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About ParlAmericasParlAmericas is the institution that promotes PARLIAMENTARY DIPLOMACYin the INTER-AMERICAN systemParlAmericas is composed of the 35 NATIONAL LEGISLATURES from North,Central and South America and the CaribbeanParlAmericas facilitates the exchange of parliamentary BEST PRACTICES andpromotes COOPERATIVE POLITICAL DIALOGUEParlAmericas mainstreams GENDER EQUALITY by advocating for women’spolitical empowerment and the application of a gender lens in legislative workParlAmericas fosters OPEN PARLIAMENTS by advancing the principles oftransparency, accountability, citizen participation, ethics and probityParlAmericas promotes policies and legislative measures to mitigate andadapt to the effects of CLIMATE CHANGEParlAmericas works towards strengthening democracy and governance byaccompanying ELECTORAL PROCESSESParlAmericas is headquartered in OTTAWA, CANADA
Table of ContentsToolkit Co-creation Plan6Contributors 8Introduction 9Objective 9Using this Toolkit9Defining Citizen Participation10Importance of Citizen Participation 10Participation Ladder11Overview of Citizen Participation in the Legislative Process 12Developing a Citizen Participation Strategy 15Principles of Citizen Participation16Resources to Support Citizen Participation 17Educating Citizens and Promoting Participation 18Awareness Raising Programs and Campaigns 18Citizen Participation Offices and Communications Departments 19Parliamentary Websites 19Educational Programs for Children and Youth 20Town Hall Meetings20Tours of Parliament and Attendance of Sittings21Supporting the Work of Independent Civil Society Organizations 21Incentives for ParticipationMedia2222Social Media 23Information Visualization4Toolkit: Citizen Participation in the Legislative Process23
Citizen Participation Opportunities 24In-person Activities 24Citizen Participation Offices25Ad-hoc Meetings or Workshops with Civil Society Organizations 25Institutional Bodies 26Public Outreach 26Town Hall Meetings27Focus Groups27Committee Hearings and Witness, Specialist or Interested Person’sAppearances or Submissions 28Citizen Juries or Assemblies28Constituency Offices and Constituency Weeks 29Political Party Conventions, Policy Meetings and Constituency Associations29Digital Tools30Citizen Proposals and E-petitions 31Online Portals and Mobile Applications 32Electronic Contact with Parliamentarians 33Online Briefings to Committee 33Online Consultations 33Traditional and Social Media 34Social Media 35Television and Radio 35Exploring Co-Creation Models36Regulatory Framework for Citizen Participation 38Toolkit: Citizen Participation in the Legislative Process5
Toolkit Co-creation PlanUpdate of the Working DocumentThe ParlAmericas InternationalSecretariat updates the documentto reflect the discussions at the 1stCo-creation Meeting.Update of the Working DocumentThe ParlAmericas InternationalSecretariat updates the documentto reflect the discussions at the 2ndCo-creation Meeting.2nd Gathering of the Open ParliamentNetwork (OPN) in San Jose, Costa RicaRound table discussions during theGathering serve as a basis for the firstdraft working document.MarchAprilJune to JulySeptemberSeptember201720172017201720171st Co-Creation Meeting: CitizenParticipation Toolkit in Bogota,ColombiaParliamentarians and civil societyrepresentatives from LatinAmerica discuss the draft workingdocument focusing on citizenparticipation mechanisms.62nd Co-Creation Meeting:Citizen Participation Toolkitin Port of Spain, Trinidad andTobagoParliamentarians and civilsociety representatives fromthe Caribbean discuss the draftworking document focusing oncitizen participation mechanisms.Toolkit: Citizen Participation in the Legislative ProcessSeptemberto October2017Online Consultation andValidation ProcessThe final draft text ispublished online inGoogle Docs allowingparliamentarians,parliamentary staff, andcivil society representativesto comment and addadditional suggestions.
