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

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