Democratization
Dinara Oshurahunova (l), Chairperson of the NGO Coalition for Democracy and Civil Society, listens as Alexander Orehov of the
International Foundation for Electoral Systems (IFES) speaks at a roundtable discussion on the effective resolution of electoral disputes
in Kyrgyzstan, Bishkek, 29 May 2012. (UNDP Kyrgyz Election Support Project)
legislatures. Those who draft legislation must reflect these political
decisions in law and are sometimes
faced with new and complex legislative issues. They might even
lack the relevant expertise to complete the task adequately. ODIHR
supports legal-reform efforts
throughout the OSCE region by
reviewing draft and existing legislation, providing expertise to assess
compliance of draft or existing laws
with relevant international standards, making recommendations
for improvement, and sharing good
practices to help lawmakers explore
other options. This process is often
followed by consultations with legislators and civil society on draft or
existing legislation.
The legal opinions prepared by
ODIHR in 2012 were particularly
diverse in both their geographical
focus and subject matter, addressing, for instance, the calculation
of constitutional time limits in
Kazakhstan, the alternative civilian
service in Armenia, political party
legislation in Turkmenistan, restrictions on the disposal of property
with the aim of preventing terrorism in Serbia, freedom of religion
legislation in Kyrgyzstan and Azerbaijan, freedom of assembly laws in
Belarus and Poland and both gender equality and judicial disciplinary
proceedings in Moldova.
Ideally, ODIHR assistance is
sought by authorities in participating States through all stages of the
policy-development and drafting
process to assess the existing legislative framework, discuss options
and guide decisions on legislative
amendments. In 2012, the Ministry of Justice of Moldova used
ODIHR’s 2010 Assessment of the
Legislative Process in Moldova to
prepare a new draft Law on Normative Acts, which was then
submitted to ODIHR for review and
analysis. Upon completion of the
2012 opinion, ODIHR participated
in expert consultations on the draft
law, which will continue in 2013,
as the draft law progresses through
the various stages of the legislative
process.
In providing legislative assistance
to participating States, ODIHR continued to collaborate closely with
other OSCE institutions, such as
the OSCE Representative on the
Freedom of Media and the High
Commissioner on National Minorities, as well as other international
bodies, including the Council of
Europe’s Venice Commission, on
legislation pertaining to issues such
as freedom of assembly, freedom
of religion or belief, the judiciary,
political parties and national human
rights institutions.
Co-operation with ODIHR’s
Panel of Experts on Freedom
of Peaceful Assembly, the Core
Group of Experts on Political Parties and the Panel of Experts on
ODIHR Annual Report 2012
27
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