Failure to vote by some MPs did not stop the historic changes in parliament

MPs who did not vote  

Story by EMMAN OMARI
Publication Date: 3/20/2008  

At least 19 MPs failed to vote during the historic debate on the Constitutional Amendment Bill tabled in Parliament on Tuesday .

President Kibaki contributing to proceedings on the floor of the house on Tuesday. MPs unanimously voted in favour of the two bills creating the post of prime minister and entrenching a peace agreement in the constitution.

Most of those who failed to vote were from ODM. However, Sabatia MP Musalia Mudavadi defended them, saying there were various reasons why they did not vote. Some were time-barred and others were out of the country on official duties.

Earlier on Tuesday, there had been reports that some PNU and ODM-K MPs had planned to vote against the constitutional amendment on the grounds that it gave too much power to the proposed Prime Minister. However, no MP voted against the Bill which was supported by 200 MPs in the first stage and 197 in the second round.

The Tenth Parliament has 216 MPs, meaning that 19 did not vote in the final round. The two Bills, which included a constitutional amendment, paved the way for the formation of a grand coalition government.

Missed first vote

According to two lists presented to the Speaker of the National Assembly after voting, 16 MPs missed in the first vote where 200 MPs voted in favour of the Constitution of Kenya (Amendment) Bill which created the posts of Prime Minister and two deputies.

However, some of the MPs who failed to vote during the first round voted at the final stage where the Bill was passed with the support of 197 MPs.

No MPs opposed the Constitutional Amendment Bill or abstained from voting for it. This means that those who did not vote were absent.

The constitutional Bill, which President Kibaki signed into law later the same evening, created the PM’s post and entrenched the National Accord and Reconciliation Act in the Constitution.

The Reconciliation Act had earlier been passed by a simple majority on Tuesday evening. An ordinary Act of Parliament is not subjected to physical voting like a Constitutional Amendment Bill.

The Act provides for the sharing of power between the President and Prime Minister-designate Raila Odinga.

It also paved way for the President and Mr Odinga to name a new government, probably after the Easter holidays.

The two are expected to form a grand coalition that will bring together MPs from ODM, PNU, ODM-K and other parties in a power sharing agreement brokered by former UN secretary-general Kofi Annan.

On Tuesday evening, Aldai MP Sally Kosgei, for instance, voted at the final stage although she did not vote at the initial stage.

Seven MPs who failed to vote in the final round had voted in the first stage. They included Mr Martin Ogindo (ODM), Mr Ahmed Sugow (Kanu), Mr Calist Mwatela (ODM),  Mr Peter Kenneth (PNU), Mr Francis Nyammo (PNU), Mr Isaac Muoki (ODM-K) and Mr Harun Mwau of PICK.

Locked out

Mr Mudavadi said: “A number of them were locked out of the Chamber when the bar was drawn.” Usually, no MP is allowed into the Chamber once the bell summoning MPs  is rang and the bars are drawn by parliamentary orderlies.

The MPs who voted in the first round but kept away in the final may have been time barred. Mr Mudavadi said: “Their failure to vote does not mean that they had opposed the historic constitutional amendment that has saved the country from collapsing.”

An official at Parliament also confirmed that some MPs might have been barred after the quorum bell rang.

Eldoret East MP Margaret Kamar (ODM) and Mukurweini MP Kabando wa Kabando — who were among those who did not vote — are in Brussels, Belgium, attending a conference.

The Tuesday session — which was attended by President Kibaki — unanimously passed the two laws.

Published by Korir, API africanpress@getmail.no source.nation.ke

Watching the power sharing deal and Raila’s political future?

Power-sharing deal might ruin Raila’s future

If Prime Minister-designate, Mr Raila Odinga, does not play his political cards right, the grand coalition might finish him politically. That he succumbed to PNU demands that there be no snap election if one partner walks out of the coalition and that the President is the Head of State and Government, are things he must be careful with.

This happened although the United States Secretary of State, Dr Condoleeza Rice, had assured Kenyans that the power sharing would be ‘real’ and that the Prime Minister would have executive powers.

Raila admitted that the President be Head of State and Government. Many Kenyans expected ‘real’ power-sharing to place the President as the Head of State and Prime Minister head of Government.

