The University of Kigali Centre for Economic Governance and Leadership Publishes Research on Civil Society Participation in the Legislative Process in Rwanda
The University of Kigali Centre for Economic Governance and Leadership, with funding from the Rwanda Governance Board and the United Nations Development Program, has recently concluded a research study assessing the level of CSO participation in the legislative process in Rwanda. University of Kigali Centre for Economic Governance and Leadership (2020), Civil Society Participation in the Legislative Process: A Study Scrutinizing the Role of CSOs in the Law-Making Process. The study identifies the challenges facing both civil society and legislative institutions in the law-making process. It also looks at opportunities for CSO participation and makes recommendations aimed at improving the effectiveness of this process by highlighting the important role of CSOs in it.
The study found and sought to understand the reasons for reported low levels of participation of CSOs in the legislative and policy formulation process in Rwanda. In order to achieve this, a qualitative methodology based on a comprehensive literature review was used in addition to interviews and focus group discussions with key informants drawn from a diverse set of both state and non-state actors. To better understand this process, CSOs representing historically marginalized and vulnerable groups, such as women, youth, persons with disabilities and sexual minorities were engaged.
The study concluded that increasing civil society engagement and participation in the legislative process is good for representative democracy in Rwanda. When effectively engaged, civil society organisations can bring knowledge and expertise to the law-making process, including drafting, dissemination, implementation, monitoring, review, and reformulation of the law. Therefore, to ensure added value and practical involvement of civil society in the legislative process, government institutions must reinforce and establish new pathways and opportunities for engaging civil society.
For this to happen, relevant decision-makers must determine the specific benefits of CSO participation in the different steps of policy development and law-making, such as policy making, agenda setting, formulation of strategies, consultations with stakeholders, Sector-Working Groups and Parliamentary committees.
An effective and mutually beneficial partnership between CSOs and public authorities must be established to facilitate enhanced levels of collaboration, participation, information sharing, consultation, and dialogue.
Thus, for effective CSO participation, the challenges faced by both CSOs and legislative institutions identified in the study will need to be overcome and opportunities for enhancing CSO participation in the legislative process leveraged.
CSO challenges
Among the challenges faced by CSOs is the lack of public information on the legislative agenda, making the possibility of public participation limited. There is also an inadequate legal framework providing practical guidelines on how CSOs’ can engage effectively with the legislative process. A lack of awareness among CSOs about the opportunities, entry points and mechanisms for engaging with legislative processes also means that they cannot participate effectively. Many CSOs also do not have the necessary financial, human, and technical resources and struggle to generate evidence that could inform policy advocacy. Poor coordination and consultation mechanisms for CSOs was another challenge. Finally, many CSOs lack confidence and tend towards self-censorship.
Challenges faced by legislative institutions
Consequently, legislative institutions, despite clear policy and political support by the State, also face some challenges in ensuring the participation of the public and CSOs in the legislative process. Among these is the lack of comprehensive guidelines and procedures of engagement for the various actors involved in the formulation of both policy and legislation, making it difficult to engage in a participatory process. Furthermore, the sheer diversity of CSOs in Rwanda makes effective coordination and consultation particularly challenging.
Opportunities for leveraging CSO participation in the legislative process
CSOs can enhance their participation and effectiveness in influencing the legislative process if they adopt certain measures, such as affiliation with umbrella organizations, diversifying funding opportunities for advocacy, having a connection to the community, and having a sufficient understanding of issues. CSOs also need to harness ICT in expanding their consultation and feedback mechanisms. Finally, they should make effective use of media tools to raise awareness.
Lessons learnt
In the course of the study, many valuable lessons were learnt about the legislative process in Rwanda.
For instance, the study found that there is ample space in Rwanda for meaningful and fruitful engagement between civil society, Government and Parliament.
Also, there is high political will from the Government to listen to and engage with CSOs when it comes to valid and genuine requests. Issues raised by civil society are positively received by the Government which is committed to giving them due consideration.
The Government, and the RGB, for instance, were fully committed to consulting with all relevant national NGOs on the content of the new NGO law, and civil society in Rwanda can freely engage in sensitive human rights issues with no fear of any backlash.
Members of Parliament were found to be willing to consider views from civil society when they are backed by evidence and presented as easy to read policy briefs and position papers.
The contributions and views of CSOs are taken seriously during the drafting of different laws and policies.
There is significant potential within Rwanda’s civil society to engage in successful policy-making and legal reforms. However, this is hampered by a lack of capacity. For instance, there is a need to train civil society leaders to use a rights-based approach towards activism.
Effective Advocacy is a long-term process that calls for resilience, flexibility, and adaptability of strategies to new information and evolving trends. It is an art that must be anchored in solid evidence, adjusted to the political context, and use multifaceted approaches.
To be successful in advocacy, like-minded civil society must engage in strong coalition building, cost-sharing and also involve the primary beneficiaries of the advocacy campaigns.
To be effective, CSOs should be pro-active rather than reactive to the law-making process to raise their issues before laws are promulgated.
Both the Government and the Parliament ought to engage all relevant stakeholders before passing any law to avoid subsequent criticisms of the law from different interest groups, which leads to a lack of ownership of the law and subsequent revisions of the law.
The Rwanda Civil Society Platform plays a key role as a connection between the Government and CSOs. Individual advocacy initiatives initiated by CSOs should be encouraged and supported by umbrella organisations, especially the Rwanda Civil Society Platform.
Finally, the study makes some recommendations to different stakeholders:
Legislative institutions
Should enact enabling legislation to guide comprehensive, effective, and mandatory participation of CSOs and other relevant stakeholders in the legislative process.
They should also harness ICT and innovative media in reaching out to different CSOs and other stakeholders during the consultation process.
Civil society organisations
Should strengthen legal and policy advocacy initiatives in their programs.
Should also strengthen their financial and technical expertise to engage more actively in policy, legal and advocacy interventions.
Need to strengthen alliance building to better engage on different thematic advocacy issues.
Should improve consultation, coordination and information sharing by umbrella organizations to their member organizations in line with pursuing policy/legal advocacy on issues pertinent to their member organizations.
Should strengthen their constituency base to increase their legitimacy as voices of their constituents rather than being perceived as advocates of their vested interests.
Other stakeholders (development partners, academia, media)
Should provide strategic funding to support CSOs’ work on advocacy on a long-term basis, including robust research to generate evidence to influence public policy and legislation.
Should strengthen the financial and technical expertise required to enable effective CSO engagement in the legislative process.
There is a need for increased synergy and collaboration between CSOs and other interest groups (academia, media, professional bodies, etc.) in effectively engaging with the legislation process.
The University of Kigali Centre for Economic Governance and Leadership hopes that the findings and recommendations from the study will be useful in improving the participation of stakeholders, and CSOs, in the legislative process in Rwanda. An advocacy strategy has been elaborated to sustain the recommendations flowing from the study.
For additional information, please contact cegl@uok.ac.rw.
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