civil society in support of human rights, which can help maximize the effectiveness of
such co-operation. It is important that there be a clearly identifiable governmental
actor that has a co-ordinating role in this process. This allows both defenders and
other governmental actors to know who to turn to, and it also ensures continuity and
consistency in terms of engagement. In Sweden, for example, the community of
human rights defenders is closely involved in the monitoring and follow-up of the
government’ s national action plan for human rights.196 Similarly, the government of
Azerbaijan involved NGOs in hearings in nine regions of the country on its national
action plan for human rights.197 It is also useful to ensure that civil-society actors and
local or regional governments interact in a systematic way, as is the goal of the
Turkish provincial human rights boards, in which governors and civil-society actors
co-operate.198
The UN special representative on human rights defenders noted in her report on her
visit to the former Yugoslav Republic of Macedonia that the government had adopted
a strategy for co-operation with civil society.199
Consultation with human rights defenders in the legislative process
Engaging human rights defenders in the legislative process is an effective way of
ensuring that their concerns are heard. This also allows defenders and other actors to
ensure that legislation is in line with OSCE and international human rights standards.
Some states have a standing practice of involving defenders in the general legislative
process. In Denmark, for example, the Danish Institute for Human Rights and relevant
NGOs are generally consulted when new legislation is drafted. Thus, they are given
an opportunity to comment on draft legislation, which is an important part of the lawmaking process.200 In Serbia, representatives of NGOs participate in public
discussions prior to the adoption of laws, other regulations, and political documents.
In some cases, NGOs themselves draft laws that are presented to parliament by
government representatives.201
Involving human rights defenders in the drafting of rules affecting them
Consulting human rights defenders in advance about planned rules, policies, or
practices that might affect their work is one way of ensuring that the regulation of
human rights NGOs does not become overly burdensome and actually facilitates their
196
Sweden’ s response to ODIHR’ s questionnaire, 9 June 2008.
Azerbaijan’ s response to ODIHR’ s questionnaire, 12 September 2008.
198
Information provided by the government of Turkey, 17 October 2008.
199
The strategy outlines action in seven areas: (a) upgrading of the legal framework for the
development of the civil society sector; (b) participation of the civil society sector in decision-making
processes, which includes the participation of civil-society organizations in drafting, implementing, and
monitoring public policies and national laws; (c) maintaining interinstitutional co-operation; (d)
maintaining intersector co-operation; (e) involvement of the civil society sector in the process of EU
integration; (f) provision of more favourable conditions for the civil society sector; and (g) continuous
development of the civil-society sector. The Unit for Co-operation with Non-governmental
Organizations within the government’ s general secretariat has primary responsibility for co-ordinating,
monitoring, and reporting on the implementation of the strategy. In the second year of implementation,
an assessment of how the strategy is being implemented was to have been conducted by means of a
broad consultation process. Country-visit reports by the special representative can be retrieved at
<http://www2.ohchr.org/english/issues/defenders/visits.htm>.
200
Denmark’ s response to ODIHR’ s questionnaire, 2 June 2008.
201
Serbia’ s response to ODIHR’ s questionnaire, 17 June 2008.
197
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