The President has wielded too much powers and responsibilities and this has been the cause of most political problems the country has witnessed.

Justice minister, Ms Martha Karua, recently said she knew she was seen as a hardliner in the mediation talks but explained that she was defending and stating what her master had asked her to.

PNU hardliners and President Kibaki’s allies are saying ministries such as Justice and Constitutional Affairs, Foreign Affairs, Finance, Defence and Internal Security, which also cover Provincial Administration, cannot be surrendered.

The deal must address issues such as inequality in employment in the Civil Service and State corporations. It should also address past injustices.

Placing the Vice-President above prime minister was a mistake. But how could Ambassador Francis Muthaura have talked on such governance arrangements without the knowledge of the President? Raila must watch out.

The trashing of the 2002 memorandum of understanding between LDP and NAK, and the sacking of LDP ministers after the referendum were lessons to learn.

Kibaki’s sudden change of heart in the power-sharing agreement raised eyebrows and many thought it was a wise way of ending the talks while still thinking of a new scheme to scuttle ODM’s demands.

And with the utterances of Kibaki’s loyalists, time seems to be proving political observers right.

Ayoki Onyango,

via e-mail.

Published by API africanpress@getmail.no source.standard.ke

Puzzle over Cabinet posts

By Standard TeamThe final pieces of the power-sharing jigsaw started falling into place with the gazettement of the requisite law to create the Office of Prime Minister and two deputies.

But in the background of intense lobbying and behind-the-scenes manoeuvring by key players over the new Grand Coalition, two puzzles remained to be tackled: What ministries would go to PNU and which ones to newfound partner ODM; and who would be the new office holders.

Already, ODM leader Raila Odinga is the presumed Prime Minister but his two deputies remain unknown, though Mr Musalia Mudavadi is widely tipped to occupy one of them.

While ODM-Kenya leader Kalonzo Musyoka is the current Vice-President, a position he may continue to hold, the rest of the Cabinet positions — whose number is yet to be determined but is believed to be 34 — are up for grabs, following Parliament’s enactment of the power sharing deal on Tuesday.

On Wednesday, a special issue of the Kenya Gazette dated March 18 and which formally entrenches the PM power structure into the Constitution also made it clear that only Parliament can terminate the tenure of a sitting PM or that of his deputies.

On Wednesday, there was an expectant mood among Kenyans and the international community as they continued to keenly watch how President Kibaki and the Prime Minister-designate would reconstitute the new government.

It transpired that the new Cabinet could not be named on Wednesday, despite the lightning speed with which the Accord Bills sailed through Parliament on Tuesday after which they were promptly assented to and gazetted.

President Kibaki, who on Monday said he would name the new Cabinet in a few days, was in Uganda on official visit.

It is understood that he would not complete the task until after the Easter weekend — reportedly not later than Tuesday — leaving room for more lobbying, scheming and plotting by both sides of the political divide.

Raila, who held a morning meeting with his key lieutenants at Pentagon House, is understood to have finalised the list of 17 names from the party that the President is expected to incorporate into the Cabinet.Sources said the 17 slots were distributed based on regional representation and a delicate power balancing act. The party has MPs in all provinces except Central Province.

The proposed names were made available to The Standard but it was understood the final approval would be subject to a discussion between the two principals — President Kibaki and Raila.

PNU — which already has 17 ministers in a half-Cabinet that consists of allies ODM-K and Kanu — continued to soak in pressure from its MPs seeking to be included in Government, even as Assistant ministers.

Another vicious war was being played out between two opposing camps over the second Deputy Prime Minister position reserved for PNU. Kanu has been pushing for its chairman, Mr Uhuru Kenyatta, while Narc-Kenya has been lobbying for Justice minister, Ms Martha Karua.

Sources in Government indicated that Kibaki could reconstitute the Cabinet afresh rather than just adding the ODM’s list. This would mean a major reshuffle that would finely mix the ODM and PNU MPs in slots to be shared on a 50-50 basis. The same case would apply to assistant minister positions.

