IREDD Launches 2024 Legislative Performance Monitoring Midterm Scorecard aims to Strengthen Transparency and Accountability in the Liberian Legislature

Executive Summary

Introduction

This report presents a comprehensive assessment of the performance of the 55th Legislature, evaluating its adherence to best international practices in several key areas: representation, oversight, lawmaking, institutional performance, gender sensitivity, and support for essential organs such as the Legislative Information Service, Legislative Budget Office, and the Central Department. While the report minimally addresses the tracking of legislators’ participation in plenary, its primary focus is on the broader functions of oversight, the lawmaking environment, and the mechanisms of representation that effectively connect legislators with their constituents.

The aim is to uncover legislative practices and systems that have become dangerously anti-democratic and are undermining the Liberian people’s development aspirations. The report delves into issues such as abuses of legislative privileges, underrepresentation, and self-serving lawmaking, all eroding public trust in the Legislature and threatening the foundation of democracy in Liberia. The Institute for Research and Democratic Development (IREDD) conducted this evaluation using the Legislative Performance Scorecard (LPS). This tool provides citizens and stakeholders with evidence-based insights into the Legislature’s effectiveness, facilitating informed discussions about its role in the governance process and identifying areas for necessary reform. The Report is a product of collaboration involving Medica Moda coalition and the Institute for Research and Democratic Development.

Key Findings

Representation
For the House of Senate, IREDD found that 10 senators, including the Pro-Tempore, Hon. Nyonblee K. Lawrence, achieved the highest attendance mark (A), while 9 senators received a (B) score. In addition, 6 senators including Crayton O. Duncan, James P. Biney, Zoe Emmanuel Penue, Prince Johnson, Gbehzohngar M. Findley, and Amara Konneh got “C” in attendance. Two senators who were always absent, Bill Teah Twehway and Francis Dopoh, had the lowest score of (D), while one senator, Alex Jeneka Tyler, received an (NG) due to his assignment with ECOWAS.

In the House of Representatives, 18 lawmakers received an (A) for higher attendance, while 20 lawmakers received an (F) for continued absence during the first and second quarters of legislative sections. Table 1 displays a breakdown of the two categories—House of Senate and Representatives—and the attendance categories.

Oversight

Attitude towards Quarterly Performance Report
The legislature’s failure to enforce Section 8(a&i) of the Budget Law, which mandates that spending entities submit Quarterly Performance Reports, has led to a lack of oversight and accountability. This non-compliance may be contributing to the abuse and waste of public funds.

1. Our study reveals that only two ministries (Transport and Internal Affairs) have submitted Quarterly Performance Reports in the last two quarters. This indicates a systemic issue within the executive branch regarding adherence to legal requirements.
2. The legislature has not taken proactive measures to ensure compliance, such as sending reminders or following up with non-compliant entities. This passive approach to oversight undermines the legislature’s commitment to monitor and hold the executive branch accountable effectively.
3. Additionally, the reported culture of collusion between legislative committees led by the Ways, Means, and Finance Committees and Executive agencies may be hindering compliance and contributing to the misuse and misapplication of public funds. This collusion undermines the integrity of the budget process, nurtures underdevelopment and erodes public trust.

Attitude towards Audit

Despite some positive developments in the legislature’s attitude towards audits, as evidenced by the Senate’s acceptance of a System Audit, significant challenges persist in ensuring a full commitment to comprehensive audits.

• Many legislators, particularly re-elected members and those serving on crucial committees like Ways, Means, and Finance, Rules and Order, and Public Accounts, are identified as primary opponents of a full financial audit.
• Monitoring indicates that these individuals are likely to employ various disruptive tactics to divert attention from the core issues of transparency and accountability.
• The House of Representatives’ resistance to audits has intensified following the release of the damning results of the Senate’s System Audit, conducted by the General Audit Commission.
• Our monitoring suggests that ongoing disruptions to legislative activities are part of a broader strategy to resist audits. It is alleged that external instigators of the recent attempt to remove Speaker Koffa are influenced by key figures within the current government who previously served in the House of Representatives on influential committees. These individuals, fearing potential links to audit findings that could harm their 2029 presidential aspirations, are actively working to undermine transparency and accountability efforts .

Attitude Towards Performing Oversight Function

The legislature’s oversight function is weak and ineffective, allowing corruption and mismanagement of public resources entrusted to the Executive and to the legislature itself.

• Three key committees—Ways, Means, and Finance; Public Accounts; and Rules and Order—can play a crucial role in improving transparency, accountability, and the overall effectiveness of the legislature. However, monitoring reveals that the efficacy of the Joint Ways, Means, and Finance Committee and the Joint Public Accounts Committee could be significantly enhanced.
• The current wave of weak oversight and poor development outcomes from public sector investment is largely a product of the lack of oversight by these committees. To improve development outcomes for the Liberian people, the Ways, Means, and Finance Committee and the Public Accounts Committee must adopt a more proactive and accountable approach, ending the historical culture of collusion with MACs for personal gains.
• Nevertheless, the Joint Public Accounts, Expenditure, and Audit Committee (PAC) leadership uncovered significant discrepancies in the FY2024 National Budget, revealing that approximately $20 million was removed without plenary approval.

https://frontpageafricaonline.com/news/liberia-gac-audit-reveals-alleged-collaboration-between-lawmakers-and-executive-branch-in-misappropriating-200-million-of-public-funds/
Liberia: GAC Audit Reveals Alleged Collaboration Between Lawmakers and Executive Branch in Misappropriating $200 Million of Public Funds

• Shockingly, the Womba investigative committee, constituted by Speaker Koffa, shifted the blame for the budget alterations to a junior staff member despite overwhelming evidence implicating senior officials in the Executive and the Legislature.
• Furthermore, the report uncovered that Speaker Koffa’s signature was forged in committing the crime. However, the Speaker remains surprisingly silent on this criminal severe implication against his person.

