PARLIAMENTS IN CONFLICT & POST-CONFLICT SITUATIONS Introduction for the

1. PARLIAMENTS IN CONFLICT & POST-CONFLICT SITUATIONS Introduction for the UNDP/IPU Study Group Meeting 20-22 July 2005 Randi Davis Parliamentary Development Advisor Bureau for Development Policy, UNDP

2. UNDP and Governance • Democratic Governance • 45% of programme resources versus 22% for poverty and 16% for crisis prevention/recovery, etc. • 132 out of 139 Country Offices (95%) • Parliamentary development • 1996: 5 projects; 2005: 51 projects • Electoral systems and processes (40 projects) • Democratic dialogue and constitutional reform (49 projects)

3. Why We Are Here ASSUMPTIONS • Parliaments are critical to the long-term democratic development of a nation • Legitimate, functioning parliaments serve as national, long-term conflict prevention mechanisms • Current conflict prevention and recovery strategies do not sufficiently take the above into account

4. Observations • What comes after the election: • Hyped expectations • Too little too late – more than just government • Imbalanced support to executive and civil society • Insufficient consideration to long-term development needs of parliament or its role in peace-building and recovery; undue focus on legislative responsibilities • Peace negotiations/settlements lack sufficient consideration of long-term implications for development of parliamentary democracy • Power sharing agreements such as awarding of seats to end conflict, adoption of bicameralism, political party laws, etc. • National dialogue and reconciliation processes that bypass parliaments • Creation of new institutions to deal with dialogue and reconciliation • Parliaments not given space to discuss issues relating to conflict (e.g., Uganda) • Taboo to discuss root causes of conflict (e.g., Rwanda)

5. Studies on Parliaments in Conflict/Post-conflict • Document and learn from experiences, both positive and negative • Identify, in a coherent manner, the roles parliaments can and should play in the context of conflict and post-conflict situations • Document the obstacles preventing parliaments from playing these roles • Generate recommendations and findings to guide local stakeholders and the international community so as to enhance parliament’s roles in conflict prevention and recovery – with a view to fostering enduring peace and democratic governance

6. Case studies Case studies Case studies Case studies Case studies

7. Scope of Case Studies • Basic assumptions about democracy/participation and parliaments: • Conflict is natural and democracy is the peaceful management of conflict • A legitimate, effective and functioning parliament ensures that naturally emerging conflict does not degenerate into conflict • Wide definition of conflict to include social and economic conflict/crisis on a national scale – that could potentially lead to violent conflict • Recognition of the circular nature of conflict; nevertheless, need to influence the conflict prevention and recovery community and furnish specific recommendations

8. Objectives of This Meeting • First opportunity to share learning across regions • Generate recommendations and findings on two levels: • The role parliaments can play in conflict and post-conflict situations • What external actors (e.g., donors, regional parliamentary forums, etc.) should do to: • Ensure that international conflict prevention and recovery efforts strengthen parliaments’ long-term role in democratic governance and do not undermine it • Ensure that parliaments are supported to play an active role in conflict prevention, resolution and recovery • Move beyond a discussion on power sharing arrangements, electoral design and constitutional reform to a broader range of issues

9. Issues: Prevention/Resolution • Parliamentary engagement in conflict resolution: • Is parliament involved? • Is such involvement individualized or institutionalized? • Do external actors engage parliaments in their efforts? • Regional or international parliamentary associations’ role in conflict prevention/resolution • Parliaments law-making and budget oversight functions as a means to address causes of social tension or socio-economic exclusion • Parliamentary tools of public hearings, investigations, etc. to address matters of national concern • Parliamentarians and political parties as messengers of peace and resolution – to what extent are they engaged? • Electoral, political, and constitutional reforms – what is parliament’s role?

10. Issues: Negotiations & Settlements • Parliaments’ roles in negotiations and settlements: • Are they involved in decisions which shape them? • As individuals or parliaments, institutionally? • How does the international community involve them? • Impact of settlement on long-term functioning of parliament • Who decides sequencing of transitional processes (e.g., electoral law, constitutional commissions, elections, etc.) • Appropriate role for legislative bodies during times of transitional leadership. Are they a vehicle for popular participation? Do they have oversight roles? Who takes the leadership, and under what conditions?

11. Issues: Post-conflict Recovery • Parliaments’ roles in: • National reconciliation, transitional justice, truth seeking • Ensuring independence of the judiciary • Security sector oversight • Enacting legislation to address recovery: laws on refugee reintegration, land reform, inheritance, DDR, etc. • Political party development and the rights and roles of opposition parties; issue of immunities and freedom of speech • Parliamentary capacity building – is it sufficient and timely? Does it address the structural deficits (e.g., rules, immunities, etc.) Are confidence building and power sharing measures in place? (e.g., Mozambique) • Parliament’s role in pro-poor development? Does parliament have a say in international aid and debt matters? • Parliament and civil society – in competition or collaboration? • Parliament as ‘pressure valve’ – a forum for politicizing conflict rather that permitting it to degenerate into violence