www.abyssinialaw.com Institute of Leadership and Good Governance Parliamentary Oversight and Its Role in Ensuring Constitutional Accountability: The Case of „Caffee‟ Oromia ______________________________________________________________ A Thesis submitted to the Institute of Leadership and Good Governance, Ethiopian Civil Service University in partial fulfillment of the requirements for the Masters of Arts Degree in Leadership and Good Governance By Addisu Legas Duresso Advisor Ato Zerihun Yimer (LLB,MA) July, 2013 Addis Ababa, Ethiopia www.abyssinialaw.com Ethiopian Civil Service University Institute of Leadership and Good Governance Parliamentary Oversight and Its Role in Ensuring Constitutional Accountability: The Case of ‘Caffee’ Oromiaa By Addisu Legas Advisor Ato Zerihun Yimer (LLB, MA) July, 2013 Addis Ababa, Ethiopia www.abyssinialaw.com DECLARATION This thesis is my original work and has not been presented for a degree in any other university and that all sources of materials used for the thesis have been duly acknowledged. It has been submitted in partial fulfillment of the requirements for the advanced MA degree in Leadership and Good Governance at the Ethiopian Civil Service University. Quotations from this thesis are allowed without any permission provided that appropriate acknowledgment of source is made. In all other cases, however, permission must be obtained from the author. Name: Addisu Legas Duresso Signature: _________ Place: Ethiopian Civil Service University, Institute of Leadership and Good Governance Date of Submission: _________________________ i www.abyssinialaw.com Approval Sheet of Thesis School of Graduate Studies Ethiopian Civil Service University As members of the Examining Board of the Final MA Open Defense, we certify that we have read and evaluated the thesis prepared by: Addisu Legas Duresso entitled: Parliamentary Oversight and Its Role in Ensuring Constitutional Accountability: The case of „Cafffee‟ Oromia and we recommend that it be accepted as fulfilling the thesis requirement for the degree of advanced MA in Leadership & Good Governance. _________________________ Name of Chairman _________________________ Name of Major Advisor _________________________ Name of Internal Examiner _________________________ Name of External Examiner _________ Signature _________ Signature _________ Signature _________ Signature __________ Date __________ Date __________ Date __________ Date Final approval and acceptance of the thesis is contingent upon the submission of the final copy of the thesis to the Council of Graduate Studies (CGS) through the Institute Graduate Committee of the Institute of Leadership and Good Governance. I hereby certify that I have read this thesis prepared under my direction and recommend that it be accepted as fulfillment of the thesis requirement. _________________________ _________ Name of Thesis Advisor Signature Date ii __________ www.abyssinialaw.com ACKNOWLEDGEMENT Thanks to Glorious God which enabled me to start and finish my university study. One could do nothing to God except heartfelt thanks. I can say nothing more, but really thanks and ever thanks. My heartfelt gratitude also goes to my advisor Ato Zerihun Yimer, who has minutely read the draft and made very valuable and constructive comment from the very beginning of my thesis up to its completion. I am indeed very lucky working with him. My thanks also goes to my beloved wife W/ro Tenagne Girma, my son Mahider Addisu, Amanuel Addisu and my daughter Firaol Addisu who have been sharing my worries and have been source of encouragement and morale support. My friends in and out of the Institute of Leadership and Good Governance, your support and encouragement in one way or the other were awesome. iii www.abyssinialaw.com Table of Contents Title Pages Declaration…………………………………………………………………………….….ii Approval Sheet …………………………………………………………………………...i Acknowledgement ……………………………………………………………………….iii Table of Contents………………………………………………………………….….….iv List of Tables…………………………………………………………….……………...viii Acronyms………………………………………………………………….…………..….ix List of Figures……………………………………………………………………….…….x Abstract………………………………………………………………………….…….….xi CHAPTER ONE ................................................................................................................. 1 INTRODUCTION .............................................................................................................. 1 1.1 Background of the Study .............................................................................................. 1 1.2 Statement of the Problem .............................................................................................. 3 1.3 Purpose of the Study ..................................................................................................... 5 1.4 Objectives of the Study ................................................................................................. 5 1.4.1 General Objective .............................................................................................. 5 1.4.2. Specific Objectives ............................................................................................ 5 1.5. Research Question ....................................................................................................... 6 1.6. Scope/Delimitation of the Research ............................................................................ 6 1.7. Limitations of the Research ......................................................................................... 6 1.8. Significance of the Research........................................................................................ 7 1.9 Operational Definitions of Variables ............................................................................ 7 CHAPTER TWO ................................................................................................................ 9 REVIEW OF LITERATURE ............................................................................................. 9 2.1 Introduction ................................................................................................................... 9 2.2 Empirical Literature ...................................................................................................... 9 2.2.1 Some Notes on Forms of Government ............................................................... 9 2.2.2. Parliamentary Oversight and Its Role in Ensuring Constitutional Accountability ........................................................................................................... 11 2.2.3. Defining Parliamentary Oversight ................................................................. 12 iv www.abyssinialaw.com 2.3. Purpose of Parliamentary Oversight .......................................................................... 14 2.4. Accountability and Parliamentary Oversight ............................................................. 15 2.5. Mechanisms of Parliamentary Oversight ................................................................... 18 2.6 Factors Against an Effective Parliamentary Oversight ............................................ 22 2.7 Conceptual Framework………………………………………………………………25 CHAPTER THREE .......................................................................................................... 27 METHODOLOGY ........................................................................................................... 27 3.1. Introduction ................................................................................................................ 27 3.2. Background of the Study Area................................................................................... 27 3.2.1. General Background ....................................................................................... 27 3.2.2. The Size and Shape of the Region ................................................................... 27 3.2.3. Population ....................................................................................................... 28 3.2.4 Overview of the „Caffee‟ Oromia ..................................................................... 28 3.3 Research Methodology or Design............................................................................... 29 3.4 Sampling Design ......................................................................................................... 29 3.4.1 Population ........................................................................................................ 29 3.4.2 Sampling Technique ........................................................................................ 30 3.4.3 Sample Size ...................................................................................................... 31 3.5 Data Collection Instruments ....................................................................................... 32 3.5.1 Questionnaire ................................................................................................... 33 3.5.2 Interview ......................................................................................................... 33 3.6 Data Collection Procedures ........................................................................................ 33 3.7 Methods of Data Organization and Analysis .............................................................. 33 CHAPTER FOUR ............................................................................................................. 34 FINDINGS AND DISCUSSION ...................................................................................... 34 4.1 Introduction ................................................................................................................. 34 4.2 Results ......................................................................................................................... 34 4.2.1 Response Rate .................................................................................................. 34 4.2.2 Demographic Data........................................................................................... 35 4.2.2.1 Sex and Age of Respondents ....................................................................... 35 4.2.2.2 Educational Background of Respondents ................................................... 36 v www.abyssinialaw.com 4.2.2.3 Job title and Service Year of Respondents .................................................. 38 4.2.2.3.1.Job title of Respondents ........................................................................ 38 4.2.2.3.2.Service Year of Respondents ................................................................. 39 4.3 Findings .............................................................................................................. 40 4.3.1 Available Tools of Oversight ......................................................................... 40 4.3.2 Effectiveness of tools of Oversight as Perceived by Standing Committees and Executive Organs .............................................................................................. 41 4.3.3Perceptions on the Role of Oversight in Ensuring Constitutional Accountability as Viewed by Executive Organ ................................................................................. 43 4.4 Factors Affecting the Oversight function of „Caffee‟ Oromia ................................... 44 4.4.1 Factors Relating to Organizational Structure ................................................. 45 4.4.2 Factors Relating to Lack of Capacity .............................................................. 45 4.4.3 Factors Relating to Lack of Resource .............................................................. 46 4.4.4 Unavailability of Standing Committee Members in their Office ..................... 46 4.5 Discussion and Interpretation 47 4.5.1 Analysis of Demographic Data ........................................................................ 47 4.5.1.1 Sex and Age category .................................................................................. 48 4.5.1.2 Educational Background of Respondents ................................................... 48 4.5.1.3 Job Title and Service Year of Respondents ................................................. 48 4.6 Constitutional Oversight Mandate of „Caffee‟ Oromia .............................................. 49 4.7 Perceptions on the Role of Oversight in Ensuring Constitutional Accountability ..... 50 4.8 Factors Affecting the Effectiveness of „Caffee‟s Tools of oversight as Perceived by Standing Committee and Executive Organ ....................................................................... 51 4.8.1 Lack of Capacity of Standing Committees ........................................................... 51 4.8.2 Partisanship ......................................................................................................... 52 4.8.3 Weak Implementation of the Audit Findings of the Regional Auditor General ... 54 4.8.4 Other Factors Affecting Oversight functions of „Caffee‟ Oromia ........................ 58 4.8.4.1 Factor Relating to Organizational Structure ................................................ 58 4.8.4.2 Lack of Resource ......................................................................................... 59 4.8.4.3 Unavailability of Standing Committees on Regular basis on Committee ... 59 Works ..................................................................................................................... 59 vi www.abyssinialaw.com CHAPTER FIVE .............................................................................................................. 61 CONCLUSION AND RECOMMENDATION ................................................................ 61 5.1 Introduction ................................................................................................................. 61 5.2 Conclusion .................................................................................................................. 61 5.3 Recommendations……………………………………………………………………65 Bibliography Appendices vii www.abyssinialaw.com List of Tables Tables Pages Table 3.1: Summary of Participants of the Study ............................................................. 32 Table 4.1: Summary of Response rate .............................................................................. 35 Table 4.2: Sex and Age category of Respondents ............................................................ 36 Table 4.3: Service Years of Respondents ......................................................................... 39 Table 4.4: Effectiveness of Tools of Oversight as Perceived by the Standing ................. 42 Table 4.5: Perceptions on the Role of Oversight functions of „Caffee‟ in ensuring Constitutional Accountability as Viewed by Executive Organs ............ 44 Table 4.6: Factors Relating to Organizational Structure .................................................. 45 Table 4.7: Factors Relating to Lack of Capacity .............................................................. 45 Table 4.8: Factors Relating to Lack of Resource .............................................................. 46 Table 4.9: Factors Relating to Unavailability of Standing Committee members in ......... 47 their Office on Regular basis as viewed by standing committees, ................................... 47 advisors and Experts ......................................................................................................... 47 viii www.abyssinialaw.com List of Figures Figures Pages Figure 1.1: Conceptual framework ................................................................................... 26 Figure 3.1 Geographical Location of Oromia Regional State .......................................... 28 Figure 4.1: Educational background of Standing Committees and their advisors ............ 37 Figure 4.2: Educational background of Executive Organ Heads and Experts .................. 38 Figure 4.3: Job Title of Respondents from the standing committee and advisors ............ 38 Figure 4.4: Job Title of Respondents from the Executive organ ...................................... 39 ix www.abyssinialaw.com LIST OF ACRONYMS/ABBREVIATIONS BoFED Bureau of Finance and Economic Development CSA Central Statistics Agency EPRDF Ethiopian People Revolutionary ONRS Oromia National Regional State OPDO Oromo Peoples‟ Democratic Organization UNDP United Nations Development Fund (N.d) No Date IPU Inter Parliamentarian Union x Democratic Front www.abyssinialaw.com ABSTRACT It is obvious that effective legislatures contribute to effective governance by performing important functions necessary to sustain democracy in complex and diverse societies. Democratic societies need the arena for the airing of societal differences provided by representative assemblies with vital ties to the populace. They need institutions that are capable of writing good laws in both the political sense of getting agreement from public at large, and in the technical sense of achieving the intended purposes. Though there is a variation among states the generic role of the legislative organ is enacting laws, representing the public and exercising oversight. Among others, oversight is the roles of the legislative organ by which it makes the executive and its agencies accountable for their acts and decision. When we see the practice in Ethiopia in general and the Oromia National Regional State in particular, though such function plays an important role in ensuring constitutional accountability, its effectiveness is not as such encouraging because of various factors. Hence, the main objective of this thesis is to assess the extent of the effectiveness of oversight function of the „Caffee‟ Oromia over the executive organs of the region. More specifically, the possible tools of parliamentary oversight available to the „Caffee‟ Oromia and factors adversely affecting such function of the „Caffee are issues under discussion. In conducting the study, the researcher tries to employ three major data collection instruments: Questionnaires, interviews and analysis of legislations and other relevant documents. The findings of the thesis depicts that various factors, such as lack of commitment, partisanship within the committees charged with oversight, weak implementation of audit report findings, lack of capacity, lack of sufficient resource and poor organizational structure are among the challenges that contribute to the ineffectiveness of this function of the „Caffee‟ Oromia. Key words: „Caffee‟, Oromia, Oversight, Parliament, xi www.abyssinialaw.com xii www.abyssinialaw.com CHAPTER ONE INTRODUCTION 1.1 Background of the Study In any nations of our globe, legislatures of some sort are found. Literatures reveal that nearly all political regimes find it useful to have some sort of nominally representative institution to legitimate their lawmaking by discussing and ratifying public policies (Johnson and Nakamura 1996:6). While legislatures range from ornamental (and often disposable) to significant governing partners, they have some common characteristics which scholars use to define them. These include: a claim on legitimacy based on representing the public or publics, some power (formal or symbolic) over lawmaking, nominal equality of membership, and processes for collective decision-making. Even though there is considerable variation among legislatures of the various nations of the world, the generic and major functions of such legislative body is representing the public/electorate, in making laws, and exercising oversight (Johnson and Nakamura, 1999:6). The notion of good governance requires states to be capable, account-able and responsive, placing legislatures at the core of the governance debate. Under this framework, improving domestic accountability is said to be strongly connected with building government capability to be responsive to the burgeoning needs of its citizens (DFID, 2007:14). Legislative representation is premised on the idea that citizens are involved in the decision-making process through their representatives and the legislative process provides the very avenue for people participation. This perception upholds the view that the legislature is the most representative institution that operates with greater transparency than the other branches of government. Promoting the interest of constituencies is presumably on top of a legislator„s agenda; thus, the locus of legislative interest would be the executive department„s policy implementation since this directly affects the people as the intended beneficiaries of government services. 