Given the recent revelations in matters
relating to government expenditure, procurement and programme
implementation it is understandable that there is an increase in
the demand for public disclosure of decisions, processes and procedures.
Clearly there is a dire need for social watchdogs, agencies that are not
resident within government. The oversight of the conduct of the nation's
affairs has to be external since it is evident that original intent of parliament
to “be transparent” has been defeated
in several instances in key areas of governance.
For now, independent oversight in Trinidad and Tobago is limited to private organisations and interest groups such as 'The American Chamber of Commerce' (Amchatt), 'Fixin' TT and the 'Trinidad and Tobago Transparency Institute'. The extent to which these entities can enforce action by government and public officials depends on the level of social involvement and perhaps the level threat of legal recourse and pubilc demonstrations. The following is merely an insight into the importance and effect of social accountability and parliamentary oversight. Hopefully this will act as a precursor to extensive debates among academics and continued public engagement.
Social accountability, according to the World
Bank Source Book can be defined as the obligation of power-holders
to account for or take responsibility for their actions. In this context
power-holders refer to those who hold political, financial or other forms
of power and include officials in government, private corporations,
international financial institutions and civil society organizations
(CSOs). The right to demand accountability is a fundamental principle of
democracy, disclosure is therefore a right, not a privilege. Thus far,
citizens' right to information surrounding decisions that can impact socially
and which affects the public purse seem to be recognised only after robust and
legal persistence. Nevertheless, it is a necessary feature of democracy, a key
tool in preventing and managing corruption.
The system adopted by
Trinidad and Tobago in its fight against corruption involves a framework
of domestic legislation, policy initiatives and special institutions,
together with international conventions, multilateral and bilateral
treaties. This was noted during an oversight visit by a team from the
Organisation of American States to Trinidad to Trinidad and Tobago during the
period 1-4 October, 2012. It was further observed that there is an anti-corruption
framework mechanized by domestic legislation:
- The Mutual Assistance in Criminal Matters Act, Chap. 11.
- The Central Authority of T&T
- The Extradition (Commonwealth and Foreign Territories) Act, Chap. 12:04 -
- The Prevention of Corruption Act, Chap 11:11
- The Proceeds of Crime Act, Chap. 11.27
- The Integrity in Public Life Act, Chap. 22:
- The Freedom of Information Act, Chap. 22:02
- The Police Complaints Authority Act, Chap. 15:05 and (at least five oversight bodies)
- Integrity Commission
- Office of the Auditor Genera
- Service Commissions
- Office of the Ombudsman
- Ministry of the Attorney General:
Within the Ministry of the AG is the Office of the Director of Public
Prosecutions (DPP) and the Anti-Corruption Investigations
Bureau (ACIB)
The Constitution of the
Republic of Trinidad and Tobago established the Public Accounts Committee (PAC)
and the Public Accounts Enterprises Committee (PAEC) via the Constitution
(Amendment) Bill, 1998. This amendment enabled the House of Representatives or
the Senate to appoint Select Committees or Joint select Committees referred to
as “Watchdog Committees” to investigate and
report to Parliament on the powers and methods of functioning of, and criteria
adopted by:
- Service Commissions in Trinidad and Tobago;
- Ministries and Departments of Government;
- Statutory Authorities; and
- Enterprises controlled by or on behalf of the state or in which public money is invested.
These Committees are
charged with the responsibility to examine the appropriation accounts of moneys
granted by Parliament to meet the public expenditure of Trinidad and Tobago and
to examine the audited accounts of all State Enterprises that are owned or
controlled by the State. How successful have these oversight Committees been in
effecting the principles of accountability, transparency, openness and access
to information held by public bodies? Might the answer lie in our current state
of governance and public affairs?
END OF PART 1.
http://www.ttparliament.org/documents/2205.pdf
http://www.worldbank.org/socialaccountability_sourcebook/PrintVersions/Conceptual%2006.22.07.pdf
No comments:
Post a Comment