Annual Report 2007

Office for Democratic Institutions and Human Rights

Annual Report 2007

Annual Report 2007 1 ODIHR Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Al. Ujazdowskie 19 00-557 Warsaw Poland www.osce.org/odihr

All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/ODIHR as the source.

ISBN 978-83-60190-59-3

Printed in Poland by Poligrafus Andrzej Adamiak Table of Contents

4 The Responsibility to Implement

8 Elections

20 Democratization

40 Human Rights

52 Tolerance and Non-discrimination

60 Contact Point for Roma and Sinti Issues

66 Programmes and Projects

72 Legislative Reviews

74 Conferences and Meetings

76 Publications Printed in 2007

77 Election Reports and Statements Released in 2007

80 Organigram and Budget nnarsdottir u r G u Urd

The Responsibility to Implement

was a demanding year for the Office’s capacity to fulfil its mandate, strength- OSCE and its Office for Demo- ening leadership and focus for the Office, and cratic2007 Institutions and Human Rights (ODIHR). developing outreach to all our partners. Con- In the fifth year of my tenure as Director, we sequently, we have moved away from one-year continued along the path of adjusting our activ- project-planning cycles to multi-year, long-term ities to fit the changing challenges of our time, programming in our assistance activities. This with the goal of realizing the commitment of has enabled us to set more ambitious goals and the OSCE’s 56 participating States to protect to become more transparent and predictable. human rights, strengthen the rule of law, and In addition, we have mainstreamed a number ensure pluralistic democracy. of cross-cutting issues into our work. Gender Since I took office in 2003, I have focused aspects are now reflected in our work across all particularly on three objectives: enhancing the departments, and most programmes, whether

4 Annual Report 2007  ODIHR Director Christian Strohal (centre) and The Responsibility to Implement junior legal analyst Tamara Otiashvili (left) talk to a domestic observer at a polling station during the parliamentary elections in Armenia, 12 May.

on trafficking in human beings, hate-crime commitments, it is institutions like ODIHR policing, or elections, include specific consider- that are best suited to identify shortcomings ation of Roma and Sinti communities. and offer assistance to states to remedy the lack of implementation. New and old challenges Our work has also had to adjust to a chang- ODIHR response ing political environment. OSCE states have One of my first steps as ODIHR Director was taken important decisions over recent years to to create a fully fledged Human Rights Depart- address new challenges in the human dimen- ment with a strong monitoring capability and sion: combating trafficking in human beings, the ability to strengthen the capacity of offi- racism, anti-Semitism, xenophobia and other cials as well as of NGOs to pursue human forms of intolerance, or gender inequality. rights issues in their countries. We have now Yet the bulk of the OSCE’s human dimension established a focal point to follow the specific commitments date back to the 1990s, and to challenges faced by human rights defenders the 1975 Helsinki Final Act. and national human rights institutions in our As we outlined in our report Common region. Responsibility: Commitments and Implemen- Another addition to our portfolio was the Tol- tation, published in 2006, a large number of erance and Non-discrimination Programme, challenges to democracy and human rights, following an unprecedented series of high-level the cornerstones of our security concept, still OSCE conferences. The programme has now need to be addressed: in parts of the region, sys- successfully been developed into an effective tematic election fraud continues; the freedoms department. In addition to assistance activi- of assembly and association remain curtailed; ties, such as training law enforcement officers human rights defenders are increasingly under in combating hate crime and developing educa- threat; the fight against terrorism is being tional materials, the department closely follows abused as a pretence to suppress fundamental incidents and violent manifestations of racism, freedoms; independent media are facing seri- xenophobia, anti-Semitism and other forms of ous restrictions by authorities; and some gov- intolerance. Our annual report on hate crimes ernments give inadequate attention to prevent in the region has become a widely used moni- torture and ensure impartial and accessible jus- toring and early-warning tool, and our TANDIS tice for all. At the same time, migration and dis- website provides a valuable portal to access rel- placement are creating new challenges for gov- evant information, including on best practices. ernments and societies as a whole, as do crimes resulting from aggressive nationalism, racism, Human dimension meetings and civil society xenophobia, and anti-Semitism, and the lack of Attracted by the possibility of participating tangible progress in improving the situation of on an equal footing with government repre- Roma and Sinti throughout the OSCE region. sentatives, the number of NGOs attending the In the face of these challenges, and the incon- human dimension meetings and conferences sistent response to them, some want to con- organized by ODIHR has reached record lev- clude that the OSCE is in a crisis. I believe that els each year. We have worked hard in making the opposite is the case. In times when some these meetings, including the annual two-week participating States are failing to meet their Human Dimension Implementation Meeting

Annual Report 2007 5 The Responsibility to Implement

ODIHR Director Ambassador Christian Strohal gives an interview to Russian TV journalists during the Madrid Ministerial Council, 29 November. v e Mikhail Evstavi

held in Warsaw, more interactive and to allow registration, political participation of women, civil society to hold governments accountable. and other related fields. In this way, we contribute to our collective implementation review, together with our part- Elections: the need for follow-up ners both from within the Organization and Election observation work continues to be from outside. The involvement of civil society is ODIHR’s most visible activity, widely recog- also a key component of ODIHR’s democratiza- nized in the international community. In 2007, tion and human rights programmes. we fielded over 3,000 election observers and experts on 17 election missions, ranging from Democracy as a process the Serbian parliamentary elections in January ODIHR’s democratization work, too, has devel- to the presidential elections in Uzbekistan at oped stronger focus, in particular on demo- the end of December. In line with our general cratic governance and democratic processes. policy, we have also increasingly been follow- In response to growing demand by participating developments in longer-established democ- ing States, we have strengthened our capacity racies, assessing specific aspects of the electoral to provide assistance in drafting and amend- process, for example, during the Swiss parlia- ing legislation, including by further developing mentary elections, or following the impact of legislationline.org, our Internet-based legisla- newly introduced voting technologies, as we tive database. In 2007, ODIHR again organized did in Estonia. a series of roundtables and workshops, provid- Sadly, ODIHR was unable to observe the ing practical assistance in judicial reform, civil largest electoral event in 2007, the November

6 Annual Report 2007 The Responsibility to Implement

elections to the Duma in the Russian Federa- freedoms. With its strong mandate, its freedom tion. A number of unprecedented restrictions from undue political influence, its operational imposed on the planned observation mission, autonomy, its internationally recognized exper- in addition to difficulties in obtaining visas tise and its ability to work flexibly, ODIHR is for our experts, made it impossible to conduct uniquely positioned to help participating States any long-term observation in accordance with in what is their common responsibility: imple- ODIHR’s mandate for monitoring “before, dur- menting their commitments to the benefit of ing and after elections”. human security for all. Election observation is not an end in itself. It is a tool to identify challenges and point to ways in which shortcomings can be addressed. ODIHR has therefore continuously stepped up efforts to follow up on our observations Ambassador Christian Strohal by presenting recommendations and offering ODIHR Director our assistance in meeting them. These efforts increasingly touch all ODIHR programmes. Of course, meeting commitments on democratic elections is a responsibility that ultimately lies with the authorities of the participating States themselves.

Outlook: renew the Helsinki movement With our highly professional team of ODIHR staff, we have, over the past five years, worked hard to reshape ODIHR into an even more effective tool in identifying and helping to address the challenges states face in the human dimension. Sadly, the sometimes uncomfort- able truths uncovered by our reports have led some to call for ODIHR’s activities to be modi- fied and for its reports to be subjected to tighter control by states. At the opening of my first Human Dimension Implementation Meeting, in 2003, I came to the following conclusion: “Democracy, the rule of law, human rights: they are always in danger, everywhere. This is the message from the Hel- sinki movement of civil society, governments, and international organizations. This movement has been the avant-garde in Europe, and beyond. We must strive to serve as this avant- garde again.” This conclusion, I believe, is more valid than ever. Stability and regional security are based on legitimacy that, in turn, can only derive from upholding democratic values and fundamental

Annual Report 2007 7 Elections — Copenhagen, 1990 government.” of andlegitimacy of theauthority isthebasis and genuineelections, fairly expressed through periodic willofthepeople, freely“The and

Urdur Gunnarsdottir  Children help their father vote at a polling Elections station in Astana, during the 18 August parliamentary elections in Kazakhstan.

ince its establishment in 1990 — orig- the legal and administrative framework for the inally as the Office for Free Elec- conduct of elections, and other relevant issues tions — the OSCE’s Office for Demo- such as the introduction of new voting tech- cratic Institutions and Human Rights nologies. By adjusting its approach to meet (ODIHR) has become a significant institution the relevant circumstances in a broader range Sfor promoting and supporting democratic elec- of participating States, ODIHR has been able tions throughout the OSCE region. While in the to maximize its available human and financial early years its election-related activities were resources and to provide a broader information particularly focused on supporting democratic base for participating States on electoral issues. transition in post-communist countries, it has since developed its capacity to follow election issues in a broad majority of OSCE participat- Main Issues ing States. This permits ODIHR to fulfil its various mandates and tasks effectively and to pro- kk Meeting standards for democratic elections: OSCE mote OSCE election commitments throughout participating States have made commitments the whole OSCE region, holding all participat- to hold elections in accordance with the 1990 ing States accountable to those commitments. OSCE Copenhagen criteria, which serve as the While its observation of elections is its most vis- basis for ODIHR’s evaluation of any given elec- ible task, the Office also conducts a number of tion. Numerous improvements have been made other election-related activities: reviewing elec- in election processes in many OSCE states, toral legislation, training observers, and pub- including in the legal and administrative frame- lishing guidelines and handbooks about elec- work regulating the conduct of elections; how- Ballots are counted toral issues. ever, such improvements are only significant for the 24 May Over the past fifteen years, major prog- if they are implemented accordingly. ODIHR parliamentary ress has been witnessed in a number of coun- continues to have to report serious flaws in a elections in Ireland. tries in terms of conducting democratic elections, while, for others, the implementation of election-related commitments continues to be a challenge. ODIHR’s comprehensive election observation methodology has permitted it to follow successive election processes in participating States undergoing fundamental transition, and to offer recommendations to facilitate the conduct of elections more closely in line with OSCE commitments. Since 2002, ODIHR has been following electoral developments in a broader range of participating States, also assessing specific electoral issues in longer-standing democracies and post-

transition countries. This has been achieved ff through the increased deployment of election thra u olly Ru assessment missions, which primarily focus on H

Annual Report 2007 9 Elections

number of OSCE participating States in the Commitments and Implementation, of Novem- conduct of elections, such as restrictions of fun- ber 2006, the Office advocates regular prog- damental freedoms, limitations on the right to ress reports to the OSCE Permanent Council to stand for office, challenges to universal and equal examine the state of implementation of ODIHR suffrage due to deficiencies in voter lists, inequi- recommendations. table media access and biased coverage in favour of one candidate or party, abuse of state admin- kk Addressing new voting technologies: In recent istrative resources, hindered access of domes- years, new voting technologies have been used tic and international observers, ineffective com- with increasing frequency. These technologies plaints and appeals procedures, as well as fraud can pose challenges to the perceptions of trans- during the vote count and tabulation process, parency and accountability in an election pro- all leading to a lack of confidence in the election cess, as well as challenges to observing electronic administration and democratic process. voting. Key aspects of new voting technologies should be observable, and such systems should kk Implementing recommendations: Election obser- be introduced with appropriate safeguards to vation is not an end in itself. At the conclu- better ensure accountability, transparency, and sion of any observation or assessment mis- public confidence. Broad public confidence is sion, ODIHR provides constructive recommen- considered a prerequisite for the introduction dations that address areas where the electoral of new election technologies. Electronic voting practices of a particular state should, or could, systems must meet the same democratic com- A polling-station be improved. Recommendations, however, are mitments and principles applied to traditional commission fills in not always acted upon. In order to enhance the systems and modalities of voting, especially the results protocols impact of election observation and to ensure principles of transparency, secrecy of the vote, for the 22 July parliamentary that OSCE states implement recommendations, and accountability. ODIHR examines challenges elections in Turkey as ODIHR continues to emphasize the need for surrounding the consideration and introduc- domestic observers post-election dialogue and follow-up activities. tion of new voting technologies by including look on. As stated in its report Common Responsibility: e-voting experts in relevant election missions.

The following are among the principal areas where the conduct of democratic elections requires further attention and improvement:

kk Respect for basic fundamental freedoms, kk Effective representation of national such as the freedoms of assembly, minorities; association, and expression; kk Access for disabled voters; k k Respect for the civil and political rights of kk Honest and transparent counting and candidates and voters; tabulation of the votes; k k Compilation of accurate voter lists; kk Effective complaints and appeals process kk Equal opportunities to campaign in a free with an independent judiciary; environment; kk Overall transparency and accountability kk Equitable access to the media; that instils public confidence; and kk Unbiased coverage by the media; kk Development and implementation of kk Impartial election administration bodies; new voting technologies in a manner that is transparent, accountable, and in line kk Unhindered access for international and

t with OSCE commitments. ee domestic election observers; str e

ton kk Effective representation and participation of women; Jonathan S

10 Annual Report 2007 Elections

Ballots are counted for the 18 February local elections in Albania at a counting centre in Tirana, 20 February. nnarsdottir u r G u Urd

Furthermore, ODIHR continues to consider kk Formulating supplementary commitments: OSCE adaptations to its election observation method- states have yet to decide on the adoption of sup- ology to take account of new developments in plementary commitments, following an ODIHR this field. note on possible additional commitments for democratic elections. ODIHR concluded that kk Addressing other ongoing and emerging challenges: three basic principles that are implicit in the Ongoing challenges include the need to ensure 1990 Copenhagen Document — transparency, transparency, accountability, and confidence in accountability, and public confidence — could electoral processes, as well as universal suffrage serve as the basis for new commitments. rights for voters and candidates alike. In this context, the participation of women, the inclusion of national minorities, and access for dis- Activities abled voters are issues to be addressed. The right to vote, free from interference and intimidation, Observation is the most visible aspect of is also a challenge for certain groups that may ODIHR’s elections mandate, but it is just one be considered more vulnerable, such as the sick part of a much broader range of activities aimed and elderly, who may vote at home or in hospi- at fostering and strengthening democratic elec- tal; military conscripts, who may vote in their tions. Insights gained from observation reports barracks; internally displaced persons; and persons in pre-trial detention. Low voter turnout, “[The Ministerial Council] recognizes ODIHR’s expertise in assisting particularly among young voters, is another the participating States through its election-related activities, includ- concern in a number of participating States. ing reviewing election legislation and carrying out election observa- Emerging challenges also include election campaign financing and the monitoring thereof. tions.” – Brussels 2006, Strengthening the Effectiveness of the OSCE

Annual Report 2007 11 Elections

An OSCE observer I. Election observation checks a list of voters Election observation has two principal objec- at a polling station tives: (1) to determine whether a particular in Belgrade during election meets OSCE commitments and other the 21 January international standards for democratic elec- parliamentary tions, and whether it is conducted in compli- elections in Serbia. ance with national legislation, which should reflect OSCE commitments; and (2) to offer recommendations, where necessary, to support governments in implementing improvements for future elections. The purpose of election observation is not simply to commend those countries that conduct their elections well or to criticize those that fall short of meeting their commitments. nnarsdottir u r G

u Instead, ODIHR offers proactive and con- Urd structive input, whereby it not only calls atten- prove useful for ODIHR’s other programmes, as tion to specific areas for possible improvement, well as for the activities of other institutions and but also makes recommendations and provides field operations. The Elections Department’s assistance to rectify any shortcomings. Election integrated work plan also includes the further observation has thus become an effective ser- development of its methodology, as well as tech- vice that is provided among OSCE participating nical-assistance projects and legislative reviews. States to enhance the integrity of electoral pro- These activities concentrated in 2007 on the fol- cesses in line with OSCE commitments. lowing areas: In the course of 2007, ODIHR deployed over kkElection observation; 3,000 observers to nine election observation kkReform of electoral legislation; missions. In an effort to expand the geographic kkDevelopments in the methodology composition of observation missions, 87 short- of election observation; term and 23 long-term observers were financed kkCo-operation with other election through ODIHR’s Fund for Enhancing the Diver- observation networks; sification of Election Observation Missions. kkFollow-up; and This voluntary fund was established in 2001 to kkObserver training. ensure broader participation of nationals from Election observation missions Country Type of Election Date Serbia Parliamentary 21 January Albania Local 18 February Armenia Parliamentary 12 May Moldova Local 3 and 17 June Kazakhstan Parliamentary 18 August Ukraine Parliamentary 30 September Croatia Parliamentary 25 November Kyrgyzstan Parliamentary 16 December Uzbekistan Presidential 23 December

