A Comparative Analysis of Petition Systems

Introduction

Petitions represent one of the most prevalent and traditional forms of public engagement, serving as a vehicle for citizens to express their voices. They encourage citizens to participate in political matters and bridge the gap between the people and their representatives. Many parliaments have implemented modern, internet-based “e-petition” systems, with a remarkable 79% of respondents reporting the existence of such systems in the Global Parliamentary Report 2022.

We examined petition-related provisions in the constitutions, legal frameworks and parliamentary rules of procedure of 30 countries (between 4 and 6 from each continent). Through this research, we sought to gain comprehensive insights into the diverse petition systems utilized by parliaments across the globe.

Key findings:?

• Eligibility criteria for petitioners vary, with some parliaments allowing individuals to submit petitions, while others restrict petitioning to citizens or require the involvement of MPs.
• The scope of petition topics varies, with some parliaments limiting petitions to public interests and others allowing petitions covering both public and private matters.
• Some countries have dedicated petitions committees in their parliaments, while others assign petition reviews to relevant standing committees.
• Binding deadlines for petition consideration exist in some countries, ensuring timely responses and greater public engagement.
• Several countries have legal provisions requiring petitioners to be informed of the outcomes of the petition process.
• Petitions presented near the end of a parliamentary term or with long review times face challenges, and some parliaments have introduced measures to carry over the review process into the next term.
• Each country has a unique set of laws and rules governing the petition process, addressing specific situations and types of petitions.

Petitioner eligibility?

The right to petition is essentially given to citizens, serving as a direct link between them and parliamentary decision makers. In 19 of the 30 countries covered by this research, including? Saudi Arabia and South Africa, the legal framework grants the right to submit petitions to? “individuals” (or “everyone”, “any person”? or “a citizen”). Within this group, the Parliament of Australia accepts petitions from any citizen or resident in its territory. However, only citizens are permitted to petition in Italy and the Netherlands. In the Republic of Korea, an individual must be introduced by at least one MP when submitting a petition, although e-petitions can be submitted with 50,000 signatures without the involvement of an MP.?

Six of the parliaments studied allow “MPs” to submit petitions. In Kiribati, only MPs can submit petitions. In Canada, citizens express their opinions via petitions to MPs, who formally submit them to parliament.

In five of the countries included in this research, the right to petition is established in the legal framework but there is no clarification as to who is eligible to submit a petition.?

Examples of laws/rules relating to petitioner eligibility

Bahrain: Constitution of 2002 (with amendments through to 2017)

Article 29

Any individual may address the public authorities in writing over his signature. Group approaches to the authorities may only be made by statutory bodies and corporate persons.

Kiribati: Rules of Procedure of the Maneaba ni Maungatabu?

25. PRESENTATION OF PETITIONS

(1) A private Member, on his own behalf or on behalf of his constituency or other members of the public, may, on a matter of concern that requires that the attention of the Government or a public response, present a petition to the Maneaba.

Scope of petition topics?

Petitions may cover a wide range of matters including social and political issues, environmental concerns and more. In 11 of the 30 countries surveyed, parliament’s rules of procedure contain specific provisions on the matters to be covered by petitions. Eight countries, including Italy and Pakistan, limit the scope of petitions to public interests. Three countries, including Poland, the Republic of Korea and Uganda, allow petitions covering both private matters and issues of public interest.

Public-interest petitions may contain a request for legislative action (such as enactment or amendment of an act or decree), or for the establishment of administrative or economic procedures. They may also address matters of concern that require the attention of the government or a public response.?

Meanwhile, the legal frameworks of six countries, including Malaysia and New Zealand, explicitly exclude certain topics from the scope of eligible petitions. These frameworks do not allow petitions on matters that overlap with topics discussed in the past, matters that interfere with trials, matters related to State secrets, matters that conflict the rights of private persons, and matters for which remedies are available under the law.

Examples of laws/rules relating to the scope of petition topics

Egypt: Rules of procedure of the House of Representatives

Article 256 Any citizen may submit proposals to the House of Representatives for the amendment of laws, regulations or the development of administrative, financial or economic procedures or systems adopted by State organs, local governments, public sector agencies and enterprises, or others. Such proposals may not include provisions violating the Constitution or the law or falling outside the competence of the House, or expressions that are inappropriate or offensive to persons or organizations. Proposals that include such provisions or expressions shall be shelved.

Poland: Constitution of 1997 (with amendments through to 2009)

Article 63 Everyone shall have the right to submit petitions, proposals and complaints in the public interest, in his own interest or in the interests of another person – with his consent – to organs of public authority, as well as to organizations and social institutions in connection with the performance of their prescribed duties within the field of public administration. The procedures for considering petitions, proposals and complaints shall be specified by statute.?

