Hon. Lombani Msichili MP, Zambia

Parliamentarians’ Capacity Building Project on Accountability and Aid Implementation for Population and Development Issues Part II

“Special Conference Room” Members’ Office Building House of Councillors

Hotel New Otani

13-16 September 2010

Meeting Minutes

TABLE OF CONTENTS

OPENING CEREMONY ...... 4 Opening Address Hon. Yasuo Fukuda MP, Japan...... 4 Address Hon. Yoko Komiyama MP, Japan...... 6 Address Mr. Kazuo Sunaga ...... 7 Address Dr. Kiyoko Ikegami...... 9 KEYNOTE SPEECH ...... 11 Japan’s ODA and Accountability; The Role of Parliamentarians ...... 11 Hon. Yoshimasa Hayashi MP, Japan ...... 11 SESSION 1 Progress and Feedback from the 2009 Workshop...... 14 CHAIR: Hon. Fredrick Outa Otenio MP, Kenya...... 14 Hon. Jenista Joakim Mhagama MP, Tanzania ...... 15 Hon. Dr. Damry Ouk MP, Cambodia...... 18 SESSION 2 Introductory Session ...... 22 CHAIR: Hon. Lombani Msichili MP, Zambia...... 22 Dr. Osamu Kusumoto...... 23 SESSION 3 Case Study: Legislation on Population Issues ...... 33 CHAIR: Cong. Jesus Crispin Remulla MP, Philippines...... 33 Hon. Dr. Nguyen Van Tien MP, Vietnam ...... 34 Hon. Shri Shantaram Laxman Naik MP, India ...... 39 Hon. Douangdy Outhachak MP, Lao PDR...... 43 SESSION 4 Evolution and Immaterial Nature of Software ...... 45 CHAIR: Hon. Dr. Donya Aziz MP, Pakistan...... 45 Mr. Kouichi Kishida...... 46 SESSION 5 Corporate Activities and Corporate Governance in Japan ...... 54 CHAIR: Hon. Dr. Nguyen Van Tien MP, Vietnam...... 54 Mr. Katsutoshi Chikudate...... 55 SESSION 6 Legalized Society and Social Validity of Laws...... 62 CHAIR: Cong. Jesus Crispin Remulla MP, Philippines...... 62 Prof. Hideki Kashizawa ...... 63 SESSION 7 Obstacles in Health-related ODA and their Solutions: the Role of Parliamentarians ...... 68 CHAIR: Hon. Dr. Donya Aziz MP, Pakistan...... 68 Dr. Kiyoshi Kurokawa...... 69 SESSION 8 International Organizations’ Standards for Integrity and Accountability..... 75 CHAIR: Hon. Ledia Amaliah Hanifa MP, Indonesia...... 75 Ms. Junhui Wu...... 76 SESSION 9 Proposal for ODA Expansion from the Viewpoint of Japanese Parliamentarians ...... 82 CHAIR: Hon. Shri Shantaram Laxman Naik MP, India...... 82 Hon. Aiko Shimajiri MP, Japan...... 83

SESSION 10 Presentations of the Outcomes of the Break-away Discussions...... 89 On behalf of the African Delegation, ...... 90 Hon. Lombani Msichili MP, Zambia...... 90 On behalf of the Asian Delegation, ...... 93 Cong. Jesus Crispin Remulla MP, Philippines ...... 93 SESSION 11 Discussion and Adoption of the Plan of Action...... 95 CHAIR: Hon. Jenista Joakim Mhagama MP, Tanzania...... 95 CLOSING CEREMONY ...... 96 Closing Address Hon. Yasuo Fukuda MP, Japan...... 96 Hon. Prof. P.J. Kurien MP, India...... 97 PLAN OF ACTION...... 99 LIST OF PARTICIPANTS...... 101 LIST OF ACRONYMS...... 102

Monday, September 13, 2010

OPENING CEREMONY Opening Address Hon. Yasuo Fukuda

Chair of the Asian Population and Development Association (APDA) Chair of the Japan Parliamentarians Federation for Population (JPFP) Chair of the Asian Forum of Parliamentarians on Population and Development (AFPPD)

Distinguished Ladies and Gentlemen, rica, and has begun to seriously affect the productivity of rice harvest. These kinds I thank you most heartily for joining our of issues cannot be tackled by one single programme. nation alone. Those developed and developing nations must work together This programme has been put together in and collaborate to bring a solution. The order to discuss how we can expand the importance of ODA provided by the size of ODA, which is now shrinking in developed nations, as a means of amount. As you are all aware, international cooperation, is increasing. populations in the developing nations are Discussions that come from such con- still increasing as a result of the texts include “how can we increase the population explosion in the past. Now, amount of ODA from the developed na- basic education and healthcare are not tions; how can we improve the efficiency even provided sufficiently in order to of the usage of ODA covered by precious curb this growth. Industrial activities tax money paid by the tax payers in have negatively impacted the global developed nations?” These kinds of environment and have complicated the discussions have been going on within climate change issue. Some examples of our groups. such impacts are drought, heavy local rainfall and rising sea level involving Allow me to share some responses with broader area around the coastal area you from a public survey which may be affected by salt injury, resulting in an an important clue to such questions. expansion of tropical and infectious When those who had a negative diseases affected area – including dengue impression of ODA were asked why they fever and malaria. did not want it to be expanded, or wanted it to stay at its current amount, Now, in a globalised world, such infec- they responded that they did not have tious diseases will quickly affect the rest any information on the type of aid of the world. With the population grow- extended to recipient nations, nor on its ing, climate change will suspend the outcomes. In other words, it is highly stable supply of food. For example salt necessary to inform constituents of what damage is becoming more frequent in type of ODA is being provided and the the rice-producing areas in Asia and Af- magnitude of the positive impact that is

4 created by the provision of aid – if the the role of parliamentarians and legisla- developed country’s government is to tion. increase ODA. Sharing such results between the developed and developing Law and legislations will be considered nations will not only enable the size of from a rational point of view; a rational the ODA to recipient nations grow, but point of view is synonymous with improv- will also deepen mutual understanding ing ODA accountability. I believe that by between the developed and developing strengthening the mutual exchange nations. Such mutual understanding is through parliamentarians’ global net- indispensable in order for global society works, people’s voice in the developing to develop in a sustainable manner. In nations will be communicated via parlia- order to maximise the effect of ODA, and mentarians to the people in developed in order to improve its cost-effectiveness nations; and the goodwill of the devel- and efficiency, parliamentarians’ roles oped nations will be delivered to the and viewpoints are essential. developing nations. Such alignment between the developing and developed At last year’s workshop, the nations provides a rudimentary condition parliamentarians thoroughly discussed all in which to deal with the challenges we the various issues that are hindering the face on a global scale, and to ensure a effective implementation of ODA; I hear sustainable future filled with hope for our that this year, you will be providing infor- children’s generations. mation on what kinds of perspectives are necessary for parliamentarians to achieve This four-day seminar is ready to start. I accountability, based on the outcomes of am confident that our meeting will bear last year’s workshop. I understand that fruitful results. you will also be discussing the relationship between legislation and society, and Thank you for your attention.

Monday, September 13, 2010

OPENING CEREMONY Address Hon. Yoko Komiyama Chair of the Democratic Party of Japan (DPJ) Financial Committee Vice-Chair of the Japan Parliamentarians Federation for Population (JPFP)

Distinguished Ladies and Gentlemen, last year. The basic principle of the DPJ administration is to stay at eye-level with I am the Chair of the Democratic Party of the citizens so as to reflect the various Japan’s (DPJ) Financial Committee, as policies to the people. Even for ODA, we well as the Vice-Chair of JPFP. would like to reflect that it is for all the people and focus to achieve good results. First and foremost, I welcome you here to this “Parliamentarians’ Capacity Build- As mentioned earlier by Hon. Yasuo ing Project on Accountability and Aid Fukuda, the results of a public opinion Implementation for Population and poll by the Cabinet Office of the Development Issues – Part II”. Thank you Government of Japan were published in very much for coming from far and wide, July 2010. Many of the citizens do from various parts of the world. support the expansion of ODA. At the same time, however, there were various This project is for parliamentarians to objections to this expansion, stating that really be able to understand the various the results of ODA were unclear and the results and the significance of ODA, so implementation of aid needs to be they can be accountable towards the demonstrated. In that sense, this citizens with a critical mind and workshop, organized by APDA, is epoch- awareness. The aging society and low making because it helps us to really look birth rates in Japan and other nations is into ODA and its effects. pressing on social security and fiscal needs. Many countries are in a financial Although the Japanese administration crunch – and Japan is no exception. In has changed, the membership of JPFP such circumstances, we must have the remains the same in that we are an all- understanding and support for allocation party federation working together for the of ODA because there are many that are future of humankind. We hope to help thinking “why do we need to help others and give our efforts as much as possible first, when we are in a financial crunch?” within the limits of our budget.

Japan experienced a historic change of Thank you very much, and I wish you administration when the DPJ took power every success.

Monday, September 13, 2010

OPENING CEREMONY Address Mr. Kazuo Sunaga Deputy Director-General of International Cooperation Bureau Japanese Ministry of Foreign Affairs (MOFA)

Distinguished Ladies and Gentlemen, Human security is one of the main pillars of diplomatic policy for Japan; in other It is such an honour to be able to address words, we focus on each individual and parliamentarians from different nations, try to build a society or a nation that al- delegates from the United Nations lows each individual to realise his or her Population Fund, and representatives potential through protecting each from academia as well as the business individual and enhancing each person’s world. competency in order to combat threats in the form of poverty, conflict, infectious I respectfully admire the leadership exer- diseases, and environmental destruction. cised by former Prime Minister Hon. Population issues are deeply related to Fukuda and Hon. Komiyama in various challenges, including infectious implementing numerous initiatives in the diseases and the migration of people; I past. believe that this issue should be addressed by the global community from My heartfelt congratulations go to the the human security point of view. At the Asian Forum of Parliamentarians on Kyushu Okinawa G8 Summit in 2000, Population and Development (AFPPD), infectious diseases issues were discussed chaired by the Honourable former Prime and Hon. Fukuda touched upon popula- Minister Fukuda, on the United Nations tion issues and Maternal and Child Health Population Award that was presented in (MCH); he also addressed the challenges June 2010, in recognition of their in achieving the MDGs at TICAD IV in activities that have been highly praised 2008. At the Toyako Hokkaido G8 Summit by the international community. held in 2008, MCH and the importance of strengthening public health systems were I am aware that the project which starts internationally discussed in response to here today utilises the inter-country NGO Japan’s suggestion to focus on these support trust fund, the Japan Trust Fund issues. (JTF), established by the Japanese government for UNFPA. I hope this pro- At the G8 Muskoka Canada Summit in ject will be productive and that it serves June 2010, Japan manifested that it will as a stepping stone for working towards provide supplementary aid of 50 billion solving population and development is- yen over the course of 5 years, starting in sues, as well as achieving sustainable 2011, to the MCH area which is development. progressing the least among the MDGs.

Many pregnant women die before needs of the people, while considering appropriate treatment is provided, and the cultural backgrounds that vary from this is a mayor obstacle to realise MCH. region to region. Japan will continue to Japan will continue to provide support to tackle population and development ensure seamless treatment for pregnant issues by aligning with parliamentarians mothers – from the antenatal to who have an interest in the international postpartum period. We will also share public health area and with international our plan and philosophy with other agencies, private foundations, businesses nations at the United Nations MDG and the academia. Summit Meeting which will be held 20-22 September 2010 in New York. I would like to close my remarks by wishing you every success for such an We must now deal with population and exciting programme. development issues by addressing the

Monday, September 13, 2010

OPENING CEREMONY Address Dr. Kiyoko Ikegami Director of the UNFPA Tokyo Office United Nations Population Fund (UNFPA)

Distinguished Ladies and Gentlemen, Development Goals (MDGs) will be convened in New York on 20-22 September May I first say how delighted I am to be 2010 to accelerate progress towards the addressing you in Tokyo again; a hearty achievement of the MDGs by 2015. We welcome to you all. On behalf of UNFPA, I know that much progress has been made would like to thank our host, the Japan but with five years to go, the prospect of Parliamentarians Federation for Population falling short of achieving the MDGs is still (JPFP) and the organizers, the Asian very real because of the lack of Population and Development Association commitment. (APDA); in collaboration with the Asian Forum of Parliamentarians on Population Achieving the MDGs requires greater and Development (AFPPD), the Forum of attention to population, reproductive African and Arab Parliamentarians on health, and the empowerment of women Population and Development (FAAPPD), and young people. Inequities between the and the Japanese Ministry of Foreign rich and poor, the powerful and the Affairs (MOFA), for bringing us back powerless, and between women and men, together in Tokyo. hinder progress towards the MDGs achievement and must be forcefully For many years, UNFPA has worked closely addressed. with parliamentarians on population and development issues, and my colleagues Today, maternal death is the world’s and I at UNFPA feel extremely privileged to greatest health inequity. Each year, there have an excellent partnership with are needless deaths of thousands of parliamentarians all over the world. In this women and girls during pregnancy and regard, we are pleased that AFPPD was childbirth. That is why UN Secretary- awarded the 2010 UN Population Award in General, Mr. Ban Ki-moon, developed the recognition of its pioneering achievements Global Strategy on Women’s and Children’s in developing the role of parliamentarians Health, focusing on continuum of care for in the Asia-Pacific region to achieve the maternal, newborn and child health; in goals of ICPD. Let me express my hearty addition, paying more attention to the congratulations to Hon. Yasuo Fukuda as most marginalised group of people, Chair, and Mr. Shiv Khare as Executive adjusting social inequity conditions in Director of AFPPD, for their outstanding relation to achieving the MDGs. The plan achievements. calls for every part of the world’s health institutions to work together towards this This is a critical moment in time. Next week, goal. a high-level meeting on the Millennium

Time is running out and the challenges are ble and affordable health services that still great. We no longer have the luxury of promote family planning, HIV/AIDS preven- taking a longer, broader view. We must tion and the health and well-being of focus on those areas that are most women and girls. You have the unique role urgently in need, demand immediate in creating the political will that is neces- attention, and can potentially yield the sary to change laws, create policies, and greatest benefits. We need focused, quick- delivering funds – in an accountable man- win and strategic actions to close the gap ner – in order to achieve the MDGs. between the commitments we make and the results we can achieve. We need solidarity and international cooperation to achieve the MDGs. This is where parliamentarians, as elected Individually and collectively, you can representatives, play an important role. demonstrate enormous influence on policy They have committed themselves to the and practice at both national and ICPD visions and goals, which have been in- international levels. We count on you to herited and integrated in the MDGs. Many put your weight behind practical measures of endorsed the Addis Ababa Statement of both to implement the Cairo Consensus Commitment – adopted in October 2009 at and to reach the MDGs. Based on your the Fourth International Parliamentarians’ influence, combined with your passion and Conference on the Implementation of the institutional commitment, we will ensure ICPD Programme of Action (IPCI/ICPD) – greater progress. which reaffirmed the principles and goals of ICPD, and committed to support accessi- I thank you very much.

Monday, September 13, 2010

KEYNOTE SPEECH Japan’s ODA and Accountability; The Role of Parliamentarians

Hon. Yoshimasa Hayashi MP, Japan

Distinguished Ladies and Gentlemen, total debt – including debt from local welcome to Tokyo. governments and the short-term lending money from the market – has reached I was unable to attend the 2009 workshop almost JPY900 trillion. The annual budget because I became the Minister for Fiscal is now JPY90 trillion, thus our debt is the and Economic Policy; the year before that, equivalent of 10 years worth of budget; I was appointed as the Minister of what we are lending from the market is 10 Defence by our Chair, Hon. Yasuo Fukuda, times the budget size. who was Prime Minister at the time. I am very grateful to him for inviting me to In 2006 we made a 5-year fiscal consolida- become a Cabinet Member. This is now tion plan for 2006-2011 and are now the 15th year of my career in parliament gradually downsizing the expenditures. since I first ran for the Upper House in We did not cut the entire budget by 10%; 1995, after graduating from the Kennedy instead, we decided to make separate cuts School of Government at Harvard for each issue. In big issues of the budget, University in 1994. like social welfare, we cut 0.22 trillion yen per year; public building was cut by 2-3%, I briefly chaired the Special Committee on and ODA was decreased by 1-2% each ODA in the House of Councillors, just prior year. According to that plan, we would to becoming Minister for Fiscal and have nearly reached the primary balance Economic Policy, and gained around four from 20 trillion to almost zero in 2011. In months of insight into the pressing issues the third year of that planning period, at that time. 2008, the Lehman shock unfortunately struck; exports were affected and Ameri- First: accountability issues. Fiscal can, Asian and European economies were consolidation is high on the Japanese badly hit. The GDP gap was almost 30 tril- agenda, as is with many European lion at that time and companies reported countries and the United States as well. exports decreasing by almost 30-50%, Our programme, however, goes much cooling the economy. deeper than other countries’ because Japan has studied the issues on reforming In the autumn of 2008, Prime Minister lending money as a government for Taro Aso and I decided to put the 2006- almost 20 years. 2011 fiscal consolidation plan on hold from 2009 to 2011 to pump up the Japan’s fiscal situation was already in bad economy and restart with a new plan for condition before the “Lehman Shock” in 2015-2020. The 2015 plan by the, now 2008. We started fiscal stimulus to revive ruling party, Democratic Party of Japan the economy and as a result, our current (DPJ) is to halve the primary balance so

11 that the primary balance can be achieved it occupies a place in the budget – a big again in 10 years from 2010. After the part – and there are lengthy discussions Lehman shock, we started the JPY15 on how to effectively use tax money to trillion economic package in the spring of help other countries around the world. 2009 as a supplementary budget, with the Through the years, parliamentarians have aim of working towards the 2015-2020 been checking how the government is plan and trying to revive the economy. handling all the ODA programmes and one of the areas of progress we have made The Liberal Democratic Party (LDP), the within the past decade is asking the opposition party to which I belong, made a government to do country-by-country policy package for the Upper House programmes. There are several organiza- elections which took place in June 2010. tions, such as JICA and UN agencies, in We need to achieve a balance; simply each developing country; activities should cutting expenditures is insufficient; thus be coordinated among the institutions so LDP proposed a hike in consumption tax that programmes are not duplicated and from 5-10% to finance social programmes so that funds are used effectively. such as the pension plan, medical insurance, healthcare, elderly care, etc. Cost and benefit analysis and assessments Prime Minister Naoto Kan has agreed to of ODA were made around five years ago put the issue of raising the consumption (in 2005) through reports in order for the tax on the agenda and, fortunately, the committees to review the figures. Over majority of the public has come to the past few years the Special Committee understand the increase. Polls have shown has sent missions to recipient countries to responses such as “we have to accept examine how funds are being used. In raising the consumption tax to achieve the 2008, we sent our first mission in history balanced budget and also to have to donor countries to see how they coordi- sustainable social welfare programmes, nate. There were interesting cases in some where the population is aging”, expressed European countries where they, as donor by almost 60% of respondents. countries, were coordinating with each other in a byway organizational manner. When we analyse the polls on support for For example: when donor country A is ODA, we must take the state of Japan’s managing X countries effectively, donor affairs into consideration. If the fiscal and country B does not have to concentrate on economic situation is stable and doing the same programmes in the same X coun- well, the public will be more willing to tries. With this coordination also comes a support ODA. At this moment, however, lot of knowledge-sharing on best practices the Japanese are anxious about future and results. Japan is thinking about taking fiscal consolidations and the future the idea and coordinating with other do- stability of the social network. nor countries, as well as with multi- national organizations. Coordinating with For ensuring accountability, a Special organizations has been done for many Committee on ODA was set up several years, but we must strengthen relation- years ago in the Upper House and I under- ships and try to promote that more people stand that there is also a sub-committee from Japan work in those multi-national within the foreign relations committee in organizations. In addition, multi-national the Lower House. ODA is very important; organizations should coordinate with each

12 other to strengthen their programmes and other donor countries. Given the immense maximise funds. size of the currency market, it is ideal just taxing 0.0001% of the amount of the Fiscal consolidation is also very high and transaction. If you buy US$100 from heavy on the Special Committee’s agenda, Japanese yen, there would only be a JPY1 so how we finance all the ODA tax. These are small numbers but the programmes is another agenda we have transactions are going to spread world- been tackling. Besides JPFP, there is wide, which will create a big fund. This another league in the Japanese parliament currency tax would involve government- named the Parliamentary Group on to-government coordination. International Solidarity Levy (PGISL), which was started in 2008. We are thinking Another point I would like to make is on about creating an innovative way to private foundations. Japan is one of the generate revenue for ODA. France started countries responsible for the Global Fund an initiative in 2005, imposing a small tax to Fight AIDS, Tuberculosis and Malaria; on international airline tickets and using and the Global Fund also coordinates with that tax money only for ODA. PGISL wants private organizations such as the Bill and to do the same, and also tax international Melinda Gates Foundation. Private currency transactions. Money-wise and foundations’ volume is becoming increas- coverage-wise it is quite large; however, it ingly larger at the moment, so we should is technically and politically very difficult cooperate and coordinate with the private as this should be done simultaneously sector’s foundations through good with various other countries of major coordinators. We need people that are currencies. If Japan started only tax yen- specialised in this area to go closer to the to-dollar transactions, and other countries recipient countries; for example, special- do not do this, then those transactions ists in health policies and infrastructure would simply go from the Tokyo market to building with knowledge of the geographi- Hong Kong, Singapore, New York, London, cal area are key. The specialists must also etc. so that they do not have to pay the have a skilled personality to coordinate tax. each government, multinationals, and private funds. Ideally, you would have people The Leading Group on Innovative Financing who both understand and are experienced for Development was established in 2006 in those areas so that communication be- for many countries to discuss the tween the donor and recipient countries International Solidarity Tax, including the can be made effectively. tax on currency transactions. These are the issues we are now grappling Tokyo will be hosting the December 2010 with in Japan, and the background of the meeting, and chairing the conference. fiscal consolidation agenda is still very high. Making progress on the proposal at this I would very much like to hear your meeting would be very important to opinions. secure the revenues for ODA, not only for the Japanese Government but also for Thank you very much.