Lean governmentThis would also allow Kibaki to bring in more Cabinet ministers from ODM-K and Kanu, and possibly drop at least two ministers, according to a top PNU source who sought anonymity.

Sources said ODM, the party with majority members in Parliament, also appeared to favour such a scenario.

And following the drawing of the ODM list of 17, it is increasingly becoming clear that the Cabinet may have no fewer than 34 ministers.

On Wednesday, the civil society expressed displeasure at the expected “bloated government structure”.

The civil society, which is pushing for a lean Government, asked President Kibaki not to bow to pressure to reward individuals seeking Cabinet portfolio.

On Wednesday, Chief Mediator Oluyemi Adeniji said the eyes of the international community were riveted on the final steps of the power-sharing process.

Adeniji, who spoke at the Serena Hotel, said: “Kenyans should celebrate the passing of the crucial Bills. The process is almost complete but the announcement of the coalition government will be the clincher.”

ODM sources said the party line-up had Rift Valley Province staking a claim to five Cabinet slots, given its vast nature and the fact that it does not occupy any of the top two positions of the Prime Minister or their deputy. The province also delivered the largest single vote block for the party.

Nyanza is expected to have three slots, same as Western Province while the Coast and Eastern regions would get two slots apiece.

“Whereas it is not possible to please everybody, this is the only possible way to share out the positions. But we know there will be a lot of discontent that will have to be dealt with,” said the source.

ODM also have the position of Speaker of the National Assembly — held by Mr Kenneth Marende — and that of his deputy, occupied by Lagdera MP Farah Maalim.

On Wednesday, sources said a PNU list — in which slots are shared out between PNU, ODM-Kenya and Kanu — had also been finalised.

The sources said both President Kibaki and Vice-President Kalonzo Musyoka had already agreed on how they would share out their seats.

More lobbying in PNU was reported from the larger Meru districts whose MPs have written to President Kibaki asking for two more Cabinet slots.

The area already has a Cabinet post held by Energy minister Kiraitu Murungi.

Speaking to The Standard on Tuesday after a Parliamentary Group meeting of the government coalition, Kiraitu said the Meru bloc provided a large vote for the President.

“We are asking that our support be recognised by giving us three seats,’’ Kiraitu said.

Meanwhile, the search for a physical office for the Prime Minister was top on the Government agenda ahead of the naming of the new Cabinet.

ODM was said to have tabled a proposal on the location of the PM’s office, which would be considered alongside four other locations that include Harambee House, the Treasury Building and the Foreign Affairs Building.

Contacted by The Standard on Wednesday, ODM Secretary-General Prof Anyang’ Nyong’o, said he was not part of a team of eight said to be spearheading the search for the PM’s office location.

However, sources said that a team of ODM members, led by Chairman Henry Kosgey, and the PNU side led by, the Head of Public Service, Mr Francis Muthaura, were making progress.

— Stories by Martin Mutua, Ayub Savula and Joseph Murimi

  Published by API africanpress@getmail.no source.standard.ke

Kibaki approves bill on power sharing

President assents to power sharing bill

Written By:PPS   , Posted: Tue, Mar 18, 2008

President Mwai Kibaki Tuesday evening at Parliament buildings assented to the Constitution of Kenya (Amendment) Bill 2008.

The signing into law of the bill by the President will pave the way for the creation of the posts of Prime Minister and two Deputy Prime Ministers as required by the envisioned in the grand coalition.

The new laws are a key part of enacting a power-sharing deal between Kibaki, who leads the Party of National Unity (PNU) and Raila Odinga, leader of the Orange Democratic Movement (ODM).

The Constitution of Kenya (Amendment) Bill was first to be passed on Tuesday, by a unanimous 200-0 majority.

The amendment created the positions of a prime minister and two deputies in the cabinet.

The newly-created prime ministerial post has been designated for Odinga.

The next step was to pass a new law creating these posts in a new unity government, and set out the terms for power sharing in the cabinet.

The law says that the governing coalition between the PNU and the ODM can be dissolved should one of the partners withdraw.

Odinga’s party and Kibaki’s coalition will each name a deputy prime minister, while the cabinet will be split evenly between both sides to form a unity government.