12 Annual Report 2007 Elections

A ballot box is emptied for the count at a polling station in Warsaw during the 21 October parliamentary elections in Poland. liati g aba lastair R A

19 participating States that may not be in a posi- robust civil society, and pluralistic media. There- tion to regularly second observers. fore, the deployment of comprehensive long- term election observation missions involving Election assessment missions hundreds of short-term observers usually does Elections in longer-established democracies not appear to be necessary or even realistic in the generally enjoy higher public confidence, bet- face of limited resources. There is proven value, ter-tested electoral practices, and proven checks however, in following electoral issues and devel- and balances such as an independent judiciary, opments in longer-standing democracies and Election assessment missions Country Type of Election Date Estonia Parliamentary 4 March France Presidential 22 April and 6 May Ireland Parliamentary 24 May Belgium Parliamentary 10 June Turkey Parliamentary 22 July Poland Parliamentary 21 October Switzerland Parliamentary 21 October

Annual Report 2007 13 Elections

OSCE election observers fill in report forms at a polling station in Kant during the 16 December parliamentary elections in Kyrgyzstan. nnarsdottir u r G u Urd

post-transition countries in the OSCE region, as support OSCE field presences in following elec- all participating States are equally bound by the toral events where an observation or assessment 1990 Copenhagen commitments, and therefore mission was not deployed. An election support should periodically review their procedures to team provides expert advice on electoral devel- ensure best electoral practice. opments to OSCE field missions that in turn In this context, ODIHR has recently deployed report on the electoral event through their stan- an increased number of election assessment dard OSCE reporting channels. Such teams missions, which consist of a group of experts were deployed for parliamentary by-elections who arrive in a given country several days prior and for the 21 October referendum in Kyrgyz- to Election Day and remain until shortly after stan, as well as for the 11 February presidential Election Day. They make an overall assessment election in Turkmenistan. of the administrative and legal framework for the conduct of elections and provide targeted II. Reform of electoral legislation recommendations. An assessment mission The legislative framework for elections in any does not comment on the process in the same particular country should provide a solid basis comprehensive manner as an observation mis- for conducting elections in line with OSCE sion, and it does not undertake any systematic commitments for genuine democratic elec- or comprehensive observation on Election Day. tions. Therefore, review of electoral legislation Since 2002, this type of election mission has has become an integral part of ODIHR activities permitted ODIHR to follow electoral issues in a to follow up on recommendations contained in broader range of participating States. election reports. According to the established practice of assist- Support to OSCE field presences in assessing ing the participating States in their legislative elections and referenda reform in the field of elections, ODIHR offers In 2007, ODIHR fielded three election sup- comments and assessments on election legis- port teams comprising a few experts each to lation and relevant amendments. A voluntary

14 Annual Report 2007 Elections

fund established in 2001 (Legislative Alert) per- In 2007, ODIHR issued six legislative reviews and opinions, conducted jointly with mits ODIHR to provide expert advice on elec- the Venice Commission: toral reform initiatives, as well as to make rec- Country Legislation ommendations. ODIHR experts regularly join Albania Joint Opinion on the Amendments to the Elec- efforts with experts from the Council of Europe’s toral Code of the Republic of Albania Commission for Democracy through Law (Ven- Armenia Final Joint Opinion on the Amendments to the ice Commission) to offer joint opinions on the Electoral Code of Armenia legislative framework for elections. Joint Opinion on the 26 February 2007 Amend- ments to the Electoral Code of Armenia III. Developments in the methodology of election observation Croatia Joint Opinion on the Draft Law on Voters Lists of Croatia ODIHR has developed a systematic and com- Former Yugoslav Joint Opinion on the Draft Working Text prehensive methodology for long-term observa- Republic of Macedonia Amending the Election Code of the Former tion of elections that encompasses all elements Yugoslav Republic of Macedonia of an election process. ODIHR’s Election Obser- Ukraine Joint Opinion on the Law on the State Register vation Handbook was developed in response to of Voters of Ukraine a direct task set out at the 1994 Budapest Sum- mit, whereby participating States mandated ODIHR to “enhance election monitoring prep- and even Internet voting options. ODIHR has arations and procedures” by devising a hand- had the opportunity to familiarize itself with book. The handbook was published in its fifth such technologies in participating States; at the edition in 2005, and provides the guidelines same time, the Office has stressed that, when that observers use to monitor all aspects of an using new voting technologies, OSCE commit- electoral process, beginning with a review of ments must be met in the same manner as when the legal framework, and including the perfor- using traditional voting methods. mance of the election administration; the con- Recognizing that the observation of new vot- Ballot papers are duct of the campaign; the media environment ing technologies requires innovative approaches, given to a voter and equitable media access; the complaints and ODIHR has hosted several expert meetings on during local elections appeals process; voting, counting, and tabula- observation of electronic voting to discuss the in Moldova, 3 June. tion; and the announcement of results. While this methodology has not been funda- mentally altered since its introduction in 1996, the experience and insights gained over the past decade have led to refinements in some areas and expansion in others. For example, the Office has adapted the methodology to take more detailed account of issues such as the participation of women and the inclusion of national minorities in the electoral process, as well as expanding its media-monitoring methodology and considering the topic of new voting technologies.

Monitoring the use of new voting technologies An increased number of OSCE participating States are considering and testing, or are in the n e process of introducing, new voting technolo- dd rtis Bu u gies, including voting machines, vote scanners, C

Annual Report 2007 15 Elections

challenges of observing an electronic voting the benefit of ODIHR experience in order to process and to identify areas in which ODIHR’s ensure efficiency, effectiveness, and a common election observation methodology could be fur- approach. In addition, the Office is finalizing ther developed in this regard. These meetings guidelines on media analysis during election concluded that key aspects of new voting tech- observation missions. nologies should be observable, and that such Furthermore, ODIHR is developing guide- systems should be introduced with appropri- lines for the observation of voter registration. ate safeguards to better ensure accountability, Together, voter registration laws and practices transparency, and public confidence. are an important aspect of any democratic elec- As a result, ODIHR has initiated the drafting tion, ensuring that the principles of equality of a handbook on observing electronic voting and universal suffrage are upheld. Voter regis- that representatives of election administrations, tration is a complex exercise that can present electronic-voting and legal experts, and relevant challenges to election observers. Guidelines international organizations have contributed to. should facilitate the necessary understanding of The handbook will provide guidance to observ- complex issues and guide election observers in ers while undertaking observation of new voting their assessment of voter registration. Although technologies applied to electoral processes. ODIHR has commented extensively on these issues in various election reports, more specific and detailed guidance on best practice for “To ensure that the will of the people serves as the basis of the observation of this fundamental element of an authority of government, the participating States will … guarantee election process would strengthen observation universal and equal suffrage to all adult citizens.” – 1990 Copenhagen methodology. Document The Office is also updating two of its existing publications. A revised edition of the Handbook to Assist National Minority Participation in the ODIHR had the opportunity to expand its Electoral Process will provide new content on comparative experience with new technolo- issues pertaining to jurisprudence of the Euro- gies during several elections in 2007, including pean Court of Human Rights and to interpreta- its assessment missions to parliamentary elections by the Advisory Committee of the Frame- tions in Estonia, presidential elections in France, work Convention for the Protection of National parliamentary elections in Ireland, parliamen- Minorities. tary elections in Belgium, and parliamentary An update of the Guidelines for Reviewing a elections in Kazakhstan. At each of these elec- Legal Framework for Elections will take account tions, new voting technologies had been consid- of relevant international developments, includ- ered, partially introduced, or fully introduced as ing those stemming from the case law of the ODIHR’s handbook a voting option. European Court of Human Rights. It will con- for long-term election tain an expanded discussion on the subjects of observers. Guidelines districting and equal suffrage, national minori- In recent years, ODIHR has published guide- ties, gender, voting by internally displaced per- lines and handbooks on a variety of election- sons, and the protection of electoral rights. It related subjects that provide detailed guidance will also provide guidance on how to review laws for international and domestic observers. related to the use of new voting technologies. As the latest in this series, the Office published a Handbook for Long-term Election Observers Supporting domestic non-partisan election in 2007 that provides a comprehensive over- observation view of their responsibilities and role in obser- International and domestic election observa- vation missions. It offers long-term observers tion are distinct but complementary activities.

16 Annual Report 2007 Elections

A voter casts his ballot in Zagreb during the 25 November parliamentary elections in Croatia. nnarsdottir u r G u Urd

Domestic election observation, as conducted by IV. Co-operation with other international both partisan and non-partisan observers, is a election observation networks civic responsibility that helps to ensure trans- Throughout 2007, ODIHR co-operated closely parency, accountability, and public confidence with the OSCE Parliamentary Assembly, the in election processes. Parliamentary Assembly of the Council of ODIHR has supported capacity-building Europe, the European Parliament, and, on occa- efforts and promoted an exchange of experience sion, the NATO Parliamentary Assembly. Fur- and best practice among domestic observers thermore, ODIHR regularly met with observers since 2001. Given that methodologies may vary, from the Commonwealth of Independent States including their means of implementation, con- (CIS) in the field in order to exchange findings. siderable benefit can be gained from exchanges ODIHR developed contacts with national of experience among domestic observer groups election administrators and with other organi- in the OSCE region. Ultimately, such exchanges zations involved in international election obser- can lead to a more standardized and consistent vation. In September, ODIHR participated in the approach to domestic election observation. annual General Assembly meeting of the Asso- By giving non-partisan domestic observ- ciation of Central and Eastern European Elec- ers access to OSCE-mandated meetings and tion Bodies and in the Fourth European Con- ODIHR meetings on election-related issues, ference of Electoral Management Bodies, which the Office has provided them with networking was organized by the Council of Europe’s Venice opportunities and international fora to advocate Commission in Strasbourg. In October, ODIHR for their rights and to disseminate information representatives attended the second training about their situation in the OSCE area. ODIHR workshop for international election observers also continues to raise awareness and express from the CIS, which was organized in St. Peters- concern on occasions when the rights of domes- burg by the CIS Inter-parliamentary Assembly tic observers are obstructed or infringed by the and the Central Election Commission of the authorities. Russian Federation.

Annual Report 2007 17 Elections

Polling-station officials count ballot papers in the 22 July parliamentary elections in Turkey. t ee str e ton Jonathan S

V. Follow-up discussion on the most efficient practices of fol- In the presence of sufficient political will to low-up, including the role of the recipient coun- improve the election process in line with OSCE try and the possibility for regular reporting on commitments, the post-election period enables follow-up to ODIHR recommendations. participating States to benefit from ODIHR As in previous years, ODIHR was actively expertise through a process of follow-up to involved in following up on the findings and rec- ODIHR election observation missions. The recommendations of its election observation mis- ommendations offered by ODIHR following sions, notably through numerous publications, observation missions could assist participating reviewing election legislation, supporting OSCE States in meeting their commitments to conduct operations on targeted technical assistance, democratic elections. As a rule, ODIHR stands deployment of election support teams, and par- ready to offer follow-up assistance to participat- ticipation in relevant roundtables and seminars. ing States; however, the overall success of such In addition to offering comments on electoral a process requires that the participating States legislation, ODIHR conducted a number of fol- play an active role in post-election dialogue. low-up activities in 2007 in Albania, Armenia, In May, ODIHR distributed a discussion paper Azerbaijan, Croatia, Georgia, Kazakhstan, Kyr- among the participating States that outlines the gyzstan, the former Yugoslav Republic of Mace- modalities of follow-up activities. The paper donia, Turkmenistan, and Ukraine. Some of was intended to launch an intra-organization these activities were initiated by a visit by the ODIHR Director shortly after the publication of election observation mission reports. “[The Ministerial Council] tasks ODIHR to consider ways to improve the effectiveness of its assistance to participating States in following VI. Observer training up recommendations made in ODIHR election-observation reports ODIHR makes great efforts to implement its and inform the Permanent Council on progress made in fulfilling this election observation methodology with the task.” – 2003 Maastricht Ministerial Council highest possible professional standards. While

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it is primarily the responsibility of OSCE participating States to provide ODIHR with trained and experienced observers, ODIHR has started to assist them by providing observer training. Since 2006, ODIHR has followed a two-track approach to observer training that has included: (1) the launch of a new extra-budgetary programme on training election observers; and (2) the provision of continued ad hoc support to national training centres. The training programme assists participating States in their efforts to train observers and increases the level of professionalism of international observers taking part in ODIHR election observation missions. Training provides observers with necessary skills and underscores the need for a common approach in implementing ODIHR’s election observation methodology. As an initial step, the programme has focused on training short-term observers, but the Office has suggested new training to prepare long-term observers for their tasks and responsibilities. Since the first training course for short-term n election observers was held in November 2006, e dd ODIHR has trained more than 100 observers rtis Bu u during three further courses in Bishkek, Kyrgyz- C stan, in co-operation with the Training Section co-operated with national training centres such of the OSCE Secretariat and the OSCE Acad- Staff at mission as the German Centre for International Peace headquarters in emy. Participants came from foreign ministries, Operations (ZIF), the Norwegian Centre for Chisinau receive non-governmental organizations, and central Human Rights (NORDEM), the Russian Diplo- report forms faxed election commissions from 18 participating matic Academy, and the Austrian Study Center from observers in States. ODIHR intends to conduct two training for Peace and Conflict Resolution (ASPR), as well the field during local courses for short-term observers and one for elections in Moldova as with the European Commission’s Network of long-term observers annually, contingent upon on 3 June. Europeans for Electoral and Democracy Sup- extra-budgetary funding. port (NEEDS). The Office also provided training ODIHR recognizes the national efforts made to domestic observers from Turkmenistan on by some participating States to offer in-depth international standards for democratic elections training to their observers before deployment to and ODIHR observation methodology. the field. In addition to the extra-budgetary pro- These ad hoc training efforts complement gramme, ODIHR supports national efforts to ODIHR’s extra-budgetary programme and con- train observers. It also strongly encourages par- tribute to strengthening consistency and com- ticipating States’ efforts in this regard. mon standards for election observation. In 2007, members of ODIHR’s Elections Department trained Austrian, German, Nor- wegian, and Russian observers to participate in future election missions. ODIHR also

Annual Report 2007 19 Democratization character.” —Copenhagen, 1990 issues ofarelated humanitarian andtheresolutioncontacts of other freedoms, thedevelopment ofhuman for allhumanrights andfundamental of law are essential for ensuring respect that pluralistic and the rule democracy States] recognize participating “[The

