The Parliamentary Centre Visits Lao PDR

Patuxay, the National Monument in Vientiane, Laos

In December 2003, Christine Ivory and Imran Arshad of the Parliamentary Centre undertook a trip to Lao PDR to meet with UNDP officials and members of the Lao National Assembly. The purpose of the visit was to obtain a deeper understanding of the UNDP Governance Project that works to enhance the human resource and institutional capacity of the National Assembly of Lao PDR. The Centre's aim was also to share its experiences on legislative support projects within Southeast Asia and China, in order to investigate how and in what areas the Centre may be able to assist the UNDP and Lao National Assembly in the next phase of their project.

There have been two separate UNDP projects since 1997; the first phase was completed in 2001, and the second phase (Strengthening the Legislative and Oversight Functions of the National Assembly) in the end of December 2003. The third phase is scheduled to commence at the start of April 2004, following the completion of a formulation mission.

Meetings with members of the Lao National Assembly included Mr. Viset Savengsueksa, Deputy Director of the Foreign Affairs Committee, and Mr. Samane Souvannasao, Vice Chair of the Law Committee. The objectives of these meetings were to find out more about the Lao National Assembly and the problems and challenges they are facing as a parliamentary institution. The Centre also wanted to get an idea of what the National Assembly feels is necessary in order to push forward and make the third phase of the project more beneficial based on the lessons learned in the past.

According to Mr. Samane, the UNDP projects were a definite help to building the institutional capacity of the National Assembly and provided it with a basis for an enhanced parliamentary system. Mr. Samane also pointed out some interesting initiatives that the Lao government is taking on with respect to oversight:

• Lao PDR is currently working on a draft law on corruption, which was drafted by the state control department attached to the cabinet.
• The final PRSP has already been completed (referred to as the National Poverty Eradication Plan (NPEP) in Lao PDR) and initiatives to get the parliament involved in subsequent processes is a definite aim of the National Assembly, as it is in charge of approving the country's budget and socio-economic plans, both of which are influenced by the NPEP.
• A new Audit Authority that has been introduced and Mr. Samane would like to see it become a Committee of the National Assembly.
• There is a plan to work on a law on oversight functions of the National Assembly (it being drafted by the NA itself). This draft law will be put before the parliament during the September 2004 session.

The Old and New Generations, Vientiane, Laos

In general, the meeting went very well and we learned much about the challenges that the National Assembly is facing, the inroads they have made in improving the structure of parliament within the past 5 years through the various UNDP projects, and what they hope to achieve in the not to distant future. Although the Lao government and National Assembly are cautious with respect to the pace of change, there do exist well-educated and articulate MPs, like Mr. Samane, who sincerely want to improve the institution of parliament to make it more effective, accountable and beneficial to its constituents. We hope that the Centre, in collaboration with the UNDP, can assist in the Lao National Assembly's endeavour to become a stronger institution.

The National Assembly of Lao PDR

Structure & Functions of the National Assembly of Lao PDR

The National Assembly is the legislative organ which according to Article 39 of the Constitution has the right to decide the fundamental issues of the nation and to supervise and oversee the functioning of the executive and judicial organs. The 109 members of the uni-cameral National Assembly are elected for a 5-year term by the universal suffrage of all adults aged 18 and over. To be eligible to stand for election, an individual has to be proposed by their district electoral committee, endorsed by the provincial party committee, and approved by the National Electoral Committee. Article 8 of the Electoral Law for the National Assembly defines the criteria that prospective candidates must meet, including being devoted to people's democracy; possessing a sufficient level of knowledge of Party policy and Government law; showing solidarity with ethnic minorities; and possessing sufficient technical knowledge to undertake research. The various electoral committees decide whether individuals wanting to stand for election actually meet the criteria detailed above.

