Democratization: Legislative Support good practices, the ODIHR’s legislative database (www.legislationline.org) is a widely used tool for all those involved in legislative reform. The ODIHR provides direct assistance to lawmakers while the legislative process is under way. ODIHR experts work closely with local actors and make constructive recommendations that take into consideration the specifics of the domestic legal system. Assistance does not, however, end at the lawdrafting stage. Due attention is given to following up on recommendations both to clarify them for legislators and other relevant parties and, if necessary, to help incorporate them into the draft legislation under consideration. Such follow-up may take the form of conducting consultations with authorities and holding roundtable discussions on draft legislation. In June, for example, the UN, the OSCE, and Tajikistan’s Justice Ministry convened a roundtable in Dushanbe where the ODIHR was afforded an opportunity to present its views on a draft law on civil society organizations. The ODIHR suggested that the draft law lacked clarity with regard to its proposed typol- ogy of non-profit organizations and on the question of whether or not the right to informal association was protected. Furthermore, it did not provide for adequate safeguards such as the requirement for a court decision as a basis for prohibiting individuals from founding or joining an NGO on the grounds of their association with a terrorist group. The discussions at the roundtable proved useful in that they initiated a domestic process that eventually resulted in an appeal by the NGO community to the president of Tajikistan to veto the law. Similarly, in November, the ODIHR held consultations with government experts in Ukraine to incorporate ODIHR recommendations into a draft law on public assemblies, a hitherto uncharted area of law in that country. These discussions, which were also attended by members of civic organizations, proved fruitful in that all of the recommendations were reviewed in terms of their applicability to the local context, and the solutions eventually found were thus respectful of the specificities of the Ukrainian legal environment and political situation. Case Study: Law on Prevention of Domestic Violence in Ukraine Ukraine’s development of legislation on domestic violence provides a good example of how the ODIHR’s legislative support works in practice. Legislative context Prevention of domestic violence is considered a priority in ensuring gender equality and thus permitting the exercise of all human rights and freedoms by women in OSCE participating States. Respect for, and protection of, human rights are, in turn, essential to ensuring security in participating States. Prevention of domestic violence therefore requires a comprehensive approach, which includes preventative measures, such as awareness-raising and building of domestic capacity to deal with cases. It also requires the introduction of measures that would protect the victims of such violence and give them access to justice and compensation for harm suffered. It also involves ensuring effective prosecution and punishment of perpetrators of violence in order to protect victims from any further violations of their rights. When drafting legislation on this issue, authorities have to take into account a number of aspects related to domestic violence, as well as the various state and non-state actors that ought to be involved in prevention, protection, and prosecution. Legislation forms the basis for national machinery for preventing domestic violence, thus making it particularly important to ensure that all relevant actors are involved in the law-drafting process in order to ensure its effective implementation. Assessment In October, the ODIHR reviewed Ukraine’s Law on Prevention of Domestic Violence. In preparing the assessment, the ODIHR used information from both the authorities and civil society related to the functioning of, and gaps in, the then-current law. Expert consultations After issuing its assessment and recommendations, the ODIHR was invited to consult with the authorities and a range of non-governmental organizations in Ukraine to discuss recommendations and amendments. These consultations took the form of a roundtable in November that was organized by the Ministry of Health, Youth and Sport, with the support of the Office of the OSCE Project Co-ordinator in Ukraine. This provided another opportunity for the ODIHR to present its recommendations and to discuss them with the authorities and NGOs. At the end of the roundtable, the Ukrainian authorities drew up a list of recommendations that would be given consideration in amending the law, taking into account the ODIHR’s recommendations. In particular, the ODIHR wanted to ensure that a wellfunctioning national mechanism would be in place to ensure that the law was not only implemented, but also regularly reviewed by an interdisciplinary national body. The ODIHR will continue to follow the legislative process until the amended law is adopted. Annual Report  49

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