The agreement between Kibaki and Odinga was reached after weeks of mediation led by Kofi Annan, the former UN secretary-general.

Both sides have agreed to set up a committee that will outline policies for the coalition government to be formed in the near future.

The bill also seeks to entrench the National Accord into the constitution among other requirements.

At the same time Kibaki pledged his full support for a comprehensive constitutional review that would lead to the attainment of a new constitution within one year.

President Kibaki expressed confidence that with the experience the country has gained on constitution making, legal experts could craft an all-inclusive document based on the inputs of Kenyans to capture the aspirations of wananchi.

“Putting in place a new constitution would form the basis for building a new Kenya and facilitate the country to join the new world,” said the president.

The President was making his contribution in parliament in support of a motion towards the passing of the Constitution of Kenya (Amendment) Bill 2008 that would create the position of a Prime Minister and passing of the National Accord and Reconciliation Bill.

The President at the same time cautioned the legislators and Kenyans in general against the distractions that have always slowed down the efforts of achieving a new constitution.

The President observed: “distractions must not be tolerated this time and demands for the creation committees to review the constitution in piecemeal must be avoided.”

Urging the legislators to spend any available time to lay ground for a new constitution, President Kibaki acknowledged that the same great minds that have been involved in demand for a new constitution for the past 10 years are still members of the tenth parliament.

The Head of the State further asked the legislators to remain focused on pertinent issues and reminded them to seize the newly found spirit of unity to address longstanding concerns that continue to afflict this country.

With regard to the youths, the president said that he harbours great concern for the young generation, which he termed as the future of the country.

He at the same praised Kenyans for their entrepreneurial skills and traveling widely thus contributing enormously to development in various parts on Africa and the entire world at large.

President Kibaki also urged Kenyans to abandon backward and retrogressive concepts citing the example of certain people claiming their ancestral lands in exclusion of other communities in the country.

“How can educated Kenyans champion eviction other people from lands they have lived for many years. Kenyans can and have settled and are doing well in all parts of the country. Abandon the concept that you have an ancestral land exclusive other communities,” said the president.

The President also exuded confidence that after going through the challenging political events early this year, the country would achieve an economic growth rate of 10 per cent in the near future.

In his contribution Prime Minister designate, Raila Odinga, said the country has an opportunity to undertake comprehensive reforms in all sectors to bequeath future generations a better Kenya.

He said MPs should continue to work towards reconciliation and support a drive to address key underlying issues.

 ”A time has come for us to hold a national ethnic conference where we will have representatives from all the 42 tribes in the country come together to discuss openly how we want to lead this country,” he said.

The Prime Minister designate thanked all friends of Kenya for intervening when the country was quarrelling and reiterated his commitment to witness the eradication of various deep-seated vices such as ethnicity, land reforms and denial of justice.

Published by Korir, API africanpress@getmail.no source.kbc.ke

A translation of Ruto’s letter from Kalenjin language?

From Lukas Toni

This thing has done many rounds online especially on mashada.com

This is the original version:
http://www.kalenjin.net/

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http://www.kalenjin.net/

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Here is the translated version:
Unfortunately, it is true that things have not been going very well. Arap Mibei has not managed the recent developments properly. I had advised him to ignore the International community and that we continue our protests on all fronts for as long as it took.

After agreeing with me and announcing that we shall continue fighting, I was shocked when he announced a ceasefire two days later! Arap Mibey is surrounded by cowards like Nyagah, Anyang’ Nyong’o, Wanyande and Gacoka. Add to this the two leading cowards in the country, Musalia and Balala.

They are the ones who wanted to take crumbs from Kibaki. These are the people against who I have to work against. Unfortunately, the only two people with some courage are the two women our sister Kosgey and Ngilu.

They are warriors. Sadly, the reality is now that Arap Mibei does not need our votes any more, he has chosen to smile with the enemy in exchange for a meaningless title of Prime Minister. I am told he is now busy mending fences with the Kikuyu enemy.

To add salt to the injury, he met with the Luo Council of Elders on who advised him that no matter what, he has to appoint Musalia as Deputy Prime Minister. I know that Arap Mibey is comfortable with this coward because in 2012 he will tell him to wait another ten years while Arap Mibey becomes President.

Our Options.
However, you must not despair. All is not lost. For now, we shall continue to work with Arap Mibey to enable us move forward. I have informed him that unless I am appointed Minister for Internal Security, then he will lose our entire support.

The Minister for Internal Security is the person who rules this country. It is a more powerful seat than Deputy Prime Minister. This seat is critical for Kalenjin survival. It will enble me to appoint our people to the police, GSU, Anti-stock Theft Unit and everywhere else in National Security, including C.I.D and N.S.I.S Within five years, we shall be the real power in this country even if I am not the President.

In addition, harassment of our heroes like Jackson Kibor who have liberated our land will become a thing of the past. I will have access to all the files of such cases.

You must understand that the future of our people depends on me getting this seat. Arap Mibey has said he will back me in this. He promised that he will tell Kibaki that if I am not appointed to this seat, he will declare publicly that he will pull out of the coalition. This will bring more pressure on Kibaki because Arap Mibey is able to call Kofi Annan and Kikwete who will push Kibaki to accept and save the coalition.

Rannenberger is not hostile to me and I am sure that together with EU, they will accuse Kibaki of failing to honour the agreement by hoarding the best Ministries.

However, if things are too calm during this stand-off, there will be no serious pressure on Kibaki even from the International community. That is where I will need the assistance of you tough warriors, God bless you. You must now be ready to move and strike very hard at the few Kikuyus wherever they can be found.

In addition, any other outsiders must also be attacked and the last few homes burned. Without this, resettlement will also become a reality and we shall lose everything for which we have fought so hard and that cost us so much. The Kikuyu will be brought back! We need chaos that will wake up the international community again, even bring Koffi Annan back!

Apart from our warriors who will receive their specific tasks, each and every one of us must give whatever support you can as usual, including feeding our warriors if they pass near you. Two events lately have made me believe that surely God is with us.

Firstly, Kapondi is regrouping his warriors and a major action will soon be launched. This is a big advantage to us because it will show that many Kenyans are unhappy with Kibaki who is refusing to give one seat to ODM. Secondly, when Mungiki ran through Nairobi streets recently, it alarmed many Kenyans, and also the donors.

They are openly saying that Mungiki have government support and so ODM should now take charge of Internal Security. In the coming days, you will see several articles in the newspapers, especially The Standard, supporting that ODM must get this Ministry.

I have done my part, and will continue to do so. I have no doubt you will do your part as well. Let anyone who tries to translate this document into English for our betrayal remember that the curse of our God will follow him and his generation of offspring for over a hundred years.

Published by API africanpress@getmail.no

Democratisation making very slow progress

From Carstein Michels,

Berlin,  19. March 2008: International comparisons indicate that East and Southern Africa are stagnating in their development. The German Bertelsmann Foundation Transformation Index, a comparative investigation of 125 transformation states published today in Berlin, has arrived at this evaluation. Although some countries have made significant strides on the road to democracy and a market economy, the vast majority are characterised by very little significant change.

The latest developments in four countries should be pointed out in the context of democratic development. In Namibia, the new president has managed to help the country achieve a place among the consolidating democracies through his less dogmatic and strongly dialogue-orientated treatment of minorities and the opposition. Uganda must still be considered a defective democracy, even though constitutional change and the lifting of restrictions on political parties represent a step in the right direction. Burundi is moving in the same direction, albeit at a lesser pace, having risen from the ranks of authoritarian post-conflict states through the promulgation of a new constitution and elections which were consequently broadly free and fair. Angola has also managed to improve its status, primarily through consolidation of its statehood, though the elections promised by the dos Santos government have failed to materialise.

The countries which have progressed furthest in their democratic development are Mauritius, South Africa and Botswana, with government systems which have also achieved good ratings in comparisons with all the 125 states investigated by the Transformation Index.  The majority of other countries exhibited serious deficiencies in part when it came to the areas of participation and systems distinguished by the rule of law. Distribution of power only exists on paper in many cases. In contrast to this, there is a generally high level of support for democratic values among the populations. In comparisons with West and Central Africa, a positive characteristic is that statehood problems in the east and south of the continent are relatively negligible, the exception here being Somalia.