Eric Gourlan

Alex Nitzsche Democratization

trengthening democratic institutions kk Democratic culture: More than a decade of and processes is a key objective of OSCE work in the area of democracy-build- most, if not all, ODIHR activities. Par- ing has underlined that democracy is more liaments and institutions such as cen- than institutions and laws. A true, function- tral election commissions and ombudsmen are ing democracy also requires the compatibility Sfundamental both as recipients of technical of norms, rules, and traditions of a given soci- assistance or expertise and as partners in imple- ety with a culture of seeking the common good menting activities in support of human dimen- through deliberation. It is only through such a sion commitments. ODIHR works in the same culture of democratic processes that institutions way with government structures, such as inte- will be able to function democratically both rior and justice ministries, and with a range of internally and in relation to one another. institutions tasked by the participating States with specific issues relating to the human dimen- kk Promotion of gender equality and women’s partic- sion, such as the authorities responsible for civil ipation in democratic processes: Lack of awareness registration on issues relating to the freedom of of the importance of promoting gender equal- movement. ity on the part of the general public and among ODIHR has developed democratization assis- state structures is a primary barrier to promot- tance that focuses on longer-term programmes ing gender equality in the policy-making pro- rather than short-term projects. It is based on cess. In many OSCE participating States, tradi- an identification methodology that includes a tional patriarchal attitudes and behaviours pre- needs assessment prior to undertaking activi- vail, while the general public does not consider ties. This ensures that the best use is made of these practices as discriminatory. This has a the Organization’s financial, human, and time negative impact on the status of women, as well resources. as on the choices and opportunities available to them, limiting their participation in, and contri- bution to, democratization processes. Through- Main Issues out the OSCE area, women tend to be underrepresented in all branches of government, as kk Upholding the rule of law: OSCE commitments well as in political parties. in the human dimension emphasize the importance of the rule of law for democratic develop- kk Right to freedom of movement and free choice of ment. Democracy needs the rule of law to ensure place of residence: Since the collapse of the Soviet proper functioning of its institutions and proce- Union and the subsequent changes in the polit- dures – most notably free and fair elections. On ical and economic situation, there has been a the other hand, the rule of law needs democracy noticeable increase in migration in a number to ensure legitimacy of laws and avoid situations of countries in the region. This has been -fur where the law is turned into an instrument of ther amplified through full freedom of move- oppression. To ensure obedience of, and equal- ment within the European Union, as well as ity before, the law, governments should lead by through global migratory pressures. As people example. Their failure to do so erodes the legal move, state institutions need information on order and undermines public trust in the gov- their places of residence to ensure, for exam- ernment, the law, and justice. ple, their rights to social and medical services,

Annual Report 2007 21 Democratization

access to employment and education, and par- ODIHR organized a Human Dimension Semi- ticipation in electoral processes. This infor- nar on “Effective Participation and Representa- mation can be made available by modernizing tion in Democratic Societies” in 2007. In addi- existing, or developing new, population registration, ODIHR followed up on its 2006 report tion systems that do not restrict people’s free- Common Responsibility: Commitments and dom of movement. Implementation by contributing to the discussions at the Human Dimension Implementation kk Insufficient exposure to international legislative Meeting on the newly introduced topic of sepa- standards: Governments and lawmakers in the ration of powers, a key to strengthening demo- OSCE region are not always fully aware of the cratic governance. consequences for the national legal system of the treaties, conventions, and other international I. Rule of law instruments that they have ratified. Experi- Commitment to the rule of law encompasses ence has shown that international human rights not only adherence to existing legislation, but norms are not always properly interpreted or are also fostering and maintaining institutions that insufficiently reflected in domestic legislation. ensure democratic law-making, protection of This applies in particular to narrowly defined human rights, and proper administration of limitation clauses in human rights treaties. justice. ODIHR puts a special emphasis on strengthening that institutional framework. kk Inefficient and non-transparent legislative pro- ODIHR’s activities may be grouped into three cesses: In many countries, there is insufficient clusters: (1) supplying policy makers with the awareness of the need to manage the legislative information and tools they need for reform and process in its entirety, as opposed to relying on to ensure better implementation of OSCE com- fragmented rules and inadequately co-ordinated mitments; (2) working with legal communities procedures. Often, laws are adopted without and other stakeholders to enhance their role in the involvement of those who will eventually be strengthening the rule of law; and (3) co-oper- affected by the legislation. Or a law will be hast- ating with OSCE field operations, international ily adopted without first being evaluated at the organizations, and other actors that promote drafting stage. More often than not, the result is the rule of law by sharing strategies, methodolo- ineffective legislation that fails to fulfil the pur- gies, and experiences. pose for which it was adopted and that, furthermore, necessitates frequent revisions that could Trial-monitoring put public confidence at risk. Trial-monitoring has been conducted by ODIHR and many of the OSCE’s field operations. It is an important tool for collecting data Activities on the functioning of the judicial system and on implementation of fair-trial standards. The In assisting participating States with institution- findings gained through standardized, objec- building, ODIHR’s aim is to help governments tive procedures provide information on short- become more responsive, responsible, and rep- comings and needs, and help to identify priori- resentative. It does this through programmes in ties for policy makers and assistance-providers. the following five areas: Recommendations aim to improve the quality kk Rule of law; of administration of justice. Trial-monitoring is kk Civil society and democratic governance; also an effective tool for observing the right to a kk Gender equality; fair trial in individual cases. kk Migration/freedom of movement; and OSCE field operations, especially those kk Legislative support. in South-Eastern Europe, have a wealth of

22 Annual Report 2007 Democratization

experience in trial-monitoring, and ODIHR has criteria, judicial training institutions, disciplin- been instrumental in ensuring that that expertise ary proceedings, and performance evaluation. is shared across the Organization through peri- Participants benefited from the experience of odic trial-monitoring co-ordination meetings. Dutch, French, Italian, Romanian, and Russian As an outgrowth of these meetings and in an experts. The workshop was organized jointly effort to collect, preserve, and share the OSCE’s with the United Nations Office on Drugs and experience in the area of trial-monitoring, Crime (UNODC) and the State Duma Commit- ODIHR developed a trial-monitoring reference tee to Combat Corruption. manual that will be published in 2008. The man- In July, ODIHR, in co-operation with the ual synthesizes the best practices and lessons American Bar Association’s Rule of Law Initia- learned from the trial-monitoring programmes tive and the OSCE Mission to Bosnia and Her- conducted by ODIHR and 12 OSCE field oper- zegovina, organized a roundtable on “Retroac- ations, including experiences from monitor- tive Application of Criminal Law in War Crimes ing war-crimes trials. It provides a resource for Cases”. This meeting of more than 40 legal pro- practitioners developing or running trial-mon- fessionals and academics in Sarajevo focused itoring programmes. The aim of the manual is on the implications of a recent Constitutional to enhance the quality of such programmes and Court decision related to the retroactive applica- Zhazira Krykbayeva of the thereby strengthen compliance with fair-trial tion of current criminal law to war-crimes cases International Bureau for standards in participating States. from the 1991-1995 conflict. The event empha- Human Rights and Rule of Following the adoption of the law on the sized the need to apply the same legal standards Law addresses a workshop introduction of lay participation in criminal to war-crimes cases regardless of the court that for defence lawyers in jury proceedings in Kazakhstan, ODIHR initiated tries them. trials in Almaty in March. a project in 2006 to monitor implementation of the law. Some 20 monitors were trained and then observed more than 30 jury trials throughout the country in 2007. Interim project reports, which were shared with the Supreme Court, contain a number of legislative, administrative, and organizational recommendations to improve the conduct of jury trials.

Supporting debate on legal policies and reforms ODIHR supports debates on policies and reform issues that affect the implementation of OSCE commitments. In doing this, ODIHR uti- lizes one of its main institutional strengths: its mandate to work across the OSCE area and to facilitate the exchange of experiences between the participating States. ODIHR addresses topical issues, makes debates open and inclusive, and enriches discussions with diverse expert participation. A workshop in Moscow in May on “Regulating Career Development and Professional Account- h ability of Judges” brought together high-ranking c

Russian judges and civil servants to discuss pro- inovi atyana Z cedures for judicial appointments, promotion T

Annual Report 2007 23 Democratization

Anvar Kaliev, a lawyer from Almaty, addresses the jury during a mock trial at a workshop for defence lawyers in Almaty in March. h c inovi atyana Z T

In August, ODIHR held its annual Sum- to defend their cases in front of juries. ODIHR, mer School on Criminal Justice for Central together with the Union of Advocates of Asia in Almaty. All Central Asian states were Kazakhstan, selected 26 criminal lawyers from represented by legal practitioners, officials, different regions to participate in a four-day and academics. The OSCE Centres in Astana, training course to improve their skills. At the Dushanbe, and Ashgabat and the Project Co- training, held in March, experts from the Rus- ordinator in Uzbekistan funded participants sian Federation addressed the main skills that from their respective countries. Experts from lawyers need to effectively defend their clients Russia, the United Kingdom, and Kazakhstan in jury trials. Special emphasis was placed on led the discussion on a variety of issues that are examining witnesses and oral advocacy. The topical in Central Asia, including judicial autho- training included a mock trial with a real jury rization of arrest and jury trials. The debates panel selected from the residents of Almaty. deepened the participants’ understanding of After the mock trial, participants analysed reform challenges and helped them to articulate their successes and failures together with the their own ideas for positive change in criminal- trainers. justice systems. Armenia is facing an increasing number of requests for legal assistance from abroad, and Strengthening legal professionals its own prosecutors are often not sufficiently Institutional strength is rooted in the quality of familiar with the procedure for requesting legal personnel. The rule of law in any country relies assistance from foreign countries. In response on well-trained and professional lawyers, pros- to a request from Armenia’s Prosecutor-Gen- ecutors, judges, and civil servants to uphold its eral’s Office, ODIHR, in co-operation with the tenets. Mindful of this fact, ODIHR supports OSCE Office in Yerevan, the UNODC, and the and promotes legal education and training pro- Council of Europe, conducted a series of work- grammes that strengthen the capacity of legal shops in November on international co-opera- professionals, focusing its limited resources on tion in criminal matters. The training covered the areas where its assistance is requested or all practical aspects of legal assistance in crim- deemed practical. inal matters, including extradition, transfers of The first jury trials held in Kazakhstan since convicted persons, and transfers of criminal being introduced in January 2007 showed that proceedings. defence lawyers were not adequately prepared

24 Annual Report 2007 Democratization din oris Bu B

Kyrgyzstan’s Judicial Training Centre as well as for clear political will on the part of Alexander Rozentsvaig requested support from the international com- these states to take measures to prevent, effec- (left), member of the munity in 2007 to implement a law granting tively investigate, and adequately punish torture Almaty City Collegium judges new powers. Together with other inter- and ill-treatment. of Advocates; Daniyar national partners, ODIHR contributed to a con- In 2007, ODIHR developed a questionnaire Kanafin (centre), member of the Almaty ference on “New Powers of Courts in the Kyrgyz on the causes and prevention of torture and City Collegium of Republic: Judicial Authorisation of Arrests and ill-treatment in criminal-justice systems that Advocates; and Other Criminal Procedural Measures”, which was sent to all OSCE field operations to col- Associate Professor was held at Lake Issyk-Kul in June. The partic- lect and document OSCE field experience in Richard Vogler of the ipants — leading judges from throughout Kyr- combating these phenomena, to identify sys- University of Sussex gyzstan — discussed various aspects related to temic obstacles to torture prevention in crimi- take part in a panel the implementation of the law and learned about nal-justice systems, to pinpoint additional areas discussion during the the experiences of other participating States, where ODIHR could support field operations in Summer School on including Russia, Germany, Kazakhstan, and the anti-torture activities, and to collect informa- Criminal Justice for United States. ODIHR experts highlighted pos- tion on other initiatives and efforts in this field. Central Asia. sible difficulties with implementation of the law ODIHR’s current anti-torture work empha- and proposed solutions to overcome them. sizes the promotion and implementation of the Optional Protocol to the Convention against Prevention of torture Torture (OPCAT), and provides targeted sup- Anti-torture work remains prominent on port to strengthen domestic monitoring pro- ODIHR’s agenda. Reports from OSCE field grammes and capacities. operations, as well as from governmental and June marked the first anniversary of OPCAT’s non-governmental institutions, collected and entry into force. This provided a new impetus for analysed by ODIHR, indicate that torture and the creation of national preventive mechanisms ill-treatment in custody continue to occur in a to monitor places of detention, as many states number of OSCE states. This underscores the parties were obliged to create, or take some need for comprehensive anti-torture strategies, significant steps towards the creation of, such

Annual Report 2007 25 Democratization

mechanisms within this time frame. ODIHR with these actors, to enrich ODIHR’s profes- is following the implementation of OPCAT at sional acumen, to expand its expert network, the national level and collects information on and to share its expertise with others. implementing legislation and models of national In 2007, ODIHR staff provided training at the preventive mechanisms. Folke Bernadotte Academy in Sweden, contrib- In March, ODIHR held a one-day conference uted to the American Bar Association’s World on the effective implementation of OPCAT in Justice Project Outreach Meeting in Prague, Georgia together with Penal Reform Interna- participated in a global conference on Build- tional, the Association for the Prevention of ing Coherent and Effective Rule of Law Pro- Torture, and the Global Initiative for Psychiatry, grammes and Strategies organized by the Hague with the support of the European Union. Over Institute for the Internationalisation of Law, and 70 government officials, civil society representa- also participated in a regional conference on tives, and international experts discussed mod- Strategies of Criminal Procedures in St. Peters- els for a Georgian national preventive mecha- burg, Russia. nism, including policies for the recruitment and operation of such a monitoring body. This event II. Civil society and democratic was followed up by another meeting in Tbilisi in governance June to mark the first anniversary of OPCAT’s the fundamental aspect of civil society is the vol- entry into force. untary participation of citizens in community In May, ODIHR’s Anti-Torture Focal Point life — both local and national — either directly gave an overview of the possible powers, man- or through organizations or institutions. The date, and model for a national preventive mech- extent to which this participation is transpar- anism at a seminar in Kazakhstan. Participants ent and effective is a measure of the quality of debated the effectiveness of bodies in Kazakh- democratic governance within a country. Over stan that visit places of detention and put for- the past fifteen years, ODIHR has sought to ward proposals to bring them into compliance strengthen this participation in line with OSCE with OPCAT standards. commitments. The first session of the Subcommittee on the ODIHR takes a comprehensive approach to Prevention of Torture, the international moni- strengthening democratic practices by working toring mechanism created under the Protocol, simultaneously with government institutions, also took place in 2007, and it commenced its civil society, and political structures. ODIHR’s programme of visits. ODIHR established con- methodology addresses governance issues by tacts with this new body and continued to co- supporting democratic practices, developing operate with other international anti-torture political parties, improving parliamentary prac- organizations. Most recently, ODIHR provided tices, and by forming partnerships with think input for the UN Committee against Torture’s tanks. General Comment on Article 2 of the UN Con- Human dimension meetings in 2006 and 2007 vention against Torture. provided opportunities for a critical assessment of this methodology, as well as a forum to dis- Exchanging assistance strategies cuss results and to share lessons learned, includ- In encouraging and supporting compliance with ing from OSCE field operations. OSCE commitments, ODIHR is attuned to the activities of OSCE field operations, international Supporting political parties and bilateral organizations, and other assis- The effective representation of citizens requires tance-providers in the OSCE region. ODIHR responsive political parties. Political parties staff seek opportunities to exchange experiences are indispensable instruments in democratic

26 Annual Report 2007 Democratization

societies for aggregating and representing citi- priorities for common action. One direct out- zens’ interests and priorities in a common pol- come of these exercises was the parties’ shared icy platform. will in developing the Georgian version of In 2006, ODIHR completed piloting a meth- VoteMatch. odology for developing a capacity for critical Through a consistent multi-party approach, self-assessment within political parties in order opposing parties have become aware of their to strategize their development more effectively. common cause in building an effective polit- It engaged all of Georgia’s six main political par- ical party framework together, which could ties; a leading Tbilisi think tank, the Caucasus form a valuable foundation in times of political Institute for Peace, Development and Democ- upheavals. racy (CIPDD); and the Netherlands Institute Throughout 2007, ODIHR carried out assess- for Multi-party Democracy (NIMD) in a joint ment visits to several other participating States interactive assessment project. to evaluate whether the conditions exist for As follow-up throughout 2007, ODIHR imple- expanding its political party programme. mented a multifaceted programme of activities requested by the parties themselves, including Providing parliamentary assistance a series of tailor-made workshops on strength- In a move to support domestic efforts to reform ening local party leadership, strategic planning, and strengthen parliamentary practices in Geor- party funding, and training for a cross-party gia, ODIHR entered into a partnership with the cadre of trainers. These events also provided an Georgian Parliament, as well as with the OSCE opportunity to share international experiences, Mission to Georgia, to create the Centre for Par- with European experts playing an important liamentary Reform. Based within the parliament role in the discussions. and staffed by Georgian experts, the Centre’s The programme included the first steps main task is to formulate parliamentary reform towards developing a Georgian version of 1 strategies and to keep the parliamentary lead- the interactive web-based tool VoteMatch. ership abreast of reform initiatives. Sponsored Intended to assist voters in making better- by ODIHR, the Centre is fully run by the Parlia- informed choices at election time, the proposed ment in order to ensure that the reform process development of VoteMatch provided another is genuinely locally owned. impetus for the parties to develop clearer and From March through May 2007, under the more consistent platforms. direction of the OSCE Mission to Georgia and Other activities were aimed at stimulating ODIHR, the capacity of the Centre was fur- inter-party dialogue at the highest level. With ther strengthened by in-house coaching and a number of party leaders participating in the training to improve the efficiency of its own A booklet about 2007 Human Dimension Seminar in Warsaw in management and its communications within effective participation May, for example, ODIHR used the opportunity Parliament and with other institutions and and representation in to organize an event on constitutional reform organizations. democratic societies. in Georgia. Leading international experts con- ODIHR co-ordinated a 10-day internship tributed to the discussions. Several party lead- for the Centre’s staff in Kosovo jointly with ers also took part in a networking exercise at the the OSCE Mission in Kosovo’s Assembly Sup- Partnership Days of the NIMD in October. As port Initiative. The experience greatly enhanced a result of these exercises, the parties identified the staff’s expertise in donor co-ordination and underscored the valuable experiences the OSCE 1 VoteMatch was created by the Amsterdam-based Institute can share between its field operations. for Politics and Public Participation more than a decade ago and has since been successfully introduced in Germany, Swit- With the backing of ODIHR and the OSCE zerland, and Bulgaria. Mission to Georgia, the Centre also carried

