Parliamentary Oversight of the Security Sector: Lessons from Ghana

More documents

Recommendations

Info

internal conflict that threatens to result in humanitarian disaster, or poses a threat topeace and security in the sub-region; serious violation of human rights and the rule oflaw; and the overthrow or attempted overthrow of a democratically-elected government.7.4.1 Implications for Security-Sector Transformation: Policy RecommendationsDevelopments within ECOWAS have a number of implications, not just for regional andinternational security, but particularly for the future of Africa’s security and emergingsecurity architecture, its national security institutions, and their transformation. Keyimplications and requirements include:i. The development of a division of security-related responsibilities among keycontributing states. For example, Ghana, which has a record of – andpreference for – involvement in traditional peacekeeping, could specialize inpreventive deployment and peacekeeping. Nigeria and Guinea, which havedemonstrated readiness to participate in enforcement operations, includingensuring compliance with embargos, could be tasked with operations thatrequire the use or the threat of the use of force. Senegal could be tasked withpeacebuilding functions, given the nature of its role in select peace operations.ii. Unified training and doctrine relevant to the concept of operations envisagedunder the protocol. This might require separate planning for preventivedeployment, peacekeeping, enforcement and multi-functional operations.iii. A common understanding and acceptance of strict conditions for deployment oftroops, including adherence to the values collectively adopted by memberstates – such as preventing human rights violations, upholding the rule of law,and firmly opposing coups d'etat.iv. The ECOWAS Commission must be designated the executive authority forinitiation and implementation of peace operations, and given full political controlthroughout these operations if the efforts to operate – and regulate the conductof – regional peace forces is to be successful. Eventual direct elections toECOWAS Parliament and its provision with legislative authority will contributeto achieving effective governance of a sub-regional military force. The level ofinteraction and collaboration by civil society groups across borders and theirlinkage will also determine the extent to which that organization will influencethe transformation process in national militaries.7.4.2 The envisaged role of the ECOWAS Community ParliamentOne of ECOWAS’s most critical and innovative investments in peace and security is theCommunity Parliament. The Parliament was established by the 1993 revised ECOWAStreaty. The treaty provided few details concerning the Parliament, providing that “themethod of election of Members of the Community Parliament, its composition, functions,powers and organization shall be defined in a Protocol relating thereto.” 110 The ProtocolRelating to the Establishment of an ECOWAS Parliament came into force on March 14,2000, and the Parliament was inaugurated eight months later in Bamako, Mali. The110 Ibid. ECOWAS, 1998, Article 13 (2).24
Parliament is a 120-member strong body whose members, it is hoped, will eventually bedirectly elected to five-year terms. 111Pending direct elections, national legislative assemblies have electedmembers of the regional parliament from among their own ranks. This ad hoc transitionalphase was not provided for in the Protocol, which is unclear about how parliamentariansshould be chosen. The Parliament is required to meet at least twice a year, in sessionslasting a maximum of three months. 112 Extraordinary sessions can be held at the requestof the ECOWAS Chairman or a written request by a majority of the parliamentarians.Each member state is guaranteed at least five seats in the Parliament. Forty seats areallocated based on population size, 113For the time being, the Parliament’s role is mainly advisory. Although it can, intheory, comment on all Community-related issues, it has no legislative powers and it haslimited its purview to human rights and fundamental freedoms. 114 However, it provides aforum for dialogue, consultation, and consensus. ECOWAS has identified improving theParliament’s oversight of the security sector and its organs as crucial for improving bothgovernance and human rights in the sub-region. Moreover, there is a growingrelationship between the ECOWAS oversight committee and national legislativeassemblies, including Ghana’s PSCD&I in terms of exchanging ideas and experiences.There are also two members of Ghana’s PSCD&I who serve on the ECOWASCommittee.There are several uncertainties about how the Parliament functions and how itdelegates duties to its committees. Despite the history of violent conflict, security andconflict prevention were not included as part of the Community Parliament’s definedareas of competence. 115 The Parliament, however, did establish a Committee onDefence, Security, and Integration (CDSI) after it convened. But while the CDSI it is alegal committee, it does not have legislative powers. Without the power to legislate,influence procurement, or influence policymaking and implementation, the Committee’soversight over ECOWAS or regional security issues lies solely in the merit of its actionsand, possibly, its reports. Indeed, at its first plenary session in January 2001, ECOWASparliamentarians elected a Malian politician, Ali Nouhoum Diallo, as speaker. Dialloasserted in his first public statement that his priority would be to maintain peace andsecurity in the sub-region. 116 He posited that “[the Parliamentary Committee on Defenceand Security] will have to go to Cote d’Ivoire to pacify the northern and southernpopulation. Next is Liberia and Guinea. There is also no security in…Sierra Leone.” 117Meanwhile, the relationship evolving between the ECOWAS Parliament’sDefence, Security, and Integration Committee and various national government securityorgans is tense, but potentially fruitful. The chair of the DSCI also identified the conflicts111 Ibid. ECOWAS, 2000.112See “Extra Ordinary Session of the Council of Ministers, Final Report,”http://news.ecowas.int/en/presseshow.php?nb=28&lang=en&annee=2006, accessed 3 June 2008.113 Thus, Nigeria, with 110 million people, has 35 seats total. Ghana and Cote d’Ivoire have eight and sevenseats, respectively. Burkina Faso, Guinea, Mali, Niger, and Senegal have six members each, and Benin,Cape Verde, the Gambia, Guinea Bissau, Liberia, Sierra Leone, and Togo have five each.114 Ibid. Ghanaian Times, 4,115 Ibid. ECOWAS, 1994, Article 6.116 Pan African News Agency, 29 January 2001.117 Ghanaian Times, 8 January 2001, 4. The cautious tone may be related to the ‘illegal’ role that Nigerianlegislators are playing in the ECOWAS Parliament. The Protocol does not provide for nor permit double(national and ECOWAS) mandates for parliamentarians. Section 68 of the 1999 Nigerian Constitutionmeanwhile states that ‘a member…loses his seat in the House of which he is a member if he becomes amember of another legislative house’. The ECOWAS Parliament’s decision to fill seats with nationallegislators in lieu of direct election thus creates a conflict of allegiance and interest for Nigeria’srepresentatives.25
Page 1 and 2: Parliamentary Oversight of the Secu
Page 3 and 4: security and intelligence agencies
Page 5: security sector in Ghana, Act 526 m
Page 8 and 9: functions without fear or favor. 41
Page 10 and 11: Thus, parliamentarians need at leas
Page 12 and 13: the other hand, a much more constru
Page 14 and 15: Increasingly, some members of the d
Page 16 and 17: ultimately ineffective if equal con
Page 18 and 19: The practice of landguards was anot
Page 20 and 21: their contribution, good or bad, to
Page 22 and 23: sovereignty and internal affairs, t
Page 26 and 27: in the sub-region as the main prior
Page 28 and 29: Parliamentary oversight of the secu
Page 30 and 31: BibliographyAbdul-Rahaman, Salifu &
Page 32 and 33: House of Parliament, Standing Order

Parliamentary Oversight of the Security Sector: Lessons from Ghana

Create successful ePaper yourself

Delete template?

Save as template?