Lawmaking

The Liberian Legislature faces significant challenges in fulfilling its core functions due to weak infrastructure, limited capacity, and procedural deficiencies. These challenges hinder effective lawmaking, oversight, and accountability.

• Many legislators lack the knowledge, skills, and resources necessary for effective lawmaking and oversight. Additionally, the Legislature lacks basic modern equipment, such as an electronic voting system and appropriate committee hearing equipment, further limiting its effectiveness.
• The Legislature’s archives and libraries are in disarray, making it difficult for lawmakers to access important documents and conduct research. The Legislature also faces challenges in maintaining and circulating the legislative journal and ensuring accurate and timely reporting of debates. These challenges contribute to lawmakers’ struggles in articulating and substantiating their positions effectively and the Legislature’s inability to transcribe and publish testimonies and results from public hearings.
• Moreover, the Liberian Legislature has demonstrated a self-serving focus, prioritizing its financial and re-election interests over the development needs of its constituents. This is evident in the allocation of public funds and the failure to address critical issues such as access to safe drinking water, unemployment, and revenue generation more concretely. County Service Centers, intended to provide essential services to citizens in outlying counties, are grossly underfunded.
• Finally, the absence of permanent technical staff to support oversight committees undermines their ability to perform their functions effectively, leading to bills being piled up in committee rooms, inadequate oversight, and suboptimal policy-making.

Institutional Modernization Performance

The legislature’s institutional performance is mixed. While some improvements have been made, such as improved access to fewer basic services such as water, challenges persist in areas like financial transparency, staff development, and gender equality. The Liberian Legislature needs significant modernization to improve its efficiency, transparency, and accountability. The current infrastructure and practices are outdated and hinder the Legislature’s ability to function effectively

Staffing

A lack of transparency, inadequate policies, and limited resources plague the staffing system within the Liberian Legislature. These issues contribute to a poorly performing workforce that is ill-equipped and grossly underpaid to support legislative functions.

Support for Key Organs

The legislature’s support for key organs like the Legislative Information Service, Legislative Budget Office, and Central Administration is grossly weak and inconsistent, hindering their effectiveness.

Legislative Budget Office

The Liberia Legislative Budget Office (LBO), established in 2010, is mandated to provide essential budgetary support services, including transparency, accountability, and fiscal analysis. However, political interference, limited funding support and undue influence from powerful committees within the Legislature, such as the Rules and Order Committee and the Ways, Means, and Finance Committee continue to hinder its independence and effectiveness.

Legislative Information Service

The Liberian Legislative Information Service (LIS) has been severely underfunded and neglected by successive leadership of the Ways, Means, and Finance Committees. This lack of support has hindered the LIS’s ability to fulfill its mandate and provide essential legislative services.

Central Administration

The Central Administration of the Liberian Legislature is significantly underfunded and lacks the resources, training, and infrastructure necessary to effectively support legislative operations. This deficiency has led to a decline in staff morale, productivity, and the legislature’s overall effectiveness.

Gender Sensitivity

• The Liberian Legislature has demonstrated a significant lack of focus on gender considerations in its operations, policies, and staffing. Women legislators face numerous challenges, including limited support, a lack of opportunities, and a hostile environment. The Legislature has also failed to implement key legislation, such as the Affirmative Action for Equitable Participation and Representation Act of 2016, aimed at promoting gender equality and inclusivity.
• Gender disparity in the legislature manifests in employment practices. Only 4 out of 103 Chief of Office Staff are women, indicating a significant gender imbalance.
• Women legislators lack specialized support to enhance their strategic communication skills and influence legislative outcomes.
• The Legislature’s offices are not easily accessible to individuals with disabilities, reflecting a broader insensitivity towards inclusive practices. The government has failed to implement the, which aims to promote gender equality and inclusivity.

Recommendations

Based on these findings, the report offers the following recommendations to enhance the legislature’s performance:

1. To improve attendance and overall legislative efficiency, the Legislature should implement a stricter attendance policy with clear consequences for excessive absences. This would encourage senators to prioritize their legislative duties and reduce instances of absenteeism, leading to more productive and effective legislative sessions.
2. Adopt a Needs-Based Funding Approach: Allocate funding for constituent visitation based on different regions’ specific needs and challenges rather than using a one-size-fits-all approach. This would ensure that legislators representing remote areas have the necessary resources to engage with their constituents effectively.
3. Promote Inclusive Engagement: Encourage legislators to engage with a broader range of constituents beyond just political allies and family members. This would ensure that all constituents have an opportunity to participate and provide input.
4. Establish Functional Constituent Offices: Require legislators to establish and maintain functional constituent offices in their districts to provide accessible and effective services to constituents.
5. Strengthen the Joint Public Accounts, Expenditure, and Audit Committee (PAC) by providing the PAC) with adequate resources to enhance technical expertise and the political will to effectively investigate and address financial irregularities.
6. To promote gender-sensitive legislative practices, the Liberian Legislature should implement measures to increase the representation of women in leadership positions and among staff. This would help to address the current gender imbalance and create a more inclusive and equitable environment within the legislature.

PDF  Version Download here