that day. Under the Electoral Boundaries Commission Act, an independent Electoral Boundaries Commission must be established within one year after every second provincial general election in order to make recommendations on equitable and effective representation across the province. Similar processes exist across Canada, providing independent and regular reviews of electoral districts. In describing the legislation, Hon. Suzanne Anton, Minister of Justice and Attorney General, said the Commission “had the flexibility to address population growth in the province by proposing up to two additional districts, and it has chosen to exercise that option by proposing a new district in Surrey and one in Richmond–New Westminster.” The two new districts in the rapidly growing region around Vancouver will increase the number of electoral districts from 85 to 87 in conjunction with the next provincial general election in 2017. The legislation was supported unanimously, and Members on all sides commended the Commission for its work. Debate on the legislation also provided opportunities to discuss the electoral process and matters of specific concern in their districts. Gary Holman, MLA, Opposition critic for Democratic Reform, stated that during the 2013 provincial general election, he was “struck by the civility among the partisan representatives … It was a lesson to me in democracy – how our democracy in this province has its challenges but, in that particular instance, how well it worked.” The Electoral Districts Act received Third Reading on 17 November 2015.
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THIRD READING: NEW ZEALAND
Passports Amendment Bill (No 2) Opposition Members were critical of the Government’s decision to The Passports Amendment Bill (No 2) unanimously passed its Third pass the Bill under urgency. Mr Denis O’Rourke MP (New Zealand Reading on 15 October 2015, amending the Passports Act 1992. First) stated: “there are some parts of the bill that if this had been a select The changes increase the validity period of New Zealand passports committee process rather than what we have got here tonight—a much from five years to 10 years, increase the validity of refugee travel more restricted process—I would be seeking to improve or change.” documents to five years, and extend the electronic management of The Green Party abstained from voting, with Ms Metiria Turei MP passport details, allowing passports to be cancelled remotely. (Co-Leader, Green Party) stating during the Third Reading: “There is Hon. David Cunliffe MP (Labour) explained that the validity broad agreement on the basic purpose. But the details—the law itself— period of New Zealand adult passports was reduced in 2005 to five could have been much better if the process had been more collaborative.” years “because in the immediate aftermath of the horrific terrorist Ms Jacinda Ardern MP (Labour) raised the issue of the attacks on 9/11 it was decided that, based on the technology at the returning offenders’ lack of connection to New Zealand, noting that time, it was more secure for New Zealanders both travelling and at “for a large chunk of individuals, they are not returning home. They are home that a five-year passport be introduced, because it was easier to being moved to an entirely new country, and that makes the job for control and its renewability meant that that could be future-proofed.” New Zealand that much more difficult because the key to reintegrating Improvements in security technology have justified the return to 10 years’ an offender is their connection to community, their connection to a validity, said Hon. Peter Dunne MP (Leader, United Future), although place to reside, their ability to work, and so on.” Mr David Shearer “10 years is the longest validity period recommended by the International Civil MP (Labour) also criticised the Bill’s lack of support for deportees, Aviation Organization, and there is good reason why New Zealand should not stating: “There is no plan in place to make sure that those people are stray from these internationally agreed guidelines.” However, people under the reintegrated properly so they do not reoffend.” age of 16 will still be required to have a five-year passport, which Mr David Members also raised concerns about the nature of offending, with Clendon MP (Green Party) noted “is appropriate given the rapid changes in Ms Catherine Delahunty MP (Green Party) saying: “some people, appearance and so on of people of that age.” after they have served their time, do not deserve to be called an Mr Brett Hudson MP (National) said he was “delighted to also offender for the rest of their lives. I think with regard to the distinction see that we are making a change to increase the validity of refugee travel in the law here around criminals and offenders, I would prefer to see documents from two years to five years, because that aligns with the language that makes it clear what we are actually talking about.” residency period for them to then seek permanent residency or citizenship.” The Bill passed its Third Reading with 107 votes in favour and 14 Mr Mark Mitchell MP (National) agreed that “although they are a small abstentions. part of our community here in New Zealand, they are an important part”. Mr Adrian Rurawhe MP (Labour) supported the legislation as being “all the things that I think every day, ordinary Kiwis will be happy to have as part of their application for a passport and for obtaining a passport.”
Returning Offenders (Management and Information) Bill The Returning Offenders (Management and Information) Bill was introduced on 17 November 2015, establishing a regime for the identification and management of offenders returning to New Zealand after having been sentenced to more than one year’s imprisonment in an overseas jurisdiction. The Bill was considered under urgency because of the imminent arrival of a number of New Zealand-born offenders scheduled for deportation from Australia following a recent law change giving Australian officials the power to cancel the visas of suspected or convicted criminals. The Minister of Justice, Hon. Amy Adams MP (National), explained the intent of the Bill as: “putting in place the same sort of oversight that offenders would have expected had they been released from a New Zealand prison.” Also speaking in support of the Bill, Ms Marama Fox MP (Co-Leader, Māori Party) noted that “although there are minor offences being caught up in this regime at the lower end of the threshold, we have not excused the fact and the point that there are actually serious offenders who are coming back to New Zealand, and we need to protect our country and our people and our society from the risk of reoffending.”
The Parliamentarian | 2016: Issue One | 75 PARLIAMENTARY REPORT JURISDICTIONNEW ZEALAND NAME NEW ZEALAND FLAG REFERENDUM LEGISLATION
New Zealand Flag social media and a petition urgency “because the clock is choice as to whether the flag Referendums Legislation was presented to Parliament, ticking - because we are less should be changed unless Passed calling for its inclusion in the than six weeks away from the we are clear about what the In August 2015, the New first referendum. referendum.” The Bill passed alternative is, and that is what Zealand Flag Referendums The New Zealand Flag all stages under urgency on the process we have set out Act came into force, allowing Referendums Amendment 23 September 2015, by 109 does.” for two postal referendums Bill was introduced on behalf votes to 12. Also speaking in to take place on the future of of the Deputy Prime Minister, Mr Jono Naylor MP opposition to the Bill, Rt Hon. New Zealand’s national flag, Hon. Bill English MP (National) described the Bill Winston Peters MP (Leader, which has been in use since (National), on 23 September as “a simple, small piece of New Zealand First) warned: 1902. 2015 by Hon. Gerry legislation as a response to a “We will do our utmost in the The first referendum, held Brownlee MP (National), groundswell of public opinion next few weeks to ensure that between 20 November 2015 who acknowledged that the around the country that says: New Zealanders have got and 11 December 2015, was, Bill to include ‘Red Peak’ ‘Hey, we’d like to include a a chance to go down there initially, to require voters to as a fifth option in the first fifth option.’” and write ‘Keep our flag’ on rank four alternative designs; referendum was “introduced However, Ms Clare the ballot papers, which will however, following the to the House by the Curran MP (Labour) mean a majority of informal release of the final shortlist government but, significantly, expressed concern about the votes, and this waste of public on 1 September 2015, it was constructed by Gareth referendum process, saying: money will now cease.” support for a fifth design, Hughes and a team from the “70% of New Zealanders The second referendum, dubbed ‘Red Peak’, grew on Green Party.” said that they do not want to scheduled for March 2016, Mr Gareth Hughes change the flag and they are will ask voters to choose MP (Green Party) said the not getting the opportunity between the existing flag and Below: The current New government Bill, which to vote on that first in the the most popular design from Zealand flag which became he had unsuccessfully referendum.” the first referendum. New Zealand’s national flag attempted to introduce as a Hon. Nick Smith MP in 1902. Member’s Bill the previous (National) explained that New day, was proceeding under Zealanders “cannot make a