Each of the 16 provinces, 1 special zone and 1 municipality is a multi-member electorate, with the number of members being proportional to the population of each province, special zone or municipality. At the February 2002, elections 60 percent of members were elected for the first time, all but one of whom are members of the Party. In addition, most members also have full-time government jobs resulting in their limited time to undertake member duties. Since there is no separation between some MP's and ministers, the effective role of oversight is diminished. 31 percent of MP's are technically full-time, and receive the same salary as government officials (approximately US$25/month). The National Assembly is currently looking at the possibility of professionalizing MPs.

The National Assembly meets twice a year (March & September) for a two to three week session, with committee meetings being conducted for 2 days before each session. In the September session the focus is on the budget, as the end of September is the government's fiscal year. The socio-economic development plan is also reviewed at this time. In the March session, only amendments are looked at, as well as the ratification of the budget. At both sessions Lao government officials are in attendance to report on the implementation of the plan and/or the budget.

Under the Constitution, a Standing Committee of 7 elected members is charged with managing the National Assembly's affairs between sessions. The Standing Committee meets once or twice a month for 2 or 3 days. There are six functional committees: Foreign Affairs, Economy & Finance, Defence, Ethnic Affairs, Social & Cultural Affairs, and Law. Each and every member of the National Assembly is also a member of one committee. The Standing Committee consists of the President, Vice-President, Chief of Cabinet, and the chairpersons of 4 of the functional committees (the chairpersons of the Social & Cultural Affairs Committee & the Law Committee are not members of the Standing Committee). Each committee has 1 Chair and 2 Deputies that are permanent. They have yearly, semi-annual, quarterly and monthly plans and report to the Standing Committee. During National Assembly sessions, ad hoc committees are also formed. Departments assist the committees, and although there are no research units for the committees, separate departments do conduct research activities.

Only the Standing Committee has the right to convene a meeting of the National Assembly. At present there is a question and answer period, but there is no discussion due to time constraints. Previously, the National Assembly sessions were 2 weeks in duration, but have since been expanded to 3 weeks. In one year, the National Assembly is only able to adopt 5 or 6 laws, and so presently there is a backlog of laws that need to be approved.

The Vice-President of the National Assembly is responsible for all day-to-day management decisions, and is known as the 'permanent member'. Three members of the Standing Committee are in the Party's senior ranks. The President of the National Assembly, Mr Samane Vignakhet, is a member of the 9-person Politburo. The Vice-President (Mdme Pany Yathotou) and the Chair of the Foreign Affairs Committee (Mr Saysomphone Phomvihane) are members of the 33-person Central Committee.

167 staff are employed by the Lao National Assembly. Each functional committee has a dedicated department to support its work (with a total of 33 staff). A secretariat of 47 staff is responsible for personnel, finance and administration, research & reference, and the resolution of people's complaints. 87 staff are employed in the 18 National Assembly provincial offices.

The role of the provincial National Assembly offices is to provide oversight on the socio-economic developments of each province. They are meant to act as contact points for the public and are responsible for disseminating laws, decrees, etc, as well as acting as a complaints point for state agencies or individuals. They also play a role in dispute resolution. The Division of Complaints and Nationalities is located at the provincial level, and if the disputes cannot be resolved at this level, they go to the central level. The National Assembly is attempting to get out of having to act on every form of individual complaint, as these complaints should go to the courts. They would rather focus more on complaints with respect to administrative decisions and constitutional amendments. District courts are under the supervision of the Supreme Court and appeals courts are located at the provincial level. If an individual is unhappy with the decision at the district level, they may go to the appeals court at the provincial level. If they remain unhappy with the provincial level decision, they may go to the regional level and then to the Supreme Court, if necessary.

The National Assembly is at the forefront of a number of reforms taking place in Lao PDR. As such the National Assembly seeks to achieve the following three objectives: affirming its political role as a legislature, consolidating its structure, and opening up to the world. The Lao National Assembly is very young when compared to other communist countries, and the decision-making is very centralized. It has shown an interest to improve its institutional and human resource capacities, however it is very cautious of taking too many steps too quickly. Historically, the National Assembly has tended to play the role of 'rubber stamping' government decisions, due to the unitary nature of power in Lao PDR, the institution's comparative youth, budgetary and capacity constraints, and political will. However the provision of long term and well-targeted assistance will provide the National Assembly with the capacity to play a more significant role in the development of Lao PDR. Whether or not it chooses to play such a role will depend upon the level of political will to do so amongst the National Assembly leadership.