Update of the Working Document and FinalReview by the OPN Executive CommitteeThe ParlAmericas International Secretariat updatesthe document to reflect comments receivedonline and presents the final draft for review andapproval by the Open Parliament Network ExecutiveCommittee.Launch of the ToolkitThe toolkit is launched at the 3rdGathering of the ParlAmericas OpenParliament Network in Lima, Peru.Invitation to Member Parliaments toReview the Final DraftThe ParlAmericas InternationalSecretariat sends a copy of the final draftfor review and input by parliaments.October toNovember2017November2017 toFebruaryJanuary20182018Research and Compilation of Laws andRegulations on Citizen Participation inthe Americas and the CaribbeanThe ParlAmericas International Secretariatcompiles examples of laws andregulations on citizen participation in thelegislative process.Februaryto MarchApril20182018Design of the Toolkit PublicationThe ParlAmericas InternationalSecretariat designs the publication.Toolkit: Citizen Participation in the Legislative Process7
guaChilePanamaCosta RicaColombiaPeruEcuadorSaint LuciaGrenadaSaint Vincent andthe GrenadinesInternational and Civil Society Organizations8Toolkit: Citizen Participation in the Legislative ProcessGuyanaSurinameHondurasTrinidad andTobago
IntroductionObjectiveCitizens across the world have been demanding opportunities toexercise their democratic rights to participate in the governancedecisions that affect them, beyond the election of parliamentaryrepresentatives. This participation is at the core of the opennessagenda; it does not aim to reduce or replace the functions ofparliamentarians, but to enhance them. Parliamentariansin the Americas and the Caribbean recognized this call foraction and committed to improving opportunities for citizensto participate in legislative decision-making by adopting theParlAmericas Road Map towards Legislative Openness. Theyhave also created various spaces for citizen contributions withinlegislative decision-making processes.This toolkit provides a sampling of existing practices forparliamentary engagement with citizens across the Americas andthe Caribbean to insight reflection on the integration of suchopportunities throughout legislative processes. It aims to engagelegislators and civil society in a constructive dialogue to supportthe evolution of such practices while also acknowledging andmitigating challenges and risks in their implementation.Using this toolkitThis toolkit has been designed as an easy-to-navigate compilationof current trends and practices related to citizen participationin the legislative process with corresponding links to examples.The examples provided within this toolkit are not intendedto be an exhaustive list of all available resources, nor are theypresented as validated best practices. For toolkit users interestedin exploring a particular mechanism in greater depth, theParlAmericas International Secretariat can facilitate connectionswith corresponding parliaments to discuss their experience,including the advantages and disadvantages, with the mechanismin question.The toolkit is divided in three parts:The first part provides an overview of the style of possible citizen engagement within the various stages of thelegislative process and looks at how strategies for citizen participation can be developed by political actors.The second part provides examples of how citizen participation initiatives are being applied throughout theregion. These are organized under two broad types of engagement: (1) engagement to educate citizens on therole of parliament and encourage citizens to use mechanisms that are available to them; and (2) engagementthat allows citizens to participate in different stages of the legislative process.The third part explores the issue of regulatory frameworks.Toolkit: Citizen Participation in the Legislative Process9
Defining Citizen ParticipationThe Participation Ladder demonstrates the varying levels ofcitizen participation that can be applied. While it is representedin the form of a ladder, some levels of participation may be moreeffective than others at different stages of the legislative process,and the objective of a citizen participation strategy should notnecessarily be to empower citizens in every situation.This toolkit focuses on the application of mechanisms to consult,involve and collaborate with citizens. This toolkit will notfocus on mechanisms to inform citizens, which are a basicCitizen participation1Active involvement of citizens in legislative decision-makingprocesses allowing them to contribute to decisions thatmay have an impact on their livesrequirement to enable all other forms of effective participation,and mechanisms for direct democracy that empower citizens tomake decisions themselves.Importance of Citizen ParticipationIn addition to meeting citizens’ expectations that their viewsshould be considered, citizen participation can contribute to: Strengthened legitimacy of, and co-responsibility for,decisions and actions Improved understanding of the role of parliament andparliamentarians by citizens Opportunities for citizens to communicate their legitimateinterests More accountable and transparent parliamentsStrong collective intelligence that provides a better analysisof potential impacts and broader range of considerationsthroughout