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Above: The alternative New Wairua, and Te Oneroa-a- Bill, which safeguards and 86% of Crown- Zealand flag was designed Tohe is the restored name of rental moneys from forest licensed forestry land. The by architect Kyle Lockwood, Ninety Mile Beach. land for the Ngāti Kahu iwi, accumulated rentals that and features New Zealand Furthermore, a new body who have not yet reached come with the forest will icons, the silver fern and the known as Te Hiku o Te Ika settlement with the Crown, provide a cash reserve and Southern Cross.. Conservation Board has been and the Reserves and Other will allow other commercial established, made up of Te Lands Disposal Act 1977 opportunities to be taken up. Hiku tribal representatives Amendment Bill. The iwi is also granted right Treaty of Waitangi Claims and the regional council, to The Bills unanimously of first refusal over other Settlement Legislation provide Māori governance passed their Third Reading Crown-owned properties. The Minister for Treaty and protection over the area. on 8 September 2015. Cultural redress includes Negotiations, Hon. Mr. Finlayson said that the Speaking in the Third the vesting of nine culturally Christopher Finlayson MP individual settlements were Reading of the Te Kawerau ā significant sites, including (National), described the significant and provided each Maki Claims Settlement Bill, lands on which Te Kawarau ā reparations under the Treaty of the iwi an opportunity to which also passed its Third Maki can establish a marae of Waitangi contained in the determine their future. Reading unopposed on 8 [meeting place] and an urupā omnibus Te Hiku Claims “Collectively, however, the September, [cemetery]. Māori names Settlement Bill as “one of settlements are truly unique. Mr Pita Paraone MP (New are also returned to several the largest returns of land to The iwis’ decision to join Zealand First) stated that geographical areas. Māori ownership through any together to negotiate and “it reflects, like all claims, Treaty settlement.” agree common arrangements the contribution that iwi who Six Bills were divided across significant redress … settle their Treaty claims from the original Bill at the reflects the ancestral network make to this nation by Committee stage, four of that binds all together, but it accepting a settlement that these detailing the settlement also speaks to a great vision. really does not reflect 100 per provisions between the It takes true leadership to cent compensation, to which Crown and four Far North work together to that degree.” they are entitled.” iwi [tribes]: Ngāti Kuri, Te Several members paid The Bill gives financial Aupouri, NgāiTakoto, and Te tribute to a number of key and cultural redress to Te Rarawa. iwi leaders who had passed Kawerau ā Maki, an iwi that Cultural redress to the away during the lengthy holds customary interests in iwi includes the addition of course of negotiations. areas around Auckland. Māori place names as official The other two Bills to be The financial redress, geographic names for certain divided from the original recognising the losses areas: Cape Reinga will also Bill were the Ngāti Kahu suffered by the iwi, includes be known as Te Rerenga Accumulated Rentals Trust $6.5 million plus interest
77 | The Parliamentarian | 2015: Issue One The Parliamentarian | 2016: Issue One | 77 PARLIAMENTARY REPORT JURISDICTIONINDIA NAME TURMOIL IN INDIA PARLIAMENT Demand for Minister’s displayed flags and placards disorderly conducts, I would they stood automatically resignation rejected inside the House. Taking be constrained to initiate suspended from the service The fifth Session of the Lok a strong note of this, the appropriate disciplinary of the House for five Sabha, the House of the Speaker, Lok Sabha, Smt. action against the erring consecutive sittings of the People, commenced on 21 Mahajan made the following Members. I hope that all the House under Rule 374A of July and concluded on 13 observation: “Maintaining Members would adhere to the Rules of Procedure and August 2015. The Lok Sabha of discipline and decorum the set norms of etiquettes, Conduct of Business in Lok had a total of 17 sittings. in the House is of utmost standards of behaviour with Sabha. The first sitting of the House importance for maintaining regard to discipline and On 6 August, the Minister was adjourned after paying the credibility and dignity decorum in the House. of External Affairs, Smt. respect to the memory of a of Parliament. We have well I request all the Members Sushma Swaraj, made a member who had passed settled norms of standards who are displaying placards statement regarding her away during the inter-session to be observed by Members and other exhibits to alleged role on the issue of a period. A major part the which have been provided immediately refrain from request made to the British Session was disrupted as the for in our Rules of Procedure doing so.” Government for issuing travel main opposition party kept and Conduct of Business. On 27 July, the Speaker document Lalit Modi, a former on pressing its demand for These are also invariably observed that despite her IPL chief. In her statement the resignation of a Cabinet brought to the notice of all repeated requests some in Lok Sabha, Smt Sushma Minister. the Hon. Members often members kept on displaying Swaraj forcefully refuted the As soon as the House through paras in Bulletin placards inside the House allegation that she had made met the next day on 22 July, PartII. To name a few, Rule which also encroached a request or recommendation the Speaker, Lok Sabha, 349 provides the norms of upon the rights of other to the British Government Smt. Sumitra Mahajan etiquettes and standards of members. She said it was to grant travel documents to informed the House that rules to be observed by the totally improper to display Lalit Modi. She quoted the she had received notices Members in the House. Rule placards in front of the reply given by the Ministry of Adjournment Motion 351 refers to the mode of Speaker. The Speaker named of Home Affairs of Britain in from several MPs and the addressing the House and a member, Shri Adhir Ranjan response to a request sent by matters, though important Rule 352 provides rules to Chowdhury (INC), for having an Indian Newspaper, which enough, did not warrant be observed by Members disregarded the authority stated that “The UK Home interruption of business while speaking in the House. of the Chair in abuse of the Department ….claimed that of the day. She, therefore, Further, as per Rule 350, rules of the House by wilfully travel documents issued to disallowed the notices of only the Member called by obstructing the business of former IPL boss, Lalit Modi, Adjournment Motion. Many the Speaker is entitled to the House. to travel to Portugal to assist members belonging to the speak while Rule 361 lays Thereafter, Shri Arjun his ailing wife was determined Indian National Congress down the procedure when the Ram Meghwal (BJP) moved in accordance with the (INC) came to the well of Speaker rises. I have been a motion for suspension of appropriate rules.” the House demanding the drawing the attention of the Shri Chowdhury from the The Minister said the first resignation of the Minister Members to these provisions service of the House for the sentence of the oral message of External Affairs, Smt. from time to time. I am, remainder of the Session. she got sent was that “if the Sushma Swaraj for her however, pained that none of After submissions made British Government chooses alleged role in facilitating the norms of etiquettes and by some members, the to give travel documents to the travel arrangement of an standards are being observed Speaker observed that Shri Lalit Modi that will not spoil accused in the Indian Premier by the Members. I have Chowdhury shall withdraw our bilateral relations.” If League (IPL) controversy. always provided adequate from the House only for the British Government was The members belonging opportunity to all sections of the day. The motion was, in favour of issuing travel to the Telengana Rashtra the House to raise matters thereafter, withdrawn by documents to Lalit Modi then Samiti (TRS) also raised of topical interest provided leave of the House. it was purely their decision the demand for a separate the Members give proper The Speaker convened and she had no role in that High Court for Telengana. notice and seek to raise these a meeting of the leaders process. The message was Due to interruptions, the matters within the parameter of parties on 30 July to end conveyed by her purely on House was adjourned for of the rules and accepted the deadlock. However, the the basis of humanitarian some time. When the House norms of behaviour. I would stalemate persisted. On 3 ground, because of the re-assembled at 12.00hrs., also like to emphatically August, the Speaker named serious medical condition of some members even stress here that in the event of 25 members following which the wife of Lalit Modi under
