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. 43