Democratization
access to employment and education, and participation in electoral processes. This information can be made available by modernizing
existing, or developing new, population registration systems that do not restrict people’s freedom of movement.
kk Insufficient exposure to international legislative
standards: Governments and lawmakers in the
OSCE region are not always fully aware of the
consequences for the national legal system of the
treaties, conventions, and other international
instruments that they have ratified. Experience has shown that international human rights
norms are not always properly interpreted or are
insufficiently reflected in domestic legislation.
This applies in particular to narrowly defined
limitation clauses in human rights treaties.
kk Inefficient and non-transparent legislative processes: In many countries, there is insufficient
awareness of the need to manage the legislative
process in its entirety, as opposed to relying on
fragmented rules and inadequately co-ordinated
procedures. Often, laws are adopted without
the involvement of those who will eventually be
affected by the legislation. Or a law will be hastily adopted without first being evaluated at the
drafting stage. More often than not, the result is
ineffective legislation that fails to fulfil the purpose for which it was adopted and that, furthermore, necessitates frequent revisions that could
put public confidence at risk.
Activities
In assisting participating States with institutionbuilding, ODIHR’s aim is to help governments
become more responsive, responsible, and representative. It does this through programmes in
the following five areas:
kk Rule of law;
kk Civil society and democratic governance;
kk Gender equality;
kk Migration/freedom of movement; and
kk Legislative support.
22
Annual Report 2007
ODIHR organized a Human Dimension Seminar on “Effective Participation and Representation in Democratic Societies” in 2007. In addition, ODIHR followed up on its 2006 report
Common Responsibility: Commitments and
Implementation by contributing to the discussions at the Human Dimension Implementation
Meeting on the newly introduced topic of separation of powers, a key to strengthening democratic governance.
I. Rule of law
Commitment to the rule of law encompasses
not only adherence to existing legislation, but
also fostering and maintaining institutions that
ensure democratic law-making, protection of
human rights, and proper administration of
justice. ODIHR puts a special emphasis on
strengthening that institutional framework.
ODIHR’s activities may be grouped into three
clusters: (1) supplying policy makers with the
information and tools they need for reform and
to ensure better implementation of OSCE commitments; (2) working with legal communities
and other stakeholders to enhance their role in
strengthening the rule of law; and (3) co-operating with OSCE field operations, international
organizations, and other actors that promote
the rule of law by sharing strategies, methodologies, and experiences.
Trial-monitoring
Trial-monitoring has been conducted by
ODIHR and many of the OSCE’s field operations. It is an important tool for collecting data
on the functioning of the judicial system and
on implementation of fair-trial standards. The
findings gained through standardized, objective procedures provide information on shortcomings and needs, and help to identify priorities for policy makers and assistance-providers.
Recommendations aim to improve the quality
of administration of justice. Trial-monitoring is
also an effective tool for observing the right to a
fair trial in individual cases.
OSCE field operations, especially those
in South-Eastern Europe, have a wealth of
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