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treatment at a hospital in lodged its objection with the and action taken by New Delhi that if the British Portugal. UK government for giving the government on Government chose to give The Lok Sabha discussed visa or residency permit to the observations/ travel documents to the then an adjournment motion on 12 Lalit Modi. The INC leader recommendations contained IPL Chief that would not spoil August, regarding the “action demanded the resignation of in the Thirty-eighth Report bilateral relations was taken taken by the government on the Foreign Affairs Minister (15th Lok Sabha) on the with the knowledge of the the reported involvement on moral grounds for her Subject ‘Tax Assessment/ Prime Minister and whether it and admission of the Union direct or indirect involvement Exemptions and Related was discussed in the Cabinet. Minister and related acts and in in the matter. Matters Concerning IPL/ Shri M. Raja Mohan actions in assisting a fugitive Intervening in the debate, BCCI’ presented to Reddy (YSR Congress) and stand taken by the Smt. Swaraj asserted that Parliament by the Standing wanted everything to be Government in this regard.” she had done no wrong. Committee on Finance on investigated thoroughly Moving the motion, the It was never under her 16 December 2014. It was to decide the case on its leader of the INC in Lok consideration to facilitate corruption that would make merits and not just because Sabha, Shri Mallikarjun granting of travel documents the body politic democracy somebody had leveled Kharge said it would have to Lalit Modi. What was under weak and here was a case allegations against someone. been better had his proposal her consideration was that which needed appropriate Shri Prem Singh for an adjournment motion if the British Government action from the government Chandumajra (SAD) was been accepted four weeks decided to grant travel side which had just started. of the view that the Foreign ago. He charged that the documents to Lalit Modi Shri Anandrao Adsul Minister had acted legally in Minister of External Affairs then it would not adversely (Shiv Sena) opposing the the case in question. had supported a fugitive impact the bilateral relations. motion blamed the Congress Shri Tariq Anwar (INC) and helped that person even Thereupon, she verbally members for wasting the argued that morality in public after knowing everything conveyed the message to time of the House. Shri Thota life was a very important about him. The Minister the British Authorities that it Narasimham (TDP) said the thing and whenever such helped a person who had would not adversely impact allegations leveled against occasions arose one should failed to appear before the the bilateral relations and the External Affairs Minister keep the dignity of the nation Enforcement Directorate the British Government were absolutely baseless. utmost in the mind. Whenever even after being asked granted the travel documents The fact was that when the such kind of question mark frequently following which to Lalit Modi in accordance IPL scam broke out the was put on one’s public life, his passport was cancelled. with their rules. There was then UPA government did it would be better for the Many cases of economic no question of committing nothing to stop the individual person to exonerate himself offence were pending against a criminal offence as no in question from escaping or herself of the same. Lalit Modi. Asking the British court had declared Lalit to Britain. He requested the Shri Bhagwant Mann Government to provide travel Modi as an absconder or opposition to let the House (APP) said his party had document to Lalit Modi even fugitive. Dr P. Venugopa to function smoothly so that raised its voice against any on humanitarian grounds (AIADMK) said whosoever many pressing issues could kind of corruption and the was against the law and the was involved in the IPL scam be discussed. government should take Minister must resign. She should be punished. The Shri A.P. Jithender Reddy stern action against the had said that it would not government should take (TRS) said it was unfortunate offender in this case. affect the bilateral ties of stringent action against Lalit that the image of a sport like Shri E.T. Mohammad the two countries whereas Modi for misusing the travel cricket which was played Basheer (IUML) alleged that the UPA Government had documents to visit foreign and watched by all groups the government had a soft warned the UK Government countries and for diverting of people passionately was corner for Lalit Modi and the that if they gave travel a lot of ill-gotten money. He tarnished by some mala fide External Affairs Minister had documents, it could impact hoped that the government interests. The sanctity of the abused power by helping an the bilateral relations. Telling would take appropriate action sports must be protected economic offender. the High Commissioner of in the future to make the and suitable action should be Shri Asaduddin Owaisi the UK that giving travel IPL free from controversies taken against the accused in (AIMIM), while supporting documents to someone and corruption. Shri Dinesh a time bound manner. the adjournment motion was would not impact bilateral Trivedi (AITC) said their party Shri P. Karunakaran surprised that after disrupting relations was nothing but and its leader, Kumari Mamta (CPI-M) observed that the the House for so many days, a recommendation. Shri Banerjee had always fought main issue involved breaking the Congress party ultimately Kharge wanted to know against corruption. of the standard protocol agreed on a discussion and who had taken the decision The BJD MP, Shri by the Foreign Minister. He gave the opportunity to the to issue a new passport to Bhartruhari Mahtab wanted to know whether the Minister of External Affairs to Lalit Modi and whether the suggested that members decision to tell the British put forth her views. He said government of India had should read the report High Commissioner in the Prime Minister should
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have come to the House and Shri Rahul Gandhi (INC) was fine and penalty. Under responsible for washing out announced his full faith and said several people do FEMA, there was no provision of the entire Session of the trust on the Minister. humanitarian works but Smt. for any red corner alert or for House on a non issue. The Smt. Anupriya Patel Sushma Swaraj, the Minister any bailable or non-bailable UPA when in power ran a (Apna Dal) referring to the of External Affairs was the warrant. Under FEMA, no failed government and when disruption of proceedings first individual in the world one could be declared an things began to look good said 40 Members disrupted who did her humanitarian absconder or a fugitive in India and there was a new the Session in such a way works in secrecy. He wanted because one could not be confidence, the opposition that she, as a new member, to know as to why Lalit Modi arrested. Later, when the then wanted to sabotage the felt that all the rights in and the black money network Finance Minister wrote letters Indian growth story. Smt. democracy rested with the were being protected. to the Chancellor of the Sushma Swaraj was only opposition and the ruling The Minister of Finance, Exchequer in England saying a pretext. The real reason party had nothing. The entire Minister of Corporate Affairs why Lalit Modi was being was that the Congress party country came to know that and Minister of Information allowed to stay in England wanted to prevent important the Congress party was and Broadcasting, Shri when the Indian government legislations, particularly the opposing merely to oppose Arun Jaitley, replying to had cancelled Lalit Modi’s constitution amendment on and there was no content in the debate said after the passport, the Chancellor had the Goods and Services Tax. their allegations. 2009 IPL cricket tournament replied that the person could Intervening in the debate, Shri Dushyant Chautala held in South Africa, the not be deported under the the Minister of Urban (INLD) believed that a Enforcement Directorate British law because there had Development, Minister of number of people were issued notice on the basis of to be some criminal case for Housing and Urban Poverty involved in this IPL scam and the assumption that money deportation. The Chancellor Alleviation and Minister of inquiry should be conducted had been transferred for the suggested applying for his Parliamentary Affairs, Shri against them. tournament without taking extradition under the British M. Venkaiah Naidu said Shri N.K. Premachandran permission from the Reserve Extradition Law. Meanwhile the people of the country (RSP) said the External Bank of India. In spite of the the Delhi High Court had given a mandate to Shri Affairs Minister must resign notices, that person did not delivered a judgement saying Narendra Modi and to the BJP at the earliest in order to appear for the investigation that his passport has been government. He requested uphold the principles of and ran away to London. The wrongly cancelled. Thus, the members to argue, democracy. then UPA Government issued every step taken by the UPA discuss, debate and decide Shri Chirag Paswan (LJP) a light blue corner alert to government was taken in the and allow the Parliament to said Smt. Sushma Swaraj arrest that person. wrong direction. function. was a source of inspiration The case against that Sri Jaitley said the At the end of the debate, for young politicians like person was under the Foreign government would take all the Adjournment Motion was him and she had not done Exchange Management appropriate steps as per negatived. anything wrong in her long Act (FEMA) under which law against Lalit Modi. He political career. the maximum punishment said the opposition was
