>> VERSION FRANCAISE   
ISSUE N°16
DECEMBER 2004
 
C O N T E N T S
OF THE ISSUE
 
white cube Editorial
white cube Promoting Democracy
white cube Emergency situations
white cube Women in parliament
white cube Cooperation with the UN
white cube Human rights
of Parliamentarians

white cube Parliamentary developments
white cube In brief

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The World of Parliaments
Parliamentary developments

Brunei
On 25 September 2004, Brunei convened its parliament for the first time in two decades. Sultan Hassanal Bolkiah swore in the 21 members of the Legislative Council, an appointed body that had not met since it was abolished in 1984, after Brunei gained independence from the United Kingdom. The Sultan had announced in July 2004 that he would reconvene Parliament to “widen the opportunities of the public to engage and contribute to national progress”. The Legislative Council went into session to discuss amendments to the 1959 Constitution as part of the current political reforms in the kingdom. The highlight was a call to expand the Council to 45 members, 15 of which are to be elected. Brunei had last held legislative elections in 1962, but that elected Parliament never sat because the current Sultan's father and predecessor, Omar Ali Saifuddin, had disbanded it after the left-wing Brunei People's Party won the vote. Demands by this party for greater democracy and an end to the Monarchy were rejected, leading to an armed revolt that the government quickly crushed. A constitutional amendment in 1970 abolished the provision for elected members and another change in 1980 called for a 21-member unelected body.

Cambodia
On 8 July 2004, the National Assembly that had been elected in July 2003 met for the first time since the general elections. Together with the Senate, the National Assembly passed a new law modifying the Constitution, to pave the way for a new government, ending 11 months of political stalemate. The amendments allow the Parliament to confirm government and legislative officials in a single vote. Previously, individual votes were required for each appointment. As a result of the changes, the National Assembly jointly elected Mr Hun Sen as Prime Minister and his coalition partner Prince Norodom Ranariddh as the National Assembly Speaker.

The 24 legislators of the opposition Sam Rainsy Party boycotted the parliamentary session and the leader of the party described the new law as an illegal "constitutional coup". The Sam Rainsy Party was subsequently excluded from all parliamentary committees.

Canada
The Canada Elections Act and related statutes were amended by a bill that received Royal Assent in May 2004. The bill was a response to the decision of the Electoral experts at the House of Parliaments. Supreme Court of Canada, which stated that the 50 candidate threshold for party registration in the Act violated section 3 of the Canadian Charter of Rights and Freedoms. The bill lowered the candidate threshold from 50 to 1, and included, for the first time, a definition of political party. Parliamentarians expressed concerns over these provisions, and, in order to accommodate those concerns, a sunset clause was inserted at the committee stage in the House of Commons. This clause states that the amendments will cease to have effect two years after the day on which the bill came into force or, if Parliament is not then in session, 90 days after the beginning of the next session.

Georgia
On 12 October 2004, Parliament passed an organic law amending the provisions of the Electoral Law regarding by-elections. The amendment states that the participation of one-third of all eligible voters will not be necessary to declare by-elections valid. The new rules were applied to the by-elections held on 24 October 2004.

The members of Parliament also signed a parliamentary Code of Ethics under which they pledged to refrain from physical violence and the use of insulting language and to dress respectably.

Hungary
The Constitution was amended by Act CIX of 2003, in force as from 16 December 2003, to extend the powers of the Government. The Act empowers the Government to authorize the use of Hungarian and foreign armed units by decision of the North Atlantic Council, or the deployment of troops by decision of the North Atlantic Treaty Organization and to notify the Parliament and the President of the Republic.

The Law on Electoral Procedure was modified by Act CXIII of 2003, which is in force as from 27 December 2003. This Act extends the scope of the said law to cover the election of the Members of the European Parliament. It also determines who shall be entered in the register of voters and the conditions of valid voting. Subsequently, the Act XXXII of 2004 introduced a new chapter into the Law on Electoral Procedure, which sets the rules of the election of the Members of the European Parliament in detail.

The Act LVII of 2004 on the legal status of the Hungarian representatives to the European Parliament, establishes the rules pertaining to the legal status of the Hungarians nominated for a European parliamentary seat.

With respect to the accession of the Republic of Hungary to the European Union, the Standing Orders of Parliament were amended setting up a new Standing Committee dealing with European Union affairs. The Speaker may refer to this standing committee and other standing committees on European Union issues of strategic importance.