1 www.abyssinialaw.com Three factors are argued to be relevant in explaining the nature of oversight in political system (Desposato, and Scott W. 2004). The first one refers to the formal institutional framework that grants the legal mandate for legislative oversight and provides the authority to challenge the executive„s programs/policies. The second factor involves the informal institutional incentives for using that authority. The latter is quite complex because it is typically motivated by the preferences of the electorate and the electoral system such as the extent to which the political environment is programmatic or clientelistic (Abellera, E, (n.d). Moreover, the structure of the legislature and the broader political spectrum in which it operates evidently impinges on the manner of accomplishing their roles. The existence of a vibrant committee is also identified in aiding robust oversight therefore the composition, technical competence; behavior and discipline of its members would be a vital determinant for pursuing effective oversight. When we look at the Ethiopian situation, the current FDRE constitution was formulated and ratified in 1994 and came into force in August 1995. The constitution establishes Ethiopia as a federal republic with a parliamentary form of government under article 45 of the constitution. This constitution also provides the establishment of 9 regional states and two City administrations forming the federation under Article 47 and both the Federal and regional governments shall have the legislative, executive and judicial power. The House of Peoples‟ Representative at federal level and the council of each regional state at regional level is the highest organ of government as per article 50 (3) of the Federal Constitution. Oromia National Regional State is among the regional states established and reinforces similar form of government with the Federal government having legislative, executive and judicial power over the affairs of the region. In this juncture, the researcher under his research topic would like to assess the role and effectiveness of the institution of the legislature in ensuring constitutional accountability with special reference to the „Caffee‟ Oromia based on the power and duties vested to it by the Region‟s Constitution and other relevant legislation. Hence, the main objective of this research is to look at the generic role of the legislator and its Oversight function, 2 www.abyssinialaw.com particularly, in ensuring constitutional accountability and its challenges with special reference to the Oromia National Regional State Council (usually known as „Caffee‟) 1.2 Statement of the Problem Good governance on a continuing basis requires an effective institutional infrastructure and that functioning legislatures have proven their worth as part of the set of core institutions. A further assumption is that good governance and some level of functioning democracy are related. Democratic government is characterized by transparency and accountability (Johnson and Nakamura, 1999). The primary responsibility in this regard falls on the shoulder of the parliament. Effective legislatures help to sustain democracy where it exists and elsewhere help to democratize by fulfilling the promise inherent in the public's right to be represented. Capable representative institutions connect people to their government by giving them a place where their needs can be articulated, by giving them a say in shaping the rules that govern them, by providing them with recourse if governmental power is abused, and by contributing to the procedures and values that sustain a democratic culture. In discharging their power and duties all legislatures experience difficulties in performing some of their functions, and newly developed legislatures are likely to experience difficulties with all of them. Some of these problems may be related with lack of clear legal framework, lack of institutional structure or capacity, and the others may be related with political environment in which the legislature discharges its responsibility. Moreover, the problem may be related with tools the legislature employ its oversight function. Like any other country‟s legislative body, the federal and regional legislative bodies in Ethiopia in general and Oromia in particular, face many challenges in discharging their role accorded to them by law. Various literatures reveal that the parliament or legislature holds the executive accountable and responsible for their action. Parliamentary oversight is one of the means by which the parliament holds the executive accountable.Oversight in parliamentary 3 www.abyssinialaw.com system of government depends on legislative-executive relationship which creates a fusion of power between executive and legislative (Awel, 2011:6). When we look at the power relation between legislative and executive organs of the state, subject to Federal Constitution, „Caffee‟ (the legislative organ) is constitutionally declared to be the highest political authority with full powers in the affairs of the region (Revised ONRS constitution Proc. No 46/2001 Art.49 (3). Hence, „Caffee‟ Oromia is mandated and empowered to check whether the laws, policies and strategies are implemented by the executive according to their intention and desire. The same Constitution mandates the „Caffee‟ with the power of calling and questioning the President and other regional officials and investigates performances of the Regional Administrative Council -the executive branch of the government, (ONRS constitution Art.49 (3). Furthermore, the same constitution provides that the regional government affairs shall be conducted in a transparent way and any public official or elected representative shall be accountable for any failure in his duties of office (See article 12) of the above mentioned proclamation. In this regard, besides their being accountable for the Constitution and to their conscience, the primary responsibility to make public officials accountable resides on the „Caffee‟ by conducting effective oversight. However, there is an argument that „Caffee‟ is ineffective in Oversight the activities of the executive organ because of various reasons. According to current practices, „Caffee‟ faces many challenges in discharging its power and duties to properly undertake oversight functions. The members of the „Caffee‟ and some individuals argue that the problem is related with the lack of political will and institutional consciousness. Unless some key members are concerned about legislative power and the legislature as an institution, it is unlikely to improve. Other individuals argue that there is also a fusion of power between the legislative and the executive which may affect the effectiveness of „Caffee‟ in discharging its power and duties. 4 www.abyssinialaw.com In addition to these challenges, parliamentary oversight is neglected area of research in many jurisdictions and therefore there is very limited discussion on the area (Awel, 2011). The situation in Ethiopia in general and in Oromia in particular is not exception in this regard; and hence it needs further assessment to check upon the effectiveness of such task of the parliament. Hence, the main objective of this research is mainly to evaluate the extent of the effectiveness of oversight functions of the „Caffee‟ over the executive organ of the region to ensure constitutional accountability; and its challenges in discharging such duty. 1.3 Purpose of the Study The main purpose of this study is to assess the role of parliamentary oversight in ensuring constitutional accountability and forwarding possible recommendations based on the findings of the study. 1.4 Objectives of the Study 1.4.1 General Objective The main objective of this research is to evaluate the extent of the effectiveness of oversight functions of „Caffee‟ over the executive organs of the ONRS to ensure constitutional accountability and its challenges in discharging such duty. 1.4.2. Specific Objectives The specific objectives of the study are the following: To identify tools that „Caffee‟ utilize and the effectiveness of such tools in conducting oversight functions; To assess the perception of both the „Caffee‟ staffs and the executive organs on the role of „Caffee‟ oversight function in ensuring constitutional accountability; To find out the factors (Institutional, financial, legal and others) that are adversely affecting the Oversight functions of „Caffee‟ Oromia; To provide an additional research based information/knowledge on the topic at hand which may contribute to the effective oversight by members of „Caffee‟ and an additional knowledge for further researchers on similar topic; 5 www.abyssinialaw.com 1.5. Research Question The study was conducted to find answer for the following major questions. Do members of the „Caffee‟ (specifically the standing committees) have focused concern for the power and development of the legislature? What tools do the „Caffee‟utilize to undertake its oversight functions? How do „Caffee‟ discharge its power and duties entrusted to it by law? What factors (Institutional, economic, Legal, and other factors) affect the effectiveness of the oversight functions of the „Caffee‟? 1.6. Scope/Delimitation of the Research The purpose of demarcating a study is to make it more manageable and to this end, this research was only limited to the oversight function of „Caffee‟ over the executive organ of the region at regional level. To this end, it was only the ONRS Constitution and other relevant regional laws were under discussion. The study however, did not cover the parliamentary oversight conducted on the judicial organ of the region. The oversight functions of the council at district level were also beyond the scope of the study. 1.7. Limitations of the Research With regard to the limitations of this study, the major limitations to conduct this research were scarce time and resource. It was only two or three months that was given to conduct this research. The second limitation was unavailability of respondents, particularly, the top leaders. These respondents were not available at required place and time because of various national and regional meetings which requires their personal presence. The other major limitation was the respondents were not respond genuinely because of various reasons. The researcher has tried to solve such problems that to resolve limitations relating to shortage of time an attempt was made to use available time efficiently. With regard to unavailability of respondents much efforts has been made to contact them through telephone and email addresses. 6 www.abyssinialaw.com 1.8. Significance of the Research The findings of this research establish the extent of parliamentary oversight towards ensuring constitutional accountability. While writing this thesis there were many gaps identified that affect the oversight functions of „Caffee‟ Oromia and the writer forwards possible recommendations to avert the identified gaps. In this case the thesis contribute much in making effective the oversight function of „Caffee‟ Oromia and its standing Committee. It also helps the members of „Caffee‟ to understand the importance of parliamentary oversight and to take their responsibility crucial in ensuring constitutional accountability. It further enables the reader to understand the basic features of oversight and its relationship with constitutional accountability in general. 1.9 Operational Definitions of Variables The researcher has tried to asses variables (independent, dependent) in relation to the role of parliamentary oversight in ensuring government accountability. Accordingly, the following are some of the operational definitions of variables used in the course of the research. Unless the context requires otherwise in this research: 1.9.1. Oversight: shall mean an interaction between the parliament and the executive and other administrative agencies ...that encourages compliance with the constitutional obligation on the executive and other administration to ensure delivery on agreed-to objectives for the achievement of government priorities. 1.9.2. Standing Committee: shall mean committees established in the Office of the Speaker and „Caffee‟ Oromia from the members of the „Caffee‟ based on the „Caffee‟ needs and preferences to act on behalf of this body. They have the power and duty given to them by established rules and procedures to oversight government agencies to check whether they comply or not with the government priorities, particularly over the executive organ; 1.9.3. Parliamentary Oversight: it is an act of watching over the performances and other decisions of the executive organ by the parliament or legislative body using various mechanisms of oversight. 7 www.abyssinialaw.com 1.9.4. Accountability: A social relationship where an actor (an individual or an agency feels an obligation to explain and justify his or her conduct to some significant other (the accountability forum, accountee, specific person or agency); for the purpose of this study the executive organ shall have a duty to explain and justify the actions it taken in discharging its power and duty. 1.9.5. Mechanisms of Oversight: Tools or mechanisms by which a legislative /parliamentary body undertakes oversight activity; these tools may be an established committee, questions plenary session, motions for agenda. Moreover, it can be report submitted by the executive organ. Furthermore, it can be any tangible information which can be obtained from democratic institutions such as the institution of Ethics and Anti Corruption institution. 8 www.abyssinialaw.com CHAPTER TWO REVIEW OF LITERATURE 2.1 Introduction This chapter will address the conceptual framework on the importance of parliamentary oversight in ensuring government accountability. It also deals how form of government in a given country affects the relationship between the legislative and executive organ of the government. The role of parliamentary oversight in ensuring good governance, definition and purpose of parliamentary oversight is another issue to be addressed under this chapter. Moreover, the relationship between accountability and parliamentary oversight, mechanisms and factors against effective parliamentary oversight will be addressed from empirical literatures. 2.2 Empirical Literature 2.2.1 Some Notes on Forms of Government Though most legislatures have the power to hold the government accountable for its actions and policies, differences in the form of government and other constitutional arrangements create considerable variation in the tools they use to perform their oversight function. As noted in various literatures, as opposed to the authoritarian type of government that limits the participation of citizens, there are two widely known forms of government, namely the presidential and the parliamentary form of government. While United States of America is known with presidential form of government, parliamentary form of government first emerged in Great Britain and it is practiced till today in most Europe, the Caribbean, Canada, India, and many countries in Africa and Asia often in the former colonies of Great Britain (J. A.G. Griffith 1989:15). In presidential form of government, the three branches of the government (the legislative, executive and the judiciary) are independent of each other. However, it was designed in way that allows the three organs of the government share some sort of power. For instance, Congress may pass laws, but the president can veto them; the president nominates certain public officials, but Congress must approve the appointments; and laws passed by Congress as well as executive actions are subject to judicial review. Thus, the 9 www.abyssinialaw.com separation of powers is offset by what are sometimes called checks and balances (Bartholomew.c.Paul (N.d). The President is both the chief executive and the head of state in the presidential form of government and unique in that she/he is elected independently of the Legislature directly by the people (Ameller,M. 1996: 268). From this, one can understand that, in the presidential form of government, the Legislature has no role in the election of the head of government unlike that of parliamentary form of government in which the parliament or the legislature is actively involved in the appointment and approval of the head of the government. Awel, (2011), further illustrates that the legislature may override the President's veto if they can muster enough votes, especially where the party of the president could not win the majority seat of the parliament. The prominent example with the presidential form of government is the United States of America (IPU, 1986:805) In the presidential form of government, (Awel, 2011:11-12), states that the power of the president includes administrative and political affairs and he is the symbol of the sovereign states and execute government policy. Furthermore, the president has the power to receive and appoint diplomatic invoices, to conclude international treaties, to declare war, conclude peace and commissioning all officials, civil and military and also empowered to appoint the members of his cabinet and some other government officials. As clearly indicated above the president‟s power is shared by the Congress as it requires a congressional endorsement (George, B.Gallovlary, 1961:25). The president enjoys ultimate power decision and, therefore, has complete political responsibility for all executive actions. It is therefore, one can ultimately conclude that, members of the cabinet are expected to carry out the policies of the executive and legislative branches at the satisfaction of the president who is the head of government. Consequently, the control function over the members of the executive resides on both the president and the legislature since they are directly elected by the people. 10 www.abyssinialaw.com The other form of government is the parliamentary form of government in which executive authority emerged from, and is responsible to the legislative authority unlike the presidential form of government. The prime minister is chosen by members of the legislature (Parliament) from among their own member and in practice, she/he is the leader of the majority party in the legislature. The cabinet members must also belong to the legislature, where they are subject to the same kind of questioning that the prime minister faces representing the executive organ. If the prime minister loses the support of the majority in the legislature on a significant vote, he or she must resign, and elections are called immediately. Thus, where as in the presidential form of government, elections are held at fixed intervals, election may occur at any time in the parliamentary form of government. A typical example for the former is the United States and Britain for the latter (Awel, 2011). When we look at the legislative-executive relation in the parliamentary form of government, there is a rigid legislative executive relation. Parliament, especially, the low house (House of People‟s Representative for Ethiopian case), controls the executive. Hence, the legitimacy of the executive depends on the will of the parliament, (Awe, A. 2013). 2.2.2. Parliamentary Oversight and Its Role in Ensuring Constitutional Accountability Parliament, which is the highest representative body collectively and individually, is accountable to the people. Parliament must be reflective of public and social concerns if it is to retain public legitimacy and to ensure Constitutional accountability. Parliaments, by reference of their mandates in constitutions, have the responsibility to ensure accountability and openness of government. They do this by overseeing activities of the executive and its auxiliary bodies to help curb corruption and effect good practices in government. It is therefore important that parliamentary staff is strengthened in their oversight capacity and able to strengthen their duties as nonpartisan repositories of information and can assist parliament in achieving its constitutional functions and accountability. Parliamentary staff therefore helps ensure accountability of government. 11 www.abyssinialaw.com Parliamentary oversight primarily represents the power of the representative body to affect and have control over the executive and its agencies. In a democracy, this is a means of ensuring the accountability of the executive and other institutions as applicable. In this particular case, accountability would mean that the administration and its agencies also have the obligation to account for what they have and have not done (Awel, 2011:2). For a parliament, oversight is a means for holding the executive accountable for its actions and for ensuring that it implements policies in an effective manner. The robust monitoring of the executive by the parliament is an indicator of good governance. Besides the parliament‟s legislative function, it is through oversight that the parliament can ensure a balance of power and assert its role as the defender of people‟s interests (IPU, 1986:805). 