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Accountability of Parliament |
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| Partners | News | Success Stories | Links | Updated: 8/28/2006 |
Introduction
After over 20 years of war, on March 21, 1990, Namibia achieved independence from South Africa`s apartheid government. Rejecting apartheid`s philosophy of inequality, Namibians embraced a Constitution written "in recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family." Those rights "to life, liberty, and the pursuit of happiness" are guaranteed to all citizens "regardless of race, color, ethnic origin, sex, religion, creed or social or economic status."
(The above quotations are from the Preamble to The Constitution of Namibia.)
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Namibian Democracy
The constitution of the Republic of Namibia, judged to be one of the most liberal in the world, designates three branches of government — the executive, the legislative and the judiciary. The President is both head of state and commander-in-chief and is elected directly by the people. The Parliament is a bicameral body with the nation`s legislative power vested in the National Assembly. The second house of Parliament, the National Council, has a review mandate only. The two Parliamentary bodies are elected through different systems, resulting in different constituent relations. Members of the National Assembly are elected from party lists. The election is a national one and there are no demarcated districts; thus, a member of the National Assembly has the entire country as a constituency. Members of the National Council are elected from Regional Councils, with Regional Council members having been chosen through direct elections in the 13 respective regions.
In November, 2004, Namibia held Presidential and National Assembly elections. These were regarded as democratic milestones, due to the fact that the highly popular liberation struggle hero and founding President, Sam Nujoma, stepped down after three terms at the helm. President-elect Hifikepunye Pohamba won 76 percent of the vote and the ruling party, SWAPO, received 75 percent, in elections judged by the African Union (AU) to have been "peaceful and democratically mature"and "free and fair"by election observers from the Southern African Development Community (SADC). This resulted in 55 out of 72 seats in the National Assembly being allocated to SWAPO, while the two major opposition parties, the Democratic Turnhalle Alliance and the Congress of Democrats, captured five and four seats, respectively, with four smaller parties sharing the remaining eight seats. Judicial power in Namibia is exercised by a Supreme Court, a High Court, and a number of Magistrate and Lower Courts. Namibia`s judiciary is an independent one and the rule of law is generally respected.
Namibia has a free and open media, with both the public and the private sectors involved in radio and the print media. Television is government owned. Non-governmental organizations are gaining in capacity and influence. Capacity for interest aggregation, creation of public forums, and advocacy is weak but growing.
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The USAID Program
USAID began its assistance in the democracy sector in 1995, working with the Namibian Parliament through a U.S. NGO, the National Democratic Institute for International Affairs (NDI). USAID, NDI and the Parliament established the overarching objective of "Increasing the accountability of the Parliament to all Namibian citizens,"and agreed to measure progress against three intermediate results:
· Increased use by Parliamentarians of enhanced skills as legislators and representatives of citizens;
· Increased opportunities for citizen participation in the legislative process; and,
· Increased public advocacy by NGOs and civic groups in national and/or media fora.
To complement its activities with the Parliament and to help assure achievement of the intermediate results, NDI dedicated a small portion of the resources it received from USAID to strengthening the advocacy capabilities of NGOs and improving media coverage of events in Parliament.
In 2001, USAID entered into a cooperative agreement with the Namibian Institute for Democracy (NID) and a contract with Management Systems International (MSI) to further reinforce efforts to strengthen the advocacy capabilities of Namibian NGOs.
Under the above-mentioned strategic objective, in terms of the agreements with NDI, NID and MSI, that ended on 30 September, 2004, the following key results were achieved:
Increased Use by Parliamentarians of Enhanced Skills as Legislators and Representatives of Citizens
The Namibian Parliament has quickly come to be regarded as one of the most professional on the African continent. With USAID financing, NDI helped to foster this development through skills training for Members of Parliament (MPs) and staff, and activities to deepen the Parliament`s democratic culture. Support included training, study tours, seminars, and the development of manuals and other guides.
