The following questions can guide discussions on the adoption of regulatory frameworks to guarantee effective citizen participation:
Through an analysis of the national constitutions, laws, and parliamentary regulations of the 35 countries of the Americas and the Caribbean, the following mechanisms were identified, in order of prevalence:
Each type of framework below includes a description and examples. For additional information on this topic, consult the ParlAmericas Regulatory Frameworks for Citizen Participation in the Legislative Process in the Americas and the Caribbean.
Mechanisms that allow for citizens, experts, and witnesses to be invited to send proposals, suggestions, or contributions, as well as, in some cases, to participate in committee sessions. In a few cases, citizens or interested individuals can request to participate in committees when they are affected by topic being discussed.
Some practical examples are listed below. For a more exhaustive list, please consult the Regulatory Framework for Citizen Participation in the Legislative Process in the Americas and the Caribbean (p.5).
Mechanisms that allow citizens to present legislative initiatives to their respective parliament. These can be on various topics in accordance with the provisions and restrictions in each country, and in the majority of cases they must be endorsed by a specific number of signatures.
Some practical examples are listed below. For a more exhaustive list, please consult the Regulatory Framework for Citizen Participation in the Legislative Process in the Americas and the Caribbean (p.19).
Article 35 (VII), Article 71 (IV)
Mechanisms that allow committees and other parliamentary bodies to organize activities to understand and incorporate citizen contributions into their work. In contrast to the previous mechanisms, these have their own procedure and, generally, are not part of committee sessions.
Some practical examples are listed below. For a more exhaustive list, please consult the Regulatory Framework for Citizen Participation in the Legislative Process in the Americas and the Caribbean (p.42).
Article 224
Article 156, Article 157
Mechanisms that allow for the appointment of individuals representing a group or a sector of the population to participate as members of parliament and/or as committee members to guarantee that parliamentary work aligns with citizens’ demands.
Some practical examples are listed below. For a more exhaustive list, please consult the Regulatory Framework for Citizen Participation in the Legislative Process in the Americas and the Caribbean (p.53).
Article 212B
In accordance with the regulations of the Chamber of Deputies and the Senate of the Dominican Republic, the presidents will convene public authorities and entities, as well as citizens or civil society representatives, at the beginning of the year to prioritize legislative initiatives for the parliament’s yearly legislative session.
Some practical examples are listed below.
Article 46
Article 145, Article 146
In accordance with the Argentinean Constitution, the Chamber of Deputies can submit a legislative initiative for public consultation, which would automatically become law if approved through such a consultation.
An example is listed below.
In accordance with the Ecuadorian constitution, Indigenous municipalities, communities, peoples, and nations have the right to be consulted. In accordance with this, the Ecuadorian parliament has made available instructional material on the implementation of pre-legislative consultations in cases where an initiative could affect the rights of these populations.
An example is listed below.
In accordance with the Regulations of the Chamber of Deputies and Senate of Bolivia, and the Regulations of the Congress of Peru, parliamentarians have obligations to those they represent in their respective constituencies.
Some practical examples are listed below. For a more exhaustive list, please consult the Regulatory Framework for Citizen Participation in the Legislative Process in the Americas and the Caribbean (p.56).
Article 23, Article 61
Article 66, Article 68
Article 23
In accordance with the Regulations of the Chamber of Deputies of Argentina, and Mexico’s Constitution and Federal Law on Transparency and Access to Public Information, public hearings must be held to appoint authorities that must be approved by the parliament. Within these, nominations to these positions are considered (Mexico), as well as the receipt of comments from all individuals or extending invitations to researchers, academics, and civil society organizations with expertise in the topics being addressed.
Some examples are listed below.
Article 18, Article 19, Article 20, Article 53
Article 35 (VII), Article 71 (IV)
Article 22, Article 123
The following practices have been submitted by parliamentarians and related stakeholders, and describe techniques that can be applied to:
Regulatory Practices