Annual Report 2007 27 Democratization

out a quantitative needs analysis for the Par- information at their disposal. Debates serve liament, focusing in particular on communi- a number of purposes that are crucial for the cation and equipment. This exercise resulted proper functioning of a democratic society: 1) in a publication that was distributed and dis- they provide oversight of government and care- cussed in a series of working sessions with par- ful scrutiny of its proposals; 2) input from the liamentary staff, members of parliament, and public, both expert and non-expert, improves donors to tailor future assistance programmes. the quality of policies and the policy-making Through its publications, monthly donor co- process; and 3) policies developed through a ordination meetings, and its weekly briefings consultative process are easier to implement as to the Parliament’s leadership, the Centre has a result of the greater sense of ownership. established itself as the Georgian Parliament’s Such informed debates on public policies main communication channel between interna- are only effective if the policies are subject to tional donors and the parliamentary leadership expert comment; discussions are conducted in in matters of reform. an appropriate manner; and the resulting infor- Throughout 2007, ODIHR continued to co- mation, comments, and feedback are properly operate closely with OSCE field operations in processed. This complex mechanism involves South-Eastern Europe in the area of parliamen- many actors such as government, parliament, tary assistance, in particular with regard to pub- administration, media, interest groups, insti- lic participation and access, improving internal tutes of learning, and the public itself. Profes- organization and procedures, developing the sional policy think tanks have a role in facilitat- role and capacity of standing committees, and ing and contributing to this debate. The role of assisting national parliaments in the co-ordi- think tanks and of political science is still weak nation of donor efforts. In addition to foster- in a number of OSCE participating States, leav- ing co-operation and exchange of experiences ing the government as the sole policy-making in South-Eastern Europe, ODIHR actively sup- and policy-discussion institution. Political sci- ports the use of experts from these field opera- ence by its very nature has a critical function: to tions in other parts of the OSCE region. assess political reality. In the former Yugoslav Republic of Mace- In an effort to strengthen democratic gover- donia, for example, ODIHR assisted the OSCE nance through public debate and professional Spillover Monitor Mission to Skopje in carrying analysis, ODIHR co-operated closely with the out a qualitative needs assessment of the Par- Institute for Public Policy in Bishkek through- liament’s research and analysis capacities. The out 2006 and 2007. purpose of this assessment, which was carried ODIHR assisted the Institute in updating and out by a parliamentary expert from the OSCE publicizing its website, a factor in increasing its Presence in Albania, was to present a range of own public profile, as well as that of the role of options available in establishing a parliamen- independent analysts in the policy debate. The tary analysis service, one of the key instruments Institute’s 53 policy reports on domestic pol- for increasing the quality of legislation and for itics, foreign policy, and economics are now empowering deputies. available on the website. The profile of the Insti- tute and think tanks in general has increased Building local capacity for political analysis and expert comment and advice is increasingly One of the fundamental elements of sound dem- being sought by the media, as well as by govern- ocratic governance is a broad and well-informed ment officials. public debate on government policies. Such a ODIHR is currently seeking to expand and debate can only be effective if participants (such diversify the base of political think tanks in Kyr- as journalists, politicians, and academics, as gyzstan by brokering partnerships with experi- well as the public at large) have the necessary enced young actors in this field to ensure greater

28 Annual Report 2007 Democratization

plurality of opinion and to broaden the reach of Strengthening women’s organizations and public debate throughout Kyrgyzstan. networks In order to promote reforms aimed at increas- III. Gender equality ing the representation of women in governance As a vital part of its democracy-building agenda, structures, women from grassroots and national ODIHR works to foster women’s participation civil society organizations need to be strong in governance structures and promotes equality leaders and actively participate in public life, of rights and opportunities among women and including through effective advocacy and lobby- men in political and public life. These efforts ing for legislative and policy changes. are designed to counter recurrent trends in ODIHR conducts activities in the field of many of the OSCE participating States, where women’s leadership development in order to women tend to be significantly underrepre- provide assistance to strengthen new and exist- sented in decision-making fora. ODIHR has ing women’s networks and coalitions. ODIHR been addressing this issue by developing plat- initiatives in this field are designed to provide forms for interaction between civil society and support to these groups in policy analysis, proj- governments and by supporting mechanisms ect development, advocacy and public informa- for integrating gender expertise into govern- tion/media campaigns for promoting gender ment policies. ODIHR supports collaboration equality and combating domestic violence. among women’s networks in the South Cauca- In Kyrgyzstan, the Regional Women’s Net- sus, Central Asia, and Eastern and South-East- work — established with ODIHR support — ern Europe in order to promote women’s politi- continues to foster women’s leadership and to cal participation and an increased role in deci- promote opportunities for women to participate sion-making processes. in decision-making processes at the local level. ODIHR has been implementing a multi- In 2007, ODIHR continued to provide expertise year programme aimed at increasing the par- and funding to the Network to develop initia- ticipation of women in democratic governance. tives in monitoring local media outlets to assess Activities focus on fostering women’s leader- the quality of gender-sensitive reporting and ship, political participation, and coalition-build- the development of public information cam- ing among women’s NGOs to enable them to paigns on gender equality in the decision-mak- promote awareness of gender equality and fos- ing process. These activities served as an impor- ter the policy reforms necessary for combat- tant factor in mobilizing women across the civil ing gender-based discrimination in all areas of society sector to advocate for special measures public and private life. Programme activities in the Constitution and the Election Code that also contribute to developing a greater capac- would ensure a substantial increase in the rep- ity of state structures to promote gender-sensi- resentation of women in parliament. After con- tive policy-making. Examples include training- stitutional reforms brought early parliamentary of-trainers workshops on gender equality and elections and changes to the Election Code that women’s rights, capacity-building seminars for ensured women candidates higher positions on women’s NGOs and networks, providing assis- party lists (every fourth position is required to be tance in developing expertise within state insti- of a different gender), ODIHR provided exper- tutions for the promotion of gender equality, tise to the Network in support of wide-scale and providing training for state structures and voter-education activities for women in rural NGOs in preventing and combating violence areas, as well as training workshops for promot- against women. ing women’s leadership and political participation in all regions of the country. In Georgia, ODIHR continues to assist the Women’s NGO Coalition in developing its

Annual Report 2007 29 Democratization

capacity to advance women’s political partic- for women members of political parties and ipation and foster policy measures for equal- active members of civil society organizations in ity of rights and opportunities among women order to increase women’s political participa- and men. Throughout 2007, ODIHR provided tion in the parliamentary elections in May. Pro- expert assistance to the Coalition to reform its gramme activities, conducted by the Association internal working structure and continued to in conjunction with experts from the Armenian assist in the process of registering the coalition National Assembly and leading political par- as a legal entity with the participation of all of its ties, served to provide opportunities for infor- currently active members. In addition, ODIHR mation-sharing and dialogue among women conducted several workshops for the Coalition members of various political parties, as well as on strategies for developing public information/ with women who are active in civil society. In media campaigns on gender equality. addition, training seminars were organized for women from various political parties on politi- Increasing women’s political participation and cal campaigning and programme development access to decision-making methodologies, as well as on existing interna- ODIHR focuses on the development of sustain- tional commitments and standards in promot- able strategies for strengthening women’s leading democratic electoral practices and women’s ership and co-operation between civil society participation in political processes. and government in promoting gender equal- In Kyrgyzstan, ODIHR provided expertise ity. By supporting co-operation between civil and technical assistance to its main civil soci- society representatives and elected officials at ety partner, the Agency for Social Technolo- the national and local levels, ODIHR aims to gies, and to the Regional Women’s Network in enhance advocacy and other mechanisms for developing a multifaceted lobbying campaign to increased access and participation of women in support women’s political participation. Activ- policy-making processes. Similar initiatives are ities focused, in particular, on awareness-rais- also being designed to foster increased inter- ing among current members of parliament on action among civil society and political parties the importance of special electoral measures for in order to promote opportunities for women’s increasing women’s political participation and advancement within political party structures engaging with legislators in a direct dialogue on and in government. including such measures in the Election Code. In Armenia, for example, ODIHR provided As a direct result of this activity, the draft law on expertise and financial assistance to the Associ- amendments to the Election Code includes spe- ation of Armenian Women with University Edu- cific provisions that ensure equal representation cation to conduct a series of training workshops of women and men on political party lists. In on political and civil rights, public participation, addition, strategically designed media campaign political party development, and electoral issues activities, including special actions outside Par- liament, participation in parliamentary hearings, press conferences, meetings with members Azeri police officers of parliament, and effective media outreach, discuss domestic successfully prevented legislative changes that violence at a training would have legalized polygamy in Kyrgyzstan. course at the police

academy in Baku. Combating domestic violence In many parts of the OSCE region, state authorities often lack the necessary expertise, capacity, or political will to prevent and prosecute CE

OS cases of domestic violence. This situation is

30 Annual Report 2007 Democratization

Tiina Ilsen (centre), Head of ODIHR’s Gender Unit, with participants at a workshop on women’s leadership and participation. rlan u c Go Eri particularly prevalent in those countries where violence. In 2007 in Azerbaijan, ODIHR contin- domestic violence is traditionally viewed as a ued to provide assistance in training regional private issue, and where no legal measures exist police representatives on the role of the police for prosecuting perpetrators and protecting vic- and methods for preventing and prosecuting tims. Since the adoption of the revised OSCE cases of domestic violence. In addition, ODIHR Action Plan for the Promotion of Gender Equal- supported the development and piloting of the ity in 2004, ODIHR has reinforced its activities first training course on preventing and combat- in the field of preventing and combating domes- ing domestic violence, which was included in tic violence with a special focus on strengthen- the curriculum of the Baku Police Academy. ing the awareness and capacity of state struc- Following this training, ODIHR, in partner- tures and civil-society organizations to effec- ship with the Austrian Federal Police, orga- tively prevent domestic violence, prosecute per- nized a training-of-trainers workshop for teach- petrators, and address victims’ needs. ers at the Baku Police Academy and representa- ODIHR’s approach to this work is based on tives of Symmetria at the Vienna Police Acad- three key areas: sensitization of law enforcement emy in order to familiarize them with the cur- agencies towards the issue as a crime; building riculum and teaching methods used. In addi- the capacity of law enforcement authorities to tion to the skills gained, the relations formed play an effective role in preventing and com- between Azerbaijani police officers and Symme- bating domestic violence; and promoting co- tria resulted in a joint effort with the Ministry of operation between law enforcement bodies and Interior for the establishment of an intervention NGOs on strategies and measures to prevent centre for victims of domestic violence. and combat this crime. In Georgia, ODIHR continued to provide Since 2003, ODIHR has been working closely expert assistance and funding to the Anti-Vio- with police and women’s NGOs in Azerbaijan lence Network of Georgia, which unites local and Georgia to assist them in building a sound women’s-rights activists and the representatives legal framework and necessary law enforce- of local self-government bodies from rural areas, ment capacity to prevent and combat domestic to organize training on the implementation of

Annual Report 2007 31 Democratization

Participants from regional networks in Azerbaijan and Kyrgyzstan attend a workshop on women’s leadership in Bishkek in April. rlan u c Go Eri

the Law on Protection of Victims of Domestic Developing effective national institutions to Violence, adopted by Georgia’s Parliament in mainstream gender equality into policy-making May 2006. Overall, some 150 police officers took ODIHR promotes the development of state part in the training. In addition, ODIHR contin- institutions that are specifically mandated to ued to assist the Network in operating a crisis promote gender equality within the executive centre and a shelter for victims of domestic vio- or legislative branches of the national govern- lence. This included provision of expert assis- ment. The effective functioning of such agen- tance on methods of victim rehabilitation and cies is central to the development, implementa- the development of legislative initiatives related tion, and monitoring of state legislation and pol- to victim protection and rehabilitation issues. icies on gender equality. The 1995 Beijing Plat- In Ukraine, ODIHR, jointly with the OSCE form for Action points out that the main task of Office of the Project Co-ordinator in Ukraine, national mechanisms is to support government- conducted the first training workshop on the role wide mainstreaming of a gender-equality per- of police in preventing and combating domestic spective in all policy areas. They are also man- violence with experts from the Austrian Federal dated to encourage the active involvement of a Police for the heads of precinct police from all broad range of institutional actors in the pub- 27 territorial units of Ukraine. The aim of the lic, private, and voluntary sectors to work for training workshop was to give senior Ukrai- equality between women and men and to pro- nian police officers insights into the problem of mote and establish co-operative relations with domestic violence against women and children, relevant branches of government, NGOs, aca- to raise their awareness of this issue, and to demic and educational institutions, the private develop solutions on their own concerning the sector, and the media. improvement of police work and means of com- In many countries in transition, particularly bating domestic violence in practice. in the South Caucasus and Central Asia, such

32 Annual Report 2007 Democratization

agencies were established following the Fourth Integration of gender-equality studies in World Conference on Women in 1995, but they national education curricula have faced significant constraints in perform- In 2007, ODIHR continued to provide assis- ing their tasks. Challenges include marginaliza- tance in promoting education on gender-equal- tion in national government structures; insuffi- ity issues in Armenia. ODIHR, in co-operation cient support from national political leadership; with the Association of Women with University dependence on donor funding, and the accom- Education, provided expertise and financial sup- panying implication that gender-equality issues port for the teaching of gender-equality courses are a foreign import; unclear and weak man- in more than 30 high schools and 10 universities dates; and a lack of adequate staff, expertise, and in Yerevan and in nine regions of the country. In resources. addition, ODIHR initiated a review of the high- ODIHR undertakes initiatives to help school curriculum on civic education and will strengthen such national structures through provide further expertise on the gender-main- activities aimed at developing expertise, trans- streaming of this curriculum in 2008. parency, and accountability in their work. Assis- In the former Yugoslav Republic of Macedo- tance includes support in organizing staff train- nia, ODIHR supported the organization of a ing on women’s rights, gender-sensitive policy two-week course at the International Summer planning, gender-budgeting, and outreach to University in Bitola in July on gender, ethnicity, civil society partners and think tanks to pro- and democracy, which brought together more mote wider public input into their activities. than 20 representatives of various universities In Ukraine, ODIHR conducted a number of from across the country and members of civil capacity-building workshops in 2007 for elected society organizations from all Balkan countries. women officials in municipalities on integrating gender aspects into local policy-making, IV. Migration/freedom of movement and it assisted representatives of local govern- increased population mobility has become one ment bodies in the Chernivtsi, Kirovohrad, and of the main characteristics of modern societ- Zaporizhzhya regions to develop action plans ies. As people move both within their coun- for promoting gender-equality measures in the tries and between countries, migration pat- policy-making process. The development of terns are becoming ever more complex. Regu- these action plans involves a broad range of local lated migration can be a positive factor in eco- stakeholders from elected officials from various nomic and social development for both host and political parties to local civil society experts and home countries and can contribute to increased is designed to identify action necessary for gen- understanding among cultures and to democra- der-mainstreaming of locally developed public tization trends. policies. OSCE participating States have undertaken Furthermore, ODIHR provides governments a number of important commitments to create with advice on the development of state policies conditions to facilitate the movement of peo- and national action plans on gender equality. In ple across borders, as well as within their own 2006-2007, upon a request from the Unit for countries, and to protect the human rights of Gender Equality of the Ministry of Labour and migrants. Social Affairs of the former Yugoslav Republic A number of OSCE participating States have of Macedonia, ODIHR provided expert guid- taken steps to accommodate waves of migrants ance on international standards and best prac- in recent years, though sometimes the necessary tices for developing a national action plan on policy and legal frameworks for their protection gender equality. are not yet in place. Notwithstanding the efforts of ODIHR and its many partners, there remain serious obstacles

