Good governance in a pluralist parliament

In the 4th challenge to democracy in Guatemala Lone Hvass hightlights the role of the parliament - ideally as well as realistically. According to a MS partner, parliament is not the centre for national political debate.

By Lone Hvass

16. November 2004

Previously in this series, problems of violence, corruption and the judicial sector in Guatemala have been outlined as examples of areas that represent a great number of challenges to the Central American nation’s fledgling democracy. Starting with this contribution, the 13 challenges to democracy in Guatemala will be submitted in English to facilitate sharing of the information among a wider public within the MS system as well as outside the organization.

Congress, the centre of a nation’s political life

According to Transparency International, of which the MS partner Accion Ciudadana is a national chapter in Guatemala, an elected national parliament is a fundamental pillar of any integrity system based on democratic accountability. A national parliament is conceived as a watchdog, regulator and representative, whose principal task is to secure good governance and fight corruption. A national parliament is indeed considered the essence of democracy.

While it is easy to agree in principle with the above, reality, even in established democracies, will almost invariably turn out to be different. Traditionally, Guatemalan legislatures have shared a main characteristic of being led by dominant party majorities. They have also lacked the capability of establishing national legislative agendas. Governance and democracy, in other words, have not been fleshed out in the work of Congressmen and women in Guatemala.

Congress, aching for modernization

An initiative launched by Accion Ciudadana to strengthen the democratic and institutional structures within Congress found a number of general weaknesses in its functioning. According to these findings, parliament is not the centre for national political debate. MPs respond faithfully to the party boss line and second to voters, if at all. There is insufficient control with the application of laws and budgetary implementation, inappropriate designation of advisers, dysfunctional committees, insufficient internal democracy, limited feedback to constituencies, and a wanting infrastructure in terms of physical space, archives, office supplies as well as little transparency in public procurement policies.

In addition to the above (incomplete) list of complaints, it was found that the media have a limited understanding of the legislative process resulting in poor, tokenistic coverage dominated by a negative slant. Perhaps needless to say, the public holds a very negative view of Congress.

Civil society, to the rescue of democratic accountability

In an attempt to improve and restore public confidence in the work of Congress, Accion Ciudadana has built on several years’ experience of monitoring the institution while at the same time offering proposals on how to enhance the legislative process, above all through increased citizen participation.

From July 2002 to the present, Accion Ciudadana has promoted forums among various sectors of civil society to validate its findings on the work of their political representatives. Costa Rican experts in parliamentary modernization were brought on board to refine proposals and suggest practical ways of securing their implementation. The Organization of American States (OAS) through its Programme on Democratic Values and Political Leadership accompanied the process; while USAID shouldered most of the financial implications.

For the 2003 general elections, Accion Ciudadana had proposed a profile for parliamentary candidates comprising four areas of inquiry to be taken into account by voters.

For first-time runners, whether they have presented a work plan in relation to their candidacy; whether they command basic knowledge about Congress, its roles and responsibilities; whether they enjoy some kind of public recognition within their constituency; and finally, whether they have a clean criminal record.

For candidates running for re-election, the following parameters were offered: were they good politicians, i.e. were dialogue, consensus and negotiation part of their political craftsmanship; were they transparent representatives that cultivated an open relationship with media and the public in general; were they good legislators that presented socially relevant bills before parliament and monitored the use of public funds; and, again, whether or not they had a clean criminal record.

Traditionally, voters in Guatemala have cared little for their Congressmen, but the 2003 elections revealed a marked increase in votes cast for parliamentary candidates.

Public hearings, a national first

In May 2004, for the first time in the political history of Guatemala and with technical support by Accion Ciudadana, Congress celebrated public hearings in regard to a new bill on fiscal policies. Academia, social, religious and women’s organizations, political parties and the private sector were invited to participate in the debate and offer their specific reform proposals. Many did, and the exercise may be considered an important step towards a more deliberative democracy in which public policy is based on a dialogue between citizens and politicians.

National and regional agendas

Traditionally in Guatemala, democracy by majority has characterized legislatures as opposed to democracy through dialogue and consensus. Parliamentary majorities have been known to bulldoze proposals emanating from weak oppositions, and the peace accords signed in 1996 are still far from fully implemented in national legislation. However, within the current legislature, the traditional mode of operation seems to be changing. Albeit to some extent by default - as no party wields a majority - Congress in Guatemala is rising to the challenge of securing good governance.

In October 2003, a month prior to the general elections, secretary-generals of 20 political parties signed a Shared National Agenda, a multi-party political commitment with a set of common goals that seek to orient the social transformation of Guatemala in the long term.

Today, ten months into the new legislature, this agenda is not too visible. A governance pact has been signed, but only by the official parties comprising the Great National Alliance; the National Unity of Hope and the National Progress Party. The pact has facilitated agreement about the composition of the executive board of Congress and the working commissions, but the parties that did not sign it are, understandably, critical of its contents.

The most significant change, however, remains the fact that political parties are now faced with the necessity to collaborate across party lines. Also, the public hearings celebrated in May have set a precedent for closer citizen participation and scrutiny in relation to the work of Congress.

Women in Congress

Only 13 of the 158 MPs are women, and the work of the legislative branch in Guatemala has never been infused with a gender sensitive agenda. To address this state of affairs, a law was passed last August to establish a programme called Women’s Parliament. The decree, however, was later repealed on grounds that it was unconstitutional. It conferred upon the Women’s Parliament the right to present bills before Parliament, although the Constitution clearly states that only MPs, the Supreme Court of Justice, the (state) University of San Carlos and the Supreme Electoral Tribunal have this faculty.

A month later, in September, an alternative agreement was reached to form a Women’s Assembly which will be linked up with the Women’s Commission in Parliament. The President of said commission is Ms Aura Marina Otzoy of the Republican Party.

At this point in time, it is difficult to ascertain the political viability of this set up to further gender issues on the national political agenda. It may be nothing more than window dressing to satisfy women and observers of the situation of women in Guatemala. However, if members of the women’s assembly play their cards with sustained political clout, it may prove to be efficient.