Muturi: Commonwealth Parliamentary Association not a charitable body

Anglophone parliaments have ratcheted up a demand for the UK government to review the legal status of the Commonwealth Parliamentary Association (CPA) so that it is converted to an international organisation with a complete diplomatic status.

An executive committee meeting of the CPA-Africa region was Sunday told that the association was created through the Charities Commission Act of the UK, which reduces it to a charitable organisation.

But African parliaments that are members of the association say the work of Parliament is not charitable so the UK government must take the lead in reviewing the Act so that the CPA International can enjoy its rightful legal status.

“It is not fair that a body bringing together so many national and sub-national parliaments should be registered as a charitable organisation,” Mr Justin Muturi, the Speaker of National Assembly of Kenya, said.

“CPA works to support human rights, good governance, accountability and parliamentary democracy. These are not charitable issues. We want the CPA given the same legal status as the Commonwealth Secretariat,” he added in his speech during the closing ceremony of the executive committee meeting.

Limitations

The association founded in 1911 brings together parliamentarians and parliamentary staff from over 180 national, state, provincial and territorial parliaments and legislatures across the Commonwealth through its network. 

The CPA Africa regional body brings together 18 national parliaments and 63 sub-national legislatures.

It was formed under the Charities Commissions Act of 1968, through which it acquired its legal status.

Even though the association has an international character, the law creating it has imposed limitations on what it can do as it doesn’t have diplomatic status.

For example, CPA staff deployed to work in London or elsewhere face major challenges in the line of duty as they are subjected to restrictions on what they can or cannot do.

“We want the CPA given the same status as the Secretariat,” Speaker Muturi said, referring to the organ that coordinates activities of the executive arm of governments that are Commonwealth members.

Brexit out of the way

The matter was first raised when a legislator filed a motion in Gauteng’s sub-national parliament in 2013.

However, the amendment to the law was undermined by domestic challenges, as Britain struggled to leave the European Union.

“With Brexit out of the way, it is our opinion that the issue of CPA legal status must be brought to the table.”

The UK law provides that in the event that a charitable organisation is dissolved, its finances will be distributed among charitable entities in the UK.

Mr Muturi warned that this legal status puts the association in a precarious position as it amounts to colonies participating in charity in the UK.

“We have put up the case before the UK government and have been told that the minister responsible is pursuing the matter,” he said.

Mr Muturi, who has been the chair of the committee, handed  the mantle over to Mr Femi Gbajabiamila, who is the Speaker of Nigeria’s House of Representatives.

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