LEGISLATIVE DRAFTING AND GOOD GOVERNANCE
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
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
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
DESIGNING LAWS FOR GOOD
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
Abuse of discretion can be eliminated through
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
2. The considerations the official may take into
3. The procedures the official must use in
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
4. Consider the use of public Advocate for
disadvantaged groups in agency decision
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
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