2.2.3. Defining Parliamentary Oversight Before going into the details of the subject matter one has to get highlight information about what do parliamentary oversight mean. In this regard, it is necessary to put some sort of definition about the term “Legislative/Parliamentary Oversight”. In this writing the writer tries to use the term “Legislature” and “Parliament” interchangeably as both constitute the legislative organ of the government, though the latter is used in parliamentary form of government. The origin of legislative oversight can be traced back to ancient Greece, centuries before the first European parliaments were formed. Aristotle was the first to highlight the necessity of protecting public funds. During the days of the feudal regimes, the king‟s need for the authorization of the representatives of the upper classes played an important part in the formation of modern parliaments and in the development of their oversight role (Friedberg and Hazan, 2012). The concept “Legislative oversight” interested thinkers already centuries ago. In the 18th century, Montesquieu (1748) determined that the legislative branch in a free country should have the option to scrutinize in what way its laws were indeed being implemented. More than a century later, John Stuart Mill emphasized that the legislative branch‟s job was primarily to oversee the government. Montesquieu and Mill recognized, therefore, the basic objectives behind legislative oversight: transparency 12 www.abyssinialaw.com and accountability – to shed light on the government‟s actions and to hold it accountable to the legislature and through it to the citizens (Friedberg and Hazan,2012). Nevertheless, the term is defined in a way that conveys various approaches to its meaning. Accordingly, contemporary definition of the term relies mainly on the definition of Mill and Montesquieu. They reflect a varied approach to the term, and demonstrate more than anything else its ambiguity. The most widespread definition was coined by Ogul (1976:11), an American researcher who studied the oversight function and its implementation in the United States Congress. To Ogul, oversight is, “behavior by legislators and their staffs, individually or collectively, which results in an impact, intended or not, on bureaucratic behavior”. This wide definition, which has been adopted by many scholars, defines legislative oversight as an integral part of the legislature‟s operation (Friedberg and Hazan,2012). Furthermore, oversight activities, which can be carried out overtly but also covertly, are reflected in the wide range of words used in English to describe oversight: scrutinize, criticize, censure, review, challenge, inspect, question, control, examine, supervise, check, verify, watch and call for account (Friedberg and Hazan,2012). The term oversight is also defined in different literatures. For instance, a working paper produced by the Parliament of the Republic of South Africa, defined it as: “a constitutionally mandated function of legislative organs of state to scrutinize and oversee executive action and any organ of state” (Parliament of the Republic of South Africa, (n.d:8) Parliamentary oversight in its “strongest” sense is by definition political oversight; it is built into the parliamentary system and is inseparable from it. The significance of this is that the government emerges from within the legislative body, needs its confidence in order to stay in office, and can fall in a vote of no-confidence should a majority in parliament withdraw support. “Weak” parliamentary, oversight on the other hand, is by definition administrative oversight, and it includes all those regular and never-ending actions of investigation, examination, questioning and calls to account from the executive branch through varied parliamentary tools: committees; parliamentary questions; correspondence with ministers; and debates (Parliament of the Republic of South Africa, (n.d:8) 13 www.abyssinialaw.com More importantly, parliamentary oversight is the main role of the legislative organ of the government. It is an integral part of the system of check and balance. For instance, in US political system, „congressional oversight of the executive branch is taken as an integral part of the system of checks and balance, and as such, is derived from the implied powers of the constitution of the United States (McGrath, J.,2011). McGrath further states that „the proper office of a representative assembly is to watch and control, the government; to throw the light of publicity on its acts; to compel a full exposition and justification of all of them which any one considers questionable; to censure them if found condemnable, and if the men who compose the government abuse their trust, to expel them from office and either expressly or virtually appoint their successors (McGrath, J., 2011). Form this one can understand that a representative assembly has a responsibility to watch the government its agencies and to require full exposition and justifications of their act, even to make them questionable and expel them from office in case where its founds necessary. Many writers put the importance of oversight in governance that legislative oversight „quite as important as legislation is vigilant of administration‟ (Wilson‟s study cited in McGrath, 2011:5). McGrath further states that accountability and transparency is ensured, and a link between policy and the will of the people can only be existed if there is an effective oversight. 2.3. Purpose of Parliamentary Oversight Various literatures reveal that oversight in governance has multifaceted purposes. The main purpose and goals for legislative oversight are to see that the policy is implemented in accordance with intent and to determine whether policy is effective; to evaluate its impact in accordance with legislative standards. More importantly, it is to prevent waste and dishonesty and to assure efficiency and to prevent discretionary abuse of power by the executive organ of government and to represent the public interest by monitoring and constraining agency-clientele group relations (Friedberg and Hazan, 2012). 14 www.abyssinialaw.com Furthermore parliamentary oversight addresses various objectives if implemented in a proper manner. It ensures transparency and openness of executives. By transparency and openness it is to mean that the parliament shed light on the operations of government by providing a public arena in which the policies and actions of government are debated, scrutinized, and subjected to public opinion. Parliamentary oversight is also a means to make executives accountable for the actions they take. Through its Oversight power, the parliament scrutinizes whether the government‟s policies have been implemented and whether they are having the desired impact or not. Furthermore, Parliamentary oversight establishes financial accountability. Financial accountability is ensured through approval and scrutinizing government spending by highlighting waste within publicly funded services with a view to improve the economy, efficiency and effectiveness of government expenditure. Above all, parliamentary oversight uphold rule of law. The parliament should exercise its function properly to protect the rights of citizens by monitoring policies and examining potential abuse of power, arbitrary behavior, and illegal or unconstitutional conduct by the government and its agencies (Elsa, 2013: 12). 2.4. Accountability and Parliamentary Oversight In dealing with idea of accountability and parliamentary oversight one has to get an understanding of accountability in general. Though various literatures define it in different ways, accountability can be broadly defined as -a social relationship where an actor (be it an individual or an agency) feels an obligation to explain and justify his or her conduct to some significant other (the accountability forum, accountee, specific person or agency) (Ghutto, et al., 2007). Accountability is the hallmark of modern democratic governance. Democracy remains clichéd /done to death/ if those in power cannot be held accountable in public for their acts or omissions, for their decisions, their expenditure or policies. Historically, the concept of accountability was closely linked to accounting in the financial sense. It has however moved far beyond its origins and has become a symbol of good governance both in the public and private sectors. Accountability refers to institutionalized practices of 15 www.abyssinialaw.com giving account of how assigned responsibilities are carried out (Parliament of Republic of South Africa (n.d). Furthermore, accountability is a concept in ethics and governance with several meanings. It is often used synonymously with such concepts as responsibility, answerability, blameworthiness, liability and other terms associated with the expectation of account –giving (The Free encyclopedia). As an aspect of governance, it has been central to discussions related to problems in the public sector, nonprofit and private (corporate) worlds. Accountability cannot exist without proper accounting practices; in other words, an absence of accounting means an absence of accountability. Accountability ensures actions and decisions taken by public officials are subject to oversight so as to guarantee that government initiatives meet their stated objectives and respond to the needs of the community they are meant to be benefiting, thereby contributing to better governance and poverty reeducation (The free Encyclopedia). Exercising public authority may result in arbitrariness if not exercised in a responsible way. More over it results in loss of public trust. Particularly, public accountability, in the sense of transparency, responsiveness, and answerability, is meant to assure public confidence in government and to bridge the gap between citizens and representatives and between governed and government (Aucoin and Heintzman, 2000: 45-55). Accountability can also help to bring a disastrous act to an end because it can offer a platform for the victims to voice their grievances, and for the real or reputed perpetrators to account for themselves and to justify or excuse their conduct. It can be effect of parliamentary inquiries, official investigations, or public hearings. Public account giving is even more important as a mechanism to collectively identify and address injustices and obligations, in order to take corrective measures to heal and put things right (Braithwaite, 1997: 305-361). Public processes of calling public officials be it those elected or appointed by the legislative body to account create the opportunity for penitence, reparation, and forgiveness, and can thus provide social or political closure [emphasis added]. 16 www.abyssinialaw.com The people, who are the primary principals in a democracy, have transferred their sovereignty to popular representatives, who, in turn, have transferred the drafting and enforcement of laws and policy to the government. The executives subsequently entrust the execution of their tasks to the many thousands of public servants at the executives (Przeworski et al., 1999). Accountability mechanisms can also serve as a tool to induce reflection and learning, as feedback mechanisms that can make and keep governments, agencies and individual officials effective in delivering on their promises. It can induce the executive branch to learn and to improve its performance, because it also provides external feedback about the intended and unintended effects of its policies (Behn, 2001). Moreover, the public nature of accountability process teaches others in similar positions what is expected of them, what works and what doesn‟t. According to Argyris and Schon (1978) it is an institutionalized capacity to learn. Although the “Westminster model‟ tends to be viewed as the prototype, (Alter, n.d) states that there is no single model of accountable government or indeed method of calculating the precise extent of the accountability of the executive to the legislature (Alter, n.d). This indicates that accountability depends on the existing circumstances and other factors in which it operates. Answerability and the requirement on governments to inform, explain and justify and enforceability or the capacity of the accounting agency (parliament) to impose sanctions are broad consensus that accountable government involves (Friedberg and Hazan, 2012). The idea of making government answerable and the requirement governments to inform, explain and justify their acts is reinforced (Power and Brazier, 2001:554) that the “parliament should provide a permanent monitor of the work of the government, regularly call ministers to explain their actions and, where necessary, seek remedial action. From this one can grasp that the parliament is expected not only to watch and follow the acts of executive, but also to take corrective measures on the executive to ensure accountability in case of mal-administration and corrupt practices. Here, one can think of the direct relationship between accountability and oversight activities. McGrath, in his doctoral dissertation puts that „accountability and transparency 17 www.abyssinialaw.com in policy implementation does much to convey sense of legitimacy to the process itself and to individual policy programs. This is further explained by McGrath that „legitimacy means, that the power exercised by government agencies is generally recognized by their principles and the community at large as acceptable. 2.5. Mechanisms of Parliamentary Oversight In both long-established and new democracies, the parliament is given the power to oversee the government through a number of tools and mechanisms. Typically, these tools and mechanisms are outlined in the constitution and/or other regulatory texts such as the parliamentary bylaws and/or internal procedures. The specifics of how a parliament can manipulate its oversight prerogative depend upon the existence of a legal framework, which consolidates the position of the parliament as an oversight institution and guarantees its powers and independence within the political system. Thus, while reforming the structure of the political system to increase a parliament‟s constitutionally given oversight capacities may not always be feasible, in some instances, parliaments can improve their oversight capacities by reforming their own rules. For example, a good practice for committee systems is to assign a single committee to each government ministry. Though the powers and modes of inquiry vary among various government systems, in a constitutional or parliamentary democracy, the Executive is accountable to Parliament as the elected representative institution. It is Parliament‟s duty to deliberate on and pass laws, to scrutinize government program and expenditure and to make the Executive accountable. Parliament performs its oversight role by scrutinizing government policies, program, and expenditure plans. This is done, among other things, by making inputs into, approving and monitoring the national budget (Zovoma, 2010). Various literatures show that there are a variety of mechanisms or tools available to the legislature for parliamentary oversight of the executive branch. The most common of these are to be found in three arenas: 18 www.abyssinialaw.com a) The committee arena – this can be classified as permanent committees, subcommittees, ad-hoc committees and committees of inquiry established based on the need of the legislature; b) The plenary arena – questions, interpellations and motions for the agenda; c) Other arenas – the audit and the budget committee (Friedberg and Hazan, 2012). Under the following discussions let‟s see each one by one. 1) The committee arena This is the main tool employed by the legislature where ongoing legislative oversight takes place through committees established in the institution of the legislature based on the need of the legislature and different social, political and economic aspects the legislative body is expected to address. It is in the committees, rather than in the plenary, where more efficient and serious work is possible. The committee structure is usually derived from the parliament‟s rules of procedure and these committees act on behalf of the parliament, under its authority and according to the responsibilities given to them by the working rules and procedures of the legislative institution. Parliamentary committees have evolved over the years in different ways and under different names. Some are quite universal (with certain variations), while others are unique to one parliament or another. It is common to classify them into two main types: Permanent committees and ad-hoc committees (Friedberg and Hazan, 2012). Permanent committees exist in most parliaments, particularly, in western democracies. Their responsibilities, roles and size are usually determined in advance, and most of them deal both with legislation and with the examination of the government‟s activities. As to their number, in a large majority of the cases parliaments have a single permanent committee that parallels each government ministry; in a minority of countries, the numbers of committees and government ministries do not match (Friedberg and Hazan, 2012). Ad-hoc committees are appointed to examine issues of interest that are on the public agenda and that members of parliament deem worthy of particular examination. The responsibilities of ad-hoc committees are defined by the legislature itself, and they disband when their task is completed or at the end of a legislature‟s term of office prior to an election (Friedberg and Hazan, 2012). Among these committees, when it comes to 19 www.abyssinialaw.com legislative oversight, committees of inquiry stand out the most as they are appointed for a limited time in order to examine a failure connected with governmental action, or an action by one of its officials, and they are disbanded immediately after completing their task. In some legislatures, these committees have the authority to subpoena witnesses and to compel them to show any requested documents. Another type of ad-hoc committee is the special committee. The structure of such committees and the regulations regarding their establishment are different from the committees described above, although their task is relatively similar – examining issues of public interest rather than governmental misconduct (Friedberg and Hazan, 2012). Fried and Hazan (2012) further suggest that in parliamentary democracies ongoing oversight of the government and the public administration takes place in the permanent committee arena, but its effectiveness varies between countries. 2) The Plenary arena The plenary tool has two subdivisions under it and these are questions and motion of the agenda. a) Questions Questions (and their more demanding form – interpellations) are another common oversight tool used by the legislature. The motives for posing parliamentary questions to the government and its agencies are many and varied, and include: a request for information; pressure for action to be taken; a demand for information from ministers regarding controversial policy areas; attacking ministers in a difficult political situation; demonstrating concern for constituents‟ interests; building a reputation on certain issues; forcing a compromise on the government; stalling government actions; creating an element of legislative excitement and drama; and advancing personal notoriety. Questions demand that the respondent provide official and valid information on government actions, they can enrich the opposition members‟ knowledge and can ultimately contribute to the government‟s accountability both to parliament and to the public (Cole, 1985: 75-101). Most legislatures in parliamentary democracies use parliamentary questions extensively. Parliamentary questions also serve as a tool for relieving pressure and “releasing steam” in the political system. However, it should be noted that the techniques and procedures for 20 www.abyssinialaw.com implementing this oversight tool differ from country to country (Bruyneel 1978; Chester and Bowring 1962; Damgaard 1994; Franklin and Norton 1993; Martin 2011; Mattson 1994; Rasch 1994; Russo and Wiberg 2010; Wiberg 1995 cited in Friedberg and Hazan). b) Motions for the agenda Motions for the agenda is the second sub-class of plenary arena and they are tool used by members of parliament in order to initiate a discussion in the legislature on an issue of public interest that requires a reaction from ministers, parties or members of parliament. A motion for the agenda is defined as a formal motion submitted by a member of parliament (MP) during a parliament plenary discussion; it deals with the topic being discussed, and it demands action by a minister or by MPs (Robert, 1976). The process for motions for the agenda exists in different European legislatures, but the nature of the process, its objectives, and the procedures it entails are quite different across countries. In Israel, for example, proposing a motion for the agenda is a process that can be used by an MP in order to raise a discussion that is not connected to legislation, and is defined as “a request to include in the parliament‟s agenda a certain topic”. Therefore, it can be seen as either a means for criticizing the government or for publicly voicing an opinion (Friedberg and Hazan, 2012). 