Democratization
In 2008, the ODIHR Expert Panel on Freedom of Assembly focused its work on the implementation of the 2007 ODIHR Guidelines on
Freedom of Peaceful Assembly. The opinions
drafted by the Panel on amendments to legislation on freedom of assembly in Armenia and
Kyrgyzstan refer systematically to guidelines
endorsed in June by the Venice Commission,
which issued the opinions jointly with ODIHR.
The example of Armenia illustrates the impact
generated by this partnership approach, as
most of the concerns raised by ODIHR and the
Venice Commission in this case were eventually addressed in the revised law. In Azerbaijan,
given the importance of proper implementation
of a new law that came into force in May, the
Panel was asked by the OSCE Office in Baku to
develop implementation guidelines that could
serve as a working basis for further domestic
initiatives aimed at facilitating implementation. Drafted within the framework of ODIHR
co-operation with the Venice Commission, the
implementation guidelines were released a few
weeks before the presidential elections and, in
line with the recommendation contained in the
ODIHR Election Observation Report, followup measures are now under consideration.
Assistance with legislation does not end
with the drafting stage. Due attention is given
to following up on recommendations, both to
In 2008, the following opinions (referred to as such when based on an official request), comments (when requested by an OSCE field
operation) and other reviews were released. The list does not include reviews of election-related legislation, which were listed
previously in the elections section.
Albania
• Comments on the Draft Law of Albania on the Civil Society Development Fund (19 November)
Armenia
• Opinion Concerning the Implementation of ECHR Article 5(1)(e) in Domestic Law (18 February);
• Joint OSCE, ODIHR and OSCE Representative on Freedom of the Media Opinion on the Draft Law
on Information, Information Technologies and the Protection of Information (6 May);
• Three consecutive Joint ODIHR and Venice Commission Opinions on Amendments to the Law on
Conducting Meetings, Assemblies, Rallies and Demonstrations (18 March, 16 May and 9 June).
Azerbaijan
• Guidelines on the Implementation of the Law on Freedom of Assembly (4 September).
Former Yugoslav
Republic of Macedonia
• Comments on the Draft Anti-Discrimination Law (12 March).
Kazakhstan
• Opinion on the Draft Law on Equal Rights and Opportunities of Women and Men (18 June).
Kyrgyzstan
• OSCE/ODIHR and Venice Commission Joint Opinion on the Amendments to the Law on the Right
of Citizens to Assemble Peaceably, without Weapons, to Freely Hold Rallies and Demonstrations
(26 June).
Moldova
• Comments on the Draft Law on Preventing and Combating Discrimination (11 September).
Turkmenistan
• Comments on Constitutional Reform Proposals submitted on 22 May 2008 by the Constitutional
Commission on Improvement of the Constitution (23 June).
Uzbekistan
• Summary of Good Practice with Regard to the Representation of Parties in Criminal, Civil and
Commercial Proceedings in OSCE Participating States (11 July).
The following comments have been prepared upon official requests by the ODIHR Advisory Council on
Freedom of Religion or Belief (see section on Tolerance and Non-Discrimination):
Kazakhstan
• Comments to “On Amendments and Additions to some legislative Acts on issues of Religious
Freedom and Religious Organizations” (10 June);
• Additional comments to “On Amendments and Additions to some Legislative Acts on Issues of
Religious Freedom and Religious Organizations” (30 September).
Kyrgyzstan
• Comments on the Draft Law “On Freedom of Conscience and Religious Organizations in the
Kyrgyz Republic” (7 October).
Tajikistan
• Comments on the Draft Law “On Freedom of Conscience and Religious Associations”
(19 December).
Annual Report 2008
27
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