One of Parliament`s most significant achievements was the establishment of functioning legislative review committees, which did not exist before 1996. At that time, all MPs were equally and separately responsible for gathering and organizing information on pending legislation. This resulted in generally low levels of legislative review and inconsistent information across MPs, with no means for rectifying inconsistencies. With NDI`s assistance, the following standing committees are now active:
National Assembly Standing Committees
- Rules & Orders and Internal Arrangements
- Privileges
- Public Accounts
- Ombudsman
- Natural Resources
- Security
- Governmental Affairs
- Economics
- Human Resources, Equality and Gender Development
- Petitions
National Council Standing Committees
- Foreign Affairs, Defence and Security
- Rules and Orders
- Privileges and Immunities
- Steering
- Public Accounts and the Economy
- Regional Development
- Constitutional and Legal Affairs
- Reports
With NDI assistance, both houses of Parliament adopted, and continue to revise, standing rules and orders to efficiently govern the business of the chamber and committees. There are competent human resources and other means of support dedicated to the committees in the form of clerks and legal advisors and a common research services division has been established to facilitate the work of the committees. Membership on the committees is determined by the political parties in the National Assembly in accordance with the principle of proportionality, with regard to both parties and gender. In line with Commonwealth tradition, the Public Accounts Committees of both the National Assembly and the National Council are chaired by a Member of the opposition.
To help committees better perform their roles in reviewing and refining legislation, NDI held several workshops to enable MPs and staff improve their skills in analyzing bills, reviewing the national budget and conducting research. A number of publications were prepared and issued, including: Parliamentary Committee Quick Reference Guide; How Laws are Made; A Guide to Legislative Research on the Internet; Analyzing Legislation, Reading Bills Critically; and Understanding the National Budget.
NDI also introduced a week long Induction Program to enable new MPs to quickly and effectively begin work. There have been three Induction Programs over the past several years and Parliament has picked up increasing levels of responsibility for organizing and funding each successive Program. Popularity of the Program has risen steadily as well. The fourth Program, which was held in 2005, was driven entirely by Parliamentary staff and attracted the participation of a number of senior Ministerial MPs in addition to inductees.
While it is hard to quantify the results of workshops and other training activities, qualitative improvements in parliamentary proceedings are obvious. A good example is the increased degree of sophistication with which the budget process is handled. Whereas in years past the budget debate consisted primarily of political statements, MPs are increasingly requesting relevant information from the Auditor General and substantive issues are being raised and debated. Another example of MPs` procedural skills development was demonstrated in 2002 when the Legal Practitioners Amendment Bill was procedurally prevented from rolling through the National Assembly in one day through vigorous Parliamentary intervention. Training activities also, in addition to strengthening skills, contributed to broadening and deepening cooperative governance. Parliament has invited Regional Council members and staff from line Ministries to workshops on topics such as ethics and constituency outreach.
Parliament`s growing maturity is also demonstrated by Parliamentary Questions, which have become a regular part of the Parliament`s schedule. While answers to the requests for information are sometimes vague and the questioner is left without recourse, it is generally agreed that Questions from opposition Members, along with the coverage the media has provided of the process, have helped lift the Parliamentary profile and increase government accountability.
The influence of backbenchers grew throughout the course of the program period. Opposition MPs began to regularly propose amendments to critical legislation, resulting in more thorough debate and negotiation in the committee process. Opposition party whips frequently scheduled meetings with the Speaker and chairman to review floor activity and committee calendars.
A culture of consultation has developed, particularly with respect to critical pieces of legislation, such as the Children`s Status Bill, the Defense Bill and the Anti-Corruption Bill. Opposition MPs often proposed amendments to these important bills and/or through consultation were able to compel legislation to be referred to Committee for further review.
Finally, the National Council has begun to exercise its oversight role vis-à-vis the National Assembly more regularly and assertively as was demonstrated during the 2000 debate on the Communal Land Bill and more recent reviews of the Anti-Corruption Bill.
Increased Opportunities for Citizen Participation in the Legislative Process
The committee system, which has had such a positive impact on professionalizing the Parliament, has likewise created increased opportunities for citizen participation in the legislative process. Extensive public hearings have been held on legislation, such as the Education Bill, Diamond Bill, Community Courts Bill, Communal Land Bill, and the Combating of Domestic Violence and, in many instances, hearings have been held at the regional as well as the national level. Public hearings have enabled civil society organizations to participate and provide amendments and recommendations to improve legislation. Eighty-seven percent of bills tabled in 2002 were subjected to public comment, with a leveling off to 74% and 66% in years 2003 and 2004 respectively. This was due mainly to shortened legislative periods in the run-up to crucial regional, national and presidential elections held in 2004. The Combating of Rape Act of 2000, and the Domestic Violence Act of 2003, generated some of the most spirited public input and many of the recommendations made by the citizenry were incorporated into the legislation that was finally enacted. Most recently, public debate around the new labor laws, as well as the Children’s Status Bill, have featured prominently in the media. The relevant parliamentary committee reported an unprecedented level of participation from women on the latter, with a joint submission on the bill signed by more than 30 organizations being presented for consideration.