3) Other Arenas a) State audit The state audit is the most professional of the parliament‟s oversight tools over the executive branch. It is a managerial function at the highest level of the state administration, with the main task of assuring accountability for the spending of public funds to the legislature as well as to the general public. Friedberg and Hazan (2012:11) suggested that accountability and transparency are essential foundations of a democratic regime, and therefore the state audit institutions contribute significantly to these principles of government responsibility because they are very familiar with the government‟s actions and they have unobstructed access to data, documents and officials in government offices. This free access enables them to provide the legislature with reliable and objective information concerning the government‟s ongoing activities, as well as the government‟s plans and initiatives that have already been implemented. 21 www.abyssinialaw.com Moreover, the key to continuous, ongoing and objective oversight by the state audit institutions is independence from and non-reliance on the executive branch – the body to be audited. And, indeed, in many countries efforts have been made to ensure the statutory independence of state audit through a series of legislations. b) State budget The state budget is one of the most important oversight focal points in a democratic regime. The state budget determines the financial framework for the government‟s operations, and regulates, for a defined period, the state‟s revenue sources and expenditures. The basic principle of the state budget is limiting government activity to the amounts and needs set and authorized by the legislature. However, in a parliamentary democracy the legislature does not take upon itself the preparation of the budget. This task is entrusted to the executive organ and the only option the legislature can do is approving the budget proposal and overseeing its implementation through designed tools of oversight (Friedberg and Hazan, 2012). A study conducted by the World Bank and the Inter-Parliamentary Union in 83 countries showed that legislatures in parliamentary democracies are involved mainly in approving the budget, and are much less involved in its preparation (Olson et al, 2004). As it is indicated in the above study Britain, Canada, New Zealand and Singapore are countries that are characterized by approving government budgets with only limited involvement in their preparation with their parliament, while the German and Swedish parliaments can be an instance having involvement in budget design and approval due to the reforms they made in this field in the 1990 (Olson et al, 2004) 2.6 Factors Against an Effective Parliamentary Oversight Many Literatures indicate that parliaments are the indispensable institutions of representative democracies around the world. Whatever their country-specific rules, their role remains the same: to represent the people and ensure that public policy is informed by the citizens on whose lives they impact. Parliamentary (oversight) is the crucial role of the legislatures in monitoring and reviewing the actions of the executive organ of the government. While it is a relatively simple concept to understand, proves difficult for 22 www.abyssinialaw.com many Parliaments and Legislatures to practice effectively. Based on the individual context of any country, without having an effective parliament, one could not expect the government and its agencies would respond to the needs of the citizen. Because, in case where there is a failure from the side of the government and its agencies, the ultimate responsibility to correct the maladministration resides on the parliament. Parliaments shape policies and laws which respond to the needs of citizens, and support sustainable and equitable development (Power and Shoot, 2012) As mentioned earlier, in addition to playing a representative role the parliament has an Oversight role over the executive organ. In discharging this power and responsibility parliaments, particularly parliaments in developing countries are ineffective (Hudson, 2007:5). Various factors contribute for the parliamentarians‟ ineffective performance. Among these the following are the major factors against effective parliamentary oversight. The following are the major factors affecting parliamentary oversight. These are: Legislative-Executive relationship is another factor which determines the effectiveness of parliamentary oversight. A government with a Legislature lacking the capacity to effectively oversee the executive or influence policy and that exists solely to “rubber stamp” executive‟s decisions cannot be deemed democratic in the modern sense (Awel, 2011). It is very common in most African countries, which have parliamentary government, where the democracy is emerging and inexperienced parliament. In such countries the executive is dominant and the Legislatures are there only to approve without any rigorous debate and criticism. As a result, individual legislators are under significant pressure to vote with their party leaders, who are usually the very individuals selected to constitute the executive. This adversely affects the oversight functions of parliaments In most African countries, which have parliamentary government, where the democracy is emerging and inexperienced parliament. In such countries the executive is dominant and the Legislatures are there only to approve without any rigorous debate and criticism over the proposed bills and policy. As a result, 23 www.abyssinialaw.com individual legislators are under significant pressure to vote with their party leaders, who are usually the very individuals selected to constitute the executive; When we look this in the parliamentary form of government, government is formed from a political party or a coalition of political parties. The leader of party which has won the majority seat in the parliament will constitute government. In this case the Lack of knowledge and skills to do their jobs effectively; in some instances instead of holding the executive accountable they may prefer to retain their seat or if they do seek to strongly hold the executive to account they may find that they lose their seat before long. Moreover, the institution lacks institutional capacity and resource (both human and material) which they need (Hudson, 2007). Lack of training and poor organizational structure is another factor for poor performance of parliamentarians; The infrastructure, and quality of technical support provided by Parliamentary staff are crucial for successful oversight as consideration given to political and soc ial factors (Godi NT, n.d: 2) Hence, the parliament is there only for formality purpose that the executive is dominant over the Legislative organ; proposed bills and policy documents were approved without strong debate by the representative. Consequently, members of the legislature were under strong pressure to properly debate over the proposed bills and policy issues (Awel‟s study cited in Elsa, 2013: 15). The dynamics of political parties is another challenge to implement an effective oversight. In the dynamics of the political parties two factors shape the Oversight process, namely, political party majority and party cohesion, (Wehner‟s study cited in Stanphurt.Rand Alandu,M, (n.d): 8-9). Stanphurt and Alandu further put that government party majority guarantee that the predictability of voting outcomes. They argue that without stable majorities in parliament the executive is required to negotiate with the minority and forge mutually beneficial compromises (Sthanphurt and Alandu, (n.d):8-9). From this one can understand that, the executive will have to make concession - and the 24 www.abyssinialaw.com minority is able to extract compromises that are otherwise inadmissible and this strengthens the oversight process, (Wehner‟s study cited in Stanphurt.Rand Alandu.M, (n.d):9). In general, some of these factors relate to internal factors relating the capacity of the standing committees and others are external factors. 2.7 Conceptual Framework Parliamentary oversight function aims to ensure that the government and its agents use their powers and available resources appropriately and with probity, in way that respond to the needs and interests of all members of the society. Parliamentary Oversight can help guarantee that the decisions and actions of the government stay within the bounds of the law, thereby strengthening an open and transparent democracy. Ultimately, oversight enhances public confidence in the integrity of the government‟s activities and encourages all groups in the community to accept the policies of the executive branch. Over the past decades, many parliaments have evolved to take on greater legislative and oversight powers. The challenge today is for parliaments to use their oversight responsibilities – particularly through the budget process and legislative power – to ensure that the needs of all citizens are heard and met through the delivery of welldesigned programs and services and, at the same time, that mis-use of public funds is minimized. In practice however, many parliaments are ineffective and lack the capacity and/or resources to carry out their role. In this regard, the main purpose of this research is to identify the extent parliamentary oversight ensures constitutional accountability with particular reference to „Caffee‟ Oromiya based on the Constitution of the region and other relevant laws. The research attempts also to investigate the tools that the „Caffee‟employ in its Oversight function over the executive branch of government with a view to explore whether it is effective or not and finally give possible recommendations. Furthermore, the research tries to identify what (economic, legal, institutional and political) factors affect „Caffee‟ in undertaking its Oversight functions over the executive organ of the Region. 25 www.abyssinialaw.com Effects Ineffective and inefficient service delivery Main problem Misuse of Public fund Absence of accountability and transparency Ineffectiveness of Parliamentary Oversight Lackofof Lack Capacity Capacity Capacity Partisanship Lack of Commitment Causes Lack of effective Leadership Poor Organizational Structure and Office Infrastructure Lack of Resource Figure 1.1: Conceptual framework 26 www.abyssinialaw.com CHAPTER THREE METHODOLOGY 3.1. Introduction Under this chapter, the research methodology such as sampling design, sampling technique, sample size, the kind of data collection instruments and data collection procedures, methods of data organization and analysis will be addressed. Moreover, highlight information about the study area will be given. 3.2. Background of the Study Area 3.2.1. General Background ONRS is one of the Regional States in the Federal Democratic Republic of Ethiopia established as per article 47 (4) of the FDRE constitution. Geographically, the Region extends from 3o24'20"– 10o23'26"N latitudes and 34o07'37"-42o58'51"E longitudes. It shares borderlines with all the Regional States in the Federal Democratic Republic of Ethiopia, except Tigray. It also shares international borderlines with the Republic of the Sudan (with 66 km borderline) in the west and Kenya Republic (with 521km) in the south (BoFED: 2008). Finfinne/Addis Ababa/ is the capital city of the region as per Proclamation No 94/2005, article 2 (3) of the Revised Constitution of Oromia. 3.2.2. The Size and Shape of the Region The region is the largest Regional state of the Federal Democratic Republic of Ethiopia. The total area of the Region is 363,136 km2, accounting for about 34.3 percent of the total area of the country. Administratively, the Region is divided into 19 administrative zones, 304 woredas (out of which 39 are towns structured with the level of woredas and 265 rural woredas), more than 6,342 farmer and 482 urban dwellers Kebeles (BoFED, 2008). The region has elongated shape, extending from the Kenyan border in the south to the south east, across central Ethiopia and to the Sudan border in the West. It has a total border length of 27 www.abyssinialaw.com about 5700km (about 600km international borderlines with Kenya and the Sudan, and 5100km with other National Regional States (BoFED, 2008). Oromia National Regional State Figure 3.1 Geographical Location of Oromia Regional State Source: (http://www.pcdp.gov.et/Oromia Profile.pdf accessed on 20 April, 2013) 3.2.3. Population With regard to the population, according to the population and housing census report of CSA (2007), the total population of the region is 27, 158,471million, which accounted 36.7% of the total country‟s population. Among this 23,788,431 is the rural population and represents 87.8% of the total population of the region, while the urban population is 3,858,567, which accounts 12.2%. Of the total population of the region, women constitute about 49.6%, while men constitute 50.4%. According to CSA (2007), the annual population growth rate of the national regional state is 2.9 (BoFED, 2008). 3.2.4 Overview of the „Caffee‟ Oromia Though the 1995 FDRE Constitution establishes three organs of government, until 2001there was no separation among the legislative, executive and judicial organ of the government at states level. Hence, the regional president was the chief executive and head of the regional government and the presiding person of the legislative body. The Oromia National Regional State practice was not exception in this regard. There was a 28 www.abyssinialaw.com fusion of power among the three organs of the government (Tsegaye Regassa, (n.d). After 1991 like other members states of the Federal Democrtatic Republic of Ethiopia, the Oromia National Regional State Constitution Proclamation 1/1995 was revised by the 2001 Constitution Proclamation No 46/2001 with a view to solve the irregularities in the 1995 constitution. As a departure from its predecessors the 2001revised Constitution provides for the three branches of the regional government: the legislative, executive and the judiciary. While the legislative power resides on the „Caffe‟, the power to enforce laws resides on the executive branches of the region. The judicial power resides on courts. Recently, „Caffee‟ has about 537 seats and all seats are occupied by the ruling party of the region, the OPDO/EPRDF. According to article 49 (1) and (2) of the Revised 2001 Constitution „Caffee‟ has a legislative power and subject to the provisions of the Federal constitution. „Caffee‟ is the supreme political organ of the region with the full powers on the affairs of the region. In relation to the thesis at hand among others, „Caffee‟ shall have the power and duty to call and question the President and other Regional officials; investigate performances of the Regional Administrative Council as per article 49(3)(q) of the revised 2001 constitution. 3.3 Research Methodology or Design This research was conducted by interviewing the „Caffee‟ members, experts of „Caffee‟ and executive organ at regional level. In addition, questionnaire was distributed from selected heads of executive organ, process owners and experts of the selected executive organ and the Office of the Speaker and Secretariat of „Caffee‟. 3.4 Sampling Design 3.4.1 Population The participants (Population) of the study were institutions and individuals which are relevant to conduct the research. Accordingly, relevant data was collected from institutions and individuals who have a direct relationship with the topic at hand and have the major role in the oversight functions of the „Caffee‟. Participants of the study who are selected by the researcher were primarily Office of the Speaker and the Secretariat of „Caffee‟ and the chairpersons of Standing Committee. According to the data found from 29 www.abyssinialaw.com the Office of the Speaker and the Secrtariate of the „Caffee, the total number of the members of such committee is about 48. Except some of the members of the standing committee, majority of the members are found at 19 different Zones of the region, so that it is difficult to consult all committee members within a short period of time to conduct the research. As a result, the researcher opts to involve standing committees chairpersons. Secondly, chairpersons of the standing committee have better information than the other members as they work regularly in the office of the speaker and the Secretariat of „Caffee‟. Moreover, senior advisors for the standing committees were the participants of the research. The other participants were Bureaus which are members of the Regional Administrative Council (the cabinet). The regional Office of Auditor General and the Ethics and Anti Corruption Commission were the other major participants of the research. The Office of the Regional Auditor is directly accountable to the „Caffee‟and the findings of audit report from such institution is crucial for the members of the „Caffee‟ and its standing committee in controlling mis-use of public fund. The regional Ethics and Anti-corruption Commission is the other critical institution selected in conducting this research. This institution plays an indispensable role particularly in case where certain corruption cases require legal measures. In general, an attempt was made to include government organs that provide relevant data to conduct the research. 3.4.2 Sampling Technique The sampling technique employed was purposive sampling technique. This kind of sampling technique is based on the interest of the one who conduct the research (Vibute and Filipos, 2009:160). Accordingly, when the researcher deliberately or purposively selects certain units for study from the population, it is known as purposive selection. In this type of selection the choice of the researcher is supreme and nothing is left to chance. It is more useful especially when some of the units are very important and, in the opinion of the researcher, must be included in the sample. Hence, in this research using purposive sampling method the Speaker of the „Cafffee‟, the chairperson of the Standing Committees, advisors of the Office of the Speaker and the Secretariat of „Caffee‟ were selected purposely. Heads of the Bureaus which are the 30 www.abyssinialaw.com members of the Regional Administrative Council (the Regional Cabinet) and process owners and experts working in the Department of Planning in the Bureau which are members of the cabinet were the major participants. Furthermore, the office of the Regional Auditor General and the Ethics and Anti-Corruption Commission are the other major participants of the research which are purposely selected. Especially, the Office of the Regional Auditor General was selected, because the Office plays a pivotal role in supporting the „Caffee‟ and its standing committees so as to control the utilization of public funds. Accordingly, the total Population is about 104. 3.4.3 Sample Size There are various approaches to determine sample size among the given total population. In determining sample size one can employ census if the total population is very small. A Census is a kind of sample size determination mechanism by which the entire population is taken as a sample. It is possible to imitate sample size which is used for similar studies. Using published tables and applying established formula is another available approach to determine a sample size. The most appropriate sample size determination for small population is using census. This approach is the most attractive technique if the population is very small, (Israel, 1992:2). A census has some advantages such as it eliminates sampling errors and provides data on all the individuals in the total population. Hence, the respondents of the study were 104. In the sample size, the speaker of Office of the Speaker and the „Caffee‟ and 7 senior advisors, Chairpersons of the 8 standing Committees, one from each standing committees, 1 Process owner and 4 experts working in the Department of the „Caffee‟ member‟s Capacity Building at the Office of the Speaker and the Secretariat of the „Caffee‟ were the major respondents. Moreover, Heads of 17 Bureaus at Regional Level which are also members of the Regional cabinet, 17 Process owners and 46 experts working at the Department of Planning in 17 Bureaus were the main participants. Furthermore, the Head of Regional Auditor General and the Head of the Ethics and Anticorruption Commission were the major participants. The details of the participants of the research were indicated in the following table. 