Democratization • 15
ACTIVITIES
ODIHR’s democratization activities can
be divided into three basic areas:
• Rule of law and legal reform;
• Democratic governance and
gender; and
• Migration and freedom of
movement.
RULE OF LAW AND LEGAL
REFORM
Justice systems in all participating
States can benefit from assistance in
improving their laws, democratic lawmaking procedures and performance
to ensure respect for relevant international standards and OSCE commitments on rule of law and human
rights. Many of the participating States
where ODIHR works are undergoing
legal reforms, which raise a variety of
rule of law related issues and require
changes to national legal frameworks.
This is all the more true for countries
in transition that experience low levels
of trust in the judiciary, coupled with
a widespread sense of inequality in
the application of the law and a lack of
transparency of court proceedings.
Independence of the Judiciary
Within its efforts to assist participating States to strengthen judicial independence and accountability, ODIHR
joined the OSCE Mission to Serbia in
December 2015 to monitor elections
for the State Prosecutorial Council and
High Judicial Council of Serbia, the
self-administration bodies responsible
for nominating, disciplining, training
and promoting judges and prosecutors. The Mission and ODIHR chose
to follow these elections in light of
their importance for further consolidation of judicial reform in Serbia and
in response to ongoing challenges
encountered by the councils. A final
report will be prepared during the first
quarter of 2016 with findings and recommendations to help inform ongoing
judicial reform efforts in the country.
Trial Monitoring
OSCE participating States have
acknowledged the importance of trial
monitoring as a tool to ensure greater transparency in the implementation of OSCE commitments, and
have agreed to allow the presence of
monitors in courts as a measure to
build confidence.
On 12 November, ODIHR published a
legal opinion on draft legislation pertaining to the independence of the
judiciary, focusing on the performance
evaluation of judges in Ukraine, as a
continuation of its legislative support to the country’s ongoing judicial
reform efforts. During a follow-up
event in Kyiv, where ODIHR presented
the opinion’s main recommendations,
the stakeholders informed the Office
that they will consider these suggestions when revising the respective
assessment procedures.
In fulfilling its role as the depository of
the OSCE’s trial-monitoring work and
methodology, ODIHR supported the
OSCE Mission to Serbia with the organization of a trial-monitoring training
event for civil society representatives
and Mission staff. Sensitive topics in
relation to the trial-monitoring methodology were discussed, such as how to
reconcile the need for conducting advocacy with the principle of non-
intervention in the judicial process.
Responding to the high interest among
Ukrainian civil society representatives
to improve their skills and knowledge
Natalia Sevostyanova (c), Deputy Minister of Justice of Ukraine with
Viktor Taran (l) Director of Center for Political Studies and Analysis and
Yuriy Kliuchkovskyi (r), Former MP and the Director of Election Law
Institute, at political party regulation reform workshop, co-organized
by OSCE/ODIHR, in Kyiv, Ukraine, 14 July 2015. (OSCE/Olexandr
Kovalenko)
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