In another effort to make legislation more accessible to the public, NDI contracted with the Legal Assistance Center, a Namibian NGO, to produce bill summaries, with legal terms explained in layperson`s language. By 1998, these were being regularly distributed to over 200 organizations and individuals. The summaries contribute directly to a better-informed public seeking better representation and information from their elected representatives. Since 2001, the National Assembly itself has funded this effort. There have also been activities to improve the public`s comprehension about and enhance the transparency of the Budget process. As mentioned previously, NDI and the Namibian Chamber of Commerce and Industry produced a booklet entitled Understanding the National Budget. First published in English, it has been translated into six of Namibia`s indigenous languages. This effort had the full cooperation of the Ministry of Finance and the National Planning Commission.
Additionally, Parliament has made space available for community media to facilitate on-site radio broadcasts of public hearings and legislative sessions. Currently, the Namibia Broadcast Corporation broadcasts from within both Chambers of Parliament and, in addition to its reporting, broadcasts some Parliamentary sessions live and unedited.
In 2001, Parliament launched its innovative Parliamentary Information Management System which combines the features of a website (www.parliament.gov.na), internet connectivity, electronic outreach and video conferencing. This was a first in the region and is potentially the most versatile of constituency outreach tools available to facilitate a dialogue between Namibian constituents and representatives. It took first prize at the 2001 International Institute for Democracy and Electoral Assistance (IDEA) E-Governance Conference in Stockholm, Sweden. Increasingly, both Parliament and the Ministry of Local and Regional Government and Housing are taking responsibility for provision and training of staff and facilities to conduct constituency outreach activities.
With support from USAID`s Education for Development and Democracy Initiative (EDDI) and contributions from the private sector, a Mobile Training Unit (MTU), which is a bus containing 11 computers, a satellite uplink, and a projector system for larger audiences was equipped and has traveled the country to introduce Namibians to the interactive website and promote its use by elected representatives and civil society organizations. Of particular importance, comments on pending legislation and issues of concern can be forwarded directly to the relevant Committee Chairs in the National Assembly and the Chairperson of the National Council. Moreover, chat rooms in which civil society and Parliament can interact have been set up. In a geographically large country like Namibia, where transportation can be difficult and costly, the importance of this mode for expanding public input and oversight cannot be overstated. The resounding success and further potential of this IT awareness campaign, coupled with the unexpected surge of continuing interest in the regions, as well as the high levels of attendance at the training sessions, resulted in a year long follow-up program funded with EDDI resources. This was aimed at increasing the number of trainers and their capacity, as well as supporting the Parliament to acquire the MTU in 2002. Parliament is fully committed to the MTU, and is now meeting all recurrent costs of maintaining and operating the unit. The MTU is also serving as a model and has been investigated for replication in South Africa.
Under the Constituency Outreach Program, numerous visits by parliamentarians were conducted across the regions to consult directly on issues of concern to Namibian citizens and to introduce them to the range of mechanisms available for interacting with their elected representatives. As part of parliament week in 2004, a Democracy and Development Exhibition was held, showcasing the work and functions of 38 NGOs and 12 Ministries. The event attracted over 3,000 visitors, including the President and Prime Minister. The "Constituency Channel", housed in newly equipped studios in Parliament, together with the Namibian Broadcasting Corporation, utilized community radio networks to provide media coverage of legislators and their constituency-related activities. Eight television documentaries and 76 radio programs were produced to facilitate the dialogue between MPs and their constituents.
Increased Public Advocacy by NGOs and Civic Groups in National and/or Media Fora
Namibia is a young democracy. Before independence, comments to and criticisms of the government by the large majority of its people were considered illegitimate, even treasonous. However, Parliament today welcomes community input through peaceful and lawful advocacy initiatives. As described above, NDI`s program in Namibia focused primarily on improving the internal workings of Parliament and its capacity for and receptivity to accepting public input into policy making. To enable civil society to take advantage of the channels Parliament has established for legislative input, NDI since 1996 made a small but discernable portion of its grant resources available to strengthening NGOs. The strengthening process improved their capacity to frame issues, develop recommendations, make presentations to committees, and follow Parliamentary floor debate in both chambers. By way of example, NDI worked with the Namibian Chamber of Commerce and Industry and NANGOF, an NGO umbrella organization, to expand NGO participation in the national budget process. As a result of their collaboration, NGOs are now represented on a Finance Ministry committee charged with receiving sectoral budget submissions and making decisions on budget priorities before the budget is submitted to Parliament. NDI assistance also helped NGOs facilitate public input on affirmative action, land reform, anti-corruption and other important legislation.
