Legislative processes: Country case studies

Dr. Michael McQuestion Dr. Cliff KamaraMs. Dana Silver

Sustainable Immunization Financing ProgramAnglophone African Peer review workshop

Nairobi, Kenya27 October 2015

Objective

• Document and discuss the formal processes through which these documents were produced, including which institutions participated and the steps that were followed in creating them

Overview• In any society, laws are an expression of current

social conditions • Legislation is inherently difficult because it places

claims on public resources or limits personal freedoms

• Some legislative projects were begun by governments, others by parliaments

• Some were advocated for by (non-state) stakeholders, others were created “behind closed doors”

Overview• In all successful cases, governments and

parliaments ultimately came together to pass the legislation

• More commonly, the institutions fail to come together, or there is political resistance and the legislative project is never completed – Most SIF countries have never passed any

original health legislation

Legislative strategies• When a particular legislative strategy is

blocked, another can be tried– Structural

• Shift from government-led to parliament-led• Abandon freestanding bill, insert provisions into a

larger bill• Degrade project from a law to an edict or decree• Shift from federal to sub-national jurisdictions

– Political• Inform, organize more stakeholders

Current project status

Immunization Legislation Processes in SIF Anglophone African Sub-Region (X.15)

Country Legislative Project

Phase I Phase II Phase III Phase IV Phase V Phase VI Phase VII

National Counterparts

Devise Legislative Strategy

Drafting Workshops/Expert

Consultations [#† of Both]Public Vets Bill

Government Submits Bill to

Parliament

Parliament Registers Bill

for Vote

Parliament Passes Bill

Immunization-

Related Provisions Implemen

ted

Kenya

Child Health Law Dec11-Feb12

Social Health Insurance Bill Feb12*-Sep13 1

National Immunisation Law Sep13-Sep14 2

General Bill on Health Sep 14*-Present 2 Vaccine Procurement Bill Oct14*-Present

Liberia National Immunisation Law Jun12Mar13-Jun13 ? Jun13 Jun13-Present

Nigeria National Health Law Dec13* ? ? Dec13-Dec14

Sierra Leone

National Immunisation Law Feb12-May15

Private Members' Immunisation Bill

May15-Aug15

Public Health Act Aug15*-Present

Uganda National Immunisation Law Sep11-Jun12 Feb12-Present 7 Apr14

† As reported to SIF HQ through internal monthly field reporting framework.* Denotes estimated date on which immunization-related content entered project.

LegendActive Project

Discontinued Project

Case study

• How and in which institution did the legislative project originate?

• Who were the original champions?• Who are the current champions?• What mechanism was used to launch the

legislative project?– Government-led or parliament-led– Type of legislation, legislative document

Case study

• Describe each stage of the project so far– Which stage was easiest? Why?– Which stage was most difficult? Why?

• Has the original draft bill been revised?– Describe the revision process

• What is the current status of the bill?– If pending, what is the likelihood it will be

passed by parliament by June 2016?

Thank you!