Democratization
Democracy is not just a system of modern political
governance, but also a process.
The Commemorative Declaration adopted by participating States at the Astana Summit in December reaffirms the
commitment to democracy that applies equally to all. And,
while progress has been made, participating States remain
at various stages of the process of democracy-building
and consolidation. ODIHR’s democratization work is aimed
at assisting participating States in meeting their commitments in this fundamental area. Programmes are
constructed to reflect the understanding that democracy is
a participatory process, requiring long-term commitment
and vigilance to ensure that a state of mediocrity and complacency does not persist where evident improvements can
and should continue to be made.
ODIHR’s democratization work is multi-faceted, with a
central focus on ensuring that participation in democracy
is not merely theoretical. ODIHR provides technical assistance to various players in the process of democratization,
either directly or with the support of OSCE field operations.
ODIHR’s democratization programmes underscore the fact
that democratic reform must involve not only the strengthening and empowering of state institutions but also men
and women in an equal manner, as well as of political
parties, non-governmental organizations, migrants and
other groups.
Main Issues
Rule of Law and Legal Reform
The commitment of the OSCE participating
States to the rule of law requires the creation
and maintenance of a framework of laws and
institutions that ensures this principle is implemented in practice. This framework should
prevent abuses and contain sufficient safeguards
to ensure the proper exercise and protection of
human rights. In this context, the rule of law
should not be reduced to mere legality, where
rules are created and enforced without regard
for human rights and democratic values. Such a
“rule by law” does not foster trust between the
state and society and will not result in the delivery of justice.
Legal reform is a regular process in any developing or thriving democracy, and is undertaken
by participating States for a plethora of important, although sometimes very different reasons,
including to ensure compliance of laws with
exisiting or new human rights standards or
committments, to address new challenges, to
find new solutions to old problems, or as part
of a regular process of monitoring already
adopted laws.
Whatever the subject matter and whatever the
reason for legal reform, lawmakers need access
to international experience, good practices,
standards and expertise, including the legal
opinions and commentaries offered by ODIHR.
These opinions and commentaries indicate the
degree to which draft legislation or legislation
already in place meets international standards
and new challenges faced.
Democratic Institutions and Practices for
Democratic Governance
Ensuring political pluralism, strengthening participation and increasing representation are
aims that cannot be achieved without looking at
the institutions and practices that shape democratic governance. In some parts of the OSCE
area, democratic institutions, such as political
parties and parliaments, need continued and
targeted strengthening and reform.
20
ODIHR Annual Report 2010
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents