Strong Parliament in a Consolidated Democracy (UNDP)

United Nations Development Programme

Country: Georgia

Project Document

Project Title

A Strong Parliament in a Consolidated Democracy

UNDAF Outcome(s):                                                                                                                                                               

UNDAF outcome #2: Efficiency and accountability of governance  structures at central and local levels strengthened, towards  an inclusive and participatory decision-making process

Expected CP Outcome(s):                   

2.2 Representational, law-making and oversight functions and capacities of the Parliament and its subsidiary bodies strengthened

Expected Output(s):                             

Increased Functionality of the Parliament

Executing Entity:

UNDP

Implementing Agencies:

Parliament of Georgia

Brief Description

The project aims to support development of parliamentary capacity in its four areas of constitutional responsibility; lawmaking, setting policy direction, executive oversight, and representation. The project will focus specifically on three themes that involve one or more of these responsibilities; strengthening parliament’s role in the budget process; supporting parliament’s work in the area of local self-government, and strengthening technical support to committees and factions. The budget process element will work towards implementation of a parliamentary budget cycle in which parliament participates in providing opportunities for public input to government budget planning, expands its analysis of the budget document, and exercises oversight of budget execution in conjunction with the Chamber of Control. Support to parliament’s work on local self-government will include expanded opportunities for public policy dialogue, and support to policy and legislation development. The technical support element will assist parliament in assessing committee staff support needs and organizing training and reorganization as needed. The project is structured around a partnership between the Georgian parliament and the Eastern European, Baltic and Nordic parliaments; including GUAM countries and those with a similar history to Georgia but now members of the European Union, and countries that are longstanding advanced democracy. The partnerships will provide access to expertise and capacity-development opportunities for both parliamentarians and staff.

 

I.                   Situation Analysis

The Georgian parliament is assigned a critical role by the Georgian constitution as a supreme law-making authority, setting the country’s principal policy directions, oversight of the executive, and representation of the population (Constitution of Georgia, Article 48). The parliament is also responsible for voting and overseeing the execution of the national budget (Article 93). The effective functioning of the Georgian parliament is essential to the smooth operation of the Georgian governmental system, which is based on the separation and balance of powers between the leading state institutions.

Although the Parliament has been in existence since Georgia’s independence from the Soviet Union, the country has undergone through several rounds of significant political turmoil since 1991. The Rose Revolution of 2003 heralded a new era of democratic transformation, and Parliament’s development process began in earnest from the democratic parliamentary elections of 2004. As noted in the UN Country Programme Action Plan 2006 – 2010 (CPAP), continuation of Georgia’s impressive economic, social and political transformation will depend upon continued reform and strengthening of governance structures to ensure efficient decision-making, expanded representation of citizens’ interests, and effective oversight of government actions. 

UNDP has been partnering with the Georgian Parliament since 2004 with a multifaceted development programme running from 2004 to 2008 that focussed on four main areas; supporting a more efficient and transparent law-making process, strengthening Parliament’s human resources, building a modern IT infrastructure, and developing enhanced capacities for public communications and dialogue. The former project, Strengthening Effectiveness and
Transparency of the Parliament of Georgia, provides a solid framework upon which to launch a new programme with more targeted support to enhance parliament’s capacities in law-making, oversight, and representation.

Parliament’s functioning has improved substantially since 2004. A streamlined organizational structure and decision-making processes, supported through the UNDP project, has permitted legislative proposals to be considered promptly and efficiently. Parliament supported the new government in passing a wide range of reform measures that put the country’s economic and social development on a new path. The capacity of the parliament to reach out to citizens to listen to their concerns and enter into dialogue has increased substantially, especially through the establishment of the new Media Centre with UNDP support. Nevertheless, communication between the parliament and the society needs further strengthening since not all segments of the society are yet fully convinced that debate about social priorities should take place in democratic forums, of which the Parliament chamber represents the ultimate expression. Parliament has a key responsibility to ensure that it is perceived as both effective and transparent. As the 2006 – 2010 CPAP acknowledges, “Oversight of the Government and public participation in decision-making, although increasing, needs to be strengthened (CPAP: 2.6).

Georgia has ambitious goals to secure stability and economic growth through institutionalized ties with international organizations of democratic states. Parliament’s own international strategy complements this approach. It is a member of the OSCE Parliamentary Assembly and Council of Europe Parliamentary Assembly, and has already established links with organizations such as the European Parliament and Baltic – Nordic parliaments. Parliament’s leadership seeks to build on these partnerships during its forthcoming mandate.

 

II.                 Strategy

Further support to the parliament is an important investment in the continued rooting of a stable democratic system in Georgia. The previous project, Strengthening Effectiveness and
Transparency of the Parliament of Georgia, provided a firm foundation of professional administration upon which to build a next phase of support. The new project will emphasize capacity development through exposing parliament, including elected members and administration, to modern practices of public dialogue in decision-making, continuing to strengthen the professional capacities of the senior staff, and assuring more effective oversight by the parliamentary institution.

The project content is drawn from the constitutional responsibilities of parliament, which include setting principal national policy directions, lawmaking, oversight, and representation. In practice, in effective legislative institutions, parliament’s constitutional responsibilities are not carried out independently from each other but rather are integrated in all of its actions.

The most effective approach to capacity development is through helping to strengthen ongoing parliamentary activities. In this regard, the project will focus particularly on supporting enhancement of parliament’s role in the MTEF process and annual budget cycle, development of national policy and legislative framework on local self-government, and supporting parliament’s technical capacities in the areas of policy advice, legislative drafting, and legal analysis.

The major parliamentary responsibility areas in which the project will support capacity development are:

1.      Representation: Expanded opportunities for citizen and civil society into legislation and oversight, with a particular focus on the budget process throughout the budgetary cycle, and on local self-governance

2.      Law-making: Strengthened policy development, technical drafting and legal analysis skills among both parliamentarians and technical support staff with particular attention to self-government

3.      Oversight: Increased acceptance of the importance and validity of effective governmental oversight, including the fostering of constructive dialogue between government, opposition, and wider society; clearer and more integrated relationship between Parliament and the Chamber of Control

4.      Administrative strengthening. Further professionalization of the parliamentary staff and clearer distinction between administrative and political support functions

5.      International partnership: (Cross-cutting theme). Strengthened ties with parliaments in countries of Eastern Europe, Baltic States and the Nordic courtiers, fostering capacity development in areas 1 – 4, and building mutual understanding between Georgia’s parliament and other democratic parliaments.

As noted in (5), the project will support parliament in forging ties with parliaments with similarities in political history to Georgia, such as the Baltic or other Eastern European states, as well as those with a longer uninterrupted democratic heritage (such as the Nordic countries), in order to build a long-term partnership permitting the exchange of skills and experiences, and capacity-building. Where possible, specific project activities will be leveraged from this partnership, where pre-existing mutual confidence will foster more rapid and efficient identification of activities and needed expertise.

The project is designed in modular form, permitting activities to be launched as resources are not fully mobilized. UNDP is committed to providing base funding for the project and will seek partnerships with donor countries and institutions. Programming is also designed to provide synergy with other democratic governance initiatives such as those on decentralization and local governance and the assistance to the Chamber of Control.

As outlined above, the project will consist of 4 modules as follows:

  1. Parliament participates effectively, consistently, and constructively in a transparent and inclusive Mid-term Expenditure Framework (MTEF) and annual budget cycle in conformity with the Basic Data and Directions (BDD) document

Support to the parliament’s increased involvement in the budgetary processes will be structured around the annual budget cycle and assistance will be provided during all three key processes: a) approval of the Basic Data and Directions, b) preparation/approval of the budget and c) monitoring of budget execution; Project support will aim at strengthening the in house sustainable capacities to get involved into the budgetary process more actively. In Particular the activities are the following:

  1. Support parliament’s involvement in discussion and consideration of the basic Data and Directions document:

This activity involves assistance to the parliament to elaborate a thorough and detailed analysis of the document, organize workshops with participation of the respective government stakeholders (MOF, line ministries) and discuss the proposed priorities. It will also pay a particular attention to consideration of the local priorities and alignment of the local and national development perspectives. This will be facilitated by joint meetings workshops and seminars with participation of legislative, executive and local stakeholders.

