Legislationline.org provides
direct access to international
norms and standards
relating to specific human
dimension issues, as well as
to domestic legislation and
other documents of relevance
to these issues. (OSCE/Piotr
Markowski)
23
The final aspect of ODIHR’s work in this field is its role
as a clearing house for legal information. This is accomplished mainly through the Office’s online legislative
database (www.legislationline.org).
Strengthening Capacity for Legislative Reform
When states deal with a legislative issue for the first
time, they sometimes lack the relevant expertise to
produce effective legislation. ODIHR can provide the
necessary expertise to bridge this gap by assessing
compliance with relevant standards, making recommendations to improve draft legislation, and sharing
good practices to help lawmakers explore other
options. This process is often followed by roundtable
consultations with legislators and civil society on draft
laws.
A good example of this from 2009 is ODIHR’s work
on Kazakhstan’s draft legislation on domestic violence,
which constituted part of a package of laws. Following a request from Kazakhstan’s Interior Ministry, ODIHR
reviewed the draft law, as well as other legislation dealing with the issue, including the Criminal Code, the
Criminal Procedure Code, the Civil Code and the Administrative Code. ODIHR then presented an opinion that
included a number of recommendations for improvements that were discussed first with lawmakers and
then during a roundtable with lawmakers and civil society in Astana in mid-2009.
Kazakhstan’s parliament later asked ODIHR to prepare a new opinion on a revised version of the draft law
on countering domestic violence, as well as on the draft
ODIHR Annual Report 2009
law on crime prevention. Both drafts were then discussed during a workshop in Astana in October, where
ODIHR, along with domestic and international experts,
presented good practices in the area of crime prevention and combating domestic violence. Both laws have
now been passed and, as in all cases, ODIHR will follow
up on its recommendations by assessing the extent to
which they are reflected in the adopted legislation.
In the second half of 2009, Ukraine’s Ministry of Family, Youth and Sports requested that ODIHR review the
draft law on combating trafficking in human beings.
The resulting opinion is one of a number issued by
ODIHR in this field over recent years in order to assist
national authorities in bringing their codes and laws
into line with international standards in this field.
Towards the end of 2009, upon a request from the
Armenian Justice Ministry, ODIHR prepared an opinion
on the draft law on public organizations. The opinion recommended further consultations with domestic
NGOs on the draft law and the enhancement of efforts
to harmonize its provisions with international standards.
ODIHR’s work in the area of legislative reform sometimes follows up on the Office’s election monitoring
activities. For example, ODIHR election observation missions often identify shortcomings, such as restrictions
on freedom of assembly or association, limitations on
the rights of political parties, or deficiencies in terms
of gender equality. Such cases highlight areas where
ODIHR’s legislative-review work can have an impact.
The opinions issued in 2009 are presented in the following chart:
Democratization
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