Robert Nakamura and John Johnson Center for Legislative Development University at Albany

Transcription

1 Making Parliament More Representative: How can parliaments in conflict-affected countries ensure meaningful participation and representation that integrates all community groups in order to avert societal frictions flaring into violent conflict? Robert Nakamura and John Johnson Center for Legislative Development University at Albany WBI/IDLO Ethiopian Workshop on The Role of Parliament in Conflict-Prevention December, 2006 Addis Ababa, Ethiopia

2 2 Parliaments and Representation Elected executives claim to represent the whole nation, MPs represent more specific constituencies Parliamentary policy making is usually more public and often more contentious than executive policy making While decisions almost always create winners and losers, a visible and accessible process perceived as legitimate is more likely to be accepted by the public

3 Overview 3 Parliaments are institutions that should represent national diversity Conflicts arise when groups fail to resolve their differences by other means Parliaments can contribute to peace by better representing differences and devising more effective means of achieving agreements acceptable to participant

4 4 Differences as Causes of Conflict Ethnic Differences Bangladesh: Non-Bengalis feared marginalization in a Bengali dominated government Sri Lanka: Tamils and majority Sinhalese of Sri Lanka. Religious Differences: Thailand and the Philippines: Islamic religio-cultural and economic differences define the minority views of the Malays in Buddhist Thailandand the Moros in the Catholic Philippines. Ideological Differences Ideological differences divide Cambodians Multiplicity of Differences The tribes of Afghanistan see themselves as so diverse that no central government can be trusted. Suppression of differences: The suppression of regional differences by past centralized governments in Indonesia contributed to the sense of exclusion that fueled the desire for alternative political arrangements by ideological and other insurgents. Uneven development: Emphasis on developing the center at the expense of the countryside had a similar divisive effect in Nepal

5 Conflict and The Failure to 5 Represent The most common source of conflict found in our (nine) case studies is the sense of insurgent groups that they and their vital interests have been left out of national policy making and implementation. Nakamura and Johnson, Legal Frameworks, Elections and Assemblies in Post Conflict Situations: A Primer (UNDP, 2004)

6 Settlements based on better or more inclusive representative assemblies 6 Externally imposed treaties: Bosnia and Kosovo Negotiated settlements and treaties: Arusha Accords on Rwanda; Taiif Accords in Lebanon Post Conflict Constitutions and Elections: Iraq, Cambodia

7 7 The Mechanics of Representation Electoral laws and administration Voting Design of institutions Devices to represent groups Process requirements

8 Devices to Represent Differences based on Location 8 Bi-Cameralism India (religious differences) Liberia Federalism Yugoslavia Ethiopia Decentralization Uganda (ethnic)

9 9 Devices to Represent Groups Proportional Representation and Large Constituencies Iraq, Kosovo, Bosnia Reserved Seats Uganda, Colombia, Chile Party lists with quotas Bosnia

10 10 Process Agreements on internal organization of legislative offices Lebanon and groups Many Commonwealth public accounts committees Agreements on processes Super-majorities (state level tax laws) Concurrent majorities (US Senate holds )

11 Example 1 of Representational Fixes US 11 Lebanon and the Taiif Accords Dealing with a deeply divided society Electoral constituency (home villages) Cross confessional districts (designed) Informal and formal veto powers

12 12 Example 2 of Representational Fix Rwanda and the Arusha Accords The fear of minorities Multi Party power-sharing Institutional arrangement requiring creation of majorities from among fragmented groups Critical role of minority in coalition formation process

13 13 Representatives and Peace Making Negotiators (Lebanon) Facilitators (Uganda-Rwanda; Philippines) Ratifiers and Legitimaters (Sri Lanka) Elections as deciders (Nepal)

14 14 Other Roles Elections as referenda (US) Members speaking out/reaching out (Zimbabwe) Parliamentary oversight debate (Uganda) Use of the power of the purse

15 15 Opportunities? For reconciliation? For examining the conduct of war? For discussing alternatives?