Regulatory Frameworks for Citizen Participation

Getting Started

The legal nature of citizens’ right to participate in the legislative decision-making process is worth being considered when developing a strategy for this purpose. Such a right can be provided directly from the constitution or derive from another constitutional right, and it can be enforceable or not. It can also be strengthened through legislation and regulations governing citizen participation in the legislative process.

Civil society organizations at the first co-creation meeting to develop this toolkit advocated for the adoption of legislation and regulations to further guarantee citizen engagement in the legislative process and establish rules and procedures for such engagement. Legislation would strengthen citizens’ right to participate and encourage the parliament to incorporate citizen participation throughout the legislative process and make it mandatory in some cases. Corresponding regulations could clarify the instances and mechanisms through which citizens could contribute, determine who is responsible for administering engagement processes and clarify how contributions are to be considered.

Within the Americas and the Caribbean, existing regulatory frameworks, including parliamentary standing orders which govern citizen participation in the legislative process, are generally limited to legislative initiatives submitted by citizens and parliamentary committee consultations.

Getting Started

The legal nature of citizens’ right to participate in the legislative decision-making process is worth being considered when developing a strategy for this purpose. Such a right can be provided directly from the constitution or derive from another constitutional right, and it can be enforceable or not. It can also be strengthened through legislation and regulations governing citizen participation in the legislative process.

Civil society organizations at the first co-creation meeting to develop this toolkit advocated for the adoption of legislation and regulations to further guarantee citizen engagement in the legislative process and establish rules and procedures for such engagement. Legislation would strengthen citizens’ right to participate and encourage the parliament to incorporate citizen participation throughout the legislative process and make it mandatory in some cases. Corresponding regulations could clarify the instances and mechanisms through which citizens could contribute, determine who is responsible for administering engagement processes and clarify how contributions are to be considered.

Within the Americas and the Caribbean, existing regulatory frameworks, including parliamentary standing orders which govern citizen participation in the legislative process, are generally limited to legislative initiatives submitted by citizens and parliamentary committee consultations.

Considering Regulatory Frameworks

The following questions can guide discussions on the adoption of regulatory frameworks to guarantee effective citizen participation:

  • Should an instrument governing public consultations be legally binding (law or regulation), or would a “softer” instrument, such as a code of conduct, better serve the purpose?
  • Should an obligation for public consultations entail only laws, other general acts, or any public policy document?
  • Should an obligation for public consultations pertain to executive bodies (consultations during the drafting process), or also to legislative bodies (consultations after a draft is submitted to Parliament)?
  • Is it necessary to introduce a minimum and broader scope of consultations?
  • Is it necessary and justified to stipulate exemptions to public consultations obligation?
  • What sanctions for the breach of consultation obligations will appropriately reflect the legal nature of an instrument chosen to govern public participation?
  • Who is the other party in consultations: should these be extended to commercial private law bodies (companies), or only citizens and CSOs, including associations of employers?

Existing Regulatory Frameworks for 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:

  1. Consultations with citizens, experts, or witnesses in committee sessions and the receipt and inclusion of citizen contributions are regulated
  2. Popular legislative initiatives
  3. Public hearings and consultations
  4. Appointment of citizens as members of parliament or as committee members is regulated.
  5. Prioritization of legislative initiatives
  6. Public consultations on draft legislation
  7. Pre-legislative consultations
  8. Parliamentary work in constituencies
  9. Citizen participation in the appointment of authorities by parliament

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).

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).

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).

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. 

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).

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. 

Good Practices

The following practices have been submitted by parliamentarians and related stakeholders, and describe techniques that can be applied to:

Regulatory Practices

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