Tuesday, September 14, 2010

SESSION 1 Progress and Feedback from the 2009 Workshop

CHAIR: Hon. Fredrick Outa Otenio MP, Kenya

Curriculum Vitae

Hon. Fredrick Outa Otenio was first elected as a Member of Parliament in December 2007 in the general election in Kenya. He represents the constituency of Nyando in the Western part of Kenya. He currently serves on the Committee on Health, Agriculture; and is also on the Speakers Committee.

Among the projects he has so far initiated are: the revival of irrigation that had initially collapsed; the building of orphanages; catering to the needs of widows in Nyando; attending to the aged and eye surgery; and the sinking of boreholes.

He holds a Bachelor’s in Health Management from the City University of New York; a Master’s degree in Theology from the International School of Theology; a Master’s degree in Intercultural Studies from Biola University; and is presently working on his Doctorate of Philosophy through Biola University.

Tuesday, September 14, 2010

SESSION 1 Progress and Feedback from the 2009 Workshop

Hon. Jenista Joakim Mhagama MP, Tanzania

Curriculum Vitae:

Hon. Jenista Joakim Mhagama is the Chair of the Community Development Committee in the National Assembly of Tanzania, as well as the Presiding Officer of the Tanzanian National Assembly.

She is an international diploma holder in modern management and administration.

Distinguished Ladies and Gentlemen, that two things should be done. One was that “Governments should provide First of all, I wish to express my sincere parliamentarians with adequate and thanks and appreciation to the organizers, timely information on all aspects of ODA host and sponsors for giving us another programmes”. We parliamentarians in opportunity to attend the second part of Tanzania decided to start working on this. the “Parliamentarians’ Capacity Building Project on Accountability and Aid I reported back what we had learned Implementation for Population and from the 2009 workshop to the Steering Development Issues”. Committee, and they decided to amend the standing order of the Tanzanian As we know, Tanzania is a member of the Parliament. This means that every four international community that agreed to months, the Parliament – before the the Programme of Action adopted by the budget session – sits at the Planning ICPD in Cairo in 1994, as well as the Committee Meeting. During this Planning important decisions adopted and Committee meeting the government is promoted by the various international required to provide all the information conferences and summits, including the based on the following areas: MDGs. 1. Resource mobilisation from different After the 2009 workshop, we came out donors and resources that will be with four recommendations and mobilised within our country, and priorities that were to be worked on with budget implementation. our respective parliaments. 2. Any project to be funded by donors and Recommendation number one was the any other project that the government “Request to Governments”. In the is intending to implement during the requests to the governments, we decided budget session for the current year.

services such as education and We, as parliamentarians, also request the healthcare. The only reason behind government that they provide the this rapid population growth is high information concerning the priorities fertility; an average-aged woman in which have been set by the government Tanzania bears nearly six children during the budget year session. This kind during her reproductive life. of planning meeting was started by us this year and we think that we will be 2. The country has been expressing fre- able to organize it to be more fruitful quent acute shortages of contracep- next year. As you know, general elections tive commodities, as men and are taking place in Tanzania this year, so women are asking for the services we have a lot of things to do. but the services are not available.

The second point of the “Request to Gov- 3. The resources allocated by the governments” is: “National Parliamentary ernment for family planning services Committees on Population and Develop- are insufficient to meet the de- ment should request the government to mands; resources have been declin- place higher priority on population issues ing over the past three years, and when formulating and requesting ODA”. donors are also not currently contributing directly to family planning After my feedback to the population issues in Tanzania. group within my parliament we, the Tanzanian Parliamentarian Association on As a conclusion of that big forum, the Population and Development, agreed to Tanzanian Parliamentarian Association on organize a very big forum by collaborat- Population and Development requested ing with the government ministries and the government to act on the following: international NGOs who are working with population issues. The forum discussed 1. We request our government to the current situation facing reproductive ensure that they allocate enough health within our country, and we came resources for family planning services out with some challenges relating to cur- activities and use the education that rent situations facing reproductive health has been recited out by national and population in general, towards na- family planning with their cost, which tional development of our country. have been shown in their programmes and plan of activities for The following challenges were found dur- the year 2010 to 2015 under ing the big forum that the parliamentari- supervision of the Ministry of Health ans’ group on population and develop- and Social Welfare. ment organized: 2. We request our government to en- 1. The population of Tanzania is now sure that there is a creation of growing much more quickly than the specific family planning targets economic capabilities that are associated with the budget line items needed to provide for essential within the Ministry of Health and So-

cial Welfare budget; but they should workshop for watchdog committees plan a structure to facilitate the within our parliament and the Steering monitoring activities, tracking of Committees on the role of reform of family planning activities, and re- internal auditing in the public sector. The source mobilisation, so we can try to objective of the workshop was to create find the way to deal with such kinds greater awareness and knowledge to par- of big problems within our country. liamentarians in order to respond to the government’s efficiency and accountabil- After that big forum, the government has ity in monitoring and supervision of made large progress on our different projects within our country, recommendations. As per now, the especially on the local government level. government – together with the Ministry Some strategies and strategic points of Social Affairs and in collaboration with were put forward so as to improve the the development partners – have devel- strength of the internal audit function for oped and launched the recharged sustainable development for our country. national family planning to be implemented in 2010 to 2015 with specific There is no doubt that everything in activities per the need of making sure reproductive health, together with that there will be contraceptive securities gender equality and equity, has a positive within our country. They have also shown impact on reducing population growth that they are going to build the capacity which will improve the health and to deliver a lot of services for advocacy welfare of the nation and will reduce and manage all systems towards popula- health costs that impairs the economic tion issues within our country. We are development of many countries. very happy that, through the Tanzanian Parliamentarian Association on Popula- We have to make sure that we reduce tion and Development, we and the poverty, so I do call upon development government are now going together in partners and the other funding partners working toward population issues in our to support this effort made by various country. countries towards the economic development by working with population issues We have not done much with so that the promises made in Cairo are Recommendations 2 and 4, but at least kept to ensure a better and brighter fu- we have done something for ture for all of us. Recommendation 3. The parliamentarians discussed together with the government whether we could amend the Internal Audit Act in the public sector so as to improve governance, government accountability, and enhance greater transparency in the government’s financial aspects. The Ministry of Finance and Economic Affairs at the Accountant Gen- eral’s Department organized the 2-day

Tuesday, September 14, 2010

SESSION 1 Progress and Feedback from the 2009 Workshop

Hon. Dr. Damry Ouk MP, Cambodia

Curriculum Vitae:

Hon. Dr. Damry Ouk is a Member of Parliament of the Kingdom of Cambodia.

He holds a Master’s degree in Public Administration and a qualification as a Candidate of a PhD in Law.

Dr. Ouk has had experience as a Medical Doctor and was the Vice-President of the Cambodian Red Cross for 16 years.

Hon. Ouk has been a Member of the Cambodian Parliament for 24 years and is the Secretary-General of the Cambodian Association of Parliamentarians on Population and Development (CAPPD), as well as a member of the Legislation and Justice Commission.

Distinguished Ladies and Gentlemen, ported parliamentary capacity building conducted in 2009. Thank you to the organizers for this workshop, and especially to the Japanese There is also a progress update on the Government and the Japan International Royal Government of Cambodia, which Cooperation Agency (JICA) for allowing us contains some output of last year’s work- to be able to conduct these conference shop; in addition, I will keep you in- meetings, and allowing us to present our formed on the output by the Cambodian feedback from the 2009 workshop with government after this year’s workshop. some recommendations. Following the 2009 “Parliamentarians’ Capacity Building Project on Accountabil- I will summarise an outline of Cambodia’s ity and Aid Implementation for progress update. First, is the progress up- Population and Development Issues”, I date of the Cambodian National Assem- conducted workshops and meetings for bly’s agreements and adoptions of laws; Cambodian Parliamentarians about the second, is the UNDP-supported par- activities and the support we received liamentary capacity building conducted in last year. There has been further 2009 for legislative and assistance pro- development progress in the rehabilita- jects; third, is the UNFPA and APDA-sup- tion and construction of physical

18 infrastructure by the government, also ment Plan on Health; the Strategy relating to the development of capacity Development Plan for 2009-2013; and building. updates to the Criminal Law and the Royal Government of Cambodia. In 2009, there was also a lot of progress in the Cambodian National Assembly. For The Anti-Corruption Law that we adopted the fourth term, 43 new texts of law has been set by the National Assembly. were adopted. From August 2009 until Our delegation has visited other August 2010 – a period of around one countries – such as China and South year after the first APDA workshop – 25 Korea – to examine and listen to the texts of law were adopted, of which 10 experiences of the implementation of were agreements on international trade new laws, especially their anti-corruption and commerce cooperation within laws. There have been recent pledges, ASEAN, Japan, China and Korea. In further corruption policies and vigilant particular, we have adopted some oaths. There are two levels of the anti- important laws to improve the needs of corruption institution; one is the council Cambodian society. There have been to ensure that institutions are not criminal laws adopted, one of which corrupt; one is to ensure that the police includes the Anti-Corruption Law that we are not corrupt. have been preparing for 15 years and promulgated in December 2010. To Regarding capacity, including capacity review it, we collaborated with France, building for parliamentarians, we have all Germany, Hong Kong and Japan. made time to pay visits to our constituencies. All groups in parliament – There is also the Expropriations Law. This meaning, every commission – have gone gives the government priority for having to visit specific fields to check the the power and right to be granted prop- conditions and completions, as well as erty from the private sector in order to examining commerce and the delayed carry out public development such as administration for the conditions of the building roads, schools, hospitals, etc. We implementation in the law and justice do pay suitable prices for the land, field. They lead in these periods. The according to the market. There was war- Cambodian Parliament is on a cycle of ranty revision of the law related to meeting in parliament for three months, demonstrations: the “Peaceful then going to their constituency for three Demonstration Law”. More revisions months, meeting for three months, etc. have been made to the inter-country child adoption law, and national budget We have held a forum and 17 management in 2010. This is the progress workshops/meetings which both relate update for the side of the Cambodian Na- mostly to the capacity building of the tional Assembly/Parliament. parliament and senate. Nine of the 17 meetings were held at the National Many documents have been adopted and Assembly Building; four of the 17 they are mostly endorsed by both houses, meetings were held in Phnom Penh; and such as the National Strategy Develop- four of the 17 meetings were held at

19 provincial offices. There have also been National development plans regarding four international study tours with construction in Cambodia have to be groups travelling to Malaysia, Italy, endorsed by both houses. Before the Switzerland, Lao PDR, Korea, and China; endorsement there is a process similar to as well as the United States to study a public hearing to keep people informed women’s issues, and Germany to study through the media – through television, human rights and the rule of laws. radio and the press. National development that includes ODA has to be We have also had UNFPA-supported endorsed by the National Assembly and workshops relating to capacity building of the senate. In Cambodia we, luckily, do Cambodian parliamentarians, as well as not have many problems regarding workshops and roundtables after return- project development and we mostly ing from visits abroad so that we can give receive grants from countries like Japan, feedback and briefings to the parlia- for example. Just before coming to Tokyo ment/senate. We joined the for this workshop, we received two large parliamentarians’ meeting at the grants. One is of US$130 million for “Women Deliver” conference in Washing- Bridge construction for the National Road ton DC and spoke mostly about health, No.1; another is US$3 million for human reproductive health, newborns, gender, resources development. Both these and about women’s issues. After this con- projects are supported by JICA. During ference, I organized four workshops and national development projects three a roundtable discussion where we talked head leaders of Cambodia are informing to the media and were broadcast on each other regularly on all aspects; the television to spread the message from President of the Senate, the President of UN Secretary-General, Ban Ki-moon, on the National Assembly, the Prime issues relating to MDG5, MDG3, and Minister all meet regularly and discuss MDG6. the main topics of national development.

In terms of the updated progress of the As previously mentioned, our newest Royal Government of Cambodia, we have developments include the anti-corruption held workshops to have more efficient laws and an Anti-Corruption Institution communication between the national as- which was established in March 2010, sembly/parliament and the government comprised of the Anti-Corruption Council for information sharing. One of the and the Anti-Corruption Unit; there was recommendations from the 2009 APDA the finalisation and adoption – by both workshop was that the government houses – of the National Assembly should keep the parliament/senate in- Strategic Development Plan update from formed with timely information on all 2009-2013, which was singed and aspects of the ODA programmes. We do officiated by the King; there was the feel that the government is informing the finalisation by the Royal Government of parliament quite sufficiently now and the Cambodian Aid Effectiveness Report providing us with enough information. that mostly related to ODA and addressed good governance; and there was the finalisation of the compendium

20 of documents at the Third Cambodia until 2015, Cambodia will export around Development Cooperation Forum. 1 million tonnes of rice abroad. Do meet this quota, we must upgrade the Regarding national strategies, it was the irrigation systems and water resources. establishment of the third term of the legislative government from 2003-2008. We have also been developing the en- We consider good governance in Cambo- ergy sector, which is still under construc- dia as the core and at the central point of tion. In 2012, five large energy projects the projects and activities. It is what we will be completed bringing around 700 call the “Rectangular Strategy” and we mega watt. We are also developing the are now in Phase II. To achieve good gov- information and communication sharing ernance we must overcome the struggle services. Upgrades are taking place on to fight corruption; corruption is an what we call ITC, Information Technolo- obstacle for national development, gies Cambodia, and the government is national credibility, national unity and na- ready to install systems of communica- tional stability. tion as well as the rural regulation of communication and information. Secondly, we must improve legal and judicial reform; we must find a structure There are many areas that the govern- that is more effective for judicial ment is focusing on capacity building and prudence and legislation. We are now human resources development. One is building the capacity of judges and strengthening the quality of education. prosecutors, and we have prepared laws There are a lot of students and now we regarding judicial and legal reform. The must streamline the quality of education, third core of the “Rectangular Strategy” is under control of the authority. Second is the public administration reform. This is ensuring enhanced health services by mostly related upgrading the efficiency spending more on health centres, and and effectiveness of human resources. doctors and nurses, as well as training There is the challenge of reducing the more midwives. There has also been number and also promote the quality and strong support from all Cambodian lead- strategies of the staff. The fourth issue is ers on the implementation of the gender the reform of the Royal Cambodian policy, as well as the population policy. Armed Forces, which, similarly to the above, also relates to reducing the I wish to thank again those who are number, building the capacity and supporting Cambodia such as JICA and upgrading the quality. USAID, as well as other donor countries. Many of the things that are happening in Further rehabilitation and construction of Cambodia are thanks to their help. physical infrastructure will continue to take place in Cambodia. I believe we Thank you very much for your kind should give priority to the construction of attention. the transport network and water resource and irrigation system. Our Prime Minister has committed that from now

Tuesday, September 14, 2010

SESSION 2 Introductory Session

CHAIR: Hon. Lombani Msichili MP, Zambia

Curriculum Vitae:

Hon. Lombani Msichili was first elected to the Parliament of Zambia in 2006, and is the MP for the urban Kabushi Constituency.

He is an accountant by profession and a member of the Public Accounts Committee, as well as a member of the Zambia All Party Parliamentary Group on Population and Development (ZAPPD).

Tuesday, September 14, 2010

SESSION 2 Introductory Session

Dr. Osamu Kusumoto Secretary-General/Executive Director The Asian Population and Development Association (APDA)

Curriculum Vitae:

Dr. Osamu Kusumoto started his career with the Asian Population and Development Association (APDA) in 1990 and currently holds the positions of Secretary-General and Executive Director.

He has participated in over 100 conferences on population and development, including all ICPD and ICPD/IPCI meetings where he was Assistant to the Committee Chair.

Dr. Kusumoto has also had decades of experience as a university lecturer at Saitama Prefecture Agricultural College, Tamagawa University, and Nihon University.

He holds a Bachelor’s Degree in Economics; a Master’s degree in Sociology; and a Doctorate of Philosophy in International Studies having done his thesis on “Demographic Transition in Asia; A Comparative Study of South-East Asia, South Asia, West Asia and Central Asia.

Distinguished Ladies and Gentlemen, developed counties, which is very contrary to democratic procedures, and we I have attended over 100 parliamentarian are conducting this meeting with this in conferences on population and develop- mind. ment. At each conference it seems that we face the same difficulties in that As we go into this conference I wish to developing countries’ parliamentarians thank you for your participation and express the same challenges they face feedback from the 2009 workshop. Many with population and development issues. issues were raised and these were re- Everyone recognises this issue and devel- ported to parliamentarians in respective oped countries’ parliamentarians sympa- countries; APDA appreciates this very thise with this. much.

Some African and Asian parliamentarians We have asked distinguished experts to have said that they do not have any re- speak at this meeting, some of whose ports on the ODA they receive from fields may be within a different realm

23 than those of parliamentarians’ activities For example, if US$100,000 is granted for on population and development. Please, the funding of a project and the therefore, allow me to explain the administration for it costs US$80,000, intention of each session and the then we would really lose the plot of the significance of the project. purpose. But what donor nations require for the accountability and transparency This project started last year with the aim of a project to be thorough necessitates of examining ODA and its achievements skilled personnel – and that is costly. to both donor and recipient countries. There need to be multilingual lawyers ODA needs improved transparency and and Certified Public Accountants (CPA) clarity so that empathy can be built by who command annual income of, maybe, both people in developed and developing US$300,000 in Japan and other devel- countries and achievements of ODA can oped countries. That is, US$80,000 would be recognised. This will facilitate the only cover three months’ salary for such sharing of ideas and help to expand the qualified persons. help to developing countries, once the stakeholders’ awareness is heightened. If 80% of the project funds are spent on This way, we will actually be able to the administrative costs to ensure the contribute to humankind’s future. project’s soundness, questions may arise as to whether the project is actually Transparency and accountability – and worth implementing. Thus, it is vital to evidence and information on this – is examine the overall purposes of the essential for organizations, donor coun- projects and the appropriateness of costs tries, and their taxpayers. This is easier to ensure transparency and accountabil- said than done. What it takes and how ity within the project budget. much it takes is not being discussed. Parliamentarians are of course also busy We have been very much involved in with various other mandates but in order population and development issues in to fulfil their responsibilities towards this area – especially with including their constituents and their voters it is parliamentarians and fora for ODA vital that the parliamentarians are able to discussions. What gets pointed out – and demonstrate the tangible effects and what one of the main complaints of case studies of ODA, and the partnership developing countries is – is that in many between donors and recipients. cases a majority of the funds go to the consultants; and, when there are leftover My concern is how to improve this funds the liability remains with the situation, which is why APDA created this recipients. The formal rationality of the programme. This project is an ambitious application of more thorough reporting, one with the aim of achieving such a and distribution of those, could account grand purpose. It has cast new light on for resources being used so that donor various issues surrounding ODA, which requirements can be fulfilled. have yet to be widely discussed.

When we started the project in 2009, I models of what the actual systems sought many experts’ opinions. It came represent in society. as a surprise when they responded that they were interested in its implementa- I want to reiterate the importance of tion of law and skills for it, but not in transparency and results to demonstrate lawmaking. It seems that they are not to the taxpayers. What kind of legislation committed to the integral process of the and mechanisms, therefore, can be made understanding the spirit of law, interpret- to facilitate this – and how do we make ing its intention, and its implementation. laws understandable? Laws are based on This triggered my thinking that it is necessity. There is a very interesting important to touch upon this issue example from the state of Maryland in seriously. These experts and CPAs are the United States, where it is illegal to also experiencing more complexity within bring a lion into a movie theatre. There legal issues, making it more difficult to must be a reason that this law necessarily persuade them to see it from an interest exists so that this practice stopped; in implementation angle. We have been perhaps there was someone who actually looking for resource persons who can go brought in a hairy pet lion that blocked beyond the complexities and simplify it the screen? to make it easier to understand in terms of accuracy. Things cannot, however, be During the prohibition period in the simplified to the core and appropriate 1920s, also in the United States, personnel for this is required. We also gangsters such as Al Capone benefitted identified this in the field of computer from breaking the law by bootlegging and software. making a tremendous profit. Professor Hideki Kashizawa will elaborate on You may remember back 20 years ago jurisprudence from the sociological point when we had to enter dots for each of view in Session 6. command on a computer, and if the dot was omitted it froze the computer; the In developed countries, we have to layman was unable to use the computer strictly abide by compliance; and laws system. Today, however, it is user- and regulations are getting more and friendly but the actual software has more detailed. Laws set high value on become more complex than ever before, formal rationality, so when a legislation is which is why I invited computer software introduced, accompanying laws and expert Mr. Kouichi Kishida to speak for regulations are also created in order to Session 4. He is a trailblazer in the maintain its formal rationality. Japanese software development industry, and operates and manages his own Such a trend is becoming common in the software company. He has even corporate culture, as well as in govern- advocated that software should be ment and public interest organizations. accessible and free to everyone. Mr. The advancement of computers and soft- Kishida not only looks at types of ware further intensify complexities and computers and rules, but analyses the positive law supremacy. In this sense – though different from a positive law in

25 the Roman era – in the modern era, com- how much it will cost, and how puters intervene in positive law suprem- appropriate it is on the whole. acy and complexities. These types of details and complexities As you know, international organizations are affiliated with, and have been put are adopting such practices. The ATLAS into the rationale of, Max Weber’s theory system used by UNFPA and UNDP is the of bureaucracy. The expansion of same type of system called Enterprise Re- bureaucracy will bring the institutions to source Planning (ERP) used by companies, up management and organization for which is a one streamlined controlling formal rationality to take place; system for human resource management, otherwise, as pointed out over 100 years resource planning. In this way, using ago, we will live in an inefficient society. computers and software made a high level of formal rationality possible; in At present, we are living the actual turn, its complexity is becoming greater prediction and prophecy of Max Weber without questioning its appropriateness. and Karl Marx – Marx was saying the same thing. Marx thought the planned For example, in our organization, we economy would be very constructive – have to record our work every 30 and that it would happen after capitalism, minutes. Computers are only a tool. The with compliance of budget; all of the complexities that computers handle with details added at once and then ease can go hand-in-hand with positive implemented – that is the type of law supremacy and bureaucracy; so, planned economy that we would be formal rationality often becomes an end, forced into. not a means. An initial purpose is gone, and establishing the system becomes the The Soviet Union had adopted the purpose in itself. planned economic system but then switched to the market, probably be- ODA’s objectives are framed in the cause of inefficiency. When we look at it, proposals. However while there is we have really gone through a large ex- demand for compliance, accountability perimentation with the society of and transparency, the excessive pursuit humankind in the 20th century, but we of formal rationality not only becomes a never really learned lessons. That is to purpose but it also incurs enormous costs. say, we have lost purpose-oriented This issue needs attention and close rationality, or efficiency, by binding examination but it is rarely brought to ourselves firmly with laws and regula- the discussion table. tions and never asking ourselves why so.

