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English/Law/Index.Htm 45088 WBI LEARNING RESOURCES SERIES Public Disclosure Authorized Parliaments as Peacebuilders Public Disclosure Authorized in Conflict-Affected COUNTRIES Edited by Mitchell O’BRIEN Rick STAPENHURST Niall JOHNSTON Public Disclosure Authorized Public Disclosure Authorized WBI Learning Resources Series Parliaments as Peacebuilders in Confl ict-Affected Countries Edited by Mitchell O’Brien Rick Stapenhurst Niall Johnston The World Bank Washington, D.C. © 2008 The International Bank for Reconstruction and Development/The World Bank 1818 H Street, NW Washington, DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org E-mail: [email protected] All rights reserved 1 2 3 4 11 10 09 08 This volume is a product of the staff of the International Bank for Reconstruction and Development/The World Bank. The fi ndings, interpretations, and conclusions expressed in this volume do not necessarily refl ect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgement on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The International Bank for Reconstruction and Development/The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center Inc., 222 Rosewood Drive, Danvers, MA 01923, USA; telephone: 978-750-8400; fax: 978-750-4470; Internet: www.copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Offi ce of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2422; e-mail: [email protected]. ISBN: 978-0-8213-7579-2 e-ISBN: 978-0-8213-7580-8 DOI: 10.1596/978-0-8213-7579-2 Library of Congress Cataloging-in-Publication Data Parliaments as peacebuilders in conflict-affected countries / edited by Mitchell O’Brien, Rick Stapenhurst, Niall Johnston. p. cm. Includes bibliographical references. ISBN 978-0-8213-7579-2 ISBN 978-0-8213-7580-8 (electronic) 1. Legislative bodies—Developing countries. 2. Resource allocation—Developing coun- tries. 3. Economic development—Developing countries. 4. Conflict management—Devel- oping countries. 5. Consensus (Social sciences)—Developing countries. 6. Developing countries—Economic conditions. I. O’Brien, Mitchell. II. Stapenhurst, Rick. III. Johnston, Niall, 1961- JF511.P363 2008 328.309172’4—dc22 2008017699 Cover design: Tomoko Hirata Contents Foreword ix Preface xi Contributors xiii 1. Introduction: Parliaments as Peacebuilders 1 Rick Stapenhurst, Mitchell O’Brien, and Niall Johnston How Parliaments Can Help Prevent Confl ict and Nurture Peace 2 Parliamentary Structure and Functions 2 A Study of Countries’ Experiences and Strategies 5 References 10 2. The Nexus Among Parliaments, Poverty Reduction, and Confl ict Prevention 11 Mitchell O’Brien The Relationship between Poverty and Confl ict 13 The Relationship between Democracy and Confl ict 14 The “Development First” Philosophy 16 The Relationship between Democracy and Development 18 Parliaments as the Cornerstone 20 The Way Forward 21 References 23 Declarations 25 3. Making Parliament More Representative 27 Mitchell O’Brien Designing Electoral Systems to Encourage Participation and Representation in Parliament 28 Ensuring Just Representation and Legitimacy through the Electoral Process 31 Working with Election Observers to Ensure a Representative Parliament 34 The Role of the Opposition in Representing the Community’s Collective Interests in Confl ict Prevention 35 Parliamentary Leadership 38 Conclusion 39 Annex: Management of the 2005 Afghan Parliamentary Elections 41 References 44 Declarations 45 4. Advancing Parliament’s Legislative Function in Confl ict-Affected Societies 47 Mitchell O’Brien Building a Culture of Cooperation in Parliament 47 iii iv Contents Conducting Parliamentary Business 48 Creating a Legislative Agenda for Confl ict-Affected Countries 54 Conclusion 60 References 61 Principles and Recommendations 62 5. Creating a Shared Parliament in a Divided Society: Lessons from the Northern Ireland Experience 63 Lord Alderdice Fifty Years of Drift 63 Development of the 1985 Anglo-Irish Agreement 64 Multiparty Peace Talks and the Belfast Agreement 65 Rights, Responsibilities, and Respect for Minorities 66 Respect and Trust 71 Sharing Power and Serving the Public Interest 72 Rebuilding of the Rule of Law and a Culture of Lawfulness 73 Beyond the Belfast Agreement 75 6. Strengthening Parliamentary Oversight to Prevent Confl ict and Reduce Poverty 77 Mitchell O’Brien and Rick Stapenhurst Direct Parliamentary Oversight of the Government 79 Autonomous