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Regulatory Frameworks for Citizen Participation in the Legislative Process in the Americas and the Caribbean

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Regulatory Frameworks for Citizen Participation in the Legislative Process in the Americas and the Caribbean REGULATORY FRAMEWORKS FOR CITIZEN PARTICIPATION IN THE LEGISLATIVE PROCESS IN THE AMERICAS AND THE CARIBBEAN This publication was made possible with financial support from the Government of Canada. TABLE OF CONTENTS Introduction ...........................................................................................................................................................................................2 Summary of regulated citizen participation mechanisms in the Americas and the Caribbean .............................................................2 Articles of laws or regulations by type of citizen participation mechanism ..............................................................................................5 1. Consultation with citizens, experts, or witnesses in committee sessions and receipt and integration of citizen contributions ......5 2. Popular legislative initiatives ..................................................................................................................................................... 19 3. Public hearings and consultations ............................................................................................................................................. 42 4. Appointment of citizens as members of parliament or a committee ........................................................................................... 53 5. Other mechanisms .................................................................................................................................................................... 55 1 Introduction This publication provides a list of regulatory frameworks for citizen participation in legislative processes in the Americas and the Caribbean. Its purpose is to serve as a companion piece to the ParlAmericas Toolkit for Citizen Participation in the Legislative Process. In preparing this publication, the national constitutions, laws, and regulations of the 35 countries of the Americas and the Caribbean were reviewed in order to compile all citizen participation mechanisms that are regulated by these legal measures. Through this research, four mechanisms were identified within the laws and regulations of many countries included in the study: consultations with citizens, experts, or witnesses in committee sessions and the receipt and inclusion of citizen contributions are regulated (23 countries); popular legislative initiatives (17 countries); public hearings and consultations (11 countries); and the appointment of citizens as members of parliament or as committee members is regulated (four countries). Furthermore, five other citizen participation practices were identified: the prioritization of legislative initiatives (one country); public consultations on draft legislation (one country); pre-legislative consultations (one country); parliamentary work in constituencies (two countries); and citizen participation in the appointment of authorities by parliament (two countries). Summary of regulated citizen participation mechanisms in the Americas and the Caribbean Type of mechanism Description Countries 1. Consultation with Mechanisms that allow for citizens, experts, and witnesses to The Bahamas, Barbados, Belize, citizens, experts, or be invited to send proposals, suggestions, or contributions, as Bolivia, Canada, Chile, Colombia, witnesses in well as, in some cases, to participate in committee sessions. In Costa Rica, Cuba, Dominica, committee sessions a few cases, citizens or interested individuals can request to Dominican Republic, Ecuador, El and receipt and participate in committees when they are affected by topic being Salvador, Guyana, Honduras, integration of citizen discussed. Jamaica, Mexico, Panama, contributions Paraguay, Peru, Trinidad and Tobago, Uruguay, and Venezuela 2 2. Popular legislative Mechanisms that allow citizens to present legislative initiatives Argentina, Bolivia, Colombia, Costa initiatives to their respective parliament. These can be on various topics in Rica, Cuba, Dominican Republic, accordance with the provisions and restrictions in each country, Ecuador, Honduras, Mexico and in the majority of cases they must be endorsed by a Nicaragua, Panama, Paraguay, specific number of signatures. Peru, Uruguay, and Venezuela 3. Public hearings and Mechanisms that allow committees and other parliamentary Argentina, Bolivia, Chile, Cuba, consultations bodies to organize activities to understand and incorporate Dominican Republic, El Salvador, citizen contributions into their work. In contrast to the previous Guatemala, Mexico, Nicaragua, mechanisms, these have their own procedure and, generally, Paraguay, and Venezuela are not part of committee sessions. 4. Appointment of Mechanisms that allow for the appointment of individuals Belize, Costa Rica, Grenada, and citizens as members representing a group or a sector of the population to participate Guyana of parliament or a as members of parliament and/or as committee members to committee guarantee that parliamentary work aligns with citizens’ demands. 5. Other mechanisms Prioritization of legislative initiatives Argentina, Bolivia, Dominican In accordance with the regulations of the Chamber of Deputies Republic, Ecuador, Mexico, and Peru 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. Public consultations on draft legislation 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. 3 Pre-legislative consultations 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. Parliamentary work in constituencies 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. Citizen participation in the nomination of authorities by parliament 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. 4 Articles of laws or regulations by type of citizen participation mechanism In this section, you will find articles from the regulatory frameworks on citizen participation, organized by the type of mechanism. The articles have been extracted from the original text of the law or regulations and have been kept in the official language of the respective country. For users of this document interested in exploring a specific mechanism in greater detail, the International Secretariat of ParlAmericas can support you in the translation of the relevant articles and facilitate contact with the corresponding parliament to learn about their experience, including the advantages and disadvantages of the mechanism in question. 1. Consultation with citizens, experts, or witnesses in committee sessions and receipt and integration of citizen contributions North America Canada Standing Orders of the House of Commons Article 113: […] (5) Any legislative committee shall be empowered to examine and enquire into the bills referred to it by the House and to report the same with or without amendments, to prepare a bill pursuant to Standing Order 68 and to report thereon and, except when the House otherwise orders, to send for officials from government departments and agencies and crown corporations and for other persons whom the committee deems to be competent to appear as witnesses on technical matters, to send for papers and records, to sit when the House is sitting, to sit when the House stands adjourned, and to print from day to day such papers and evidence as may be ordered by it. Rules of the Senate of Canada Article 12-9: (2) Standing committees and standing joint committees are empowered: (a) to send for persons, papers and records. Article 12-32: (5) Persons other than ministers may be invited to attend as witnesses before a Committee of the Whole. Mexico Standing Orders of the Chamber of Deputies (Reglamento de la Cámara de Diputados) Artículo 149: […]2. La Junta Directiva de la comisión o comité deberá, en su caso: […] VI. Llevar a cabo consultas, respecto a los 5 temas de su competencia, con representantes de los otros Poderes de la Unión, especialistas, organizaciones sociales, grupos de interés y ciudadanos en general […]3. La Junta Directiva podrá consultar a ciudadanos, grupos, organizaciones, a los titulares de las entidades de la administración pública centralizada y paraestatal y a los titulares o representantes legales de quienes detenten una concesión del Estado, cuando se estudie un negocio concerniente a
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