USAID`s most significant achievement to date with regard to increasing public advocacy has been facilitating the activities of the Women`s Network Manifesto Movement. This umbrella organization has brought together 30 organizations representing women from the full range of political and social backgrounds. The mobilizing and awareness raising activities, conducted country-wide beginning in 2000, culminated in the drafting of legislation that aims to create a 50/50 gender balance in all representative government bodies, and which was submitted to the relevant Parliamentary Standing Committee for consideration. This was the first time legislation was submitted to Parliament from a non-executive branch source.
To complement NDI`s efforts, USAID, in early 2001, entered into a grant agreement with the Namibia Institute for Democracy (NID) for the Civil Society Development Program (CSDP). The two and a half year program supports competitively awarded grants as well as training and technical assistance to local organizations in order to strengthen the ability of those organizations to conduct advocacy activities. The Government of the Netherlands, interested in advocacy as well, entered into a grant agreement with NID in May 2002 to participate jointly with USAID in the CSDP. Training focused on developing organizational management, accounting practices and advocacy skills. The organizations receiving grants advocated for important civil society issues such as the freedom of access to information, decrease in crime, the reintegration of ex-convicts into society, improved care related to HIV/AIDS, better market access, and restoration of indigenous land ownership. The establishment of a grantee network was also a goal of the program and grantees were encouraged to network with other CSDP organizations. Overall, a total of 46 organizations received grants and training by the end of the program in September, 2004.
To reinforce NID`s efforts in building advocacy capacity, USAID engaged the services of Management Systems International (MSI), a U.S. consulting firm. Support provided under the NID and MSI mechanisms were extremely well received by target audiences and numerous activities conducted with this funding resulted in community action around local issues of concern. With MSI support and in collaboration with NID and other key organizations, the Namibia Association of Local Authorities Officers (NALAO) implemented an integrity systems improvement program in a number of municipalities, and the Ministry of Local and Regional Government and Housing adopted these policies for use in other local authority bodies.
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The current DG program
Since the conclusion of the previous Strategic Objective in September, 2004, the USAID/Namibia DG program has focused more narrowly on the interface between the Namibian citizenry and their elected representatives, under the Strategic Objective: Strengthened Interaction between Civil Society and Selected Government Institutions and the Intermediate Results Improved responsiveness to citizens by elected representatives and other selected government officials and Increased political engagement of civil society. Through a cooperative agreement with the local NID that is slated to run until 30 September, 2009, the program builds on consolidating the key achievements attained under the previous support. USAID`s program includes technical assistance, training, and grants that target institutions to reinforce the nexus between civil society and selected government institutions. Core activities are designed to build the capacity of parliament (members and staff) and regional councils to increase their constituency outreach capabilities and to facilitate broad-based participation of Namibians in democratic processes. The program also builds the capacity of civil society organizations (CSOs) to enhance their ability to conduct policy advocacy by strengthening linkages with elected representatives through the full utilization of all the political mechanisms available to Namibian citizens for engagement.
Key activities
Strengthen the Legislative Function/Legal Framework
To create a better functioning and more accessible constituency outreach system, and to help empower legislators at regional and national level to carry out their representative functions in a more effective and responsive manner, USAID helps to train Members of Parliament, Regional Councilors, and parliamentary staff. This support focuses on strengthening their capacity in a range of procedural, administrative, presentation and communication skills, so that they can make more efficient use of committees, public hearings, and fact-finding missions. Special emphasis is placed on the full utilization of all available formal and informal channels of communication, and includes the use of community radio, the Constituency Channel, Constituency weeks in the sub-national regions and IT-related means of linking to the Namibian citizenry.
USAID supports parliamentarians and Regional Councilors to acquire the capacity to conduct constituency outreach activities, as part of their consultative duties, in a more accountable way. Increasingly, training will strengthen their ability to capture, analyze, and incorporate input from civil society into the processes of policy formulation, legislative decision-making, and regional and local planning.
