REGINAL COMPLIANCE
The Pacific Island Countries collectively put themselves into Regional Bodies like, Forum Fisheries Agency (FFA), South Pacific Forum Secretariat, South Pacific Community (SPC), South Pacific Regional Environmental Programme (SPREP) to address respective issues affecting the Island Countries.
Agreements, Conventions, Resolutions and Policy guidelines are promulgated to address the concerning issues. These however are sprinkled down to the legislative process for each country to be enforced or implemented. These processes often require technical assistances including legislative drafting to comply with the regional conventions or recommendations.
Our experiences in the Marshall Islands, Nauru and Solomon Islands give us confidence to see what will work when drafting for compliance in the overall legal structure of each small Island countries. From the National Government level to the provincial and local level governments.
DESIGNING LAWS FOR GOOD GOVERNANCE
The National and Provincial Parliaments legislations can only be drafted in a manner encouraging leaders to behave in the teachings of good governance. Good Governance affects all areas of leadership, development and the
community. One instrument to achieve good governance is designing and drafting laws that promote it. The Abuse of Discretion. The Lack of Accountability. The lack of transparency. These are the very common factors that discourage good governance.
Abuse of discretion can be eliminated through these measures.
Grant enough discretion to the leader/official to govern and at the same time ensure that officials use their discretion only in the public interest. This can be done by :
1. Controlling discretion of the official by specifying the kinds of decisions the official may allow making,
2. The considerations the official may take into account and,
3. The procedures the official must use in deciding.
A discretion can be controlled by limiting factors decision maker must consider.
a. Specify who may supply inputs.
b. Specify the kinds of inputs the decision maker may admit into evidence.
c. Require written reasons for decision.
d. Specify the kinds of consideration an official take into account in the conversion process.
Lack of accountability can be addressed by:
1. Requiring maximum feasible participation of stake holders input and feedback processes in agency’s decision making
2. Ensure agency provides sufficient information about nature of relevant problems to enable stake holders or their representatives to participate effectively
3. Where appropriate, ensure participation in agency decision-making by representatives of disadvantages.
4. Consider the use of public Advocate for disadvantaged groups in agency decision making.
Accountability will be ensured when the law gave a discretion to the leaders by.
a. Require written decisions giving reasons.
b. Give private rights to appeal to higher bodies and ultimate court.
c. Where appropriate, provide legal aid for disadvantaged person or groups.
Transparency can be enhanced by.
a. Removing or limit Official secret provisions.
b. Ensure the right and opportunity to attend hearings, meeting and other proceedings under the bill.
c. Require that officials give decisions in writing and specify the reasons for those decisions
REMEMBER, A LEGISLATION THAT CHANGES A BEHAVIOR OF AN INDIVIDUAL IS AN EFFECTIVE LAW.
A LAW THAT DOES NOT HAVE A TEETH, IS A BAD LEGISLATION FROM THE
BEGINNING