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The Regional Rural Banks (Amendment) consulted, if its shareholding is reduced authorisation on the principles of safety, security, Bill, 2014 below fifteen per cent; and soundness, efficiency and accessibility. After The Regional Rural Banks Act, 1976 provides for • The Central Government to raise or reduce the global financial crisis in 2007-08, several the incorporation, regulation and winding up of shareholding of the Central Government, developments took place, driven primarily by the Regional Rural Banks with a view to developing concerned State Government and the G20, for reforming the Over the Counter derivatives the rural economy by providing credit and other Sponsor Bank, by notification, with prior markets. Some of these new initiatives included facilities for the purpose of development of consultation with the concerned State setting up of Trade Repositories and Legal Entity agriculture, trade, commerce, industry and other Government. Identification System. productive activities in the rural areas, particularly • In Section 9 of Principal Act containing The Trade Repositories had emerged as a to the small and marginal farmers, agricultural provisions regarding Board of Directors, new type of Financial Market Infrastructure and labourers, artisans and small entrepreneurs. The following amendments have been proposed: are growing in importance, particularly in the Over said Act was amended from time to time and the • to make provisions for (i) shareholders to elect the Counter derivatives market. However, there last amendment was made in the year 2005. directors in view of the proposed provisions was no specific legal provision in any of the laws In view of growing business of the Regional for raising private capital by Regional Rural administered by the Reserve Bank of India to Rural Banks and expansion of their role in both Banks from sources other than the Central regulate and supervise the Trade Repositories qualitative as well as quantitative terms in extending Government, the State Government and the in India. Therefore, compliance of the Trade banking services in rural areas, a need was felt Sponsor Bank; (ii) a person not be a director Repositories with international norms needed to be by the Government to amend the Regional Rural on the Board of more than one Regional Rural ensured by the regulator through appropriate legal Banks Act, 1976 to strengthen their capital base Bank; (iii) appointment of an officer of the powers. In line with the G20 commitment and the and improve their overall capabilities. Central Government on the Board of Regional global developments, the Reserve Bank of India The Government accordingly brought forward Rural Banks, if considered necessary. had designated the Clearing Corporation of India the Regional Rural Banks (Amendment) Bill, 2014 • to provide for the term of the Directors Limited as a Trade Repository. to further amend the Regional Rural Banks Act, nominated by the Central Government The global financial crisis in 2007-08 and the 1976. on the Board of Directors of the Regional resultant difficulties experienced by banks and Rural Banks under clause (a) of sub-section regulatory agencies to identify the complicated Salient features of the Amending Bill: (1) of section 9 to be fixed for a period not business ventures and to efficiently establish • In Section 3 of the Principal Act, amendment exceeding three years and eligibility for connections between issuers and securities has been made to provide for the continuance re-nomination, and the combined tenure of brought forth the need for a standard uniform of managerial and financial assistance from the Central Government nominated Director code to properly attribute Over the Counter Sponsor Banks beyond the first five years of on the Board of one or more Regional Rural derivatives activity to a party or group. Recognising functioning of Regional Rural Banks. Bank, whether continuously or intermittently, the importance of a global identifier as a key • In Section 5 of the Principal Act, amendment has not to exceed six years. component of necessary improvements in financial been made to provide for the enhancement of data systems, the G20 endorsed the development authorised capital of each Regional Rural Bank The Bill was passed by Lok Sabha on 22 and maintenance of a global Legal Entity Identifier from five crore rupees to two thousand crore December 2014 and by Rajya Sabha on 28 April system. The Legal Entity Identifier is a 20-character rupees divided into two hundred crore of fully 2015 with amendments. The amendments made unique identity code assigned to entities which paid-up shares of ten rupees each. by Rajya Sabha were agreed to by Lok Sabha on are parties to a financial transaction and would be • In Section 6 of the Principal Act, amendment has 5 May 2015. The Bill as passed by both Houses unique across the globe. There was, however, no been proposed to provide for the issued capital of Parliament was assented to by the President of legal provision under any of the laws administered of each Regional Rural Bank to be not less than India on 12 May 2015. by the Reserve Bank of India for regulation and one crore rupees and shares in all cases to be oversight of the Legal Entity Identifier issuer. The fully paid-up shares of ten rupees each. In this The Payment and Settlement Systems Reserve Bank of India had selected the Clearing amendment has also been proposed to make (Amendment) Bill, 2015 Corporation of India Limited to act as a Local provisions for raising capital by Regional Rural The Payment and Settlement Systems Act, 2007 Operating Unit for issuing globally compatible Banks from sources other than the Central was enacted for the regulation and supervision Legal Entity Identifier in India. The use of the Legal Government, the State Government and the of payment systems in India and to designate the Entity Identifier numbers is likely to be mandated Sponsor Bank subject to the conditions:- Reserve Bank of India as the authority for that for Over the Counter derivative transactions and • That in no event the combined shareholding purpose and for matters connected therewith. large borrowers in a phased manner. of the Central Government and the Sponsor Subsequent to the enactment of this Act, the Given the markets being served by the Clearing Bank shall be less than fifty-one per cent; country had witnessed orderly growth of payment Corporation of India Limited, the participating • The State Government concerned to be systems, and these payments systems are granted banks run significant exposures against the said
