Legislative Strengthening Program (LSP): OPEN PARLIAMENTARY AND LEGISLATIVE DRAFTING PROCESS IN IRAQ

This program is part of the Capacity of National Government Institutions Improved program, which is funded by the United States Agency for International Development (USAID) and implemented by AECOM in association with Management Systems International. The LSP emphasizes the importance of a meaningful ongoing relationship between the governors and the governed to make democracy work in practice. This relationship is essential for promoting the interests of constituents and the general welfare in a transparent manner. The program recognizes that Members of Parliament have concrete obligations to work closely with non-governmental parties, including citizen groups, businesses representatives, Non-Governmental Organizations, professional bodies, and independent experts. The LSP identifies several key parliamentary procedures that should be open and participatory, including oversight of the Executive Branch of Government, investigations, approval of nominations and withdrawal of confidence, the work of Committees, and the drafting, review, and approval of new laws. The Constitution of Iraq and By-laws of the Council of Representatives cover these functions, which are essential for ensuring accountability, transparency, and representation. However, the LSP notes that all Parliaments set limits upon the open-ness of different activities, and that measures are customarily taken to protect national security, confidential information, the safety of personnel and property. In Iraq, Article 53 of the Constitution and Article 114 of the By-laws restrict access to parliamentary procedures, but these provisions do not provide details concerning their scope and application. The LSP emphasizes the importance of carefully defining and limiting the circumstances under which parliamentary work is conducted behind closed doors. Closed parliamentary procedures should be rare and exceptional, and procedures for deciding to close parliamentary activities should be carefully structured, strictly followed, and fully documented. Lack of transparency in the work of Parliament or procedures for deciding to close the work of Parliament undermine public confidence and create suspicion. The LSP also highlights the importance of constituent relations, which is a parliamentary function that has to be open and transparent by its nature. Members of Parliament have a number of obligations to their constituents, including conducting outreach, investigating and monitoring actual circumstances, facilitating communication, and providing opportunities to observe and participate in governmental processes. The LSP concludes that there are two main justifications for opening the legislative drafting process to non-governmental parties and making the work participatory and inclusive: this is sound democratic practice, and it builds links between the government and the governed, bringing benefits such as increased respect for laws and the legislative drafting process, reduced costs of implementation and enforcement, and improved representation. The LSP proposes several measures to make legislative drafting in Iraq more open and participatory, including the establishment of Legislative Working Groups, Specialized Drafting Institutions, Committee Procedures, Information Management, Communications, and Outreach, Open Hearings, and Electronic Governance. These measures aim to promote transparency, accountability, and representation in the legislative drafting process, and to strengthen democracy in Iraq. The LSP also provides guidelines for an open hearing, which is a parliamentary function that has to be open and transparent by its nature. The guidelines emphasize the importance of transparency, accountability, and representation in the legislative drafting process, and provide a framework for conducting open hearings in a way that is consistent with these principles. Overall, the LSP aims to promote transparency, accountability, and representation in the legislative drafting process in Iraq, and to strengthen democracy in the country. The program recognizes the importance of a meaningful ongoing relationship between the governors and the governed, and proposes several measures to promote this relationship and to make the legislative drafting process more open and participatory.