The vast majority of states in the region are far removed from the realisation of a market economy flanked by functioning social political systems. Only Mauritius, South Africa and Botswana lie above the average when it comes to social economic development. The investigation also underlies the fact that, despite extensive remission of debts, the level of overall debt remains very high, and structural problems in national economies have by no means been overcome. A major weak point identified by the Transformation Index is widespread poverty and the inability of the majority of these countries to reduce this to any substantial degree. This diagnosis is accompanied by social security systems which are in many cases extremely poorly developed and frequently inadequate educational institutions.

The ten most successful transformation states in the Southern and East Africa region rated in the Transformation Index 2008:

Country Regional position       International position 
Mauritius       1       16     
South Africa    2       18     
Botswana        3       19     
Namibia 4       27     
Madagascar      5       45     
Uganda  6       47     
Zambia  7       58     
Kenya   8       61     
Tanzania        9       62     
Mozambique      10      67     

About the Transformation Index:

The Bertelsmann Foundation Transformation Index analyses and evaluates the quality of democracy, market economics and political management in 125 developing and transformation countries. Successes and setbacks are measured on the road to democracy, the rule of law and a market economy distinguished by social-political characteristics. Detailed national appraisals form the basis for an evaluation of development status and problems and the abilities of the political players involved to implement consistent and targeted reforms. The Bertelsmann Foundation Transformation Index is therefore the first international comparative index to measure the quality of government using unilaterally-compiled data and a comprehensive analysis of the political design performance in transformation processes. Further information is available at: www.bertelsmann-transformation-index.de.
About the Bertelsmann Foundation:

The German Bertelsmann Foundation is a non-profit foundation which is committed to the common good. It is involved in the fields of international understanding, education, economics, social affairs and health and promotes peaceful cooperation between cultures. The foundation was established in 1977 by the German media business leader Reinhard Mohn as a non-commercial institution and holds a majority of shares in Bertelsmann AG. The Bertelsmann Foundation operates independently from the company and German government institutions and is politically neutral.

Further information on the Bertelsmann Foundation is available in the internet at:

www.bertelsmann-stiftung.de

Contacts:

Project Manager Sabine Donner,
sabine.donner@bertelsmann.de
Tel.: ++49 - 5241 – 8181 501

Project Manager Dr. Hauke Hartmann,
hauke.hartmann@bertelsmann.de
Tel.: ++49 -  5241 – 8181 389

Published by Korir, API africanpress@getmail.no

South Africa: Sleeping giant has awoken but is yet to prove itself

The winds of change are blowing through the corridors of Parliament, or so it seems. Since some time last year, there have clearly been a few shifts within the African National Congress’s (ANC’s) parliamentary caucus.

This year, further structural change came in the form of a new chief whip, the younger, more energetic, Nathi Mthethwa. He replaced the rather lethargic Isaac Mogase, inauspiciously caught napping in his seat in the early days of his new job.

Since the arms deal, one could argue that Parliament has been virtually emasculated. The story of a public accounts committee torn asunder by party political pressure is a well-known one. MPs such as the ANC’s Andrew Feinstein, Gavin Woods, then of the IFP, and the Democratic Alliance’s Raenette Taljaard were all, in one way or another, casualties of the parliamentary investigation into the arms deal. Feinstein’s dramatic descent into the political wilderness for asking difficult questions about the arms deal was a warning to MPs who dared flex their muscles against the executive.

But those were very different political times, characterised by an unassailable executive. Post-Polokwane, the political landscape remains most fluid. Crucially, power has seeped away from the executive as the ANC grapples with the now stark differences between the party in government and Luthuli House. The fluidity continues to express itself in all areas of our public discourse and within our institutions generally. Parliament is no different in that respect. The ANC parliamentary caucus simply reflects the political fluidity of the moment. It is for this reason that MPs suddenly find themselves with the political space for manoeuvre and the ability to question the executive openly.