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Corporation, in its role as central counter party. Hence, it • A new section 23A relating to “protection of funds was felt necessary to provide a sound and enforceable collected from the customers by the payment system legal basis for “netting” of banks exposures to said providers”, inserted. Corporation so that their exposure is reduced significantly. • A new section 34A inserted so as to apply the said The said Act, though providing for netting protection and Act to the designated trade repository and legal entity settlement finality in the event of insolvency or dissolution identifier issuer. of system participants, did not expressly contemplate a situation which may warrant netting on account of The Amending Bill was passed by Lok Sabha on 9 insolvency or dissolution of the central counter party itself. December 2014 and by Rajya Sabha with amendments The proposed amendments on enforceability of netting on 27 April 2015. The Amendments made by Rajya in the event of insolvency or dissolution of the system Sabha were agreed to by Lok Sabha on 5 May 2015. provider would provide finality to the determination of the The Bill as passed by both Houses of Parliament was payment obligations and settlement instructions between assented to by the President of India on 13 May 2015. a central counter party and system participants in the event of insolvency, dissolution or winding up of a central The Repealing and Amending (Second) Bill, counter party. 2014 Further, it was felt that these were some legal As a periodical measure, enactments which have ceased difficulties in securing the customers’ interest held to be in force or have become obsolete or the retention in escrowed accounts in the event of insolvency or whereof as separate Act is found unnecessary, are either bankruptcy of prepaid instruments, operators, which are repealed or in case where formal defects are detected in required to be addressed. enactments are corrected. The Government accordingly brought forward the In furtherance of this endeavour the Government Payment and Settlement Systems (Amendment) Bill, brought forward the Repealing and Amending (Second) 2014 proposing amendments to increase transparency Bill, 2014. and stability of Indian financial markets in line with globally accepted norms. Highlights of the Repealing Amending Bill The following Bills as set out in First Schedule of the Core provisions of the Amending Bill Amending Bill had been proposed to be amended:- • Sub-section (4) of section 23 of Principal Act to be • The Export-Import Bank of India (Amendment) Act, 1998 amended to provide that where by an order of the court, • The High Court and Supreme Court Judges (Salaries Tribunal or authority, the system participant is declared and Conditions of Service) Amendment Act, 1998 as insolvent or is dissolved or wound up, such order shall • The Salary, Allowances and Pension of Members of not affect any settlement that has become final and Parliament (Amendment) Act, 1999 irrevocable prior to such order or immediately thereafter. • The Recovery of Debts Due to Banks and Financial • A new sub-section (5) in section 23 of the Principal Institutions (Amendment) Act, 2000 Act inserted so as to provide that where an order under • The Small Industries Development Bank of India sub-section (4) of section 23 is made with respect to (Amendment) Act, 2000 a “central counter party”, the payment obligations and • The Food Corporations (Amendment) Act, 2000 settlement instructions between the central counter • The National Housing Bank (Amendment) Act, 2000 party and the system participants shall be determined • The Salary, Allowances and Pensions of Members of by such central counter party in accordance with Parliament (Amendment) Act, 2000 the gross or netting procedure, as the case may be, • The Leaders and Chief Whips of Recoginised Parties and approved by the Reserve Bank of India. Groups in Parliament (Facilities) Amendment Act, 2000 • A new sub-section (6) in section 23 of the Principal Act • The Major Port Trusts (Amendment) Act, 2000 inserted so as to provide that the liquidator or receiver • The Insecticides (Amendment) Act, 2000 of the central counter party shall not re-open the • The Border Security Force (Amendment) Act, 2000 determination which has become final and irrevocable • The State Financial Corporations (Amendment) Act, 2000 and after appropriating the collateral provided • The Multimodal Transportation of Goods (Amendment) by system participants towards their settlement Act, 2000 obligations, return the excess collaterals to system • The National Bank for Agriculture and Rural participants. Development (Amendment) Act, 2000
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• The Chit Funds (Amendment) Act, 2001 (Amendment) Act, 2003 Development Authority (Amendment) Act, 2009 • The Warehousing Corporations (Amendment) • The Merchant Shipping (Amendment) Act, 2003 • The High Court and Supreme Court Act, 2001 • The Prevention of Terrorism (Amendment) Act, 2003 Judges (Salaries and Conditions of Service) • The Food Corporations (Amendment) Act, 2001 • The Citizenship (Amendment) Act, 2003 Amendment Act, 2009 • The Government of Union Territories and the • The Salary, Allowances and Pension of Members • The State Bank of Saurashtra (Repeal) and Government of National Capital Territory of Delhi of Parliament (Amendment) Act, 2003 the State Bank of India (Subsidiary Banks) (Amendment) Act, 2001 • The Foreigners (Amendment) Act, 2004 Amendment Act, 2009 • The Inland Waterways Authority of India • The Banking Regulation (Amendment) and • The State Bank of India (Amendment) Act, 2010 (Amendment) Act, 2001 Miscellaneous Provisions Act, 2004 • The Salary, Allowances and Pensions of • The Salary, Allowances and Pensions of • The Enforcement of Security Interest and Recovery Members of Parliament (Amendment) Act, 2010 Members of Parliament (Amendment) Act, 2001 of Debts Laws (Amendment) Act, 2004 • The Code of Criminal Procedure (Amendment) • The Explosive Substance (Amendment) Act, 2001 • The Government of Union Territories and the Act, 2010 • The Inter-State Water Disputes (Amendment) Government of National Capital Territory of Delhi • The Indian Medicine Central Council Act, 2002 (Amendment) Act, 2005 (Amendment) Act, 2010 • The Salaries and Allowances of Officers of • The Citizenship (Amendment) Act, 2005 • The State Bank of India (Subsidiary Banks) Parliament and Leaders of Opposition in • The Sree Chitra Tirunal Institute for Medical Amendment Act, 2011 Parliament (Amendment) Act, 2002 Sciences and Technology, Trivandrum • The State Bank of India (Subsidiary Banks • The Sugar Development Fund (Amendment) (Amendment) Act, 2005 Laws) Amendment Act, 2011 Act, 2002 • The Warehousing Corporations (Amendment) • The New Delhi Municipal Council (Amendment) • The Salaries and Allowances of Officers of Act, 2005 Act, 2011 Parliament (Second Amendment) Act, 2002 • The High Court and Supreme Court • The Life Insurance Corporation (Amendment) • The Salary, Allowances and Pensions of Judges (Salaries and Conditions of Service) Act, 2011 Members of Parliament (Amendment) Act, 2002 Amendment Act, 2005 • The Export-Import Bank of India (Amendment) • The General Insurance Business • The Criminal Law (Amendment) Act, 2005 Act, 2011 (Nationalization) Amendment Act, 2002 • The Government of Union Territories and the • The North-Eastern Areas (Reorganization) and • The Insurance (Amendment) Act, 2002 Government of National Capital Territory of Delhi Other Related Laws (Amendment) Act, 2012 • The Homoeopathy Central Council (Amendment) Act, 2006 • The Chemical Weapons Convention (Amendment) Act, 2002 • The Contempt of Courts (Amendment) Act, 2006 (Amendment) Act, 2012 • The Indian Medicine Central Council • The Reserve Bank of India (Amendment) Act, 2006 • The Enforcement of Security Interest and Recovery (Amendment) Act, 2002 • The Salary, Allowances and Pension of Members of Debts Laws (Amendment) Act, 2012 • The Negotiable Instruments (Amendment and of Parliament (Amendment) Act, 2006 • The Banking Laws (Amendment) Act, 2012 Miscellaneous Provisions) Act, 2002 • The Banking Companies (Acquisition and • The Wakf (Amendment) Act, 2013 • The Salaries and Allowances of Officers of Transfer of Undertakings and Financial Parliament and Leaders of Opposition in Institutions Laws (Amendment) Act, 2006 In the following two Bills in the Second Schedule, Parliament (Second Amendment) Act, 2002 • The Essential Commodities (Amendment) Act, 2006 some minor procedural defects had been corrected: • The Consumer Protection (Amendment) Act, 2002 • The Banking Regulation (Amendment) Act, 2007 • The Railways (Amendment) Act, 2008 (the • The High Court Judges (Salaries and Conditions • The National Tax Tribunal (Amendment) Act, 2007 words and figure “Section 2” had been omitted of Service) Amendment Act, 2002 • The State Bank of India (Subsidiary Banks and instead inserted after brackets). • The Supreme Court Judges (Salaries and Laws) Amendment Act, 2007 • The Indian Maritime University Act, 2008 (In Conditions of Service) Amendment Act, 2002 • The State Bank of India (Amendment) Act, 2007 section 2, for the words “in all Statutes made • The Scheduled Castes and Scheduled Tribes • The Inland Vessels (Amendment) Act, 2007 hereunder” had been substituted). Orders (Amendment) Act, 2002 • The Merchant Shipping (Amendment) Act, 2007 • The Companies (Second Amendment) Act, 2002 • The Sugar Development Fund (Amendment) The Repealing and Amending (Second) Bill, was • The Delhi High Court (Amendment) Act, 2003 Act, 2008 passed by Lok Sabha on 8 December, 2014 • The Essential Commodities (Amendment) Act, 2003 • The Salaries and Allowances of Officers of and by Rajya Sabha with some amendments on • The Sixth Schedule to the Constitution Parliament (Amendment) Act, 2008 5 May, 2015. The amendments made by Rajya (Amendment) Act, 2003 • The Code of Criminal Procedure (Amendment) Sabha were agreed to by Lok Sabha on 7 May, • The National Bank for Agriculture and Rural Act, 2008 2015. The Bill as passed by both Houses of Development (Amendment) Act, 2003 • The Supreme Court (Number of Judges) Parliament was assented to by the President of • The Railways (Second Amendment) Act, 2003 Amendment Act, 2008 India on 7 May, 2015. • The Indian Medicine Central Council • The Agricultural and Processed Food Products Export