Accountability Institutions 82 Conclusion 88 References 89 Declarations and Principles 91 7. Parliamentary Oversight of Defense in South Africa 93 Robert J. Griffi ths Democratic Transformation and Defense Policy 93 The Establishment of Parliamentary Defense Oversight 94 The Strategic Defense Procurement Package and Parliamentary Oversight 96 The Implications for Defense Oversight 100 References 102 8. Social Accountability—Citizens, Civil Society, and the Media Working with Parliament to Prevent Confl ict and Reduce Poverty 105 Mitchell O’Brien Parliament and Constituency Relations 107 Civil Society and Community Groups 109 Civil Society and Diagonal Accountability 111 The Media 112 Conclusion 118 References 118 Treaties, Declarations, and Principles 120 9. The Role of the Rwandan Parliament in Confl ict Prevention 121 Robert T. Nakamura The Arusha Accords and Legislative Design 122 The 2003 Constitution and the Bicameral Legislature 125 Contents v Parliament as an Instrument for Limiting Political Expression 129 Conclusion 132 References 133 10. Gender Dimensions in Confl ict-Affected Countries: The Role of Parliaments 135 Meenakshi Dhar International Commitments to Gender Mainstreaming 136 Situation of Women in Parliaments in Post-Confl ict Countries 137 Gender and Peace Processes—Negotiations and Agreements 138 Civil Society Organizations 139 Gender, Justice, and Reconciliation 140 Gender Concerns for Parliament during Political Reconstruction 142 Parliamentary Alliance Building 147 Gender, Parliament, and Economic Development 147 Conclusion 149 References 150 Treaties, Declarations, and Resolutions 151 11. Building Capacity to Manage Confl ict and Change: Lessons From Thailand 153 Gregory Cran Confl ict in Southern Thailand 154 Labeling of Confl ict 155 Escalation of Confl ict 156 De-escalation of Confl ict 157 Capacity Building to Manage Confl ict and Change 159 Effective Leadership 161 Conclusion 162 References 162 12. Military Intervention in Thai Parliamentary Democracy 163 Tarnthong Thongswasdi The 1997 Constitution: Weakening of the Legislature 164 A Dominant Executive Branch 165 Corruption 166 The September 2006 Coup 167 Conclusion 169 Readings 170 13. Broad Strategies for Parliament to Tackle Confl ict and Promote Socioeconomic Equality 173 Mitchell O’Brien Promotion of Socioeconomic Equality 174 The Natural Environment 175 Decentralization 177 Rule of Law 180 Conclusion 183 References 184 Principles 186 vi Contents 14. Macroeconomic Challenges in Post-Confl ict Countries and the Role of Parliaments 187 Raj Nallari Post-Confl ict Economic Policy and the Role of Parliament 189 Stylized Macroeconomic Facts in Post-Confl ict Countries 190 Policy Priorities in a Post-Confl ict Setting 191 Role of Parliaments in Prioritizing Public Spending and Ensuring Prudent Macroeconomic Policies 192 Parliaments and the Poverty Reduction Strategy Papers (PRSPs) Process 196 Conclusion 198 References 199 15. Regional Parliamentary Peacebuilding and Engagement with International Organizations 201 Niall Johnston Parliamentary Representation of Community Interests in Initiatives Undertaken with Multilateral Development Agencies 202 Development of Informal Networks: The Great Lakes Parliamentary Forum on Peace (AMANI Forum) 204 Participation in Professional Associations: The Commonwealth Parliamentary Association’s Commitment to the Harare Declaration 207 Formal Regional Institutions: SADC Parliamentary Forum 208 Conclusion 210 References 210 Declarations 211 16. Toward an Active Participation in Foreign Policy—The Role of the Finnish Parliament in International Confl ict Prevention and Crisis Management 213 Teija Tiilikainen Empowering the Finnish Parliament to Participate in International Confl ict Management 214 How the Finnish Parliament Has Contributed to International Confl ict Resolution 218 Conclusion 223 Annex: The Finnish Parliament in the 21st Century 225 Seppo Tiitinen The 2000 Constitution 226 Leading by Example in Building an Informed Democracy 227 Budgetary and Administrative Autonomy of the Eduskunta 227 17. Conclusion 231 Frannie Leautier Ensuring That Parliament Has a Representative Voice 232 Establishing Accountability 233 Conducting Legislative Business 234 Case Studies Provide Anecdotal Support to the Central Arguments 235 Social Accountability 236 Contributing to Confl ict Prevention beyond Parliament’s Walls 236 Conclusion 237
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