31 www.abyssinialaw.com Table 3.1: Summary of Participants of the Study Types of data collecting instrument S.N Condition/status of persons 1. 2. The Speaker or Vice Speaker Chairpersons of the Standing Committees Advisors of the Office of the Speaker and the Standing Committees Head of the Office of the Auditor General Commissioner of Ethics and Anticorruption Commission Heads of the 17 Executive organs at Regional Level which are members of the Regional cabinet Process owners and experts working in the Department of the „Caffee‟ members Capacity Building at the Office of the Speaker and „Caffee‟ Oromia. Process owners and experts working at the Department of Planning in the 17 executive organs at regional level which are members of the Regional Cabinet including the Office of the President TOTAL 3. 4. 5. 6. 7. 8. Questionnaire Interview 1 Total 1 8 7 - 7 - 1 1 - 1 1 16 1 17 5 - 5 8 64 100 Rema rk 64 4 104 3.5 Data Collection Instruments Generally three major data collection methods and instruments have been utilized in the study. These were questionnaire; interviews, analysis of legislations and other relevant documents. The primary instruments were interviews. Analysis of legislations was and the questionnaires were used to collect preliminary data. 32 www.abyssinialaw.com 3.5.1 Questionnaire A questionnaire was prepared to gather perceptions both the standing committees and their advisors; and executive organs with a view to achieve the objectives of the study and to answer the research questions. As to the content validity of the questionnaire the „Caffee standing committees and their advisors, heads of executive organs and experts working in the planning department of such organs were made to use them as an input. 3.5.2 Interview An interview was prepared to inquire the relevant subject groups about the role of parliamentary oversight in ensuring constitutional accountability, to identify what tools the „Caffee‟ utilize to conduct its oversight functions and to assess factors adversely affecting such functions. 3.6 Data Collection Procedures Before collecting relevant data prior correspondence have been undertaken with Office of the Speaker and the Secretariat of the „Caffee‟ with a view to get permission and cooperation to gather the data. After completing such prior correspondence, the data was collected in two phases. Accordingly, in the first phase questionnaire was administered. The questionnaire was distributed to the chairpersons of the standing committees, bureaus from the executive organs at regional level, senior advisors of the standing committees of the „Caffee‟, experts both from „Caffee‟ and the executive organ indicated in the sample size. In the second phase, interviews have been conducted with key informants from the Office of the Speaker and Secretariat of the „Caffee‟, the regional Auditor General, regional Justice Bureau and Regional Ethics and Anti-Corruption Commission. Side by side, some documents relating to the topic have been viewed and analyzed. Accordingly, all sample populations were selected. 3.7 Methods of Data Organization and Analysis The methods of data analysis utilized have been a descriptive one and both quantitative and qualitative method of data analysis was employed. More specifically, frequency, percentages and mean scores have been used to analyze the results obtained from the 33 www.abyssinialaw.com questionnaires. With regard to the data collected through interviews, the results have been analyzed qualitatively. CHAPTER FOUR FINDINGS AND DISCUSSION 4.1 Introduction This chapter deals with the findings, discussions and interpretations of the results of data collected through the data collection instruments employed in the research. More particularly, the chapter contains data presentations relating to demographic data, detail analysis and interpretation of the collected data in a way that can address the objective of the research and the research questions. 4.2 Results 4.2.1 Response Rate In conducting this research 100 questionnaires were distributed for standing committee chairpersons, their advisors, experts working in the department of capacity building of the office of the Speaker and the Secretariat of the „Caffee‟, heads of executives organs which are members of the regional cabinet and experts working in department of planning. Out of 100 questinareies 20 of them were distributed for standing committee chairpersons and their advisors, and the remaining 80 were distributed for executive organs heads and experts. Out of 20 questionnaires which were distributed for standing committee chairpersons, their advisors and experts 20 (100%) questionnaires were returned and from 80 questionnaires which were distributed for executives organs 78 (97.5%) of them were returned. The remaining 2(2.5%) questionnaires which were distributed for executive organs and their experts were not returned. In addition to information gathered through questionnaires, interview was conducted with the key informants selected from the Office of the Speaker and the Secretariat of the „Caffee‟, regional Justice Bureau, regional Auditor General and the regional Ethics and 34 www.abyssinialaw.com Anti Corruption Commission. Moreover, an attempt was made to asses some documents such as laws, regulations and auditor‟s report relating to the topic at hand. Table 4.1: Summary of Response rate Types of Respondents Sample Questionnaires Questionnaires Population size Distributed Collected 20 20 20 20 Percentage Interview 100% 1 Standing committee chairpersons, advisors and experts Executive organs heads and experts Total 3 80 80 80 78 100 100 100 98 97.5% 98.75 (average Source: Own computation from primary data source (June, 2013) 4.2.2 Demographic Data Under this subtitle demographic information of respondents from both the standing committees and executive organs will be addressed in terms of sex, age, educational background, job title and wok experience. 4.2.2.1 Sex and Age of Respondents Among the respondents participated in this research from the standing committees and their advisors 19 (100%) of the respondents were males. From the data we can understand that almost all respondents were males. It was expected that the at least Women and Children‟s Affairs Standing Committee Chairperson is a woman and unfortunately it was impossible to get female respondent from the standing committees 35 4 www.abyssinialaw.com and their advisors. With regard to the respondents from the executive organs while 60 (92.3%) of them were males, the remaining 5 (7.7%) of them were females. Regarding the age category of the respondents from the standing committees 4 (20%) of the respondents were less than 20 years, 5(25%) of them were 20-30 years, 8(40%) of them were 31-40 years, and the remaining 3(15%) of the respondents were more than 40 years. Age category of respondents from the executive is treated separately. Accordingly, 1(1.3%) of the respondent was less than 20, 21 (28%) were 20-30 years, 22(29.3) were 31-40, and the remaining 31(41.3%) of the respondents were above 40 years. From this data one can understand that all category of age of respondents is fairly distributed and this enables the researcher to gather information from persons in different category of age with different experiences. Table 4.2: Sex and Age category of Respondents Variables Responses Standing Committee and their Executive Organs advisors Frequency Percentage Valid percent Frequency Percentage Valid Percent 19 95.0 100.0 60 76.9 92.3 - - - 5 6.4 7.7 - 1 5.0 13 16.7 Total 20 100.0 78 100.0 100.0 Less than 20 years 20-30 4 20.0 20.0 1 1.3 1.3 5 25.0 25.0 21 26.9 28.0 31-40 8 40.0 40.0 22 28.2 29.3 > 40 3 15.0 15.0 31 39.7 41.3 Missing - - - 3 3.8 - 20 100.0 100.0 78 100.0 100.0 Male Sex Female Missing Age Category Total Source: Own Computation from primary Data Source (Jun, 2013) 4.2.2.2 Educational Background of Respondents 36 www.abyssinialaw.com With regard to educational background of the respondents from the standing committees and their advisors 8(40%) were diploma holders, 10 (50%) of them were degree holders, and the remaining 2 (10%) were masters and above. Figure 4.1: Educational background of Standing Committees and their advisors Source: Own survey from Primary Data Source, June, 2013 From 78 executive organ heads and experts, 20 (26.3%) of the respondents were diploma graduates, 41(53.9%) of the respondents were degree holders and the remaining 15(19.7%) were masters graduates and above. Two of the respondents missed filling their educational status. 37 www.abyssinialaw.com Figure 4.2: Educational background of Executive Organ Heads and Experts Source: Own Computation from Primary Data Source, June, 2013 4.2.2.3 Job title and Service Year of Respondents 4.2.2.3.1. Job title of Respondents From 15 respondents of the standing committee, their advisors and experts 4 (26.7%) of them were standing committee Chairpersons, 8 (53.3%) were experts, 2 (13.3%) were senior experts, and the remaining 1(6.7%) is a process owner. Regarding the respondents from the executive organ, out of 69 respondents 2 (2.9%) of them were Bureau heads, 29 (42%) were experts, 26 (37.7%) were senior experts, and the remaining 12 (17.4%) respondents were process owners. Figure 4.3: Job Title of Respondents from the standing committee and advisors 38 www.abyssinialaw.com Source: Own Survey from primary Data Source (Jun, 2013) Figure 4.4: Job Title of Respondents from the Executive organ Source: Own Computation from primary Data Source (Jun, 2013) 4.2.2.3.2. Service Year of Respondents With regard to service years of the respondents from the standing committees, their advisors and experts 3 (15%) of them have served for less than 1 year, 8 (40%) of them have served for 1-5 years, 5(25%) were 6-10 years, and the remaining 4 (20%) of the respondents have served for more than 10 years service. From 71 respondents of the executive organ heads and experts 1 (1.4) have served for less 1 year service, 21 (29.6%) of them have served for 1-5 years,19 (26.8%) have served for 6-10 years, 30 (42.3%) of the respondents have served for more than 10 years. The remaining 7 respondents have missed to fill their year of service. Table 4.3: Service Years of Respondents Standing Committee Options Frequency Percent Executives Valid Frequency Percent Percent Valid Percent Less than 1 year 3 15 15 1 1.3 1.4 1-5 years 8 40 40 21 26.9 29.6 6-10 years 5 25 25 19 24.4 26.8 39 www.abyssinialaw.com >10 years 4 20 Missing - - 20 100 Total 20 100 30 38.5 7 9.0 78 100.0 42.3 100.0 Source: Own Computation from primary Data, June, 2013 4.3 Findings 4.3.1 Available Tools of Oversight The parliament is empowered to oversee the government through a number of tools and mechanisms (Zovoma, 2010). Typically, these tools and mechanisms are outlined in the constitution or other statutes or parliamentary bylaws and/or internal procedures. Particulars of how the parliament can manipulate its oversight prerogative depends upon the existence of a legal framework. Committees system is one of the tools utilized by the legislative body to watch upon the acts and administrative decisions of the executive organ in general and its agencies in particular (Friedberg and Hazan,2012). From the data collected the major oversight tools available in the „Caffee‟ Oromia are the following: a) Committee system /Standing and Ad-hoc committees/ based on the preference and need of the „Caffee‟; b) Performance report : submitted at the general assembly of the „Caffee‟ Oromia by executive organs of the region; c) The Regional Auditor General audit Report: which helps as an input in monitoring and evaluating the utilization of public funds and implementation of project plans; d) Information and suggestions: which is being given by the general public to each standing committees and members of the „Caffee‟ when they join with the electorate from where they were being elected to use it as an input for Oversight function. According to Regulation No./2009, A Regulation to Define the Organization, Duties, Ethics of the Members, and Determine the Meeting Procedures of „Caffee‟ Members art. 41 (1), about eight Standing Committees were established. These are: the Legal and Administrative Affairs, Rural Development Affairs, Urban and Industry Development 40 www.abyssinialaw.com Affairs, Budget and Finance Affairs; Social Affairs, Women‟s and Children Affairs, Capacity Building Affairs and Public Accounts Affairs; Literatures reveal that questions, interpellations and motions for agenda are other tools of oversight. Questions are the most commonly used oversight tool by the parliament when the parliament needs urgent response from government and its agencies (Cole, 1985:75101). The motives for posing parliamentary question to the government and its agencies are many and varied. Among others it may include a request for information for certain hot issue, pressure for action to be taken, a demand from ministries regarding controversial policy area (Cole,1985). Motions of agenda is another tool of mechanism in which members of parliament initiate a discussion in the parliament on issues of public interest that require a reaction from government agencies, parties or members of parliament (Robert, 1976). Literatures reveal that the more the number of tools of oversight, the better the level of democracy and accountability (Yamamoto, 2007). From the survey conducted nothing has been said whether „Caffee‟ Oromia utilizes questions and motions agenda as tools of oversight. In practice even though there are various controversial issues to be addressed by concerned government organ, there is a tendency to wait for a regular meeting of the „Caffe‟ Oromia unless in exceptional cases „Caffee‟s extraordinary meeting is called. According to the interview conducted and the response of the participants of the study from the Standing Committee Chairpersons, the oversight tools employed by „Caffee‟ Oromia is limited to Standing Committee, performance report submitted to „Caffee‟s biannual assembly, auditor‟s report and suggestions and information given from the public for members of parliament. Hence, the „Caffee‟ should extend its tools of oversight to encourage more debate and ensure accountability. 4.3.2 Effectiveness of tools of Oversight as Perceived by Standing Committees and Executive Organs As it is indicated in chapter one, the main objective of this research is to identify tools that „Caffee‟ utilize to oversee the activities of the executive organ and its effectiveness in discharging its oversight function. Having this objective in mind, the researcher tried to get the opinion of Standing Committee Chairpersons, their advisors and experts who 41 www.abyssinialaw.com work closely with the standing committee chairpersons and the executive organ heads. Out of 20 respondents from the standing committee chairpersons, advisors and experts who respond whether the effectiveness of tools of oversight utilized by the „Caffee‟ and its standing committee are very low or not, 5 (25%) of them respond it is moderate, 12 (60%) agree that it is very low and the remaining 3 (15%) strongly agree that it is very low. The other additional question forwarded for the standing committees, their advisors and experts is that whether the degree of partisanship within the standing committees charged with oversight is very high. Accordingly, out of 20 respondents, 9 (45%) of them respond moderately. While 9 (45%) of the respondents reply by saying agree, the remaining 2 (10%) respond that they strongly agree that the extent of partisanship is very high. Another question forwarded for both the standing committees and the executive organ in relation to the effectiveness of the Oversight tools, particularly, to the Standing Committees, was that, whether such committees are effective in finding out corrupt practices and other mal administration in their oversight function. Accordingly, out of 20 respondents from the standing committees 1(5%) respondent strongly disagree, 3(15%) respond that they disagree, 6 (30%) of them respond that they are moderate, 8(40%) respond saying agree, and the remaining 2(10%) respond saying strongly agree. The same question is forwarded to the executive organs and out of 76 respondents 8(10.5%) of them respond that they strongly disagree with this idea, 18(23.7%) disagree that the standing committees are effective to find out corrupt practices, 29(38.2%) of them respond the standing committees are moderate in this regard, 16(21.1%) of the respondent agree with the above idea, the remaining 5(6.6%) of the respondents strongly agree that the standing committees are effective in finding corrupt practices and other maladministration. In order to assess the existing practice regarding the degree of partisanship within the standing committees whether it is high or not 11 (55%) agree and strongly agree that the degree of partisanship within the standing committees is high. The remaining 9(45%) respond that the degree of partisanship is medium. Table 4.4: Effectiveness of Tools of Oversight as Perceived by the Standing 42 www.abyssinialaw.com Committees, their Advisors and Executive Organ The effectiveness Valid % Percent Frequency Moderate 5 25 25 - - - Agree 12 60 60 - - - Strongly agree 3 15 15 - - - (Question 2.3) Total 20 100 100.0 The degree of partisanship within the standing committees charged with oversight is very high; (Question 2.5) Moderate 9 45.0 45.0 - - - Agree 9 45.0 45.0 - - - Strongly agree 2 10.0 10.0 - - - - - - tools of of Executive Organ Valid % Options Percent Questions Frequency Standing Committees Oversight employed by „Caffee‟ Oromia is very low Standing committees of „Caffee‟ are effective in finding out corrupt practices and other mal administrations in their Oversight activities Over the executive organ. . How do you rate extent of accountability in your institution? Total 20 100.0 100.0 Strongly Disagree Disagree Moderate Agree Strongly Agree Missing Total Very low Low Moderate High Very high 1 5 5 8 10.3 10.5 3 6 8 2 15 30 40 10 15 30 40 10 18 29 16 5 23.1 37.2 20.5 6.4 23.7 38.2 21.1 6.6 20 - 100.0 - 100.0 - 2 78 6 13 18 34 7 2.6 100.0 7.7 16.7 23.1 43.6 9.0 100.0 7.7 16.7 23.1 43.6 9.0 78 100.0 100.0 Total Source: Own Computation from primary Data, June, 2013 4.3.3 Perceptions on the Role of Oversight in Ensuring Constitutional Ac countability as Viewed by Executive Organ With an objective of assessing the current perceptions of the executive organs on the role of the „Caffee‟s oversight function, the researcher tries to forward how do the executive 43 www.abyssinialaw.com organ evaluate the oversight function of „Caffee‟ in ensuring accountability. Accordingly, out of 78 respondents 8(10.3%) of them respond it is very low; 11(14.1%) respond that it is low; 14(17.9%) respondents say that it is moderate; 20(25.6%) of respondents say that it is high; the remaining 25(32.1%) of them respond that the role of oversight in ensuring accountability is very high. An assessment was conducted also whether parliamentary oversight will help to indicate some mistakes that will occur in due course. Accordingly, from the following table one can see that, out of 77 respondents from the executive organ, only 2(2.6%) of the respondents disagree with the above proposition. While 11(14.3%) say agree with idea moderately, 20(26%) and 44(57.1%) agree and strongly agree with proposition that parliamentary oversight indicate mistakes that may occur in the executive organ. Table 4.5: Perceptions on the Role of Oversight functions of ‘Caffee’ in ensuring Constitutional Accountability as Viewed by Executive Organs Questions Option Frequency Percent How do you evaluate the Oversight functions of „Caffee‟ in assisting Constitutional Accountability; Very low Low Moderate High 8 11 14 20 10.3 14.1 17.9 25.6 Valid Percent 10.3 14.1 17.9 25.6 Very high 25 32.1 32.1 Total 78 100.0 100.0 Disagree Moderatel y Agree Strongly agree Missing Total 2 11 2.6 14.1 2.6 14.3 20 44 25.6 56.4 26.o 57.1 1 78 1.3 100.0 100.0 The oversight function of „Caffee‟ Oromia over the executive organ of the region is important in indicating maladministration that will occur in the executive organ. Source: Own Computation from primary Data, (June, 2013) 4.4 Factors Affecting the Oversight function of ‘Caffee’ Oromia In this sub title the researcher tries to discuss factors affecting the oversight function of the „Caffee‟ as this is one of the objectives of this research. With the aim of addressing this specific objective an attempt was made to gather data in this regard and it is dealt in the following sections. 