In the past week alone, we have seen Parliament take on several thorny issues. It has wrestled with the S A B C ’s report on the “black-listing” of certain analysts on its news broadcasts, it has hauled Health Minister Manto Tshabalala-Msimang to Parliament, has rapped home affairs director-general Mavuso Msimang over the knuckles (probably unfairly) and has taken Cricket SA to task on issues of transformation. And there are several other examples, from the public accounts committee’s dealing with the Land Bank and several other departments with qualified audits, to the correctional services committee, which in the person of its chairman, Dennis Bloem, has become more proactive.

So, how do we make sense of this sudden “reinvigoration” of Parliament? Some see the newfound robustness as a certain “democratic dividend of Polokwane”. For too long now, Parliament has been tired, mostly reactive and seldom proactive in raising debate or questioning the status quo. In addition, the so-called “Travelgate” saga did not assist Parliament in retaining public trust or improving its image as a “rubber stamp” for the executive in some quarters. Never before has the health minister, even during the height of the AIDS crisis, been called to account.

Indeed, as radio talk show host John Perlman pointed out last week, the ANC within Parliament has been rather late in calling for accountability within the public broadcaster on its “blacklisting” report. Where has Parliament been on these and other key issues over the past years? The examples of robust oversight have been there over the years, but they have been few and far between and far too dependent on personalities to drive the issues. So energetic and principled MPs such as Jeremy Cronin, Barbara Hogan, Kader Asmal, Ben Turok and others have often shown up their more complacent colleagues.

What is clear and probably predictable is that the ANC within Parliament is unable to separate itself from the political turmoil within the party. As the party list conference and next year’s elections loom, there will inevitably be tensions as party members fight to retain their positions on the party list. The question for the ANC within Parliament is how it is able to use the political space to ensure that oversight over the executive does not become a game of opportunistic brinkmanship, but really does become about holding the executive to account in a way which places public interest above that of the party.

This will mean that those MPs who are earnest in their attempt to reinvigorate Parliament as the articulator of the will of citizens and a true “People’s Parliament” will be in a position to use the political space creatively and constructively, as the constitution envisages. But Parliament is not only for the ANC, despite its overwhelming electoral majority. Opposition parties also have a vital role to play in ensuring that the executive is held to account. Inasmuch as space is opening for members of the ruling party, it creates new spaces for opposition MPs to extract concessions or work towards consensus, if that is appropriate.

It also provides an opportunity for the opposition to think more strategically about its role within Parliament.  Is the opposition merely a shrill, reactive force or is it seriously attempting to engage with the most difficult issues of the day? Whether the new sense of robustness within Parliament is a truly democratic dividend, only time will tell. There is a chance for this to be a precedent-setting political moment, one in which members of the executive are called to account in ways that entrench a culture of oversight and accountability, thereby enhancing Parliament as a pivotal national institution.

The true test for the ANC within Parliament will, of course, come after next year’s elections. With a new executive in place, will ANC MPs continue to hold the executive to account in so vociferous a manner? If it does, then South African citizens can truly say they have reaped the benefits of Polokwane.

*February is head of Idasa’s political information & monitoring service.

 

Published by Korir, API africanpress@getmail.no source.BusinessDay:SA

The Final Communiqué of the First Conference of Humanitarian Organizations in the OIC Member States

<From Mohamed Legally-Cole

The First Conference of Humanitarian Organization in the OIC Member States gathered in the resort of Sally Portudal in the Republic of Senegal from 7 to 9 March 2008. - Inspired by the provisions of the Ten-Year Programme of Action to meet the challenges facing the Islamic Ummah in the Twenty-First Century adopted by the Extraordinary Session of the Islamic Summit Conference held in Makkah Al Mukarramah, the Kingdom of Saudi Arabia, in Dhulqaadah 1426H (December 2005);

- In pursuance of the resolutions adopted by the 34th session of the Islamic Conference of Foreign Ministers, held from 28 to 30 Rabiul Thani 1428H (15-17 May 2007) in Islamabad, Islamic Republic of Pakistan;- Guided by the outcome of the Consultative Meeting Preparatory to the First Conference of Humanitarian Organizations in the OIC Member States, which was held in the City of Doha, Qatar, on 15-16 January 2008. -Upon the kind invitation of His Excellency Mr. Abdoulaye Wade, President of the Republic of Senegal; - And given the belief of charitable and humanitarian organizations in the importance of joint humanitarian action, of ensuring the conditions of its success and raising its standard through cooperation with the Organization of the Islamic Conference, makes the following recommendations:I. Recommendations of the Workshop on Capacity Building and Databases

