Chapter 2 — Conducting a Preliminary Assessment
A more limited focus on specific legal issues or procedures – or even on selected cases – may also be
useful in a country’s particular circumstances. For instance, OSCE programmes have concentrated
on specific issues or problems associated with new procedural codes and other reforms, the administration of justice in specific types of criminal or war crimes cases, or other practices relevant to the
fair and effective functioning of the system.
In addition to assessing the functioning of the justice system or targeting specific justice issues,
other intermediate goals may also be important. For example, the building of civil society’s capacity to engage in judicial reform and support the justice system may also be a priority. Where this is
the case, programmes might seek to employ and train national monitors, to partner with domestic
NGOs, or to facilitate the creation of a domestic monitoring group or network.28 Such interaction
with local civil society has been supported by OSCE field operations, with a view to transferring
knowledge and skills to the local level and to support the development of domestic civil society trial-monitoring capacity.29
2.3 Drafting a programme paper
Once the preliminary assessment has been completed, an organization will have an informed basis
on which to draft a programme paper. This document should define, at a minimum, a trial-monitoring programme’s:
• purpose, objectives and focus;
• methodology, including scale, structure, staffing, and other features; and
• anticipated time-frame for implementation.
To the extent possible, the paper should also estimate the costs of the programme.
The most important aspects of a programme paper are the description of why a programme is recommended and what it hopes to achieve. The paper should describe which type of programme was
chosen (systemic, thematic or ad hoc) and why. Having a clear purpose and goals is essential to a
programme’s success and to building domestic and international support. Moreover, a proper understanding of what needs to be achieved will give a sense of direction to programme staff and delineate expectations for managers. Including specific, realistic success indicators will help managers
assess whether the programme is meeting its objectives.30 The programme paper should also mention any risk factors, and possible responses.
The programme paper should describe the proposed methodology and how the scale, structure,
staffing and other operational features of the programme have been designed to achieve the project’s objectives. It should mention any anticipated partnerships or planned involvement by civil society. Chapter 3 provides guidance on staffing issues. Chapter 5 provides guidance on establishing a
tailored information-management system.
The programme time-frame should include: 1) a preparatory stage for drafting of programme materials and guidelines, hiring monitors and training;31 2) an implementation phase, during which access is secured and the actual monitoring is performed; and 3) a final date for the publication of the
report and a period for engaging in related advocacy activities.
28 See Chapter 3.3, “Domestic monitoring organizations or coalitions” and Chapter 3.4, “Hybrid trial monitoring models
– partnerships”.
29 For example, a capacity-building component for civil society has been a consistent element of the trial-monitoring project of
the OSCE Mission to Montenegro from its inception through all follow-up phases of the Project, see Chapter 3.4, “Hybrid trial
monitoring models – partnerships”.
30 Such indicators are described in Chapter 13.2.
31 Larger scale programmes may consider running a small-scale pilot monitoring activity, which may help in anticipating and
resolving access issues, and fine-tuning the focus and objectives of the programme.
27
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