Brief History of the National Assembly of Lao PDR

Although a parliamentary system existed prior to the Communist takeover in Laos, it was in 1975 that the present form of parliament under a one-party system was developed. After the Lao Revolutionary People's Party took over the country in December 1975, the Supreme People's Assembly (SPA) was established. This first legislature consisted of 45 members (4 women), who were appointed not elected. The first legislature had three committees: the Constitution Drafting Committee, the Presidential Decrees and Election Laws Drafting Committee and the Planning and State Budget Committee. The first legislature of the SPA adopted the country's first 5-year Plan of Socio-economic Development (1980-1985), as well as a number of new laws (Law on the Council of Ministers, Law on Foreign Investment and Law on Local Administration Authority).

It was not until almost 14 years later that a new SPA was elected, comprising of 75 members (5 women). Along with the Cabinet of the SPA, the second legislature consisted of four committees: the Constitution and Law Decrees Drafting Committee (nothing had been accomplished with respect to the constitution since 1975), the Economy, Finance and Planning Committee, the Foreign Relations Committee, and the Cultural and Social Affairs Committee. People's Assemblies were also developed at provincial and district levels. The most important accomplishment of the second legislature was the drafting of the Lao Constitution, which was adopted on August 14th, 1991. The second legislature adopted 22 new laws and actively implemented a foreign relations policy with the goal to enhance cooperation with parliamentary organizations at regional and global levels. As a result of this, Lao PDR became a full member of the Inter-Parliamentary Union (IPU) and an observer of the ASEAN Inter-Parliamentary Organization (AIPO).

The third legislature of the SPA was elected on December 20, 1992, at which time it changed its name to the National Assembly. It comprised of 85 members (8 women) and six committees: the Secretariat, the Committee on Legal Affairs, the Committee on Economy, Planning and Finance, the Committee on Social and Cultural Affairs, the Committee on Ethnic Affairs and the Committee on Foreign Relations. The Cabinet of the National Assembly assisted the committees with their work. The third legislature worked only at the national level and did not have any regional assemblies. The accomplishments of the third legislature were: the adoption of socio-economic and yearly budgetary plans, endorsement of new laws and the amendment of three laws, establishment of National Assembly offices in every constituency, the expansion of the foreign relations policy, and the definition and implementation of central level public administration reform.

On December 21, 1997, there was an election for the fourth legislature of the National Assembly, which comprised of 99 members (21 women). The fourth legislature had a seven member Standing Committee and six committees: Committee on Legal Affairs, Committee on Economy and Finance, Committee on Social and Cultural Affairs, Committee on Ethnic Affairs, Committee on National Defence and Social Order, and the Committee on Foreign Affairs. The National Cabinet also assisted the Standing Committee and other Committees with their work.

The fifth Legislature was elected on February 24, 2000, and is composed of 109 members, including 25 women (23%), elected after a pre-selection process, by direct and universal suffrage. Each of the 16 provinces throughout the country forms a constituency, along with one constituency for the Xaysomboun Special Zone and another constituency for Vientiane Municipality (18 constituencies in all). Lao citizens of 18 years of age and over are eligible to vote. Those from the age of 21 are eligible to stand for elected office. As a general rule there is one member for every 50,000 people with a minimum of 3 members per province.

References

• Meetings with various Lao UNDP officials, parliamentarians and government officials, December 2003.
• National Assembly of the Lao PDR (LNA) & United Nations Development Programme (UNDP), 2000. "The National Assembly of the Lao People's Democratic Republic - Directory, 1975-2002. Vientiane: LNA & UNDP.
• United Nations Development Programme (UNDP), 2002. "Strengthening the Legislative Process and Oversight Functions of the National Assembly: Phase II - Project Document." Vientiane: UNDP.