The Parliamentarian | 2016: Issue One | 83 PARLIAMENTARY REPORT AUSTRALIA MINISTERIAL RESIGNATIONS Ministers resign reflection about certain in the unauthorised access and will continue at least The Prime Minister, Hon. matters that occurred during to diary extracts of the former for some months, as he Malcolm Turnbull MP, an official visit to Hong Kong Speaker, Hon. Peter Slipper understands.” only months into his prime in late November of this year.” by the former Speaker’s staff Hon. Stuart Robert MP, ministership, has been rocked Mr Briggs further stated member, Mr James Ashby. resigned as Minister for by the resignation of three that “at the conclusion of the On 18 November, Mr Veterans’ Affairs and Minister senior ministers in quick official programme for the day, Brough stated that “I can for Human Services for succession. This comes as the my Chief of Staff and I went for confirm reports that the breaching ministerial rules. Turnbull Government faces an dinner and we invited several AFP visited me on Tuesday In 2014 Mr Robert while a election later in 2016. other officials of which one requesting any documentation Minister, but in a personal Hon. Jamie Briggs MP, female public servant agreed relating to allegations capacity, travelled to China Minister for Cities and the Built to attend. At the conclusion involving the disclosure of to help close a mining deal Environment, resigned after an of the dinner (which I paid diary notes of Mr Slipper.” between Nimrod Resources Australian female public servant for personally) we went to a Mr Brough further stated run by his friend and Liberal complained about his behaviour popular and as it transpired that “I can also confirm that Party donor Mr Paul Marks at a Hong Kong street bar during very crowded bar for drinks I provided the exact same and the Chinese government- an official trip in November. It during which we interacted material to the AFP as I owned company Minmetals. is alleged that the behaviour between the three of us and previously provided to the On 9 February when involved a hug, a comment with others in what I believed, Federal Court.” questioned over this matter about her eyes and kiss as they at the time, was an informal During question time in the during question time, Mr were departing the bar. manner. At the conclusion of House of Representatives, Robert stated that “I thank On 29 December, the the evening, the public servant Mr Brough received a the member for his question Prime Minister announced left to return home and my series of ongoing questions regarding a visit I undertook that Mr Briggs had resigned. Chief of Staff and I returned about this matter from the overseas in a personal The Prime Minister noted that to our hotel together. At no Shadow Attorney-General, capacity in 2014. Can I say to “as Mr Briggs has noted in his point was it my intention to Hon. Mark Dreyfus MP. In the House: I am confident I public statement, Ministers act inappropriately and I’m rebutting these questions, have not acted inappropriately are expected to uphold high obliged to note for the record Mr Brough referred Mr and, as the Prime Minister said standards of behaviour as set that nothing illegal has been Dreyfuss to remarks he yesterday, this matter has been out in the Ministerial Standards. alleged or did in fact occur.” made in his statement on 18 referred to the highest public On this occasion his conduct Mr Briggs noted that November. On 29 December servant in the land, Dr Martin fell short of that standard. “however, in the days following the Prime Minister confirmed Parkinson PSM, for review and After being invited to reflect the evening the public servant in a statement that “Mr I, of course, will fully assist the on his position, he offered raised a concern about Brough and I have agreed secretary in his review.” his resignation which I have the appropriateness of my that he will stand aside as On 12 February, the Prime accepted.” behaviour towards her at Special Minister of State and Minister announced that Mr Briggs in his letter of the venue. I have apologised Minister for Defence Materiel Mr Robert’s actions were resignation commented that directly to her but after careful and Science pending the inconsistent with ministerial his decision to resign “has reflection about the concerns completion of inquiries by the standards and that he would been made after careful she raised and the fact that I police.’ The Prime Minister be standing down. Mr Turnbull was at a bar, late at night while noted that ‘in offering to stand stated that “in the course of on an overseas visit, I have aside Mr Brough has done the assisting the investigation, Mr concluded that this behaviour right thing, recognising the Robert advised Dr Parkinson has not met the particularly importance of the Government that on checking his records he high standards required of maintaining an unwavering had become aware that shares Ministers. Therefore the proper focus on jobs, economic in Metallum Holdings Pty Ltd, course for me is to resign. This growth and national security.” a company in which Mr Marks was an error of professional On 13 February Mr Turnbull was also a shareholder, had judgement.” advised that “Mal Brough been allocated to his trustee Hon. Malcolm Brough informed me earlier today some time before the visit to MP, resigned as Special that he did not wish to be Beijing. He told Dr Parkinson Minister of State as a result considered for a position in that this had been done without Hon. Malcolm Turnbull MP of a continuing Australian the new executive line up his knowledge. He further Prime Minister Federal Police (AFP) inquiry given the fact that the police advised Dr Parkinson that he into his alleged involvement investigations are continuing believed Metallum Holdings
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Pty Ltd had an interest in Attorney-General, Hon. Mark disguise what it is: Nimrod Resources. Mr Robert Dreyfus MP, has referred it’s a response to recognised that this connection Mr Robert’s action to the the Stuart Robert would create the impression Australian Federal Police for scandal. Malcolm that at the time he went to further investigation. Turnbull promised Beijing he had something a stronger form of personally to gain from the Prime Minister Turnbull government after Nimrod Resources project.” announces new Ministry he rolled Tony Mr Turnbull advised that The Prime Minister, Hon. Abbott. Everyone “as a result, Mr Robert has Malcolm Turnbull MP, has been in Australia is just asked me not to consider him forced to revise his ministerial wondering when it in the pending reshuffle of line-up due to a number of begins.” the ministry. I thank him for Ministers being forced to resign Mr Turnbull paid his service as a minister and and others announcing their tribute to two senior the Prime Minister noted for his candid co-operation retirement in the lead up to the ministers who that “I’m appointing Andrew with Dr Parkinson in his election later in 2016. announced their retirement. Robb as a Special Envoy for inquiry.” Mr Turnbull noted On 13 February, the Prime Hon. Warren Truss MP, Trade between now and the that “Dr Parkinson concluded Minister announced his new former leader of the Nationals election so that he can support that Mr Robert had acted Ministry. Mr Turnbull stated and Deputy Prime Minister Steven in the transition into inconsistently with the that “the new ministerial line will be retiring at the next the new portfolio and ensure Statement of Ministerial up that I’m announcing today election and stepping down that Andrew’s remarkable Standards, although he is a dynamic team which from the ministry. Similarly, range of international contacts accepts that Mr Robert may combines youth, new talent, Hon. Andrew Robb MP, will be introduced to his not have intended to do so. experience, continuity and a former Minister for Trade, successor.” Hon. Darren He also notes that Mr Robert real sense of innovation and announced that he also would Chester MP, will take on Mr appears not to have received enterprise. It’s a team that’s be retiring at the next election. Truss’s responsibilities for any financial benefit and focused on Australia’s future, Mr Turnbull stated that “I want infrastructure and transport. that the conduct in question focused on the policies that to pay tribute, especially to two Senator Hon. Mathias did not directly relate to Mr will encourage innovation towering figures of the Coalition Cormann retains his position Robert’s Ministerial duties.” and enterprise, secure our in government and indeed in as Minister for Finance but also The Leader of the prosperity as a 21st century opposition, who retired during takes on the role of Special Opposition, Hon. Bill economy with a strong social this week, Warren Truss and Minister of State. Senator Shorten MP, commented welfare safety net, ensure we Andrew Robb. And