Parliamentarians, representatives of Professor Hideki Kashizawa will elaborate people, need to look into the real on this positive law supremacy in Session purpose and meaning behind seeking 6. We live in a predominantly legal formal rationality and compliance. society, where supremacy of positive law Appropriate discussions need to be prevails and creating laws and opened as to why such system is needed, regulations invites even more laws and

26 regulations. As a society becomes more when a law became inapplicable, they complex, greater complexity becomes made supplementary rules, rather than more costly and inefficient. In order to rewriting it. If there were no such prevent society coming into solvency, we supplementary rules, they would stick to need to see expanded complexity and the original laws. This way, they were bring back more appropriate rationale for able to avoid any loopholes or defects in realistic application. This can only be the law. It is said that the Romans were done by parliamentarians who are able to sustain their social system over responsible for enacting legislation. such a long period thanks to this pragmatic legal system. The main difference between bureaucrats and parliamentarians is that Several centuries later, however, we have parliamentarians are the ones who look come to have numerous laws and there into the rationale and appropriateness of are cases when people did not various legislations, whereas bureaucrats understand why certain laws were apply laws and regulations within the created in the first place, or why they had law’s limits. They are forced to adhere to to apply these laws. Roman Law (Lus strict guidelines and may not surpass Commune) practice remained long and them, meaning that Parliamentarians are had a great influence upon the civil law the primary stakeholders for ensuring systems in Europe. transparency and accountability. Then, there came somebody who There was once a time when the legal thought that the Roman law was to complexities became so enormous that complex and had lost substance. That laws were reorganized, or the reduction was the famous Napoleon Bonaparte. He of complexities was achieved. It was ordered legal experts to sort out the when Napoleon made the Napoleonic Roman law, as a result of which the Code (Code Civil). In the Roman Empire, Napoleonic Code was compiled. Japanese there were many religions, cultures and Civil Code, when it was formed back in ethnic groups and races. In order for Meiji Era, also had Code Napoleon as its them to coexist in harmony and in order, basis while incorporating Japan-specific laws were essential and so positive laws matters as well. In that sense, it can be were created. As I mentioned earlier, said that present-day Japanese society is laws were made based on necessity. The – to a certain extent – still influenced by Roman Era stood for several centuries, Roman Law. during which time a number of laws were made to handle matters that required My point here is that there arose a stipulation. necessity to simplify the law when it became too complex for better Throughout the course of human history, understanding. In a sociological term, to I think this is the era during which the coin the words of Niklas Luhmann, such a largest number of laws was accumulated process is called the “reduction of into a single legal system. The Romans complexity”. As the modern society took a realistic and pragmatic approach; becomes more complex, it inevitably

27 comes to a halt unless complexity is software who could talk about reducing reduced based on the principles of the complexity and relevance of software. relevance. Earlier, I talked about a law I was introduced to Mr. Kouichi Kishida, being made upon necessity. But, in order who is kindly here with us today. There is to achieve purpose-oriented rationality, another aspect to this, which is that the complexity needs to be reduced upon computer system is the very thing that necessity. That is the work of sustains growing requirements for the parliamentarians. supremacy of positive laws, compliance, and transparency. Thus, computer I have tried to look for legal experts who software, just like law, is created with so could give us an idea about how to sim- much effort out of necessity. The two plify the system, but to no avail. Modern systems have a lot in common in their Japan is heading straight towards a legal- nature. ised society; and, in the name of more transparency and accountability, the en- Mr. Kouichi Kishida is a living witness to tire society – including government computer software. He has been deeply officers – are oriented more towards the involved in the GNU movement (free supremacy of positive laws. Such society software) that has set the foundation for benefits legal experts with more job Linux as it is today. He has also taught opportunities, while the general public is extensively at many universities around not concerned about the situation. Al- Japan including Kyushu University, and is though everyone somewhat feels uneasy active as the chairperson for the software about the situation, nobody knows why it award committee. is and what they could do. In his presentation on “Evolution and the It was extremely difficult to find a Immaterial Nature of Software”, we will lecturer who could talk about how to hear his ideas on software being a mirror reduce systems' complexity. I was stuck, of society; he has written many books on but found another area that is this theme. But he primarily works as a susceptible to becoming “doomed” to painter; as such, he has painted a lot of create and expand the same kind of pieces and also published some collection intellectual system and reduce its books. complexity, that is the area of computer software. You may find surprising, but He looks at software as a kind of thought even law is one kind of social system, system and a mirror of society. This is necessary for maintaining certain order something that most of the software and structure in society according to engineers who are only driven by certain decision-making procedures. In technological considerations alone could this sense, you could say that it is exactly not have as an idea. He has been the same as what software is to developing software from the earliest computer. days, walked along with its history, and deeply contemplated what it really is. He From this viewpoint, I started looking for is what we can call a “software somebody in the field of computer philosopher”. Today we will be able to

28 hear his valuable views and he has Roughly speaking, external auditors audit requested to have freedom in terms of whether formal requirements are met; in his lecture’s contents. So be ready, open other words, whether laws and up your mind, and ask any question that regulations are met. On the other hand, may arise in your mind. internal auditors look deeply into the management standing while keeping a In Session 5, Mr. Katsutoshi Chikudate, certain distance from the management to Chair of the Japan Corporate Auditors see to it whether corporate activities are Association (JCAA), and Standing Auditor appropriate. of the Tokyo Electric Power Corporation (TEPCO) will give us a talk on “Corporate To fulfil that requirement, an internal Activities and Corporate Governance; auditor needs to have experience in Social Responsibilities and Corporate management – and know the actual Activities” from the viewpoint of an conditions of management – to make a internal auditor. He served as a Vice- judgment about its appropriateness, President to TEPCO as well as a Director while also understanding its difficulties. of APDA. I have been talking about the need for In this time and age, accountability and questioning the relevance of laws and compliance are strong requirements – regulations. This is exactly what internal even for for-profit organizations – to fulfil auditors are required to do in terms of their social responsibilities. Auditing can company operation by keeping compli- be conducted by independent external ance with the law. auditors such as CPAs or by internal auditors. In Japan’s case, public-interest At the 2009 workshop, Prof. Dr. Hiromi- organizations, such as APDA, are founda- tsu Muta, Executive Vice-President for tions regulated under the Japanese Finance at the Tokyo Institute of Technol- government. They, therefore, must go ogy, stated: “In ODA, developed nations through internal auditing by auditors give funds to developing nations, but the with convocation rights for the Board of burden is often on the recipients’ side Directors, as well as external auditing by what’s important in any project is to lead CPAs who secure the independence and it to success in accordance with the pro- objectivity of auditing – both are required. ject objectives. For that, project assessment should be made on the basis External auditors check legality of finan- of objectives and how to make improve- cial statements and business operations ments rather than criticising the project. from neutral as well as expert perspec- For that purpose, ex-post evaluation is tives, while internal auditors verify not enough; ex-ante evaluation and also whether or not the given corporation in mid-term evaluation are necessary to al- its substance – including its management low for modifications.” policy – adheres to the spirit of the law and whether the corporate strategy and In this sense, assessment of ODA projects business management are appropriate. should aim at directing the project towards success, thus should be purpose-

29 oriented. That is the very role that such a society, people used to form good internal auditors are playing within the relationships by fathoming sentiments, given corporation. rather than by clearly expressing everything verbally. Due to the changes in international accounting standards, public accounting This is only possible upon the condition standards are also changed. But what that people’s experiences are the same truly important is not such technical and their knowledge all to a very high matters, but rather substantial auditing degree. When that happens, even as efforts to direct the business to without clear dictation, people follow the success, in accordance with compliance same behaviours and compliment each requirements and social responsibilities. other’s behaviours. This is an ideal way of teamwork. There is a tradition of not Session 6 will be on “Legalised Society expressing things too clearly in Japan. It and Social Validity of Laws” by Professor was indeed considered eventful that Hideki Kashizawa from Saga University. someone speaks of something, and we He is a Director of the Japan Association even have a particular expression for of Sociology of Law. He was the Editor in such an explicit behaviour. Chief for the “Future of the Legalised Society”, issued in the 67th issue of the It may be an extreme example, but one Association's journal, and gives lectures Japanese folk song has a line that goes: on environmental law and Sociology of “don’t you understand that l love you, Law at Saga University. unless explicitly say so?” Such a feeling may be quite difficult for foreigners to As society becomes more diverse, understand. This was only possible legalisation as a phenomenon is advanc- because Japan was a highly homogenous ing in many parts of the world in order to Society. The cost of information sharing set rules to the diverse realities. Key was at very low in such a society. words of these modern times such as Nowadays, Japan is different. Young institutionalisation, formal rationalism, people would not understand what is transparency, accountability, institutional meant without words. They answer back manifestation, fair competition, etc. also by saying “unless you clearly tell me what drive the legalisation of society. This to do, I wouldn’t know”. trend seems justified by appearance, but is it really so? It is not necessarily so, as It is said that there is no history without studies of human cognition tell us other- ideology, but it takes some effort to re- wise. cord things in writing and express things clearly in words. Furthermore, no matter For instance, historically, Japanese soci- how detailed the laws and regulations ety was very homogenous for a very long are set, there are always elements that time. Because of the nature of such soci- escape expression due to the nature of ety, it was considered very important language. When you expand the scope of that people understand each other with- linguistic expression to mean something, out expressive words. In other words, in you can reduce the amount of the non-

30 linguistic portion hidden behind the society where “laws for laws’ sake” is meaning, but you can ever eliminate it practiced. completely; in other words, the question of linguistic communication versus non Session 7 is on “Obstacles in Health-re- linguistic communication is a matter of lated ODA and their Solutions; the Role of proportion – and both are essential. Parliamentarians”, by Dr. Kiyoshi Kuro- kawa, Professor at the National Graduate To state a matter clearly and linguistically Institute for Policy Studies (GRIPS). increases the level of clarification, but it also increases the social costs. This is Although Dr. Kurokawa is now a even more prominent when it comes to Professor at GRIPS, his expertise lies in the field of Law. No matter how detailed internal medicine, especially in the law can be to regulate everything, it nephrology. After graduating from the will never be perfect. On the contrary, University of Tokyo, he became a the substance that lies behind the law is Professor at UCLA Medical School, and is increasingly lost. Eventually, some people a world-renowned researcher. After may even think that as long as they do returning to Japan, he also occupied the not violate what is written, anything goes. posts of Professor at the University of Tokyo Medical School and Dean of the Laws are formed upon necessity. The cost Medical School at Tokai University. of legalised society has never been a general discussion topic, but such a cost has He was also Chair of the Science Council become really enormous in the modern of Japan and later a Special Advisor to the time, and it is not a productive cost at all Cabinet in charge of science under the for that matter. From this perspective, Abe Administration and the Fukuda we have to start questioning whether it is Administration. He has been actively good to make laws unconditionally involved in international cooperation for exhaustive. It is necessary to review them health matters, and made many from the viewpoint of social necessity proposals in this area. and relevance to make them more appropriate. We have an expert from the World Bank in Session 8 to talk about evaluation and Laws are not the example simply by oversight from the viewpoint of interna- themselves; they are rooted in our lives, tional organizations. Among international they are there to support our lives. Given organizations, the World Bank is the larg- this nature, parliamentarians who are est provider of assistance. elected by the people are the ones to legislate. Parliamentarians are lawmakers. As one of the main actors in the Thus, it is an essential theme for advancement of developing countries, parliamentarians to think about how laws the World Bank has been implementing should be. From this point of view, numerous projects; extensive monitoring Professor Hideki Kashizawa will talk and evaluation have been carried out in about what kind of negative effects can order to achieve objectives, and to be emerge from further legalisation of

31 accountable for effectiveness, efficiency This programme is going end its entire and transparency. process next year. By the final year, If we can come up with auditing standards in Through these experiences, the World the areas of population and development Bank will brief us on: from parliamentarians’ viewpoint that are 1. World Bank’s standards for monitor- convincing to the people of each nation, ing and evaluation that already will be a great achievement. 2. What monitoring and evaluation is, based on purpose-oriented rationality By confirming audit standards that adapt and appropriateness to respond to to situations of each country and sharing situations them, we will be able to clarify require- 3. Conditions to be accountable to do- ments necessary for providing nors, and gaps between the require- accountability by parliamentarians of ments and actual implementation developed nations to their voters, and at 4. How to bridge these gaps the same time what they want to achieve 5. The World Bank’s foci among require- in developing countries as ideals. ments, and tools for project practitio- ners to meet the requirements If we can further expand the network of parliamentarians by sharing such The World Bank is world-renowned, and information, we will be able to achieve has great expertise and knowhow on the objective of this programme, which is monitoring and evaluation amongst other to promote ODA that voters understand things. In implementing programmes, and support. developing countries need to have the capacity to fulfil the conditions set forth To that end, I hope that you engage in by International Organizations’ standards active discussions with your colleagues of auditing, monitoring and evaluation. back home on what are the crucial determinants for recipient nations to This session will be a valuable resource determine either the success or failure of for parliamentarians to learn about the ODA. World Bank’s main principles and objectives in monitoring and evaluations, and how results will feedback into programmes.

Session 9 is on Preparing for Action Plans; Roles of Parliamentarians. Given the preceding discussions, we will focus our discussion on what are the necessary conditions of auditing in each country, and adopt action plans. This step will generate a huge outcome of this programme.

Tuesday, September 14, 2010

SESSION 3 Case Study: Legislation on Population Issues

CHAIR: Cong. Jesus Crispin Remulla MP, Philippines

Curriculum Vitae:

Congressman Jesus Crispin Remulla passed the Philippine Bar Examination in 1988 and immediately started law practice.

He was a provincial legislator from 1992-1995, and thereafter appointed by President Estrada as the Assistant Secretary of the Presidential Management Staff (PMS) in 1998. - The PMS is under the Office of the President and assists the President in the performance of his duties (through policy studies, for example). - He also performed duties similar to the Executive Assistant to the President from 1998-2001.

Congressman Remulla worked as Chief of Staff in the Senate from 2002-2003, and has been elected as a Member of Parliament in 2004, 2007 and 2010.

He is currently the Deputy Speaker of the Parliament of the Philippines and an ex- officio member of all standing committees, including special committees such as that on MDGs.

Tuesday, September 14, 2010

SESSION 3 Case Study: Legislation on Population Issues

Hon. Dr. Nguyen Van Tien MP, Vietnam

Curriculum Vitae:

Hon. Dr. Nguyen Van Tien is a Member of Parliament from Vietnam and is currently serving the 2006-2011 term.

He has been the General Secretary for the Vietnamese Association of Parliamentarians on Population and Development (VAPPD) since 1994, and the Vice-Chair of VAPPD and the Vietnam International Medical Parliamentarians Organization (VIMPO) since 2006.

Honourable Dr. Nguyen Van Tien received his Medical Doctorate in 1979, a Master’s in Public Health in 1994 from Mahidol University in Thailand, and a PhD in Public Health in 2000 from Hanoi Medical University.

Distinguished Ladies and Gentlemen, government on this issue.

Thank you to the organizers for giving me In my presentation, I will outline the the chance to present the issues pertain- geography of Vietnam; general informa- ing to the legislation on population in tion on the population of Vietnam Vietnam. regarding size, averages, legislations on population; and recommendations on how Our seminar here is focusing on the regional and national parliamentary fora “Parliamentarians’ Capacity Building Pro- can work to improve activities on popula- ject on Accountability and Aid Implemen- tion and development. tation for Population and Development Is- sues”, which relates to our work in this Vietnam, located in the South East Asian field in each of our countries. I think that region, has a coastline of 3000 kilometres. within the social field population and Over the past 10 years, the economic development is an issue that can receive growth in Vietnam has been continuously the most benefit from our side, from JICA, increasing; even last year, when the global Europe, and from the UN – especially from economy was receding and some UNFPA. There are many projects running countries had a (-) 0% growth rate, in each country thus we need capacity Vietnam was still experiencing positive building for Members of Parliament to un- growth rate of 5.5%. derstand, monitor and give advice to the

The Parliament of Vietnam will be celebrating its 60th year in 2011. There will In Vietnam, four population censuses have have been 12 terms by then; each term is been conducted: in 1975, 1979, 1989, five years. There is a total of one House 1999, and 2009. In 2009, the population in and 500 Members of Parliament who are Vietnam was an estimated 86.5 million; directly elected by the people. In Vietnam, however, the census revealed that it was however, only 25-30% of MPs work full- only 35.7 million. This means that the time for the parliament – the other MPs estimate was incorrect but the facts do work in the local government and also in prove that the number of children in each the cabinet. Functions include lawmaking family has reduced significantly. and monitoring, and deciding on what the most important issues of the country are. The censuses conducted in 1999 and the census conducted in 2009 showed many The Parliament of Vietnam has set the differences in birth rate, infant mortality target of rate, and Population Density GDP in PPP ensuing Country life that 30% of (millions) (people/km²) (US$/person) expectancy parliamenta India 1129,9 380,02 2.753 at birth; life rians are Bangladesh 150,4 1123,50 1.242 expectancy female. At Japan 127,7 340,05 33.525 at birth in present we Philippines 91,1 305,45 3.410 1999 was are at 26% – Vietnam 85,3 262,06 2.600 almost 69 30% is very and in 2009 difficult to reach. We tried to reach our it was almost 73 years old. goal of 30% in the last term but it was unsuccessful, thus we will try again this Over the past 50 years, the Vietnamese year and make it a matter for the agenda. population has gone from high fertility to low fertility, meaning that Vietnam has There are 10 Standing Committees in the done a lot to reduce the fertility rate and Parliament of Vietnam. Each Standing population growth rate year-by-year. In Committee has 30-40 members, and each 2005 Vietnam achieved a goal by reaching Member of Parliament may only join one a replacement rate, meaning each family committee. Our committee is Number 8: should have 2-2.3 children. In some cities the Social Affairs Committee (PCSA) which the TFR is only 1.5 or 1.6 and in some of is in charge of health issues – including re- the river deltas the TFR is between 1.7 and productive health issues – population, la- 1.8. At the time, demographers said that bour, poverty-related issues, etc. This this was a “bonus” for the population of committee is the patroness for the Vietnam; meaning that during 30 years, Vietnamese Association of Parliamentari- Vietnam’s population reached a “golden ans on Population and Development period”. The labour force was larger and (VAPPD) and the Vietnam Association of there were less children and less of the Medical Parliamentarians on Population elderly. (VIMPO), and it is an active member of AFPPD. The 2009 census showed that the under

10% of the Vietnamese are elderly. If the programmes in education, healthcare and figure is over 10% it means that the socio-economic development. We have country is reaching an aging population; in many volunteers for population issues that Vietnam it is between 9.1% and 9.3%. work at the grass-roots level. We have Vietnam will be enjoying a “golden now reached a time we call the “golden period” until 2030. This means that the population period”; however, we still have replenishing rate will be around 48%. The many challenges for population. population density in Vietnam, however, is very high. The first challenge we have is the large population and its high density, as The population growth rate is reducing in previously mentioned. Second, mass Vietnam due to the contraception preva- urbanization and urban migrants can lence rate which has gone from 60% in create many social challenges; there is the 1995 to the present rate of approximately concern that more slums in the cities will 80%. This means that more people are us- appear. We have sent many delegations ing condoms and other forms of abroad – consisting of ministers, leaders, contraception. and MPs – to observe slums in other countries and learn about experiences, The child malnutrition has also been successes and failures, to reduce slums as dramatically reduced from 50% 20 years a result of urbanization. ago to 18% at present. The child malnutrition rate has also declined, which Another challenge is that the population is reflected in the decline of the infant aging period is starting before the people mortality rate as well. become rich. Vietnam is still very poor, and it is very difficult to take care of all Age groups are also changing in Vietnam people properly and to ensure they all live meaning that the labour force is as well. in good conditions. There is still the The present labour force is increasing; “population bonus” that we are enjoying, however, the number of children is but with a very low skilled-labour force of decreasing and the number of elderly is only 20%; 70% of the labour force works in increasing. It is a “bonus” but also a agriculture. challenge for the future. The malnutrition rate is also a challenge, There was a consensus for the whole especially the child malnutrition rate. One- political system on the population issue. third of children under 5 years old in We have had many conferences with Vietnam have stunted growth, meaning parliament leaders, government leaders, that the next generation will also be of and local leaders on how population will shorter height. affect socioeconomic development. People want knowledge and family There is also disparity in the infant planning, and want to have a small-sized mortality rate between the rural and family in order to improve their economic urban areas, depending on the age group. situation. The population issue is More resources are needed from the mainstreamed in many development government to eradicate the large gaps

36 between the rural and urban disparities. Based on our experiences, we have some The urban population also differs by recommendations for the role of region. Urbanization is not only taking parliament in these matters. I believe we place in the large cities but also in parts of need to consult with policy-scientists for the smaller regions, thus one of the bigger policy development. Recently, in Vietnam, problems is how to deal with reducing we have held many seminars and poverty in the rural areas. The size of the workshops for consultations between labour force varies from region-to-region; parliament and policy-scientists so that we however, the number is generally very low can get timely information from them. in the highlands and mountainous areas. However, during these meetings the The female labour force also differs; in the policy-scientists say different things to the southern region, the female labour force is parliamentarians than what they report to much smaller than in the north. There is the government. The policy-scientists are far more agriculture in the north, whereas paid by the government. When receiving the labour in the south is more focused on funding from the government, policy- industry and services. scientists are sometimes cautious about what they say; however, they are willing to To deal with all these challenges, Article 40 speak frankly with parliamentarians. of the constitution of Vietnam, and many laws, state that: “Government, society, The second recommendation is to families, and each citizen have the strengthen advocacy activities regarding responsibility in protecting and taking care population and development. of mothers and children; implementing all MPs/politicians have very busy schedules. population programmes”. Our law also In order for NGOs and other groups to be stipulates that family planning is voluntary, able to carry out activities, they need to be but realistically each person should able to reach Members of Parliament. If implement family planning. We try to funds are lacking, NGOs and other groups mobilise all available systems; all mass will not be able to advocate, educate, nor organizations and the NGO engine to keep provide knowledge and information for educating people to exercise family MPs; there may be some aspects of planning. population and development issues that MPs are unaware of and will, therefore, be To carry out and deal with some of the ignored and not have the chance to be laws on population – but not only family addressed and discussed in parliament. planning – we had an ordinance in parliament on population in 2003, which Another issue is that there should be more was revised in 2008. We also have watchdogs; the monitoring and recently-adopted laws on the elderly, implementation of laws should be HIV/AIDS, domestic violence, and gender strengthened. If there are not any laws, equity. This goes to show that population government programmes cannot be moni- issues in Vietnam are not only about tored effectively. family planning; they encompass many issues. I also believe that we should have a broader concept of the population issue

37 that extends beyond family planning. We International Organizations, and fora such can organize seminars that include as AFPPD. HIV/AIDS, disabilities, aging, adolescence, women, and gender – not just family They should cooperate with parliamentary planning. This is important because groups to facilitate advocacy among MPs including other issues, such as gender or and policy makers to help with appropriate adolescence, will have an effect on family population and reproductive healthcare planning. policies and services. Parliamentary fora on population and development should In addition, we can also try to elaborate work with each other to deal with global laws on measures to take to improve the population problems such as aging, quality (of life) of the population. Within reproductive health, safe abortion, this context and its contents, how can we maternal health, and domestic violence. take advantage of the “golden period” for Countries can also learn from each other population? We must also seek ways to by sharing experiences. Vietnam has improve the quality of reproductive health learned from Indonesia that population services, especially in the mountainous policies had been affected during their and remote areas where it is very difficult decentralisation change; meaning that to reach health centres. when large changes are being made, care has to be taken to ensure that there are In Vietnam, just as in other countries, we not any negative effects on population are trying to control the imbalance in sex programmes. ratio. Presently, in Vietnam, there are 115 boys to every 100 girls; in some provinces In closing, I would like to reiterate the it is even 120 boys to every 100 girls. We importance of broadening the scope of must also ensure that the budget for population issues, as well as promoting population issues is used efficiently, advocacy and knowledge to other including ODA. How can we use ODA for parliamentarians’ groups and policymakers population with utmost efficiency? to gain their understanding and support for population programmes. We would also like to make recommendations on the roles of the United Nations, Thank you.

