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ISSUE N°27
OCTOBER 2007

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The World of Parliaments
Parliamentary developments

Chad
On 13 August 2007, the ruling Patriotic Salvation Movement party of President Idriss Deby, its allies, and the opposition "Coordination for the Defence of the Constitution" agreed to postpone parliamentary elections until 2009 and share power in the government in the meantime. The parliamentary elections had originally been planned for 2006 but were later postponed to 2007 for financial reasons. Another opposition group, the Federation Action for the Republic, declined to sign the agreement, demanding the involvement of Chad's rebels in the process. The agreement followed an eight-month long negotiation mediated by the European Union. It provides for the creation of a new Independent Electoral Commission, which would include opposition-nominated members, and the introduction of new computerized and tamperproof electoral lists and biometric voters' cards. The Coordination for the Defence of the Constitution, comprising 16 political parties, boycotted the May 2006 presidential elections, claiming unfair. All Electoral Commission members had been appointed by President Deby, making it possible for the electoral list to be tampered with.

Kenya
On 26 July 2007, ahead of the general elections scheduled for December, the government proposed to introduce 90 new seats in parliament, including 50 seats reserved for women. Public opinion on the matter was reportedly divided. While women activists have praised the bill as promoting women's representation in the National Assembly, some legal experts have called it discriminatory against men. On 15 August, the bill was declared to have lapsed after the National Assembly failed to vote on it, for lack of the quorum required for constitutional changes (65 per cent, or 145 of the parliament's 222 members). While 147 MPs were reportedly present during the debate, only 95 were counted when the quorum was tested. Under the rules of the National Assembly, the bill cannot be considered again for at least six months, thus not before the December 2007 elections, The elections will therefore be held for only 210 seats, with no seats reserved for women.

Madagascar
On 4 April 2007 a referendum proposing amendments to Madagascar's constitution was approved by 75.4 per cent of the voters. A total of 43.7 per cent of the country's 7.3 million registered voters turned out at the polls. The amendments approved empower President Marc Ravalomanana, who was re-elected in December 2006, to make laws during a state of emergency without parliament's approval. The country's six provinces will be abolished before October 2009, and English will be introduced as the country's third official language, after Malagasy and French. On 28 April, the High Constitutional Court validated the referendum results, and President Marc Ravalomanana promulgated the amended constitution the same day.

In the run-up to the referendum, opposition groups had campaigned against the constitutional reforms and had called for a boycott, arguing that the revised constitution would give too much power to the President. The government insisted that making English an official language would attract more foreign investors and thus contribute to the country's development.

Maldives
On 26 July 2007, President Maumoon Abdul Gayoom called the first-ever referendum for 18 August to decide on the country's future political system. Citizens over 18 years of age were asked to choose between a presidential and a parliamentary system. Approximately 150,000 of the 194,000 eligible voters cast their ballots, with 93,042 voting for the presidential and 57,109 backing a parliamentary system. President Maumoon Abdul Gayoom's ruling Dhivehi Rayyithunge Party (DRP) and three other parties campaigned for an American-style presidential system, while the main opposition Maldives Democratic Party (MDP) favoured a more accountable parliamentary system. The referendum followed what President Gayoom termed "slow progress" in the Special Majlis (Constitutional Assembly, one-third of whose members are presidential appointees) in agreeing on the form of government to be adopted. Opposition groups have claimed the President purposely tried to delay the constitutional reform process, so as to run for the next presidential elections under the current Constitution. Under the new presidential system, President Gayoom can stand for re-election in 2008. The referendum results will be reflected in the new Constitution, which is expected to be finalized in November 2007.

Nepal
On 24 June, the Cabinet postponed elections to the 497-member Constituent Assembly from June to 22 November 2007 in order to allow enough time to prepare for the elections. On 22 June, the Legislative Parliament passed the Election of Members of the Constituent Assembly Act, 2064 (2007). Under the Act, 240 members will each be elected through the "first-past-the-post" and proportional representation systems, while an additional 17 eminent persons will be appointed by the Council of Ministers. Persons indicted by a probe commission (the Rayamajhi Commission, tasked with inquiring into abuses of authority, losses and damage sustained during the People's Movement of April 2006) will be barred from competing in the Constituent Assembly elections.

Senegal
The Senegalese Senate was re-established in August 2007, in accordance with the Senate Bill passed by the National Assembly in January 2007 (see issue No. 25, April 2007). The new Senate is composed of 100 members: 65 appointed by the President of the Republic and 35 elected indirectly. The indirect elections took place on 19 August 2007.

Spain
On 30 May, the Parliament approved a motion requiring the executive to report annually on the positions taken by Spain at the World Bank and the IMF. The government will also have to report on the decisions taken by these institutions with regards to foreign debt, the fight against poverty and the Millennium Development Goals. The motion seeks greater transparency with regard to the financial resources allocated to the Bank and Fund; a strengthened presence of development experts and professionals in the international financial institutions (IFIs); and more research on the socio-economic impact of IFI actions undertaken at the initiative of Spain.

Sudan
As foreseen in the Darfur Peace Agreement and East Sudan Peace Agreement, which were signed in May and October 2006 respectively, representatives from all regions will sit in the National Assembly for the first time since its inception in August 2005. Twelve members of the Darfur States joined the National Assembly on 3 April 2007. Nine filled the vacant seats reserved for them, while three took over seats vacated by the ruling National Congress. Another eight members representing the Eastern States were appointed by a presidential decree on 25 June 2007 to fill seats vacated by the National Congress. These eight members are due to be sworn in in mid-October 2007, when the new parliamentary session starts.

Thailand
On 6 July 2007, the Constitution Drafting Assembly approved the final draft of a new Constitution for Thailand, paving the way for a constitutional referendum on 19 August. The interim government, led by Prime Minister Surayud Chulanont, called on citizens to support the draft constitution, which he said would prevent the emergence of overly powerful politicians, such as former Prime Minister Thaksin Shinawatra, ousted in the 2006 coup. Public opinion on the proposal, however, was divided. Pro-democracy advocates and allies of Mr. Shinawatra firmly opposed the draft constitution, arguing it would weaken the power of elected officials and political parties while giving more power to bureaucrats and the military. Buddhist activist groups, which had unsuccessfully campaigned for Buddhism as a State religion, also opposed the draft. In the end, 57.8 per cent of voters approved the draft, paving the way for general elections, planned for December 2007. On 24 August, the new constitution was published in the Royal Gazette after receiving the King's endorsement.

Under the new constitution, 400 members of the new 480-member House of Representatives are elected from multi-member constituencies, with the remainder chosen from party lists. The new Constitution has also removed the five-per-cent threshold required to win a seat, in order to facilitate the entry of small parties to the new House of Representatives. The socalled "90-day membership rule" has been maintained. The rule was introduced in the 1997 Constitution to prevent the creation of new political parties before elections (which are called within 60 days after the dissolution of parliament). The new constitution, however, reduces the required membership period from 90 to 30 days in the event that the House of Representatives is dissolved unexpectedly. The statutory number of Senators was reduced from 200 to 150, 76 of whom are directly elected (one from each of the 76 provinces). National and provincial committees, composed of bureaucrats and judicial officials, select the rest from names proposed by various organizations in the country.

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