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Political Parties in the Context of Legislative Effectiveness By
Hon. Peter Oloo Aringo, E.G.H., M.P. INTRODUCTORY REMARKS The last two decades of the 20th century saw an upsurge and historic shift in the global spread of democracy. In Africa alone 29 countries in the sub-Saharan Africa, 23 countries in Europe, 14 in Latin America, 10 in Asia and 5 in the Arab state, took fundamental steps towards democratization. This wave came in various ways such as the overthrow of authoritarian one party regimes entrenched with deeply rooted colonial legacies and through the introduction of multi-party elections or both. These were significant advances in the development of democracy. However, in recent times there have been mixed results in the practice of democracy in these countries and around the world, which clearly demonstrates that the process of deepening democracy and making it work for our societies in Africa has barely started. Today, 49 of the 81 countries are considered functioning democracies, then a good number of the emerging democracies have fallen under the disturbing spread of illiberal democracies e.g. In Zimbabwe, where the elected government acts the same as their authoritarian predecessor depriving citizens of human rights and ignoring constitutional limits on power. The transition from the single party state to a multiparty state was acrimonious in some cases. In Kenya, for example, the ruling party treated the new opposition parties as enemies to be destroyed. One may ask what role political parties play in actualizing democracy? This question may extend to find out what effect political parties have in the operations of the legislative business of a country. Political Parties are the vehicles through which the people express their preference for public policies and capture power by their capture power by forming the government and controlling the legislative agenda of parliament. In some African countries, dissent was criminalized and this undermined the development of multiparty democracy. Legal and extra legal means were their when used to deal with dissenters. For example- assassination and ethnic genocide. Many Africa countries have gone through the transition from the monolithic single policy to the multiparty state in while strong resistance from dictatorial regimes. 1) Kenyatta referred to the opposition KPU as poisonous snakes which should be destroyed 2) Two finger marked the return of multiparty Finalize of the ruling party ordered that those who displayed the two finger should have their fingers chopped off. This paper will attempt to establish the dichotomy that exists between the institutions of political parties whether formal, informal and the legislature in an increasingly democratizing continent. KEY HIGHLIGHTS A well functioning democracy depends on well functioning political parties -responsive to people, but new democracies does not mean new parties. The older political party in Africa is the ANC which formed the necessarily after apartheid. In many African countries these parties are not yet able to fulfill their traditional functions of political/ civic education, mobilization and representation of diverse interests. In most African countries opposition parties disappear between elections, while ruling parties whether coalitions or not behave like they operate under single party systems long after transition has been realized. A dearth of public funding and limits on fundraising leave parties dependent on a few wealthy individuals to finance their activities and campaigns. And with perks and patronage flowing from the ruling parties, politicians are increasingly switching party affiliation, i.e. "crossing the carpet". In Kenya the popular term is "defecting", which has since functionally become stale i.e. it is now possible for sitting Members of Parliament to "defect" without occasioning a by-election. This practice has become so common that some governments as in Benin and Niger have made it illegal. Quite too often the organizational structure of most political parties in Africa is anything but participatory. Parties that are not open and transparent are unlikely to become democratic in their policy commitment. They are unlikely to provide democratic governance for the country. Without the practice of internal democracy parties merely become individual fiefdoms! Charismatic leadership more than party platform is the pivot which drives party loyalty. Creating a culture of democracy and nurturing the spirit of dialogue in political parties is the most essential and vital determinant to their harmony, strength and existence. At the very least this should involve open, structured and competitive elections for party leadership. Such a requirement would be useful to include in any agenda for political reform. Elections are complex and sensitive processes which require thorough and systematic organization. Improving country wide voter registration rolls and setting up independent electoral commissions are cornerstones of a free and fair system. This has been Africa's most cancerous undoing in holding democratic elections. The inclusion of parties and candidates as stakeholders, monitors and defenders of elections, and not just as contenders, can help to ensure and achieve stability. In Mozambique, in 1994 and Rwanda in 2003, party representatives were included in every aspect in the run-up to the elections. Parties should be in the for front in championing electoral reforms that would produce a parliament that would represent the majorities and authorities in the country. The convergence of political parties and the institution of Parliament hinges on representation of the electorate -both organs are key vehicles for formal political participation, representation and equally play critical oversight roles. In Kenya for instance, out of 50 registered political parties real representation is felt through the parliamentary parties which include the NARC coalition of parties, the