Tuesday, September 14, 2010

SESSION 3 Case Study: Legislation on Population Issues

Hon. Shri Shantaram Laxman Naik MP, India

Curriculum Vitae:

Hon. Shantaram Laxman Naik is a Member of Parliament in the Upper House of India and belongs to the Indian National Congress, which heads the ruling coalition government in India.

Hon. Naik is a member of the Standing Committee of Parliament on Law and Justice and also a Member of the Standing Committee on Food and Consumer Affairs, as well as a member of the Consultative Committee on Finance.

He also holds a post in the organization of his party as the Secretary of the All India Congress Committee, and is a very active member of the Indian Association of Parliamentarians on Population and Development (IAPPD).

Distinguished Ladies and Gentlemen, To give a brief outline of our status as a government: we are a federation. There Ladies and Gentlemen, allow me to take are 28 states, the Central Government, this opportunity from the onset to thank and seven union territories which are the Government of Japan for their Official ruled directly from the centre. There is a Development Assistance (ODA) to India. coalition government headed by the There may be some hitches, but there is congress party, with other parties joining; progress. thus, a combination of parties rules the 28 states. There are hitches in coalitions, but Regarding the two issues of population India is now in an era of coalitions. and development, we are fairly progressing as far as development is concerned, as Despite the fact that we are facing are other countries; however, as far as population problems, in 1952 India was population is concerned, we want to the first country in the world to launch a achieve the reverse progress and that is national programme emphasising family difficult. It is difficult because population planning. In addition, Professor Raghunath requires rigorous progress and we are still D. Karve opened the first family planning experiencing problems. clinic in Mumbai, something which we also boast about.

If we look at the population scenario, India only takes up 2.4% of the planet’s We also have the Marriage Restraint Act, geographical area but supports 17.5% of which states that the minimum age of the global population. If the current trend marriage for girls is 18 years old and 21 continues, India may overtake China – that years old for boys. Those who marry in is the fear. The current trend means that violation of the law will be strictly we “produce” the equivalent of the entire punished with a fine and up to three population of Australia every year. And months imprisonment. Socially, this is very while the global population is increasing 3- difficult. A case came to me when I was fold, we are increasing 5-fold. We quote practicing law whereby a major boy these figures because we keep them in eloped with a minor and she became mind when we design and implement our pregnant. The police charged him, family planning programmes. If we do not because under the law it was rape. The keep these key figures in mind our boy was brought to court to face charges programmes will not work; therefore, we and each time he came, the girl came with are not shy of mentioning this because we him. There was, ultimately, difficulty in are not shy of mentioning the status. reaching a compromise.

The scope of Indian legislations on The Medical Termination of Pregnancy population is quite minimal but at least we (MTP) Act was introduced in 1971. Under do help the population. As far as the this, termination is permissible when constitutional aspect is concerned, pregnancy involves risking the life of the population has been mentioned in the pregnant woman; grave injury to physical “concurrent list” of the constitution. There or mental health; or if there is a are three lists in the constitution: the substantial risk that if the child were born, central list, the state list, and the it would suffer from such physical and concurrent list. The central list consists of mental abnormalities that it would be the items that the central government seriously handicapped. enacts in laws in the Parliament of India. Items on the concurrent list can be The Pre-Natal Diagnostic Techniques enacted by both the state government (Regulation and Prevention of Misuse) Act and the central government. As far as the of 1994 was amended in 2002. The main state government is concerned, the state features are that no pre-natal diagnostic government has exclusive power of techniques can be used to determine sex enacting law. Population issues have been before birth. Violation of this is punishable put on the concurrent list so that both by fine and with up to three year’s have power and both have their power imprisonment. This act, however, is regulated. sometimes misused by doctors; sometimes a woman goes to the doctor to A recent constitutional provision is that determine whether all is in order with the we have frozen the seats of parliament pregnancy, but then also finds out the sex. until 2026. Why? Suppose some states have good family planning, their seats will Another legislation I would like to mention suffer in parliament because seats are is one my colleague from Vietnam decided as per state population. touched upon earlier: the Prevention of

Domestic Violence Act. We have a very Ayurveda, Yoga and Naturopathy, Unani, good act on this subject and it is a central Siddha and Homoeopathy (AYUSH); and and state law. If any woman suffers at the aims to enhance the capacity of Pancha- hands of the family, she can report it and yati Raj Institutions (PRIs) to own, control the problems are solved by giving proper and manage public health services. direction and proper help. It is a wonderful law that has been enacted and There are also legislations in demand, it is in practice. which we, under no circumstances are in a position to accept. Examples of Now, we have the National Population legislations in demand include: legislation Policy. The policy is not law; it only lays on incentives/disincentives for family size certain guidelines such as replacement (funding from centre linked to level fertility by 2012 (TFR 2.1), population performance); restricting family size by stabilisation by 2045, IMR below 30 per legislation (like China’s one-child-policy); 1000 live births by 2012, MMR below 100 and family size as a criterion for election per 100,000 live births by 2012, and disqualification. universal immunization. These issues will be achieved, but it will take time. There are also demands for restrictions in facilities like maternity and paternity leave. Population and environment are also In India, we give the mother leave up to a related. As the population increases, the period of six months and we even pressure on the environment grows. Trees amended the law recently to give fathers are being cut, dams are being erected, etc. leave as well, as they have duties towards because there is more and more demand; the child as well. People are now demand for houses, demand for demanding that this rule must be taken infrastructure. The Government of India and encouraged more, but we cannot. has the Environment Protection Act to seek a balance of what should be Another aspect is that population manage- permitted and what can be allowed for ment is now restricted to the centre. We development in relation to the have empowered all villages in Punjab at environment – there is a conflict between the very lowest level and smaller munici- nature and development. It is a very pal bodies in their duties of implementing difficult issue, causing a lot of tension population and health policies. As men- between the Ministry of Environment and tioned earlier, in India we have Panchayati all the other ministries. Raj Institutions (PRIs). PRIs are institutions, village councils, of elected representatives The National Rural Health Mission (NRHM) involved in the system of governance at was established in 2005 to provide effec- the village, block and district level. We call tive healthcare to the rural population and these three tiers village panchayats, taluka all aspects of it are being taken very seri- (middle) panchayats, and district pancha- ously by the government. It aims for yats. At the municipal level we have population stabilisation, gender and municipal cooperation, large cooperation, demographic balance; promotes a healthy and municipalities; so, nowadays these lifestyle; pushes for the revitalisation of lo- bodies play a very effective role. And since cal health traditions and mainstream when did they start playing an effective

41 role? Since the enactment of the 73rd and parliamentarians at all levels. In this, the 74th constitutional amendment in the role of the Indian Association of country, which empowers them to take Parliamentarians on Population and care of health and family welfare at the lo- Development (IAPPD), under the leader- cal level. The 73rd amendment deals with ship of Mr. Manmohan Sharma, is vital. He the village panchayat law; the 74th is the key, and I would say sole, figure who amendment deals with the municipal deals with this subject; he guides them bodies. and manages. I call him “the one man army” and he deserves praise from us all. In all these aspects, stakeholders’ involvement is very important, especially that of Thank you very much. elected representatives at all levels and

Tuesday, September 14, 2010

SESSION 3 Case Study: Legislation on Population Issues

Hon. Douangdy Outhachak MP, Lao PDR

Curriculum Vitae:

He is currently a Member of the Standing Committee of the Lao National Assembly, Chair of the Social and Cultural Affairs Committee, and President of the Lao Association of Parliamentarians on Population and Development (LAPPD).

Hon. Outhachak’s previous experiences include: Vice-Minister to the Prime Minister’s Office, for 5 years; Vice-Chair of the Information Board of the Party for 3 years; and Vice- Chair of the Social and Cultural Affairs Committee for 10 years.

Hon. Outhachak received his Bachelor’s in Politics and Administration in Russia in 1985.

Distinguished Ladies and Gentlemen, The Lao PDR receives ODA from friendly countries – including Japan – international On behalf of the National Assembly of the organizations, and NGOs. Japan is a main Lao People’s Democratic Republic, I have country extending ODA to the Lao PDR. the honour and great pleasure to address Taking this opportunity, on behalf of the this session. National Assembly of the Lao PDR as well as the Lao people, I express sincere thanks Taking this opportunity, I express thanks and gratitude to the Government of Japan to APDA for inviting and facilitating us to as well as the Japanese people for ODA join the session held here today in Tokyo. and other supports extended to the Lao This event is considered as significant. PDR.

As we are aware, the Lao PDR is a small ODA has been used to contribute to the country with a population of nearly six national socio-economic development in million. Being one of the least developed accordance with the prioritised plans of countries, the Lao PDR is currently ranked the Government in order to 131st out of 182 countries as classified in implementation of the plans, programmes the Human Development Index. However, and projects in the fields of socio- the Lao PDR has made efforts in making economy, science, technology, and the the economy grown constantly and the environment. The aim is to meet the livings of the people have been improved objectives of stimulating the economic regularly. Official Development Assistance growth and national poverty eradication, (ODA) has contributed to the socio- moving the country off the list of least economic development of the Lao PDR. developed countries by 2020.

Today, the Lao PDR is making utmost The National Assembly of the Lao PDR as efforts in its commitment to implement people’s representation has implemented the international conventions, which she is its functions and responsibilities for party to. The Lao PDR still faces some promoting and overseeing the constraints and challenges. The country implementation of the socio-economic must overcome them step by step. The plans, programmes and projects, including starting point of development in the Lao the ODA-funded ones. PDR is too low, development capital is every inadequate and the number of Our participation in this event will provide qualifies officials is limited. The infant and us with an opportunity to gain good maternal mortality rates are high and the practices and share experiences in malnutrition rate for children is high. The oversight of ODA usage and promote the quality of education is low due to Government to allocate more ODA for the inadequate teaching and learning population and development field. equipment. In conclusion, I would like to express my In the future, the Lao PDR will continue sincere thanks to APDA for their warm making efforts in the national construction hospitality and excellent preparation for and development. At the same time, ODA this event. from friendly countries, international organizations and NGOs still plays an I wish all delegates happiness and I wish important role and is necessary to the the project success. socio-economic development of the Lao PDR. Thank you.

Tuesday, September 14, 2010

SESSION 4 Evolution and Immaterial Nature of Software

CHAIR: Hon. Dr. Donya Aziz MP, Pakistan

Curriculum Vitae:

Hon. Dr. Donya Aziz is a member of the National Assembly of Pakistan and formerly the Parliamentary Secretary to the Ministry of Population and Welfare, and represented the Parliament on the Pakistan Medical and Dental Council for 5 years.

Hon. Dr. Aziz now sits on the Standing Committees for Health, Economic Affairs, Privatization, Rules and Privileges, and also represents her political party on the Working Council of the Women’s Parliamentary Caucus.

Hon. Dr. Aziz received her Bachelor’s Degree in Medicine and a Bachelor’s of Surgery from Punjab University and worked as a medical researcher for two and a half years at the Department of Radiology at the University of California Medical Centre.

Tuesday, September 14, 2010

SESSION 4 Evolution and Immaterial Nature of Software

Mr. Kouichi Kishida Special Adviser at Software Research Associates, Inc. (SRA)

Curriculum Vitae:

Mr. Kouichi Kishida started his career as a software engineer in the early 1960s. After working for several companies, he co-founded Software Research Associates (SRA) in 1967 making it one of the oldest software houses in Japan. He now serves as the senior technical advisor of the company.

He has been known as a leading technical character in the Japanese software industry. In the 1970s, he promoted his own version of structured programme design method; and in 1980, he introduced Unix into SRA as the base of software development tool. It was the start of the revolution of software development environment in Japan. He received the ACM-SOGSOFT Distinguished Service Award in 2001.

Mr. Kishida has been volunteering in various social activities within the Japanese software community. He organized various non-profit association and still serves as an active member of these.

Distinguished Ladies and Gentlemen, such, so I had to change my mind. I earned my living by programming and It is my pleasure to speak to you this would do my paintings in the eve- afternoon. My presentation is not ning/night. specifically gauged to population programmes but I will speak about the types I would like to introduce a famous quote of computer software there is, and the from 1921 by the Austrian philosopher evolution and immaterial nature of soft- Otto Neurath, which reflects the ware. philosophical situation in the early 20th century. He said, “We are like sailors who My programming career started in the on the open sea must reconstruct their early 1960s and I kicked off my own ship but are never able to start afresh company, Software Research Associates from the bottom”. If possible, they would (SRA), in 1967. I am now half-retired and return to the harbour to reconstruct the my major concern is the fundamental, boat, but that is not possible; we must philosophical foundation of software continue our voyage by repairing the development. boat we are riding on now.

I also work as a moonlight painter of ab- This remark exactly describes the stract art. Before I became a computer situation that software is in today. programmer I wanted to be a painter but Software is used in almost every aspect it was very difficult to earn a living as of our daily lives, but because of it we

46 also encounter various types of The other type of software is what the programme difficulties. Sometimes majority of today’s developed pro- airline ticket reservation systems are out grammes are: “E-type” software. “E” of order; sometimes stock market means “Embedded”; embedded in real- exchanges are forced to stop; sometimes world applications such as companies, electrical power supplies are dropped. management control systems, airline These types of problems are almost all reservation systems, government due to software failure in this software- organizational systems, etc. These types dependent era. If it were possible, we of social systems are embedded in the would throw out these “legacy systems” applications but the problem is that real- and construct new, useful and “beautiful” world applications change over time, software systems from scratch – but this meaning that the software must also is not possible. The situation now is that change. we must live with the currently existing “dirty” software systems. The image above provides an idealistic picture of the E-type system. The cloud- What are the essential characteristics of like shape represents the application. If software? We celebrated the famous someone wants to introduce a computer professor Mr. M.M. Lehman’s 80th in this application, what type of software birthday a few years ago. In the mid- is needed? Views of possible software 1970s, Professor M.M. Lehman was systems will differ from person-to-person. working at the IBM Research Institute in For example, if the president of a the United States. He observed a number company has an idea or opinion about a of large-scale software systems, including software system, so will the department the famous IBM 360 Operative Systems, managers, marketing staff, making the conclusion that there should manufacturing staff; or the customers, be a law for the software evolution users, and buyers. Everyone has their process. own opinion about software systems, thus system analysts interview people Professor M.M. Lehman said there are and then summarise specifications. Based two types of software; one is the on those specifications, software systems Specifications-type, or “S-type”. For are designed and programmed. And after example, if there are mathematical completion, programmes are tested equations to solve, such as calculating against the specifications, but the the square root of a number, we can requirement specifications will only specify a programme and find a beautiful partly reflect their needs and wants. algorithm to solve it. Formal specification will never change over time, the situation What happens when a problem comes is constant; therefore, the square root into the application and is then in solution of a number will be the same operation? Everyone that is influenced by one year later and one century later. If the operation will complain because the we develop the real-life programme software was developed based on a based on correct specifications, the summary of their opinions. programme will forever operate correctly. But this S-type software programme is an Software development also takes time exception. and during this time, the application systems’ environment will change. If it is

47 a business application, the company’s business will have changed over time; Professor M.M. Lehman said that “the last year’s specification is not good global process of the software revolution enough for today’s business. In the is with a multi-level, multi-group, multi- meantime repairs and modifications need agent fieldwork system”. The current to be made, so analysts will conduct a problem that certain engineers have is second round of interviews in order to dealing with this type of very strange and make appropriate modifications on the complicated situation. Professor M.M. applications. Lehman also developed around 10 laws on software evolution; the first three are In these real-world types of systems, E- famous examples. types are alive in application. With interview specifications and programming, the The first is the “continuous change”. cycle will rotate forever. The first cycle is Software must be adapted to the change called “development; the second, third, of its operational environment; therefore, and fourth cycles are called “mainte- if software is alive, it is continuing the nance”. The word “maintenance” is taken change. from the hardware manufacturing paradigm, hardware such as microphones, The second is the “increasing complexity”. personal computers, electricity, etc. E- This applies especially to hardware type systems require maintenance, but systems because part of the hardware software maintenance is not as easy as will deteriorate over time; the RAM hardware maintenance. Software might slow down, the keyboard may maintenance means the software has to malfunction, or there may be some be changed to adapt to the changes of screws loose. Software does not exactly the environment and goes through a deteriorate but it has to be adapted, process of evolution.

48 which is not always good for the meaning “everything flows”, and structure of the software system. additionally, “everything changes over time”. The famous Swiss linguist, Ferdi- When new software systems are devel- nand de Saussure, said “time changes all oped, the system designer will carefully things; there is no reason why language examine the specification and classify the should escape this universal law”. As a functions to be performed; then they de- linguist, De Saussure was amazed by velop modular designs to fix one function nations’ efforts, such as France’s, in the into one module, and a different function 18th century to standardise languages. He into other modules. But what happens believed it was inevitable that language when maintenance is done? Some would change over time; we believe that customers request that a specific software is the same and that it cannot function is deleted or added to the soft- escape all of the changes over time. ware by the next morning. The maintenance programmer has to respond What is time? Two thousand five to these requests but they are not con- hundred years ago, the famous Chinese cerned about the functional structure of philosopher Confucius was sitting on the the software system – they just do some banks of the Yellow River and said, “It is “patchwork”. If a costumer comes back what passes like that indeed, not to us several years later and asks us to stopping day and night”. Time flows modify another function, the modifica- without stopping, but what is the speed tion is more difficult as the previous of that flow, and what is the direction of function has now been distributed all the time flow? Time flows at a speed of over the software; therefore, patchwork one hour per hour. Sometimes we feel it has to be done on each of the modules. flows slowly; sometimes it flows rapidly, This means that the structure of software but time flows constantly at one hour per systems will deteriorate over time and hour. The direction of the flow is from that is one of the fatal characteristics of our front to our back. We cannot see our software. future because time is flowing in front of us and we cannot see the flow, but we The third law of software evolution is can look back on the past. In this sense, “self regulation”. Not everyone agrees we cannot sit beside the river and watch with him but Professor M.M. Lehman the flow as Confucius said; we are in the said that this was true: “The process of middle of the stream of time and can software evolution is out of human only look back. control.” His interpretation was that large-scale software systems, such as the Let us look back on software programmes. IBM 360, are not maintained by humans; I started my programming career around humans just assist with the “birth”, 50 years ago and since then many techni- evolution and growth of the system. This cal changes have occurred. I was deeply type of software system is a different involved in structural programming from creature – it has its own biorhythm. the 1960s-1970s which was successful to capture static pattern of dynamic pro- The idea of phenomena happening over gram execution processes. From the time is the world that software engineers 1970s to the 1990s there were a variety come from. There is the Ancient Greek of software design systems, and structure philosophical phrase of “Panta Rhei”, analyses and designs. These days, people

49 are very eager to pass you the product- the pioneers of this structuralism, who line design approach. In summary, all believed that linguistics is not a study of software engineers are concerned about the norms or discipline of language but the process because software is, in es- rather that linguistics is a study of sence, the implementation of processes. language which changes over time.