New Zealand: Standing orders of the House of Representatives (2020)

372 Restrictions on petitions

(1) A petition will not be accepted if the subject matter of the petition is—

1. currently before a court or tribunal (including proceedings that are about to be commenced, are ongoing, or are awaiting adjudication), or where a statutory appeal right remains available to the petitioner:
2. suppressed by an order of any New Zealand court:
3. within the jurisdiction of the Ombudsmen, and the matter has not been finally determined by the Ombudsmen:
4. substantially the same as an earlier petition that has been reported to the House, or referred to a Minister for response under Standing Order 380, during the current term of Parliament.

(2) The Speaker, after consulting the Petitions Committee, may allow a petition to be accepted despite paragraph (1).

Petitions committees

Petitions submitted to parliament are referred to a committee for examination. Some parliaments have a specialized committee for this purpose, while others assign petitions to the relevant standing committee according to the topic in question.?

In 12 of the countries covered by this research, including Austria, Germany and Israel, the legal framework requires parliament to establish a petitions committee. In the 18 parliaments without such a dedicated committee, petitions appear to be considered by the committee responsible for the topic in question. In the Republic of Korea, petitions are reviewed by a subcommittee of the relevant standing committee (this subcommittee is permanent and has a basis in law).

In those parliaments with a dedicated petitions committee, petitions tend to be reviewed and processed more quickly and efficiently. Allowing petitions to be considered independently from other political issues, and establishing a dedicated committee for this purpose, also demonstrates parliament’s consideration for petitions. However, challenges can arise when the content of a petition under consideration by a petitions committee overlaps with another committee’s jurisdiction. In addition, a dedicated petitions committee may find it difficult to review petitions across all sectors in detail.

Examples of laws/rules relating to petitions committees

Germany: Basic Law for the Federal Republic of Germany

Article 45c [Petitions Committee] (1) The Bundestag shall appoint a Petitions Committee to deal with requests and complaints addressed to the Bundestag pursuant to Article 17. (2) The powers of the Committee to consider complaints shall be regulated by a federal law.

Australia: House of Representatives Standing and Sessional Orders

220 Standing Committee on Petitions (a) A Standing Committee on Petitions shall be appointed to receive and process petitions, and to inquire into and report to the House on any matter relating to petitions and the petitions system. (b) The committee shall consist of eight members: five government and three non-government members.

Republic of Korea: National Assembly Act Article 125 (Examination, Report, etc. concerning Petition) (1) The committee shall establish a sub-committee to examine the petition.

Time limits for consideration of petitions

The right to petition cannot be effectively exercised unless the petition submitted to parliament is reviewed promptly. Delivering a response within a reasonable period strengthens “feedback” to the public, allowing for greater engagement.

In some countries, the legal framework imposes a time limit within which parliament is required to officially respond to a petition. For example, in the Republic of Korea and Kenya, petitions must be processed within 90 days after referral (ROK: with one extension of a further 60 days possible). In Pakistan, the committee is required to report the results of its consideration to the Senate within 30 days, while in Poland, a time limit for consideration of petitions is stipulated in parliament’s rules of procedure.

Citizens are just as interested in how petitions are processed as they are in the outcomes. Setting a time limit is important because petitions must be reviewed transparently and promptly in compliance with appropriate procedures. It is nevertheless important to remember that many petitions demand legislative action, and that careful consideration may be required even in cases involving the rights and obligations of the majority of the people.?

Examples of laws/rules relating to time limits for consideration of petitions

Kenya: The National Assembly Standing Orders

Committal of Petitions 227. (1) Every Petition presented or reported pursuant to this Part, shall stand committed to the Public Petitions Committee. (2) Whenever a petition is committed to the Public Petitions Committee, the Committee shall, within ninety calendar days of committal, respond to the petitioner by way of a report addressed to the petitioner or petitioners and laid on the Table of the House. (2A) The Public Petitions Committee may recommend that a report on a petition be considered for debate in the House.???

????????????(3) The Clerk shall, within fifteen days of the decision of the House, in writing, notify the petitioner of the decision of the House on the petition.

Republic of Korea: National Assembly Act?

Article 125 (Examination, Report, etc. concerning Petition) […] (5) The committee shall report the results of examination to the Speaker within 90 days from the date on which a petition is referred to it.?Provided, that where the committee fails to complete the examination of the petition within the aforesaid period due to compelling reasons, the chairperson of the committee may make an interim report to the Speaker and request the Speaker to extend the examination period only once up to 60 days.

