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Global Best Practices: a Model Annual State of the Parliament Report* GLOBAL BEST PRACTICES: A MODEL ANNUAL STATE OF THE PARLIAMENT REPORT* A Strategic Monitoring and Reporting Tool for Promoting Democratic Parliaments Worldwide (2005) • Contact: Professor Keith Henderson, [email protected]; [email protected] or [email protected] A number of experts from other regions made significant contributions to developing this framework, including Sandra Elena from Argentina, Violaine Autheman from France and Rosie Zigormo from Zimbabwe, as well as the Canadian Parliamentary Centre. IFES Parliamentary Tool Kit Model State of Parliament Report: Framework TABLE OF CONTENTS IFES Parliamentary Toolkit: Multiple Uses of the Annual State of Parliament Report 3 IFES Parliamentary Toolkit: Parliamentary Transparency and Accountability Standards 4 Abstract 5 1. Overview: Country Context and Methodology 6 a. The Functions of Parliament in the Country Context 6 b. Scope of the State of Parliament Report: the IFES Parliamentary Transparency and Accountability Standards, PTAS 8 c. Multifaceted Methodology 9 2. Relevant International and Domestic Legal and Institutional Framework 11 a. International and Regional Obligations 11 b. Constitutional Standards 12 c. Country Legal Framework 12 d. Country Institutional Framework 12 3. Assessment of the Level of Compliance with the PTAS 13 PTAS.1: Independence of Parliament 13 PTAS.2: Free and Fair Parliamentary Elections 14 PTAS.3: Transparent, Adequate Political Financing and Compensation 14 PTAS.4: Representative Parliament 16 PTAS.5: Security of Tenure 16 PTAS.6: Free Parliamentary Speech 17 PTAS.7: Participatory, Transparent Law and Decision-Making Process 18 PTAS.8: Transparent Oversight of the Executive 19 PTAS.9: Parliamentary Participation in the Formulation and Oversight of the Government’s Budget 19 PTAS.10: Parliamentary Participation in the Adoption of and Oversight of Compliance with International Obligations 20 PTAS.11: Transparent, Efficient Parliamentary Committees 21 PTAS.12: Adequate, Independent Parliamentary Budget 21 PTAS.13: Clear, Effective Conflict of Interest Rules and Standards of Conduct 22 PTAS.14: Clear, Fair, Transparent Disciplinary Rules, Procedures and Sanctions 23 PTAS.15: Parliamentary Immunity 23 PTAS.16: Parliamentary and Public Access to Information 24 PTAS.17: Adequate Facilities, Equipment and Technology 25 PTAS.18: Professional Training for Legislators and Staff 26 PTAS.19: Adequately-Compensated Research, Library and Committee Staff 27 ANNEX 1: List of Acronyms 28 2 IFES Parliamentary Tool Kit Model State of Parliament Report: Framework ANNEX 2: Bibliography 29 ANNEX 3: Draft Indicators for Democratic Parliaments 41 ANNEX 4: Cross-Reference Table 54 3 IFES Parliamentary Tool Kit Model State of Parliament Report: Framework IFES Parliamentary Toolkit: Multiple Uses of an Annual State of the Parliament Report (i) Making parliamentary transparency and accountability reform a high priority; (ii) Developing broad-based coalitions and parliamentary reform strategies around a common agenda; (iii) Developing concrete action plans designed to implement prioritized legislative reforms based on regional and international best practices; (iv) Providing key stakeholders, the media and the public in general with reliable and comprehensive information on the state of the Parliament; (v) Presenting an in-depth analysis of issues related to Parliament; (vi) Presenting prioritized recommendations for the development of reform strategies; (vii) Reporting on the state of the parliament, its progress or regression in terms of transparency and accountability, and its capacity to undertake its constitutional functions, through uniform indicators and monitoring standards; (viii) Increasing ground for more parliamentary resources and donor and technical assistance; (ix) Promoting high-quality, empirical research; (x) Providing the tools for a more coordinated, strategic action among reformers, international organizations and donors; (xi) Promoting more peer pressure among all actors in the reform process; (xii) Enhancing the importance of the Parliament and the legislators; (xiii) Increasing the quality and availability of information on the Parliament; (xiv) Increasing public understanding, trust and respect for the Parliament and its members; (xv) Providing stakeholders and civil society with a tool for oversight and advocacy for reform; and (xvi) Qualifying for donor assistance through the Millennium Challenge Account and meeting terms of conditionality through the international financial institutions and development banks, and free trade and anti-corruption conventions. 