# PUBLIC PARTICIPATION IN DECISION-MAKING PROCESSES

- Link: https://dearsouthafrica.co.za/about/public-participation/
- Published: 2018-04-30T22:24:45+02:00
- Author: dearSA

### Participation in decision-making processes means a possibility for citizens, civil society organisations and other interested parties to influence the development of policies and laws which affect them.

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### Specifically, participation can help towards:

    - Creating fair policies/laws reflective of real needs enriched with additional
      experience and expertise;
    - Facilitating cross-sector dialogue and reaching consensus;
    - Adopting more forward and outward looking solutions;
    - Ensuring legitimacy of proposed regulation and compliance;
    - Decreases costs, as parties can contribute with own resources;
    - Increasing partnership, ownership and responsibility in implementation;
    - Strengthening democracy – preventing conflict among different groups and between
      the public and the government and increasing confidence in public institutions.

### Values and Principles of Participation

In regulating the procedure for consultation institutions and organizations in Europe
have highlighted several principles which guide the process. Some of those include:

 1.  a. Public participation is based on the belief that those who are affected by a decision
        have a right to be involved in the decision-making process.
     b. Public participation includes the promise that the public’s contribution will 
        influence the decision.
     c. Public participation promotes sustainable decisions by recognizing and communicating
        the needs and interests of all participants, including decision makers.
     d. Public participation seeks out and facilitates the involvement of those potentially
        affected by or interested in a decision.
     e. Public participation seeks input from participants in designing how they participate.
     f. Public participation provides participants with the information they need to participate
        in a meaningful way.
     g. Public participation communicates to participants how their input affected the
        decision.

### International documents and country specific regulation recognize the following levels of participation:

**(1)** **Access to information**: Access to information is the first, basic and
important right which is underlying the whole process of participation. Whilst it
means that the government informs the public about its plans and the types of documents
it wants to adopt at the beginning of the process, it also highlights  the right
of the public to have access to all information (e.g., drafts, comments and reasoning)
throughout the process. The access to information is a right regulated in specific
laws. While at this level there is no need for intensive interaction between the
government and the public, the government should not apply measures which would 
prevent the public from receiving the information crucial for the process.

**(2) Consultation**: Consultation is a form of participation where the government
invites the public to provide its opinion, comments, views and feed-back on a specific
document. Whilst the issues on which the public is consulted are defined by the 
government, this process should also allow for the public to express opinion on 
other issues contained in the draft. Consultation can be organized with a broader
group of participants from the public. It is a reactive way of participation – the
public becomes involved because the government requests this. However, this is not
to say that the public cannot request to be consulted. Indeed, it should act and
remind the governmental bodies about the need to be asked to comment on laws which
will affect them.

**(3) Active engagement through dialogue and partnership:** Active involvement (
partnership) in law making means collaboration and jointly undertaken responsibilities
at all stages of the decision-making process (agenda setting, issue identification,
drafting, decision and implementation). It is the highest form of participation;
it may be described as a situation where the representatives of the public share
a seat at the table with the government representatives. The initiative can come
from both the sides. Whilst there should be an agreement about the common goals 
of the process, those involved from the public should be able to retain their independence,
and to advocate and campaign for the solutions which they want to see adopted. Dialogue
is as an active form of participation. Indeed, dialogue is prerequisite for collaborative
relationship. It requires “a two-way communication built on mutual interests and
potentially shared objectives to ensure a regular exchange of views.” The dialogue
is an underlying form of a collaboration which is built around a specific issue 
of interest and should lead to commonly agreed outcomes.

### Framework for public participation

To ensure that the essential contributions of CSOs are enshrined in the political
decision-making process without discrimination, an enabling environment is required.
Conditions of an enabling environment include:

    - the rule of law,
    - adherence to fundamental democratic principles,
    - political will,
    - favourable legislation,
    - clear procedures,
    - long-term support and resources for a sustainable civil society and
    - shared spaces for dialogue and cooperation.

These conditions allow for a constructive relationship between NGOs and public authorities
built on reciprocal trust and mutual understanding for participatory democracy.

Parliament of SA – Public Participation Model 2020

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Parliament of SA – Public Participation Model 2021

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