Computer hardware in the early 1960s The concept of software engineering was was very poor, so the first concern for introduced in the late 1960s, after the programmers was how to implement sustainable programmes on the large effective mathematical programme scale were coming out and we wanted to executions into the hardware. This was learn from other engineering disciplines the base of computer science theories. In such as electrical engineering, civil the late 1970s, computer hardware grew engineering, architectural engineering, and became much more high-speed, and other types of scientific engineering making it more of a real-world problem disciplines. Software engineers, therefore, solving tool. The next challenge in the wanted to have a discipline for software 1980s was the technology transfer system development and as a result, process between people. There were process standardisation paradigms have new effective social development tools been widely spread over the world for methods and tools, but how do you over 10 years. educate and train people to use these new systems? The real issue in the The Software Process Improvement and software community was the process Capability Evaluation (SPICE) and the connecting people with people. And then Capability Maturity Model (CMM) after the 1990s, thanks to the internet, measure the capability of social develop- computers are everywhere. Hardware is ment organization and the maturity level now in small microchips that are on a scale of 1 to 5. SPICE is our Interna- embedded in everything. Mobile tional Organization for Standardization telephones have two or three micro (ISO), while compatible with CMM. computers and a very large-scale software system running on the device. Activity theory is another approach of These sustained application systems are software process normalisation. The now tools that help support people’s CMM concept, for example, was everyday lives, and the systems have proposed by Mr. Walter Humphrey who evolved because people’s everyday lives worked for a long time as a manager at change over time. the IBM Cooperation in the United States. The CMM concept is strongly The two key words to describe our social management-orientated and based upon system are “process” and “structure”. the hardware manufacturing paradigm. Structure is independent of time but In looking into CMM, I found that it has a process is time-dependent, so our very similar flavour to classic oriental programme is how to deal with management, like neo-Confucianism. continuously evolving social systems and structure over time. Structuralism is one Zhu-Xi’s Confucian book, The Great of the major streams of 20th century Learning, from 16th century China states: philosophical thought. Again, Swiss “If you want to conquer the world, at first linguist Ferdinand De Saussure is one of you must govern your state properly. To

50 govern a state, at first you must regulate Japanese philosophers who tried to take your family. To regulate your family, at a step beyond Confucianism, one of them first you must cultivate yourself. To being Sorai Ogiu (1666–1728). He was an cultivate yourself, at first you must rectify advisor to the Tokugawa administration your mind.” This is a famous Confucian which was in the era of the eighth Sho- paradigm of management, which could gun Yoshimune; another is the young be matched with the software process merchant philosopher Nakamoto Tomi- management. ISO could represent the naga (1715–1746). world; CMM represents the state; the team software process represents the Sorai Ogui said that neo-Confucianism, family; and the personal software which was at the base of the Tokugawa process represents one’s self. administration, was too metaphysical and overstressed self-discipline; Confucianism Similar conceptual matching can be done should be re-constructed in a more with turn-of-the-20th century German sociological style. He said, “The Way of sociologist Max Weber’s concept of Confucius is the Way of Sacred Kings”, “ideal bureaucracy”. Weber said that and that the fundamental concept of the ideal bureaucracy has five characteristics: way of Confucianism is too abstract and emphasis on form; concept of hierarchy; difficult to understand for the general specialisation of tasks; specified sphere people. So, legendary Chinese sacred of competence; and an established norm kings invented Rites-and-Music as of conduct for each layer in the hierarchy. examples, which is easy for people to These were supposedly strong political understand and practice. We should tools for republicanism to beat inherit this spirit and think about how to monarchism. make our own version of Rites-and-Music. That was Sorai’s appeal. Both frameworks of the Confucian management paradigm and Max Weber’s In going one step beyond this, we look at Bureaucracy Programme are very Nakamoto Tominaga who was one of the beautiful, logically speaking, but this frontrunners of the Kaitokudo philosophi- logically beautiful paradigm framework is cal school. Kaitokudo School was easy to collapse in practice. Take, for established by five rich merchants in the example, the present-day bureaucratic 18th century in Osaka as a private school and political situations of Japan, China, of philosophy. Nakamoto Tominaga was and South Korea that are based on the the son of one of the founders of the Confucian paradigm; we are looking at school. Tominaga died very young but collapsing the political status. It is a managed to write a number of works; in logically beautiful framework but not most of which he criticised Confucianism, very good in practice; thus, in practice, Buddhism and Japanese Shintoism. Many we must go one step beyond Buddhists and Confucian philosophers Confucianism. were against his philosophy, and his books almost became lost in history. Af- Recently, I was doing some research into ter the Meiji Restoration, almost 200 the history of Japanese philosophy. I years after his death, Tominaga’s works found that in the early 18th century there resurfaced and his theories were was a “Linguistic Turn” in Japanese revaluated. In his last book, he stated, philosophy and there were several “The Way is the way of sincere practice,

51 that’s all”; thus the fundamental concept development is being considered as of Confucianism is the way of how things material labour, when in fact it is not; the are practiced, that’s all. We do not need essence of software engineering is Confucius and we do not need the sacred immaterial labour. Immaterial labour is Kings; just pursue your own way of sin- the production of immaterial goods such cere practice – that is all. as services, knowledge, communication, etc. It also means producing an Nakamoto Tominaga also produced informational concept of a commodity. works on the characteristics of language For example, we develop the software for discourses. He said that every linguis- and the software is written on a CD or tic discourse has three characteristics. floppy disk. The CD/floppy disk is a One is the trend of time. No one can es- material good but that material is not cape the environment of their living age. important; what is written on that Secondly, there is ethnic taste. Third, CD/floppy disk is what is important. there are very fundamental styles of Fashion is a similar case. The material is representations of languages. I believe not that important; it is the design, that if you are looking at how to use lan- colour, and “look” that are important. To guage, I think the business of software is produce such kinds of products is what writing software systems using some kind we term immaterial labour. of special language. Software is also an immaterial product; it I think of language as a career of culture, is invisible and intangible. It embodies and any social group has their own information and cultural contents. unique culture. There are cultural differ- Software is very important and useful for ences that exist among countries and implementing other immaterial products, even within the same countries. Cultural making software development a type of differences exist among companies, immaterial labour. In addition, not only schools, projects, user communities, etc. are the developers immaterial labour Every human group speaks a different workers but the software consumers are language – that is the fundamental immaterial users. condition given to us. I think that communication problems are the basic There are different segments of immate- reason for software trouble. The user rial labour, such as industrial production speaks one language and the system ana- where communication is lifeblood; or lyst speaks a different language; the some kind of symbolic analysis and prob- developer speaks one language and the lem solving of knowledge workers. There designer speaks a different language; the is also affective labour whose products programmer speaks one language and are intangible: a feeling of ease, well-be- the user another. Among these groups ing, passion, satisfaction, excitement, there exist communication problems be- sense of connectedness to a community. cause of the differences between languages, so communication engineer- There are other aspects of immaterial ing is needed to solve the software labour. It is a relationship between problem in the future. production and consumption. There is a famous paradigm for automobile One difficult issue that software manufacturing companies and their mass engineers face today is that software production of standard-style automobiles.

Over the past 20 to 30 years, the Toyota- but in software’s case, the quality is style automobile production has been related to the using process and method. overriding “Ford-ism”. The Toyota-style is From a product-orientated view, we need based upon communication and they to figure out some techniques and tools conduct market research to produce a to deal with the software evolution variety of automobiles for timely process with application evaluation in the introduction into the market. real world.

In the face of immaterial production, the In these types of evolution systems, as production is not the product or the previously mentioned, I believe that market but rather a production of a social every human group is involved in that relationship. The social process that kind of evolution process, and every integrates production and consumption is group speaks a different language. In this very important. With the current variety sense, I think that Russian philosopher of web application such as Youtube, the Mikhail Bakhtin’s (1895–1975) concept of users of these software products are the “dialogism” is quite important. Bakhtin ones who are developing new versions of studied Dostoyevsky’s novels and the product. In this case, consumption is concluded that the novels are a unique not separated from production; art of “polyphony” and “unfinalisability”. production and consumption are There are many characters in each novel integrated into the same long process, and Dostoyevsky treats every character and product consumption generates new at the same level, and every character needs, putting products into permanent has their own opinion based on their evolution. Consumption also adds value. cultural background. Discussions among The more it is consumed, the more value them continue in a never-ending way. it gains. For this type of production, The stories do come to an end at one consumption is the essence of the new point but the discussions are open-ended style of immaterial labour. and continue in the readers’ minds.

In the software engineering community, This kind of dialogism and unfinalisability there is a stream of paradigm change: is very important when we think about from “product-orientation” to “process- multi-cultural software development – orientation”. This phenomenon was first and the concept of software itself. recognised by Dr. Prof. Christian Floyd in the late 1980s. We believe that quality is Thank you very much. a characteristic of the hardware product

Wednesday, September 15, 2010

SESSION 5 Corporate Activities and Corporate Governance in Japan

CHAIR: Hon. Dr. Nguyen Van Tien MP, Vietnam

Curriculum Vitae:

Hon. Dr. Nguyen Van Tien is a Member of Parliament from Vietnam and is currently serving the 2006-2011 term.

Wednesday, September 15, 2010

SESSION 5 Corporate Activities and Corporate Governance in Japan

Mr. Katsutoshi Chikudate Chair of the Japan Corporate Auditors Association (JCAA) Standing Auditor of the Tokyo Electric Power Company, Inc. (TEPCO)

Curriculum Vitae:

Mr. Katsutoshi Chikudate is presently Chair of the Japan Corporate Auditors Association (JCAA), as well as the Standing Auditor of the Tokyo Electric Power Company, Inc. (TEPCO).

Mr. Chikudate started his career at TEPCO in 1966, and now holds the prestigious title of former Executive Vice-President.

He was born in Fukushima, Japan and graduated from Kyoto University with a major in Law.

Distinguished Ladies and Gentlemen, as: 1) the structure of joint stock companies provided by the Companies Act; 2) My name is Katsutoshi Chikudate, and it internal control according to the Financial is a great honour to address Instruments and Exchange Act; 3) listing parliamentarians from African and Asian requirements for the Tokyo Stock Ex- nations who are in positions of leadership change (TSE) and other stock exchanges. in their countries. The third part will briefly cover the recent situation regarding: 1) necessity of strong Allow me to talk about Japanese corpo- corporate governance; 2) discussions by rate activities, as well as corporate the Company Acts Committee of the governance. Corporate companies, or Legislative Council; 3) laws and corporate joint stock companies, play a major role governance. in the Japanese economy as well as the legal regulations surrounding these General remarks; what, after all, is a activities; thus, I would also like to touch company in Japan? We would say that a upon the importance of law and corpo- company is a form of joint enterprise for rate governance. The characteristics of the purpose of managing a business with corporate governance in Japan are that the support of multiple investors. There the auditors audit the directors who are are various forms of companies, among the executers of management. which are joint stock companies or incorporated companies. The main type I will focus on three parts in this of company is the stock company, the presentation regarding corporate membership (i.e. shareholders) of which activities and corporate governance in Ja- is represented by the shares, and the pan. The first part will be general remarks business of which is carried out by a on companies- and company-related acts third-party body (i.e. director or a board in Japan. The second part will be a synop- of directors) elected by the shareholders. sis of situations within institutions such

According to the 2010 Statistical the company; 2) transferability of shares; Yearbook from the Japanese Ministry of 3) the principle of proportional voting. Internal Affairs and Communications, there are around 2.5 million stock Among all the company-related acts in companies in Japan; approximately 99% Japan, we are looking at the Financial of all companies in Japan are joint-stock Instruments and Exchange Act. The companies. The same source states that purpose of the Act is to facilitate the of Japan’s 127 million people, 63 million issuance of financial instruments, such as are labour force participants of which 55 securities, and functioning of their million are fulltime employees. Looking trading markets to allow companies to at these figures, it is safe to say that stock raise funds and investors to engage in companies play a very important role in asset management. To put it more Japan’s economic activity. specifically, the value of the companies and securities should be fairly evaluated The Companies Act provides for the based on hard information, and the formation, organization, operation, and markets should be trustworthy for management of companies where the investors and easy to access. relationship between private persons – for example, between a company and To secure the efficiency and fairness of shareholder or creditor, etc. – is these markets, the Financial Instruments regulated under the principle of private and Exchange Act provides the following autonomy. regulations: 1. the efficiency and the fairness of the For the history of the Companies Act, we disclosure system, requiring compa- go back to the enactment of the former nies to disclose information Commercial Code of 1890. Over the past 2. prohibit unfair trading such as mar- 120 years amendments have been made ket manipulation and insider trading frequently in response to the changing 3. regulations on stock exchanges, social conditions. The current Companies which connect companies and inves- Act was enacted in 2005 and its major tors characteristics include, in three points: 1. important provisions had been The TSE and other stock exchanges were separately provided in a plurality of established as markets where financial acts such as the Commercial Code instruments, such as securities, could be and the Limited Liability Company issued and traded. These stock exchanges Act were compiled into one act; ensure the fairness and reliability of the 2. a systematic review was undertaken markets and provide a useful and effi- to maintain overall consistency and cient infrastructure for transactions and reorganize multiple recent revisions; settlements in order to earn the trust of a 3. various types of institutions in the large number of market participants and company-related acts were reviewed stimulate security markets. For these pur- to respond to recent changes in poses, the stock exchanges have drawn social and economic conditions. up listing requirements such as formal ex- aminations of requirements and The three characteristics, provided by the qualifications for companies to be newly Companies Act, of a stock company is listed, and a timely disclosure policy for that: 1) limited liability for all members of currently listed companies. These listing

56 requirements are “soft laws”; in other − Three committees are provided for, words, regulations without enforcement and the auditing committee audits powers, given by the national govern- the execution of duties by the board ment and voluntarily observed. of directors.

In order to understand the structure of What is the structure of stock companies stock companies provided by the provided by the Companies Act? The Companies Act, we shall review the revision of the Act in 2002 introduced the principle of company systems. All stock “company system with committees” (as it companies require a director as well as was called then, following a model in the general meetings of shareholders. Other US) in Japan. It became possible to select bodies, for example, a board of directors between this system and the or a board of corporate auditors or conventional auditor system. With this, auditing committee, can be provided more than half of the committee according to the provisions of the articles members of each committee must be of incorporation. outside directors, according to the Companies Act. On the other hand, In terms of actual practices in company companies with auditors, the traditional systems designing, large-scale companies type, are under no obligation to appoint in Japan can select either of the following outside directors, but at least half of the types of company systems: auditors must be outside auditors. To 1. Company with auditors; thus, a compare, in a company with auditors, board of directors plus a board of independent auditors (they are not corporate auditors plus external allowed to simultaneously act as auditors who are Certified Public directors/hold concurrent positions) Accountants (CPAs) audit the business execution, while audit − The board of directors makes deci- committee members (in a company sions concerning business execution, having committees) manage audits as supervises the execution of duties by directors making decisions concerning the board of directors, etc. business execution. − The auditors audit the execution of duties by the board of directors, etc. Regarding the business execution by − The external auditor, who is a CPA, managers and the monitoring function by manages accounting audits auditors within the auditing committee, More than 90% of companies have directors are those entrusted with adopted this system in terms of business execution by the shareholders in company-type with auditors. stock companies. As an independent body, auditors are entrusted by the 2. Company with committees; thus, a shareholders to audit the business board of directors plus three execution of those directors. In a committees who do the nominating, company having installed committees, compensation, auditing plus an the audit committee members as external auditor (CPA) directors manage the audits of the − The board of directors and the business execution by the executive accounting auditor are of the same officers, etc. Both types of companies pattern as previously explained in ensure sound, sustainable growth of the the company with auditors. company, have an obligation to establish

a framework of high-quality corporate the internal control system. Moreover, governance, and are responsible for its when auditors audit a business report, it execution. is mandatory for auditors (the Board of Corporate Auditors) to audit the ade- The following is the basic structure of quacy of the contents of the internal corporate governance and positioning of control system. According to the Finan- auditors, as well as the structure of stock cial Instruments and Exchange Act, the companies, provided by the Companies “internal control concerning financial re- Act: ports” is regulated so as to ensure the

Stock company General meeting of shareholders (company with auditors (audit meeting)) Election Election (office term of four years) Report : Outside director : Object of audit

Board of directors Board of Corporate Auditors

Representative Supervises Director Audit execution of (Sole auditor) (Sole auditor) (Sole auditor) (Sole auditor) duties by the Auditor board of directors Audit of execution of duties Agreement concerning by the board of directors candidates of auditors and demand for proposal to the shareholders meeting

Execution

Audit

Audit (judgment on the adequacy Report of audits of external auditors) Representative Director Accounting audit Director of business execution External auditor (CPA) reliability of financial reports. It also shows the relationship between shareholders, auditor’s meetings, the According to the Financial Instruments board of directors, and the board of and Exchange Act, listed companies must corporate auditors; it shows that auditors prepare and submit an “internal control play and integral role to execute report” that has assessed the “situation corporate governance. of arrangement and management of internal control concerning the financial What is an internal control system, report” every business year together with according to the Companies Act? In a securities report. The assessment of general it is a system for securing internal control, “assessment of the appropriate business operations and the situations of arrangement and manage- propriety of business within an organiza- ment”, contains the following two tion. According to the Companies Act, it assessment criteria: is mandatory for large-scale companies − Internal control of the whole com- with a board of directors to make resolu- pany: An assessment is made tions concerning the arrangement of a concerning whether the six basic ele- system for securing the propriety of com- ments of the internal control, which pany business, which is the basic policy of

affect the whole organization, are Recent requirement revisions have been functioning effectively. made. Regulations on the allocation of − Internal control concerning business new shares to third parties, etc. were processes: An assessment is made revised in August 2009. It is now concerning whether control corre- mandatory for auditors to give an opinion sponding to possible risks is func- concerning legal compliance of the tioning effectively for each business company, etc. phase. In addition, an external auditor (CPA) The “Independent Directors/Auditors should audit the internal control report System” was added in December 2009. It and should then create and submit an is now mandatory for listed companies to internal control audit report. assign at least one independent director/auditor. Simultaneously, further Touching upon requirements for listing enrichment of the disclosure level on the TSE and other stock exchanges, concerning the corporate governance when a company is newly listed, its system, etc. was introduced. qualification requirements are examined including a formal requirement The recent situation has shown that examination according to the “Security there is the necessity of strong corporate Listing Regulation” concerning the governance. As explained so far, a variety number of shareholders, the number of of laws and regulations are becoming shares in circulation, the aggregate enforced and various systems have been market value, etc., the continuity of the introduced to enhance and strengthen company according to the “Guideline corporate governance and internal concerning Listing Examination etc.”, control by a variety of laws, ordinances, profitability, the soundness of corporate etc. for the efficient and fair management, the corporate governance development of economic activities of the company, and the effectiveness of mainly by companies led in Japan. In the internal management system. reality, however, a succession of corporate scandals has shaken the trust The Company Announcements Disclosure of investors – both in and outside of System has been formulated with respect Japan. to listed companies in order to provide investors with important company More specifically, in the US in 2001, there information, and is required to disclose was the Enron case that was reviewed information on the business, showing there had been fictitious management, or achievements of such transactions and indebtedness that were companies (e.g., shares to be issued, start recorded separately from the consoli- of new businesses, etc.), which have an dated financial statements utilizing an important influence on the judgments outside corporate entity, which led to concerning investments in securities. Fur- bankruptcy. In 2002 there was the profit thermore, it is also required to disclose a padding of WorldCom that was reviewed quarterly brief announcement of the and also sent the company into bank- most recent financial statement, the ruptcy. corporate governance report, etc. If you turn your eyes to Japan, in 2004 Seibu Railway revealed false descriptions

59 of the situation of major shareholders in same time, the trends towards both the their securities report and so the globalisation of corporate activities and company was delisted as a result of the the international standardization of the scandal. In 2005 Kanebo did sales accounting system are also intensifying. padding and had cost underestimation Thus, there is greater demand for stricter reports, leading them to become delisted corporate governance from these as well. In addition, in 2006, Livedoor was perspectives as well. delisted because of its window dressing; in the same year Nikko Cordial Securities Countermeasures from the viewpoint of also got delisted after window dressing the Companies Act have also been in de- was also revealed and acquisition by mand. Given the situation, each relevant another company. body – such as ministries, agencies and organizations concerned – have There is also the demand for stronger published reports, drafted proposals and corporate governance from the aspect of other documents concerning corporate the society’s stronger surveillance for governance, demanding countermea- corporate scandal. Following these sures in terms of companies acts. occurrences of scandals, the regulations on corporate governance in Japan were The following are a few examples of made stricter by the enactment of the reports that have been published, coming Companies Act, the Financial Instruments from a variety of agencies, ministries and and Exchange Act, etc.; but corporate associations concerned: scandals did not end, and there were − For Better Corporate Governance, public demands for more and stronger Nippon Keidanren, April 14, 2009 countermeasures. − Proposals concerning Ideal Ways of Corporate Governance and Disclosure Demand for stricter corporate govern- System of Listed Companies, Japan ance reflects the changing economic Institute of Certified Public situation. The subprime loan problem Accountants, May 21, 2009 triggered the financial crisis and − The Corporate Governance Study economic catastrophe in Europe, the US, Group Report, Corporate Governance and the world in 2007 resulting in a Study Group, Ministry of Economy, global economic downturn. In Japan too, Trade, and Industry, June 17, 2009 a succession of well-known large compa- − For Strengthening the Corporate nies fell into unprofitable operations and Governance of Listed Companies, etc., “the red”; the management situation is Financial Services Section, Financial more difficult than ever. Under these un- Services Council, Financial Services usual circumstances, each company faces Agency, June 17, 2009 serious problems about how to steer the − Arrangement of Market Environment, company. etc. for Safe Investments, Listing System Arrangement Meeting, Tokyo Under these strained circumstances, Stock Exchange, April 23, 2009 there is greater anxiety over corporate − Final Report on Answers by Experts scandals such as accounting fraud. Due to Meeting, Japan Corporate Auditors heightened social concern about corpo- Association, April 8, 2009 rate accounting, monitoring of various scandals has become stricter. At the

The Legislative Council is under the proposals on the company system for Ministry of Justice. Its purpose is to new governance organizations such as investigate basic items concerning civil companies with audit committees, laws, criminal laws, and other legal affairs companies with joint audit committees, in response to requests for advice etc. Regarding the major focal points originating from the Minister of Justice. concerning ideal ways for parent and Under these circumstances, on 24 subsidiary companies, the protection of February 2010, the Legislative Council the shareholders of parent companies, received a request, “Describe the and ideal ways of listing subsidiary synopses of the necessary reviews of companies, group governance, etc. have regulations, etc. concerning an ideal been discussed. framework for corporate governance and the disciplining of parent companies and In conclusion: their subsidiaries ... with respect to the − Companies play a major role in the companies act.” In conclusion, it was economic activities of Japan, and are decided that the newly established social public institutions involving Companies Act Committee should various stakeholders such as continue the discussions. Since then the shareholders, creditors and employ- Companies Act Committee has met four ees. times, on 28 April, 26 May, 23 June, and − In modern society, the nomocracy, 25 August, at which each committee where the legal system rules, is a member made presentations to clarify principle, and compliance is a natural the focal points of discussion. The major social responsibility for companies. focal points of discussion proposed, so − Therefore, it is a necessary minimum far, were related to corporate duty to appropriately perform corpo- governance and ideal strategies for rate governance based on the parent and subsidiary companies. Companies Act, the information disclosure provided by the Financial Major focal points concerning corporate Instruments and Exchange Act, etc. governance have been proposals on − In addition, companies should be improvements to the current system in aware of their important the areas of strengthening the authority responsibilities as public institutions of auditors, tightening the conditions of and should always strive to enhance external directors and independent the level of their internal control (as directors, disclosure of the management self-discipline). conditions of internal control system operations, etc. There have also been Thank you very much.