  1. Support Parliament’s positioning during consideration of the draft budget.

This aims at increasing the parliament’s involvement into the substantive consideration and redesign of the budget. The capacity of the Budget and Financial Committee (BFC) and the Parliament Budget Office (PBO) will be strengthened to analyse the draft, prepare respective conclusions and elaborate parliament’s position regarding the draft. Supporting the thorough consultation process with government will be key for an informed conclusion to be produced by the parliament. Prominent international experience and expertise will be utilized to enhance the parliament’s role in the budget preparation.

  1. Strengthen parliament’s monitoring role in the budget cycle.

Parliament’s monitoring function will be enhanced through more active participation in the consideration of the annual budget execution report by the government. Relations with the Chamber of Control (CoC) and discussion of the COC report will be paid a particular attention in this regard. The regular meetings will be introduced with different spending units to better understand and analyse the execution trends of the adopted budget. This process will also feed into the discussion of the next year’s budget, since a solid understanding of each important spending unit’s priorities and abilities will be formed.

  1. Capacities of the staff of BFC and PBO strengthened

The capacity development will be the key to sustain the introduced processes and innovations beyond the end of the project’s support. Therefore, the respective staff will make the key target during the entire duration of the project to acquire, maintain or enhance the suitable technical knowledge and functional capacities for support of the parliament’s operation. The focused capacity needs assessment will be carried out at the beginning of the project to identify the deficiencies, that needs to be addressed as priority matters. Consequently, the Capacity Development package will be put in place, to address the issues of programme budgeting, fiscal policy, macroeconomic and monetary policy, etc. The international expertise will be used heavily to draw upon the best practices and design and implement the most targeted package.

5.      Secure government representatives’ engagement and support to the activities

This envisions close consultations with the government stakeholders through the office of the Parliamentary Secretary of the Government of Georgia to establish agreement on pilot testing public /civil society input to budget deliberations and institutionalizing meetings with the ministry of Finance at all stages of the process.

2. Through broad dialogue and consultation, Parliament develops an appropriate policy and legislative framework for democratic local governance and self-governance

1.      Support the Regional Policy, Self-Government and Mountainous Regions Committee to develop options for improvement of a legal framework on democratic  local governance system

This activity envisions a strengthened role of the Parliament’s Self-Government committee in developing a respective legislation in consultation with all the major stakeholders, including the UNDP’s “Support to Local Governance” project. Discussions are to be organized and decisions made on various subjects, such as functions for regional administrations in regional development, etc.

2.      Support the Committee to pilot a dialogue process on the decentralization options  with citizens

This activity envisages popularization of the decentralization idea throughout the country, with may be carried over through various means, such as introduction of Self-Governance Days in Georgia, similar to the European practice. Public dialogue will also be ensured on all Committee initiatives and the respective staff will receive a targeted guidance on structuring the dialogue and communication process.

3.      Support the Regional Policy, Self-Government and Mountainous Regions Committee to draft laws/amendments to improve the self-governance legislation

This activity envisions providing support to the Committee in developing a respective legislation, especially following discussions with Public supported in the above action. This activity will be carried out in close coordination with all stakeholders and especially the UNDP “Support to Local Governance” project and NALA, which also makes efforts in a similar direction. The particular attention is to be put on amending the sectoral legislation as well as the legislation related to local budgetary processes (such as law on local budgets and local audit issues). 

4.      Strengthen capacity of the committee’s staff to carry out the duties.

This activity targets the staff of the committee and aims at strengthening the effectiveness of their operation. A special capacity development package will be put in place for each staff member, based upon their functions and requirements. National and international expertise will be heavily used while familiarizing the staff in best practices throughout the world.

3. Parliament is equipped to effectively play its constitutional policy and law-making role

1.      Support the parliament in ongoing reorganization efforts to ensure that administrative systems meet institutional needs.

