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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