Annual Report 2007 33 Democratization

Participants discuss migration at a conference on new immigration legislation in the Russian Federation held in Moscow in December. irova m ladi a V g l O

to protecting the human rights of migrants in Under this system, anyone wishing to change the OSCE region. Restrictions still exist in many their place of residence within their country is places on the movement of citizens within their required to obtain written permission from the own country and between countries, while the state authorities to do so; otherwise, access to lack of information on migration laws and the state services, even the right to work or to enrol policies of other participating States pose a chal- in a school or institution of higher education, lenge to citizens and governments alike. More- could be denied. over, misconceptions persist throughout the Other participating States are modernizing OSCE region regarding the impact of migrants, their population registration systems in order and there is a limited understanding of the ben- to keep track of demographic data and popu- efits of migration. lation movements or to improve the quality of citizen identification documents. The creation Internal migration of modern and politically independent popu- Assistance in reforming population registration systems lation registration systems can have an impact and related areas on the transparency of electoral systems by The Soviet-era population registration system facilitating the compilation of accurate voter known as propiska is still applied — though often registers. under a different name but with minor changes ODIHR provides assistance in developing a in registration procedures — in a number of conceptual and legal basis for the reform of pop- countries in Eastern Europe and Central Asia. ulation registration systems, and offers expertise This system imposes legal and administrative in drafting concepts, laws, and regulations. restrictions on the freedom of movement and In Ukraine, ODIHR published a practical the choice of place of residence. These restric- commentary on the Law on Freedom of Move- tions violate both domestic and international ment and Free Choice of Place of Residence, laws and contravene the fundamental rights to which will be presented in 2008 to officials, freedom of movement and choice of place of experts, and NGOs dealing with the implemen- residence enshrined in OSCE commitments. tation of the law.

34 Annual Report 2007 Democratization

Participants at a Moscow conference on new immigration legislation in the Russian Federation. irova m ladi a V g l O

In co-operation with the OSCE Presence in developed by the working group, was adopted Albania, ODIHR assisted the Albanian Gov- by the Parliament in May. The new law provides ernment with its planning of the moderniza- for a common, non-discriminatory, and simpli- tion of the population registration and address fied procedure for granting Kyrgyz citizenship systems. The resulting planning document pro- and could contribute to reducing the number of vided the basis for a technical-assistance project stateless people in the country. by the OSCE Presence that started in 2007 and will continue into 2009. Cross-border migration In Azerbaijan, ODIHR conducted an expert Promoting interstate co-operation on labour migration evaluation of the amendments to existing leg- and integration of migrants into host societies islation and the concept for reforming the civil Strong economic growth and changes to demo- registration system and creating a civil registry graphic structures have led to labour shortages database. in some OSCE participating States, while others While many newly independent states in the are experiencing high levels of unemployment. OSCE region have established national legisla- As a result, migration has become a significant tion on citizenship and related procedures, many social and economic phenomenon in the OSCE governments are still addressing these issues, region. There is a need for redoubled efforts on sometimes in such a way that people are left the part of both sending and receiving countries without proper identity and travel documents. in order to reap the benefits of this process. In Kyrgyzstan, ODIHR continued providing In 2007, the Russian Federation and Kazakh- assistance for the development of new legisla- stan continued to be the main destination coun- tion on citizenship. In 2006, the Office supported tries in the post-Soviet area for migrant work- the establishment of a working group comprised ers, mostly citizens of neighbouring countries, of members of parliament, as well as lawyers including a growing number from Central Asia. from state institutions, parliament, civil soci- Many of these people are irregular migrants, ety and the National University, to develop leg- unable to obtain registration and rights to legal islation on citizenship. The final draft of the law, employment due to existing regulations.

Annual Report 2007 35 Democratization

In the Russian Federation, ODIHR, in co- verifications indispensable to ensuring the effec- operation with the International Organization tiveness of the legislation. Ultimately, the real for Migration, continued providing expertise to test of a law’s effectiveness is its implementation: migration authorities, in particular since new how it is treated by law enforcement, how it is migration legislation came into force in Janu- interpreted by the courts, how it is respected or ary. A survey was carried out in 2006 to iden- implemented by the target population. tify possible challenges related to the implemen- In lending support to OSCE states in the tation of the new legislation, and recommenda- development of sound legislation, ODIHR first tions for improvements were made. The results focuses on helping lawmakers draft legislation of the survey were presented at a workshop in that complies with the relevant international Moscow at the end of 2007. standards on a particular issue in all areas of the human dimension. During the law-drafting V. Legislative support stage, ODIHR experts provide advice on how to Most countries, including those in the OSCE ensure that international standards are properly region, face the task of drafting and adopting reflected, while also sharing experiences and legislation on a regular basis. This entails trans- practices from other countries that have dealt lating policies into practice by ensuring that with similar issues. the laws passed measure up to the purposes for Drafting a good law, however, is only half which they were conceived. One of the consid- the work. Experience has shown that the most erations to be taken into account when draft- effective and efficient laws are the result ofa ing and adopting legislation is compliance legislative process that is composed of sev- with relevant international standards. For this eral stages such as policy analysis, a regulatory to be ensured, laws must be prepared, drafted, impact assessment, evaluation of draft legisla- adopted, and published through clearly defined tion before it is adopted, gathering input from stages and within a pre-determined time frame. those who will be affected by the legislation, and Only such a properly managed process allows monitoring how the legislation is implemented. for thorough discussions of the draft at each of ODIHR’s provision of assistance to OSCE its steps, as well as the performance of certain participating States on individual laws has revealed common problems in the management Assessment Methodology of the law-making system. The same weak- There are three main aspects to every assessment. First, an assessment should be compre- nesses tend to re-emerge time and again, sug- hensive, covering the entirety of the process by which legislation is prepared, drafted, dis- gesting that, rather than addressing them on an cussed, adopted, published, communicated, and evaluated. Second, it should describe the sys- individual basis, law by law, the focus should be tem both on paper and in practice. Finally, it should be objective and sufficiently detailed to on addressing the underlying causes. Therefore, support credible recommendations for reform. An assessment is a three-stage process. An initial on-site visit aims to ascertain the level of in addition to providing advice on the substan- interest or support on the part of the relevant state authorities and to gather preliminary data tive drafting of legislation, the Office also assists on the legislative system, which is then followed by the preparation of a preliminary report states in the development of effective, open, and giving a description of the key features of the legislative system. A second visit is conducted to transparent legislative processes. interview senior members of government, parliament, civil servants, legal professionals, and non-governmental organizations on the basis of questionnaires sent in advance. The third and Strengthening capacity for legislative reform final stage involves the preparation of a report that provides an overview of the existing proce- Legislative reform is high on domestic agen- dures and practices, an assessment of those procedures and practices, and recommendations das throughout the OSCE region. Whether as for addressing any shortcomings identified. a result of a commitment to meet international An assessment is expected to act as a catalyst for reform. Whether it achieves this depends, standards or as a reaction to emerging domestic of course, on the response of national decision-makers. If there is support for reform, then or international issues and challenges, existing ODIHR’s approach is to insist that the reform process be home-grown, comprehensive, and laws are continually being assessed, reviewed, properly integrated. and revised, and new laws are being drafted and

36 Annual Report 2007 Democratization

adopted. In many cases, however, the structures provided the drafters, stakeholders, and rep- or procedures needed to produce effective legis- resentatives of the international community, lation do not evolve in a commensurate manner. including ODIHR, with an opportunity to pres- Obstacles to good law-making emerge when a ent their views and comments and address any new issue is being dealt with for the first time contentious issues. A number of suggestions for and when expertise is not readily available. In improvement of the draft law made by ODIHR other cases, expertise is available, but the failure were eventually taken into consideration by the to plan adequately results in a hasty process that authorities. fails to include civil society. While ODIHR uses this approach in all OSCE Upon request, ODIHR lends assistance to participating States, special efforts have been states to make up part of this capacity gap. This made within the framework of a joint pro- primarily consists of providing legal expertise gramme with the European Commission with to assess compliance with relevant standards, regard to Central Asia, where the work of leg- making recommendations to improve draft legislators is often impeded by the scarcity of legal islation, and sharing good practices that may resources. The programme’s priorities included help law drafters explore options other than closely following legislative developments in those originally considered. In terms of shar- the region, improving access to legal informa- ing good practices, ODIHR’s legislative database tion, ensuring follow-up on ODIHR recommen- (www.legislationline.org) is a widely used tool dations, and promoting local networks of legal for all those involved in legislative reform. When expertise. A legislative assistance co-ordina- providing assistance on specific laws, ODIHR tor for Central Asia was appointed to increase takes the opportunity to make recommenda- ODIHR’s capacity in these areas and to mobilize tions on the legislative process itself. the relevant expertise to fulfil these objectives. ODIHR provides direct assistance to lawmak- When addressing issues of relevance to law- ers while the legislative process is under way. makers in a number of OSCE participating ODIHR experts work closely with local actors States, ODIHR may consider alternatives to and make constructive recommendations that providing expertise on individual laws. One take into consideration the specifics of the option is to offer expertise through the drafting domestic legal system. of guidelines aimed at informing those respon- Assistance does not, however, end at the law- sible for drafting legislation about the develop- drafting stage. Due attention is given to fol- ment and requirements of international law on lowing up on recommendations both to clarify the topic considered. Guidelines may include them for legislators and other relevant parties examples of national legislation illustrating var- and, if necessary, to help incorporate them into ious means of satisfying the requirements of the draft legislation under consideration. Such international law. follow-up may take the form of conducting con- In 2005, it became apparent that too little guid- sultations with authorities and holding roundta- ance was available to legislators and other stake- ble discussions on draft legislation. In May, for holders on modes for regulating the exercise of example, ODIHR took part in roundtable dis- freedom of peaceful assembly at the national cussions in Chisinau on the draft Law on Polit- level. Simultaneously, a number of states were ical Parties. These discussions were organized in the process of developing or amending legis- within the framework of the Joint Project of the lation on the subject. Therefore, ODIHR devel- Council of Europe and the European Commis- oped guidelines to serve as a reference docu- sion against Corruption, Money Laundering and ment for drafting, reviewing, and monitoring Terrorist Financing in the Republic of Moldova. the implementation of legislation on freedom ODIHR’s comments on that draft served as one of assembly that were published in 2007 in both of the bases for the discussions. The roundtable English and Russian. The panel of experts that

Annual Report 2007 37 Democratization

drafted the guidelines is now responsible for comment on it. Finally, once the law is passed updating them, and is also expected to offer its and enacted, its functioning and effectiveness expertise to OSCE participating States wishing are monitored and assessed on a regular basis. to introduce or improve existing laws and regu- While reviewing individual pieces of legisla- lations in this area. tion, ODIHR has found that some or all of these stages are missing or not properly regulated or Improving legislative efficiency and conducted in the legislative processes of coun- transparency tries undergoing political transition or conducting major legislative reforms, resulting in inef- Experience has shown that the most effective ficient legislative processes that lack transpar- and efficient laws are the result of a clearly struc- ency. ODIHR also noted that the same weak- tured multi-phase legislative process. A piece of nesses were being encountered repeatedly, legislation usually begins with an analysis of the which suggests the need to address the under- proposed policy, combined with, or followed by, lying causes. an assessment of the potential impact of the leg- Therefore, ODIHR developed a pilot meth- islation (including its financial impact). Subse- odology to support domestic initiatives aimed quently, a legislative agenda and timetables are at making the legislative process more efficient, developed to ensure that adequate time is pro- open, and transparent. The point of departure vided for the preparation of various legislative is that any technical-assistance scheme needs to stages. The legislation is drafted in accordance be preceded by an assessment of the legislative with pre-established work plans and following process. The assessment phase aims to ensure standardized drafting techniques. Efficient and that any assistance provided is based on actual transparent procedures for co-ordination and needs and provides a basis for effective co-ordi- consultation are in place. In particular, those nation of the international community’s efforts. who will be affected by the legislation — inter- This methodology was consolidated in 2006 and est groups, NGOs, the public — are given ready 2007 on the basis of experiences with the first access to the draft law and ample opportunity to such assessment conducted in Georgia in 2005.

In addition to support of election legislation or legislation ensuring the implementation of human rights standards, such as freedom of religion or belief, ODIHR provided legislative reviews and legal commentaries on the following: Azerbaijan Law on Freedom of Assembly (revision) Belarus Draft Law of the Republic on Public Opinion Polling Kazakhstan • Draft Law of the Republic on Amendments to Selected Legislative Acts Concerning Arrest as a Preventive Measure • Legislation Concerning Labour Activity Undertaken by Foreign Citizens on the Territory of the Republic of Kazakhstan • Amendments to the Constitution of Kazakhstan Moldova • Draft Law on Political Parties • Draft Law on Assemblies Montenegro Draft Constitution of Montenegro Tajikistan Draft Law on Civil Society Organizations (Associations), as revised Turkmenistan Law on Migration, as revised Ukraine Draft Law on Civil Society Organizations Former Yugoslav Proposal for the Adoption of the Law on the Legal Status of Churches, Religious Communities, and Republic of Macedonia Religious Groups (Advisory Council of the ODIHR Panel on Freedom of Religion or Belief)

38 Annual Report 2007 Democratization

Follow-up activities are currently under dis- As a reference tool for a variety of users, it is cussion with Georgia’s Justice Ministry, and the most comprehensive database on legislation ODIHR has further updated its assessment related to more than a dozen human dimension report for Georgia. An assessment was con- issues such as human trafficking, elections, and ducted in the former Yugoslav Republic of Mace- citizenship. donia in 2007 upon the request of the authori- The website went through an overhaul in ties. A report was presented in December. Fol- 2006 and 2007, resulting in a comprehensive low-up activities to support the recommen- update of a number of topics, including traf- dations in the report are planned for 2008. An ficking in human beings, terrorism, freedom of assessment is planned for 2008 in Moldova, fol- information, and NGOs. A search engine for all lowing amendments to the parliamentary rules of ODIHR’s legal assessments was added, and of procedure made in 2007. the entire site was translated, and is now main- tained, in Russian. Systematic efforts were made in 2007 to collect and post domestic legislation and international texts in Russian.

ODIHR’s legislative database, Legislationline, is available at www.legislationline.org.

Improving legislationline.org Legislationline (www.legislationline.org) is a free-of-charge online legislative database that was created in 2002 to assist OSCE participating States in bringing their legislation into line with relevant international human rights standards. The database was designed to assist those who prepare and draft laws at the working level. Through Legislationline, they can obtain examples and options from other countries’ legislation that can help them make their own choices. The activities involved in maintaining the database not only benefit lawmakers but also permit ODIHR experts to observe patterns in legislative activity and identify good practices.