Japan
On 1 April 2004 a partial amendment to the law concerning remuneration, transportation and other allowances of the National Diet Members came into effect. It was decided to continue the reduction in the monthly remuneration of the Presiding Officers, Deputy Presiding Officers and other National Diet Members until 31 March 2005.

On 19 May 2004 a partial amendment to the law concerning the recruitment and the salaries of secretaries of Diet Members entered into force. According to this amendment, persons aged 65 or above or Members' spouses cannot be employed as official secretaries. Secretaries may not in principle hold concurrently any other job and it is forbidden to ask or require secretaries to make any contribution to certain organisation.

Lebanon
On 3 September 2004, Parliament approved with 96 votes for and 29 against the amendment of article 49 of the Constitution to extend the term of the current President of the Republic Emil Lahoud for three more years. Four ministers resigned in protest against this constitutional amendment.

Madagascar
The rules of procedure of the National Assembly applicable during the sittings when deputies put questions to the members of the Government have been improved.

These sittings are now broadcast live by the media. The oral questions have as a result become more spontaneous, and they now have to be topical and of national interest. Deputies who wish to ask oral questions must register beforehand with their parliamentary groups; by noon of the day before the sitting, the leader of the group or a representative then hands over to the Bureau of the National Assembly the number of questions to be raised for the government ministers concerned. The number of questions allotted to each group is proportional to its membership. Previously, oral questions had to be summarily described in writing, and were limited to elements required for an understanding of a given issue. Deputies wishing to ask an oral question used to hand in the text to the Speaker of the National Assembly, who notified the Government. The Chairpersons' Conference placed the questions on the agenda based on the list as it stood the day before the meeting.

Now, for a general question, deputies can move for a debate, and the Assembly then decides whether one is justified. If so, the author of the motion will have the floor for a maximum of 10 minutes (previously 30 minutes). The competent minister subsequently responds and debate then takes place. The minister may respond at any time if he or she so chooses.

Palau
On 2 November 2004, Palauan voters were asked to vote on five initiatives proposing to amend the Constitution. A sixth question was on the ballot, asking Palauans whether a Constitutional Convention should be held to review Palau's Constitution, which the Palauan people had ratified 10 years before. The proposed amendments were the result of a petition drive started by President Tommy Remengesau after he failed to reach an agreement with the Parliament to make several amendments through acts of law. The proposed constitutional amendments would: allow dual citizenship; allow the election of a president and vice president as a team; limit members of Parliament to three four-year terms; transform the Parliament from a bicameral to a unicameral parliament; and adjust parliamentarians salaries. Only four of the five amendments of the Constitution were approved. The proposed reduction of the number of parliamentarians chambers did not garner the votes needed to change the Constitution. A slight majority of voters endorsed the creation of a Constitutional Convention as a total of 5,085, representing 53 per cent of the total votes cast, voted affirmatively on this initiative.

Tajikistan
On 16 June 2004, the Assembly of Representatives (Majlisi Namoyandagon) passed amendments to the Elections Law. Of the 30 amendments proposed to the Assembly, some 24 were adopted by a large majority. These amendments reduce the deposit for candidates wishing to contest parliamentary elections in single-mandate constituencies from $3,300 to $450. Political parties will be required to pay the same $450 deposit for each candidate included on a party list, rather than pay a lump sum for the party list regardless of the number of candidates. The law also tightens regulations to prevent interference in the work of election commissions.

Among the amendments not retained was the one that provided for the inclusion in precinct electoral commissions of representatives of all registered political parties.

President Imomali Rakhmonov signed the election bill into law on 15 July 2004.

Turkey
On 5 May 2004, the Grand National Assembly approved a package amending ten articles of the Constitution that touch upon a number of areas including the judiciary, civilmilitary relations, freedom of the press and gender equality. These amendments include, among others, the abolition ofthe death penalty, full equality for women, and the abolition of the controversial State Security Courts, which in the past dealt with cases of terrorism. These courts had often been the focus of criticism from the West for not allowing defendants a fair trial. Another reform introduced by thepackage is that the Turkish Armed Forces would be accountable to the Parliament for its finances. The amendments were part of a series of reforms designed to comply with EU human rights standards.

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