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ENHANCING LEGISLATIVE OVERSIGHT: REGIONAL INITIATIVE. Dr Ladi Hamalai (MFR) Director-General National Institute for Legislative Studies National Assembly, Nigeria. OUTLINE. Introduction C hallenges of Legislative Oversight in the region NILS Legislative Oversight initiatives
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ENHANCING LEGISLATIVE OVERSIGHT: REGIONAL INITIATIVE DrLadiHamalai (MFR) Director-General National Institute for Legislative Studies National Assembly, Nigeria
OUTLINE • Introduction • Challenges of Legislative Oversight in the region • NILS Legislative Oversight initiatives • Proposed Regional Initiatives • Conclusion
INTRODUCTION • Parliament embodies democracy. It is the central institution through which the will of the people is expressed, laws are passed and government is held to account. (IPU 2014) • Most important legislative function (NDI 2000, Pelizo and Stapenhurst 2002; 2004) • “the review, monitoring and supervision of government and public agencies, including the implementation of policy and legislation” (Yamamoto 2007)
cont • Thus, legislative oversight focuses on policy, programme and projects of the government • Purpose: • To detect and prevent abuse • To hold government accountable • To ensure policies are actually implemented • To improve transparency
challenges • African Governance Report (AGR-II- 2009) observed that the capacity of the legislature to perform its functions efficiently and effectively is a major concern in many African countries • Inadequacy of tools (see Dramman 2014) • High turnover of MPs and weak institutional capacity • MPs quality and independence • Inadequacy of executive response to alleged corrupt cases found • Abuse of Legislative investigative power • Inadequate access to research and information;
cont • Dearth of parliamentary facilities and poor documentation • Lack of high quality technical/professional support staff; • Poor public perception of the legislature; • Wide capacity gap compared to the executive arm of government;
Previous Efforts to Address these Challenges • capacity building programmes, in the form of orientation courses, induction for New Members • Training programmes, • Workshops • Round table, • Inter-parliamentary Exchange Visits, • Seminars • Are they adequate?
NILS: A BRIEF BACKGROUND • Started as PARP (2003-2011) co-funded by ACBF and National Assembly, Nigeria • National Institute for Legislative Studies (NILS ) was established by an Act of Parliament in 2011, and charged with the responsibility of conducting quality academic and professional research, training and advocacy on democratic governance and legislative practice and procedures in Nigeria. • The Institute’s mandate however extends to State Assemblies and the ECOWAS Member Parliaments.
ADMINISTRATION OF OPERATIONS The following are the operating procedures the institute used in achieving its mandate • Needs Assessment • Development of a Workplan • Workplan Implementation • Workplan monitoring Evaluation • Half-Yearly and Yearly implementation status report • Periodic Impact Assessment • Mid-term Review every 2 years.
COLLABORATIONS • United Nations Department of Social and Economic Affairs (UNDESA), Kenya • Africa Capacity Foundation (ACBF) • International Center for Theoretical Physics • Global Center for ICT in Parliaments, Italy
COLLABORATIONS • Harvard University (Kennedy School of Government), John Hopkins University, International Law Institute Washington DC, Public Law Institute Tuelen, NCSL and Oxford University • Eastern and Southern African Management Institute (ESAMI), Tanzania Nigerian Government Ministries, Departments and Agencies (MDAs) • United Nations Development Programme
COLLABORATIONS Canadian Parliamentary Centre • Westminster Foundation for Democracy • European Parliamentary Association with Africa (AWEPA)
NILS INITIATIVES ON OVERSIGHT • Induction for new legislators (state and Federal),, legislative aides and committee clerks • Exchange of Experience visits to national parliaments • Research reports and publications to enhance investigative or oversight skill • International Tailored-made Training on Mastering Negotiation: to improve negotiation skills for legislators • Review of Parliamentary ethics • Development of induction tool kits
MAJOR INTERNATIONAL AND NATIONAL CONFERENCES • Law Reform Conference July 2012 with about 300 participants from Nigeria and 20 countries. • Roundtable conference on Party and party politics in Nigeria in November 2012 with over 300 participants spanning leaders and members of all political parties. • Emerging Democracy in Africa: Challenges and Opportunities with over 400 participants from over 20 countries. • The First African Legislative Summit was held in Abuja in November 2013, with over 1300 participants and 40 heads of delegations from African countries, effort at institutionalizing the summit is presently receiving attention in almost all national parliaments in Africa
Initiatives: NILS -DGD • Development of Oversight Legislative Manual/Template
NILS CAP • Exchange programs with other parliaments, UK parliament for exchange of best practices • Regional Dialogue sessions
OTHER Proposed Regional Initiatives • Inter-Parliamentary Exchange visits • Regional conferences • Regional Dialogue session with relevant stakeholders in the region • Pool funds to address some Capacity challenges and infrastructure • External Assistance in terms of capacity building and funding • More empowerment for the ECOWAS parliament • Building strong legislative ethics control • Enforcement of regional rules and sanction regime • Standardization of Parliamentary Information System • For efficient information sharing
cont • Enhancing cooperative efforts with CSOs • Prompt attendance to the issue of high turnover of legislators • Tolerance of constructive opposition party in the region ( Kenya and Uganda, good example parliamentary Commission • Provision of immunity from persecution for acts done or statements made while performing oversight duties
conclusion • Compliance increased • Welfare improved • Democracy deepened • Public trust enhanced