INTEGRITY MECHANISMS, ACCOUNTABILITY TO THE ELECTORATE

Presented by Marvi Sirmed National Project Manager, SDPD (UNDPs Parliament support program)

For South Asians for Human Rights (SAHR) Conference

29th August 2012

PARLIAMENT
Highest representative body Must be accountable to people (Collectively / individually) Reflective of public and social concerns Must ensure its institutional accountability Must be transparent and open to concerns / complaints of the

electorate
Must respond to those concerns and complaints; device mechanisms for

same

PARLIAMENTS MANDATE
Constitution empowers the parliament for:
Legislation Oversight of the Executive Branch of the state Representation of the electorate

OVERSIGHT OF THE EXECUTIVE

Pakistan a Westminster model of democracy Westminster Model - Difficult to anchor in traditional / tribal cultures Colonial legacy makes the Executive stronger and prone to arbitrariness Constant struggle of power between Parliament and Executive Section of Executive is part of parliament Greater care in avoiding tyranny of majority & monopolies Difficult to ensure in a non-secular, class-based society Civil society / media vigilance is the key

ACCOUNTABILITY
Two aspects:
Holding government to account Accountability of parliament & its members to electorates

Dimensions:
Giving an account of their actions to a body to which theyre answerable Meet certain standards of performance and integrity in conduct of office (subject to

adjudication by a body having power to impose sanctions in case of serious failure to meet those standards)

Types:
Horizontal (regulatory / supervisory bodies comprising public representatives) Vertical (affected from below by public through range of mechanisms viz, elections,

complaint procedures, legal redress, civil society activism, etc)

OVERSIGHT MECHANISMS
# 1 2 3 4 5 6 7 8 9 Practices in Worlds Parliaments Committee system Questions Motions, Resolutions Public Accounts Committee Petitions Committee PMs Question Time Interpellations Public Hearings Role in Budget Cycle In Pakistan yes yes yes yes No (But all Committees can receive Petitions) No (informal) No No (but theres no bar) Yes (not in practice)

ACCOUNTABILITY MECHANISMS
Annual declaration of assets Check on pecuniary interest through representation of opposition benches in

committees

House Rules Committee All committees are empowered to receive petitions Annual Reports to be laid in House(s) Tenure Reports to be laid in House(s) Codes of Conduct Roll of attendance Speaker / Chair(MAN?) can disqualify upon transparent investigation of a complaint Election Commission can disqualify under election grievance redress mechanism

OTHER PRACTICES
Mid-term recall of parliamentarians (Uganda, British Columbia of

Canada) upon petition signed by 2/3rd voters of her/his constituency

Registers of interests Penalties for unreasonable absence for Parliamentary duties
Penalties: forfeiture of parliamentary privilege, publication of absence list, temporary

suspension, forfeiture of part of salary etc

ACCOUNTABILITY MODEL
Accountable to Parliament:
Government institutions Parliamentary bodies Public / Para-public bodies

Parliamentarians accountability
People / electorate Political party / leadership Interest groups Civil society Media

MAJOR OBSTACLES
Maintaining political party line Legislature acts as a rubber stamping adjunct of the Executive

(technocrat part thereof)

Committees function with inadequate research services Lack of cooperation on the part of government departments Access and travel to emote or distant constituencies is extremely

difficult
Media is controlled by commercial self-interest / state control MPs have no basic office facilities, no constituency offices to engage with

civil society / electorate

Communication system obsolete, insufficient