Pantone: 320 C C: 90 M: 0 Y: 30 K: 0 R: 0 G: 170 B: 190 Pantone: 3015 C C: 100 M: 45 Y: 5 K: 20 R: 0 G: 95 B: 154 Pantone: Cool Gray 9 C C: 3 M: 0 Y: 0 K: 65 R: 121 G: 122 B: 123 Global Parliamentary Report 2017 Parliamentary oversight: Parliament’s power to hold government to account Download full report at www.ipu.org/oversight and www.undp.org/content/undp/en/home/library/ © Inter-Parliamentary Union and United Nations Development Programme, 2017 For personal and non-commercial use, all or parts of this publication may be reproduced on condition that copyright and source indications are also copied and no modifications are made. Please inform the Inter-Parliamentary Union and the United Nations Development Programme on the usage of the publication content. This publication results from the partnership between IPU and UNDP. The views expressed herein do not necessarily represent those of the United Nations, UNDP or IPU. Back cover: © Adobe Stock/EtiAmmos ISBN 978-92-9142-703-1 Layout: Simplecom Printed in France by Courand et Associés Contents Forewords 8 Introduction 10 Chapter 1: Parliamentary oversight 13 1.1 Defining parliamentary oversight 13 1.2 The impact of effective oversight 14 1.3 Connecting oversight with other core functions of parliament 16 1.4 Connecting oversight with overarching policy priorities 18 1.5 The politics of oversight 20 1.6 Challenges to oversight 24 1.7 Conclusions 27 Chapter 2: Making oversight effective 28 2.1 Oversight mandate and powers 28 2.2 Parliamentary capacity 31 2.3 Willing and committed participants 36 2.4 Creating a culture of oversight 38 2.5 Parliament’s own accountability 42 2.6 Conclusions 45 Chapter 3: Parliamentary oversight tools and processes 46 3.1 Opportunities for the opposition 46 3.2 Oversight in committee 46 3.3 Oversight in the plenary 57 3.4 Oversight of the budget 62 3.5 Conclusions 67 Chapter 4: Specific instances of oversight 68 4.1 The security sector 68 4.2 International human rights commitments 69 4.3 The SDGs and Agenda 2030 73 4.4 Conclusions 76 1 Chapter 5: The network of oversight relationships 77 5.1 Formal and informal approaches to oversight 77 5.2 External oversight institutions 78 5.3 Building relationships with other stakeholders 82 5.4 Parliamentary caucuses and other informal oversight approaches 87 5.5 Conclusions 90 Chapter 6: Oversight and the individual MP 91 6.1 Incentives to engage in oversight 91 6.2 Being taken seriously by the government 93 6.3 Developing public support 94 6.4 To the interested parliamentarian – why decide to act? 96 6.5 Conclusions 98 Conclusion, key findings and recommendations 99 Annexes 107 2 Boxes Box 1 Democracy without oversight? 16 Box 2 Stepping up – the central role of parliaments in the SDG process 18 Box 3 Parliamentary oversight in the transitional democracy of Tunisia 21 Box 4 Trust in democracy 23 Box 5 Building public trust in parliament in Serbia 24 Box 6 Parliamentary right to receive information in Finland 28 Box 7 Oversight capacity in the Republic of Moldova 32 Box 8 Capacity for gender analysis 34 Box 9 Opening the work of parliament to the population in Chile 35 Box 10 Cross-party action on climate change in Morocco 38 Box 11 Examples of parliamentary reform to strengthen oversight 39 Box 12 Developing a culture of oversight in Myanmar 39 Box 13 The South African Oversight and Accountability Model 42 Box 14 Questions for self-assessment of oversight capacity 42 Box 15 CSO action to increase parliamentary transparency and accountability in Argentina and Mexico 43 Box 16 A framework for assessing the impact of parliamentary scrutiny 44 Box 17 Monitoring the Law against Gender-based Violence in Spain 53 Box 18 The Kenyan Joint Parliamentary Select Committee on Matters Relating to the Independent Electoral and Boundaries Commission 55 Box 19 Committees on Government Assurances in Ghana and India 56 Box 20 Oral Question Time in the Legislative Assembly of Tonga 59 Box 21 Questions and interpellations in Jordan and Kuwait 60 Box 22 Parliamentary oversight over the budget in South Africa 63 Box 23 Factors in the effectiveness of Public Accounts Committees 65 Box 24 Data integrity 66 Box 25 Gender-impact analysis in the draft budget in Sweden 67 Box 26 Security sector governance 68 Box 27 The Norwegian Parliamentary Intelligence Oversight Committee 68 Box 28 Boundaries in reporting on security and intelligence in the United Kingdom 69 Box 29 The nine core human rights treaty-based bodies 70 Box 30 The Mexican Congreso de la Unión’s engagement in the UPR process 71 3 Box 31 Mainstreaming the SDGs in the parliament of Fiji 74 Box 32 Lessons learned from parliamentary engagement with the MDGs 74 Box 33 Questions for assessing parliamentary involvement with the SDGs 75 Box 34 SDG targets directly relating to the institution of parliament 75 Box 35 Examples of parliamentary engagement with