DEMOCRATIZATION
Ambassador Andrey
Sorokin (l), Head of the
OSCE Office in Yerevan,
Hovhannes Manukyan
(c-l), Armenian Minister
of Justice, Hovhannes
Sahakyan (c-r), Chairman of
the Standing Committee on
State and Legal Affairs of the
Armenian National Assembly,
Nathalie Tagwerker (r),
Deputy Head of the ODIHR
Democratization Department
presenting the assessment
report on legislative
procedure in Yerevan,
Armenia, 30 October.
Photolure
Strengthening Capacity for Legislative Reform
ODIHR reviews state legislation in the human dimension upon request and provides opinions
and comments with recommendations aimed at
bringing individual laws or draft laws in line with
international human rights standards and OSCE
commitments.
In 2014, ODIHR published 19 legal reviews for 11
OSCE participating States. The legal reviews focused
on a variety of issues, such as freedom of religion
or belief, criminal procedure codes, independence
of the judiciary, combating violence against women and domestic violence, political party regulation,
housing rights and torture, as well as new subject
areas such as police reform, anti-corruption laws,
and combating cybercrime. In 2014 the main geographical focus of ODIHR’s legislative assistance
was on Western and Eastern Europe, with legislative reviews conducted for Austria, Latvia, Malta,
Slovakia and Ukraine.
ODIHR collaborates closely with other OSCE institutions and international or regional organizations,
such as the Council of Europe’s Venice Commission, in providing legislative assistance. Four joint
opinions on draft laws pertaining to the judiciary
and to political parties were conducted in co-operation with the Venice Commission. ODIHR also
participated in two assessment missions organized
by the Venice Commission to provide background
for the drafting of two joint opinions on draft laws
on the disciplinary liability of judges in Moldova on
11 and 12 February in Chisinau, and on 20 May in
Bishkek, respectively.
ODIHR also organized and participated in a number
of follow-up events to discuss its legal opinions and
recommendations with key stakeholders in OSCE
participating States: on 24 June in Tashkent, relating
to the definition of torture under the Criminal Code;
on 27 June in Chisinau, relating to the evaluation of
judges; and on 24 November in Podgorica, relating
to violence against women, domestic violence and
compensation for crime victims. During these follow-up meetings, state counterparts committed to
incorporate ODIHR’s recommendations in ongoing
and upcoming legal reform processes.
As a result of the Office’s legislative assistance, draft
and existing legislation was amended or is in the
process of being amended to reflect ODIHR’s recommendations. For instance, following two ODIHR
opinions produced in 2013 on the anti-discrimination legal framework of Montenegro, a new Law
on Prohibition of Discrimination was adopted in
2014 that incorporates the majority of ODIHR’s
recommendations, particularly those regarding
the definition of harassment and discrimination
and on the structure of the law. In Ukraine draft
anti-corruption laws were revised to reflect key
recommendations made by ODIHR in earlier legal
opinions. Also, the Parliament of Montenegro informed ODIHR that many of the recommendations
the Office made on the legal framework for preventing and combating violence against women and
ODIHR Annual Report 2014
29
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