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Trial Monitoring: A Reference Manual for Practitioners
Comparative overview of OSCE experience with staff and project-model programmes
Organizational issue
Overview of OSCE experience
Access to courts and
case information
• Staff model programmes provide better standing to overcome access barriers, as monitors operate as members of an international organization.
• Staff models face no particular challenges in sharing information among
colleagues, as they are all subject to the same obligation of confidentiality.
• Project models may face more obstacles in obtaining access, but can improve this access over time using strategies applicable to both staff and
project models.36
• Project models that engage outside partners to any degree may encounter
obstacles to sharing classified or other sensitive information.
Coverage capacity:
geographic spread and
number of cases
• Both models are capable of staffing and supervising geographically dispersed monitors to provide coverage of regional courts. However, this may
pose a difficulty for project models relying on NGOs if these organizations
are tied to a specific location or area.
• Both models provide an organizational platform that allows monitors to attend and report on three or four hearings a week and to monitor cases as
needed.37
Administrative and
logistical issues
• The staff model enables programmes to benefit from a field operation’s administrative and other support structures, including field offices, transportation and computers; this model allows for longer employment of staff and
may also confer certain privileges and status of a diplomatic nature to monitoring personnel.
• Project-model programmes place additional administrative responsibilities
upon programmes, including the obligation to recruit staff and administer
contract payments in the absence of field-operation structures.
Management issues
• The Staff model has the advantage of using the existing management structure of a field operation to supervise monitors.
• Staff in project-model programmes can be effectively managed and held
accountable through contractual obligations requiring adherence to a code
of conduct, specific guidelines and other obligations38. Management may
not take the same form where monitoring is conducted by domestic organizations that are more loosely connected to the OSCE. Moreover, in partnership arrangements the decision-making process may prove to be more
complicated.
Language and related
staffing issues
• Staff model programmes are subject to the hiring and reporting requirements of the organization, often requiring fluency in English or other official
languages of the organization. This may limit the pool of qualified national
candidates.
• Project models are usually conducted in the local language(s), given that
they utilize and aim to train national lawyers. Supervision of project operations by the organization requires a lawyer fluent in English and the local
language(s) to perform reporting and engage in other programme functions.
Partnerships with other
organizations
• Staff model programmes are often self-sufficient. However, they create no
barriers to partnership and there have been examples of the hybrid model
functioning in partnership, e.g., in Croatia.
• Project-model programmes generally partner extensively with other local organizations and experts on operational matters, such as hiring, training, the
drafting of manuals and report writing.
38 Ibid.
37 See Chapter 7, “Programme structure and staffing issues”.
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