Parliament is currently undertaking a comprehensive reorganization exercise, which will be supported by the project immediately after starting of its initial activities. Several steps have to be supported in the institution, in particular: reorganization, attestation, competition and capacity development of the staff. Due to the rapid pace of the reform, the exact scope of the project’s support in the first stage will be clarified upon the signature of the project document by the respective parties. The other steps, however, will be supported in a complex fashion from the very beginning to the end. Competent national and international (if needed) experts will be mobilized and put in support to the Parliament’s administration to organize the processes in the most effective fashion. Involvement of the international stakeholders in these processes will also enhance the credibility of the undertakings in various perspectives.

2.      Support implementation of the comprehensive capacity development package to the staff of the parliament.  

Following the reorganization exercise, the functions and qualifications of the parliament’s staff will be documented, that will serve as a foundation for the capacity needs assessment and design of the special capacity development assistance. The capacities related to legal drafting and policy analysis will be placed high in the priority list. The UNDP-established Training Center will be used extensively for the CD purpose, however, the process will not be limited to the classroom trainings, but also include on the job trainings, twining with related bodies, staff exchange, study visits, etc.

4. International partnerships established with Baltic, Nordic and Eastern European parliaments to further parliamentary development and collaboration (crosscutting theme)

1.      Support development and implementation of a strategic partnership plan with Nordic, Baltic, Eastern European and GUAM parliaments as well as with other EU comparable countries;

The project will support the parliament to further its cooperation with Baltic, Nordic and Eastern European, GUAM parliaments to identify opportunities for collaboration. Organization of a GUAM parliamentary assembly will be supported in Georgia as a mean to further foster relations between the respective parliaments. A targeted plan will be developed for legislative exchanges and provision of Baltic, Nordic, Eastern European legislative expert advice to Parliament of Georgia in the areas that are identified as priorities in the project.

III.              Results and Resources Framework

Intended Outcome as stated in the Country Programme Results and Resource Framework:

2.2 Representational, law-making and oversight functions and capacities of the Parliament and its subsidiary bodies strengthened

Outcome indicators as stated in the Country Programme Results and Resources Framework, including baseline and targets:

Indicator: Overall assessment by local NGOs and media as well as international organizations regarding ability of the legislative branch to  represent the constituents effectively and ensure close oversight of public institutions.

Baseline: At present the legislative branch is unable to effectively cooperate, support and balance the executive.  The institution needs enhancement in order to minimize subjective decisions made by individuals that are not product of consultative and inclusive processes.

Target: The legislative branch will increasingly be able to impartially,  independently, transparently and effectively represent the constituents from all over the country and exercise the human rights and fiscal control/monitoring/oversight of the institutions subjected to such a control under the respective legislative framework.

Applicable Key Result Area (from 2008-11 Strategic Plan): Democratic governance / Strengthening accountable and responsive governing institutions / (a) strengthening legislatures, regional elected bodies, and local assemblies

Partnership Strategy: Partnership with Georgian Parliament and targeted collaboration with European parliaments

Project title and ID (ATLAS Award ID): A Strong Parliament in a Consolidated Democracy

INTENDED OUTPUTS

OUTPUT TARGETS FOR (YEARS)

INDICATIVE ACTIVITIES

RESPONSIBLE PARTIES

INPUTS

Intended Output

Increased Functionality of the Parliament

Activity 1

Parliament participates effectively, consistently, and constructively in a transparent and inclusive Mid-term Expenditure Framework (MTEF) and annual budget cycle in conformity with the Basic Data and Directions (BDD) document

Baseline: Parliament is currently primarily involved in budget approval and plays little role in channelling public input to the budget process, and in analysing reporting of the Chamber of Control

Indicators: Parliament establishes and implements, in collaboration with the executive, a system for providing input to the MTEF and annual budget development process, conducts effective analysis and debate of the budget proposals, and collaborates effectively with the Chamber of Control to ensure adequate oversight and auditing of budget execution in conformity with the BDD.

Targets (year 1)

- Parliamentarians are familiar with and supportive of inclusive budgeting techniques

- Parliamentary staff are trained in techniques of budget consultation, analysis and monitoring

- Options negotiated with government for opening the budget process to public input through parliament.