official opposition party KANU, Ford People, Safina, Shirikisho, Sisi kwa Sis etc. The Kenyan scenario offers a very interesting blend of a government of national unity and the "winner-takes-it-all" model of executive governance. To a large extent the current NARC government commands unquestionable majority in the Ninth Parliament. Traditionally, any coalition government surmounts convincing parliamentary strength by virtue of having many votes from their constituent parties in the House. However, this tradition has often been broken due to inadequate consultation between the constituent parties that form the coalition. Interestingly, it is emerging that consensus is not automatic and that perhaps the most vibrant opposition is demonstrated by the liberal wing of the coalition rather than from the official opposition party. This unpredictable cohesion between the coalition itself and other parliamentary parties has a direct effect on the legislative effectiveness of political parties in pushing their agenda through the House. Admittedly, it is imperative to draw consonance between the strength of the party and its effectiveness in pursuing its agenda both through its manifesto and party-supported bills in Parliament. The critical question becomes how can African countries strengthen their systems of representation? Whether in established or new democracies, the efforts that tend to achieve results have the following common elements. The strengthening of democratic institutions to promote more effective participation by people and more responsive decision-making by those in Parliament is just the beginning. An alert citizenry is what makes democratic institutions and processes work. Political pressure from below signified through effective representation by members of Parliament forms the most effective trigger of change. This requires the intensification of continuous civic education of the electoral 20 rules they underlined good governance and their party nation in citizenship. African legislatures must now start to embrace the process of democratizing their institutional structures to attune to emerging demands of democracy. It is only through achieving full autonomy from the executive and full professionalization that Parliaments in Africa will actualize their constitutional mandates of representation, legislation and oversight functions. Parliamentary authorny requires constitutional and legal frame works that will enable parliament to control its own budget and to employ the staff what support the members in the exercise of their it is parliament which enacts to implement party. Improving governance in political parties is key -with ethical standards, training, discipline, and better financial management. Parties must embark on a process of professionalizing party management e.g. the Labang Demokratikong Pilipino Party of the Philippines is working on the problem of patronage, by establishing a research institute and conducting seminars and policy discussions. There is constitution between the parliaments of Tanzania, Uganda and Kenya to share there experience by creating an East Africa Parliamentary institute. Promoting the participation of minorities and women. Political parties have been a major institutional factor behind the skewed under- representation of minorities and women. The situation is gradually improving but is still far from satisfactors. In 103 countries the proportion of women in Parliament increased between 1995 and 2000, but around Africa it still averages below 10%. Affirmative action is often needed to overcome entrenched obstacles. Quotas, either in legislation or in parties have been used in the countries with the highest representation of women in Parliament and are making progress where female participation in politics is historically low such as in South Africa and France in Europe. Building strong and transparent electoral systems: - Many countries both long-established and new democracies must embark on reforming their electoral systems. This will form the foundation of ensuring proper and fair management of elections by the citizenry. The effect of this is popular and responsive leadership and a satisfied populace living in harmony and peace; which are the ingredients for attracting investments at the local, regional and international levels. Limiting the distorting influence of money in politics: The reform of political finance must now be debated actively in African countries with the aim of improving transparency, leveling the playing field (by setting limits on spending and contributions), encourage public subsidies and grassroot contributions and manage undue corporate and international influences on public policy. The upsurge in allegations of political corruption has necessitated a common response by new laws in Europe and America. In these initiatives the core concerns include disclosure laws, spending limits, contributions limits, and ban on certain types of donations, direct and indirect subsidies for parties and candidates and subsidies for political broadcasting. Kenya is preparing a Bill that will streamline the registration of which parties and provide for the funding for parliamentary parties. CONCLUDING REMARKS The future of Africa belongs to democracy -at all levels of governance, advancing ethical, legal and political values based on dialogue and the free exchange of ideas. All democratic institutions must avoid subversion of which by corruption. Political parties and legislatures in Africa owe it to the people of Africa to put in place effective and fair systems of representation to achieve their well-being and dignity as part of the global community. The ADF should recommend the irritation of programmers designed to leaders of political parties to acquire leadership in the running of political parties and in training their members to strengthen political and to understand practice the democratic culture. Hon.
Peter Oloo Aringo, E.G.H., M.P.
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