the legislative process for overall higher qualityoutcomes More inclusive and representative parliamentarydecision-making Increased trust and confidence of citizens in parliamentDifferentiating citizens from civil society organizations2Civil society organizations (CSOs) can be defined to include all non-market and non-State organizations outsideof the family in which people organize themselves to pursue shared interests in the public domain. Examplesinclude community-based organizations and village associations, environmental groups, women’s rightsgroups, farmers’ associations, faith-based organizations, labour unions, co-operatives, professional associations,chambers of commerce, independent research institutes and the not-profit media.1Road Map towards Legislative Openness, ParlAmericas2NGOs and CSOs: A Note on Terminology, United Nations Development Programme10Toolkit: Citizen Participation in the Legislative Process
Participation Ladder 3EmpowerCitizensAsk citizens to make thedecisionCollaborate4Decision-making powerWork with citizens to identifyfeasible solutions and make ajoint decisionInvolveEngage citizens in a two-wayrapport and consider their inputin decision-making?ConsultAsk citizens for their feedbackand consider the informationprovided in decision-makingInformInform citizens of their rightsand responsibilities and ofdecisions taken to strengthenthe public understanding andcreate public awarenessLegislators3Based on an adaptation of the Ladder of Citizen Participation by Sherry Arnstein (1969) by Citizen Lab4Co-Creation is an emerging form of collaboration originating from the Open Government PartnershipToolkit: Citizen Participation in the Legislative Process11
Overview of Citizen ParticipationThere are opportunities to engage citizens at various stages of the legislative process and these can be coordinated by variousactors who are responsible for the process at any given stage. Considering the type of input sought at each stage and theresponsibilities of corresponding actors can help determine an appropriate methodology and combination of mechanisms toeffectively obtain citizens’ input.OversightExplore the impact of existing laws and oversee the actions of theExecutive.Responsible actors: Legislators in plenary during question period, questioning andscrutinizing executive appointees Committees monitoring the implementation of legislationand government policy, and investigating certain issues,particularly public accountsAgendasettingPossible citizen engagement at this stage: open-ended dialogueon the implementation of government policy and/or input on theimplementation of specific government policy or as part of aninvestigation of a specific case.OversightVote on a billVote to adopt or reject a bill.Responsible actors: Legislators voting in plenary on the principle ofbill and on the adoption of the billPossible citizen engagement at this stage: poll ofcitizens’ views on a specific bill.Vote ona billReview of a billStudy of the bill in committee and debate in plenary.Responsible actors: Committees considering bills Legislators in plenary debate considering the principles, content, andproposed amendments of billsPossible citizen engagement at this stage: input based on the draft of aspecific bill.12Toolkit: Citizen Participation in the Legislative ProcessReview ofa bill
in the Legislative ProcessAgenda settingEstablishment of specific issues as public policy priorities.Responsible actors: Political parties developing policy platforms Legislators representing constituents Committees defining their agenda Presidency or board of directors of parliament defining plenary agenda Parliamentary caucuses Cabinet and public institutions determining government legislative priorities5Possible citizen engagement at this stage: open-ended dialogue allowing the identificationof issues and suggestion of legislative solutions.Contentdevelopmentof a billContent development of a billDetermination of the main components of specific legislation.Responsible actors: Cabinet and public institutions proposing bills Legislators proposing bills in parliamentary systems Committees tasked with creating a report as the basis on which a billwill be draftedPossible citizen engagement at this stage: input on a specific issue andsuggestion of legislative solutions.Draftingof a billDrafting of a billLegal drafting of the text of a bill.Responsible actors: Cabinet, public institutions, and the relevant legal departments drafting bills Legislators and legislative counsel of the chamber drafting private members’bills in parliamentary systems Committees and legislative counsel of the chamber drafting bills in committeePossible citizen engagement at this stage: input on the text to be included within aspecific bill.5Parliamentary Caucuses or Groups: A group made up of all parliamentarians from the same political party or a group of legislators from different parties committed to advancing anissue (i.e. Gender Caucuses) or enhancing regional representationToolkit: Citizen Participation in the Legislative Process13
