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CONCEPT NOTE AND PROGRAMME Regional Policy Dialogue on “Strengthening Separation of Powers & Parliamentary Oversight in the SADC Region: A Leap towards Democratic Accountability and Inclusive Governance”

Concept Note

  • Background and Rationale

Democratic accountability is central to good governance and the democratic drive as it ensures the separation of state power and checks and balance across all spheres of governance, thereby curtailing abuse of power and corruption and safeguarding human rights. Robust accountability relations greatly contribute to building trust in state institutions particularly in conflict situations or transitions.

A solid democratic accountability architecture particularly requires a strong Parliament, working alongside functional multiple actors and institutions in a collaborative manner. Parliament is a critical claim holder vested with the constitutional mandate to make laws, represent citizens who are rights holders and oversee the executive which is the duty bearer, including imposing sanctions when required. Many constitutions provide for separation of powers, especially  between the legislature and executive and this require negotiation, cooperation, and oversight. These critical parliamentary roles include the approval of national budget, law-making, approval of public appointments, the power to subpoena government officials to testify before Parliament and the duty to conduct hearings and debate on policy matters.

The Legislature’s capacity and space to hold the executive to account is dependent on, inter alia, the power balance and dynamics within Parliament and between Parliament, the Executive and the Judiciary. Of equal importance is the effectiveness and ability of parliamentary committees to access, analyse and act on information, the extent to which committees of Parliament are composed of genuinely committed politicians, competent staff and collaboration with civil society and media, among others.

For the SADC region, the role of Parliament in promoting democratic accountability has both successes and challenges. The challenges are a result of various factors, including power relations which undermine the principle of separation of powers. As observed by SADC-PF[1] in the Benchmarks for Democratic Legislatures in Southern Africa (2012)[2], the introduction of multi-party politics in the early 1990s has not necessarily produced effective and efficient Parliaments to underpin democratic consolidation.

The predominant Westminster system government in the region, where ministers are simultaneously members of Parliament, while vital for establishing stable governments, tends to undermine the principle of separation of powers and diminish parliamentary oversight capacity. The dominant executive generally dominates Parliament, including setting its agenda, appointing parliamentary staff, and determining its calendar. Parliament is largely reactive rather than proactive and is thus unable to respond sufficiently to emerging challenges, opportunities and national emergencies.[3] The Covid-19 pandemic lockdown laid the dominance of the executive on one hand and the and the weakness of Parliament on the other hand, including its inability to protect human rights and oversee government action during emergencies.

Indeed, Parliaments are both an indirect means of vertical accountability as well as an institutionalised horizontal check on executive power. This is the rationale for SADC PF’s deliberate action in infused a component on strengthening democratic accountability within the SRHR and Governance Project funded by Sweden. The component primarily focuses on strengthening parliamentary interventions and has two outcomes, namely, strengthening of democratic accountability by parliamentary interventions (Outcome 8), and the advancement of human rights to build the democratic drive across the SADC region (Outcome 9).

In view of the above, SADC PF, with finding from Sweden and GIZ, is convening a Regional Policy Dialogue under the theme “Strengthening Separation of Powers & Parliamentary Oversight in the SADC Region: A Leap towards Democratic Accountability and Inclusive Governance.” Through the Regional Policy Dialogue, SADC PF will bring together Parliamentarians and stakeholders to engage on critical issues on democratic accountability in view of greater impact for parliamentary interventions in the following areas:

  • Entrenching separation of powers and checks and balances for the independent and effective functioning of Parliaments;
  • Enhancing the oversight role and monitoring capacity of Parliaments for transparency and democratic accountability;
  • Enhancing the role of Parliament in promoting youth political participation and representation; and
  • Advancing human rights to build the democratic drive across the SADC region.
  • Objective

The main objective of the Regional Policy Dialogue is to create a platform for Parliamentarians to engage with stakeholders on the context and strategies for strengthening of democratic accountability through parliamentary interventions and the advancing human rights to build the democratic drive across the SADC region. Specifically, the Policy Dialogue serves as a space to:

