Democratization: Legislative Support
While the ODIHR uses this approach in all
OSCE states, special efforts have been made
within the framework of a joint programme with
the European Commission with regard to Central Asia, where the work of legislators is often
impeded by the scarcity of legal resources. The
programme’s priorities include closely following
legislative developments in the region, improving access to legal information, ensuring followup on ODIHR recommendations, and promoting local networks of legal expertise. A legislative assistance co-ordinator for Central Asia was
appointed to increase the ODIHR’s capacity in
these areas and to mobilize the relevant expertise to fulfil these objectives.
When addressing issues of relevance to lawmakers in a number of OSCE participating
States, the ODIHR may consider alternatives
to providing expertise on individual laws. One
option is to offer expertise through the drafting
of guidelines aimed at informing those responsible for drafting legislation of the development
and requirements of international law on the
topic considered. Guidelines may include examples of national legislation illustrating various
means of satisfying the requirements of international law.
The ODIHR began drafting guidelines on freedom of assembly in 2004 in response to the fact
that a number of states were taking more interest in the issue and were developing or amending legislation on this subject. The ODIHR further elaborated the guidelines in consultation
with the Venice Commission of the Council of
Europe, taking into account legal developments
observed across the OSCE region. In 2006, the
text of the guidelines was subject to broad consultations among law-drafters, politicians, legal
professionals, police officers, local officials,
trade unionists, and NGOs from various OSCE
regions. Four roundtables were organized in
Tbilisi, Belgrade, Almaty, and Warsaw, where
good practices were identified, as were specific
challenges and concerns faced in regulating and
handling public assemblies. The draft guidelines
were then finalized with the support of a panel
of nine ODIHR experts representing different
50
Annual Report
legal systems. To be published in 2007 in both
English and Russian, the guidelines will serve as
a reference document for drafting, reviewing,
and monitoring the implementation of legislation on freedom of assembly.
II. Improving legislative efficiency and
transparency
A successful piece of legislation usually goes
through a number of stages from conception to
adoption. Schematically outlined, it begins with
an analysis of the proposed policy, combined
with, or followed by, an assessment of the potential impact of the legislation (including its financial impact). A legislative agenda and timetables
are established to ensure that adequate time is
provided for the preparation of various legislative stages. The legislation is drafted in accordance with pre-established work plans and following standardized drafting techniques. Those
who will be affected by the legislation — interest
groups, NGOs, citizens — are given an opportunity to comment on the draft legislation. And
finally, the functioning and effectiveness of the
legislation are monitored and assessed on a regular basis.
While reviewing individual pieces of legislation, the ODIHR has found that some or all of
these stages are missing or not properly regulated or conducted in the legislative processes
of countries undergoing political transition or
conducting major legislative reforms, resulting in inefficient legislative processes that lack
transparency.
In response, the ODIHR developed a pilot
methodology that aims to make legislative processes more efficient, open, and transparent.
The point of departure is that any technicalassistance scheme needs to be preceded by an
assessment of the legislative process. The assessment phase specifically aims to ensure that any
assistance provided is based on actual needs and
to provide a basis for effective co-ordination
of the international community’s efforts. This
methodology was consolidated in 2006 on the
basis of experiences with the first such assessment conducted in Georgia in 2005.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents