Office for Democratic Institutions and Human Rights

Democratization

Participants at a working session on justice and legal reform during the OSCE-Mediterranean Partner Countries’ Conference for Civil Society, Vilnius, Lithuania, 4 December 2011. (OSCE/Velimir Alic)
Participants at a working session on justice and legal reform during the OSCE-Mediterranean Partner Countries’ Conference for Civil Society, Vilnius, Lithuania, 4 December 2011. (OSCE/Velimir Alic)

OSCE participating States reaffirmed their commitment to democracy in the Commemorative Declaration adopted at the Astana Summit in December 2010, and that this principle applies equally to all.

ODIHR’s work in democratization aims to support participating States in meeting their OSCE commitments by providing policy advice and assistance in building the capacities of democratic institutions in all three branches of government, and facilitating the inclusion of civil society actors in decision-making processes. By assisting participating States in strengthening democratic institutions, ODIHR works with governments to help them become more responsive, responsible and representative to their citizens.

ODIHR also takes into account the electoral cycle and follows up on recommendations made by ODIHR election observation missions by developing the capacities of institutions and civil society in OSCE participating States, thereby enhancing the consolidation of a democratic culture.

The Office’s work in democratization consists of activities in the following areas:

Legislative support

In ensuring the quality and effectiveness of legislation related to the human dimension in the OSCE region, ODIHR provides support to states by reviewing relevant draft and existing legislation and assessing compliance of draft or existing laws in the human dimension with relevant international standards, making recommendations for improvement, and sharing good practices. ODIHR also provides comprehensive assessments, upon request, of the legislative processes in participating States.

Rule of law

In some participating States, justice systems have been - and continue to be - in need of assistance in developing and meeting relevant international standards and OSCE commitments. ODIHR’s rule of law activities include providing support to independent judiciaries, highlighting reforms that strengthen fair trial guarantees, and promoting robust and independent legal professions, as well as the effective functioning of administrative justice systems.

Trial monitoring

OSCE field operations and ODIHR conduct trial-monitoring activities to collect first-hand information about fair-trial issues in individual cases and to obtain data about general trends in justice systems. The Office also supports OSCE trial-monitoring activities through the development of tools for monitoring operations and the sharing of experiences.

Independence of the judiciary

Judicial independence is one of the hallmarks of states that respect the concept of separation of powers. Based on OSCE commitments, ODIHR focuses on promoting judicial independence using the 'Kyiv Recommendations on Judicial Independence' (2010) - a set of policy suggestions for strengthening and safeguarding judicial independence - as a tool. These recommendations form the basis for country-specific discussions with decision-makers, scholars and legal communities in the OSCE region.

Criminal justice reform

ODIHR promotes institutional reforms to better enable key actors in the criminal-justice system to perform their duties transparently and in compliance with human rights standards by facilitating the exchange of expertise and providing assistance to participating States in the field of criminal-justice reform.

Democratic governance

ODIHR designs and implements programmes to assist participating States to improve laws, institutions and democratic processes, with a focus on strengthening parliaments and ensuring a pluralist political party system. The Office assists participating States in regulating political party financing in line with OSCE commitments, and in increasing the capacity of parliaments to carry out their legislative, representative and oversight functions.

Gender equality

In line with the OSCE Gender Action Plan, ODIHR assists participating States in advancing gender equality, safeguarding women’s rights and supporting the equal participation of women in democratic governance. The Office works to increase women's participation in political and public life, and also takes a comprehensive approach to preventing violence against women. ODIHR also supports states in strengthening their national mechanisms for the advancement of women, including by providing assistance in the development of gender-equality legislation and strategies.

Population registration

On the basis of the 'Guidelines on Population Registration' (2009), ODIHR assists OSCE participating States, upon request, to eliminate barriers to freedom of movement within their borders. To increase the accuracy of voter lists, ODIHR also offers assistance to OSCE participating States in the implementation of ODIHR election observation mission recommendations, by strengthening the capacity of authorities to build efficient links between population- and voter-registration systems.

Freedom of movement

ODIHR promotes the development and implementation of legal and regulatory frameworks that respect the right to freedom of movement and free choice of place of residence. In relation to cross-border mobility, the Office researches and monitors the entry and exit policies of OSCE participating States in the context of facilitating human contacts.

Migration

On the basis of OSCE commitments, ODIHR assists participating States in assessing, formulating and implementing migration policies and legislation that are gender-sensitive, protect the fundamental rights of migrants and facilitate migrant integration into the societies in which they live. In these areas, ODIHR identifies and facilitates the sharing of good practices, matching these to the needs identified in participating States. Upon request, the Office also designs and implements projects on the collection of migration data.