As to their duration, OSCE staff trial-monitoring programmes are subject to both
the annual renewal of the mandate of the field operation, internal programmatic decision-making, and the continued budgetary support of the OSCE for the particular programme. In practice, despite some uncertainty regarding funding and mission downsizing, this has resulted in continuity of staff programmes for several years. As a result,
the staff model has proven capable of sustaining comprehensive trial-monitoring programmes of extended duration able to support long-term justice-sector reform.
3.2 Project model
The defining feature of project programmes is that trial-monitoring activities are
done by contracted lawyers and project co-ordinators under the overall supervision of
ODIHR or the OSCE field operation. Therefore, in project programmes, monitors are
not OSCE staff, but local lawyers who have been trained to take part in the programme
as contractors and are subject to a code of conduct in connection with their trial-monitoring responsibilities. Depending on the programme, project monitors are either paid
on a case-by-case basis with reasonable expenses reimbursed, or paid a fixed sum with
set monitoring obligations. Through the OSCE and ODIHR, project programmes have
been organized in Kazakhstan, Kyrgyzstan, Tajikistan, and Moldova.
Similar to the staff model, the project model constitutes a viable option for establishing a programme capable of comprehensive trial-monitoring efforts of extended duration. In contrast with staff models, however, one of the primary aims of project trialmonitoring programmes is to build the local capacity of individual lawyers or involve
other local organizations in trial-monitoring. In turn, one of the features of project
programmes is a high degree of partnership with local organizations. In the past, these
partnerships have involved dividing or sharing responsibility for preparation of reference materials, organization of training sessions, and/or recruiting monitors. However, unlike domestic monitoring groups (discussed below), project programmes are
still operated as an official activity under the mandate of the OSCE field operation or
ODIHR. As a result, in the OSCE context, project programmes are able to rely on the
specific OSCE commitments of the host state in their monitoring activities.
Project programmes may therefore present a useful model for organizations that do
not possess a large field presence in a host state or that seek to build the capacity of local
lawyers while still retaining institutional control over the monitoring programme. Consistent with the enhanced emphasis on local ownership, all reporting is usually done
in the local language(s), with final reports being generated in the local language(s) and
then translated into English and/or Russian.
Trial-Monitoring: A Reference Manual for Practitioners
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents