Watching the watchdog: Proposals on over sighting Parliaments in Africa

Transcription

1 Watching the watchdog: Proposals on over sighting Parliaments in Africa Accra Ghana, 1-6 November 2015 Rebecca A. Kadaga (MP) SPEAKER OF THE PARLIAMENT OF UGANDA This paper is scheduled for presentation during the 15 th Commonwealth Speakers and Presiding Officers Conference, Africa Region in the session on watching the watchdog: Proposals on over sighting Parliaments in Africa Mr. Chairman,

2 Excellencies, Fellow Speakers and Presiding officers from the Common wealth Africa Region, In any good governance system, the existence of oversight bodies that embody checks and balances is paramount for purposes of building transparency and accountability. For so long, Parliaments all over the world have always been considered the oversight bodies especially in lieu with Executive. However, like any other functioning organ of government, it s important that there should be obtainable and adoptable mechanisms of watching the watchdog that is Parliament. The African continent has been at cross roads of building democracy over the last decade. It is therefore ample time that concrete mechanisms of checks and balances between organs of government including Parliaments be built to entrench the progress we have made so far. This is also important in upholding the doctrine of separation of powers which is a cardinal principle for the rule of law. I would like to share the following proposals for over sighting Parliaments in Africa. a) Strengthening the Civil Society Organizations (CSOs) Civil Society Organizations are not only important partners of Parliaments in building democracy but also on the flipside, they are important oversight bodies of Parliament. They have the potential to act as a watchdog of Parliament on behalf of the citizenry. My proposal therefore is that CSOs in our countries should be strengthened to enhance their capacity to watch over Parliaments. Citizens voices in society and participation in politics connect 2

3 them to the people who represent the state the policymakers and politicians. In principle, poor people as citizens contribute to defining society s collective objectives, and they try to control public action to achieve those objectives. The Civil Society here refers to the entire range of organized groups and institutions that are independent of the state, voluntary, and at least to some extent selfreliant. This of course includes non-governmental organizations but also think tanks, universities, and social and religious groups. CSOs in Africa need more capacity to integrate and use technology to promote democracy, human rights and governance; utilize social media to support greater citizen participation and transparent political processes; and strengthen mutual accountability among CSOs, government institutions and citizens by creating real-time and direct interaction and organizing. b) The Leadership Code Parliaments require a code of conduct for Members to follow as leaders, breach of which can attract penalties. This is an effective micro way of overseeing Parliaments. In Uganda, we have a law in place that establishes the leadership code. The Leadership Code Act in Uganda provides for a minimum standard of behaviour and conduct for leaders; to require leaders to declare their incomes, assets and liabilities; to put in place an effective enforcement mechanism and to provide for other related matters. It is necessary for countries to adopt leadership codes where they don t exist yet; and strictly implement them where they are already in existence. This will 3

4 ensure that Members of Parliament conduct themselves in a more responsible manner as leaders. c) Building an independent and strengthened media The media is a strong tool that can be instrumental in carrying out oversight of Parliament. Independent media around the world have emerged as some of the most powerful forces in the struggle to change closed, repressive regimes into open and productive societies. It is the media that reports and relays parliamentary business to the public and as such is an important outlet of information about the on goings in Parliament. In nutshell, Independent media can contribute to the betterment of nations and societies. In order to do so, however, they must often undergo their own self-improvement process. It is imperative that the media be strengthened to enhance its capacity to act as a watchdog over Parliaments in Africa. I propose two aspects of strengthening; the first aspect lies in capacity building in styles of reporting, accuracy, balance, fairness, gathering information, writing clearly, separating commentary from reporting, and protecting sources. They should also receive guidance on how to tackle delicate issues such as ethnic conflict, women s rights, and HIV/AIDS. The second aspect of support for free media relates to media business development. To get away from government control, media outlets need to be able to earn their own way, pay decent salaries, and cover production costs 4

5 from newsprint to transmitters. In some poor countries, reporters are paid so little that some may accept to be compromised. d) Broadcasting Parliamentary proceedings This relates to media though it s a unique approach since some Parliaments on the African continent have created their own television stations to relay live proceedings to the public. That said though, I think the proposal to have live broadcast of parliamentary proceedings to the public can be pivotal in watching over the work of Parliaments. This puts the Members of Parliament public eye. It therefore puts enormous pressure on the individuals MPs to perform their mandates with the knowledge that they are being watched. I am happy that Parliaments in the East Africa Community member states have gone this direction of allowing live broadcast of parliamentary proceedings. I am also happy to note that the importance of providing more information on and increasing coverage of parliamentary activities was underscored at the Conference on Broadcasting of Parliamentary Business through Dedicated TV Channels and Public Broadcasting Systems, which was convened in Geneva on 19 October 2006 by the Inter-Parliamentary Union (IPU), the European Broadcasting Union (EBU) and the Association of Secretaries General of Parliaments (ASGP). I therefore propose that Parliaments on our continent do embrace live broadcast because it promotes political accountability. e) Strengthening the government ombudsman 5