Targets (year 2)

- Parliament establishes formal consultative process with all stakeholders in all stage of the budget cycle  

- Parliamentary staff acquire necessary technical and functional capacities to carry over the process independently after the end of the project

1         Support parliament’s involvement in discussion and consideration of the basic Data and Directions document:

-          Assist the parliament in analysis of the BDD document

-          Organize workshops /meetings/ discussions with various national and international stakeholders

2         Support Parliament’s positioning during consideration of the draft budget.

-          Identify Capacity development needs for staff (about 20 persons) and parliamentarians in budgetary issues 

-          Develop and implement a targeted training plan with participation of prominent national and international experts

-          Support the parliament is preparing and advocating informed conclusion about the draft budget

-          Support in institutionalizing a thorough consultation process with all respective stakeholders

3         Strengthen parliament’s monitoring capacities and role in the budget cycle.

-          Identify the capacity development needs and strengthen the gaps within the respective staff in analysis of the COC report

-          Institutionalize the consultative process with various spending units to elaborate an  informed decision on the budget execution

4         Capacities of the staff of BFC and PBO strengthened

-          identify the gaps in necessary technical skills for the respective staff and deliver the targeted capacity development programmes

-          identify the gaps in necessary functional capacities for the respective staff and deliver the targeted capacity development programmes

-          Secure involvement of the high-calibre national and international experts and institutions in these processes

5         Government representatives are engaged in and supportive of the project

-          Held discussions with government representatives through the office of the Parliamentary Secretary of the Government of Georgia to establish agreement on pilot testing public /civil society input to budget deliberations

-          Support in upscale of regular discussions with the Ministry of Finance on outstanding issues

MPs from Parliament Finance Committee

Parliament budget office staff

Finance Committee staff

International parliamentary expert in inclusive budgeting (through parliamentary partnership)

Ministry of Finance of Georgia

Chamber of Control

International parliamentary partners

As per the budget and the Workplan

Activity 2

Through broad dialogue and consultation, Parliament develops an appropriate policy and legislative framework for democratic local self-government

Baseline: The Regional Policy, Self-Government and Mountainous Regions Committee of Parliament (Self-Government Committee) already initiated public dialogue on a framework for democratic local self-government. The Committee is in cooperation with the Ministry of Regional Development and Infrastructure responsible for the regional development matters including the self-governance.  The UNDP project experts from the Local Governance (LG) support project will also provide an expert policy advise to the Parliament for it to form policy directions in dialogue with citizens, and to work with the Executive on an appropriate legislative framework. The Committee’s work, which will be mostly concentrated on legal infrastructure towards improved regional governance, with project support, will serve as a parliamentary model for dialogue in decision-making.

Indicators: Parliament consistently includes within its law-making and oversight processes a communications and engagement strategy that includes seeking the views of civil society as well as informing citizens of the policy process both directly and through vectors such as the media and civil society organizations

Targets (year 1)

- Parliament initiates streamlining of the local governance and self-governance legislation.

- Parliamentarians and key staff are familiar with international parliamentary best practice on citizen participation in the policy process

- Parliament supports a public dialogue process regarding the self-government initiative

Targets (year 2)

-- The experiences of the Committee are popularized within parliament and serve as the basis for consultative policy-making and legislative development

1.   Support the Regional Policy, Self-Government and Mountainous Regions Committee to develop options for improvement of a legal framework on democratic  local governance system

-          Develop options for an effective local governance system in cooperation with the UNDP LG project

-          Support coordinating role of the Committee in involving various stakeholders in this process

2.   Support the Committee to pilot a dialogue process on the decentralization options  with citizens

-          Support the committee in institutionalizing a two-way dialogue with citizens and relevant local and national bodies on local self-governance reform issues.  The dialogue process will involve MPs, committee support staff, and the public relations department;

-          Support a proper dialogue about the matters included in the above section 1 on Options for democratic local governance system

-          Support the committee to institutionalize the local-self governance days in Georgia