4 IFES Parliamentary Tool Kit Model State of Parliament Report: Framework IFES Parliamentary Toolkit: Parliamentary Transparency and Accountability Standards (PTAS) The Right to Transparent and Accountable Governance: Best Practices Standards for Democratic Parliaments 1. Independence of Parliament 2. Free and Fair Parliamentary Elections 3. Transparent, Adequate Political Financing and Compensation 4. Representative Parliament 5. Parliamentary Security of Tenure 6. Free Parliamentary Speech 7. Participatory, Transparent Law and Policy-Making Processes 8. Transparent Oversight of the Executive 9. Participation in the Formulation and Oversight of the Government’s Budget 10. Participation in the Adoption of and Oversight of Compliance with International Obligations 11. Transparent, Efficient Committees 12. Adequate, Independent Parliamentary Budget 13. Clear, Effective Conflict of Interest Rules and High Standards of Conduct 14. Clear, Fair and Transparent Disciplinary Rules, Procedures and Sanctions 15. Parliamentary Immunity 16. Parliamentary and Public to Access Information 17. Adequate Facilities, Equipment and Technology 18. Professional Training for Legislators and Staff 19. Adequately-Compensated Research, Library and Committee Staff 5 IFES Parliamentary Tool Kit Model State of Parliament Report: Framework GLOBAL BEST PRACTICES: A MODEL ANNUAL STATE OF THE PARLIAMENT REPORT A Strategic Tool for Promoting, Monitoring and Reporting on Parliamentary Transparency and Accountability Reforms and Engendering Global Debate ABSTRACT: The unfolding historic democratic global transition is not sustainable without viable democratic legislatures or parliaments. The objective of this working white paper is to present a strategic monitoring and reporting framework that can be used by all stakeholders to ensure that parliaments have the capacity, independence and support necessary to fulfill their constitutional responsibilities to both the government and the people they are supposed to represent. This paper is primarily written for the benefit of and from the perspective of developing and transition countries. Towards that end, it posits that a minimal set of standards, best practices and indicators of progress has emerged from global experience during the wave of democratic reforms that has swept the world over the last several decades. While it is acknowledged that most developing and transition countries can not implement all of these standards simultaneously, for various reasons, it attempts to prioritize and link-up a set of minimal standards, among the nineteen captured, as being essential building blocks for a solid foundation upon which democracy can be built over time. The paper notes that the parliament remains a very weak sister among democratic institutions in virtually all developing and transition countries and it notes that this essential democratic institution needs much more attention and support from reformers, officials, civil society and the international community. 6 IFES Parliamentary Tool Kit Model State of Parliament Report: Framework GLOBAL BEST PRACTICES: A MODEL ANNAUL STATE OF THE PARLIAMENT REPORT A Strategic Tool for Promoting, Monitoring and Reporting on Parliamentary Transparency and Accountability Reforms and Engendering Global Debate 1. Overview: Country Context and Methodology a. The Functions of Parliament in the Country Context “Parliament is the institution that embodies society in the diversity of its composition and its opinions and which relays and channels this diversity in the political process. Its vocation is to regulate tensions and maintain equilibrium between the competing claims of diversity and uniformity, individuality and collectivity, in order to enhance social cohesion and solidarity. Its role is to legislate, inter alia by allocating financial resources, and oversee the action of the Executive.” IPU Guidelines1, Number II4 The international consensus recognizes five broad and basic functions to Parliaments, namely: Policymaking; Lawmaking; Oversight of the Executive; Constituency representation; Political recruitment.2 The three most important functions are the representative, the lawmaking and the oversight roles.3 In order to monitor the state of the Parliament as a way to undertake reforms to strengthen institutional capacity and independence, an analysis of compliance with standards of parliamentary structure and activity must be undertaken within the specific country context. The analysis of the country-specific context must include: • Political background; • Constitutional and international rights and obligations; • Relationships between the Parliament, the Executive and the Judiciary; • Public perception and public access to Parliament; and • Socioeconomic, cultural and traditional context. 1 Inter-Parliamentary Union: Guidelines on the Rights and Duties of the Opposition in Parliament, Libreville (Gabon),
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