ANNUAL REPORT 2004 Human Rights Human Rights In the field of protecting and promoting human rights, human dimension commitments by participating the ODIHR carries out two major functions. The first is a States; such reviews show where work needs to be role the Office has performed for a long time: monitor- done, thus becoming the impetus for future research ing, and reporting on, compliance by participating and technical assistance, as well as suggesting areas for States with their human dimension commitments, par- further activities. ticularly in the areas of freedom of assembly and association, the right to liberty and to a fair trial, and in the use of the death penalty. In addition, the Office has Main issues taken a proactive approach to other human-rights-related issues, offering training and education and respond-
Protection of human rights in the fight against ing to specific concerns such as the protection of human terrorism: Since the attacks on 11 September 2001, rights in the global fight against terrorism. countries throughout the OSCE region have instituted new anti-terrorism measures. This security environment The ODIHR has enhanced its capacity to promote the protection of human rights potentially puts at risk a number of fundamental rights and freedoms, including the rights to a fair trial, privacy, freedom of association, and freedom of religion or belief.
Freedoms of association and assembly: Antiterrorism measures are not the only risk to these fundamental freedoms; the freedoms of association and To achieve its goals, the ODIHR carries out a work pro- assembly are not fully respected in a number of OSCE gramme that approaches issues from a variety of per- participating States, particularly in times of public spectives, including training, research, reporting, and emergency and often in the period immediately prior technical assistance. The ODIHR also organizes several to an election. The curtailing of these freedoms harms major meetings every year that are dedicated to par- the development of democracy, undermining demo- ticular human-rights topics. These meetings provide a cratic elections – a necessity for the legitimacy of any forum for reviewing the implementation of OSCE government – and having a particularly harmful effect on the growth of civil society. 2
Fair trials The right to a fair trial encompasses a range of minimum standards, including the rights to a fair and public hearing within a reasonable time by an independent and impartial tribunal, with full respect for the principle of the presumption of innocence, equality of arms, and access to an adequate and effective legal defence. In a number of OSCE participating States, there is a lack of confidence regarding the compliance of the legal system with these minimum standards. The ODIHR carries out a number of activities 2 Please see the Rule of Law section on pp. 21-26 for more information on the ODIHR’s work on fair trials. 51