PARLIAMENTS IN CONFLICT

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• PARLIAMENTS IN CONFLICT POST-CONFLICT
  SITUATIONS
• Introduction for the
• UNDP/IPU Study Group Meeting
• 20-22 July 2005
• Randi Davis
• Parliamentary Development Advisor
• Bureau for Development Policy, UNDP

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UNDP and Governance

• Democratic Governance
• 45 of programme resources versus 22 for poverty
  and 16 for crisis prevention/recovery, etc.
• 132 out of 139 Country Offices (95)
• Parliamentary development
• 1996 5 projects 2005 51 projects
• Electoral systems and processes (40 projects)
• Democratic dialogue and constitutional reform (49
  projects)

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Why We Are Here

• ASSUMPTIONS
• Parliaments are critical to the long-term
  democratic development of a nation
• Legitimate, functioning parliaments serve as
  national, long-term conflict prevention
  mechanisms
• Current conflict prevention and recovery
  strategies do not sufficiently take the above
  into account

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Observations

• What comes after the election
• Hyped expectations
• Too little too late more than just government
• Imbalanced support to executive and civil society
• Insufficient consideration to long-term
  development needs of parliament or its role in
  peace-building and recovery undue focus on
  legislative responsibilities
• Peace negotiations/settlements lack sufficient
  consideration of long-term implications for
  development of parliamentary democracy
• Power sharing agreements such as awarding of
  seats to end conflict, adoption of bicameralism,
  political party laws, etc.
• National dialogue and reconciliation processes
  that bypass parliaments
• Creation of new institutions to deal with
  dialogue and reconciliation
• Parliaments not given space to discuss issues
  relating to conflict (e.g., Uganda)
• Taboo to discuss root causes of conflict (e.g.,
  Rwanda)

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Studies on Parliaments in Conflict/Post-conflic
t

• Document and learn from experiences, both
  positive and negative
• Identify, in a coherent manner, the roles
  parliaments can and should play in the context of
  conflict and post-conflict situations
• Document the obstacles preventing parliaments
  from playing these roles
• Generate recommendations and findings to guide
  local stakeholders and the international
  community so as to enhance parliaments roles in
  conflict prevention and recovery with a view to
  fostering enduring peace and democratic governance

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Case studies
Case studies
Case studies
Case studies
Case studies
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Scope of Case Studies

• Basic assumptions about democracy/participation
  and parliaments
• Conflict is natural and democracy is the peaceful
  management of conflict
• A legitimate, effective and functioning
  parliament ensures that naturally emerging
  conflict does not degenerate into conflict
• Wide definition of conflict to include social and
  economic conflict/crisis on a national scale
  that could potentially lead to violent conflict
• Recognition of the circular nature of conflict
  nevertheless, need to influence the conflict
  prevention and recovery community and furnish
  specific recommendations

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Objectives of This Meeting

• First opportunity to share learning across
  regions
• Generate recommendations and findings on two
  levels
• The role parliaments can play in conflict and
  post-conflict situations
• What external actors (e.g., donors, regional
  parliamentary forums, etc.) should do to
• Ensure that international conflict prevention and
  recovery efforts strengthen parliaments
  long-term role in democratic governance and do
  not undermine it
• Ensure that parliaments are supported to play an
  active role in conflict prevention, resolution
  and recovery
• Move beyond a discussion on power sharing
  arrangements, electoral design and constitutional
  reform to a broader range of issues

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Issues Prevention/Resolution

• Parliamentary engagement in conflict resolution
• Is parliament involved?
• Is such involvement individualized or
  institutionalized?
• Do external actors engage parliaments in their
  efforts?
• Regional or international parliamentary
  associations role in conflict prevention/resoluti
  on
• Parliaments law-making and budget oversight
  functions as a means to address causes of social
  tension or socio-economic exclusion
• Parliamentary tools of public hearings,
  investigations, etc. to address matters of
  national concern
• Parliamentarians and political parties as
  messengers of peace and resolution to what
  extent are they engaged?
• Electoral, political, and constitutional reforms
  what is parliaments role?

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Issues Negotiations Settlements

• Parliaments roles in negotiations and
  settlements
• Are they involved in decisions which shape them?
• As individuals or parliaments, institutionally?
• How does the international community involve
  them?
• Impact of settlement on long-term functioning of
  parliament
• Who decides sequencing of transitional processes
  (e.g., electoral law, constitutional commissions,
  elections, etc.)
• Appropriate role for legislative bodies during
  times of transitional leadership. Are they a
  vehicle for popular participation? Do they have
  oversight roles? Who takes the leadership, and
  under what conditions?

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Issues Post-conflict Recovery

• Parliaments roles in
• National reconciliation, transitional justice,
  truth seeking
• Ensuring independence of the judiciary
• Security sector oversight
• Enacting legislation to address recovery laws on
  refugee reintegration, land reform, inheritance,
  DDR, etc.
• Political party development and the rights and
  roles of opposition parties issue of immunities
  and freedom of speech
• Parliamentary capacity building is it
  sufficient and timely? Does it address the
  structural deficits (e.g., rules, immunities,
  etc.) Are confidence building and power sharing
  measures in place? (e.g., Mozambique)
• Parliaments role in pro-poor development? Does
  parliament have a say in international aid and
  debt matters?
• Parliament and civil society in competition or
  collaboration?
• Parliament as pressure valve a forum for
  politicizing conflict rather that permitting it
  to degenerate into violence