Democratization: Legislative Support
In 2006, the ODIHR concluded its assessment
in Georgia, and contacts are now being made
with the Justice Ministry to determine how to
implement the recommendations contained in
the report. In Ukraine, after a first visit in 2005,
further steps were postponed pending the adoption of new legislation affecting parliamentary
procedures, on the one hand, and the hierarchy
of legal norms, on the other. (The ODIHR’s assistance has been requested with regard to the latter.) In Moldova, a first visit took place in May,
and an assessment is to be initiated in 2007 after
new amendments to parliamentary procedures
have been adopted. In Kyrgyzstan, following
a first visit in February that pointed to serious
shortcomings in parliamentary procedures, the
ODIHR has undertaken a comprehensive review
of several pieces of legislation regulating the lawmaking process. In the former Yugoslav Republic
of Macedonia, a first visit is planned for 2007.
III. Improving www.legislationline.org
Legislationline (www.legislationline.org) is a
free-of-charge online legislative database that
was created in 2002 to assist OSCE participating
States in bringing their legislation into line with
relevant international human rights standards.
The database was designed as a drafting tool for
lawmakers, not simply as an archive of domestic
or international legislation. Its purpose is to provide assistance to those who prepare and draft
laws at the working level. Through Legislationline, they can obtain examples and options from
other countries’ legislation that can help them
make their own choices. The activities involved
in maintaining the database not only benefit
lawmakers but also permit ODIHR experts to
observe patterns in legislative activity and identify good practices.
As a reference tool for a variety of users (primarily law-drafters, legal professionals, government officials, parliamentary staff, and legal specialists in international organizations), it is the
most comprehensive database on legislation
related to more than a dozen human dimension
issues such as human trafficking, elections, and
citizenship.
Assessment methodology
There are three main aspects to every assessment. First, an assessment should be comprehensive, covering the entirety of the process by which legislation is prepared, drafted, discussed, adopted, published,
communicated, and evaluated. Second, it should describe the system both on paper and in practice.
Finally, an assessment should be objective and sufficiently detailed to support credible recommendations for reform.
An assessment is a three-stage process. An initial on-site visit aims to ascertain the level of interest
or support on the part of the relevant state authorities and to gather preliminary data on the legislative
system, which is then followed by the preparation of a preliminary report giving a description of the key
features of the legislative system. A second visit is conducted to interview senior members of government, parliament, civil servants, legal professionals, and non-governmental organizations on the basis
of questionnaires sent in advance. The third and final stage involves the preparation of a report that provides an overview of the existing procedures and practices, an assessment of those procedures and practices, and recommendations for addressing any shortcomings identified.
An assessment is expected to act as a catalyst for reform. Whether it achieves this depends, of course,
on the response of national decision makers. If there is support for reform, then the ODIHR’s approach is
to insist that the reform process be home-grown, comprehensive, and properly integrated.
The website went through an overhaul in 2006, including the introduction of a new design and the addition of new elements such as a search
engine, all of the ODIHR’s legal assessments, and several new topics. In
addition, the entire site was translated into Russian.
Future Priorities
The ODIHR will continue its work on promoting legislative efficiency in
2007. This is a long-term endeavour that can only bear fruit if it is supported by strong political commitments. 2007 will be decisive in Georgia,
as the government has expressed strong interest in implementing the recommendations contained in the ODIHR’s assessment report.
Depending on whether certain preconditions are met, it is anticipated
that the first stage of the new methodology for conducting assessments of
the legislative process will be carried out in the former Yugoslav Republic of Macedonia, with planning under way for the subsequent stages in
Kazakhstan, Kyrgyzstan, Moldova, and Ukraine.
Legislationline will be maintained in both English and Russian. An
important focus for 2007 will be on the collection and posting of domestic
legislation and compiling international standards in Russian. The ODIHR
has already begun updating many of the topics on the site, and this will be
continued in 2007. Another priority will be to mobilize more expertise in
connection with the topics addressed on the site and to develop a new section devoted to law-making issues.
Throughout the last two years, the ODIHR conducted an evaluation of
its own legislative reviews in an attempt to improve its methodology and
design a strategy to improve the impact of its legislative-assistance work.
This process will continue in 2007.
Annual Report
51
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents