Democratization
Legislative Support
Legislative support is an indispensable component of any approach to assisting OSCE participating States in the implementation of their
human dimension commitments. This has
been an integral part of ODIHR’s work from the
outset. In 2004, ODIHR upgraded its capacity
to respond to requests for assistance from lawmakers in OSCE participating States by establishing a pool of in-house experts to review draft
legislation issues relating to human dimension
commitments. These experts were tasked specifically with providing advice during the drafting of legislation to ensure that human dimension commitments and other relevant international standards are properly reflected. The
advice includes sharing experiences and practices from other participating States that have
dealt with similar issues.
Addressing the weaknesses of legislation on
an individual basis, law-by-law, has highlighted
the need to address the common underlying
causes of these shortcomings. ODIHR now also
offers assistance to participating States in the
development of effective, open and transparent
legislative processes. This legislative support is
comprised of two integrated components: legislative reform capacity, by offering advice on
individual laws; and improving legislative efficiency and transparency, by making recommendations for reforms to the system for drafting
legislation. Over the past three years, ODIHR’s
responses to requests from OSCE participating
States have combined advice on individual laws
with assistance on issues of process.
Strengthening capacity for legislative reform
In 2008, legislative reform continued to rate
high on domestic agendas throughout the
OSCE region. Whether as the result of commitments to meet international standards or as a
reaction to emerging domestic or international
issues and challenges, existing laws are continually being reassessed, reviewed and revised.
New laws are also being drafted. Where a new
issue is being dealt with, however, and expertise is not readily available, the capacity to
26
Annual Report 2008
produce effective legislation is limited. Upon
request, ODIHR lends assistance to participating States to bridge this capacity gap. This primarily consists of providing legal expertise over
the course of the legislative process to assess
compliance with relevant standards, making
recommendations for improving draft legislation, and sharing good practices to help those
drawing up laws explore options not originally
considered. ODIHR’s opinion on proposals for
reforming Turkmenistan’s Constitution, prepared at the request of the Turkmen authorities
and released on 23 June, included references
to strategies used in other OSCE participating
States for undertaking a systematic review of
their constitutions. In ODIHR’s comments on
an Albanian draft law setting up a fund for the
development of civil society, fund mechanisms
for civil society initiatives in Italy and Hungary
are highlighted as possible sources of ideas for
the Albanian lawmakers.
Another example was a request in January from Armenia’s Ministry of Justice for an
ODIHR opinion outlining the legal frameworks in place in a number of OSCE participating States on issues relating to compulsory
detention on the grounds of mental illness, substance abuse and vagrancy, or to prevent infectious diseases. The www.legislationline.org legislative database is instrumental in providing
examples of this kind and making them widely
accessible. The database, which also provides
access to all ODIHR opinions and comments,
as well as all of the Office’s legislative guidelines, is continuously updated, and its Russian
interface was considerably expanded over the
course of 2008.
When legislators from multiple participating States need guidance on a particular issue,
ODIHR often develops consolidated assistance
materials in the form of guidelines. While not
establishing new norms, these publications elucidate parameters for implementation consistent with OSCE commitments and other relevant international standards, taking advantage
of good practices observed across the OSCE
region.
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