the SDGs 76 Box 36 Formal and informal interactions within the network of oversight actors 77 Box 37 Cooperation between parliament and supreme audit institutions in Portuguese- speaking countries 79 Box 38 The reporting relationship between parliaments and NHRIs 80 Box 39 Cooperation between NHRI and parliament in the Republic of Korea and Costa Rica 81 Box 40 Using cross-party pressure to further sustainable energy policy in Bangladesh 88 Box 41 Five perspectives for assessing government performance 91 Box 42 Core principles of parliamentary oversight 99 4 Figures Figure 1. Violations of the human rights of MPs – 2016 25 Figure 2. MPs’ perceptions of challenges to oversight 26 Figure 3. MPs’ perceptions of government engagement with parliamentary oversight 27 Figure 4. Sources of mandate for parliamentary oversight 28 Figure 5. MPs’ perceptions of constitutional or legal powers for oversight 28 Figure 6. MPs’ perceptions of resources for oversight 31 Figure 7. Control over the parliamentary budget 32 Figure 8. Control over the recruitment of parliamentary staff 32 Figure 9. Annual reports to parliaments 34 Figure 10. Information and research services provided by parliament 34 Figure 11. “Oversight is the responsibility of all MPs” 36 Figure 12. “Oversight is mainly carried out by members of the opposition” 36 Figure 13. Parliamentary monitoring of oversight performance 42 Figure 14. Who determines the committee chair? 47 Figure 15. Committees chaired by women 49 Figure 16. Who determines the committee members? 49 Figure 17. Who participates in committee hearings? 52 Figure 18. Does parliament have a system for tracking committee recommendations and commitments? 54 Figure 19. Number of written questions in 2015 59 Figure 20. Number of written questions submitted in 2015, regional sample of parliaments 59 Figure 21. Number of written questions submitted in 2015, 10 highest 60 Figure 22. Is there a deadline for government to respond to written questions? 60 Figure 23. Opportunities for parliament to engage in budgetary oversight 63 Figure 24. Does parliament have a system for monitoring compliance with the following international obligations? 70 Figure 25. The role of parliament in SDG 3: Promoting healthy lives 73 Figure 26. Parliamentary engagement with supreme audit institutions 78 Figure 27. Number of reports received from supreme audit institutions in 2015 79 Figure 28. Parliamentary engagement with national human rights institutions 80 Figure 29. Parliamentary engagement with ombudspersons 81 Figure 30. Seeking the views of civil society organizations 84 5 6 Tips for MPs Tips for MPs: Mainstreaming gender equality in oversight activities 19 Tips for MPs: Participating in committees 51 Tips for MPs: Committee hearings 52 Tips for MPs: Reporting committee findings 55 Tips for MPs: Debates 57 Tips for MPs: Questions 61 Tips for MPs: Oversight of the budget 62 Tips for MPs: Monitoring international human rights norms and standards 72 Tips for MPs: Engaging citizens 84 Tips for MPs: Using social media for oversight 86 Tips for MPs: Cross-party women’s caucuses 89 7 Forewords Inter-Parliamentary Union Parliamentary oversight is one of the three core functions of parliaments. It is how parliaments hold government to account on behalf of the people. It is a vital part of the system of checks and balances that ensures that no-one is able to wield absolute power in a democracy. This second Global Parliamentary Report, jointly published by IPU and UNDP, offers in-depth research and analysis on the current state of parliamentary oversight and ways to strengthen it in a time where democracy as a mode of government, and parliament as a key institution thereof, are being called into question. It is the latest in a body of IPU work that contributes to setting international standards for democratic parliaments. Over 150 parliaments contributed to this edition, affirming the importance that they accord to their oversight function. Oversight can be challenging in practice, as the report shows. Political factors, access to information, human and financial resources and MPs’ diverse incentives all combine to produce an environment that is more or less favourable to oversight and accountability. Yet, as illustrated by numerous examples throughout the report, parliaments and individual MPs are taking up the challenge. They increasingly recognize that oversight is important for achieving personal goals as well as collective benefits for society. The report makes a series of recommendations to parliaments and individual MPs for strengthening parliamentary oversight, which are equally relevant to political parties in government and in opposition as well as civil society organizations. I call upon all stakeholders to study the report’s recommendations carefully and to take the actions that are necessary in their context.