The role of the legislature in determining foreign policy

The role of the legislature in determining foreign policy

Yayan GH Mulyana, Bogor, West Java

The new members of the Indonesian legislature have already
been inaugurated. Commissions are also, by now, founded, and
Commission I remains mandated to address foreign policy and
security affairs.

Its greater role is already evident under Article 13 (2 & 3)
of the amended 1945 Constitution, regarding the nomination of
Indonesian ambassadors and the acceptance of foreign ambassadors.
With a pervasive way of providing pertimbangan (consideration),
the Commission's exertions had caused a transient inter-agency
stringency with the executive government.

One notable fact can be gathered from the early activism of
the House of Representatives in foreign policy: The growing
confidence of the Commission was not coupled with efforts to
develop the rules of the game governing its role in foreign
policy, vis-a-vis the role of the executive government. Nor was
it equipped with the appropriate know-how and competence in the
field of foreign policy. Another important factor is that its
activism was deficient in tradition and character.

In Western developed states, for example, a taut check-and-
balance type of interaction has evolved, whereby legislators have
a high level of literacy in foreign affairs.

They work with the support of professional staff, and with an
unremitting supply of updated information related to foreign and
global affairs. Small states, like Israel, and entities, like
Taiwan, have also developed a similar pattern. This pattern has
generally been shaped by the constant presence of looming
external conditions.

Variants exist in the relationship between the two branches of
government in the developing world. The relationship occurs in
patterns ranging from accommodation to collaboration, tension,
and competition.

A study by Carter and Scott (Policy & Politics, 32:1, March
2004) shows that, within the legislative branch of government,
there are individuals who become "foreign-policy entrepreneurs".
These individuals attempt to lead the branch to initiate action
on the foreign-policy issues they care about, rather than
awaiting action by the executive branch on these issues. Within
the context of the American Congress, the study concludes that
those individuals become increasingly salient players in the
foreign-policy process.

What then is the latitude for the foreign-policy activism of
new members of Commission I? What measures should they take so
that they become competent foreign-policy entrepreneurs?

The amended 1945 Constitution provides some leeway through
which the House could be constitutionally inquisitive about
foreign-policy issues. Article 20A (1) of the Constitution
authorizes the House to deal with three aspects of foreign
policy: legislation, budgeting, and oversight.

One law-making activity is the ratification of international
conventions. The House also has a degree of control over the
budget required for the regular expenses of the Ministry of
Foreign Affairs, and for achieving particular priorities through
diplomacy. The House could supervise the use of the budget and
the practice of diplomacy.

Article 20A (3) allows the House to pose questions, as well as
to make suggestions and put forward opinions to the executive
government concerning foreign policy-related issues. The practice
of this mandate seems to work well hitherto.

As far as becoming competent foreign-policy entrepreneurs is
concerned, first, new members of Commission I should develop the
attitude that their foreign-policy activism is not intended to
create competition, but rather to complement the actions of the
executive branch.

Second, it is pertinent to develop the rules of the game for
the House's foreign-policy activism based on the principles and
provisions enshrined in the amended 1945 Constitution, taking
into consideration Law No. 37/1999 on Foreign Relations and other
relevant laws and regulations. Consultation with the executive
branch of government in developing the rules of the game is a
must. This consultation could help prevent uninformed decisions
on various aspects of the regulations.

Third, it is essential for foreign-policy entrepreneurs to
have a high level of foreign-policy literacy. There will
certainly be a learning process before the new members of
Commission I are able to grasp various foreign-policy issues. In
order to expedite the learning process, they could use the
assistance of professionals in foreign relations or international
affairs, including scholars, experts, analysts, practitioners, or
retired diplomats.

They also could develop information-system management so that
they keep updated with foreign and global affairs that affect or
could potentially impinge upon Indonesia. Technical assistance
and capacity-building programs to strengthen the resources of
Commission I could also be sought.

And fourth, the legislative branch could practice inter-
parliamentary diplomacy aimed to support the diplomatic endeavors
pursued by the executive branch of government. One important
vehicle for such diplomacy is the Inter-Parliamentary Union (IPU)
that has representation at the UN General Assembly. Serving as a
focal point for worldwide parliamentary dialog, Indonesian
legislators could use the forum to voice Indonesian concerns and
mobilize support for Indonesia's position on various issues vital
to national interests.

Carter and Scott's study also confirms that congressional
foreign-policy entrepreneurs are more likely to be senators than
representatives. This is because of foreign-policy powers
constitutionally mandated to the senators, their longer tenure,
and greater access to legislative processes. Thus, can members of
the Regional Representatives Council (DPD) play a role similar to
that of senators? The amended 1945 Constitution does not seem to
provide them with the authority to play such a role. In
accordance with Article 22(d) of the Constitution, however,
members of the DPD could seek out a sort of activism when the
foreign-relations aspect touches on regional autonomy.
Accordingly, it might also be relevant to the DPD members to have
a sufficient level of literacy in foreign affairs.

The writer is head of the Secretariat for Advisers and Special
Envoys of the President at the Indonesian Ministry of Foreign
Affairs. The ideas expressed in this article are his own. He can
be reached at yanvontsazik@yahoo.com.