  • Examine the challenges and opportunities for strengthening separation of powers and checks and balances for the independent and effective functioning of Parliaments and make policy recommendations;
  • Identify opportunities and priorities for parliamentary action in promoting inclusive and equitable policies for youth political participation and representation;
  • Identify strategies for collaborative action on enhancing the oversight role and monitoring capacity of Parliaments for transparency and democratic accountability; and
  • Promote inter-agency partnership in advancing human rights to build the democratic drive across the SADC region.
  • Expected Output

The Regional Policy Dialogue is expected serve as an opportunity to:

  • Convene Parliamentarians and stakeholders and solicit diverse constructive views and recommendations on the opportunities for strengthening separation of powers and parliamentary oversight in the SADC Region;
  • Policy Brief on strengthening parliamentary interventions towards democratic accountability and inclusive governance in the SADC region;
  • Raised awareness to MPs and stakeholders on the centrality of Parliament in strengthening democratic accountability, working in collaboration with stakeholders; and
  • Develop a Policy Brief on strengthening parliamentary interventions towards democratic accountability and inclusive governance in the SADC region.

 

  • Expected Outcome

The Regional Policy Dialogue is expected to contribute to the following outcomes:

  • Strengthened democratic accountability through parliamentary interventions;
  • Advancement of human rights to build the democratic drive across the SADC regional;
  • Expanded stakeholder networks that could be utilised in future as sources of support when and as required; and
  • Improved impact of future programming by using the recommendations of the Policy Dialogue.
  • METHODOLOGY

To achieve the above objectives, the Regional Policy Dialogue will employ complementary delivery methods. In this regard participants will receive presentations from various subject experts, and this will be followed by robust plenary deliberations. Panel discussions will also be utilised to harness the divergent perspectives on the various topics under discussion. To deepen the discussion and ensure more inputs from participants, dedicated group discussion sessions will be held. To widen participation, the Policy Dialogue will be live streamed on different social media platforms. The Policy Dialogue will also be conducted in the three official languages of SADC PF, namely English, French and Portuguese.

  • VENUE AND DATE

The Policy Dialogue will be held in Johannesburg, South Africa from 4th to 5th November 2022.

  • PARTICIPANTS

The Regional Policy Dialogue will attract participants Member Parliaments from the Democratisation, Governance and Human Rights Committee and the Regional Model Law Oversight Committee of SADC PF, civil society, media academia and research institutions and cooperating partners.

 

                     DAY ONE

 

    Thursday 3rd November 2022

All day

Arrival of Participants

 

DAY TWO

 

Friday 4th November 2022

08:30 – 09:00

Registration of Participants

09:00 – 09:45

OFFICIAL OPENING SESSION

 

(i)      Welcome Remarks by Her Excellency Madam Boemo Sekgoma, Secretary General of the SADC Parliamentary Forum

(ii)    Remarks by Her Excellency Mrs Romana Königsbrun, Austrian Ambassador to South Africa and SADC

(iii)   Remarks by the Chairperson of the SADC PF Standing Committee on Democratisation Governance and Human Rights

(iv)   Keynote Address by Mr Siphosami Malunga, Director of Programmes, Open Society Foundation- Africa

Director of Ceremonies: Mr Sheuneni Kurasha, Programme Manager for Democracy, Governance and Human Rights, SADC Parliamentary Forum

09:45 – 10:00

Objectives and Expected Outcomes of the Policy Dialogue

10:00 – 10:30

GROUP PHOTOGRAPHY & COFFEE/TEA BREAK

SESSION I

 

10:30 – 12:30

The centrality of Parliament in Democratic Accountability, Democratic Drive and Human Rights Protection in the SADC region

 

·     Parliaments as Pillars for a Strong Democratic Accountability and Democratic Drive in the SADC region – Sheuneni Kurasha, Programme Manager Democracy, Governance and Human Rights

·     Citizens Perceptions and Attitudes towards Parliaments in Promoting Democracy and Accountability in Southern Africa – Prof. Eldred Masunungure, Afro-barometer Southern Africa

 

·     Plenary Deliberations and Recommendations

                           

