Good Governance Workshops

Introduction

The Campaign for Good Governance's (CGG) first project was a workshop for parliamentarians held at the British Council Hall on April 11 and 13. Recognizing that some Sierra Leone MPs have generally not served in Parliament before, and that in 1991 constitution presents a whole new range of challenges, CGG organized a workshop with the primary objective of providing parliamentarians with an overview of the new system of government. The workshop provided information the constitution, the separation of powers, the workings of Parliament, the committee structure, rules of order, etc. But most importantly, it provided an opportunity for MPs to raise a variety of critical issues, and to discuss these among themselves, and with a panel of experts. Many problems were raised, but potential solutions were also advanced. Mrs. Zainab Bangura presented the opening address, and the workshop was moderated by Dr. Julius Spencer. The first speaker was Lord Tordoff of the British House of Lords, who spoke on "Good Governance and Democracy". He was followed by former U.S. Congressman Howard Wolpe, speaking on "The Presidential System and the Separation of Powers". During the two-day workshop, there were presentations by distinguished Sierra Leonean lawyers and parliamentary experts, including Mr. Garvas Betts, Mrs. Roderick Gilpin-Jackson, Mr. Albert Metzger, and Mr. Jospeh Carpenter, the Clerk of Parliament. The workshop was attended by sixty Members of Parliament and by seventy other participants, including nominated cabinet ministers, representatives of various embassies, international agencies, local NGOs and members of the press. High points of the workshop were the discussions that took place after each speaker's presentation. Not only did MPs and other participants express their views, but interesting contributions were made by a panel of experts consisting of Lord Tordoff, Mr. Wolpe, Justice Kutubu (the Speaker of Parliament) and Mr. Matturi (former Sierra Leone Ambassador to the U.S.). At one point, a dramatisation by professional actors illustrating the conflicting demands made on MPs also helped to spark a lively debate.

Results of the Workshop

Although the range of discussion was quite broad, six subjects, in particular, were consistently addressed by the participants: Participants identified problems associated with all these subjects, and advanced a variety of possible solutions.

Representation

Many MPs expressed concern about Decree 16 under which the proportional representation system replaced constituency elections as provide for by the 1991 Constitution. However necessary this may have been under wartime conditions. MPs asked how they are to relate to constituents when the "whole country" is their constituency. They were also concerned about how they could ensure that the concerns of citizens are reflected in parliamentary decisions. The following were suggested as possible solutions:

1. The South African solution. Elections took place under a proportional representation system, but, after the elections, Parliament assigned each MP to a particular constituency.

2. Mobile hearings. Parliamentary committees could move around the country holding public hearings on issues before Parliament, perhaps, in each of the district headquarters.

3. The Ombudsman. It was pointed out that the 1991 constitution made provision for an ombudsman's office to be set up with powers to investigate citizens' complaints of corruption or malfeasance concerning any officer of government or institution of higher learning, and to report its findings to Parliament. It is up to Parliament to pass the necessary legislation creating the ombudsman.

The Role of MPs

Many MPs expressed concern about the key role given party affiliation in the 1991 Constitution. It was noted that under Section 77, an MP can be removed from office for consistently voting for a party other than his, or her, party. While some argued that MPs have an obligation to vote with their party, others feared being forced to choose between party loyalty, on the one hand, and belief in what is best for the country on the other. The following suggestions were made:

1. Section 77 should be amended. Several MPs advocated this, although there was no general agreement.

2. Political parties should be more democratic. It was generally agreed that all parties need to be democratic in their internal decision-making. This will ensure that party decisions reflect the views of its members.

Much concern was expressed over the popular perception of MPs as direct providers of resources for their constituents, a situation stemming from the political excesses of the past. This puts MPs under considerable strain. The following were generally agreed upon as possible solutions.:

1. Increased civic education. This will help alleviate the problem by getting people to understand parliamentarians' role and limitations. However, it is just as important for MPs to begin viewing themselves differently, as servants of the people rather than their masters.

2. District Councils should be reestablished. It was generally agreed that this is an important first step in reducing the pressure on parliamentarians, as through decentralisation of power, District Councils will be empowered to deal with local needs.

3. A well thought out National Development Plan. It was also generally agreed that this would be a prerequisite for empowerment of the people.

4. Adequate Remuneration for parliamentarians. This was regarded as essential for commitment and to help cushion them from the pressure which will inevitably be placed on them by family, friends and acquaintances. It was noted that fixing remuneration was Parliament's responsibility.

The Separation of Powers

The speakers emphasized the importance of the separation of powers in the 1991 constitution. Unlike earlier constitutions in Sierra Leone which had been based on the British model, this one is more like the American, providing checks and balances among the Executive, Parliament, and Judiciary. The speakers emphasized that while Parliament must act as a check on the Executive, it must also work in harmony with it, if the machinery of government is to run smoothly. Several MPs expressed concern about the practical workings of the new system. One asked how a minister can govern effectively without sitting in Parliament. Mr. Betts explained that under the 1991 constitution, ministers can introduce bills and take part in debate, but cannot vote. He also emphasized that individual MPs can introduce legislation. The following were suggested as means of ensuring that parliament fulfills its functions as defined in the constitution:

1. Question Time. This operates in the British Parliament where twice a week the prime minister has to answer questions posed by parliamentarians and ministers can be asked four questions per day. Additional written questions directed to the ministers must be answered within two weeks. Some form of question time could be introduced in Parliament in Sierra Leone.