Annual Report 2007 39 Human Rights

“Human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of government.” — Charter of Paris for a New Europe, 1990 Human Rights

n order to help participating States fulfil have committed to fight terrorism and extrem- their obligations to protect and promote ism in full respect of human rights, fundamen- human rights and fundamental freedoms, tal freedoms, and the rule of law. In some coun- ODIHR monitors and assesses implemen- tries, this fight is being used as a pretext to rein- tation of, and compliance with, human rights force the power of the authorities and to restrict Icommitments, and also provides expert advice human rights. Also, non-governmental organi- and assistance, including training and capacity- zations, including human rights defenders, face building. a variety of obstacles while trying to conduct ODIHR’s human rights programmes have their activities, including restrictions on their three main activities in common: freedoms of association and assembly. kk Collecting information, monitoring, and reporting on the implementation of kk Protection of human rights in the fight against ter- commitments; rorism: International efforts to combat terror- kk Supporting the implementation of commit- ism are in some cases jeopardizing fundamental ments; and human rights, while certain counter-terrorism kk Addressing key human rights issues in the efforts have led to violations of human rights, OSCE region. including OSCE commitments. For example, individuals and rights groups have raised concerns about the protection of the rights of ter- Main Issues rorist suspects being transferred from one state to another. The practices of irregular rendi- Participating States have made extensive and tion and the use of secret detention centres and detailed commitments in the areas of human holding suspects in detention indefinitely with- rights and the rule of law. The effective imple- out charge pose clear threats to human rights. mentation of these commitments remains a challenge, in many areas, and for all states. Con- kk Death penalty: Participating States have com- sequently, they have created a number of spe- mitted to keeping the question of capital pun- cific OSCE instruments to monitor these com- ishment under consideration and to exchang- mitments and to assist them in this regard, ing information on abolition of the death pen- including the work of institutions like ODIHR. alty. Some of the participating States that retain In co-operation with numerous partners, gov- the death penalty continue to treat informa- ernments, civil society, and international orga- tion on capital punishment as a state secret, nizations, ODIHR has developed specific tools and the level of public discourse on the use of to fulfil its mandate, as well as detailed tasks the death penalty is often limited. OSCE com- from the participating States. Areas of specific mitments and international human rights law focus include the following: place a number of safeguards on the use of the death penalty, such as the requirement to ensure kk Threats to fundamental freedoms: Effective that trials leading to the imposition of the death implementation of commitments not only penalty comply with national and international implies the existence of strong institutions and fair-trial standards. Concerns remain about the guarantees for a vibrant civil society, but also imposition of the death penalty following trials the necessary political will. Participating States that fail to comply with fair-trial standards.

Annual Report 2007 41 Human Rights

kk Trafficking in human beings: For the fight against trafficking in human beings to be effective, mul- Activities tidimensional efforts are needed, including pro- In 2007, ODIHR conducted activities under the tection of victims and the provision of assis- following programmes: tance to them. While there have been increased efforts to combat trafficking for sexual exploita- kk Human rights and anti-terrorism; tion, there has also been an increase in traffick- kk Human rights training and education; ing for the purposes of labour exploitation. In kk Human rights and the armed forces; this regard, a number of states have been slow kk Monitoring compliance with human to respond, thus contributing to the failure to dimension commitments; ensure the rights of trafficked persons to justice kk Support for human rights defenders and and protection. national human rights institutions; kk Anti-trafficking; and kk Human rights and the armed forces: Armed forces kk Human rights, women and security. personnel are entitled to the same rights and freedoms as all other people, subject to certain I. Human rights and anti-terrorism limitations imposed by military life. However, A state’s failure to respect human rights and the the extent to which they are able to enjoy their rule of law in the fight against terrorism can add human rights and fundamental freedoms differs to the sense of injustice and persecution felt by significantly across the OSCE region. This may some sectors of society and thereby exacerbate be due to restrictions on the exercise of certain conditions conducive to the recruitment of ter- rights, or it may also be due to the existence of rorists and the furtherance of violent extrem- legislative and regulatory shortcomings and the ism. Prosecution of terrorist suspects that does lack of appropriate control mechanisms for the not respect human rights may lead to miscar- protection and enforcement of these rights. riage or denial of justice; thus, not only may the perpetrators of terrorist acts enjoy impunity, but kk Human rights, women and security: While OSCE this may also undermine the confidence of the participating States recognize that the promo- population at large in the state’s ability to protect tion of gender equality contributes to a compre- them. Allegations of serious human rights viola- hensive approach to security, there is generally tions by the state, such as torture and the illegal insufficient consideration of women’s rights and use of lethal force, can serve to bolster extrem- gender aspects in security-related areas of con- ist discourse, while state actions that suppress cern, such as in the development of strategies political and religious groups can prevent dem- for conflict prevention and conflict early-warn- ocratic discussion of issues and lead to dissent ing indicators, and in security-sector reform. In taking other more radical forms. keeping with United Nations Security Council Resolution 1325 on Women, Peace and Security (UNSCR 1325), women’s equal participation in A manual on decision-making with regard to conflict pre- protecting human rights while vention, conflict resolution, and gender-main- countering terrorism. streaming is vital for maintaining and promoting peace and security. The implementation of UNSCR 1325 varies within the OSCE region — so far, only a small number of participating States have developed national strategies for its implementation.

42 Annual Report 2007 Human Rights

The Head of the Swedish Delegation to the OSCE Parliamentary Assembly, Walburga Habsburg Douglas (right); ODIHR Director Christian Strohal (centre); and Aliaksandr Bialiatski, Vice President of FIDH, at the launch of a report on attacks on human rights defenders, Vienna, 10 December. nnarsdottir u r G u Urd

ODIHR assists participating States in several the fight against terrorism and can address its ways to address the threat of terrorism so that root causes, particularly intolerance and incite- they respect human rights. For example, ODIHR ment. In March, ODIHR, in co-operation with conducts a training programme for senior public the Fundació CIDOB (Centre for International officials that brings together policy makers from Relations and Development Studies), organized various ministries to raise awareness about rel- an informal working-level meeting on the role evant international standards and to assist them of civil society in preventing terrorism with in applying these standards in their daily work. a view to strengthening partnerships and co- This training is designed to allow policy makers operation with civil society on issues relating to to discuss and develop multifaceted strategies to the protection and promotion of human rights prevent and combat terrorism. In 2007, national in counter-terrorism. training courses were carried out in Ashgabat, The objectives of the meeting were twofold: Baku, and London. In addition, ODIHR com- first, to identify how civil society can render pleted work on a manual on human rights and practical assistance in the prevention of terror- counter-terrorism that provides in-depth back- ism; and second, to identify challenges to the ground on the rights at stake in counter-terror- participation of civil society in this work, includ- ism and the relevant standards that apply in the ing the implications of governmental counter- OSCE region. terrorism law and policy. Some thirty NGO par- Recent experience has shown that civil society ticipants joined ODIHR, the Office of the OSCE organizations can give states valuable support in High Commissioner on National Minorities,

Annual Report 2007 43 Human Rights

the OSCE Secretariat’s Action against Terror- environment, teaching and learning practices ism Unit, and the Spanish Chairmanship in the and tools, professional development of teachers meeting, which highlighted the importance of and other educational personnel, and evaluation increasing the international solidarity of civil and assessment approaches and tools. society and strengthening partnerships and co- Over the last two years, ODIHR, in conjunc- operation with the OSCE and ODIHR. Partici- tion with NGO partners, has trained represen- pants agreed on a set of recommendations for tatives from civil society from various regions OSCE participating States, ODIHR, and civil of Armenia and Tajikistan to work in human society. rights. The aim of the training was both to equip new activists with knowledge and skills related Solidarity with victims of terrorism to human rights and to build the capacity of A high-level meeting on victims of terror- existing groups. Participants not only acquired ism was jointly organized by the Chairman-in- knowledge in the field of human rights but Office and ODIHR in September in Vienna. The also had the opportunity to practise their skills meeting brought together more than 200 rep- by undertaking human rights monitoring and resentatives from participating States, civil soci- advocacy. Issues addressed included the rights ety groups (including victims’ associations), and of disabled persons, human rights in the armed legal professionals from across the OSCE region forces, monitoring incidents of violence in and provided an opportunity to discuss how to schools, informal payments in schools, women’s define victims of terrorism for the purposes of rights, freedom of the media, and the violent domestic policy-making, victim assistance pro- treatment of pupils by teachers. ODIHR’s train- grammes, victims’ role and status in legal pro- ing emphasized advocacy work, with the objec- ceedings, and how governmental and non-gov- tive of achieving systemic change to address ernmental agencies could best work together human rights violations. in providing practical support to victims of ODIHR continued in 2007 to offer a course terrorism. for OSCE field staff working in the various areas of the human dimension of security. Apart from II. Human rights training and education thematic sessions covering human rights moni- Human rights education and training are under- toring, human rights in the fight against terror- taken to equip members of government institu- ism, rule of law, anti-trafficking, Roma and Sinti tions and of civil society with the experience issues, democratic governance, legislative assis- and skills necessary to have the greatest possi- tance, gender mainstreaming, elections, and ble impact in their communities. The need to national minorities, the course also provides a improve skills also extends to OSCE staff, espe- unique opportunity for OSCE staff to exchange cially when working in field missions. experiences and best practices. More than 100 In 2007, ODIHR began working with the OSCE staff from all field operations, the Secre- Council of Europe, the Office of the United tariat, and institutions attended four courses in Nations High Commissioner for Human Rights, Warsaw. and UNESCO, with the support of Human Rights Education Associates, to produce a com- III. Human rights and the armed forces pendium of good practices in human rights edu- Following consultations with governments, cation in school systems, including citizenship experts, and non-governmental organizations, education and education for mutual respect and ODIHR is finalizing a handbook on human rights understanding. The compendium will consist of and fundamental freedoms of armed forces per- entries that correspond to the plan of action of sonnel, which will be published jointly with the the UN’s World Programme for Human Rights Geneva Centre for the Democratic Control of Education: policies and curricula, the learning Armed Forces in 2008. The handbook provides

44 Annual Report 2007 Human Rights

recommendations to participating States, drawn 2007 following the observation of some 730 from best practices from across the OSCE area, court sessions in eight regions of the country. on how they can best secure the enjoyment of The project’s final report was released at the human rights by members of the armed forces. Supreme Court in February, where represen- ODIHR also co-operated with the Council of tatives of Parliament, the Supreme Court, the Europe’s Committee of Experts for the Develop- Constitutional Council, the Office of the Prose- ment of Human Rights’ Group on Human Rights cutor-General, the Ministry of Justice, and civil in the Armed Forces, utilizing the expertise it society met to discuss the report’s findings with had built up in past roundtables and in draft- respect to the compliance of Kazakhstan’s crim- ing the handbook to contribute to a Council of inal courts with international and national fair- Europe Committee of Ministers Recommenda- trial standards, as well as recommendations tion on Human Rights in the Armed Forces. for reform. These included upholding the right of the public to attend court, ensuring equal- IV. Monitoring compliance with human ity of arms, and upholding the presumption of dimension commitments innocence. ODIHR’s monitoring of implementation of The OSCE Centre in Astana followed up on OSCE commitments by participating States the project by engaging Kazakhstan’s govern- helps identify areas where it may render techni- ment in dialogue on the recommendations and cal assistance or help states improve compliance carrying out a second round of trial-monitoring by providing capacity-building expert advice, or that lasted until the end of 2007. by facilitating dialogue between civil society and As part of the follow-up process, ODIHR national authorities. Specific areas include fair- participated in a series of consultations on the trial and capital-punishment safeguards. report that were held in May at the Almaty City Court and several other regional centres in Trial-monitoring Kazakhstan. These meetings provided a forum OSCE participating States have made a commit- for discussions on the practical implemen- ment to accept court observers as a confidence- tation of the report’s recommendations, e.g., building measure and to ensure transparency in the removal of metal cages from courtrooms the implementation of their commitments to throughout Kazakhstan. fair judicial proceedings. The purpose of trial- monitoring is to assess criminal-court proceed- Kyrgyzstan ings in terms of their compliance with OSCE ODIHR and the OSCE Centre in Bishkek com- commitments, international fair-trial standards, pleted a two-year trial-monitoring project in and national criminal-procedure laws. Trial- Kyrgyzstan in 2007. During the monitoring monitoring is concerned only with the fairness period, 26 monitors observed 1,134 court ses- of a trial, not with the guilt or innocence of the sions. The final report on the project, which accused. The information gathered by monitors was released in Bishkek at the end of Novem- attending court hearings can form the basis for ber, includes findings about compliance with recommendations for the reform of legal sys- international and national fair-trial standards tems, as well as for the development of institu- and also identifies possible areas for reform. tion-building projects by ODIHR or other inter- The launch of the report involved a discussion A report on a trial- national and national organizations. with members of the judiciary, prosecutors, and monitoring project in defence lawyers, and was followed by a public Kyrgyzstan. Kazakhstan roundtable that brought together legal profes- A two-year trial-monitoring project in Kazakh- sionals and representatives of civil society. stan, conducted jointly by ODIHR and the OSCE Centre in Astana, came to an end in

Annual Report 2007 45 Human Rights

Moldova promotes their interests. In addition, the Focal ODIHR continued to assist with a trial-monitor- Point undertakes activities aimed at strengthening project conducted by the OSCE Mission to ing co-operation between NHRIs and state offi- Moldova. The project’s first six-month analytical cials on the one hand and with civil society on report, “Preliminary Findings on the Experience the other. of Going to Court in Moldova”, was launched The Focal Point has added a new dimension with ODIHR’s support in April in Chisinau. to ODIHR’s monitoring work by closely following the situation of human rights defenders The death penalty throughout the OSCE region. ODIHR published ODIHR monitors developments regarding a report in December called Human Rights the death penalty with the aim of facilitating Defenders in the OSCE Region: Our Collective exchanges of information, increasing transpar- Conscience, which highlights threats to, and ency, and encouraging compliance with interna- attacks on, human rights defenders, as well as tional safeguards. their freedom of association, freedom of assem- ODIHR produces an annual publication, bly, and right to liberty and freedom of move- The Death Penalty in the OSCE Area, which is ment throughout the OSCE region. released at the Human Dimension Implementa- The Focal Point aims to enhance human tion Meeting. This publication provides a com- rights defenders’ knowledge of human rights parative overview of the use of the death pen- standards; improve their advocacy, monitor- alty throughout the OSCE region based primar- ing, and strategy-formulation skills, and also ily on information provided by the participating increase their capacity to protect and promote States. human rights. ODIHR, in co-operation with Last year’s publication reflected a trend the OSCE Mission to Moldova and the Human towards the abolition and reduction in the use Rights Resource Centre CReDO, conducted a of the death penalty: Albania and Kyrgyzstan pilot project to train human rights defenders in abolished the death penalty; Kazakhstan, which international standards on freedom of assembly had been de facto abolitionist, became partly and to build their capacity to monitor and report abolitionist; and Moldova, Georgia, and France on freedom of assembly in Moldova. The five- removed death-penalty provisions from their day training course was conducted in Chisinau constitutions. Uzbekistan has since abolished in October, and coincided with the Justice Min- the death penalty as of 1 January 2008. istry’s elaboration of a draft law on freedom of assembly. Beginning in October, those who V. Support for human rights defenders underwent the training will monitor assem- and national human rights institutions blies throughout the country for a period of six months, and their observations will be compiled Focal Point for Human Rights Defenders and into a report that will be submitted to the Gov- National Human Rights Institutions ernment with the aim of further improving the Building on ongoing work across all of its pro- law and practice relating to freedom of peace- grammes and in response to one of the rec- ful assembly. ommendations made at the March 2006 Sup- Two further training courses were held that plementary Human Dimension Meeting on were aimed at strengthening co-operation “Human Rights Defenders and National Human between NHRIs and government and partner- Rights Institutions”, ODIHR established a Focal ships with civil society. The first of these was held Point for Human Rights Defenders and National in November in co-operation with the Office of Human Rights Institutions (NHRIs). The Focal the Human Rights Defender of Armenia and Point monitors the situation of human rights the OSCE Office in Yerevan. This was followed defenders, identifies issues of concern, and by a similar event in December in co-operation