44 www.abyssinialaw.com 4.4.1 Factors Relating to Organizational Structure According to the data collected whether organizational structure is a factor affecting the oversight function of the „Caffee‟ or not, out of 20 respondents from the standing committees, advisors and experts, 5(26.3%) strongly agree, 1(5.3%) of the respondents respond by saying agree, 8(42.1%) of the respondents reply that such factor is moderate, 3(15.8%) disagree with preposition that organizational structure is a factor affecting oversight function of the „Caffee‟; and the remaining 2(10.5%) of the respondents strongly disagree with idea. The data shows that with the scale of 1-5, when 5 is strongly agree and 1 is strongly disagree, the mean value is 3.21. From the data one can see that the organizational structure of the Office of the Speaker and the „Caffee‟ is one of the major factor affecting the effectiveness of „Caffee‟ and its Standing Committees in their oversight function. Table 4.6: Factors Relating to Organizational Structure Questions Option Frequency Percent There is problem relating to organizational structure of Office the Secretariat of „Caffee‟ Strongly agree 5 25 Valid Percent 26.3 Agree 1 5 5.3 Moderate 8 40 42.1 Disagree 3 15 15.8 Strongly disagree 2 10 10.5 Missing Total 1 20 5 100.00 100.0 Mean Value 3.21 Source: Own Computation from primary Data, (June, 2013) 4.4.2 Factors Relating to Lack of Capacity In relation to lack of capacity of the standing committee in undertaking effective oversight, out of 20 respondents from the standing committees, advisors and experts 1(26.3%) respondent agree that the committees have capacity in conducting oversight, 8(57.9%) respondents say that the committees are moderate, and the remaining 3(15.8%) disagree with the proposition that the committees have capacity in conducting effective oversight. Table 4.7: Factors Relating to Lack of Capacity Questions Option Frequency 45 Percent Valid Percen Mean Value www.abyssinialaw.com Members of the standing committee and other „Caffee‟ members have the capacity to conduct effective oversight Agree Moderate Disagree Missing 1 8 3 1 5 40 15 5 Total 20 100.00 t 26.3 57.9 15.8 - 2.89 100.0 Source: Own Computation from primary Data, (June, 2013) 4.4.3 Factors Relating to Lack of Resource From the survey conducted whether there is sufficient resource or not which enables the „Caffee‟ and its standing committees to conduct effective oversight, out of 19 respondents, 3(15%) said that they strongly disagree with a question that there is a lack of sufficient resource which enables the „Caffee‟ and its standing committees to conduct effective oversight. 6(31.6%) reply that they disagree to the above question, 4(21.1%) said moderate that lack of resource is somewhat a medium factor to affect oversight functions of the „Caffee‟ and its standing committee. The remaining 4(21.1%) and 2(10.5%) agree and strongly agree that there is lack of resource, both human and material is a factor which affects effective oversight. Table 4.8: Factors Relating to Lack of Resource Questions There is a lack of sufficient resource which enables „Caffee‟ and its standing committee to conduct effective oversight; Options Strongly disagree Disagree Moderate Agree Strongly agree Missing Total Frequency Percent 3 15 Valid Percent 15.8 6 4 4 2 30 20 20 10 31.6 21.1 21.1 10.5 1 5 - 20 100.00 100.0 Source: Own Computation from primary Data, (June, 2013) 4.4.4 Unavailability of Standing Committee Members in their Office 46 Mean Value 3.06 www.abyssinialaw.com As indicated in the following table for a question whether all the Standing Committee members are available or not on regular basis in the Office of the Speaker and the Secretariat of Caffee 1(5%) respondent reply positively and the remaining 19(95%) respondents reply that members of the Standing Committees are not available in the Office of the Speaker and the Secretariat of the„Caffee‟. Another question forwarded was whether the standing committee conduct regular meeting or not and 3(17.6%) respondents said that the committees conduct meeting weekly, 2(11.0%) say once in a month, and the remaining 12(60%) respond that there is a meeting on quarterly basis. Table 4.9: Factors Relating to Unavailability of Standing Committee members in their Office on Regular basis as viewed by standing committees, advisors and Experts Questions Do all the Standing Committees members are available in the Office of the Speaker and the „Caffee‟? Do the standing committees conduct regular meeting? Options Yes No Total Yes No Missing Total If your response is „Yes‟ how Weekly often they meet? Monthly Quarterly Missing Total Frequency Percent 1 19 20 5.0 95.0 100.0 Valid percent 5.0 95.0 100.0 18 1 1 20 3 2 12 3 20 90.0 5.0 5.0 100.0 15.0 10.0 60.0 15.0 100.0 94.7 5.3 100.0 17.6 11.8 70.6 100.0 Source: Own Computation from primary Data, (June, 2013) 4.5 Discussion and Interpretation Under this subtitle the discussion and interpretation of data will be made with a view to provide the general overview of the findings of the study based on the data gathered through data collections instruments employed in the study, such as questionnaires, interviews. Moreover, an attempt will be made to see some related documents such as audit reports and laws which are relevant with the topic at hand. 47 www.abyssinialaw.com 4.5.1 Analysis of Demographic Data 4.5.1.1 Sex and Age category Fair distribution of all sex is necessary in any research to avoid biases which may be occurring. As it is indicated in the preceding discussion under Table 4.2 among the respondents participated in this research from the standing committees and their advisors 19 (100%) of the respondents were male and 1(5%) is missing. From the data we can understand that almost all respondents were males. With regard to the respondents from the executive organ heads and experts while 60 (92.3%) of them were males, the remaining 5 (7.7%) of them were females. This data also shows that male respondents have a greater number than the female respondents. With regard to age category of respondents from the Standing Committees, there is a fair distribution from all categories of age. 34(28.5%) respondents were more than 40 years, 30(34.65%) respondents were 31-40 years, and 26 (25.5%) respondents were 20-30 years, the remaining 5(10.65%) were less than 20 years. Hence, there is fair distribution from all categories of age. (See Table 4.2) 4.5.1.2 Educational Background of Respondents As indicated in the finding section, all respondents have an educational status of diploma to masters‟ degree. When we look at the educational background of the standing committees 40% of them are diploma holder, 50% first degree and 10% masters‟ degree holders. Regarding respondents from the executive organ 26.3% are diploma, 53.9% are first degree, and the remaining 10% are masters‟ degree holders. From the data, we can see that there is participation of individuals with different educational background. Hence, it was an opportunity for the researcher to get persons with various level of educational background that helps to fetch ample information which may help the researcher to conduct the research with sufficient inputs (See Figure4.1 and 4.2). 4.5.1.3 Job Title and Service Year of Respondents As indicated in figure 4.3 and 4.4 regarding job title of the respondents, 6(14.8%) of the respondents were standing committee chairpersons and Bureau heads, 37(47.65%) were experts, 28(25.5%) were senior experts and 13(12.65%) were process owners. From the 48 www.abyssinialaw.com data we can see that there is a participation of individuals from top leaders to experts. With regard to the service year of the respondents from both standing committees and the executive organs 34(31.15%) of them have more than 10 years work experience. This helps the researcher to get more information from these experienced individuals. 4.6 Constitutional Oversight Mandate of ‘Caffee’ Oromia In Ethiopia, oversight and accountability are constitutionally mandated functions of legislatures both at federal and at regional level to scrutinize and oversee executive action and any organ of state. Oversight entails the informal and formal, watchful, strategic and structured scrutiny exercised by legislatures, in respect of the implementation of laws, the application of the budget, and the strict observance of statutes and the Constitution. In addition, and most importantly, it entails overseeing the effective management of government departments by individual members of the relevant executive authority in pursuit of improved service delivery for the achievement of a better quality of life for all people. When we look at the situation in Oromia National Regional State, „Caffee‟ Oromia is mandated to conduct oversight over the government organ of the region. In terms of the provisions of the region‟s Constitution, „Caffee‟ is required to maintain oversight of all organs of the region. There are constitutional provisions and other legislations which empower „Caffee‟ and its standing committee to watch, monitor and evaluate the implementation of policies, strategies and laws. Article 49 (3) (q) of the revised Constitution clearly provides that the „Caffee‟ shall call and question the president and other regional officials, investigate performance of the regional administrative council (the cabinet). In addition to this constitutional provision, there are laws that refer directly the oversight function of the institution of the „Caffee‟. For instance, article 42 and the following provisions of Regulation No 3/2009, A Regulation to Define the Organization, and Determining the Meeting Procedure of „Caffee‟ Members deals with the objectives and matters of oversight. Particularly, article 42 of the above regulation puts the objective of oversight as follows: 49 www.abyssinialaw.com “… is to check whether government and public resources and properties are properly and equitably utilized, works are being carried out in accordance with rules and regulations…” Moreover, article 43 of the same regulation provides that proper implementation of policies strategies, plans, laws and programs of the region, effective and efficient utilization of budget and other resources are matters of oversight. Government organs at regional level, branches of the regional government organ and internal organs accountable to the „Caffee‟ are subject to „Caffee‟‟s oversight. In general, „Caffee‟ has constitutional mandate to oversee the government organs of the region. 4.7 Perceptions on the Role of Oversight in Ensuring Constitutional Accountability As indicated in the review of literature parliamentary oversight primarily represents the power of the representative body to affect and have control over the executive organ and its agencies. In democratic governance, it is a means of ensuring the accountability of the executive and other administrative agencies. Accountability would mean that the administration and its agencies also have the obligation to be accountable for what they have done and have not done (Awel, 2011:2). In order to undertake effective oversight institutional consciousness of both members of the parliament and other government organ is crucial. An institutional consciousness of members of parliament may be weak or non-existent, and unless some key members are concerned for the power and development of their legislature. With an objective of assessing the current perceptions of the executive organs on the role of „Caffee‟s oversight function, the researcher tries to forward how do the executive organ evaluate oversight function of „Caffee‟ Oromia in ensuring accountability. As shown under Table 4.5 majority of respondents 55.7% reply that parliamentary oversight has a great role in ensuring accountability if implemented in a proper way. An assessment was also conducted whether parliamentary oversight will help to indicate some errors that will occur in due course. Accordingly, as it is indicated in Table 4.6 in the finding part one can see that, out of 77 respondents from the executive organ, only 2(2.6%) of the respondents disagree with the above proposition. The remaining 50 www.abyssinialaw.com 75(97.4%) agree that parliamentary oversight indicate mistakes that may occur in the executive organ. However, respondents for the qualitative data argue that the problem is not the perception on the role of parliamentary oversight in ensuring government accountability; rather the problem is weak implementation of laws and regulations. Hence, standing committees should have to have a greater concern for the development of their institution with an objective of protecting public interest by making government and its agencies accountable according to the established rules and regulations. The standing committees should have to undertake continuous follow up and monitoring whether their recommendations are implemented or not. Furthermore, they have to establish a discussion forum with the all concerned organs as to the implementation of their recommendations to take further measure for improvement. 4.8 Factors Affecting the Effectiveness of ‘Caffee’s Tools of oversight as Perceived by Standing Committee and Executive Organ As it is indicated in chapter one, the main objective of this research is to assess the effectiveness of oversight tools in discharging its oversight function. Having this objective in mind the researcher tried to get the opinion of the standing committee chairpersons, their advisors and experts who work closely with the standing committee chairpersons and the executive organ heads. In assessing the effectiveness of tools of oversight currently available, questions were forwarded to Standing Committees, their advisors and experts working with the committee. Accordingly, the following are the major factors affecting the effectiveness of „Caffee‟ oversight function. 4.8.1 Lack of Capacity of Standing Committees Since the most commonly used oversight tool is committee system, the researcher opted primarily to assess the effectiveness of standing committees. Standing committees are described as the „engines of parliament‟ in its oversight function. As it can be seen from the survey report, majority (75%) of the respondents from the standing committee reply that it is not effective because of various reasons. The first reason for the ineffectiness of the standing committees is lack of capacity. Standing committee members have no technical capacity in detecting fraud and other mal-administration. Most of the 51 www.abyssinialaw.com monitoring and evaluation activities conducted by the standing committee members are mainly focus on field visit and physical observation. In order to conduct oversight and perform other duties entrusted to them, parliamentarians may lack the knowledge and skill. In some instances lack of awareness and required skill results the members to retain their seat instead of holding the executive accountable or they assume that if they do seek to strongly hold the executive to account they may find that they lose their seat before long. As indicated under Table 4.7 majority of respondents (84.2%) confirmed that lack of capacity is a critical problem rating next to organizational structure with a mean value of 2.89. The researcher also conduct an interview with some key informants whether the standing committees lack capacity and their response was absolutely true though some efforts have been made to capacitate them through training and by availing advisors for each standing committees. Respondents forward that currently there are senior advisors who support the standing committees though there is lack of required capacity. Respondents add that the existing advisors are not foresighted and there is a limitation in supporting the standing committees in their over sight functions at the required level. The current practice shows that majority advisor are from individuals who were retired members of „Caffee‟ and so that they are not in a position to provide advisory support to the standing committee at required level unless some exceptional individuals are assigned. In addition to lack of capacity, poor infrastructure relating to information technology is another critical challenge. As per article 91 of Regulation No 3/2009, „Caffee‟ shall have a responsibility to deliver capacity building training for its members to capacitate members to the extent of its capacity and in a manner relevant to their works. In addition, members have the right to get library and internet service, counseling, and other services to capacitate themselves; because, poor information technology infrastructure is one of the critical factor affecting the capacity of parliamentarians. Data collected qualitatively also supports the above idea that, in the first place, there is no as such deep investigation of the acts and decisions of executive organs. It is simply physical evaluation that is undertaken. Secondly, in the process of monitoring and evaluating construction projects, the Standing Committees are 52 www.abyssinialaw.com not supported by professionals who have technical capacity in this regard. The monitoring and evaluation process mainly focuses on physical observation. Moreover, an interview conducted with the key informants reveal that since the majority of the Standing Committees are from the executive organ, there is a fusion of power so that it is difficult to conduct genuine monitoring and evaluation. 4.8.2 Partisanship One of the gaps in oversight function is the degree of partisanship within the committee charged with oversight which affects adversely the effectiveness of oversight function. An assessment conducted through field survey shows that, the degree of partisanship at committee level is high. About 55% of respondents agree that there is high degree of partisanship, thereby encouraging a more collegial atmosphere for deliberation (See Table 4.4). At committee level some respondents thought that personal interest is supreme and members of committee are oriented towards achieving personal interest or parochial party interest instead of public interest. Informants add that they thought that standing committee members from the executives are political assignee and even though they observe some maladministration there is a situation in which members opted to keep silent because of party discipline. Party discipline means the guiding rules that each party member is obliged to confirm with (Awel, 2011). Awel further states that, party discipline limits the capacity of the members of the party not to go out of the party‟s agenda and programs. Respondents thought that the landslide victory of the ruling party of the region, the OPDO have an effect on the „Caffe‟s competence though some progresses have been seen currently. Party discipline is the ability of a parliamentary group of a political party to get its members to support the policies of their party leadership. When we look at the current practices in the „Caffee‟s oversight function since almost all of the elected members of „Caffee‟are from the ruling party there is a tendency towards not to go out of the ruling parties agenda. As indicated under article 31 Proclamation No 153/2009 Proclamation No153/2009(as amended) A Proclamation to Provide the Organization, Duties, Conducts and Meeting Procedures of „Caffee‟ Members, the monitoring and evaluation conducted by the 53 www.abyssinialaw.com „Caffee‟ and its Standing Committees have the objective of checking whether government and public resources are utilized properly. It has also an objective to ensure whether works are carried out in accordance with rules and regulations. Above all, as stated under the same proclamation article 31(4) it has an objective to ensure democracy and good governance. With aim of addressing this objective the Standing Committees are empowered among others, subject to the purpose of their establishment, to conduct study and supervise the effective implementation of laws, policies, and strategies. They are mandated with the power to supervise and investigate genuinely government bodies assigned to them as per article 75(9) of Regulation No 3/2009. Despite all this legal ground, majority of the Standing Committees are not willing to go into the detail. Consequently, though such Committees are mandated to conduct oversight in strict sense, there is a gap in practice. In addition, there is lack of commitment from the standing committees to work for the development of the institution of „Caffee‟. From this, one can understand that the standing committees are not in a position to discharge their duty at required level. This requires much effort in order to make effective the institution of „Caffee‟ and its standing committee through training and research with a view to make effective the standing committee‟s oversight function. 