1.         Call on government bodies to support the capacity building programmes of charitable and humanitarian organizations and to develop this sector so as to ensure the scientific professionalism required to contribute effectively to development efforts.2.         Root the concepts of humanitarian work in Islamic values and principles.3.         Establish within the OIC a centre for studies, information and training to be concerned with the work of organizations, disasters, crises and development needs in the Member States, it being understood that the States and humanitarian organizations will contribute to its establishment and provide it with information

4.         Work towards benefiting from the expertise and the efforts of international organizations in building the capacities of Islamic organizations and in developing databases.
 

II. Recommendations of the workshop on the national legislations on charitable and humanitarian action in the OIC Member States.

 1.         Observe within the framework of the national legislations and the establishment of oversight institutions a balance between the independence of charitable and humanitarian institutions and the criteria of control and oversight according to the best international practices.2.         Encourage consultation and particular participation with the charitable and humanitarian organizations in drawing up or developing national legislations.3.         Prepare formulations of legal models, rules and regulations for charitable and humanitarian work within the framework of the OIC to be used as a guide and inspiration by the Member States.

4.         Establish a committee in Member States’ parliaments and councils in charge of relations with humanitarian and charitable organizations in these States.

5.         Energize the role of Zakaat, Waqfs, financing and local donations in Member States to support charitable and humanitarian action and fill the legislative gaps therein.

6. Endeavor to adopt codes of conduct and a code of honor for humanitarian and charitable action in the Member States of the Organization of the Islamic Conference. 

III – Relations between Humanitarian Organizations and the Organization of the Islamic Conference
 

1.         Welcome the adoption of consultative status to regulate and advance the relationship between humanitarian organizations in the Member States and the OIC in pursuance of resolutions 1/34-ORG and 3/34-ORG adopted by the Islamic Conference of Foreign Ministers, calling upon Member States to support the Secretary-General’s efforts to that end.2.         Endeavor to develop the relationship between humanitarian organizations and the OIC in accordance with the best practices at the international level.3.         Stress the role of the OIC as a coordinator in emergency humanitarian situations, proceeding from the fact that this relation is one of coordination, cooperation and complementarity.

4.         Help provide information and technical assistance in the humanitarian and charitable field.

5.         Endeavor to create a relief fund to support humanitarian and charitable action in the Muslim world.

6.         Take advantage of the international early warning system to strengthen capacities in the areas of preparedness and response in the Muslim world.

7.         Organize humanitarian and charitable NGOs annual meeting ahead of the ICFM meetings.

8.         Establish a department within the General Secretariat of OIC mandated to oversee humanitarian issues and coordinate relations with the humanitarian and charitable NGOs in OIC member States to achieve the objectives enshrined in the OIC Ten-Year Programme of Action, in this regard.

9.         Establish a joint expert committee entrusted with developing the final proposals for organizing and regulating the legal relationship between the OIC and humanitarian organizations in the Member States for submission to the 35th session of the Islamic Conference of Foreign Ministers due to be held in Uganda.

10.       Improve the perception of humanitarian organizations and of their activities in order to counter any denigration campaigns against.

11.       Appoint goodwill Ambassadors from eminent Islamic personalities to encourage and coordinate partnership among humanitarian and charitable NGOs.

12.       Send a vote of thanks letter to Heads of OIC States through H.E. Maître Abdoulaye WADE, President of the Republic of Senegal.13.       Thank the Government and People of Senegal for the hospitality extended and reiterate its gratitude to OIC, the Qatar Authority for Charitable Activities and Action de Solidarité Islamique (ASI) for the excellent organization of the conference. 14.       The conference approved the proposal of the World Call Islamic Society of Libya to host the Second Conference of Islamic Humanitarian and Charitable NGOs in OIC Member States. OIC will ensure coordination in this regard.Sally Portudal, Senegal, on 9/3/2008 Published by API africanpress@getmail.no