In order to "Namibianize"the program, and to work towards sustaining key program components and activities beyond the life of the present support, USAID has helped establish the autonomous, multi-partner Namibia Democracy Support Center (NDSC). This organization represents a unique and cooperative partnership between government and civil society organizations to formalize and further strengthen the interaction between selected government institutions and civil society in a coordinated and planned manner. It is envisaged that in future the NDSC will successfully secure additional funding to conduct non-USAID-funded activities that fall under the ambit of the NDSC`s organizational goals and objectives, including outreach, planning, policy formulation, and analysis.
Under the program, special emphasis is placed on the capacity of elected representatives to understand the implications and impact of HIV/AIDS on development and policy-making at national and regional levels and to provide interventions into the legislative and policy-making process that reflect civic inputs. Similarly, in order to provide complementary support to CBNRM-policy-related activities conducted under the CBNRM SO, additional attention is also paid to the progress of any relevant legislation being considered by parliament, and the capacity of parliamentarians to engage the public around any areas of concern and to bring these to parliament. In conceiving and designing any training activities, due regard is given to any special or additional gender-related needs parliamentarians might have. The overall aim to be achieved is the development of a cadre of elected leaders that is more capable of carrying out its representative functions, engages more fully with its constituents and is more responsive to their concerns and inputs.
Strengthen Civil Society
Concurrently, USAID provides technical assistance, training, and grants to civic groups and community-based media organizations to build capacity to advocate more vigorously and effectively around issues of local concern by utilizing various means of communication available to them, including the use of Information technology. USAID partners working in collaborative structures focus on enhancing the capacity of CSOs across all thirteen sub-national regions in Namibia to make use of parliamentary constituency outreach mechanisms, by providing advocacy skills training and institutional strengthening to civic groups across the country. Emerging community-based groups are encouraged to form strategic partnerships with other civic groups around key issues of concern and to network within cooperative structures that include stronger, more experienced NGOs. This enables them to participate more effectively in outreach and advocacy activities, such as public hearings and community meetings. Furthermore, it helps to increase the range and quality of the submissions made to elected representatives at the regional and national level and to increase the impact such inputs make on the legislative decision- and policy-making processes. Emphasis is placed on key sectors and policy concerns, such as HIV/AIDS and Community Based Natural Resource Management (CBNRM) and particular consideration is given to gender as a cross-cutting issue, in addition to providing support to civic groups wishing to advocate specifically around gender-related legislation. This facilitates optimal use of parliamentary systems to increase the dialogue on crucial matters between elected representatives and the Namibian citizenry, enabling especially emerging civic groups to voice their feedback and input more directly (with special focus on issues surrounding HIV/AIDS and CBNRM).
Anti-Corruption activities
The historic presidential transition that took place in March 2005 resulted in a new impetus for anti-corruption efforts undertaken by civil society in support of key institutions such as the Office of the Prime Minister, the Ombudsman’s office and the Office of the Auditor General. The new President has elevated a civic initiative, the "Zero Tolerance for Corruption Campaign"(ZTFCC), to national status. He has targeted mismanagement of public funds, poor service delivery and corruption as key government priorities, and directed the investigation of cases of alleged malfeasance. During 2005, he was instrumental in pushing for the establishment of a long over-due Anti-Corruption Commission (ACC). USAID support to the newly-established Commissioner and staff of the ACC through the ZTFCC presently helps raise the profile and effectiveness of that body. Additional activities focus on strengthening the capacity in government watchdog institutions and civic organizations, include the review of integrity systems, and the formulation of appropriate policies and procedures, the provision of technical assistance to staff in those bodies, the training of trainers from government and non-government organizations, a multi-media public awareness campaign and a media survey of corruption-related reporting in local newspapers.
The aim is to strengthen government institutions charged with the task of addressing corruption and help the development of a more active citizenry that takes responsibility for engaging with its elected representatives, participates more effectively in legislative and policy-making processes and holds its elected leadership more accountable.
Anticipated results
By the end of the Strategic Objective in September, 2009, it is expected that programs in the area of democracy and governance will have helped institutionalize a sustainable capacity to meet the organizational development needs of Parliament and civil society organizations and contribute substantially towards the consolidation and maturation of Namibia’s young democracy. Specifically, it is anticipated that the following results will have been achieved: (1) first-ever indigenous "Democracy Support Center" in Namibia institutionalized and functioning to support and sustain democratic practices and increase citizen-parliament interaction; (2) increased accountability to citizens enhanced; and (3) nationwide anti-corruption program strengthened and institutionalized.
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