ANNUAL REPORT 2003
Democratization South-Eastern Europe
The ODIHR supported such an exchange between the Koso-
Programmes
var and Slovenian ombudsman institutions. The ODIHR also
conducted an expert analysis of the ombudsman institution
Activities conducted by the Unit on South-Eastern Europe in
in Croatia. This was followed up by a roundtable that was
2003 could be divided into the following areas:
organized by the OSCE Mission to Croatia.
Institution-building, democratization, and human rights;
The ODIHR and the OSCE missions in the region worked
Rule of law: prison reform and trial monitoring; and
with parliaments and civil society on the exchange of lessons
Regional co-ordination.
learned and best practices. For example, the ODIHR and the
Mission in Kosovo organized a regional civil society policy
conference in Pristina to discuss the role of civil society in
1. Institution-building,
democratization, and
human rights
human and economic development in the region.
2. Rule of law: prison reform
and trial monitoring
Democratic institutions, including ombudsman institutions,
parliaments, and non-governmental organizations, are all
part of the checks and balances of a democratic society, as
The ODIHR co-operated with the OSCE Mission to Croatia in
they provide important means of oversight of actions taken
2003 in providing training to judges that focused on the re-
by the executive. In the European context, an ombudsman is
lation between decisions of the European Court of Human
usually appointed by parliament to serve as a watchdog of
Rights and domestic legislation and court practice.
the government; its independence is guaranteed by law.
NGOs and other civil society actors are necessary for ensuring
Also in Croatia, the ODIHR financed and supported a pro-
transparency in legislative procedures and the protection of
gramme run by the Norwegian Refugee Council that provid-
human rights. And parliaments, of course, perform possibly
ed free legal representation for insolvent/indigent displaced
the most important function in terms of executive oversight.
persons, mostly living in Bosnia and Herzegovina and Serbia.
Without a properly functioning legal-aid programme in
Overall, more assistance is needed to further the develop-
Croatia, most people displaced by the wars of the last
ment of democratic institutions in the region and to make
decade have no means of fighting to regain their property.
democratization a self-sustaining process. For example, ombudsman institutions require political support and capacity-
Trial monitoring
building assistance at all levels. Parliaments and parliamentarians require further regional and international exposure,
In Montenegro, the ODIHR supported the training of trial
co-operation exchanges, and assistance with respect to ful-
monitors through a Montenegrin NGO called Trial Monitor-
filling their mandates and obligations.
ing Project. This NGO established a network of Montenegrin
law students to monitor trials because of low confidence in
In 2003, the ODIHR worked with OSCE missions in South-
the courts and a perception of inconsistency in court deci-
Eastern Europe and other partners on the development of
sions and a lack of transparency. The ODIHR also worked
the legal framework regulating ombudsman institutions,
with the OSCE Office in Montenegro to support a review of
while also providing training to staff working in such institu-
the draft legislation on the Criminal Code and the Criminal
tions. One of the key elements in the ODIHR's ombudsman
Procedural Code, as well as on a cost analysis of the imple-
programme was to increase regional co-operation through
mentation of the law on the witness-protection programme
the exchange of training, experiences, and best practices.
in Montenegro.
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