4.8.3 Weak Implementation of the Audit Findings of the Regional Auditor General Institution of Auditor General is one of the external tools which help the parliament in its oversight function. It plays an important role in oversight process. Its main task is assuring accountability for the spending of public funds. As Friedberg and Hazan (2012:11) suggests accountability and transparency are essential foundations of a democratic regime; and therefore, the audit institutions contribute significantly to these principles of government responsibility; because they are very familiar with the government‟s actions and they have un obstructed access to data, documents and officials in government offices. This free access enables them to provide the legislature with reliable and objective information concerning government‟s ongoing actions. Moreover, one of the importance of audit institution is its independence from and non-reliance on the executive branch-the body to be audited. 54 www.abyssinialaw.com In this regard, the Oromia National Regional State Auditor General is one of the public institutions established by Proclamation No154/2010. According to Article 4(2) of this proclamation the office is directly accountable to „Caffee‟. Among others, as per the above proclamation, the Office has the following power and duties: Carry out or cause to be carried out an audit on the account of government offices and public enterprises so as to ensure that the resources of the government and the public general be utilized only for the benefits of the public and that it brings about the required result; It shall follow up the implementation of audit report findings and report the result to the concerned body; Where the outcome of the audit findings as the case may be results administrative accountability, shall report the case to Public Account Committee Affairs standing committee and concerned body so as to take corrective measures; it shall also have the power its implementation; Where the findings of the audit report results in criminal and civil liability it shall refer to those having the power to investigate and prosecute; follow up its implementation; Based on the power and duty entrusted to it the Auditor General is closely working with the Office of the „Caffee‟ and its Standing Committee particularly, with the Public Account Committee (PAC). With regard to current practices in supporting the Office of „Caffee‟ and its standing committee key informants reply that since 2002 E.C, there is a progress that the office is primarily working on awareness creation. Various trainings have been delivered to create awareness on financial laws and regulations and administration, utilization and management of government properties since the major source of mis-utilization of government fund is due to lack of awareness on financial laws and regulations. As the data from the interview shows, the major problem is lack of awareness from both the civil servants and members of the „Caffee‟. Majority of interviewees argue that it is mandatory to create awareness to bring about required attitudinal change towards the utilization of public fund. Sometimes the mis-use of public fund is created knowingly or 55 www.abyssinialaw.com unknowingly. That is to mean, there is lack of capacity/awareness on what the law says. Respondents thought that also there is no political commitment. Individuals who embezzled public fund were even assigned to another better position despite the fact that they utilize public fund for their personal interest. Therefore, we need to work first on attitudinal change. However, the survey data shows that there is a challenge in expanding audit service coverage in terms of institutions and amount of budget audited. The informants claim that there are various challenges to carry out its mandates; as a result it is always in arrears with its audit reports to „Caffee‟. It has largely caught up with audit backlog. The major challenges in this regard are the following: Lack of implementation of the findings of audit report; Lack of capacity and human resource which limits the coverage of audited institutions; Weak control mechanism, particularly in the utilization of government budget; Weak internal audit mechanism; internal auditors have no professional independence, they are under the influence of their institutions to properly discharge their duty‟ Lack of professional guidance on the major construction projects; members of the standing committee have no professional capacity to monitor and evaluate the quality of projects under construction, some constructed projects were nonexistent or under required quality; Lack of awareness among the leaders and performers; In dealing with corruption cases uncovered through audit findings both the „Caffee‟ and the Auditor General have no prosecutorial power, and they are obliged to refer the corruption cases and other criminal cases relating to mis-use of public fund to Ethics and Anti-corruption Commission or Regional Justice Bureau as the case may be. According to the informants of this research there is a delay in those institutions that have the power to investigate and prosecute such cases. There are no timely measures taken. Consequently, the audit report findings were not implemented, because, „Caffee and the Office of the 56 www.abyssinialaw.com Auditor General rely on multiple agencies and channels for further action, including Public Prosecution and investigation findings of Public prosecution Office and Police Office. In this particular case, majority of respondents express „Caffee‟ and its Standing Committee as a „toothless dog which cannot beat”; because, they have no prosecutorial power, so that it is up the Public Prosecution or Ethics and Anticorruption Commission to decide on the cases as informants said. Informants recommend that Caffee should continuously follow up its recommendations. Because the main gap in this regard is that once the findings of the audit report is referred to the Prosecution or Ethics and Anticorruption Commission, there is no continuous follow up for the implementation of the findings of audit report. In addition to field survey conducted analysis of the findings of the 2004 E.F.Y audit report findings of the audit report in 2004 shows that the Regional Auditor General Office audit coverage in terms of money was about 558,527,298.14 Eth birr. Out of this audited money about 187,844,667.57 (34%) Eth birr was returned through administrative way and the remaining 368, 230,194.89 (66%) Eth birr have not been returned, (The Regional Auditor General audit Report,2004 E.C). From this data one can understand that how government accountability is at stake. Therefore, it is imperative to work on this issue with a view to realize accountability. The „Caffee‟ and concerned organs should work in collaboration to curve this gap According to interview conducted with key informants, the law states that those who embezzle public fund have both administrative and criminal liability. However, the practice shows that those individuals who return public money through administrative procedure are not criminally charged. Informants claim that such individuals should have to be liable criminally though they return the money they embezzled. Hence, the „Caffee‟ and the Auditor General, and other concerned body are expected to take corrective measures in this regard through continuous follow up and supervision. 57 www.abyssinialaw.com 4.8.4 Other Factors Affecting Oversight functions of „Caffee‟ Oromia 4.8.4.1 Factor Relating to Organizational Structure As indicated in the review of literature parliaments are the indispensable institutions of representative democracies around the world. They have a crucial role in monitoring and reviewing the actions of the executive organ of the government through their oversight functions. In discharging of this function, parliaments, particularly, parliaments in developing countries are ineffective (Hudson, 2007:5). Various factors contribute for the parliament‟s ineffective performance. One of the factors affecting oversight function of the parliament is poor organizational structure. In this regard, an attempt was made to asses factors affecting the oversight function of „Caffee‟ Oromia through data collection instruments employed in this research. As it is evident from the collected data, majority of respondents from the standing committees, advisors and experts of the Office of the Speaker and the Secretariat of „Caffee‟ 14(73.7%) replay that organizational structure of the Office is a major problem affecting „Caffee‟s oversight function with a mean value of 3.21 in the scale of 1-5, where 5 is strongly agree and 1 is strongly disagree (See Table 4.6). Respondents raise various issues in relation to organizational structure of the Office of the Speaker and the Secretariat of „Caffee‟ Oromia that the office‟s salary scale is not attractive so that there is a staff turnover. The data collected through interview also supports the above idea that organizational of the Office is another factor affecting the oversight function of standing committees and other „Caffee‟ members. According to key informants the Office and its standing Committee should be supported by advisors who have required capacity. Currently, since the organizational structure of the Office is not attractive in terms salary, experts who have required capacity may not stay for long. Moreover, the Office did not have a research department which may help to conduct its oversight function with research and professional guidance. Hence, the organizational structure of the Office should be reexamined in a way that attracts capacitated professionals and the Office should have to have a research department as a tool to make effective its oversight function. 58 www.abyssinialaw.com 4.8.4.2 Lack of Resource The survey data indicates that lack of resource is another critical factor affecting the oversight functions of „Caffee‟ Oromia. From the data shown in Table 4.8 lack of resource is the third major factor with a mean value of 2.79 next to lack of capacity of the standing committees. Interviewee adds that lack of office is another observed problem though there is an effort to solve the problem faced in this regard. The office have no its own building until now since its establishment. It is in the rental building that delivers all services for the last 19 and more years. Moreover, lack of budget is a critical problem which exposes the office for the shortage of human power. Therefore, this needs an urgent response from the government side in order to capacitate the office with required resource both human and material. The leadership of the office should work in collaboration with concerned organs to solve such problems. As (Griffith, 2005) puts parliament alone cannot guarantee accountability across the entire range of government activity. 4.8.4.3 Unavailability of Standing Committees on Regular basis on Committee Works Legislative engagement in oversight activities depends on the capacity of the legislature. As Abellerera,E (n.d) states legislative capacity has at least three dimensions: the amount of time legislatures spend on the job; the amount they compensated; and the size of the legislature staff. Here, one can understand that the time legislature spends on their oversight function has an impact on the effectiveness of oversight activity. The survey data collected depicts that majority of the standing committee are not performing their committee functions on regular basis. Majority of standing committee members are called when there is an issue to be discussed. The researcher has tried to assess reasons for the unavailability of all standing committee members. As one key informant reply through an interview conducted, it is because of budget constraint that only standing committee chairpersons are obliged to do their job on regular basis. Proclamation No 153/2009 article 41 sub articles 4 provides that 3-5 members of the 59 www.abyssinialaw.com Standing Committees including the Chairpersons‟ are required to work regularly at the Office of the Speaker and the Secretariat of the „Caffee‟. Despite this legal provision, in reality it is only the chairperson of each Standing Committee who is currently available at the office on regular basis. This shows that majority of committee members are not working on regular basis. The „Caffee‟ being the supreme organ of the region while approving necessary budget for other government organs, it is in a critical problem as regards to its own case. From this we can understands that unavailability of committee members at the office of the Speaker and the Secretariat of „Caffee‟ is a critical problem that affects the committee‟s oversight activity. Respondents thought that though the leadership of the Office is claiming for additional budget there is response from the government. Much attention has not been given for the Office from the executive organ in this regard. Therefore, the office of the Speaker and the Secretariat of „Caffee‟ is expected to work to get necessary resources. The concerned government organ on its part also should provide necessary resource to curve the problem. 60 www.abyssinialaw.com CHAPTER FIVE CONCLUSION AND RECOMMENDATION 5.1 Introduction Under this chapter, conclusion and recommendations of the study will be dealt with. While the conclusion was given based the whole discussion of the study, the recommendation part was addressed based on the findings of the study. 5.2 Conclusion It is generally accepted that the legislative body plays a primary role in democracies as it gives a voice to the people through its elected representatives. The generic role of the legislature is to represent the public, to make laws and to exercise oversight over the organ of the government. Among other roles, oversight is one of the major roles of the legislative through which the legislature make accountable the executive organs of government. At this juncture, none of us would find fault if it is stated that oversight and accountability lies at the very heart of democracy. It is obvious that true democracy cannot be attained if these aspects are missing. The public who vote to have members represent them in Parliament demand accountability of their governments through vigilant oversight by the legislature. In this particular case, it is clearly indicated in chapter one of the study that the main objective of this study was that to evaluate the extent of the effectiveness of oversight functions of the „Caffee‟ Oromia over the executive organ of the ONRS to ensure constitutional accountability. In this study, the researcher has tried to indicate how far a form of government and other constitutional arrangements create variation in the tools utilized by parliaments to exercise oversight function. The researcher has attempted to present the theoretical underpinning to oversight and accountability in the democratic context before turning to the current practices how „Caffee‟ Oromia conducts oversight and the extent of accountability. Purpose of parliamentary oversight is also another point discussed in the 61 www.abyssinialaw.com study that it has multifaceted purposes. It helps the legislative body to watch over the executive organ whether it executes the policies, strategies and laws in accordance with the intended purposes. Mechanisms of oversight such as committee system, questions, motions of agenda, state audit and state budget are another major points discussed in the literature review part. Factors against effective parliamentary oversight such as lack of knowledge and skill, lack of resource, lack of training and poor infrastructure and quality of technical support provided by parliamentary staff are among the factors against effective parliamentary oversight. When we come to the current practice in ONRS, „Caffee‟ is mandated to conducted oversight over the government organ of the region. As per the terms of the region‟s Constitution, „Caffee‟ is required to maintain oversight of the government organ of the region as per article 49(3)(q). This article states that, „Caffee‟ is mandated to call and question the president who is the head of the government and supreme leader of the executive organ, and other regional officials; investigate performances of the regional administrative council. Here, from the words of the Constitution, the need for oversight has a constitutional ground with a view to make government acts and decisions accountable. Based on the above Constitutional provisions and other statutes mandating „Caffee‟ to conduct oversight, an attempt has made to assess the tools currently utilized by „Caffee‟. The findings of the study shows that the available tools of oversight are limited to standing committee, performance report submitted by executive organs biannually to „Caffee‟s general assembly, the Auditor General audit report, and suggestions and information delivered to the individual members of „Caffee‟ by the electorate. Literatures reveal that questions, interpellation and motions of agenda are other tools of oversight. Utilizing various tools of oversight enables the parliament („Caffee‟ in Oromia case) to initiate a discussion in the „Caffee‟s general assembly on issues of public interest. The findings of the research shows that except the above mentioned tools questions, interpellation and motions of agenda are not utilized as a tool of oversight. Even though there are various issues to be addressed by concerned executive organ, there is more 62 www.abyssinialaw.com tendencies to wait for „Caffee‟s regular meeting unless in exceptional cases an extraordinary meeting is called. Assessment of the effectiveness of tools of oversight employed by „Caffee‟ Oromia was another objective of this study. As the main tool of oversight available is the standing committees, the primary concern was given to the effectiveness of such tool. From the survey data it can be concluded that in their oversight function, the committees are not as such effective. This is because, firstly, there is no deep investigation of acts and decisions of executive organs. It is simply physical observation. Secondly, the Standing Committees are not supported by professionals who have the required technical capacity, particularly, in monitoring and evaluating construction projects under the jurisdiction of the regional government. The other gap identified in relation to effectiveness of the Standing Committees was that the extent of partisanship within the committees charged with oversight function. The findings f the research shows that the degree of partisanship is almost high. About 55% of respondents agree that there is high degree of partisanship, thereby encouraging a more collegial atmosphere for deliberation. Respondents thought that at committee level personal interest is supreme and members of committee are oriented towards achieving personal interest or parochial party interest instead of public interest. Furthermore, the findings of this study shows that majority of the members of the standing committee were from the executive organ and consequently, it is difficult to conduct genuine monitoring and evaluation on the performance of the executive organ. This is because that there is a fusion of power between the legislative organ and the executive organ. Lack of commitment and awareness is another gap identified. Except some key members, many of „Caffee‟ members lack awareness to work for the development of the institution of „Caffee‟. Since the office has no research department, there is no opportunity in which the standing committees are being supported by research based information. The other tool of oversight available for „Caffee‟ is the audit report findings submitted by the Regional Auditor Office. The Office is working closely with „Caffee‟ and its standing Committees, particularly with Public Account Committee (PAC). The main problem in 63 www.abyssinialaw.com this regard is weak or no implementation of the findings of the audit report. Lack of capacity and human resource which limits the coverage of audited institution is another challenge. Weak control mechanism, particularly in the utilization of government budget, weak internal audit mechanism was another major gaps identified by this thesis. Especially, lack of professional independence of the internal auditors is the major challenge which aggravates the problem. Poor organizational structure was another challenge identified by this thesis. Many of the respondents reply that the salary scale of the office of the Speaker and „Caffee‟ Oromia is not attractive so that there is a continuous staff turnover. According to the findings of the study experts with required capacity may not stay for long. In fact this needs further investigation. Lack of capacity and necessary resource is another factor. Even though there is an effort to capacitate members of standing committees through training, it needs much to work on it. With regard to lack of resource the office has no required staff and its own office. It has no office of its own since its establishment. As a result, the Office encounters many challenges even to effectetively discharges its overall duties. The survey data shows that there is a problem in preserving some documents and to utilize IT infrastructures; because they are moving here and there year after year for search of office facilities. Moreover, respondents confirm that there is no sufficient office to handle the whole staff, and consequently, majority of the staff thought that they are obliged to work in a small room over crowdedly. Unavailability of the standing committee members on regular basis in their office is another critical factor which affects the „Caffee‟s oversight function. The problem in this regard is lack of budget and necessary budget. As per article 41 sub article 4 of Proclamation No153/2009 3-5 members of the Standing Committees are required to perform on regular basis their committee works, However, because of lack of necessary budget and shortage of office facility it was impossible to do so. In general, it can be said that because of the above mentioned factors the Caffee‟ Oromia is not conducting effective oversight on the executive organ of the region at required 64 www.abyssinialaw.com level. Consequently, the system of constitutional accountability that the parliamentary oversight intends to bring is in question. 