Democratization
adopted. In many cases, however, the structures
or procedures needed to produce effective legislation do not evolve in a commensurate manner.
Obstacles to good law-making emerge when a
new issue is being dealt with for the first time
and when expertise is not readily available. In
other cases, expertise is available, but the failure
to plan adequately results in a hasty process that
fails to include civil society.
Upon request, ODIHR lends assistance to
states to make up part of this capacity gap. This
primarily consists of providing legal expertise
to assess compliance with relevant standards,
making recommendations to improve draft legislation, and sharing good practices that may
help law drafters explore options other than
those originally considered. In terms of sharing good practices, ODIHR’s legislative database
(www.legislationline.org) is a widely used tool
for all those involved in legislative reform. When
providing assistance on specific laws, ODIHR
takes the opportunity to make recommendations on the legislative process itself.
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 May, for
example, ODIHR took part in roundtable discussions in Chisinau on the draft Law on Political Parties. These discussions were organized
within the framework of the Joint Project of the
Council of Europe and the European Commission against Corruption, Money Laundering and
Terrorist Financing in the Republic of Moldova.
ODIHR’s comments on that draft served as one
of the bases for the discussions. The roundtable
provided the drafters, stakeholders, and representatives of the international community,
including ODIHR, with an opportunity to present their views and comments and address any
contentious issues. A number of suggestions for
improvement of the draft law made by ODIHR
were eventually taken into consideration by the
authorities.
While ODIHR uses this approach in all OSCE
participating 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 included
closely following legislative developments in
the region, improving access to legal information, ensuring follow-up on ODIHR recommendations, and promoting local networks of legal
expertise. A legislative assistance co-ordinator for Central Asia was appointed to increase
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, 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 about 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.
In 2005, it became apparent that too little guidance was available to legislators and other stakeholders on modes for regulating the exercise of
freedom of peaceful assembly at the national
level. Simultaneously, a number of states were
in the process of developing or amending legislation on the subject. Therefore, ODIHR developed guidelines to serve as a reference document for drafting, reviewing, and monitoring
the implementation of legislation on freedom
of assembly that were published in 2007 in both
English and Russian. The panel of experts that
Annual Report 2007
37
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