6 The government ombudsman is a crucial cog in oversight of government organs including Parliament. In Uganda for instance, the Inspectorate of Government has the power to investigate the personal transactions of Members of Parliament, should there be suspicion of illicit behaviour. This goes a long way in controlling and regulating the personal behaviour of Parliamentarians. According to the IGG Act, the jurisdiction of the Inspectorate covers officers and leaders serving in the top government offices including Parliament. It s therefore prudent that the office of the ombudsman is strengthened to carry out its mandate. This can be carried out by supporting investigations of the Inspectorate but more importantly, the recommendations emerging from the findings of these investigations should be implemented. This therefore calls for the co-operation of the entire Justice, Law and Order Sector including the Courts of law and the Police. f) Holding of regular free and fair elections This is an obvious platform for watching over the watchdog. Regular free and fair elections ensure that Members of Parliament are kept on their toes for fear of losing the confidence of their constituencies. We should therefore encourage electoral reforms across the African continent, to promote free and fair elections. Electoral reform is an important issue to look at for a number of reasons. Electoral systems and reforms have become a hot topic with the emergence of new democracies in many parts of our continent. 6 In reality the electoral

7 system is important as it defines how the political system will function. It is a device to choose viable governments and give them legitimacy. It also aims to reflect the wishes of the voters as well as produce strong stable governments and elect qualified representatives. In Uganda, we have already taken this direction by passing the Constitution (amendment) Bill in August this year and the Presidential and Parliamentary Elections Amendment Bulls to ensure reforms that are required for the impending elections. g) Building Internal and external audit systems Audit systems are globally recognized as fundamental tools for oversight of public institutions like Parliaments. I wish therefore to propose that Parliaments on the African continent should build and strengthen both internal and external audit systems as watchdogs. Whereas we are aware that Parliaments retain certain discretionary powers which include self appropriation, internal audit helps in maintaining self regulation and accountability in the usage of funds. Auditing is a cornerstone of good public sector governance. By providing unbiased, objective assessments of whether public resources are managed responsibly and effectively to achieve intended results, auditors help public sector organizations achieve accountability and integrity, improve operations, and instill confidence among citizens and stakeholders. The public sector auditor s role supports the governance responsibilities of oversight, insight, and foresight. This kind of oversight addresses whether public sector entities are 7

8 doing what they are supposed to do; and serves to detect and deter public corruption. In Uganda, we do have the office of the Auditor General which is considered as an office of Parliament but which also audits the books of Parliament. I propose that internal and external audit systems in Africa be strengthened through being accorded organizational independence, formal mandate, unrestricted access, sufficient funding, competent leadership and objective staff so as to enable them watch over Parliamentary business better. h) Strengthening of Internal Parliamentary systems There is need to strengthen systems within our Parliaments in Africa. This includes a whole range of structures that include Committees, forums and the administration of Parliament. In Uganda, for instance, we have a law establishing the Administration of Parliament. This law provides for the Parliamentary Commission which is the administrative body of Parliament. Having these structures in place and strengthening existing ones can only enhance the capacity of our Parliaments to have self-regulation which will ultimately ensure transparent conduct of business. In this case, Parliamentary Committees especially the accountability committees are important in oversight of Parliament. 8

9 Parliament as an Institution is also called upon to appear before, in Uganda, the Public Accounts Committee to respond to queries by the Auditor General if any. i) The use of Parliamentary Scorecards In the long history of the nation-state, keeping those in leadership positions accountable to the country and its citizens has been one of the most obstinate problems of governance. It is widely agreed that effective and democratic government is impossible without transparency and accountability: without transparency, citizen participation is inherently less well informed and less effective; without accountability, those in positions of power can safely ignore the will of the people. It is important for voters to have objective and transparent information to help them assess the performance of MPs individually and of Parliament in general and a scorecard can plug this gap. It is important however that accuracy must be emphasized in the compilation of these score cards to ensure fairness on the part of MPs since this can lead to loss of elections. j) Conclusion Mr. Chairman, I wish to conclude by expressing my genuine gratitude for the opportunity to participate in this important session as well the opportunity to share my proposals on over sighting Parliaments in Africa. Thank you. 9