5.4 Recommendations Based on the facts identified, the writer of this study would like to recommend the following points. 1) Since one of the gap identified in the study is a limited use of tools of oversight, the „Caffee‟ and its standing committee should use all available tools including questions and motions of agenda to encourage more discussion and debate on matters of public interest; 2) The members of „Caffee‟ and its standing committees charged with oversight should be free of partisanship in order to encourage more debate on matters of public interest. Moreover, parochial party interest should be avoided in order to conduct genuine monitoring and evaluation of the executives acts and decisions to defend public interest and ensure constitutional accountability; 3) One of the major problem in conducting effective parliamentary oversight is lack of commitment from some „Caffee‟ members in general and its standing committees in particular; High commitment should be developed in this regard; „Caffee‟ members and its standing committees should work in full commitment; they are expected towards working for public interest. 4) Lack of capacity is another critical challenge identified by this study; as indicated above the findings of the study clearly indicates that majority of the oversight function of „Caffee‟ was not supported by research and capacitated professionals. Hence, the Office of the Speaker and the Secretariat of „Caffee‟ should work on capacity building activities. While working on capacity building activities of „Caffee‟ members and its standing committee, considerations should be given, primarily, to the Office; because elected members of „Caffee‟ were changed every five year except few returning members. In order to enable the Office to support „Caffee‟ members and its standing committees on continuous basis the Office should be strengthen both in human and material resources; 65 www.abyssinialaw.com 5) The Office of the Regional Auditor General should be supported with required human resource hiring capacitated experts to support „Caffee‟ and its standing committee in its oversight function; 6) Internal auditors should be professionally independent to monitor and evaluate the internal utilization of government fund and property before things become worse; Hence, more attention should be given to preventing misuse of government resource; 7) The „Caffee‟ and its standing committees should undertake continuous follow-up and monitoring to check whether their recommendations and the findings of the audit report is implemented by concerned organs and it should work with other concerned organs such as Ethics and Anticorruption Commission and Justice Bureau for the implementation of its recommendation in case where some corruption cases are identified; 8) The Office of the Speaker and the Secretariat of „Caffee‟ should be provided with necessary budget and office facility to curve problems in this regard; The Office has to identify its budget needs and should submit it to the concerned organ; 9) The standing committees should work on regular basis with a view to discharge their oversight function accorded to them by law; 10) The leadership of the office should work continuously on the development of the institution; 11) Since one of the problems identified was poor organizational structure, particularly, in terms of the scale of salary, which results in unattractiveness of the office‟s structure, further investigation should be made in this regard. 66 www.abyssinialaw.com BIBILIOGRAPHY 1. List of Books and Articles Abellera, E. Explaining legislative oversight in Philippines Sub national Governments: Institutional Impediments in Good governance Governments. Awel. A, 2011, Parliamentary Oversight and Its Role in Ensuring Constitutionalism and Accountability Under the FDRE Constitution, Unpublished, Faculty of Law,AAU. Ameller, M. (1996) Parliaments, A Comparative Study on the Structure and Functioning of Representative Institutions in Fifty Five Countries; Asserting Parliament‟s Oversight Role in Enhancing Democracy, Oversight and accountability Model, The Parliament of the Republic of South Africa. Aucoin, P. and R. Heintzman. (2000),The Dialectics of accountability for performance in Public Management Reform., International Review of Administrative Sciences. Argyris, C. & D. Schon, (1978), Organizational Learning; A Theory of Action Perspective, Reading Mass; Addison Wesley. Burns and Grove S.K, (1999), Understanding Nursing Research,(2ndEd). Philadelphia: Saunders. 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Friedberg,C and Hazan ,(2012) “Parliaments in Changing Times”, Strengthening Legislative Oversight in Parliamentary Oversight, A Paper presented on Inaugural General Conference of the ECPR Standing Group on Parliaments, The Houses of the Oireachtas, Dublin, Ireland; Ghutto S et al. (2007) Study commissioned by Parliament, A study on enhancing the status, role, image And positioning of the Parliament of the Republic of South Africa. G. Power and A. Brazier,(1961), “Making Government Accountable”, Parliamentary Affairs. George, B.Gallovlary, The Legislative Process in Congress. Israel, Glenn D. 1992. Sampling The Evidence Of Extension Program Impact, Program Evaluation and Organizational Development, IFAS, University of Florida, PEOD6. November‟ Inter Parliamentary Union, Parliaments of their World: A Comparative Reference Compendium (1986). John K.Johnson and Robert T. Nakamura, (1999), Legislatures and Good Governance, UNDP. MR. Zovoma, (2010) A. International Conference of Inter-Parliamentary Union, Conference held on the Challenges Parliamentary Committees face in Exercising Oversight function on the executive, Geneva. Olson, D.M., Pelizzo, R. and Stapenhurst, R.,(2004).“Introduction.” In: Olson, D.M., Pelizzo, R. and Stapenhurst, R. (eds.) Trends in Parliamentary Oversight. Washington, DC: World Bank Institute. Oversight and accountability Model, Paper prepared on Asserting Parliament‟s Oversight Role in Enhancing Democracy, The Parliament of the Republic of South Africa. www.abyssinialaw.com Przeworski, A., S. C. Stokes, and B. Manin(ed.), (1999), Democracy, Accountability, and Representation, Cambridge: Cambridge University Press. Robert, H.M. (1976). Robert‟s Rules of Order. Cutchogue, NY: Buccaneer Books Stanphurt. R and Alandu. M, (n.d), The Accountability Function of the Parliament of Ghana. 2. Internet Sources Bartholomew.C.Paul, Checks and Balance, University of Notre Dame,[available at: http://teacherscolasticnews last accessed on 7, April, 2013].General Profile of the Oromiya National Regional State (2008), Bureau of Finance and Economic Development, ONRS,[available at: http://www.pcdp.gov.et/]. Desposato, Scott W. 2004. Explaining Patterns of Oversight in Brazilian Subnational Governments. In Pelizzo,R. Stapenhurst, R., and David Olson, Trends in Parliamentary Oversight, World Bank Institute.[ available at http: //siteresources. worldbank.org: Accessed in April 7, 2013. DFID. 2007. Governance, Development and Democratic Politics: DFID„s Work in Building More Effective States. [Available at: http://www.initiativefor peacebu ilding.eu Hon. NT Godi, The State of Oversight in Parliament and Provincial or Regional Legislatures: Quality, capacity, Drivers, and Hinderances, Including Issues Pertai ning to Public Finance, (available at: http://www.sals.gov.(Last Accessed on April, 19, 2013) Free Encyclopedia, available at:http://en.wikipedia.org/wiki/, last accessed on 8, April, 2013. McGrath, J. (2011), Strategic Oversight and the Institutional Determinants of Legislative policy Control, Doctoral Dissertation, University of Iowa, [available at: http//ir,uiowa/etd. Last accessed on 9, April 2013] www.abyssinialaw.com 3. List of Laws The 1995 FDRE Constitution, Addis Ababa; The 2001 and 2005 Revised Constitution of Oromia National Regional State, Finfinne; Proclamation No153/2009, A Proclamation to Define the Organization, Duties, Conducts and Meeting Procedures of Caffee Members; Regulation No 3/2009, A Regulation to Define the Organization, and Determining the Meeting Procedure of “Caffee‟ Members; www.abyssinialaw.com Appendices Appendices I Ethiopian Civil Service University Institute of Leadership and Good Governance Research Topic “Parliamentary Oversight and Its Role in Ensuring Constitutional Accountability: The Case of the ‘Caffee’Oromia A Survey Questionnaire (for standing Committees and Advisors of ‘Caffee’Oromia) This is a questionnaire prepared to collect firsthand information to conduct a senior thesis on the title entitled “Parliamentary Oversight and Its Role in Ensuring Constitutional Accountability: The Case of „Caffee‟Oromia” for the partial fulfillment of Masters degree in Leadership and Good Governance” at Ethiopian Civil Service University, Institute of Leadership and Good Governance. The purpose of the study is to explore your opinion on the role „Caffee‟Oromia play in ensuring constitutional accountability and factors affecting the Oversight power and duties of such institution comparing it with some national and international standards. Hence, I kindly request you to participate in the study and share your experience. Your participation contribute high for the success of my study on one hand; and helps an input for the effectiveness of the Oversight functions of „Caffee‟Oromia on the other hand. Once again, I want to assure you in advance that the information you put will be kept confidential. All your opinion would be anonymous if you want and be sure that it cannot be traced back to you in any way. I want to express my heartfelt gratitude for your willingness to in filling this questionnaire. Please, use “X” filling the box Thank you in advance for your cooperation; sincerely!! www.abyssinialaw.com PART I 1. PERSONAL INFORMATION 1.1. Age: A. Less than 20 years B. 20-30 C. 31-40 More than 40 1.2. Sex: A. Male B Female 1.3. Educational background A. Diploma C. Degree Masters D. Above 1.4. Year of Service in the institution A. Less than one year B. 1 -5 years C. 5-10 Years D. More than C. Process owner D. Head of 10 Years 1.5. Your Title in the Institution A. Expert B. Senior Expert Office/Committee PART TWO 2. GENERAL INFORMATION 2.1. How do you explain the legislative-executive relationship to make effective the Oversight function of „Caffee‟Oromia? 2.2. What tools of oversight are available currently for the „Caffee‟Oromia? A. Established Standing Committees B. Conducting ad-hoc committees C. Plenary Session D. Audit Institutions E. Ethics and Anticorruption Institution F. Ombudsperson Institution G. Other tools, (if any) 2.3. How do you evaluate the effectiveness of the above tools? A. Very high B. High C. moderate D. Low Very low 2.4. Is the standing committees of „Caffee‟ are finding out corrupt practices and other mal administrations in their Oversight activities over the executive organ? www.abyssinialaw.com A. Strongly agree B. Agree C. Moderately D. Disagree E. Strongly Disagree 2.5. What measures do the standing committees take when they get incidents of corruption and mal administration? 2.6. Do the standing committees conduct regular meeting? Yes No 2.7. If your response for question number 2.6 is “YES” how often they meet? Weekly Monthly Quarterly Every six months 2.8. Is there any parliamentary research service? YES 2.9. Not at all NO If your response is “yes” for question number “2.8” do „Caffee‟ and its staffs use the research service to assist them in their oversight? YES NO 2.10. What factors (legal, economic, institutional, political and/or others) do you think that affects the Oversight functions of the „Caffee‟Oromia? (Rate the level of each problem) Category of Factors 5 4 3 2 1 Strongly Agree Moderately Disagree Strongly agree A. Institutional problems relating (Organizational structure B. Lack of capacity of „Caffee‟ members and its standing committees C. D. Lack clear legal framework E. Lack of access to information F. Lack of Resource agree disagrees www.abyssinialaw.com 2.11. Please would elaborate by putting some indicators for each of your response under question number “2.10”? 2.11.1 Problems relating to Organizational structure 2.11.2 Problems relating to Lack of capacity of „Caffee‟members and its standing committee 2.11.3 Problems relating to Lack clear legal framework 2.11.4 Problems relating to Lack of access to information to the members of „Caffee‟members and its standing Committees 2.11.5 Problems relating to Lack of resource (both human and material) 2.11.6 Other problems (if any) 2.12 What is your recommendation to curve the above problems and to make effective the Oversight function of „Caffee‟Oromia? 2.13 Any additional comments www.abyssinialaw.com Appendices II Ethiopian Civil Service University Institute of Leadership and Good Governance Research Topic “Parliamentary Oversight and Its Role in Ensuring Constitutional Accountability: The Case of the ‘Caffee’Oromia A Survey Questionnaire ( for Executive organs) This is a questionnaire prepared to collect firsthand information to conduct a senior thesis on the title entitled “Parliamentary Oversight and Its Role in Ensuring Constitutional Accountability: The Case of „Caffee‟Oromia” for the partial fulfillment of Masters degree in Leadership and Good Governance” at Ethiopian Civil Service University, Institute of Leadership and Good Governance. The purpose of the study is to explore your opinion on the role „Caffee‟Oromia play in ensuring constitutional accountability and factors affecting the Oversight power and duties of such institution comparing it with some national and international standards. Hence, I kindly request you to participate in the study and share your experience. Your participation contribute high for the success of my study on one hand; and helps an input for the effectiveness of the Oversight functions of „Caffee‟Oromia on the other hand. Once again, I want to assure you in advance that the information you put will be kept confidential. All your opinion would be anonymous if you want and be sure that it cannot be traced back to you in any way. I want to express my heartfelt gratitude for your willingness to in filling this questionnaire. Please, use “X” to fill the box Thank you in advance for your cooperation; sincerely!! PART I 1. PERSONAL INFORMATION 1.1. Age: A. Less than 20 years B. 20-30 C. 31-40 More than 40 1.2 Sex: A. Male B Female 1.3 Educational background A. Diploma 1.4 Year of Service in the institution C. Degree Masters D. Above www.abyssinialaw.com A. Less than one year B. 1 -5 years C. 5-10 Years D. More than 10 Years 1.5 Your Title in the Institution A. Expert B. Senior Expert C. Process owner D. Head of Office/Institution PART II 2 GENERRAL INFORMATION 2.1. How do you explain the legislative-executive relationship to make effective the Oversight function of „Caffee‟Oromia? 2.2 Do you know that „Caffee‟Oromia have the power and duty to oversight your organization‟s plan, implementation and other administrative decisions? Yes No 2.3 Are the executive organs are interested in the process of Oversight while „Caffee‟ Oromia is conducting Oversight over the executive organ? A. Strongly agree B Agree C. Moderately D. Disagree Strongly Disagree 2.4 How do you evaluate the Oversight functions of „Caffee‟in assisting constitutional accountability in executive organ? A. Very high B. High C. moderate D. Low Very low 2.5 Do you think that the Oversight functions of „Caffee‟Oromia over the executive organ of the region is important in indicating errors that will occur in such organs? A. Strongly agree B Agree C. Moderately D. Disagree E. Strongly Disagree 2.6 How do you rate the extent of accountability in your institution? A. Very high B. High C. moderate D. Low Very low 2.7. If your response for question 2.6 is very high and high, is it as a result of the oversight conducted over the executives? A. Strongly agree Disagree B. Agree C. Moderately D. Disagree E. Strongly www.abyssinialaw.com 2.8. Is the standing committees of „Caffee‟are finding out corrupt practices and other mal administrations in their Oversight activities over the executive organ? B. Strongly agree B. Agree C. Moderately D. Disagree E. Strongly Disagree 2.9. Do you remember some instances that executive heads and other civil servants questioned by the „Caffee‟Oromia based on the recommendations and suggestions forwarded by „Caffee‟Oromia and its standing committees? YES. 2.10. NO If your response for “Question 2.9” is “YES” what measure were taken? A. Suspension from position B. Demotion C. Sentencing D. Warning E. Other F. No corrective action is taken 2.11. How do you explain the role of the Oversight functions of „Caffee‟Oromia in ensuring constitutional accountability in relation to your respective institution? 2.12. What factors (legal, economic, institutional, political and/or others) do you think that affects the Oversight functions of the „Caffee‟Oromia? (Rate the level of each problem) Category of Factors 1 Institutional problems relating (Organizational structure 2 Lack of capacity of „Caffee‟ and its standing committees 3 Lack clear legal framework 4 Lack of access to information 5 Lack of Resource 5 4 3 2 1 Strongly agree Agree Moderately agree Disagree Strongly disagrees www.abyssinialaw.com 2.13 Please would you elaborate by putting some indicators relating to each of the problems indicated in your response under question number “2.12”? 2.13.1 Problems relating to Organizational structure 2.13.2 Problems relating to Lack of capacity of „Caffee‟ and its standing committees 2.13.3 Problems relating to Lack clear legal framework 2.13.4 Problems relating to Lack of access to information to the members of „Caffee‟members and its standing Committees 2.13.5 Problems relating to Lack of resource 2.13.6 Other problems 2.14 What is your recommendation to curve the above problems and to make effective the Oversight function of „Caffee‟Oromia? 2.15 Any additional comments www.abyssinialaw.com Appendices III Interview Guiding Questions for the Hon. Speaker and Vice Speaker of ‘Caffee’ Oromia 1. How do you explain the legislative-executive relationship in general and in Oromia region in particular? 2. It is obvious that one of the major power and duty of „Caffee‟is conducting Oversight functions over the executive organ of the region. Do you believe that such function is important in ensuring constitutional accountability? If your response is “YES” how? 3. What is your opinion on the relationship between the Office of „Caffee‟Oromia and the executive organ of the region? Are they supportive in the „„Caffee‟‟s Oversight functions? 4. What mechanisms do you employ in conducting oversight? 5. Do you think that „Caffee‟Oromia is effective in its Oversight function? If not what are the major challenges? 6. What do you recommend to curve such challenges? 7. Do you use auditor reports and Ethics and Anticorruption institutions in conducting oversight? If so, is there any corrective measures taken based on the reports? Please elaborate. www.abyssinialaw.com Appendices V Interview Guiding Questions for the Regional Office of Auditor General and Ethics and Anti-Corruption Commission Heads of the Region 1. How do explain your institution‟s relation with „Caffee‟Oromia? 2. How do you support „Caffee‟Oromia in conducting its Oversight role over the executive organ? 3. What is your opinion on „„Caffee‟‟‟s Oversight role in ensuring constitutional accountability, particularly in the utilization of budget in relation to your institution‟s power and duty? 4. What is the role of Public Account and budget Standing Committee in ensuring financial accountability?
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