Support to Legislatives Institutions

Considering the significant role that Legislatures play in representative democracies (presidential and parliamentary), this section’s general mission will be to support Members States’ legislatures (national parliaments, congresses or assemblies) in their efforts to promote inter-parliamentary cooperation and legislative modernization. Both processes contribute to the strengthening of the legislative institution and its capacity to play a significant role in democratic governance.

In terms of inter-parliamentary cooperation, and taking into consideration the context of increasing globalization and interdependence, the legislative branch has a significant role to play in responding to regional challenges or threats. Consider, for example, the role it plays in the ratification of international agreements and treaties, in legislative cooperation and harmonization, and in internalizing and adapting norms adopted by the executive branch at the international level.

With respect to legislative modernization, the legislative branch is a key institution in the system of separation and balance of powers that guarantees individual liberties, limits the power of the state institutions, and prevents the abuse of power, in presidential as well as in parliamentary democracies. In the case of the latter, the separation or differentiation of “powers” between the executive cabinet and the parliament is subtle, and it is more visible when there are political differences in the majority party or governing coalition.  The growing importance of legislatures in the functioning of representative democracies in the region, as well as in the integration processes, requires a solid institution, capable of adequately performing its functions and discharging its responsibilities; Consequently, genuinely representing its citizens, legislating rigorously; and appropriately controlling or overseeing the performance of the other branches of government.

At the request of Member States’ legislative institutions, this section will carry out its activities in support of, and in collaboration with, national legislatures, regional parliaments, or instances of inter-parliamentary cooperation such as the Forum of Presidents of Legislatures (FOPREL) of Central America, the Andean region or the Assembly of Caribbean Parliamentarians. Additionally, it will collaborate with pertinent state agencies of international cooperation, intergovernmental organizations, academic institutions, and nongovernmental organizations. It will also seek the support and the collaboration of the relevant and substantive areas of the General Secretariat.

Strategy of work

A. Inter-parliamentary cooperation: The section will support member states’ legislative institutions and regional parliaments in their initiatives to foster cooperation, harmonization, and legislative updating and adaptation.  It will collaborate with the legislative powers with the aim of contributing to their efforts in developing the sustainable capacity to jointly deal, from the legislative and regional perspective, with subjects/challenges of mutual interest that conform to the Inter-American agenda; Including subjects/ challenges such as: natural disasters, drug trafficking, corruption, terrorism, promotion and defense of democracy, decentralization, education, public safety, migration, among others. These “intermestic” challenges (partly international and partly domestic) invariably require legislative answers; that is, legislation, at least minimally harmonized at the regional or sub-regional level and compatible with regional and international legal instruments.

The section will aim, strategically, to involve the presidencies and/or the principal legislative authorities in the discussions related to subjects of the Inter-American agenda, as well as in those related to the Inter-American summit processes, as is done with non-governmental organizations. The participation and commitment of these authorities guarantees the fulfillment of inter-parliamentary agreements and assures that such agreements have priority and follow up in the national legislatures.

B. Legislative modernization: A solid and responsible legislative power contributes significantly to democratic governance. Consequently, the section will support efforts to strengthen and modernize legislative institutions in crucial subjects such as: Probity and legislative ethics; budgetary analysis; parliamentary control; legislative technique and parliamentary negotiation; Legislative-Executive relations; institutional strategies of political communication; relations with civil society; the use of new communication and information technologies (“e-Congress”); parliamentary advisory services, and formulas for parliamentary election.

C. Generating strategic resources: The section will promote the generation and dissemination of a critical body of knowledge and information on issues related to the functioning of legislative institutions (national and regional) in addition to encouraging the development of human resources with “expertise” in those matters. The fundamental premise is that development and institutional strengthening, in the final analysis, depend on an institution’s capacity in terms of strategic resources such as knowledge, information, and human resources. The development of these resources generates the capacity that is required to contribute to democratic governance.

Considering that, and in practical terms, the section’s efforts will be concentrated in supporting, at national and regional levels, activities including (
for example): conducting research to generate new knowledge and train experts in subjects relevant to legislative modernization; the organization of courses and workshops to update legislators and advisers’ knowledge and information; the organization of regional seminars to exchange experiences and harmonize legislation; and technical assistance to help design projects of legislative modernization and inter-parliamentary cooperation.

D. The projects and activities of this section will always attempt to conclude with useful, practical results or products aimed at fostering parliamentary cooperation and modernization, including, for example: models and frameworks for new legislation or for the updating of current legislation; strategies for adapting and internalizing international agreements and norms; blueprints for training programs (virtual and/or real); strategies for institutional communication with society; parliamentary codes of ethics; design of legislative interactive Web pages for national and regional networks; design of software for the development of databases on comparative legislation and issues of legislative interest; software or guidelines for the development and standardization of parliamentary procedures, legislative drafting techniques, parliamentary negotiations, electronic follow up of legislatives drafts; budgetary analysis, organization and parliamentary administration, among others.

Program of Support to Strengthen Legislative Institutions (PAFIL)
Summary of OAS activities 1996-2004
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