Wednesday, September 15, 2010

SESSION 6 Legalized Society and Social Validity of Laws

CHAIR: Cong. Jesus Crispin Remulla MP, Philippines

Curriculum Vitae:

Congressman Jesus Crispin Remulla passed the Philippine Bar Examination in 1988 and immediately started law practice.

He was a provincial legislator from 1992-1995, and thereafter appointed by President Estrada as the Assistant Secretary of the Presidential Management Staff (PMS) in 1998. - The PMS is under the Office of the President and assists the President in the performance of his duties (through policy studies, for example). - He also performed duties similar to the Executive Assistant to the President from 1998- 2001.

Congressman Remulla worked as Chief of Staff in the Senate from 2002-2003, and has been elected as a Member of Parliament in 2004, 2007 and 2010.

He is currently the Deputy Speaker of the Parliament of the Philippines and an ex-officio member of all standing committees, including special committees such as that on MDGs.

Wednesday, September 15, 2010

SESSION 6 Legalized Society and Social Validity of Laws

Prof. Hideki Kashizawa Professor at Saga University

Curriculum Vitae:

Professor Hideki Kashizawa obtained his Master’s degree in Law from Kyushu University and thereafter worked on a PhD programme in Law.

He has been a Professor at Saga University since 1999, and a Director of the Japanese Association of Sociology of Law since 2005.

Professor Kashizawa is currently a Member of the Japanese Association of Legal Philosophy; the Japanese Association for Environmental Sociology; the Japan Association for Environmental Law and Policy; the Kyushu Law Association; and the Sociological Society of West Japan.

Distinguished Ladies and Gentlemen, should work well, and that problems arise in the absence of political laws. They also Thank you very much for giving me the think that what is not provided by positive opportunity to speak here. My name is law does not have any power. Hideki Kashizawa and I belong to the Japanese Association of Sociology of Law When I tell my class, “positive laws are not for which I serve as a Director. This all that powerful”, my students give me Association studies the relationship strange looks. One example is Article 25 of between law and society, which is what I the Air Pollution Control Act, which will be addressing today. provides for liability with- or without negligence. When you make a damage I have been teaching environmental law claim because you think damage is done and sociology of law at Saga University, unto you by someone – or in this case, by and have recently become deeply a corporation – the case has to be filed in concerned with a certain tendency my court as an unlawful act that has been students seem to have. I wrote about this done onto you. When there is a large in the Association’s newsletter which Dr. injured party, you have to establish the Osamu Kusumoto read and thereafter fact of negligence on the part of the invited me to give a presentation on. defendant of the party of the one who caused damage. That is the principle of My concern is about, what I call, the the law. In the case of air pollution, “Supremacy of Positive Law” principle. however, it is almost impossible for “Positive laws” are written laws and my citizens to prove with evidence that it was students take these as something negligence on the part of the corporation almighty; that is to say, they think that as that caused damage unto the general long as there are positive laws society public. After many legal battles, judicial

63 precedents have established liability with society, existing by themselves; they do or without negligence in pollution cases. not think about how laws are related to Pollution cases have already been society. Sociology of law is a study that established, thus when the case is brought looks at the relationship between law and to court, the negligence on the part of the society; thus, in a nutshell, my students do defendant does not actually have to be not fully understand the very concept of proven. sociology of law.

In this context, Article 25 of the Air I wish to focus my presentation on the Pollution Control Act is merely a written process of implementation after positive confirmation by the legislative branch of laws are legislated. the judicial principle already established, not something newly created by the There is one example I would like to give lawmaking branch. With or without you which I have long questioned. In Japan, liability or negligence, people can take the there is the so-called “adult entertainment case to court; however, the students business”. Adult entertainment businesses cannot believe that the legislative branch are regulated by local governments, thus laws become unimportant. The legislative prefectural governments are regulating branch only follows what has already been adult entertainment which cannot operate established in the judicial branch, and the without permission of the local students wonder whether that is really government. Permission is provided in right. accordance with the Sex Industry Law.

Looking at it more closely, belief in the This Sex Industry Law is quite unique, in an supremacy of law principle odd sense, as a case study. For example, if underestimates the social aspects that are a service business does not fulfil a certain there before or after laws are legislated; level of brightness in the room, the thus it does not take into full business is then considered a “sex consideration, number 1, the importance business”; if the room where the service is of social movements and discussions provided is too dark, it is considered a “sex before a particular law is legislated; and business”. If it is, indeed, a sex business, it number 2, the difficulty of implementation must obtain permission from the local and dispute settlement process after the government and meet the requirements law has been legislated. that it is in a certain distance away from schools, hospitals, etc. In addition to this, Firstly, before the law is legislated, the neighbourhood residents can oppose students are not interested in the history plans for the establishment of such a of the social movements that came before business, if it is too close to a school or the legislation. My students’ response hospital, etc. regarding this would be, “Well after all, everything will be alright once the law is Article 13 of the Sex Industry Law enforced, right?” And secondly, when I stipulates the permitted hours of business; explain how difficult it is to actually these hours exclude any hours between implement the law after legislation, they midnight and dawn. Do we think that the simply respond by saying, “Well, law sex businesses really close between enforcement just needs to be tougher.” midnight and dawn to comply with the This implies that the students tend to Article? Would they really make money think that laws are independent from that way? I do not think so. Walk in the

64 red-light district and you will know that The amount of regulatory laws that have many of the sex businesses are open after been created in welfare states is so vast midnight. We could conclude that Article that legal experts are not able to review all 13 of the Sex Industry Law does not really of them, but there are positive laws that take into account whether it is can be called “regulatory” laws because enforceable or not. they are put in force to achieve policy goals – administrative laws. In this sense, Similar to this Sex Industry Law, there are welfare states are positive states, where other laws that are almost completely they take a positive stance to interfere negligent of the feasibility of with social problems; while at the same implementation; that is to say, you cannot time administrative states see the really blame those students who are hypertrophy. indifferent to the various implementation systems of the laws after they are The regulations on environmental laws are legislated because that is the reality. carried out by command and control. The During discussions on the sociology of law Water Pollution Prevention Law, for the “legalisation of advanced capitalist example, sets the effluent standard for countries” is often pointed out as one of harmful substance – the concentration the tendencies, whereby positive laws are regulation of 0.1 mg or less per 1 litre of mobilised to respond to social issues and effluent. Local governments conduct achieving unity of society as a result. irregular, surprise inspections to ensure that this concentration regulation is being Roughly speaking, there are two reasons enforced legitimately. A factory, however, for the progression of legalisation. One is could put a lot of tap water at the the changing nature of the processing of overflow so that they can pass the disputes. It used to be that a dispute was regulation. It is also impossible for the dealt with by social groups, such as local local government to take effluent during communities; however, due to the the night, so the factory – unbeknown to degeneration of such social groups, any the authorities – could just drain effluent dispute is now immediately brought to the that is above regulation. Do you think, attention of the justice system. Disputes then, that the water pollution prevention are to be solved on the basis of applicable law is helpless? No, it is not. laws, under the aspect of legislation called “judicialisation”. Japan has overcome pollution in places such as Minamata and Yokkaichi, through The second reason for the progression of command and control approach, yielding legalisation is the rise of the welfare states. productive results. At first glance, Advanced capitalist nations can be called regulations look powerless but they are “welfare states”; where poverty, welfare, effective – and it is puzzling. The ones who health, and environmental issues are dealt are regulated have the incentive to avoid with by the states. For that purpose, many regulation because if they can avoid the countries set policy goals – and legislative cost in order to pass the regulation, they laws to achieve those goals – and enforce are then in a better position to compete. regulations on the behaviour of citizens In other words, those that are regulated and businesses; thus, in welfare states, have the incentive to become free riders; laws and regulations are used as a means they do not want to burden the cost, but to achieve policy goals. they do want to enjoy the wonderful natural- or business environment.

regulated in order to maintain a beautiful Why, then, do regulations work? There landscape. It is proving difficult to enforce has not yet been sufficient research this regulation as there are not any conducted on this issue but I believe there industry organizations regarding- or for are three elements as to why these manufacturing such billboards; or an regulations are effective. industry organization of tenants of buildings. The city must, therefore, deal First, there are those who are regulated; with each tenant individually, which is the majority of whom understand the ineffective and entails huge costs. necessity of that regulation. Regulation is not just a unilateral order or command of The third element is social monitoring. The the regulators but is an interaction interaction of the regulators and the between the regulators and the ones to be regulated parties must be monitored by regulated. The ones to be regulated must the outside mass media, NGOs, or the have understanding towards the people. If regulation is an interaction regulation otherwise the regulation will between the regulator and the regulated, not be effective. They should not follow there is the concern that the regulators the law only because there is a sanction, will become too accommodating and only but because there must be a substantially conduct mild enforcement or superficial justified attitude towards following the implementation. There is the infamous regulation and because such a law is Japanese example of industrial waste necessary. Unless there is this type of dumping at Teshima in Kagawa prefecture. mentality among those being regulated, There is the Industrial Waste Processing the enforcement of this law will be Law and industrial waste processing neglected with huge costs associated. companies must obtain a permit from the Article 13 of the previously mentioned Sex prefecture which will monitor these Industry Law is already being neglected. If companies. In the Teshima case, Kagawa this law were completely enforced, prefecture was the regulator. Kagawa was however, there would be huge confusions too accommodating to the industrial and large costs. waste companies and they gave tacit approval of the illegal dumping of a huge The second element is the intermediary amount of industrial waste. It took about organizations: industry organizations. As 10 years and a significant financial sum to previously mentioned, those who are clean up the illegal dump. regulated need to have an understanding towards the regulation but this is difficult These kinds of incidents could occur again, and could carry significant costs. If there is thus monitoring organizations and an industry organization, resources can be institutions which track the interaction concentrated in consultation with these between the regulators and the regulated organizations and costs can be reduced. are essential. Given the costs and These types of industry organizations also authority, the national government cannot conduct voluntary monitoring, and conduct such monitoring. The national monitor each other so that members do bureaucrats cannot monitor the not enjoy free riding. One example is the bureaucrats of the local authorities; which city of Kyoto, the former Japanese capital, is why I believe that the inhabitants, who that is trying to regulate landscape could become victims of environmental ordinance; the size, colours and place of degradation, or NGOs and mass media billboards and business’ signboards are who are sensitive to these issues need to

66 be empowered. In the Teshima case the It is also dependent on the understanding victims were the inhabitants, and they between the people of the regulated filed a lawsuit and conducted social parties and voluntary compliance. movements for over 10 years. The cleanup stared after Kagawa prefecture finally − In order for regulations to be success- admitted to the illegal dumping. The ful, it is desirable that an industry administration must disclose more organization exists; otherwise we information regarding cases such as these. would meet huge costs and the regulation will not be enforceable. In conclusion, allow me to summarise my presentation: − It is essential that there is an external party that monitors the interaction be- − The regulators try to implement the tween the regulators and the regulations but the ones that are being regulated; residents, NGOs and mass regulated need to understand the media need to be empowered. necessity of the regulation in order for the regulations to be effective. It is essential that laws, at the stage of enforcement, are looked at as an Legislations are proceeding in advanced interaction between society and we must capitalist countries and there are more consider the laws’ social validity. regulations; however, the regulation should not be understood as a unilateral Thank you very much. act of power by the regulators or by the national government or by the local government – it is a continued interaction between the regulators and the regulated.

Wednesday, September 15, 2010

SESSION 7 Obstacles in Health-related ODA and their Solutions: the Role of Parliamentarians

CHAIR: Hon. Dr. Donya Aziz MP, Pakistan

Curriculum Vitae:

Wednesday, September 15, 2010

SESSION 7 Obstacles in Health-related ODA and their Solutions: the Role of Parliamentarians

Dr. Kiyoshi Kurokawa Professor at the National Graduate Institute for Policy Studies (GRIPS)

Curriculum Vitae:

Dr. Kurokawa is a Professor at the National Graduate Institute for Policy Studies (GRIPS), Professor Emeritus of the University of Tokyo, and an Adjunct Senior Scientist of the Earth Institute at Columbia University.

After receiving a Doctor of Medicine (MD) from the University of Tokyo Faculty of Medicine, he followed clinical training in internal medicine and then in nephrology at the University of Tokyo Faculty of Medicine and then as a Research Associate in the Department of Medicine at the University of Pennsylvania School of Medicine, as well as other professorships at numerous national and international universities.

Dr. Kurokawa has served and serves as Executive Officer to many prestigious professional societies; including, among others, the Japanese Society of Internal Medicine, President- elect of the International Society of Internal Medicine, Member of the President’s Council of the New York Academy of Sciences, Member of the United Nations University (UNU) Honorary Advisory Committee (HAC), and Commissioner of the Commission for Social Determinants of Health at the World Health Organization (WHO).

Dr. Kurokawa is a leader and well-known in his professional community, both nationally and internationally. Because of his highly unique and unusual professional careers which span over 15 years each in both Japan and the United States, he has been a leader and advocate for many academic and professional activities in Japan. In 1999 he received the Order of Purple from the Government of Japan for Excellence in Academic Achievements.

Distinguished Ladies and Gentlemen, members; through this process we ac- quired and shared indigenous knowledge We humans came a long way from the through family stories, through communi- great valley of Kenya to a lake around ties, and through paper and script. 140,000 years ago, but let us go back 2000 years, when Jesus Christ was born. What By the year 1500 AD, around the time of sort of human population did we have on Leonardo Da Vinci’s “The Last Supper”, the planet earth? Two thousand years ago, the population had grown to an estimated 500 population was an estimated 2 to 3 hun- million. This means it took 1500 years for dred million people. As a species, the the world population to double. And along major goal was to reproduce – nothing the way, humans accumulated more else. We fought against starvation and dis- knowledge and ways in which to cope with eases, and cried over the loss of family symptoms of “diseases”. At the turn of the

20th century the population had reached and the United States where the life 1.6 billion; the figure had tripled over 400 expectancy at birth was between 40 to 45 years time. Now, the figure is 6.7 billion; years old. During the 1950s and 1960s in the population has increased 4-fold in 100 Japan and other countries, the average life years. We are living longer, the child expectancy reached 60 years old. It took mortality rate is dropping, we are fed almost 2000 years to gain an extra 15 reasonably well – particularly in affluent years of life expectancy; over the last 100 countries; however, life-style related years, we have gained another 40 years of diseases such as obesity, diabetes, life expectancy. At present, there are hypertension, etc. are becoming a major 40,000 people over the age of 100 in problem. You are not hungry, but you are Japan and it is expected that there will be eating. Why is that? Our genes are an additional 20,000 by the end of this generated to stay out of hunger, yet we year making the total number of eat a lot and claim that this is a disease? It centenarians 60,000. This is a great is a matter of lifestyle, and it has become a achievement, but it may not be health burden. compatible with the social security and pension plans, which creates another The explosion of the human population is challenge in affluent countries. one of our basic challenges. As we become more educated about issues such as In 2009, there was the Lehman Brothers contraception, and as we ensure that girls crash, ensuing economic and financial are becoming well-informed, the crisis, and economic downturn thus there conception and birth rates will drop was not much financial growth or rapidly to around 2.0. Japan and other insurance of pension plan maintenance. It more developed countries’ rates may drop was a major challenge in many affluent to as far as 1.2. Each decade since 1990 countries because the government spent a has seen a relative decrease in the lot of money to keep jobs and the population figure; however as a net economy up to standard. Solving the debt number the population is expected to increase was a major challenge, reach 9 billion by the year 2050. This is too particularly in Japan. much for our planet to bear given its limited resources; thus we need to be Everything has changed since 1990. Why smart because we need energy, food and 1990; why these past 20 years? Firstly, the water in order to live; and natural Cold War ended and the Soviet Union resources and space to live. That is the disappeared officially in 1991. The world challenge. became a global market economy; there was not any conflict between communism What about life expectancy; how many and socialism to the democratic market- years is a person expected to live, on driven economy, thus the market average? The Roman Empire was the most suddenly became much bigger. civilised era of human civilisation and the life expectancy was 25 years old. This At the same time, there were many means that only 1 in 5 children lived past people in affluent countries that were the age of 5. Major killers included beginning to use computers – desktops malnutrition, infectious diseases, smallpox and laptops. In 1991, the World Wide Web and tuberculosis. At the turn of the came in and within one decade everything century, 100 years ago, the most became very connected. Then the mobile advanced countries were the Great Britain phone was introduced; 70% of Africans

70 and 60% of Indians now carry a mobile form of chewing tablets so that each child phone. Everyone has become connected. could have access to it. It may not be physical and it has created a lot of paradigms. The world has become, MDG4 and MDG5 are child health and as author Thomas Friedman said, hot, flat, maternal health, respectively. These two and crowded; we have too many people. MDGs are key elements for making the And we live in an interconnected “one community more stable for the future world”. growth of the next generation of human resources. And MDG6 is to Combat In this interconnected world, we cannot “HIV/AIDS” under which also falls stay completely unaffected by conflicts in MDG6.C: combating tuberculosis and Afghanistan; we cannot stay completely malaria. out of poverty issues because in this interconnected world, national policies This has become a common agenda. We must deal with these issues. There are made the pledge at the United Nations to many people suffering in South Asia who reach these goals by 2015, but they are lack water, drinkable water, and lagging and their achievement is a major reasonable sanitation. Africa similarly challenge. Who will be held accountable, remains affected by the impacts of and to what extent is the Japanese public poverty. At the time of the Bandung aware of these issues? This is one of the Conference in 1955, the GDP per capita in challenges for legislators, who are elected Asian and African nations as a whole was by their constituents through voting. The the same. Asia then started to grow very majority of the public is concerned about fast, leaving Africa behind. Africa now, jobs and daily life, but when you are however, is starting to gain their elected as a legislator and parliamentarian, momentum and is expected to grow by you are not only concerned about you 5.6% next year. constituency but also the state of your nation and the state of other global This is what the state of the world is, thus nations. How do we overcome the far: market economy; connectivity; the challenge of crossing the gap from a end of the Cold War; hot, flat, and democratic society to one global world? crowded. One interconnected world. This is one reason why the United Nations set So, why ODA; why accountability and aid the UN Millennium Development Goals implementation? Because we have to (MDGs), creating a common agenda for all. become more aware. We live in one There are eight goals, and four of the eight interconnected world but whether the goals are related to health issues. general public is really aware through their daily life is very much in question, MDG1 is “End Poverty and Hunger”, which even in Japan. Look at Japan’s reality: in is related to nutrition. If there is the last four years, Japan has had five insufficient, say, trace metal for a Prime Ministers. But if you look at Japan newborn/child for the first two years of as the second largest global economy, up their lives, their learning ability will be until a few months ago – now China almost permanently inhibited. The Gates exceeded that, which is to be expected Foundation and other organizations have because the GDP is a major factor in the tried to implement policies and deliver number of the population – Japan’s GDP necessary amounts of trace metal in the per capita remains flat. Over the past 20 years, since the burst of the “bubble

71 economy”, the GDP per capita of Japan countries. The nature of these two has gone down quite rapidly. The media mechanisms tends to be very bureaucratic. must also report the facts correctly; First, the budget has to be made available Japan’s GDP per capita has fallen rapidly to your country, meaning you have to deal over the last two years, not the GDP. with multiple stakeholders to secure the budget, and then negotiate with recipient We want to close the gap between the countries and international organizations. “those who have” and the “have nots”. The implementation process has to be What kinds of programmes are there? very transparent, but some countries may There are several new mechanisms which not be transparent. have emerged over the last few decades; for example, the standard ODA Donating the money to the World Bank, programmes and the decision-making IMF, WHO, UN and other agencies is processes that are used within the G8. At another very bureaucratic process. When the 2000 Kyushu Okinawa G8 Summit, the programme and policies are delivered global health was put on the agenda; and to recipient countries, there is another Japan also proposed to create the Global government body with another Fund to fight HIV/AIDS, Tuberculosis and bureaucratic process to deliver the service. Malaria. The subsequent year, at the 2001 This, by its very nature, is slow and may Genoa G8 Summit hosted by Prime not be reaching the recipient, depending Minister Silvio Berlusconi, the Global Fund on the governance of each nation. There was also unanimously decided upon and should also be more communication funds were dedicated to it. The Global between countries – among donor and Fund was gaining strength. Around the recipient countries, alike – regarding the same time, the Bill and Melinda Gates destination of funds. Recipient countries Foundation and American foreign aid will find they are receiving a lot of money programmes also participated in this for one specific area and projects become initiative. Suddenly, HIV/AIDS was duplicated. There has been a substantial receiving wider coverage and the number amount of criticism recently on the lack of of patients able to access antiretroviral coordinated ODA programmes. therapy (ART) had risen to almost three million. The total number of HIV/AIDS- Now that the world has become flat, you category patients was expected to rise to can actually see the suffering as a result of 40 million last year, but now the factual global poverty issues. Tourism has also number remains around 34 million – it is spread now that it is easier to travel to gradually lowering, which is good. different countries – and to see the real suffering of human beings. I have travelled Another ODA programme is bilateral aid, extensively with the World Health like government-to-government. Different Organization (WHO), and have been able governments provide different policies, to see the real world. Witnessing the depending on the values of political suffering, first-hand, captures your heart leadership and legislators. The other way and you emotionally realise how fortunate is multilateral aid, meaning ODA you are to live in a reasonably wealthy programmes from the World Bank, IMF, country. WHO, UN and other agencies. These multilaterals act as funding mechanisms Many NGO activities have emerged over through affluent countries into the last two decades, the majority of development and underdeveloped which have been established and led by

