>> VERSION FRANCAISE   
ISSUE N°13
APRIL 2004
 
C O N T E N T S
OF THE ISSUE
 
white cube Editorial
white cube In brief
white cube A more equitable information society
white cube Human Rights
white cube 2nd Conference of Speakers of Parliaments
white cube 110th IPU's Assembly: Interview with Speaker Jackson
white cube Women in Parliaments 2003
white cube Technical cooperation update
white cube Parliamentary developments
white cube Read in the press

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The World of Parliaments
Parliamentary Developments

Afghanistan
On 26 January 2004, President Hamid Karzai signed the country's new Constitution into law. The new text stipulates that Afghanistan will be a tolerant, democratic Islamic state under a strong presidency, a two-chamber parliament and an independent judiciary. The text also declares men and women equal before the law and recognizes minority language while giving few powers to provincial authorities, as a chance to pull the country together after nearly a quarter-century of violence. The some 500 delegates from across the country that formed the Loya Jirga (grand assembly of elders) had met in Kabul since 14 December 2003 to debate and ratify the draft Constitution. The new Constitution will pave the way for presidential and legislative elections which, according to the 1999 Bonn Accords should take place in 2004.

Barbados
The Public Accounts Committee Act 2003 was passed to provide for a larger Public Accounts Committee. This Committee, which previously was only formed by not more than seven members of the House of the Assembly, now comprises seven members of the House and six members of the Senate. The relevant Standing Orders of the House of the Assembly and the Senate were amended to accommodate the provisions of the Act.

Georgia
On 6 February 2004, members of Parliament approved on second and third reading the constitutional amendments that had been introduced by President Mikheil Saakashvili's. Opposition deputies who had voted against the amendments during their first reading the previous day dropped their objections. The approved amendments reintroduce the post of Prime Minister, empower the Parliament to remove the government by means of two successive no-confidence votes adopted by a two-thirds majority. The president acquires the right to dissolve parliament if it fails to approve the draft budget, or in the event of a government crisis. Deputies rejected, however, a proposed amendment that would have stripped them of their immunity from prosecution.

Iceland
On 15 December 2003, a new law relating to pensions for the President of the country, Cabinet members, members of Parliament and Supreme Court judges was adopted. Various laws pertaining to the highest officials of the three branches of government were regrouped under one comprehensive legal act.

Iraq
On 8 March 2004, the Governing Council signed the draft Constitution, officially called the Transitional Administrative Law, which will remain in effect until a permanent constitution is drafted and ratified in 2005. The new constitution is a key aspect of the United States' plans to turn over power on 30 June 2004. The document, that was drafted following two days of talks by members of the Governing Council, recognises Islam as one source of legislation rather than the only source but has put off details on some aspects of Kurdish autonomy. It includes a comprehensive bill of rights, providing protection for free speech, religious expression, assembly and due process. The Constitution stipulates that Iraq will have a President with two Deputies, a Prime Minister and a Cabinet. Elections for a Transitional National Assembly, which will be charged with drafting and voting on a permanent constitution for Iraq, will be held by the end of 2004, if possible. If not, the elections would be held in 2005. Rules for those elections will be written by the interim Iraqi government that takes power on 1st July. The Constitution also set aside 25% of the seats in the provisional legislature for women.
Kurdish and Arabic are enshrined as Iraq's dual official languages. But the charter allows for education in all of Iraq's other minority tongues.
Kurds are allowed to veto a permanent Constitution with a two-thirds vote - a right that had caused the Shiite walkout and cancellation of a signing ceremony scheduled for 5 March. Kurds can also prevent certain laws meant for all of Iraq from being enforced in their zone. Members of the Governing Council, however, were unable to agree on the terms and size of the Kurdish self-rule region in the north. Kurdish leaders had demanded the right to keep their peshmerga militia as a distinct armed force and to control oil and other resources in their region. They also sought to add districts to the autonomous area.