you know, Hon. Scott Ryan takes on the that “Malcolm Turnbull is too remain the nation we want they have left us and their role of Minister for Vocational arrogant to answer questions to be, we want to remain, talents are immense but what Education and Skills. Hon. in the Parliament on the high wages, generous social it has underlined to me and Alan Tudge MP becomes Stuart Robert scandal, too welfare safety net, advanced this has been the hardest part Minister for Human Services, arrogant to face the media, too technology, jobs for our of my work since then, is the Mr Dan Tehan MP, becomes arrogant to be accountable children and our grandchildren enormous talent we have in our Minister for Defence Material to the Australian people. I do in this the most exciting time in party room.” and the Minister for Veterans’ not believe that Mr Turnbull’s human history.” Due to the retirement of Mr Services, and Mr Craig Laundy Liberals understand what The Leader of the Truss, Hon. Barnaby Joyce MP, becomes Minister for Stuart Robert has done wrong, Opposition, Hon. Bill MP, and Hon. Fiona Nash MP, Multicultural Affairs. even now. The new Deputy Shorten MP, commented were elected as Leader and Senator Hon. Concetta Prime Minister, Barnaby that “I think that the Turnbull Deputy Leader respectively Fierravanti-Wells becomes Joyce, has said, and I quote, Government’s in a bit of of the National Party. Under Minister for International ‘what was the crime?’ Foreign chaos really. It’s bad form to the Coalition agreement, Mr Development and the Pacific Minister Julie Bishop has said lose 14 ministers in the last Joyce becomes Deputy Prime and Senator Matt Canavan and I quote, ‘it’s perfectly six months. We’re about two Minister. Mr Joyce retained becomes Minister for Northern acceptable.’ Treasurer Scott months or three months away his portfolio of Agriculture Australia. Morrison, a Stuart Robert ally from a Budget and we’ve got a and Water Resources, while has said that it was a ‘beat-up’. whole lot of L-plate ministers Ms Nash becomes Minister Senate Additional Even today in Mr Turnbull’s trying to work out how to get for Regional Development, Estimates 8 to 12 media statement, he has not the Budget back in the black, Regional Communications and February 2016 actually said that Stuart Robert how to make big decisions Rural Health. Senate estimates are one of has done the wrong thing.” about the future of Australia. Hon. Steven Ciobo MP, the most effective instruments This matter has not This ministerial reshuffle, no takes over from Mr Robb as of the Australian Parliament concluded as the Shadow amount of camouflage can the Minister for Trade but for scrutinising and holding
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the executive to account. this is heading. I conclude by Government agencies are saying that I sincerely hope called to appear before that the thoroughness and various Senate Legislation credibility of Senate Committee Committees. In addition, inquiries, the willingness of parliamentary departments are witnesses to make submissions also scrutinised. The Australian and keep coming back to give Australian Citizenship Amendment (Allegiance to Australia) Parliament is supported by four evidence, and the value of Act 2015 parliamentary departments what is unique about Senate The legislation provides explicit powers for the cessation of comprising the Department of Committee inquiries, which are Australian citizenship in specified circumstances where a dual Parliamentary Services (DPS), all the product of decades of citizen engages in terrorism-related conduct. The Minister for the Parliamentary Budget sustained efforts by senators Immigration and Border Protection, Hon. Peter Dutton MP, Office, the Department of the and staff, will survive the commented that the legislation “implements the commitment Senate and the Department of demands currently being made by the Prime Minister, myself and the Australian Government the House of Representatives. placed on the system.” to address the challenges posed by dual citizens who betray The Parliamentary Library The Committee Chair, Australia by participating in serious terrorism related activities.” is part of DPS and the Senator Cory Bernardi, Mr Dutton commented that a purpose clause has been inserted Parliamentary Education Office commented that “I would like to into the legislation which “states that, by these amendments, the is part of the Department of say that I share your sentiments parliament recognises that Australian citizenship is a common the Senate. The Department of and concerns about Senate bond, involving reciprocal rights and obligations, and that citizens the House of Representatives inquiries. I wonder if you have may, through certain conduct incompatible with the safety and does not appear before Senate any information, or whether you shared values of the Australian community demonstrate that Estimates Committees. can provide it on notice, about they have severed that bond and renounced their allegiance to During scrutiny of the senators who have supported Australia.” Mr Dutton noted that “in accordance with Australia’s Department of the Senate, the initiation of an inquiry— international law obligations, no-one will lose citizenship under any the Clerk of the Senate, either sponsoring the inquiry of these provisions unless they are a national of another country.” Dr Rosemary Laing, was or as a party to the motion— The new section of the legislation provides that a person who scrutinised about the but who have then failed to is a national or citizen of a country other than Australia renounces increasing workload of the participate in that inquiry?” their Australian citizenship if they act inconsistently with their Committee Office arising Dr Laing responded that allegiance to Australia by engaging in specified conduct including: from the large number of there was no information engaging in international terrorist activities using explosive or inquiries. Dr Laing, during to hand but in any event “it lethal devices; engaging in a terrorist act; providing or receiving her opening statement to the is the Senate that makes training connected with preparation for, engagement in, or Senate Finance and Public decisions. One senator may assistance in a terrorist act; directing the activities of a terrorist Administration Legislation put up a notice of motion for organisation; recruiting for a terrorist organisation; financing Committee, commented that decision, but it is the Senate terrorism; financing a terrorist; and engaging in foreign incursions “overall, the Senate Committee that makes the decision.” and recruitment. Office is currently supporting Senator Bernardi responded Automatic loss of citizenship will be triggered whether the 83 separate inquiries, which is that “indeed that is true, but conduct takes place inside or outside Australia. The Minister must either a record or pretty near it. the inquiry is initiated at the give notice that a person has ceased to be an Australian citizen This number does not include instigation of the people named once the Minister becomes aware of the person’s conduct giving the work of the legislative in the reference. It has been my rise to that outcome, but this notice does not affect when the loss scrutiny committees or those experience, on some inquiries of citizenship takes place. joint committees whose that I have participated in, that In summing up debate on the legislation, Mr Dutton noted secretariats are provided by sometimes the people who the work of the Parliamentary Joint Committee on Intelligence the other side.” Dr Laing noted have initiated the reference do and Security in reviewing the Bill and making recommendations that “while the number of not even turn up to it. It beggars to include additional safeguards in the legislation which the staff has increased because belief that a senator wants government accepted. of temporary funding—for to initiate an inquiry and then During debate in the Senate, the Shadow Minister for Higher one year—provided in the last does not participate in it. It is Education, Research, Innovation and Industry, Senator Hon. budget, the ultimate capacity extraordinary. We have to pick Kim Carr, commented that it “is one of the most controversial of committees, measured up the load and you guys have items of legislation to have arisen from the current concerns about by the number of senators to pick up the load as well.” global terrorism and the potential involvement of Australians.” available to serve on them, Dr Laing concluded that “as I Senator Carr noted that “this Bill contains many provisions has not increased for over said, it is a matter for senators intended to ensure that people cannot easily forfeit their citizenship three decades and is not likely and the Senate, but we will and the right to call themselves Australian. This is important, to for the foreseeable future. see if we can retrieve anything particularly given what we have just heard: in respect of this Bill, it Frankly, I wonder where all enlightening.”
