23 June 2012

Prepared by Tim Layman, Legislative Sector Support (Version 4)

A Concept Paper
2012 SALSA Seminar The Role of Parliament and Provincial Legislatures in a Democratic Developmental State
2 5 October 2012 1. Introduction

Parliaments and parliamentarians have a critical role to play in spurring and sustaining national action toward development, and can be powerful agents of change. Parliamentary development is thus a particularly strategic entry point for programming, policy. Transformative legislatures, regarded as the rarest type of legislature, should be capable of both representing and shaping societal demands. They articulate diverse societal preferences and serve as an independent shaper of the policies that emerge. Typically, executive branches of government have an easier time shaping policies because they are hierarchically organized and by their nature represent a narrower, more professional set of concerns than legislatures do. Transformative legislatures should both represent and lead. To do so requires an internal structure capable of channelling conflict and reconciling differences, as well as information capacities up to the task of initiating and perfecting policies. These are the characteristics that the SA Legislative Sector should be striving for. Not surprisingly, there are not many examples of such legislatures, and those that do exist do not always live up to the requirements.

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Prepared by Tim Layman, Legislative Sector Support (Version 4)

Purpose and Objective of the Seminar

It is proposed that the 2012 SALSA Development Seminar interrogates the concept of a developmental state and the critical role that must be played by Parliament and Provincial Legislatures. The notion of the developmental state first referred to the phenomenon of stateled macroeconomic planning in Asia, where the state had autonomous political power as well as control over the economy. This process attracted attention as it emerged that the poor appeared to benefit more than other regions reporting similar economic growth. A later definition, the democratic developmental state, was introduced to include elements of democracy. This seminar aims to facilitate the debate on policy issues and the democratic developmental state, to support those who endeavour to influence the policy development process. Parliament and legislatures by its very nature have to deepen democratic development and transformation. Therefore the main aim of the seminar is to explore the necessary analytical depth and translate these concepts in a way that strengthens the capacity and technical skills of particularly parliamentary and legislative staff and promote institutional reform, among others. 3. Partnership with United Nations Development Programme (UNDP)

It is proposed that the South African Legislative Sector (SALS) starts working with relevant multi-national organisations that have successfully worked on developmental programmes that are relevant to its objectives. Through these and other partnerships, we can develop some of the leading relevant sources on parliamentary matters. Since the UNDP has vast expertise in the area of parliamentary development globally, it is suggested that SALSA through the LSS seeks to partner with the UNDP and also attract key international experts in addition to relevant local ones. This initiative will certainly raise the profile of the seminar to new heights. Parliamentary development is one of the fastest growing areas of (UNDP)s democratic governance practices. Inter-parliamentary networking drives UNDPs 2

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Prepared by Tim Layman, Legislative Sector Support (Version 4)

work in parliamentary development. UNDP aims to ensure that its parliamentary advice is comparative and tailored to the development and cultural context of the partner country. Parliamentary development is a solid and established pillar of UNDPs Democratic Governance Practice, with 51 UNDP country offices currently engaged in parliamentary development activities. The past few years have witnessed a steady evolution in the content of UNDPs parliamentary development portfolio. Initially it focused primarily on legislative processes and drafting, however, the portfolio is now far more diverse, including many programmes aimed at enhancing parliamentary oversight and representation. UNDP currently supports parliaments in 26 African countries. The majority of projects focus on strengthening the representative function of parliaments. A quarter focus on strengthening parliamentary oversight and accountability, and fifteen percent focus on enhancing the legislative function; matters of budgetary independence, government oversight, and broader democratic development issues. Through formal and informal arrangements with parliamentarians, parliamentary staff, and parliamentary associations, UNDP leverages high quality expertise to provide North-South and South-South development solutions. Key partners include the: Inter-Parliamentary Union (IPU), the Commonwealth Parliamentary Association (CPA), the Southern African Development Community Parliamentary Forum, the Association of Western Parliamentarians for Africa, the National Democratic Institute (NDI), the World Bank Institute, the French National Assembly and Senate, the Belgian Chamber of Representatives, the Parliamentary Centre of Canada, and many other parliamentary development practitioners and experts.

23 June 2012 4. Elements of Programme 4.1 Proposed Theme

Prepared by Tim Layman, Legislative Sector Support (Version 4)

The following major theme, followed by sub-themes is proposed:

The nature and role of a democratic developmental state with specific reference to the role of parliament and legislatures in democratic development; in tandem with

Good developmental governance and parliamentary strengthening in a democratic developmental state with particular reference to issues of policy, management and administration. 4.2 Proposed Sub-themes and Topics It is proposed that topics should be formulated within the scope of the following Sub-themes. However, topics are also invited under the major theme. Sub-themes: 4.2.1 (Constitutional reform) and support for institutional frameworks to ensure that parliaments have sufficient power and independence to contribute to democratic development. 4.2.2 Administrative and institutional reform, which includes areas such as reform of the parliamentary professional service and the internal rules of parliamentary procedure; e.g. staff training, and activities to strengthen research services and the parliamentary and legislature libraries. Institutions need to be geared to develop and optimise research capacity, and also the planning, monitoring and evaluation framework. 4