46 Annual Report 2007 Human Rights

Astrid Ganterer (left) of ODIHR’s anti- trafficking programme speaks with Antonella Inverno of Save the Children Italy during a meeting on boys in the sex industry, Vienna, 19 October. nnarsdottir u r G u Urd

with the Office of the Ombudsman in Azerbai- to ensure protection and assistance to traffick- jan and the OSCE Office in Baku. Assisted by ing victims. contributions from experts from the UK Par- In essence, trafficking concerns the exploi- liamentary and Health Service Ombudsman tation of human beings. Until recently, partic- and the Swedish Ombudsman for Ethnic Dis- ipating States had focused almost exclusively crimination, state officials and representatives on the exploitation of trafficked persons in the of human rights NGOs were given an opportu- sex industry. However, they are now registering nity to make recommendations for strengthen- a growing problem with trafficking for labour ing their co-operation and partnership. During exploitation in traditionally low-wage employ- each training course, staff from the ombudsman ment sectors such as agriculture, construction, offices drew up a draft action plan based upon hospitality, and care work. Action to address these recommendations. trafficking has to take account of the varying forms of exploitation. VI. Anti-trafficking ODIHR aims to secure respect for the human Trafficking of human beings is a global prob- rights of trafficked persons by advising on pol- lem that affects all states in the OSCE region, icy developments in participating States and the whether as countries of origin, transit, or des- OSCE through direct talks with governments tination. Many participating States have taken and regional organizations, which is sometimes steps in recent years to tackle the challenges followed by training activities for state actors. posed, including by adopting anti-trafficking ODIHR hosts meetings and exchanges to review legislation, as well as by creating specialized emerging issues and keep abreast of practice law enforcement structures and mechanisms and problems. It conducts research to assess

Annual Report 2007 47 Human Rights

Janice Lam (left) of Anti-Slavery International, London, and Yun Gao of the International Labour Organization at an ODIHR workshop on compensation for victims of trafficking and exploitation, held in Barcelona in December. r e arah Crozi S

compliance with human rights commitments prepared for the Chairmanship on new anti- since there is often little detailed information trafficking commitments. available on the compatibility of state practice In contributing to policy development in with OSCE commitments to protect victims, the OSCE, ODIHR drafted a discussion paper as reflected in the OSCE Action Plan to Com- on labour trafficking in response to a request bat Trafficking in Human Beings. In doing so, from the Spanish Chairmanship and interested it aims to raise awareness of the political com- participating States in August. The paper pro- mitments and recommendations of the Organi- vided an overview of international standards zation, to identify future activities for technical and commitments on labour trafficking, taking assistance, and to advise governments on future into account new developments, and provided action. ODIHR also conducts research on topics a basis for a focused discussion during an OSCE where there is little available information, such Permanent Council meeting on OSCE labour- as trafficking for labour exploitation in Kazakh- trafficking commitments. Many of the recom- stan or compensation of trafficking victims in mendations from the paper were integrated into the OSCE region. It participates in grass-roots the subsequent Ministerial Council Decision on activities that offer assistance to trafficked -per Labour Trafficking adopted in Madrid. ODIHR sons and vulnerable groups, often in partner- also participated as a key member of a drafting ship with OSCE field offices, other international committee, alongside the UNODC and UNI- organizations, and NGOs. Finally, it co-operates CEF, that was established to develop EU rec- closely with the Office of the OSCE Special Rep- ommendations on the identification and pro- resentative on Combating Trafficking by writing tection of trafficked persons. The recommen- joint letters to governments to bring attention dations, which frequently refer to the guidance to individual cases of trafficking, hosting OSCE of the OSCE Action Plan to Combat Trafficking anti-trafficking focal-point meetings, exchang- to protect trafficked persons and the principles ing information, and contributing to the Repre- of National Referral Mechanisms (NRM), were sentative’s conferences and background papers presented by the European Commission on the

48 Annual Report 2007 Human Rights

first EU Anti-Trafficking Day in October. They also provides mediation services and access to establish an EU standard that will be a reference legal remedies for exploited migrants seeking for further developments. compensation and improved living and work- To better understand how referral mecha- ing conditions. nisms operate to protect victims of traffick- Continuing its ongoing support of the imple- ing for labour exploitation, a meeting of civil mentation of Kazakhstan’s National Anti-Traf- society organizations was organized in April ficking Action Plan, ODIHR assisted the OSCE that included migrant- and labour-rights orga- Centre in Astana in conducting a second round nizations, trafficking NGOs, and academics. of training for representatives of local authori- The findings from the meeting and consulta- ties. Training courses were organized in Aktau tions with these experts contributed directly to and Taraz, two of the biggest towns in Kazakh- ODIHR’s input on policy developments in the stan attracting labour migrants for work in con- OSCE and EU context. To strengthen partner- struction, oil fields, and agriculture, and where ships with organizations working on labour- cases of trafficking for labour exploitation have trafficking issues, many of the same migrant- been detected following joint research con- and labour-rights organizations were invited ducted by ODIHR and UNESCO on labour to participate in the Human Dimension Imple- migration and exploitation in Kazakhstan. mentation Meeting session devoted to a discus- These courses built on the first round of training sion of labour trafficking. They also contributed conducted in 2006 and focused on the identifi- to two side events organized during the HDIM cation of exploited migrants and lending them to advocate for the rights of migrant workers as assistance, general issues of protecting migrant an effective way of preventing trafficking. rights, and inter-agency co-operation. To assess compliance with human rights com- As follow-up to the September 2006 regional mitments on the protection of trafficked -per roundtable on “Building the Capacity of Roma sons, ODIHR initiated a series of assessments in Communities to Prevent Trafficking in Human 2006 in Belarus, France, Turkey, Russia, and the Beings”, ODIHR supported a number of project United Kingdom. In 2007, the Office held meet- initiatives in 2007: an exchange of social work- ings and exchanged comments on its assess- ers between Romania and Italy to build capac- ment reports with the governments of Belarus, ity in the areas of street and outreach work with Turkey, Russia, and the United Kingdom. These Roma street children and Roma communities; reports identified both good practices and gaps the training of peer educators for outreach work in legislation and policy on trafficking that in within a Roma settlement in Tirana, Albania; some cases have triggered improvements in providing information about rights and legal national practice. The assessment process has counselling for Roma civil society and commu- contributed to raising awareness of OSCE com- nity members in Albania. mitments, in particular of the role of NRMs In view of the increasing interest among civil in improving rights protection. The reports society organizations working on human traf- also flagged issues for future action. Following ficking and the absence of detailed informa- ODIHR’s assessment in Russia, for example, the tion on the compensation of trafficked -per Office launched a project to prevent trafficking sons in the OSCE region, ODIHR conducted for labour exploitation and improve protection a research project on compensation practices of victims’ rights. The project, implemented in in Albania, France, Moldova, Romania, Russia, partnership with ILO Moscow and the Con- Ukraine, the United Kingdom, and the United struction and Building Materials Industry States. A draft report on this research was pre- Workers Union of the Russian Federation, will sented for discussion and feedback during a increase the awareness of vulnerable migrants workshop for civil society and state actors from to exploitation and their right to assistance. It 10 OSCE countries in Barcelona in December.

Annual Report 2007 49 Human Rights

The aim of the research and workshop was to implementation of the Resolution. Three work- raise visibility of the issue of compensation and shops were held in Kazakhstan, Kyrgyzstan, and the need to simplify procedures, and it also Tajikistan (there were also participants from provided a networking opportunity for organi- Uzbekistan). The aim of the workshops was to zations and state actors in countries of origin explain the relationship between UNSCR 1325 and destination. and national-security concerns and to develop ODIHR took the lead in organizing a Supple- strategies for its implementation at the national mentary Human Dimension Meeting on “Com- level. The workshops succeeded in: (1) iden- bating the Sexual Exploitation of Children” in tifying priority issues in the fields of gender October. A parallel side event was held dur- and security; (2) formulating recommenda- ing the SHDM to draw attention to the grow- tions and drafting work plans; and (3) forming body of research on the exploitation of men ing a working group on implementation of the and boys in the sex industry, with the participa- recommendations. tion of ECPAT International, Save the Children In partnership with the NGO Working Group Italy, the Russian NGO Stellit, and Birmingham on Women, Peace and Security, ODIHR also University in the United Kingdom, which drew organized an expert discussion at the United much interest from delegates and the media. Nations in New York. Representatives from Kazakhstan, Kyrgyzstan, and Tajikistan pre- VII. Human rights, women and security sented results from their respective workshops on national implementation. United Nations Security Council Resolution 1325 on Women, Peace and Security Security-sector reform, women’s rights, and UN Security Council Resolution 1325 was the gender first-ever resolution passed by the Security Security-sector reform (SSR) constitutes a cru- Council that focuses specifically on women and cial part of efforts to promote security, peace, security. The OSCE took up the tasks outlined and human rights. In order to ensure that gen- in the resolution in its own Action Plan for the der issues are analysed, addressed, and main- Promotion of Gender Equality of 2004, which streamed into SSR initiatives, ODIHR part- calls on OSCE structures to promote implemen- nered with the Geneva Centre for the Demo- tation of the resolution on the role of women in, cratic Control of Armed Forces and the United inter alia, the prevention of conflicts and post- Nations International Research and Train- conflict reconstruction. ing Institute for the Advancement of Women All OSCE participating States have been in a project called “Gender and Security Sec- called upon to implement the resolution; as tor Reform: Creating Knowledge and Building member states of the United Nations, they have Capacities”. agreed to accept and implement the decisions The project promotes the integration of a of the Security Council. A number of countries, gender perspective into SSR initiatives by con- such as Sweden and the United Kingdom, have ducting new research on gender aspects of developed national action plans on implementa- SSR, including practical guidance for research- tion of UNSCR 1325. ers, policy makers, and practitioners on how Building on a regional roundtable held in to integrate gender perspectives into different September 2006 in Almaty on implementation areas of SSR. The project commissioned 12 gen- of Resolution 1325, ODIHR organized a series der and SSR “tools”, each relating to a particu- of training workshops, in co-operation with lar topic, such as “Defence Reform and Gender” the NGO Working Group on Women, Peace and “National Security Policy Development and and Security, for both government officials Gender”. The tools provide answers to the ques- and civil society representatives on national tions of why a gender perspective is of relevance

50 Annual Report 2007 Human Rights

to the respective topic, and how gender aspects can be integrated into the specific topic of SSR. The full set of resources form a “Gender and Security Sector Reform Toolkit”, which will be launched in 2008. The tools address a broad range of actors involved in SSR at different levels, including foreign and defence ministries and other relevant government structures, UN bodies, state bodies working on border management within national and regional contexts in Europe, and OSCE field offices.

Annual Report 2007 51 Tolerance and Non-discrimination

“Aggressive nationalism, racism, chauvinism, xenophobia and anti- Semitism create ethnic, political and social tensions within and between States. They also undermine international stability and worldwide efforts to place universal human rights on a firm foundation.” — Rome, 1993 Tolerance and Non-discrimination

iolations of human rights and fundamental freedoms, including the Main Issues freedom of thought, conscience, kk Hate-motivated crimes and violent manifestations religion or belief, and manifesta- of intolerance: Hate crimes involve violent expres- tions of hate and intolerance threaten stability sions of bias; they may take the form of assault, Vand security in the OSCE region. While OSCE murder, threats, or property damage, such as participating States have undertaken numerous arson, desecration, or vandalism. Responding to commitments to combat racism, xenophobia, hate crimes is problematic for a number of rea- anti-Semitism, and other forms of intolerance, sons. To begin with, most states lack accurate including against Muslims, much work remains data about the nature and extent of hate crimes, to be done to foster democratic and pluralis- which means that law enforcement and criminal- tic societies, where ethnic, cultural, and reli- justice agencies are not armed with the informa- gious diversity is not only tolerated, but is truly tion needed to combat such crimes. This is often respected and valued. compounded by the absence of effective legis- Tolerance and non-discrimination have lation on hate crimes, which means that such ranked high among the priorities of the past sev- cases are not distinguished from other crimi- eral OSCE chairmanships. Under Spain’s lead- nal cases that lack bias motivation. Finally, even ership in 2007, the Chairman-in-Office reap- where legislation exists, there is often a lack of pointed his three personal representatives dedi- knowledge on the part of law enforcement and cated to particular aspects of tolerance and non- prosecuting bodies of techniques to prove bias discrimination. A high-level OSCE Conference motivation. on “Combating Discrimination and Promoting Mutual Respect and Understanding” was held in kk Freedom of religion or belief: Across the OSCE Bucharest, and there was a Chairmanship con- region, many individuals and communities face ference in Cordoba on the issue of intolerance restrictions on their right to freedom of religion and discrimination against Muslims. During or belief. Problems include infringements of the the Human Dimension Implementation Meet- right to change, adopt, and renounce a religion ing (HDIM), a special day on combating intoler- or a belief, as well as limitations to the right to ance and discrimination and promoting mutual manifest one’s religion or belief. The latter cate- respect and understanding was held, which gory includes disruption or prohibition of wor- included a forward-looking discussion on the ship even in private homes, as well as attacks or role of parliamentarians and political leaders in restrictions on places of worship. In addition, combating intolerance and hate crime. registration is often made a requirement for The year also saw the adoption of another practising a religion or a belief, this condition Ministerial Council Decision on “Combating being coupled with unnecessarily burdensome Intolerance and Discrimination and Promoting procedures that are often abused. Censorship of Mutual Respect and Understanding”. religious literature and bans on teaching a religion or a belief have also been reported. In some participating States, those who object to military service on grounds of religion or belief face restrictions and limitations to this right, which is punished with imprisonment. Developing

Annual Report 2007 53 Tolerance and Non-discrimination

trends include the use of intolerant and dis- the foundation for all ODIHR’s activities in this criminatory discourse against religions or belief field; it has informed the development of assis- groups, as well as discrimination against indi- tance programmes that offer states and NGOs viduals in the workplace and public services on technical assistance, expert-to-expert training, grounds of religion or belief. These actions may and opportunities to exchange information and be a direct result of legislation and policies, or, best practices. It has also provided the basis for in other cases, they may arise as a result of a lack the creation of regional partnerships and the of protective action from state authorities, often development of joint strategies that recognize in the face of a dominant religious majority. hate-motivated acts for what they are: namely, a problem that is not confined within borders and kk Education: Since hate-motivated crime is fre- that demands an international response. quently the result of negative stereotypes, often In many cases, ODIHR’s role has been simply passed from generation to generation, edu- to bring together individuals and organizations cational efforts aimed at promoting mutual with expertise and knowledge to share; in oth- respect and understanding; an appreciation ers, ODIHR has played a larger role in develop- of cultural, religious, and ethnic diversity; and ing methodologies, conducting training, mon- remembrance of the Holocaust can help elim- itoring incidents, and publishing reports and inate such attitudes. While a number of par- handbooks. ticipating States have undertaken such efforts, The result is a collection of technical tools and more long-term and coherent approaches are assistance programmes that help governments, needed to have a real impact. law enforcement agencies, and educators, as well as broader civil society, including organizations and concerned individuals, to combat Activities intolerance and to promote the ideals of mutual respect and understanding. How frequently are hate crimes committed? In 2007, activities were conducted in the fol- Where do they occur, and who are the victims? lowing five areas in particular: What steps are being taken by law enforcement kk Collecting and disseminating information agencies and by governments? How often and about hate crime; why are perpetrators not identified and pun- kk Improving responses to hate crimes; ished appropriately? What is the relationship kk Developing educational tools; between intolerant speech and criminal acts kk Supporting civil society; and motivated by bias? Answers to such basic ques- kk Promoting freedom of religion or belief. tions are needed before anyone can make a serious effort to combat violent manifestations of I. Collecting and disseminating ODIHR’s annual hate. For that reason, one of the most important information about hate crime report on hate crime parts of ODIHR’s work in this field is its role ODIHR has been assisting the efforts of states in the OSCE region. as a collection point for relevant information, by serving as a collection point for information including statistics from states and police agen- and statistics on hate crime and by making this cies, as well as examples of good practices from information publicly available. a wide variety of sources, including governmen- During last year’s HDIM, ODIHR presented tal and non-governmental organizations. its first annual report on hate crime, entitled The collection and analysis of such infor- Hate Crimes in the OSCE Region: Incidents mation has allowed ODIHR to identify where and Responses. Based on information received good practices exist and where there are gaps in from governments, international organizations, implementation of OSCE commitments related and civil society, the report provides an over- to tolerance and non-discrimination. This is view of patterns and trends pertaining to hate-