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THIRD READING: AUSTRALIA
is in a form, which has been introduced to the income-contingent nature of our student been projected, requiring, as it does, the self- Senate today, which is vastly different from loans system—a system that is the envy of registration of foreign residents and overseas the original Bill introduced in the other place the world—by only requiring those who earn travellers. Even with the punitive regime that in June. The Bill we are now presented with above the minimum repayment threshold to this Bill requires, with the tax office potentially was substantially amended in response to make the repayments they would have to hovering over anyone who fails to sign up the recommendations of the Joint Committee make if they were in Australia.” before going on a backpacking trip around on Intelligence and Security. It is because of In 2015 HELP and trade support loan South America or South-East Asia, I have those changes, which greatly constrained debtors in Australia only begin to repay much less hope than the government at the the power of the Minister for Immigration their debt when they earn over $54,126 revenue-raising possibilities involved here.” and Border Protection to deprive a person of per annum, after which borrowers pay four Senator Simms concluded that “even if these citizenship, that Labor is willing to support the per cent of their income towards their debt. projections of potential revenue turn out to Bill.” Mr Pyne advised that “under our proposed be correct, the Greens would not support this higher education reforms, there would be a Bill. Not only is it evidence of a government Education Legislation Amendment new minimum repayment income threshold of with distorted priorities but it is poorly crafted (Overseas Debt Recovery) Act 2015 $50,638 in 2016–17, and the new minimum and it contains some serious procedural The legislation creates an overseas repayment would be two per cent per year. problems that we will seek to amend.” repayment obligation for Australians who Australians living overseas would only begin Senator Simms noted that “the first have taken advantage of the government’s to repay their debts when their income reservation that the Greens have with this Bill generous income-contingent loans. This reaches the equivalent amount.” is the requirement that those with existing includes Higher Education Loan Program (or During debate in the Senate, Senator HELP or TSL debt who are intending to travel HELP) loans and trade support loans (TSL). Helen Polley noted that Labor would overseas for more than six months after the The then Minister for Education and Training, support the legislation commenting that commencement of the Bill have only up to Hon. Christopher Pyne MP, commented the measures are the “first step towards seven days to register with the Australian that the legislation is “about ensuring equity recovering unpaid HECS [Higher Education Taxation Office. Failing to comply with this and fairness for all Australians with HELP or Contribution Scheme] debts from Australians would amount to a failure to comply with the TSL debts, and about maintaining the stability living overseas.” Senator Polley commented Taxation Administration Act, with a roughly and security of our education and training that “we regret, however, that the government equivalent punishment. Additionally, foreign systems.” has taken so long to introduce this measure, residents with assessed worldwide income Mr Pyne noted that “under the current which it foreshadowed shortly after the 2014 above the repayment threshold must pay system, Australians overseas are able to budget. There is no mystery about the reason an amount equivalent to the repayment that make voluntary repayments to the Australian for the delay. For most of the past 18 months they would make if they were an Australian Taxation Office but are not under any legal the government has been preoccupied with resident. The government has entirely put the obligation to repay their debt to the Australian its agenda to deregulate university fees and onus on the individual to not only be aware of taxpayer.” In response to this situation Mr cut funding for student places.” their responsibilities in this Bill but also assess Pyne stated that “now, for the first time, Senator Robert Simms, Australian whether they are in fact over the assessable Australians who live and work overseas will Greens, commented that he was “sceptical worldwide income. It is a bit onerous to expect be required to pay back the same amount about the ability of this measure to raise people living overseas to keep up to date with of their HELP or TSL debt as they would if even the pitiful amount of revenue that has the happenings in Australian politics.” they were living and working in Australia. This is a matter of equity. It is also a matter of sustainability, ensuring the quality of future education in Australia, and being one of the reasonable measures needed to maximise the repayment of debts to the taxpayers while preserving the income contingent nature of our student and trade loans.” The measure will save more than $25 million from 2015–16 to 2018–19 and more than $150 million over 10 years in fiscal balance terms. Mr Pyne noted that “the repayment system will uphold the
The Parliamentarian | 2016: Issue One | 87 The Commonwealth Parliamentary Association (CPA)
Executive Committee, Officers, CPA Secretariat and Commonwealth Women Parliamentarians (CWP) Steering Committee Patrons
PATRON: VICE-PATRON: Her Majesty Queen Elizabeth II Vacant Head of the Commonwealth
CPA International Executive Committee Executive Committee Members’ dates of membership are indictated below each name. Portrait of The Queen © John Swannell/Camera Press Officers Regional Representatives
PRESIDENT (2015-2016): AFRICA ASIA BRITISH ISLANDS AND Vacant MEDITERRANEAN Hon. Thandi Modise, MP Hon. Karu Jayasuriya, MP CHAIRPERSON OF THE Chairperson of the National Speaker of Parliament, Sri Lanka Hon. Carmelo Abela, MP EXECUTIVE COMMITTEE Council of Provinces, South Africa (2013-2016) Malta (2014-2017): (2013-2016) (2013-2016) Hon. Dr Shirin Sharmin Hon. Mian Tariq Mehmood, MPA Chaudhury, MP Hon. Machana Ronald Provincial Assembly, Punjab, Hon. Derek Thomas, MLC Speaker of Parliament, Shamukuni, MP Pakistan St Helena Bangladesh Botswana (2014-2017) (2014-2017) (2013-2016) VICE-CHAIRPERSON Hon. Imran Ahmad, MP Rt Hon. Sir Alan Haselhurst, MP (2015-2016): Hon. Mutimura Zeno, MP Bangladesh United Kingdom Hon. Shirley M. Osborne, MLA Rwanda (2015-2018) (2015-2018) Speaker of the Legislative (2014-2017) Assembly, Montserrat Also Regional Representative Rt Hon. Themba Msibi, MP AUSTRALIA CANADA for Caribbean, Americas and the Speaker of Parliament, Swaziland Atlantic Region (2013-2016) (2014-2017) Hon. Mrs Vicki Dunne, MLA Hon. Wade Verge, MHA Australia Capital Territory Speaker of the House of TREASURER Hon. Emilia Monjowa Lifaka, MP (2013-2016) Assembly, Newfoundland and (2014-2017): Deputy Speaker of Parliament, Labrador Hon. Request Muntanga, MP Cameroon Hon. Kezia Purick, MLA (2013–2016) Zambia (2015-2018) Speaker of the Legislative Assembly, Northern Territory Hon. David Laxton, MLA CHAIRPERSON OF THE Hon. Umar Buba Jibril, MP (2014-2017) Speaker of the Legislative COMMONWEALTH WOMEN Deputy House Leader, Nigeria Assembly, Yukon PARLIAMENTARIANS (CWP) (2015-2018) Hon. Russell Paul Wortley, MLC (2014-2017) (2013-2016): President of the Legislative Rt Hon. Rebecca Kadaga, MP Council, South Australia Hon. Alexandra Mendes, MP Speaker of Parliament, Uganda (2015-2018) Canada (2015-2018)
88 | The Parliamentarian | 2016: Issue One The Commonwealth Parliamentary Association (CPA)
CARIBBEAN, AMERICAS AND PACIFIC CPA Regional ATLANTIC CANADA Mr Paul Foster-Bell, MP Secretaries Mr Blair Armitage Hon. Shirley M. Osbourne, MLA New Zealand Parliament of Canada AFRICA Speaker of the Legislative (2013-2016) Dr Thomas Kashililah Assembly, Montserrat CARIBBEAN, AMERICAS & Parliament of Tanzania (2013-2016) Hon. Niki Rattle, MP ATLANTIC Also Vice-Chairperson Speaker of Parliament, Cook Ms Heather Cooke ASIA (2015-2016) Islands Parliament of Jamaica Md. Ashraful Moqbul (2014-2017) Parliament of Bangladesh Hon. Michael Peyrefitte, MP INDIA Speaker of Parliament, Belize Hon. Agafili Patisela Eteuati Shri Anoop Mishra AUSTRALIA (2014-2017) Tolovaa, MP Parliament of India Mr Tom Duncan Deputy Speaker of the Legislative Australia Capital Territory Hon. Franklin O. Brand, MP Assembly, Samoa PACIFIC Legislative Assembly Speaker of the National (2015-2018) Mr Steve Cutting Assembly, St Christopher and Parliament of New Zealand BRITISH ISLANDS & Nevis MEDITERRANEAN (2015-2018) SOUTH-EAST ASIA Mr Andrew Tuggey Mrs Roosme Hamzah Parliament of the United Kingdom INDIA SOUTH-EAST ASIA Parliament of Malaysia
Hon. Dr Charnjit Singh Hon. S. K. Devamany, MP CPA Secretariat Atwal, MLA Speaker of Perak State Speaker of the Legislative Legislative Assembly, Perak, Mr Akbar Khan Assembly, Punjab Malaysia 7th Secretary-General (2013-2016) (2013-2016) Commonwealth Parliamentary Tel: +44 (0)20 7799 1460 Dr Sitasaran Sharma, MLA Dr Lim Biow Chuan, MP Assocation, CPA Secretariat, Fax: +44(0)20 7222 6073 Speaker of the Legislative Singapore Suite 700, Westminster House, Email: [email protected] Assembly, Madhya Pradesh (2014-2017) 7 Millbank, London SW1P 3JA, www.cpahq.org (2014-2017) United Kingdom Hon. Dato’ Noraini Ahmad, MP Shri P. P. Chaudhary, MP Malaysia Lok Sabha, India (2015-2018) A full listing of the CPA Branch Directory can be (2015-2018) found at: www.cpahq.org
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