In 2004, the ODIHR provided assistance that was re- The ODIHR was also involved in the drafting of a Euro- lated mainly to substantive and procedural criminal- pean convention on action against trafficking in human law issues: criminalization of human trafficking and beings. Its recommendations were considered in the related issues, such as victim protection, compensa- drafting stage and incorporated into the final draft. tion, and witness protection; juvenile justice; terrorism; and police-related matters. The Office also received requests to review certain legislation related to A case study in legislative assistance: Moldova’s draft law on prevention and combating of trafficking in persons civil rights, such as the right to hold public assemblies (Armenia) and the right of disabled people to marry and to start a family (Albania). Beyond reviews of specific pieces of legislation, the ODIHR has also been as- Following a request from the Moldovan Govern- sisting OSCE field operations on issues of constitu- ment, the ODIHR made preliminary recommen- tional reform in Georgia and Armenia, which will dations on the draft law on prevention and com- continue in 2005. bating of trafficking in persons, which were submitted to the government and distributed to other international organizations operating in Moldova. Once the government reviewed the Legislation reviewed in 2004 recommendations, it requested further assistance
Draft amendments to legislation concerning in the form of an ODIHR expert who worked to- juvenile justice (Albania); gether with two national experts and a represen-
Draft amendments to the Family Code (Albania); tative of the Justice Ministry. This team consoli-
Draft law on rallies and demonstrations dated the recommendations and produced a (Armenia); second draft of the law. Following further revi-
Amendments to the draft law on rallies and sions by Moldova’s minister of justice, a new draft demonstrations (Armenia); law was subjected to a joint review by the
Draft amendments to the Constitution (Armenia); ODIHR, the OSCE Mission in Moldova, and the
Draft Amendments to the Code of Criminal Council of Europe. This law is expected to be Procedure concerning witness protection (Armenia); adopted in the spring of 2005.
Draft anti-trafficking law (Azerbaijan);
Draft amendments to the Constitution (Georgia);
Draft provisions of the Criminal Code related to In cases where a legislative trend is discernable among human trafficking (former Yugoslav Republic of several countries, the ODIHR may consider the devel- Macedonia); opment of legislative guidelines. In response to legisla-
Draft laws on measures against extremism tive reforms under way in Armenia, Kyrgyzstan, and (Kazakhstan); Russia in the area of freedom of assembly, the ODIHR
Draft law on prevention and combating of traf- drafted a set of legislative guidelines on this subject in ficking in persons (Moldova); 2004. To be finalized in the first trimester of 2005,
New draft law on prevention and combating of trafficking in persons (Moldova); these guidelines are intended to set out what is gener-
Anti-terrorism law (Turkmenistan); ally accepted as good practice in legislating on this sub-
Police-related legislation (Kazakhstan); and ject. They also serve to assess whether a given legal sys-
Draft police-related acts (Republic of Serbia). tem has the necessary provisions to uphold the core principles governing the subject. 48