72 women; more than half of NGOs in the US thinking beyond philanthropic CSR. For have been founded by women. NGOs go example, one of the most famous with the top-down governmental aid Japanese products is the bed net – the programmes, to the bottom-up with most effective preventative measure passionate and committed people. The against malaria infection. It is being ownership of NGOs can be an issue but produced by a Tanzanian company who then again, Oxfam and other organizations have established three factories in are trying to work with the government Tanzania, creating over 6000 jobs. The bed for effective implementation. The other net is one of the most ethical and high- new movement within this is the tech but low-cost products. It was started establishment of foundations such as by Sumitomo Chemical Companies. This those of Gates, Rockefeller and Soros. business model is not donation; this They have their own money and good model is not profit over cost, so it is business sense. They have a cost-efficient licensed out. The product is produced at way of implementing certain policies and US$5 a piece, it lasts 5 years, and it is have become important catalysts for washable. At the UN two years ago, achieving their common goals. Still, Sumitomo pledged to have 150 million however, governmental ODA plays a very bed nets delivered to those most in need large role because they are one of the by 2012. major forces for the funding of social infrastructure. Seventy-five percent of When malaria issues are discussed at large global health projects are funded global meetings these days, such as the bilaterally and through the government; World Economic Forum, bed nets are 20% are through foundations such as always mentioned – even by Bill Gates. Gates, etc. When Bill Gates mentioned the bed net at the World Economic Forum in February, Another new appearance is the new idea he related it back to Sumitomo Chemical of “Public-Private Partnerships”. One Company’s CSR. I told Sumitomo how example is the Global Alliance for Vaccines lucky they are to have such a noteworthy and Immunisation (GAVI), founded in the figure like Bill Gates publicly endorsing year 2000. They negotiate with them in front of business and political governments, foundations and the private leaders of the world. sector – pharmaceutical companies – to acquire cheaper vaccines so that it Takeda Chemical Companies, a becomes more affordable and within the pharmaceutical, has decided to donate context of ODA. GAVI also created another one million dollars a year for ten years to creative financial mechanism supported the Global Fund. It was a struggle to con- by seven countries’ sovereign vince the executives to agree to the funds/government bonds, which is also proposal but the CEO, Hasegawa-san, was sold in Japan too through “Daiwa Shoken keen to be involved when he found out (Security)”. This means that individual more about the Global Fund. Those at the citizens can buy this bond to support Global Fund liaise with heads of govern- GAVI; if you do not trust the government, ments and corporate leaders, and will you can buy this bond directly. always say there are two large companies contributing to the Global Fund: Chevron Another important partner player is the and Takeda Chemical Company. One mil- private sector and their “Corporate Social lion dollars for, not only CSR, but also such Responsibility”, CSR but I am pushing for

73 valuable branding and publicity is a strategic investment. In this interconnected world, not only do we need to educate but we also need to The last, but not least, new movement I export future leaders of the younger would like to emphasise is that many of generation into environments where they the world’s leading universities are intro- begin to see the kinds of opportunities ducing programmes for undergraduate there are; what kind of opportunities they students to go abroad and observe what is have to pursue a career that is completely happening in “needy” countries. Unless different from the old paradigm. I met you spend time there, it is difficult to get a with the president of Harvard University, sense of-, see and understand. The stu- Dr. Drew Gilpin Faust – the first female dents are able to see how low-tech things president of the university – and came to can change so much. Is it really necessary learn that wherever she travels, she tries to have high-tech, high-energy things to to speak at high schools for girls to inspire make reasonably clean drinking water? No. them to get involved with the world. Some students become so inspired by their experiences that they decide that the I met another young man from Kabul, development field is what they want to go Afghanistan, who received a scholarship to into. They go to business school as a tool study medicine at Yale University. He to achieve their own goals and learn the returns to Kabul during each break and bottom-up approach. voluntarily teaches science. This type of voluntary movement of the youth is an An MIT student from India was trying to important element to support future find replacement energy source for leaders and future nations. kerosene, because kerosene has toxic fumes. He was able to design a solar- Thank you. charged battery that could be produced in China and sold for US$1. He created a small business plan and this small company was able to deliver an innovative product.

Wednesday, September 15, 2010

SESSION 8 International Organizations’ Standards for Integrity and Accountability

CHAIR: Hon. Ledia Amaliah Hanifa MP, Indonesia

Curriculum Vitae:

Hon. Ledia Hanifa Amaliah is a Member of the Indonesian House of Representatives for the 2009-2014 term, a Member of the Indonesian Forum of Parliamentarians on Population and Development, and the Head of the Public Relations Division of the Parliamentarian Women Caucus of Republic of Indonesia.

Hon. Amaliah holds a Master’s in Social Intervention from the Faculty of Psychology of the University of Indonesia.

Wednesday, September 15, 2010

SESSION 8 International Organizations’ Standards for Integrity and Accountability

Ms. Junhui Wu Director of Global Partnerships and Trust Fund Operations at The World Bank

Curriculum Vitae:

Ms. Junhui Wu is the director of the Global Partnership and Trust Fund Operations (CFPTO) at the Vice Presidency of Concessional Finance and Global Partnerships of the World Bank. She is responsible for (i) the strategic direction and policy formation for all trust fund operations and global partnerships, (ii) providing guidance to Bank-wide implementation of the Trust Fund Management Framework, (iii) managing cross-sectoral and cross-regional programmatic trust funds, as well as the World Bank’s own Development Grant Facility (DGF), and (iv) donor relationship. From January 2007 to February 2009, Ms. Wu was the sector manager of the Transport, Energy and Mining Sector Unit under the East Asia and Pacific (EAP) Region Sustainable Development Department of the World Bank. Her responsibilities included formulation/implementation of regional and country Bank assistance strategies for infrastructure sector development, business development, and preparation and supervision of all transport and energy operations including IBRD/IDA lending, Global Environment Facility (GEF) and carbon financing as well as analytical work.

Ms. Wu joined the World Bank in 1996 and has since held various positions. From May 2003 to Jan 2007, she was the sector manager of the Energy and Mining Sector Unit of EAP. Before that, she was a Lead Power Engineer in the Africa Region. Ms. Wu has more than 25 years experience in the energy sector involving countries such as Canada, China, France, Indonesia, Laos, Mongolia, Nepal, Nigeria, Pacific Island countries, Philippines, Sudan, Tanzania, UK, USA, Vietnam, Zambia and Zimbabwe. Prior to the World Bank, she had worked for leading international consulting firms since 1990. From 1984 to1988, Ms. Wu managed the Renewable Energy Application Division of Zhejiang Energy Research Institute in China. Ms. Wu holds a Bachelor’s Degree from the Electrical Engineering Department of Zhejiang University and a Master’s Degree in Energy Economics and Policy from Paris University in France. ______

Distinguished Ladies and Gentlemen, Gas Development and Power Generation Project”, which is really yielding results It is an honour to share “Monitoring and and helps the country tremendously. In Evaluation at the World Bank” with you the Lao PDR I was also involved in a rural here. Before I start my presentation, I electrification project, which I will address would like to mention that I am happy to later on. And in Indonesia, we are now see countries being represented here using the Japan Social Development Fund today that I have been associated with in (JSDF) to support a PEKA project, PEKA the past. Just to give a few examples: in meaning “to care” and “to do good”. Tanzania, I was personally involved in the gas-to-electricity project “Songo Songo

A major source of financial and technical instance, we recruited and/or trained over assistance to developing countries is the three million teachers. We also built and World Bank Group which is comprised of rehabilitated over two million classrooms the International Bank for Reconstruction which will benefit over 105 million and Development (IBRD), the International children per year. Within the public sector Development Association (IDA), the and governance, we do results-based International Finance Corporation (IFC), budgeting and measurement in 12 Multilateral Investment Guarantee Agency countries. Also, in the health sector, we (MIGA). The Group contributed to a total provided more than 47 million people with commitment of US$58 billion in response access to basic health packages, nutrition, to the 2009 global financial crisis, which is and all population services. In addition, we nearly double our lending and other provided 2.5 million pregnant women with interventions. One of the areas that I antenatal care, and immunised 310 million oversee is the Trust Fund Management. children. The World Bank Managed Trust Funds has become an important part of the Bank’s To return to the electrification project in business, and the total trust fund the Lao PDR: around seven years ago, the disbursement in the fiscal year 2009 electrification rate was around 30% amounted to US6.9 billion. All funds are meaning that 70% of people did not have used to support development, support access to electricity. But thanks to the Lao poverty alleviation, in our member government, the Lao people and also countries. World Bank’s assistance, the electrification rate is now around 50%. I Regarding the evaluation architecture and have personally visited many remote areas, the institutional setup in the Bank, there is like in Vietnam, and have seen first-hand the philosophy called “change”. In the how happy people are when they receive 1990s, the focus was more on the number electricity. With that comes better of projects being conducted and lending knowledge of market access, improved amounts. Over the last 10 years, however, sales of their products, and their income the focus has been more on measuring, level increases. This is a similar story in monitoring, and managing for results. This Zambia. With government ownership, means strengthening the results citizens of the countries’ involvement, and orientation internally and working with the World Bank’s assistance, we can really the development partners on harmonising, help to achieve results. monitoring and reporting, and evaluation requirements. There is also an overarching What is the results chain when we refer to evaluation framework that has been it; how do we use it? We start at the developed to ensure systematic and strategic level, which the World Bank calls consistent measurements of results across the “Country Assistance Strategy” (CAS). World Bank operations – not a small task. We come to an agreement with the And how do we strengthen country countries on strategic priorities and then capacity, so that it ensures that the use the budget to align resources with countries themselves have the capacity to priorities. We ensure consistency of measure for results and ownership of a investment activity with strategy so that it results-based approach? is not supply-driven, and define clear and realistic objectives for each and every What do we mean by results? I will give project. Over the last five years just a few examples. In education, for particularly, we have really strengthened

77 the work on that and collect baseline data important because donor countries – and set the targets. including their parliamentarians – ask to see where and what the results are. For each project we have a specific section Especially when their own countries are on the baseline we call the Key facing domestic problems, they question Performance Indicators (KPIs); what we why they should finance abroad; everyone are going to achieve. Decision-makers wants to see results. then review indicator data and other factors to manage the results and if any How is the evaluation architecture done adjustments are needed, we do so during inside the World Bank? project implementation. Finally, we evaluate and create a “learning loop” to Projects reviewers look at the see lessons learned through preparation implementation status report, and the and implementation, and use those results implementation completion and results for future decisions. report. This means that for each project we have supervision missions on a semi- This is the model we use for managing for annual basis; after which, the task results; the results chain: manager completes the implementation status report, highlighting the issues and I would like to highlight the International updating the performance indicators. At Development Association (IDA) and the the country-level, once the CAS World Bank at work. IDA is a very completion report is finished there are important source of financing and we are programme retrospectives; policy and now at a stage called IDA16 replenishment, analytical review reports; sector and which focuses on IDA’s results framework. schematic reviews; and we have sector We have really mobilised resources on the strategy implementation updates that are ground to help poor countries. This also regularly reported to the development means that measurement is very committee on our Board.

Self Evaluation Independent Evaluation

Implementation Status Reports

Project Reviews Implementation - Validates self evaluation Completion and Results Reports - Verifies results - Provides independent assessment of Country Program CAS Completion relevance, efficacy and efficiency of Reviews Reports Bank operational activities and processes

Policy Reviews Policy and Analytic and Program Review Reports IEG report is submitted to the Bank’s Retrospectives Board of Executive Directors for information purposes

Sector and Sector Strategy Thematic Implementation Reviews Updates

World Bank Managed Trust Funds Evaluation by External Agencies • Grant Reporting and Grants < US$1 mil Monitoring (GRM) – Larger TF programs such as Japan Progress Report PHRD and JSDF, Post-conflict Fund, • Final GRM (at completion) Aceh MDTF Grants > $US1 mil • GRM • Implementation 9 Completion Reports

The last elements of the evaluation Evaluation is also done by external architecture are the World Bank Managed agencies, which are employed to look at Trust Funds. For grants smaller than US$1 the larger trust fund programmes such as million, we complete a Grant Reports and the Japan Policy and Human Resources Monitoring (GRM) – similar to a progress Development Fund (PHRD), the Japan report – and a final GRM after programme Social Development Fund (JSDF), the Post- completion. For grants over US$1 million, Conflict Fund, and the Aceh Multi-Donor we also have a GRM in addition to the in- Trust Fund (MDTF). depth implementation completion reports. What we are doing is making sure that To build countries’ capacity, we know that evaluation is there and being looked at only strengthening the World Bank’s systematically to figure out the issues, and internal monitoring and evaluation is not provide feedback to the new project adequate enough. It is important to design/new country assistance strategy. strengthen the capacity of each country This is what we call “self-evaluation” for because the most important issue is to the World Bank task managers and strengthen ownership by each country. management. There is also the We have the Statistical Results Facility, Independent Evaluation Group (IEG) which grants provided to upgrade countries’ reports, not to World Bank management, monitoring and evaluation systems and but to the Board; it ensures the skills; and the Capacity Scan for Managing accountability that IEG’s voice is Development Results (MfDR), which are independent so if there are any issues self-assessment tools for countries’ key with any of the World Bank Group entities, government stakeholders to identify gaps they can be reported. and actions to improve MfDR. We also established a platform, the Community of

Practice (CoPs), to allow the African, Asian 26,000 youth have received training, many and Latin American regions to exchange being linked directly to good paying jobs. information and learn lessons through a social media platform, using distance- A village self-help learning initiative has learning approaches, etc. In addition to been set up in Sri Lanka with help of the this, there is the African Community of Fund. It introduced and tested a direct Practice on Managing for Development funding mechanism for community-driven Results. development to reduce rural poverty. As a result, 147,000 households have benefited I also wish to use this opportunity to from savings and credit funds; 20,000 self- recognise Japan’s contributions; over the organized savings and production groups years, Japan has made a very generous have been set up; and 22,000 people have contribution to ODA. In particular, there benefitted from skills development has been a substantial increase in Japan’s activities. contribution to the Trust Funds in FY10 – its highest since FY04 – despite domestic Another example is that of Indonesia economic issues. The contributions go where JDSF financed the previously mainly to the Global Fund to Fight AIDS, mentioned PEKA programme. PEKA also Tuberculosis and Malaria (GFATM), JSDF, means that a woman without a husband is and PHRD. the head of the family; however, in their society, women may be the head of the I would also like to use this opportunity to family but they are still not given high highlight JSDF, which has a 10-year history social status, thus they have difficulties in of empowering the poor. This fund was accessing loans to credits, etc. To change established by the Government of Japan this, a programme to empower women and the World Bank in 2000 as an untied was started by JDSF in three provinces and mechanism for providing direct assistance has now expanded to 10. I was in to the poorest and most vulnerable groups Indonesia last year, when some women in eligible member countries of the World ran for- and won local elections; going Bank Group. from being of very low social status to standing up and winning an election is a In Vietnam, the Fund has been used for remarkable result. early childhood care and development. An initiative was piloted in 147 villages in In closing I would like to say that I have Vietnam’s three poorest provinces, which perhaps painted a very positive picture, resulted in the percentage of underweight but we are all also fully aware of the children under five years old declining challenges and opportunities in front of from 39% to 19%. Parental education us: data quality, lack of statistics, uneven sessions were also run by the community capacity, political will and ownership, which were attended by over 80,000 men managing donor expectations, time lag in and women. seeing results on the ground and the attribution issue, and that the resources Building local capacity for pro-poor used in Monitoring and Evaluation are development in Tamil Nadu has been the relatively small. All these points are focus of the Fund in India. A new way was compounded by global issues we are piloted to deliver basic services to the facing such as climate change, rural poor and was implemented in 2509 communicable diseases, etc. These villages in 15 districts. Through this, challenges are in front of us but at the

80 same time I think it can also provide great are there to make sure that scarce public opportunities. resources will really be used to help the country make advances in economic Focus on results can help prioritise, lead to development and the reduction of poverty. better use of scare resources and real progress on the ground. Parliamentarians Thank you very much.

Thursday, September 16, 2010

SESSION 9 Proposal for ODA Expansion from the Viewpoint of Japanese Parliamentarians

CHAIR: Hon. Shri Shantaram Laxman Naik MP, India

Curriculum Vitae

Hon. Shantaram Laxman Naik is a Member of Parliament in the Upper House of India and belongs to the Indian National Congress, which heads the ruling coalition government in India.

Thursday, September 16, 2010

SESSION 9 Proposal for ODA Expansion from the Viewpoint of Japanese Parliamentarians

Hon. Aiko Shimajiri MP, Japan Member of the Foreign Affairs and Defence Committee of the House of Councillors Director of the Japan Parliamentarians Federation for Population (JPFP)

Curriculum Vitae:

Hon. Aiko Shimajiri is a Member of the House of Councilors and a Member of its Foreign Affairs and Defence Committee, as well a Director of the Japan Parliamentarians Federation for Population.

After graduating from high school in the United States, she attained a degree from the Department of Journalism of Sophia University in Tokyo, following which she joined Sheason Lehman, now known as Lehman Brothers.

Hon. Aiko Shimajiri was elected as a city council member of Naha city in 2004, and to the House of Councillors for the first time in 2007.

Distinguished Ladies and Gentlemen, cobalt sea. It is around 1000 kilometres from north to south, and is comprised of It is an honour for me to be invited to 160 large and small islands. speak at this session – thank you very much. Japan now faces a low birth rate and aging society. Okinawa’s TFR, however, is the Today I wish to speak about Official Devel- highest in Japan at 1.79 and in Taramason opment Assistance (ODA) proposals and (on Okinawa) it stands at 3.14. This is expansion from Japanese parliamentari- extremely high in comparison to Tokyo’s ans’ point of view. First allow me to TFR of 0.98. Okinawa has an environment introduce myself: my name is Aiko Shima- where people can raise their children well; jiri and I am a Director for the Japan we still have a community where there is a Parliamentarians Federation for Popula- helping spirit among people, of which we tion (JPFP), and a parliamentarian, are very proud. member of the House of Councillors from Okinawa. Okinawa is a two hour flight Why am I a member of JPFP? The direct from Tokyo and is an island in a beautiful reason for joining JPFP was thanks to the,

83 now retired, Hon. Chieko Nohno who was The Government of Japan also shares this very active in population issues. She asked perspective and approaches this with the me to join her on a trip to Ethiopia where basic ODA policy of “human security”. The we visited a fistula hospital, and I Japanese government truly understands witnessed young people driven to give the importance of the population issues; birth to new life in dire situations. I could however, Japan is facing an extremely low never have imagined that such things birth rate, aging society, and our fiscal could happen and was shocked that situation is deteriorating tremendously women had to suffer so much in our so- making it very difficult to maintain ODA called “civilised world”. Of course, we had spending. to think of ways to help this fistula hospital but, most importantly, we have to In 2009, the Democratic Party of Japan think of ways in which to ensure that (DPJ) came into power and funding women no longer have to come to this towards population issues was, most type of hospital. We need to approach this unfortunately, cut significantly. The main issue from a reproductive health factor of the cut was the deteriorating perspective and grass-rooted network, in fiscal situation, but also because it is alliance with global society. difficult to show our people the positive results of population-related aid to In 2009, APDA hosted a public seminar on developing nations. We should say, for “Population, Environment and Women” in example, “children are starving – we have Okinawa. At that time, a report had just to give them food”; or “we can prevent been released on the background of why infectious diseases by 30%”. This is an Japan entered the Second World War. easy way to appeal to the national Japan’s population started to increase sentiment. Of course, we have to give during the Meiji era, bringing poverty in food to the starving, but vaccines are also the rural areas. We can see how the important for saving lives. population changes as a result of conflict throughout world history. It is such a tragedy to see a population increase as a result of unwanted Mr. Jared Diamond wrote a book called pregnancies. Under such circumstances – Collapse; How Societies Choose to Fail or even if the children do survive – it is Succeed. There are many examples in his difficult for them to get out of the poverty books on population and social changes. cycle. In this sense, we can not take any Population issues affect our daily lives, fundamental measures in other and international conflicts and population-related issues, unless we solve environmental issues have an influence on the population issue of unwanted this in numerous ways. It is related, in a pregnancies. The important question is: microscopic way, to national security, thus how can we appeal to our nation’s people from this perspective we can say that we regarding this matter, and how do we cannot attain sustainable development make them understand? without solving population issues. Thanks to all the persistent efforts made by Asian countries and parliamentarians

84 participating in conferences such as these, tions, we now have parliamentarians’ population issues within Asian have groups in many countries to deal with improved dramatically. One example is population and development. By using Vietnam where the population increase these parliamentarians groups’ networks, rate has halved – an outstanding we can have direct access to best practices achievement. If we look at Asian from the developing countries’ local pro- population issues as a whole, we can see grammes to developed countries’ that other miraculous results can be parliamentarians. Providing such examples achieved. is very useful in order to gain consent from the people in the developed nations Today, 16 September 2010, a regarding population issues. commemorative reception will be held in Tokyo, in honour of the 2010 UN The Government of Japan’s Cabinet Office Population Award given to AFPPD in June recently released the results of the “Public 2010. The receipt of this award and the Opinion Poll on International Cooperation reception demonstrate that Asian on Global Health” on 29 July 2010. Asked parliamentarians’ activities have been about how ODA from Japan should be recognised globally. appropriated and to what sector, 73.1% of Japanese citizens who answered the Measures being taken for population survey responded that Japan should issues have borne results thanks to the appropriate more budget on healthcare tremendous efforts of the developing and public health aid; 68.2% of people countries, but are these results mentioned water and sanitation; 54.7% on communicated to the people? education. Population programmes are Unfortunately not. APDA and other indispensable in all of these three areas. related organizations have conducted The findings were that the Japanese firmly activities to raise awareness and to gain believe we should strengthen our efforts the understanding of the people. APDA’s in the population sector, even against the publication ODA Quarterly, for example, is background of tight fiscal situations. not only sent to JPFP members but to all Japanese parliamentarians. These days, Those who responded that efforts in the people are seeking not only detailed healthcare and public health sector should information but also more specific, vivid, not be hyped up believe that the donor and moving stories. country citizens are not informed of the specific aid contents. This survey In order to expand ODA in the future, we demonstrates that the awareness of the must gain the understanding of the people. aid issues formed through our discussions It is also important that parliamentarians has been correct. It is clear that we, involve themselves in programmes with parliamentarians, who are accountable to the viewpoint of the people. With the ef- our people, should promote networks forts of our predecessors, parliamentarian amongst ourselves; otherwise it is very federations have been formed in the Afri- difficult to convince our voters. We must can, American, Arab, Asian, European and show the public that aid is working Pacific regions. And under these federa- efficiently; the size of the assistance and