Moderator:  Hon. Dought Ndiweni, Chairperson of the SADC PF Standing Committee on Democratisation, Governance and Human Rights            

SESSION II

 

 

14:00 – 16:30

Parliaments working in Collaboration & Partnership with Stakeholders to achieve Democratic Accountability, Democratic Drive and Human Rights Protection in the SADC region

 

·     Collaboration in Strengthening Democratic Accountability in the SADC Region: Lessons from the Domestication of the SADC Protocol Against Corruption – Mr. Ipyana Musopole, Anti-Corruption Enforcement Officer, SADC Organ on Politics, Defence and Security Affairs, SADC Secretariat

 

·     Strategies for Effective Human Rights Engagement for Parliaments in the SADC Region – Mr Stanley Nyamanhindi, CEO SADC Lawyers Association

 

·     Civil Society Perspectives on the Role of Parliament in the Implementation of Reforms: Experiences from Lesotho, Mr Sofonea Shale, Coordinator at Development for Peace Education

 

·     Plenary Deliberations and Recommendations

 

Moderator:  Hon. Dought Ndiweni, Chairperson of the SADC PF Standing Committee on Democratisation, Governance and Human Rights            

16:30 – 17:00

COFFEE/TEA BREAK & END OF DAY 1

DAY THREE

 

Saturday 5th November 2022

SESSION III

 

 

 

 

09:00 – 09:30

 

09:30 – 11:00

 

 

 

 

 

 

 

 

Enhancing the Role of Parliament in Promoting Inclusive Governance through Youth Political Participation and Representation 

 

·     An Overview of Youth Priority Issues in the SADC Region - SADC Youth Forum (SAYoF-SADC)

 

·     Benchmarking Parliamentary Engagement with Young People in the SADC Region

Presenters:

   

1.   Hon. Patience Masua, MP, Namibia

2.   Hon. Tatenda Mavetera, MP, Zimbabwe and Vice Chairperson of PAP Youth Caucus

3.   African Youth and Adolescents Network (AfriYAN) Representative

4.   SAT Youth Hub representative

5.   Save The Children representative

Plenary deliberations and recommendations

Moderator: Mr Gram Matenga, Senior Programme Manager International IDEA

11:00 – 13:00

Group Work

Topics

i)         How Can Parliament Leverage its Constitutional Mandate & Programmes to Promote Inclusive Governance, i.e., Youth Political Participation and Representation?

ii)        How can young People and Youth Groups Maximise Engagement with Parliament for Youth Inclusion in Governance Processes?  

(Participants to be divided into groups and each group will discuss the two questions. To facilitate its work, each group will elect a Chairperson and a Rapporteur who will capture group deliberations and make presentations in plenary)

13:00 – 14:00

LUNCH BREAK

14:00 – 15:00

Plenary Report Back Session

15:00 – 15:30

Presentation of Main Recommendations

15:30 – 16:00

Closing Session

·       Closing Remarks by the GEWAYD Chairperson

·       Vote of Thanks by a SADC PF Member of Parliament

 

[1] The SADC Parliamentary Forum (SADC-PF) is the leading inter-parliamentary organisation in the SADC region, currently comprising 15 Member Parliaments. Its core mission is to promote inter-parliamentary cooperation and diplomacy in the region. Under its Strategic Plan (2019-2023), the SADC-PF has pledged to act as the Flag-Bearer of Democratisation and Socio-Economic Development for Southern Africa through the implementation of parliamentary initiatives.

[2] SADC-PF (2012), Benchmarks for Democratic Legislatures in Southern Africa, p. 2.

[3] Ibid

 

Concept Note & Programme - Strengthening Separation of Powers & Parliament Oversight

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O Fórum Parlamentar da Comunidade para o Desenvolvimento da África Austral (SADC PF) foi criado em 1997, em conformidade com o Artigo 9 (2) do Tratado da SADC como uma instituição autônoma da SADC. É um órgão interparlamentar regional composto por Treze (14) parlamentos representando mais de 3500 parlamentares na região da SADC. Consulte Mais informação

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