Democratization: Legislative Support Case Study: Freedom of Assembly in Armenia Armenia’s development of new legislation on freedom of assembly provides a good example of how the ODIHR’s legislative support works in practice. on several counts with relevant OSCE and international standards and lacked “a strong presumption that demonstrations are a legitimate activity and indeed are an essential characteristic of a healthy democracy”. Legislative context Expert consultations Freedom of assembly is a fundamental human right with broad implications, encompassing all sorts of meetings and gatherings, including demonstrations and protests, and often overlapping with freedom of expression. When a government decides to draft legislation on this issue, legislators need to take a variety of issues into account, such as the potential for public disorder and the risk that demonstrations will become violent. In considering these risks, however, lawmakers must also keep the principle of proportionality in mind, meaning that any provisions that restrict this freedom or allow for discretionary powers must be carefully phrased in order to avoid possible circumvention of rights in the practical implementation of the law. Following the original assessment, the ODIHR conducted expert consultations with the Armenian authorities and civil society on the development of this legislation. In June, a roundtable gathering government officials, parliamentarians, NGO advocates, law professionals, high-ranking police officers, and representatives from municipal authorities took place at the initiative of the ODIHR, the OSCE Office in Yerevan, and the Venice Commission. Taking into account the views exchanged during the roundtable, legal opinions were prepared and shared with the Armenian authorities. Close attention was paid not only to the content of the law but also to the process by which it was drafted and adopted. The ODIHR’s view throughout the entire process was that a democratic approach to freedom of assembly should be developed and supported with the participation of a broad spectrum of Armenian society. Assessment The ODIHR first recommended that changes be made to Armenia’s legislation on freedom of assembly in 2003. Shortly thereafter, in March 2004, the Armenian parliament requested that the ODIHR and the Council of Europe’s Commission for Democracy through Law (Venice Commission) provide an assessment of Armenia’s draft law on gatherings, meetings, rallies, and demonstrations. That assessment suggested that many of the law’s provisions were ambiguous or restrictive. Of particular concern were clauses relating to spontaneous demonstrations and notification requirements, as well as a ban on holding demonstrations within a specified distance from a number of locations. The assessment also noted that the draft legislation was at variance Adoption of the law The positive response to this process by the Armenian stakeholders led to considerable amendments of the draft legislation. The law, as eventually promulgated in November 2005, improves the legal framework governing freedom of assembly in comparison with that provided by previous legislation. How this law is interpreted and implemented, however, will ultimately be the test of its effectiveness. As suggested by experts from the ODIHR and the Venice Commission, it is now important that the application of the law be properly monitored and that it be kept under review, in consultation with civil society representatives and other interested parties. ble discussions on draft legislation. In November 2005, at a public hearing convened by a parliamentary committee in Ukraine, the ODIHR was afforded an opportunity to present its views on draft amendments to the Criminal Code that criminalized trafficking in human beings and addressed other related matters. Prior to this event, the ODIHR worked consistently with the Ukrainian authorities and also issued a series of opinions regarding the proposed amendments. This was followed up by further consultations in the same vein. 48 Similarly, the ODIHR undertook a series of consultations at the beginning of 2005, based also on prior issued opinions, with Azerbaijan’s Justice Ministry with respect to the development of a law on fighting trafficking in human beings. II. Improving legislative efficiency and transparency A successful piece of legislation usually goes through a number of stages from conception to adoption. Schematically outlined, it begins with ANNUAL REPORT 2005