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ISSUE N°18
JULY 2005
 
C O N T E N T S
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white cube Editorial
white cube The challenge of the Second Conference of Speakers of Parliaments
white cube Human rights
white cube Women in parliament
white cube Cooperation with the UN
white cube WTO Public Symposium
white cube IPU & UNITAR
white cube Parliamentary developments
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The World of Parliaments
Parliamentary developments

Burundi
After numerous postponements, a new Constitution was approved by an overwhelming majority of 90.1 per cent of voters in a referendum held on 28 February 2005. The Constitution provides for the sharing of power between Tutsis and Hutus, the main ethnic groups which make up respectively 14 and 85 per cent of the population. Of the seats in the National Assembly, 40 per cent will be reserved for Tutsis, while Hutus will have 60 per cent. Seats in the Senate will be shared equally between the two groups. The first election to be held under the new Constitution, originally scheduled for 22 April 2005, has been postponed to 4 July 2005, to be followed by presidential elections on 19 August 2005. The transition period is due to end on 26 October 2005.

Canada
Following the election of a disabled person to the House of Commons, modifications were made to the House's Standing Orders to "permit the full participation in the proceedings of the House of any Member with a disability". This allows the Speaker to exempt such a member from the requirement to stand for debate and voting. Disabled MPs are now allowed to be accompanied by an assistant on the floor of the House.

Egypt
On 8 and 10 May respectively, the upper and lower houses of the Egyptian parliament adopted a constitutional amendment paving the way for the first multi-candidate presidential elections. Under the old system, the parliament chose a single presidential candidate and Egyptians could vote only for or against that candidate in a referendum. Following the amendment, the electorate will vote for presidential candidates in a direct, secret ballot. Presidential candidates are required to fulfill a number of conditions. They must be a member of an official political party which has existed for at least five years or, if running as an independent, obtain the support of a wide range of elected representatives, including a minimum of 65 recommendations from the lower house, 25 from the upper house and 10 from the members of the local councils located in at least 14 of the country's governorates. The first presidential election to be held under the revised electoral law is scheduled for September 2005.

Germany
On 21 December 2004, the Twenty-Fifth Act to Amend the Act on the Legal Status of Members of the German Bundestag and the Twenty-First Act to Amend the Act on the Legal Status of Members of the European Parliament were published in the Federal Law Gazette. The amendments lay down various cost-cutting measures, inparticular the gradual reduction of pension benefits payable to Germanparliamentarians and their surviving dependants. Members will also now pay the full contribution totheir health insurance. The amendment to the Act on the Legal Status of Members of the European Parliament harmonizes the benefits payable to German members of the European Parliament with those accruing to members of the German parliament.

Georgia
On 17 February 2005, the Georgian parliament approved several constitutional amendments concerning the organization of the legislative branch. From the next legislative elections in 2008, the size of the parliament will be reduced from 230 to 150 deputies. Of these, 100 members will be elected from party lists, while 50 others will be returned from single-seat constituencies.

Iraq
Elections for the 275-seat Transitional National Assembly (TNA) were held on 31 January 2005. An estimated eight million people voted. The Shia United Iraqi Alliance won a majority of the seats, while a coalition of Kurdish parties came second in the poll. While the Transitional Administrative Law reserves 25 per cent of the TNA's seats for women, 87 women won seats in the election, accounting for 32 per cent of the membership. On 16 March, the TNA met for the first time. On 6 April 2005, it elected Mr. Jalal Talabani President of Iraq, following the election of Mr. Hachem al-Hassani as Speaker of the TNA. Extra time was required to reach agreement on the composition of the new Government. Finally, the first democratically elected Government in 50 years was sworn in on 3 May. The main task of the TNA is to prepare a draft Constitution by 15 August (with a possibility of extension of the deadline for up to six months), to be submitted for approval by referendum by 15 October. Elections are to be held by 15 December, to pave the way for a new Government to take power on 31 December 2005.

Kenya
The National Rainbow Coalition came to power in December 2002, promising a new Constitution to replace the current one, which dates from the country's independence in 1961. On 15 March 2004, the long-awaited draft of the new Constitution was finalized by delegates of the National Constitutional Conference, consisting of members of parliament, elected representatives from each district as well as representatives from civil society and religious and professional bodies. A proposal to reduce presidential powers, which went against the Government's wishes, and to create a post of executive Prime Minister raised a great deal of controversy. Although President Kibaki announced that the new Constitution would be adopted by the parliament, Kenya's High Court ruled that the draft must be approved in a referendum. On 29 December 2004, President Kibaki signed the Constitution Review Bill, which became law upon publication in the Kenya Gazette, on 22 April 2005. A simple majority of Members of the National Assembly, instead of a two-thirds majority, is now required to amend and approve the draft Constitution. Once the draft is passed by the parliament, the Attorney-General will draw up the final draft, which will be submitted for approval in a national referendum. According to the same Gazette, only registered voters will participate in the referendum, which is scheduled for late 2005; a simple majority vote will suffice to pass the Constitution.