2. Regular meetings between Parliament and cabinet. This will ensure that there is cooperation between the two arms of government, since "separation of powers" does not mean isolationism.

3. Summoning ministers. Parliament and its committees have the power to summon ministers or any public official at any time. It was emphasized that one of the principal functions of Parliament is to "control the purse strings". Ministers therefore have an obligation to provide Parliament with an explanation of their actions and expenditure.

4. Facilities for bill drafting. If MPs are to be in a position to effectively introduce ills, it would be necessary to have bill drafting facilities within the Parliament itself.

5. Revision of the standing orders. This was thought to be essential because as they stand, they are suitable for a parliamentary rather than presidential system.

The Committee System

The speakers emphasized that the real work of Parliament is in the committees, which must be as strong and well structured as possible. It was noted that the constitution provides for seven Standing committees, but makes provision for as many ad-hoc committees as Parliament may deem fit. The question of efficiency and effectiveness of the committees was discussed and the following suggestions made:

1. Limiting number of committees members can sit on. It was noted that Members of the U.S. Congress sit on no more than two committees and five subcommittees so as not to be spread too thin. Parliament needs to determine its own limits.

2. Specialization. MPs need to specialise in particular types of legislative business. Thus, it may be good to appoint individuals to a committee who have some prior background or interest in the committee's area of work. It was also emphasised that allocation to committees should be based purely on competence.

Resourcing

All the speakers emphasized that the priority for Parliament to function is the provision of greater resources for Parliament, including library materials, staff, support services, professional training, office space, etc.

1. Core staff. It was pointed out that the Namibian Parliament dealt with the problem of inadequate support staff by creating a small non-partisan, well trained core staff serving all the MPs. The present staff attached to the office of the Clerk of Parliament needs to be expanded and adequately trained.

2. Improve Parliament's infrastructure. It was generally agreed that every effort should be made to improve Parliament's infrastructure and resource base.

The Need for Trust

All the speakers emphasized the need for trust within the new government. This includes trust between the Parliament and the Executive, trust among MPs of various parties, and, most important of all, trust between the government and the people. It was noted that it is not enough for government to be honest, it must also be seen to be honest. Lord Tordoff reminded MPs that "the power of the people put you there." "Being an MP" he said, "doesn't make you an important person". "You must work at it. You're there to do a job on behalf of your people." The following were suggested as ways through which Parliament can rebuild trust in the public for the in institution.

1. Open public hearings. This will ensure that the public is fully aware of what is going on in Parliament, so they will know that Parliament is working in their interest.

2. Inviting citizens to testify. This will ensure that citizens have the opportunity to air their views at parliamentary hearings.

3. Tolerance of the press. It was emphasised that MPs need to be tolerant of the press and protect press freedom even if, on occasion, it goes to extremes or behaves irresponsibly. The press should be allowed to regulate itself, but should be encouraged to develop a code of conduct which would be binding on all practitioners. A Press Complaints commission was suggested as a possible means of protecting members of the public against the abuse of press freedom.

The Drafting of Legislation

In addition to the subjects outlined above, participants also looked at the problem of drafting legislation. Mr. Metzger, an expert on the topic, spoke at some length. He warned MPs that legislative drafting is a technical subject, and, given the long neglect of Parliament, there is urgent need for certain actions to put the legislative house in order. Mr. Metzger's proposals are worthy of separate mention. He suggests that:

• Individual ministries begin developing expertise in their respective areas of legislation.

• Ministries make more use of outside specialists.

• The Attorney General's office obtain computers for its legislative drafting department.

• All the laws passed since independence be consolidated for ease of reference.

• Legislation be compiled and published on an annual basis.

• A code for legal drafting be established.

• Each bill be required to contain a statement of primary intention to facilitate judicial review.

• The Library of Parliament obtain a complete collection of all the laws of Sierra Leone.

The Way Forward

At the end of the workshop, Lord Tordoff suggested that Members of Parliament establish an informal liaison committee to work with the Campaign for Good Governance on a continuing basis. This matter was taken up in the general discussion that followed, and it was agreed that a committee be established, to liaise with a broad range of citizens' groups, and that it consists of members representing all the political parties and the chiefs in Parliament. CGG looks forward to working with Parliament in the years to come. We therefore hope that the liaison committee can be set up as soon as possible. There is currently a lot of interest in Sierra Leone within the international donor community which is likely to wane if not tapped quickly. CGG hopes to assist Parliament in obtaining the resources that are so desperately needed - library materials, support services, etc. However, we would need to work closely with the committee proposed in order to identify the specifics that are required. CGG will be offering more workshops in the coming months. Possible workshops are drafting legislation and constitutional review. CGG aims to help strengthen the institutional capacity of government to rule in the best interests of the people, and, with that goal in mind, we look forward to fruitful collaboration with the Government of Sierra Leone.