Chapter 7 — Programme Structure and Staffing Issues
they can be inspired by foreign practices, they must be acutely aware of the need to adapt their proposals and strategies to the domestic context. For national managers, examining the functioning of
other justice systems can provide fruitful ideas for the programme’s output.
Establishing close communication at the managerial level among different trial-monitoring programmes, especially in neighbouring countries, can be beneficial to the exchange of experiences
and ideas. Such bilateral or multilateral communication can also lead to monitoring trans-border
legal issues that emerge in a spirit of co-operation.
Although managers are not responsible for day-to-day monitoring, it is advisable for them to make
time to attend proceedings at a local court. They can thus gain valuable insight on the work of monitors and the challenges they may face, in addition to first-hand experience of how the judicial system functions.
7.2.2 Middle management responsibilities and staffing
Systemic trial-monitoring programmes generally require mid-level managers to connect the monitors, who channel raw information into the programme, with the manager, who has overall responsibility for the programme. This function is usually performed by legal analysts or legal advisers.
OSCE programmes have used the titles “legal analyst” or “legal adviser” for positions that are vested
with similar or identical duties, including the responsibility to manage monitors. 66 The term “legal
analyst” is used in this manual to refer to both legal analysts and legal advisers. Legal analysts fulfil the following main types of duties: analyzing case reports; drafting reports on the legal system;
guiding and co-ordinating monitors in their everyday work; providing advice to managers; and conducting advocacy activities.
Middle-management responsibilities
• reviewing case reports regularly and providing substantive feedback to monitors on observation of trials
and case reports;
• co-ordinating the work of monitors at the operational level, advising and guiding them in their work;
• synthesizing and summarizing case reports, including maintaining statistical data;
• conducting legal research on domestic and international law;
• drafting internal secondary reports;
• drafting public and other external reports;
• informing and advising management on the status of the legal system, on operational aspects of the
programme and on substantive legal issues;
• representing the programme and carrying out advocacy activities at the operational level, in consultation with management.
The division of labour between the manager and legal analyst posts ensures the capacity to fulfil all
programme functions and facilitates a sharing of other responsibilities, as needed. Except where the
programme is of a very small scale, one person will not be enough. In cases where there is doubt,
the need for continuity in trial-monitoring activities supports the practice of having a dual managerial structure.
66 Choosing to name the middle-management post “legal analyst” may indicate that the professional will be mainly involved in
legal analysis of reports by monitors, in compiling findings into reports for external distribution and in reviewing draft legislation. The OSCE Mission in Kosovo is an example where the title given to middle management of the monitoring programme is
“legal analyst”. The title “legal adviser” may imply that the professionals, in addition to analysis, also provide advice to supervisors on the functioning of the justice system and on advocacy. The Mission to Bosnia and Herzegovina uses the title “legal adviser” both at the field and head office levels.
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