Kyrgyzstan
In accordance with the results of a referendum held in February 2003, a unicameral parliament has been introduced. The 75- seat Supreme Council (Jorgoku Kenesh) replaces the 45-seat Assembly of People's Representatives and the 60-seat Legislative Assembly. The term of members remains unchanged: five years. The first elections to the Supreme Council were held on 27 February 2005. Complaints about irregularities during the election process fuelled protests in the south, which spread throughout the country, leading to the sudden departure of President Akayev on 24 March and the collapse of the Government. A legislative crisis loomed amid calls for the bicameral parliament to be reinstated, until 29 March when the members of the outgoing parliament voted to dissolve that body, clearing the way for the installation of the new unicameral legislature. The incoming parliament confirmed Mr. Kurmanbek Bakiev as interim President and Prime Minister, and scheduled a special presidential election for 10 July 2005.

Russian Federation
On 15 April 2005, the lower house (State Duma) adopted the Political Parties (Amendment) Bill (No. 96886-4) and the State Duma of the Federal Assembly (Elections) Bill (No. 118923-4). The amendment to the Political Parties Act increases the required minimum party membership from 10,000 to 15,000 and establishes a transition period during which political parties that are already registered must increase their membership to 15,000. It stipulates that if an existing party is unable to fulfil the requirement, it must forfeit its status as a political party and transform itself into a voluntary association, or be dissolved. The State Duma of the Federal Assembly (Elections) Bill (No. 118923-4) stipulates that as of 2007 all 450 deputies in the lower house will be elected from party lists, drawn up pursuant to the Political Parties Act. Under the current electoral law, 225 deputies are elected from lists from the country as a whole, and 225 are elected in single-seat electoral districts. Seats in the State Duma will be distributed among those federal lists that secure at least 7 per cent of the votes cast, up from 5 per cent. In addition to consolidating the place of political parties, the new provisions have the effect of limiting access to the State Duma for small parties and independent candidates. The bills, approved by the upper house (the Council of the Federation) on 11 May 2005, require the President's signature to become law.

Sudan
On 20 December 2004, the National Assembly amended Article 72 of the Constitution, extending its term of office for up to one year. In January 2005, after two years of negotiation, the Government, traditionally dominated by northern Arabs, and the former rebel Sudan People's Liberation Movement (SPLM) agreed to a peace deal that would end the civil war that has been onjoing for over 20 years. This agreement makes provision for the sharing of power and resources between the Muslim north and the south, where the majority of the population is Christian and animist. A 60-seat constitutional commission was established to review a draft Constitution prepared by the Government and the SPLM. A new Government of national unity will be sworn in once the new Constitution is approved by the parliament and the SPLM's General Assembly, as specified in the peace agreement.

Uzbekistan
Following the decision to establish a bicameral parliament, approved by the referendum of 27 January 2002, the first election under the new system was held in Uzbekistan on 26 December 2004 (first round) and 9 January 2005 (second round) for the Legislative Chamber (lower house), and from 17 to 20 January 2005 for the Senate (upper house). The parliament (Oliy Majlis), which used to have a single chamber of 250 members, has now been replaced by the lower chamber of 120 members, directly elected for five years, and the upper house with 100 members, who also serve a fiveyear term. Of the 100 senators, 84 are chosen by the members of local Councils of People's Deputies (six each from 14 districts, including the Republic of Karakalpakstan, 12 provinces and the city of Tashkent), and 16 are eminent citizens appointed by the President.

The rule on the validation of polls was also revised. The previous requirement for a turnout of 50 per cent has been removed, and it is now sufficient to have a 33 per cent turnout in each district to validate an election. Another major change is the adoption of a 30 per cent quota for women candidates to the Legislative Chamber. In the election held in December 2004, 159 out of 500 candidates, or 31.8 per cent, were women, of whom 21 were elected (or 17.5 per cent of the total elected). There is no quota for the number of female deputies. However, this represents an increase since the last election was held in 1999, in which 18 women were elected out of 250 deputies, or 7.2 per cent.

Zimbabwe
According to a notice published in the Government Gazette on 14 January 2005, President Robert Mugabe signed into law two controversial electoral reform bills which had been passed by the National Assembly last year: the Electoral Commission Act and the Electoral Act. The former provides for the establishment of a new commission composed of five members to run elections in the country, while the latter creates a new electoral court to deal with electoral disputes.

The main opposition party, the Movement for Democratic Change (MDC), has criticized both bills for their failure to ensure the independence of the two bodies, claiming that the new commission will largely be influenced by the President. The Chairman of the Electoral Commission will be appointed by the President, and the other four commissioners will be nominated by a parliamentary committee, which also is dominated by the ruling Zimbabwe African National Union - Patriotic Front (ZANUPF) party. The ruling party also plans to push for the amendment of the Political Parties (Finance) Act in order to obtain up to 65 per cent of state financial grants. Such a change could drive the MDC, which currently receives 49 per cent of state grants, into a financial crisis, as the government has banned political parties from receiving funds from foreign donors and Zimbabweans overseas.

Apart from the promulgation of the two Acts and the reform regarding state grants, new requirements for the registration of voters were announced in January 2005 in The Herald, the official government gazette. Voters in urban areas will have to present inspection officers with payment slips for water, electricity or other utilities, or present written statements from landlords confirming their tenancy within their constituency. Those in rural areas will have to produce a written confirmation from their ward councillors and traditional chiefs. As the new conditions were published in The Herald nly at the last moment before a general election was to take place, it was feared that many citizens would disregard them, thus running the risk of being disenfranchised.

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