Budget CycleThe budget process is a critical component of the legislativefunction. While the budget is formulated and drafted aslegislation by the Executive, legislators can make modificationsin accordance with the country’s legislation, as well as approve it.The budget is quite technical due to its overarching and financialnature. Opportunities to engage citizens are nonetheless possiblethroughout its four phases6:Legislature reviews andExecutive formulatesamends the budget anddraft budgetulioatnEnactenFomrmenacts it into lawcuresighttExtionOveBudget accounts arerevenue and spendsaudited and findingsmoney as per theare reviewed by theallocations in the budgetlegislatureWhile this toolkit provides some examples of participatorybudgeting, readers interested in this topic are invited to consultthe Global Initiative for Fiscal Transparency’s Public6lawParticipation Principles Guide which provides a comprehensiveoverview of strategies and mechanisms available to integrate publicparticipation at every stage of the financial process.Graphic based on Making The Most of the Budget Cycle: the Budget Formulation Stage (2017), International Budget Partnership14Toolkit: Citizen Participation in the Legislative ProcessExecutive collects
Developing a CitizenParticipation StrategySeparate citizen participation strategies can be developed by each responsible actor for distinct stages and/or issue-based processes. Suchstrategies need to consider any existing laws and regulations - including parliamentary standing orders - which may govern citizenparticipation. They can include a plan to promote opportunities for participation and provide incentives, in addition to identifyingspecific methodologies and mechanisms to be applied. Citizens can also be involved in the development of these strategies to create asense of co-ownership and ensure that the strategies meet their expectations.Political parties can focus on improvingopportunities for citizens to contribute tothe development of policy platforms.Legislators can focus on improving theirrelationship with constituents by makingthemselves accessible and actively engagingin dialogue, including through constituency offices.Committees can focus on invitingcitizens to contribute to a specificissue or bill being studied whenadopting their agenda.In practiceMethodology for Public Consultation on ActiveTransparency, Council for Transparency of Chile:Methodology for public consultation including tutorialsfor “active transparency”, which includes online surveys, anexpert workshop, witnesses (interviews) and focus groups.Parliament, through its committeeresponsible for procedures, citizenparticipation or internal management,can create opportunities for citizens tocontribute at an institutional level (i.e.citizen proposals, citizen questions to the plenary ora committee, parliamentary portals, etc.) and create amenu of mechanisms that legislators and committeescan apply in their work; parliament can also motionfor committees to engage with citizens and allocateresources to support these efforts.Parliamentary caucuses can focuson integrating citizens in definingtheir priorities and in the collection offrontline data.Assessing the Expectations of Citizens to Develop aPilot Participatory Budget Project, Caribbean OpenInstitute and Mona School of Business and Management,University of the West Indies: Mobile surveys andfocus groups were held to better understand what thebudget means to citizens in their daily lives, and how aparticipatory budget project could be implemented to meettheir expectations.Stakeholder Consultation Tools, European CommissionToolkit: Citizen Participation in the Legislative Process15
Principles of Citizen ParticipationThe following is an adaptation of the Global Initiative for FiscalTransparency’s Principles of Public Participation in FiscalPolicy. These principles are intended to guide parliaments andparliamentarians in the development of strategies to enhancecitizen participation in the legislative process.OpennessRespect for self-expressionProvide full information on, and be responsive withrespect to, the purpose, scope, constraints, intendedoutcomes, processes, timelines, and actual results ofparticipation, in addition to next steps.Allow and support individuals and communities,including those that are directly affected, toarticulate their interests in their own ways, and tochoose the means of engagement that they prefer,while recognizing that there maybe groups thathave standing to speak on behalf of others.TransparencyProvide all relevant information to supporteach instance of public engagement,highlighting and informing key choicesand trade-offs, identifying potential social,economic, and environmental impacts, andincorporating a diversity of perspectives;provide timely and specific feedback on publicinputs and how they have been incorporated ornot in bills.InclusivenessPro-actively use multiple mechanisms to reachout to and provide a safe space for all citizens,including those from traditionally marginalizedgroups, and voices that are seldom heard, withoutdiscrimination on any basis including nationality,race, ethnicity, religion, gender, sexual orientation,
Toolkit: Citizen Participation in the Legislative Process 5 Citizen Participation Opportunities 24 In-person Activities 24 Citizen Participation Offices 25 Ad-hoc Meetings or Workshops with Civil Society Organizations 25 Institutional Bodies 26 Public Outreach 26 Town Hall Meetings 27 Focus Groups 27 Committee Hearings and Witness, Specialist or Interested Person’s
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