Judge Patrick Robinson,
President of the International
Criminal Tribunal for the
former Yugoslavia, gives
the keynote speech at the
Human Dimension Seminar
on Strengthening the Rule of
Law, Warsaw, 12 May.
(OSCE/Piotr Markowski)
22
in guaranteeing the right to a fair trial, an issue that
received a great deal of attention in the early 1990s in
the wake of the transition of many countries to democratic systems. In the intervening years, reforms were
undertaken across the OSCE region. ODIHR, in co-operation with the Heidelberg-based Max Planck Institute,
has been studying these reforms in order to develop an
analysis of needs as the basis for a new generation of
ODIHR programmes addressing this issue.
Effective Administration of Justice
and Legal Remedies
In 2009, ODIHR began developing its capacity to provide assistance to participating States with respect to
the judicial resolution of election-related disputes. A
review of the ODIHR manual Resolving Election Disputes
in the OSCE Area (2000) is under way and will lead to the
design of a rule of law programme to support judiciaries
in resolving electoral disputes.
Also, the 2009 Human Dimension Seminar, which
was dedicated to strengthening the rule of law in the
OSCE area, with a special focus on the effective administration of justice, stressed that governments should
concentrate on the core function of administrative justice — the protection of individuals against potential
abuses by administrations through the provision of
effective remedies.
Democratization
Legislative Support
ODIHR’s comprehensive approach to legislative reform
has four main aspects.
The first involves the review of individual pieces of
draft legislation, usually during the course of political
dialogue with the authorities of the relevant participating State. Whether performed by ODIHR’s in-house
staff or by domestic or international experts, the purpose of these reviews is to provide prompt advice while
legislation is being drafted, in order to strengthen local
capacity for reform. This often involves the sharing of
experiences and practices from other OSCE states that
have dealt with similar issues.
The second aspect is a direct result of ODIHR’s years
of experience with legislative reviews. In looking closely
at individual laws, it became clear that many legislative shortcomings had common underlying causes. To
address these shortcomings in a systematic manner —
ODIHR offers recommendations on how to improve the
law-making system to make it more efficient and more
transparent.
The third aspect of ODIHR’s legislative support is
employed less frequently but is no less important.
When it becomes clear that legislators from a number of OSCE states need guidance on a particular issue,
ODIHR develops and publishes guidelines in order to
offer assistance to a wider audience. Taking into account
best practices from across the OSCE region, these documents provide parameters for making laws that comply
with OSCE commitments and other relevant international standards.
ODIHR Annual Report 2009
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