Israel
On 28 July 2003, one amendment was introduced to "Basic Law: the President of the State". This amendment added a fourth situation in which the President of the State may temporarily hand over his duties to the Speaker of the Knesset. This is if he asks to be temporarily relieved of his duties, because he cannot fulfil them.
The Parties Financing Law was also amended. As of the second half of 2003, money the parties collect from candidates registering for internal primaries is no longer considered financial contributions to the party.
On the occasion of the Knesset's 55th anniversary, celebrated on 10 February 2004, the Knesset was presented with basic principles of a new code of ethics for its members. On the same occasion it passed, in first reading, a new version of the declaration of allegiance by Members in the "Basic Law: the Knesset", that will include their undertaking to act in accordance with the rules of ethics of the Knesset. The Amendment will be passed in second and third reading after the code of ethics is completed.

Japan
On 26 October 2003, a partial amendment to the Public Offices Election Law came into effect to permit political parties to announce party manifestos. It was decided that as a part of election campaign activities for general elections, political parties and groups would be allowed to distribute printed materials, such as pamphlets, leaflets and books, containing policy statements related to national politics and basic plans for bringing them about, provided the materials had been submitted beforehand to the Minister for Public Management, Home Affairs, Posts and Telecommunications.
On 1 November 2003, a partial amendment to the law concerning the salaries of secretaries of Diet Members came into force. It brings those salaries into line with those of Secretaries in Public Administration, who are classified as public servants in special service.

Kyrgyzstan
On 13 January 2004, Parliament approved the amendments to the Election Code to bring it in line with constitutional changes adopted in February 2003 and also in accord with international standards. In the new Election Code, the voting procedure has been totally changed. It gives independent observers every right to access any document needed for scrutinity. The forming of local elections committees has been changed also. From now on, one third of the committee will consist of party members and activists from the civic society. The other two thirds of the committee will consist of municipal employees and representatives of the administration. No state employees will be allowed in it. The delivery and ballot count will be more transparent., as the counting of ballots will be done in the same room where the voting took place, to exclude any possibility of falsifying results. Finally, it also establishes that parliamentary campaigns may begin only 25 days prior to an election, presidential campaigns 35 days prior to the election date, and local-election campaigns 20 days before the election.

Luxembourg
Between 19 December 2003 and 10 February 2004 three laws amending the Constitution were adopted. These laws amended, inter alia, article 114 which covers the procedure for amending the Constitution, and article 24 in which the sentence concerning the security deposits by writers, publishers or printers was deleted because it was obsolete, as was the sentence concerning stamp duty for newspapers and periodicals. In the same article, a provision was also deleted which stated that the publisher, printer or distributor may not be prosecuted if the author is known, a national of Luxembourg and resident in the country. The most recent law amended articles 63 and 65 of the Constitution, in the first case to allow for the voting of laws by proxy, although nobody may receive more than one proxy, and in the second case to stipulate that no vote will be taken on one or several articles except at the request of at least 5 Deputies.
On 10 February 2004 a law was adopted to cover participation in the European elections of 13 June 2004 by nationals of those States due to become Members of the European Union on 1 May 2004.
On 22 August 2003 a law was adopted to institute the mediator, i.e. an impartial intermediary between the Government and the citizen. The mediator is attached to the Chamber of Deputies and does not receive instructions from any authority in the exercise of his/her functions.

New Zealand
On 16 December 2003 the House of Representatives adopted amendments to its Standing Orders that came into force on 10 February 2004. A number of the changes incorporated in the Standing Orders make permanent rules that had been adopted as sessional orders. These included provisions relating to the electronic lodgement and publication of questions for written answer and arrangements for the availability of printed copies of bills. The remuneration for Members of Parliament was adjusted by the Parliamentary Salaries and Allowance Determination 2003, that came into force on 1 November 2003 and will expire on 30 June 2004.

Philippines
In August 2003 a law was passed allowing natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalisation as citizens of another country to re-acquire Philippine citizenship. The new law restores to those citizens full civil and political rights, which include the right of suffrage and to run for elective office, subject to the requirements and qualifications of the Constitution and existing laws, are provided that upon filing of certificate of candidacy a sworn statement of renunciation of all foreign citizenship is executed before an authorised public officer. The right of suffrage or the privilege to be appointed to public office do not apply to candidates or those occupying public office in the country where they are naturalised citizens or those in the active service in the armed forces of the country where they are naturalised citizens.
On 13 January 2004, the Commission on Elections (COMELEC) issued three Resolutions to implement three Republic Acts that had been adopted in December 2003 to increase the number of legislative districts from 209 to 212.

