Dr. Md. Neyamul Islam
Law and policy-making is a complex and multidimensional process. It is not merely a bureaucratic function of ministries but an integral part of a nation’s overall development. Laws directly affect citizens’ daily lives, business and trade, education, healthcare, environment, and technology. Therefore, it is essential to include the voices of civil society, business representatives, academia, grassroots communities, and marginalised groups in the legislative process.
In Bangladesh, however, lawmaking remains predominantly ministry-centred and confined within parliamentary structures. Parliamentary committees rarely seek citizen or expert input. Large business associations and international development partners exert some influence, but small entrepreneurs, ordinary citizens, women, and marginalised communities are almost absent from the process. As a result, laws often become disconnected from reality, and implementation is weakened.
Global Practices of Participatory Lawmaking
Internationally, participatory lawmaking has become a recognised standard. According to the OECD, 97% of member countries have made stakeholder consultation mandatory in the legislative process. Around 82% hold regular public consultations, 47% allow at least 30 days for public comments on draft laws, and 85% use online consultation platforms. In nearly half of the countries, at least one ministry publishes draft laws for public review, while two-thirds of ministries operate structured participatory frameworks.
In the United States, the Administrative Procedure Act of 1946 mandates “Notice and Comment Rulemaking.” Draft regulations must be published in advance, allowing citizens, businesses, NGOs, and academic institutions to provide feedback—usually within 60 days. Congressional committees also organise public hearings. This ensures that laws reflect public interest, are transparent, and remain accountable.
Japan follows a “consensus-based policymaking” model. Each ministry has a Shingikai (advisory council) involving industry, academia, civil society, and citizens. Since the 1999 Public Comment Procedure, all draft policies are published online, and public opinion is mandatory. The emphasis is on building consensus rather than rushing legislation, ensuring long-term effectiveness.
Australia follows a structured approach where draft policies are first published as a Green Paper for discussion and later as a White Paper in Parliament. A Regulatory Impact Statement (RIS)—assessing economic, social, and environmental consequences—is compulsory before new laws are enacted. Parliamentary committees review bills, hold hearings, and publish drafts on a Consultation Hub where citizens can directly provide input.
Bangladesh: Gaps in the Lawmaking Process
The situation in Bangladesh paints a different picture. A Transparency International Bangladesh (TIB) “Parliament Watch” report shows that in the 11th Parliament, only 16.7% of total time was spent on lawmaking. In the first five sessions of 2019, 16 bills (excluding the budget) were passed, each taking an average of just 32 minutes. Alarmingly, less than 4% of Members of Parliament (MPs) participated in bill discussions. In the first four sessions, only 14 out of 350 MPs engaged in legislative debates, reducing parliamentary deliberations to a mere formality.
Moreover, while large business associations like FBCCI and BGMEA and development partners influence policies to some extent, the voices of small businesses, farmers, women, marginalized groups, and ordinary citizens remain excluded. Academic institutions and think tanks are rarely consulted. Bangladesh lacks a national digital consultation portal, no Regulatory Impact Assessments (RIAs) are conducted before passing laws, and grassroots consultation is minimal. Consequently, many laws remain disconnected from ground realities.
The Way Forward
Bangladesh urgently needs reforms to make lawmaking more participatory:
- Enact a Public Consultation Act mandating the publication of draft laws and collection of citizen feedback.
- Establish policymaking boards under each ministry with representatives from businesses, academia, civil society, and ordinary citizens.
- Launch a National Online Consultation Portal to ensure open participation.
- Make parliamentary hearings and expert consultations mandatory for all bills.
- Introduce Regulatory Impact Assessments (RIA) to evaluate economic, social, and environmental implications before passing laws.
- Organize local-level consultation meetings and engage universities and research institutes in the process.
- Publish summaries of public feedback along with government responses to enhance transparency.
Conclusion
Democracy is not limited to casting votes; it is strengthened through active citizen participation. Participatory lawmaking builds public trust, enhances the effectiveness of laws, and makes development sustainable. While OECD countries have institutionalized public consultation, in Bangladesh fewer than 4% of MPs engage in legislative debates. In 2023 alone, 66 laws were passed, but most bypassed public opinion, resulting in weak acceptance and limited impact.
Therefore, ensuring participatory lawmaking in Bangladesh is no longer a choice but a necessity. It will make laws more transparent, widely accepted, and effective, while strengthening democratic governance and ensuring sustainable development.
(The opinions expressed are strictly personal)
The writer is an international trade law and governance expert
