1.1
Improving lawmaking and
human rights-compliant
legislation
Legislation and lawmaking practices
across the OSCE repeatedly fall short of
international human rights standards and
OSCE commitments. ODIHR’s legal expertise
did not only assist participating States in meeting
their commitments and international obligations,
but also clearly revealed that the quality of the
legislation adopted is often a direct result of the
extent to which the process was open, inclusive,
and consultative.
Participating States frequently seek guidance
on ways of strengthening their legislation and
implementing better procedures for drafting and
passing laws. To meet these needs, ODIHR both
reviews individual pieces of legislation and issues
comprehensive law-making assessment reports
as part of its wider mandate to assist participating
States in implementing their human dimension
commitments, including those to ensure open
and inclusive processes in lawmaking.
In 2019, the Office published 19 legal reviews,
which led to improvements in draft or already
adopted legislation and resulted in more comprehensive engagement with stakeholders.
ODIHR also prepared a number of opinions for
Armenia in 2019, continuously engaging on the
issues of equality before the law and political
party legislation. Both pieces of legislation
are expected to be stronger and more human
rights-compliant following ODIHR’s support
and feedback.
10
DEMOCRACY AND HUMAN RIGHTS IN THE OSCE
The review of draft legislation on judicial
appointments in Georgia, followed by six months
of monitoring the appointment process itself,
led to extensive and well-informed discussions
on judicial reform, and sparked important public
debates on democratic issues in that country.
ODIHR’s legal reviews of amendments to political party legislation in Bulgaria and Mongolia
resulted in better legislation on party funding and
establishment practices and contributed to more
pluralistic political environments. In Bulgaria, an
agreement between the government and opposition improved the system of public financing as
recommended by ODIHR. Following the Office’s
advice, Mongolian lawmakers agreed to delay
proposed constitutional amendments so that the
issue could reconsidered.
Multi-angle engagement with stakeholders was
a key to successful legislative support in 2019.
Supporting lawmakers from the very beginning
of their discussions on changes to the legal
framework and offering continuous engagement
that ranged from reviewing existing legislation,
through indicating areas for improvement,
to examining the resulting draft laws, shows
concrete impact. For example, in Mongolia, a
member of ODIHR’s Core Group of Experts on
Political Parties’ visit in September led the Office
to offer multiple forms of legal analysis, some of
which were referred to in parliamentary debate
that led to the law’s reconsideration.