Romania
On 18 September 2003, the Law for the revision of the Constitution of Romania was adopted by the two Chambers of the Parliament, in separate sittings. This Law was subsequently approved by national referendum on 18 and 19 October 2003. The new Constitution entered into force on 29 October 2003. According to the main amendments, the Constitution, among others,

  • establishes the appropriate Constitutional framework and the juridical grounds for Romania’s Euro-Atlantic integration: harmonizes its provisions with the main regulations of the European Union and stipulates the right of Romanian citizens to elect and to be elected in the European Parliament after Romania’s accession to the European Union;

  • consecrates the unity of the Romanian people and the solidarity of the Romanian citizens as bases of the State;

  • guarantees equal access of men and women to public positions and dignities; stipulates the right of the parties to a fair trial and a solution of their cases within a reasonable term;

  • institutes the patrimony liability of the State for the prejudices caused as a result of judicial errors, and stipulates the liability of the magistrates having exercised their mandate in ill will or grave negligence;

  • increases the role and the importance of the Superior Council of Magistracy as the guarantor of the independence of justice, and includes representatives of the civil society in its composition;

  • stipulates that the State shall grant social scholarships to children and young people coming from disadvantaged families and to those institutionalized;

  • acknowledges the right of any person to live in a healthy, well preserved and balanced environment; stipulates the guarantee and the protection of private property, irrespective of its owner; nationalization and any other measures of forcible transfer of assets to public property based on the owners’ social, ethnic, religious, political or other discriminatory features, are forbidden;

  • enhances the role of the Advocate of the People (Ombudsman), whose term of office shall be of 5 years instead of 4;

  • sets up a clearer division of the legislative competences of the Chambers of Parliament in order to speed up legislative activity and eliminate the stages of mediation and divergence (each bill and legislative proposal shall be debated and adopted by both Chambers, but the Chamber having competence to make a final decision shall be the second one notified. The decision-making competence of the Chamber of Deputies covers mainly the ordinary laws, while the one of the Senate covers the ratification of international treaties or other agreements. The organic laws are shared equally between the two Chambers, in accordance with their importance and number);

  • lowers the number of citizens that can promote a legislative initiative from 250,000 to 100,000;

  • restricts parliamentary immunity to the votes cast or political opinions expressed in the exercise of office; lowers the age limit of candidates for the Senate to 33 years from 35;

  • extends the term of office for the President of Romania from 4 to 5 years and stipulates the right of the President to request the Constitutional Court to solve the legal disputes of a constitutional nature between public authorities;

  • mentions that, in cases of unconstitutionality of laws, before their promulgation the Parliament is bound to reconsider the provisions found to be unconstitutional by the Constitutional Court and to bring them into line with the Court’s decision and restricts the possibility for the Government to adopt emergency ordinances to exceptional cases, the regulation of which cannot be postponed.

Switzerland
On 1 August 2003 a constitutional amendment came into force to increase the citizen’s political rights. This amendment, which had been accepted by the people in a popular vote on 3 February 2003, establishes that 100.000 citizens may deposit a bill drafted in general terms and calling for a constitutional or legislative amendment. The people shall then take a decision in a popular vote. Moreover, the scope of the referendum in the area of international law has been enlarged, so that all treaties containing important provisions which establish legal rules or which entail mandatory federal legislation must be put to an optional referendum. On 1 December 2003 a completely revised law on the Parliament came into force. The principle substantive changes endow Parliament with more power to influence the Government. Parliamentary Committees are guaranteed a right of access to information held by the Government and the Committees themselves must determine what information they need. In addition, the Parliament ensures that measures taken by the State are assessed for their effectiveness. Furthermore, the Parliament is involved in major planning of State activities and in the definition of its external policy.

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