work, instead of hindering it. Defenders can use such consultations to point out areas
of new bureaucratic procedures, for example, that might cause particular difficulties
for their work. At the same time, it is important to remember that a lack of
commentary from defenders does not necessarily mean they agree with every aspect
of proposed legislation. It may therefore be useful to ensure that there is a regular
process for consulting with defenders, in addition to having an open legislative
process in general.
One example is the Polish system for involving NGOs in the regulation of their own
sector, whereby NGOs and other entities are consulted on draft legislation in areas
relating to their activities.202
In another example, the OSCE Mission to Montenegro undertook an assistance
project aimed at developing Montenegro’ s legal-aid system. As part of the project, the
justice minister formed a working group of NGO representatives.203
Involving human rights defenders in the drafting of periodic reports to
international bodies
Defenders can also be involved at the national level in the drafting of periodic reports
to UN treaty-monitoring bodies. This kind of involvement often brings together
governments and NGOs, allowing dialogue on substantive issues and creating
contacts between government officials and defenders.
In Serbia, for example, defenders and human rights NGOs are included by the State
Agency for Human and Minority Rights in the consultation process regarding the
drafting of Council of Europe reports and periodic reports to UN treaty-monitoring
bodies. Defenders are included as relevant partners based on their recognized field of
expertise.204
A noteworthy development in this area is the Universal Periodic Review (UPR)
process within the UN Human Rights Council. In some cases, countries involve
NGOs in the preparation of UPR reports, which contributes to the quality and depth of
the reports, and allows the government to present not only its achievements but also a
self-critical and balanced report on the human rights situation in the country.
Switzerland: Example of Involving Human rights defenders in the Drafting of
Periodic Reports to International Bodies205
The Federal Department of Foreign Affairs consults NGOs about important
international and national decisions, and the position of NGOs can be included in
messages for bilateral meetings.
202
Poland’ s response to ODIHR’ s questionnaire, 2 June 2008.
Information provided by the OSCE Mission to Montenegro, 14 May 2008.
204
Information provided by the OSCE Mission to Serbia, 23 May 2008. Similarly, Azerbaijan’ s
commissioner for human rights organized a roundtable discussion with a government delegation and
NGOs in 2007 to discuss the recommendations of the Committee on the Elimination of Discrimination
against Women in respect of Azerbaijan. Information provided by Azerbaijan’ s commissioner for
human rights, 9 October 2008.
205
Switzerland’ s response to ODIHR’ s questionnaire, 23 May 2008.
203
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