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Prepared by Tim Layman, Legislative Sector Support (Version 4) 4.2.3 Cooperative Legislative Governance/Inter-legislative Governmental Relations: Strengthening linkages between the National Parliament; Provincial Legislatures and Local Government. In some countries this has resulted in the creation of a new analytical and information unit within the national parliament and the empowerment of Regional/Provincial Legislatures and local government to impact the budgetary process at the Provincial/Regional and Local Level. 4.2.4 Benchmarking and Self-Assessment for Democratic Legislatures Analyses of good practices in democratic legislatures; and providing cooperation programming. 4.2.5 Public participation, since a Sector Public Participation Framework/Model is being developed. A vital aspect is also UNDPs and other parliamentary development work that aims to ensure public participation in parliamentary processes. 4.2.6 Gender is an integral component of UNDPs parliamentary development work. Many UNDP country offices provide targeted support to enhance the effectiveness of women members of parliament and improve their ability to caucus and learn from one another. Gender is also mainstreamed in UNDPs legislative, oversight, and outreach activities, as it is vital that deliberations of parliament address the distinct needs of both women and men as well as the differing impacts of policies and the budget on various segments of society. 4.2.7 Capacity building for members and staff on substantive and procedural issues as well as skills such as public speaking, dealing with the media, debating, and codes of conduct, among others. tools as to well inform as and improve south-south development parliamentary

23 June 2012 4.2.8 Communication Effectiveness. Illustrating diverse

Prepared by Tim Layman, Legislative Sector Support (Version 4) for Development: that Strengthening are useful from

approaches

promoting media pluralism to improving the participation of marginalised people in decision-making; and 4.2.9 E-governance and ICT strategies are used to network parliamentarians and to enhance parliamentary-constituency interaction and outreach. In many countries, the technologies targeted include traditional forms of communication, such as radio outreach. Increasingly, however, ICT strategies aim to enhance parliamentary access to independent sources of information; such access is vital for legislators to fulfil their parliamentary mandate and contribution to democratic processes. In 2005, UNDP, in partnership with the European Commission, undertook a Global Study on e-parliaments, which will shortly be available on UNDPs parliamentary development webpage. It includes case studies and good practices. 4.2.10 Mainstreaming Anti-Corruption in Development This helps clarify by building on internal knowledge mapping, as well as reflecting and refocusing anticorruption priorities within its mandates and with respect to new developments in this field, e.g. King III. 4.2.11 Financial Management and Treasury Provision of sound treasury advice. Development of common treasury/financial regulations in parliament and legislatures. 4.2.12 Knowledge Management In the modern state, knowledge plays a fundamental role in the formulation of policy and legislation. Effective Knowledge Management and the development of a strategic framework are vital.

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Prepared by Tim Layman, Legislative Sector Support (Version 4) 4.2.13 Strategy, Planning, Monitoring and Evaluation It has become important to discuss a comprehensive approach to strategy development, planning, monitoring and evaluation. 4.2.14 Policy Analysis The study of public policy and the methods of policy analysis are among the most rapidly developing areas in the social sciences. Policy analysis has emerged to provide a better understanding of the policymaking process and to supply decision makers with reliable policy-relevant knowledge about pressing economic and social problems among others. Is it beneficial for practitioners to have a common approach?

5. Target Audience/Participants The seminar is open to: Members and Staff/Officials of the SA Parliament and Provincial Legislatures. Officials from the EU delegation to SA Members and Staff/Officials of SADC Parliamentary Organisations Members and Staff/Officials of International Parliaments and Regional Legislatures, i.e. North and South; African, European, North American, Asian and Australasian Public Sector: Officials of the Executive and Judiciary, Civil Society, Institutions of Higher Learning, Other Local and/International Organisations (a detailed list will be provided, including the international list on pp.2 and 3). 6. Organisation and Proceedings The Legislative Sector Support (LSS) will be responsible for the organisation and proceedings of the seminar, including quality assurance. It possess the capacity and experience and for this task. First, there will be a Call for Topics which will target the Sector and identified international experts. Abstracts, of not more than page. The

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Prepared by Tim Layman, Legislative Sector Support (Version 4)

Call will be widely published in the media (electronic and print) in order to attract the target audience above. The Topics should at least be located within, or cover the Major Theme and/or Sub-themes and should be submitted to LSS by 31 July 2012. In turn, Full Papers (not more than 15 pages 1 spacing) should be submitted to LSS by 31 August 2012. All Papers should consist of an Abstract or Executive Summary, followed by an Introduction, Main Body, Conclusion and Recommendations. It is important that all papers should, as far as

possible, attempt to highlight possible Recommendations. This invitation will be extended to experienced international role-players and experts in the legislative environment. A fair blend of local and international papers will be selected. Papers will be presented in plenary. Selected Session Chairs will be identified well before the time, and will be the only ones to have access to the papers, as they become available, in order to thoroughly prepare to facilitate sessions. Written texts of the presentations by the source persons will be distributed to participants at the seminar. For further information to participants, the LSS will avail background documentation relevant to the issues under discussion. Participants could also make documentation available. There will be a dedicated desk for documentation. Rigorous discussion and debate is intended. All participants shall have equal speaking rights, but during discussions, oral statements from the floor may not exceed three minutes. Participants may, however, speak several times on each item, particularly to respond to other statements. This will be subject to arrangements which the Chair and/or Programme Director may make to suit the circumstances. This serves as a guide in order to facilitate open, but disciplined discussion and debate, which should enhance the proceedings. Professional General Rapporteurs; Audio and Visual; as well Photographic Services will be employed to record the proceedings. Arrangements will

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Prepared by Tim Layman, Legislative Sector Support (Version 4)

also be made for coverage with Electronic and Print Media. The proceedings will take place in English. Delegates who wish to have interpretation in their own language are kindly requested to inform LSS, which will arrange for interpretation. At the end of the seminar, during the afternoon of the last day, an independent analysis and recommendations will be articulated on: The Way Forward. 7. Seminar Outputs The seminar is expected to deliver the following: o Recommendations/Resolutions on each of the topics and/or sub-themes of the seminar; o Following the seminar an operational plan will be developed to implement and track the implementation of the resolutions of the seminar; o Published proceedings of the seminar.