85 its outcomes should be shown to the compliance in order to deal with compli- voters. ance regulations. The flip side, however, is that laws and regulations have become so Occasionally we do hear of ODA resources complicated because people do not want becoming the cause of corruption. I social sanctions or penalties thus there is personally believe that most ODA is the constant search for legal loopholes. As utilised effectively by the experts in the mentioned by Professor Hideki Kashizawa, developed nations and the people in the people take for granted that they can do developing nations; however, there have as they please as long as it does not vio- unfortunately been some cases of ODA late the documented legislated law. resources used that lead to corruption in the developing nations. Even one such Regulations governing, such as example tarnishes the image of ODA and micromanagement of regulations by way damages the trusts of undertaking; all the of adding laws, do seem to be improving – fruit that was brought about thanks to but not always. Business execution peoples’ sincere efforts will be defamed. It becomes more costly by complicating law takes a long time and a lot of effort to enforcement. Moreover, only legal experts recover trust from the donor nations’ would be capable of understanding a way people. We should exercise utmost to circumvent the law by letting such caution that corruption will not happen in micromanagement of the law to happen. the course of dealing with ODA. The ruling DPJ vocally insists on politicians At the same time, what brings us hope is exercising leadership, but that is easier that we have learned from past said than done. It should go without experiences and so there seems to be saying that politicians take leadership in much less room for corruption to happen democratic society, regardless of party now. The present concern is that cost- affiliation. But that is very difficult; and effectiveness of aid is being diluted, now why is this? Under the current system, we that the auditing system – in order to have to push a political intent forward prevent corruption – has become overly under a legal system that has become complicated. The international bodies that extremely meticulous and complex in its are the main vehicles of aid provision are governing nature. Ironically, it is the sponsored by multiple donor nations and parliamentarians who passed such a there are numerous conditions and complex law that is seemingly inhibiting reporting obligations in order to be political leadership to happen. accountable for the funds that have been extended by multiple governments. Government officials that are responsible Among those conditions, some are for policy execution, execute their duties required for the sake of the system that within the scope of what the law dictates. exist – and are not even substantial or In other words, government officials do plausible. not have to be accountable as long as they are compliant. No matter how often their Japanese companies are now vocal in initiative fails, or no matter how many insisting on the strengthening of resources are lost due to failure, they do

86 not have to take responsibility as long as parliamentarians have to be accountable they abide by the law. for the outcomes. I would say that most officials are conscientious people – and I A concrete, yet embarrassing, example is really want to believe so; however, this the situation in Japan regarding the kind of trend went out of hand. Most incomplete pension premium record officials believe that they would not be which has developed into a serious social responsible for anything as long as they do issue. This issue is one of the reasons why not – and did not – violate the law, or as there was an advent of the new long as they are compliant; they are very administration in 2009. evasive in terms of their responsibility. As civil servants, do they not morally suffer In Japan, employers and employees share when they cause a major loss like this? In the same pension premium. After a any case, the law is provided by the certain amount of years of such shared parliamentarians and I believe payment practices, the employee is parliamentarians should legislate a law entitled to a monthly pension. Some which officials can be responsible for; but insincere employers, however, deceived this does not mean that formal rationality their employees and never paid the should be pursued based on legal experts’ premium or deposit to the Treasury. opinion in legislating laws. Additionally, when data was entered into the computer, some handwritten data was At Part One of this workshop in 2009, incorrectly registered. African and Asian parliamentarians pointed out that ODA assistance In retrospect, the government should have eventually goes back to the donor nations sent a payment certificate to annuitants, through consulting firms and developing but it was not done. This is why the countries continue to suffer from debt situation turned into an unimaginably after the process. Meticulous law serious issue. governing and the compliance issue have a lot to do with this situation. Consultants in As far as the politicians were concerned developed countries will be most useful in everything was legal and in order, but the order to clear the conditions requested by bureaucrats who provided the incomplete international agencies such as business data were never checked. No one has plans, reporting and accounting systems. taken responsibility for the fact that it was The fees for these consulting firms, never suggested that confirmation should however, will become enormously be sent. Now, who is to take the blame for expensive. Let us say, for example, that in this situation is but only the politicians order to execute US$100,000 worth of ourselves. This is one of the major business, if the indirect expenses are differences between officials, bureaucrats US$80,000, the voters in the developed and statesmen. Officials are responsible countries believe that, “yes, we gave for the execution of the administrative US$100,000” even though the developing system; thus, they do not have to be country only really received US$20,000. accountable for anything unless they This is happening far too frequently. Laws violate the law – statesmen or are supposed to protect people’s lives; it is

87 contradictory that compliance can be that enable the execution of what is right. interpreted by only the legal experts. To ensure transparency, cost-effectiveness and accountability, we should gather our Having previously worked in finance, I wisdom as to how this is possible by know that meticulous governing by law considering reasonable criteria. I believe does not always ensure transparency. that if parliamentarians are able to Micromanagement of the law does not address this issue by exercising ownership help and experts can easily hide of these issues, excellent governance will information in some void of a system to come into play and will provide a gain profit. As a result, the poor are left foundation on which we can join hands in behind and unable to exit the cycle of order to execute our initiatives. poverty. Revising laws to govern meticulously or micromanagement, as In order to expand ODA, parliamentarians, compliance continues to be strengthened, as legislators, should ensure transparency. will require enormous amount of money; I would like to work closely with you in therefore, cost effectiveness should be order to achieve good governance on the rigorously examined. outcome. Please join me in this initiative and in its thinking process. It is strange that laws exist that can only be interpreted by legal specialists. We are Thank you. parliamentarians and should legislate laws

Thursday, September 16, 2010

SESSION 10 Presentations of the Outcomes of the Break-away Discussions

At the beginning of Session 10, African and Asian delegates formed two separate groups to engage in discussion; one African, one Asian. Discussions were based on the proposed Plan of Action draft, some of which was a follow-up on the “Issues and Recommendations” that were put forth and adopted at the 2009 Workshop.

One representative of the African group and one representative of the Asian group then presented their discussion outcomes with proposed items to incorporate into the Plan of Action before unanimous adoption of the document.

Thursday, September 16, 2010

SESSION 10 Presentations of the Outcomes of the Break-away Discussions

On behalf of the African Delegation,

Hon. Lombani Msichili MP, Zambia

Curriculum Vitae:

Hon. Lombani Msichili was first elected to the Parliament of Zambia in 2006, and is the MP for the urban Kabushi Constituency.

He is an accountant by profession and a member of the Public Accounts Committee, as well as a member of the Zambia All Party Parliamentary Group on Population and Development (ZAPPD).

Distinguished Ladies and Gentlemen, included. Whilst many African countries are trying to ensure that we attain gender I shall begin with the paper that was equality, we find that some Asian and presented to us and start with the issues European countries are not as proactive in under “The facts are that we must”. We trying to achieve this; it is our sincere agree with point number one, which is hope that our colleagues will not lag “Share common goals of addressing behind on MDG3. population issues in accordance with the ICPD PoA in order to advance people’s Point number three is “Promote interna- welfare, protect their dignity, and achieve tional cooperation in order for each sustainable development”, although we country to do its utmost to address would like to add that this issue is population issues, which are fundamental different per region. There are various to solve imminent global issues”. We do differing issues within the different not have any additions or subtractions for regions; for example, poverty levels, this recommendation. diseases, cultures, economic statuses, and political will. All of this must be taken into We agree with the fourth point which is account as we arrive at the decision on “Promote the involvement of this first point. parliamentarians – the representatives of the population – in order to expand The second point reads, “Urgently international cooperation in the field of respond to the needs to attain MDG5 – population issues, since we cannot force which is aimed at improving maternal these issues on the population”. MPs, health but is lagging behind – before the therefore, need capacity building and a internationally-agreed 2015 deadline”. We special fund should be set up so that MPs totally agree with this point but think that have access to ensuring they participate in MDG3, which is “Promote gender equality their respective areas; most MPs are and empower women”, should also be incapacitated due to lack of funds. A fund

90 would help MPs to access, reach and ternal-external cooperation and achieve all the intended areas and goals. coordination for the implementation of ODA by improving transparency and ac- “Share good practices and achievements countability as appropriate for the people”. of ODA with developed countries in order This is correct but the first step we must for these countries to justify international take to do this is to create awareness cooperation to the population” is point among the MPs by conducting workshops. number five. We agree that the only way MPs should be given the opportunities to to achieve this goal is through visit- attend these workshops so that they are exchanges with MPs of both donor and able to understand the concepts; through recipient countries to learn about good this, it will be easier for them to formulate practices and achievements. criteria for measuring this process of the ODA-related programmes, while at the When we looked at point six, “Examine same time improving parliamentarian effectiveness, cost-performance and cost- capacity to take a proactive role in ODA efficiency of ODA projects and processes. It is best that donors are pre- demonstrate to donor countries”, we sent at these workshops so they can give decided that a proper mechanism should us the guidelines and information on all be put into place to access information the issues in which we are lacking. regarding the ODA projects in order to examine the effectiveness, the cost- We fully agree with points 2, 3, 4, 5, and 6. performance, and cost-efficiency. As we Coming to point seven, “Examine have been discussing, the problem is that effectiveness, cost-performance and cost- we lack information; issues are difficult to efficiency of ODA projects and demon- examine because we do not have strate to donor countries”, we believe that information. It is only once information is four years would be adequate to for a pro- available that we will be able to compare gramme, under the sub-clause. projects. On point eight, “Ensuring donor countries’ The seventh point is to “Strengthen commitment”, we have failed to come to a parliamentarians’ networking among conclusion. We believe the suggestion of national committees and regional fora, enforcing penalties if commitments are which will be a global networking tool for broken, such as no trade benefits from the population and development”. In addition donor country if projects are not to strengthening the network, we wish to completed, is beyond the capacity of emphasise that we want to establish an Members of Parliament. This needs to be Network on Population. Once we do this, handled at the government-level. we will be able to meet more often and will be able to address most of these Policies are in place for point nine: issues. “Ensure simple, but proper, standards for oversight – and adherence to them – We are in agreement with the other through ensuring that legislation includes”. points, though believe that points 9 and Now we need reinforcement to 10 have been addressed in points 1, 3, and strengthen these policies which we al- 5. ready have in place, in order to achieve the intended goals. Then we move on to the “Actions” in the document with, number one, “Improve in-

Going to the tenth point regarding strengthening anti-corruption efforts, the These are the recommendations from issue of corruption still exists even in our Africa for this Plan of Action. countries today. Though we want to strengthen the efforts, we find that it I thank you very much. normally takes two terms; thus sometimes when looking at the results of the Hon. Fredrick Outa MP (Kenya) evaluation, some of the projects being undertaken in our countries are by In addition, we would like to propose that contractors from donor countries. How do elements form the “Issues and we handle the corruption issue when most Recommendations” that were adopted at of the contractors come from the donor the 2009 workshop also be included in this countries? This is why we are insisting that year’s recommendations and priority of is- we show we are strengthening our policies, sues, so that they are implemented. our laws, and that the law is applicable to anyone – even to those donor contractors Thank you. who come and do shoddy work.

Thursday, September 16, 2010

SESSION 10 Presentations of the Outcomes of the Break-away Discussions

On behalf of the Asian Delegation,

Cong. Jesus Crispin Remulla MP, Philippines

Distinguished Ladies and Gentlemen, Points 10 and 7 have also been combined into: “Create channels and strengthen On behalf of the Asian delegation, I would networking among parliamentarians in like to say that we want to produce a order to attain national, regional and document that we can all agree upon global concerns that are common to all – together. especially on issues that are related to population, development and proper The preamble is something we believe to utilisation of ODA”. be correct and we would like to keep it as it is. But with reference to the second For us, the last point now summarises section, “The facts are that we must”, we what we have been discussing all along made it into more of a resolution form and that is “To ensure transparency in the and put “Whereas there is a need to”. We processes of planning, management, then turned the ten points of section two implementation and funding for ODA into seven points. projects and programmes”. There is a need to ensure transparency, so that we We agreed on points 1 through 4, and can all know and that information will be decided that 5 and 6 should be combined made available to all of us. into one statement that would encompass the subject with brevity of words. We said: The last section can be put into three basic “Examine effectiveness, cost-performance units of agreement. Instead of listing and cost-efficiency of ODA projects and “Actions”, we put “Wherefore, premises share good practices and achievements of considered, we commit ourselves to:” ODA with developed countries to justify international cooperation to the Number one, “Improve internal and population”. This is meant to address the external cooperation and coordination for issues raised by the Japanese the implementation of ODA by enhancing parliamentarians on the opening day, transparency and accountability, as when they mentioned that constituents appropriate for the people”. For this were questioning whether the ODA they purpose, we will consult with all are giving to the other countries is stakeholders to define appropriate criteria justifiable. This paragraph, therefore, has for measuring and evaluating ODA-related been added to make ODA justifiable to the programmes. people. Number two, “Effectively monitor transparency and accountability by: a)

93 creating appropriate laws and regulations clarity and accountability”. With this, from the point of cost-effectiveness and there is the inclusion of the improvement public understanding; and b) conduct of external cooperation and coordination; appropriate evaluation through close and then effectively monitoring transpar- discussion among parliamentarians of ency, accountability, and utilisation of donor and recipient countries”. legislative oversight.

The third point is to summarise everything We believe there is now a framework for and, bearing the power of legislative over- action that we can all agree upon, with sight in mind, “Utilise the power of precision through brevity of words. legislative oversight to ensure that all ODA projects and programmes are imple- Thank you. mented with the utmost transparency,

Thursday, September 16, 2010

SESSION 11 Discussion and Adoption of the Plan of Action

CHAIR: Hon. Jenista Joakim Mhagama MP, Tanzania

Curriculum Vitae:

Hon. Jenista Joakim Mhagama is the Chair of the Community Development Committee in the National Assembly of Tanzania, as well as the Presiding Officer of the Tanzanian National Assembly.

She is an international diploma holder in modern management and administration. ______

Under the Chairpersonship of Hon. Jenista Joakim Mhagama MP, Tanzania, various points of view were aired and debated to highlight the issues related to ODA accountability and transparency. The result of the session was the “Plan of Action”, which was unanimously adopted by the participants on 16 September 2010.

Thursday, September 16, 2010

CLOSING CEREMONY Closing Address Hon. Yasuo Fukuda Chair, The Asian Population and Development Association (APDA) Chair of the Japan Parliamentarians Federation for Population (JPFP)

Distinguished Ladies and Gentlemen, to share what you have discussed here with you fellow peers: from the Thank you for your hard work over the standpoint of your people, what kind of past four days. ODA is necessary, and what needs to be abided by in order to make the ODA The programme was organized in effective. I also ask you to discuss the response to the urgent recognition of necessary requirements to utilise ODA in issues such as what should be done to an effective manner with accountability expand and maximise the effectiveness and transparency, as well as appropriate of ODA, and what should be done to be auditing standards. accountable to our people. We have invited you here to deal with this difficult A reception will be held this evening, 16 issue to motivate action. You have been September 2010, to celebrate AFPPD’s very enthusiastic in this discussion; receipt of the 2010 UN Population Award. therefore, I would like to extend my This award has been given in recognition appreciation to you all for the great of parliamentarians’, such as yourselves, efforts you have put into this meeting. hard work for contribution to population and development issues. I, therefore, Auditing standards are a valid concern of welcome your presence at the reception. the citizens and I believe that what was discussed here is the very essence to With this I conclude the meeting and each and every country. When you thank you again. return to your countries, I would like you

Thursday, September 16, 2010

CLOSING CEREMONY Closing Address Hon. Prof. P.J. Kurien MP, India Vice-Chair of the Asian Forum of Parliamentarians on Population and Development (AFPPD) Chair of the Indian Association of Parliamentarians on Population and Development (IAPPD)

Distinguished Ladies and Gentlemen, greater accountability and transparency. The ODA agreements and programmes It is my privilege to say a few words for are agreed upon between one the conclusion of this workshop. I wish to government and another, while the thank APDA and its Chair for conducting bureaucrats mainly sign the agreements. and organizing this seminar in such a Bureaucrats are the ones who actually wonderful way. Hon. Fukuda has always implement the programmes; based upon been at the forefront of population and this, parliamentarians do not have a role development, and bringing this together at all. In fact, most of the MPs do not for implementing these programmes. I know what kind of ODA programmes also thank the Japan Parliamentarians there are. In the Action Plan we have, Federation for Population (JPFP) for therefore, included that all ODA hosting this seminar. I can say, without a programmes should be reflected and doubt, that we enjoyed this successful published on a website. seminar very much and am sure that the other delegates agree with me. Knowledge is most important; once knowledge is made more accessible, I This workshop is the second instalment of believe MPs will come forward to involve three; Part I was held in 2009, this is Part themselves in the implementation of ODA II, and plans are underway for Part III. projects. What is needed for this is the During these seminars we deliberate, ambition to do so. If they do not involve analyse, and expand on documents themselves in the implementation of the adopted at previous seminars. The project, then we should also ensure discussions have been very useful and people’s participation – from the early very informative, and I can assure the planning stage to the end of the Chair that we are sensitised and made implementation – because they are the more conscious of responsibilities in beneficiaries. ensuring accountability and transparency in ODA programmes. ODA projects and programmes should be supervised by MPs but that is not there I can assure the Chair that we will take now. The “supervision” is being done by the information to our countries and the bureaucrats; therefore, most of the certainly share what we have gained from ODA programmes do not achieve their our fellow MPs. We will do our utmost to physical targets. Bureaucrats are satisfied ensure that ODA programmes and by financial targets. They are occupied projects are better implemented with with saving money; thus a lot of

97 assistance has come in and been spent – the developing world. In my view, donor but what about the physical targets; are countries should not reduce the ODA. I they being achieved? This is what the MPs am aware of the economic constraints need to be able to find out and evaluate. but ODA should not be decreased; if anything, it should be increased. This conference is very useful and we will do our utmost to ensure that ODA Ultimately, the essence is good projects are implemented with governance without corruption and with accountability and full transparency. In the involvement of the people. The this connection, I would like to also say involvement of the people means that that I understand that there is a tendency MPs get involved in the preliminary by donor countries to reduce ODA. To my project and bring people together for the understanding, the ODA is in the interest project. If there is good governance and of the donor as equally as in the interest involvement of the people – without of the recipient. We are all, ultimately, corruption – every project will be striving for a better world where people successful, whether it is ODA or otherwise. can live with dignity without poverty. Poverty and population are I would like to conclude by reiterating the interconnected. success of this conference. My thanks also go to the Chair, Hon. Yasuo Fukuda, and If we want to address population then we the secretariat for their excellent conduct must first tackle poverty issues; a world of this seminar. without poverty is a world where everyone lives with dignity is in the Thank you very much, and I wish you all interest of the developed world and also the best.

“Parliamentarians’ Capacity Building Project on Accountability and Aid

Implementation for Population and Development Issues – Part II”

Plan of Action

16 September 2010 Tokyo, Japan

1. Preamble We, parliamentarians from 11 countries – as representatives of the Asian Forum of Parliamentarians on Population and Development (AFPPD) and the Forum of African and Arab Parliamentarians on Population and Development (FAAPPD) – attending the “Parliamentarians’ Capacity Building Project on Accountability and Aid Implementation for Population and Development Issues – Part II” seminar organized by the Asian Population and Development Association (APDA) and hosted by the Japan Parliamentarians Federation for Population (JPFP), in Tokyo, Japan, from 13-16 September 2010, adopt the following Plan of Action based on the “Identifying the Issues” and “Recommendations and Priority Issues” documents that were adopted at Part I of the Project.

2. Whereas, there is a need to: (1) Share common goals of addressing population issues in accordance with the ICPD PoA in order to advance people’s welfare, protect their dignity, and achieve sustainable development, considering special needs of the region in the light of the poverty levels, diseases, different cultures, and economic status. (2) Urgently respond to the needs to attain all MDGs, especially MDG3, MDG5 and MDG5b before the internationally-agreed 2015 deadline. (3) Promote international cooperation in order for each country to do its utmost to address population issues, which are fundamental to solve imminent global issues. (4) Promote the involvement of parliamentarians – the representatives of the people – and enhance their capacity in order to effectively fulfil their role in the population issues. (5) Ensure that all ODA-related information and projects should be made public (such as on government websites). (6) Examine effectiveness, cost-performance and cost-efficiency of ODA projects and share good practices and achievements of ODA with developed countries to justify international cooperation to their own population. (7) Create channels and strengthen networking among parliamentarians in order to put an end to national and regional concerns, and global concerns that are common to all; especially on issues related to population, development and the proper utilisation of ODA. (8) Ensure transparency in the process of planning, management, implementation, and funding of ODA projects and programmes.

3. Wherefore, premises considered, we commit ourselves to: (1) Improve internal-external cooperation and coordination for the implementation of ODA by enhancing transparency and accountability as appropriate for the people. For this purpose, we will consult with all stakeholders to define appropriate criteria for measuring and evaluating ODA-related programmes. (2) Effectively monitor transparency and accountability by: a) Creating appropriate laws and regulations from the point of cost- effectiveness and public understanding. b) Conduct appropriate evaluation through close discussion among the parliamentarians of donor and recipient countries. (3) Utilise the power of legislative oversight to ensure that all ODA projects and programmes are implemented with utmost transparency, clarity and accountability.

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LIST OF PARTICIPANTS

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