-          Support a respective capacity development for concerned staff in supporting the  dialogue

-          Support documentation of Lessons learned

3.   Support the Regional Policy, Self-Government and Mountainous Regions Committee to draft laws/amendments to improve the self-governance legislation

-          Support to the Committee to develop draft laws/amendments on issues of local self-government based on the dialogue in Action 2.2, and in collaboration with UNDP project of LG, EC and other partners (i.e. sectoral legislation, legislation on local budgets, local audit issues, etc)

4.   Strengthen capacity of the committee’s staff to carry out the duties.

-          Support the committee to analyse the capacity needs of its staff (approx. 10 persons) and design a targeted capacity development package

-          Secure involvement of the high-calibre national and international experts and institutions in these processes

The Regional Policy, Self-Government and Mountainous Regions Committee of Parliament (Self-Government Committee’)

Self-government Committee staff

Parliament from country where citizen dialogue processes are institutionalized

International parliamentary expert in citizen dialogue processes (through parliamentary partnership)

UNDP Project on Local Governance

As per the budget and the Workplan

Activity 3

Parliament is equipped to effectively play its constitutional policy and law-making role

Baseline: Most national policy directions and legislation originate with the executive branch, although constitutionally, these responsibilities are shared with parliament. Parliament’s scrutiny of legislation is not always thorough. Capacities of parliamentarians and staff for legal drafting and analysis are limited. Staffing alignment in parliament may not reflect profile required for exercise of constitutional responsibilities.

Indicators: The proportion of legislation originating in parliament increased by 10%. Parliamentarians and staff from committees, factions, and the Research Department are enabled to draft legislative proposals as well as analyze legislative proposals. The staffing patterns of parliament reflect the institution’s needs

Targets (year 1)

- Parliament’s internal staffing profile is reviewed to ensure staffing patterns meet law-making needs, and revised as necessary.

- Parliamentarians and staff receive capacity development assistance on law-making and analysis as necessary

1.   Support the parliament in ongoing reorganization efforts to ensure that administrative systems meet institutional needs.

-          Support the parliament administration in the ongoing reorganization process, including functional analysis number of positions, qualification requirements, per each, etc.

-          Support introduction of the staff evaluation system and the attestation process in the parliament

-          Support organization of the competition for vacant positions, following the reorganization and attestation

2.   Support implementation of the comprehensive capacity development package to the staff of the parliament. 

-          Design the specific capacity development programme for the staff

-          Engage national experts on legal drafting and analysis to develop and implement training plan for committee, faction, and Research department staff, as well as an integrated or separate programme for MPs

-          Engage international expert from partner parliament to participate in legal drafting training programme

-          Seek opportunities for staff exchange with partner parliament’s legislative drafting and policy research departments

Office of the Speaker of Parliament

Parliament Personnel Department

Project team and/or national HR expert

Legal drafting expert (national and/or international)

Activity 4

International partnerships established with Baltic, Nordic and Eastern European parliaments to further parliamentary development and collaboration (crosscutting theme)

Targets (year 1)

- A strategic plan developed for inter-parliamentary collaboration between Georgian parliament, Baltic Assembly, Nordic Council Parliaments, GUAM countries  and parliaments of other Eastern European countries

- Implementation of collaboration activities in accordance with UNDP project Annual Workplan

1. Support development and implementation of a strategic partnership plan with Nordic, Baltic, Eastern European and GUAM parliaments as well as with other EU comparable countries;

-          Support in strengthening contacts  with Baltic, Nordic and Eastern European, GUAM parliaments to identify opportunities for collaboration

-          Support the GUAM parliamentary assembly, to which Georgia has been an elected Chair, by the last quarter of 2009

-          Support in development and implementation of the workplan for legislative exchanges and provision of Baltic, Nordic, Eastern European legislative expert advice to Parliament of  Georgia in the areas of strengthening parliament’s role in the budget process; supporting parliament’s work in the area of local self-government, and strengthening technical support to committees and factions

Office of the Speaker of Parliament

Nordic, Baltic, Eastern European parliaments

GUAM countries