Response/feedback to petitioners

The committee that deliberated on the petition submits its results to the plenary session. In Germany, the Petitions Committee is obligated to report the outcomes of its deliberations to the Bundestag each month, and to submit an annual report. In other countries, the petition is transmitted to the executive branch, and the minister is required to answer within a given time frame (20 days in Pakistan, 45 days in Canada, 60 days in New Zealand, and 90 days in Australia). The National Diet of Japan sends the adopted petition to the Cabinet, and the Cabinet requires that the outcome of its processing be put forward in the form of an annual report to parliament.

In six countries, the legal framework requires that the petitioner be informed of the outcome of the consideration once the parliamentary review has been completed. In France, Germany, Kenya, Pakistan and the Republic of Korea, for instance, the petitioner must be notified of the outcome when the petition procedure is concluded. In the Islamic Republic of Iran, the legal framework stipulates that public-interest petitions be answered openly.

Examples of laws/rules relating to response/feedback to petitioners

Pakistan: Rules of Procedure and Conduct of Business in the Senate (2012)

277. Procedure for submission of Public Petitions.?

(2) Unless the Chairman directs otherwise, the following will be the procedure for processing and disposal of petitions:

[…]

(e) The petitioner concerned shall be informed of the action taken on his petition within three working days after completion of action thereon.

Carrying forward petitions to the next parliamentary term

Petitions that are presented near the end of a parliamentary term or that take a long time to review are typically discarded when parliament’s term of office expires. This is because it is difficult to secure continuity between the newly formed parliament and the old one. However, since a petition requires the consent of a particular number of citizens, if it is discarded because the term of office has expired, new consent must be gathered in order to resubmit the petition. This situation also raises concerns that the use of petitions may be limited in the months leading up to the end of the parliamentary term.

In Poland, parliament’s rules of procedure include a provision that allows petitions to be carried forward into the next parliamentary term if the consideration process has not been concluded before the end of the previous term.

Example of a rule relating to the carrying-forward of petitions to the next parliamentary term

Poland: The Standing Orders of the Sejm of the Republic of Poland?

Article 126g In the event that proceedings in relation to a petition have not been concluded before the end of the term of office of the Sejm, such proceedings shall be conducted by the Committee in the next term of office of the Sejm.

Additional laws/rules

In addition to general principles outlined above, each country’s laws and rules also contain specific provisions relating to petitions. In Germany, for instance, the rules of procedure of the Bundestag require the Petitions Committee to draw up and apply a set of principles governing the processing of petitions. Meanwhile, the rules of procedure of the Parliament of Uganda stipulate that if a bill impacts an individual’s rights or the property rights of a specific individual, association or organization, the interested party may submit a petition and their opinion must be heard.

Examples of additional laws/rules relating to petitions

Germany: The Legal Framework for the Work of the Petitions Committee

Rule 110 Rights of the Petitions Committee (1) The Petitions Committee shall draw up principles governing the treatment of requests and complaints and shall use them as the basis for its decision in each case.

Uganda: The Rules of Procedure of the Parliament of Uganda

142. Petitions by particular persons to be heard when a Bill affects their interest?

(1) Where individual rights or the property of any particular person, association or corporate body may be peculiarly affected by a Bill, a Petition from any party so interested may be presented to the House in accordance with rule 30 at any time before the Bill has been read a Second Time.

(2) If the Speaker is of the opinion that a Bill in respect of which a Petition has been lodged may have any object described in sub rule (1), he or she shall, immediately the Bill has been read a Second Time, direct that it be committed to a Select Committee.?

(3) Any Petition connected with the Bill which has been duly presented to the House shall stand referred to a Committee provided under sub rule (2) above, and any person on whose behalf the Petition was presented may be heard before the Committee either in person or by Counsel.

Conclusion?

Our research revealed a broad spectrum of eligibility criteria for petitioners, ranging from more inclusive approaches to strict citizenship requirements. We also explored the varying scopes of petition topics, finding that some countries prioritize public interests while others embrace both public and private concerns. The presence of dedicated petitions committees in parliamentary structures has emerged as a critical factor in enhancing the efficiency of petition processing. Notably, some countries have implemented binding time frames for consideration, thereby ensuring timely responses, and have recognized the importance of notifying petitioners about outcomes. We also identified measures to carry forward petitions to the subsequent parliamentary term, as well as additional petition-related provisions contained in some countries’ legal frameworks or parliamentary rules of procedure.

This comparative analysis underscores the rich tapestry of approaches adopted by countries worldwide to accommodate and respond to the voices of their citizens through petition systems, highlighting the significance of these mechanisms in modern governance and democracy.