54 Annual Report 2007 Tolerance and Non-discrimination

motivated incidents. It also presents examples II. Improving responses to hate crimes of effective responses by OSCE states, as well as challenges that governments and civil society Hate-crime legislation continue to face in their efforts to prevent and Since 2004, ODIHR has been collecting infor- respond to hate-motivated incidents. mation related to hate-crime legislation from TANDIS, ODIHR’s Tolerance and Non-Dis- participating States and has created a data- crimination Information System, was developed base of this legislation that is accessible through to serve as a repository of information received Legislationline . In order to make the database from state and non-state partners and to sup- more useful to lawyers and law-makers, it pro- port ODIHR’s efforts to disseminate informa- vides details of legislation on hate crime and an tion and highlight practical initiatives. A public overview of the statutory mechanisms states website, http://tandis.odihr.pl, provides access have applied in dealing with hate crime. The to action plans, statistics, legislation, and initia- type of information provided has been changed tives to combat intolerance and discrimination, from summaries and descriptions to texts of as well as international standards, reports, and legislation. Wherever possible, the legislation is practical tools. available in English and in Russian. As the database shows, a growing number of User statistics show that in 2007 between states have specific legal provisions for crimes 3,000 and 4,000 users visited the TANDIS motivated by bias (excluding international website monthly. crimes, such as genocide), either in the form of sentence enhancement or stand-alone hate- crime provisions. In the last year, a number of Besides being a digital library, the web- states enacted, or considered enacting, specific site provides access to NGO reports and find- legislative provisions to punish bias-motivated ings via HuriSearch, a search engine developed crimes. ODIHR therefore commenced a legis- by HURIDOCS (Human Rights Documenta- lative assistance programme, which includes tion and Information Systems International). the development of guidelines for hate-crime HURIDOCS developed a customized interface legislation in order to support OSCE states in for HuriSearch for ODIHR to be able to pro- their efforts to enact hate-crime legislation. vide access to targeted information on the issues The guidelines, which are being developed by that ODIHR deals with from more than 4,500 experts from across the OSCE region, will set human rights organizations worldwide. benchmarks for essential components of effec- Through Legislationline, ODIHR’s legislative tive hate-crime laws and will be broadly appli- database, the website provides access to infor- cable from a geographic standpoint despite the mation on existing hate-crime legislation in the divergent legal systems and legislative frame- OSCE region. works in the region. In 2007, ODIHR developed a Russian home page for TANDIS. In addition, new sections were Data collection introduced, such as “Intolerance against Chris- A lack of comprehensive and public data on tians”, with references to international standards hate crimes hinders the ability of governments and reports; a “Data collection” section for hate- to understand the nature and distribution of crime data experts; and a “Civil Society” section hate crimes, to identify their impact on targeted with information of special interest to NGOs. communities and society, and to channel rele- Further links to other intergovernmen- vant resources in order to effectively respond to tal organizations were added, which has con- patterns of hate crime. tributed to increased information-sharing and As follow-up to the Tolerance Implementa- co-operation. tion Meeting on “Addressing the Hate Crime

Annual Report 2007 55 Tolerance and Non-discrimination

Data Deficit”, held in 2006, ODIHR initiated organized an international training-of-trainers a programme to provide technical assistance seminar in London on 18-23 November. The to support OSCE participating States in their seminar, which provided an in-depth overview efforts to improve hate-crime data collection of the programme for police officers, consisted and reporting. of 18 learning units and presentations cover- In response to an invitation from the Govern- ing causes and manifestations of hate, police ment of Croatia, ODIHR organized an expert investigation of hate-motivated crimes, inter- meeting in Zagreb in June, with the participa- action between police and the media, co-oper- tion of international specialists, as well as rep- ation between police and victims and affected resentatives of the Interior Ministry, the police, communities in dealing with hate incidents, and and the Office of the Prosecutor-General. Par- other relevant aspects of responding to hate- ticipants discussed various mechanisms, meth- motivated crimes. The training was attended odologies, and tools for data collection and anal- by experts from 13 OSCE participating States, ysis, and produced a set of recommendations for many of whom are now expected to adapt Croatia’s hate-crime data collection system. and implement the programme within their respective countries. The training concluded Training law enforcement officers with the first annual meeting of the LEOP net- In order to support OSCE states in their efforts work, which offers support in strengthening the to strengthen the capacity of law enforcement response of law enforcement agencies to hate officials to identify and respond effectively to crime. The members of the network are able to hate crime and engage with affected commu- access training materials, resources, and tools nities, ODIHR began implementing its Law that can ensure their effective response in com- Enforcement Officer Programme on Combat- bating hate crime. ing Hate Crime (LEOP) in Ukraine, Poland, and Serbia in 2007. Training for prosecutors In Ukraine, in co-operation with the National Building on the successful implementation of University of Internal Affairs, the LEOP team the LEOP training in Croatia, and in response conducted a training course for officials from to requests for additional support within law enforcement agencies, focusing on dealing other branches of the criminal-justice system, with organized hate groups and affected com- ODIHR, together with the Croatian national munities. The LEOP team also had the oppor- contact points on combating hate crime and the tunity to train senior students and cadets from OSCE Mission to Croatia, organized a round- the National University who are soon to become table for international hate-crime experts and law enforcement officers. Croatian judges and prosecutors in June. The Following a needs assessment carried out in event focused on barriers to effective responses Poland and the participation of Polish represen- to hate crime and explored ways in which the tatives at a training-of-trainers seminar in 2006, legal tools available could be used effectively to efforts were initiated in 2007 to customize the combat hate crime. curriculum to the needs of Poland. Similarly, fol- The LEOP training programme was also lowing an extensive needs assessment and series expanded to include components specifically of meetings with government officials, officials dealing with prosecutors’ requirements. This from the Interior Ministry, and representatives focuses on proving motivation and anticipat- of civil society, Serbian authorities commenced ing and pre-empting likely defences through the implementation of the LEOP programme dur- collection of evidence. ing the second half of 2007. Given the interest in the programme by an increased number of OSCE states, ODIHR

56 Annual Report 2007 Tolerance and Non-discrimination e s u o rank H e F nn A

Teachers at a workshop in the Netherlands learn about using new teaching materials to combat anti-Semitism that were produced by ODIHR and the Anne Frank House. e e s s u u o o rank H rank H e F e F nn nn A A

III. Developing educational tools different manifestations of anti-Semitism in schools was developed in 2007 together with Education on the Holocaust and anti-Semitism Yad Vashem in Israel. In response to the rise of anti-Semitism in A project on country-specific teaching mate- the OSCE region, which often finds expres- rials on anti-Semitism was also continued in sion in neo-Nazi activities, Holocaust denial, 2007 in co-operation with the Anne Frank and violent attacks on Jews and Jewish institu- House in Amsterdam and with national experts. tions, OSCE participating States have commit- The implementation process began last year in ted themselves to promote educational pro- the seven OSCE states where the teaching mate- grammes to combat anti-Semitism, as well as rials were developed, and the process of adapt- to promote remembrance and education about ing the materials for use in the Russian Federa- the tragedy of the Holocaust. The new and wor- tion, Slovakia, and Spain also got under way. risome development of increased numbers of In addition, ODIHR, in co-operation with the anti-Semitic attacks on Jewish students even International Task Force on Holocaust Educa- by schoolmates and attacks on Jewish schools tion, Research and Remembrance, drafted and highlights the importance of these educational published a document highlighting good prac- efforts by OSCE participating States. tices of governments and governmental officials In order to better equip educators to respond on or around Holocaust memorial days. to expressions of anti-Semitism, a set of guidelines for educators on how and why to address

Annual Report 2007 57 Tolerance and Non-discrimination

ODIHR Director Ambassador Christian Strohal (left) and the Director of Yad Vashem’s International School for Holocaust Studies, Dorit Novak, present a teacher’s guide on addressing anti-Semitism, Yad Vashem, Jerusalem, in December. avid n D ossi Be Y / em ash ad V Y

Education to promote respect and diversity in the participating States where they consti- ODIHR conducted a needs assessment visit tute a minority. The books will be a resource for to Azerbaijan in 2007 to explore ways to assist policy makers, public officials, journalists, and with the implementation of programmes on educators. They will be developed with national human rights education and education on experts, in consultation with all relevant actors, mutual respect and understanding. As a result, including NGOs and media representatives. the Education Ministry agreed to co-operate In July, ODIHR, in conjunction with Casa with ODIHR and the Council of Europe on a Árabe (Arab House), a public institution in capacity-building project on teacher training, Spain, convened a roundtable with representa- as well as on curriculum and material devel- tives of Muslim communities in Madrid to dis- opment regarding human rights education cuss the first draft of the resource book. The pur- and education to promote mutual respect and pose of the roundtable was to increase aware- understanding. ness of the project and to help ensure that the book is both accurate and useful to an audience Increasing awareness about Muslims and their of non-experts. culture During the HDIM, ODIHR and COJEP Inter- ODIHR, in co-operation with its local partners, national, a pan-European human rights youth supported the development of a resource book organization combating racism, xenophobia, on Muslim communities in Spain. This involved and discrimination, held a side event on edu- the organization of an initial roundtable meet- cation and on intolerance against Muslims. ing in Madrid with Muslim representatives, The event promoted education as a means of journalists, and government officials to discuss a responding to intolerance and discrimination concept for the resource book and also the pro- against Muslims, and it also provided a forum vision of technical and financial support. This for a discussion on hate incidents in schools. project is intended to serve as a pilot project for the development of additional country-specific IV. Supporting civil society resource books on different aspects of Muslim ODIHR maintains close relations with NGOs life and culture with the intention of promoting and provides support for their participation in a better understanding of the diversity, contribu- OSCE events. For example, ODIHR organized tion, and participation of Muslim communities a preparatory meeting for NGOs prior to the

58 Annual Report 2007 Tolerance and Non-discrimination

OSCE Conference on “Combating Discrimina- authorities to discuss the situation regarding the tion and Promoting Mutual Respect and Under- Hare Krishna community in the Karasai District standing” in Bucharest. More than 200 repre- of Kazakhstan, where several homes had been sentatives from civil society attended the pre- destroyed in a state-sponsored action in 2006. paratory meeting, where they had an oppor- At the request of government authorities and tunity to exchange information and best prac- representatives of the Hare Krishna community, tices, raise issues, inform their governments of the Council extended its good offices to assist in the results of their activities, and formulate rec- finding a resolution. ommendations that were presented at the main The Advisory Council, in conjunction with conference. a group of international experts, produced a In 2007, ODIHR provided financial grants publication called Toledo Guiding Principles and technical support to NGOs working in the on Teaching about Religions and Beliefs in Pub- field of tolerance and non-discrimination. As a lic Schools. The primary purpose of the Toledo result, more than 60 NGOs were able to attend Guiding Principles is to assist OSCE partic- OSCE events, while a number of them used their ipating States whenever they choose to pro- grants to carry out projects aimed at monitoring mote the study of religion and belief in schools, and reporting on hate-motivated violence. particularly as a tool to enhance religious free- ODIHR and a board of experts from through- dom. The Principles focus solely on the educa- out the OSCE region developed a training cur- tional approach to teaching about different reli- riculum and resource guide for NGOs on how gions and beliefs, as distinguished from instruc- to prevent and respond to hate crimes and hate- tion in a specific religion or belief. They also motivated incidents. Since the training curricu- offer criteria that should be considered when- lum is intended to serve as a resource for NGOs ever and wherever teaching about religion and throughout the OSCE region, efforts were made belief takes place. The Guiding Principles offer to ensure that the content reflects the diversity practical guidance for preparing curricula for of manifestations of intolerance, as well as the teaching about religion, preferred procedures range of possible responses. The resource guide for assuring fairness in the structuring of cur- is divided into two parts: the first part provides ricula, and standards for the implementation of background information and concepts on hate such procedures. crimes throughout the OSCE region, while the The Advisory Council also participated in a second part presents strategies for civil society number of OSCE conferences and events and at on how to address hate-motivated violence. other international meetings related to freedom of religion or belief. V. Promoting freedom of religion or ODIHR completed its development of train- belief ing materials on issues pertaining to standards ODIHR’s 61-member Advisory Panel of Experts of international law on freedom of religion or on Freedom of Religion or Belief, which serves belief for government officials and civil society as an advisory and consultative body to OSCE in 2007. Consultations also got under way with states in their efforts to advance religious free- interested participating States for the delivery of dom, provides legislative assistance to individ- the training in 2008. ual states and other legal assistance. Using the Guidelines for Review of Legislation Pertaining to Freedom of Religion or Belief as a basis, the Panel’s Advisory Council provided legislative reviews and offered expert opinions and technical assistance to participating States in 2007. For example, the Advisory Council met with Kazakh

Annual Report 2007 59 Contact Point for Roma and Sinti Issues

“We recognize the particular difficulties faced by Roma and Sinti and the need to undertake effective measures in order to achieve full equality of opportunity, consistent with OSCE commitments, for persons belonging to Roma and Sinti. We will reinforce our efforts to ensure that Roma and Sinti are able to play a full and equal part in our societies, and to eradicate discrimination against them.” — “Charter for European Security”, Istanbul, 1999 Contact Point for Roma and Sinti Issues

hroughout the OSCE region, par- the perpetrators, who go unreported or receive ticularly in Central and South-East- mild sentences. ern Europe, there are communities of Roma, Sinti, Travellers, and other kk Security of residence: For many Roma, obtain- groups who are often referred to as gypsies. In ing a legal residence with secure living condi- Taddition to ethnic, linguistic, and cultural ties, tions is a prerequisite to the recognition and ful- many of these communities are bound by the filment of other rights. Without an address, it is overwhelming effects of the multiple forms of often impossible to register for public services discrimination they encounter in all aspects of or engage in lawful income-generating activ- their lives. Whether in the form of passive intol- ities. Problems that have resulted from inse- erance or outright hatred, discrimination has cure residence include forced evictions, lack pushed these communities to the fringes of soci- of secure land tenure, lack of civil registration, ety, where many exist with limited access to life’s and the inability of Roma and Sinti children to basic necessities, including food, water, secure attend school. residence, education, health care, and employment. Societies that are split along ethnic lines, kk Participation in public and political life: The dis- defined by inequality, hatred, and exclusion, crimination faced by Roma and Sinti popula- threaten individual human security, as well as tions has prevented them from playing a signif- greater regional stability. In recognition of this icant role in the public and political life of the threat, the OSCE adopted, in 2003, an Action societies in which they live. This is often com- This photo and the Plan on Improving the Situation of Roma and pounded by a lack of awareness among Roma one on p. 62 are of Sinti within the OSCE Area. and Sinti of their ability to influence their own girls from a Roma circumstances through political participa- settlement in the tion and the benefits that could be achieved Maszkowice region Main Issues through participation. Particularly affected are of Poland. kk Racism and discrimination: Periods of profound political change can expose divisions in society, and the resulting tensions are often expressed in terms of racism or discrimination against vulnerable communities. In Eastern and South- Eastern Europe, the transition of the past fifteen years has often seen a rise in hostility aimed at Roma, Sinti, and related groups. As a result, Roma and Sinti have been prevented from gain- ing access to employment, education, housing, and health care. They are also increasingly the victims of racially motivated crimes, and often suffer abuse at the hands of the police. Such crimes are often exacerbated by the refusal or a g inadequacy of the responsible authorities to ta Mirta e

protect Roma and by the relative impunity of Elzbi

Annual Report 2007 61 Contact Point for Roma and Sinti Issues

I. Implementation and assessment of the Action Plan The main guidelines for supporting the rights and opportunities of Roma and related communities are found in the Action Plan on Improv- ing the Situation of Roma and Sinti within the OSCE Area. In this document, the participating States pledged to take steps to ensure that Roma and Sinti are able to participate in all aspects of public and political life, effectively eliminating the obstacles caused by discrimination. The Action Plan provides the participating States with comprehensive recommendations

a and a range of possible measures to be under- g

ta Mirta taken as a remedy to existing challenges. It also e

Elzbi underlines the fact that Roma and Sinti themselves should be actively involved in any actions the most vulnerable groups within Roma and addressing their communities. Sinti communities such as women, young peo- ODIHR’s role in relation to the Action Plan ple, internally displaced persons, refugees, and is threefold: it is tasked with assisting the par- returnees. ticipating States in implementing the provisions of the Action Plan; it conducts its own activities kk Trafficking in human beings: Factors such as aimed at improving the situation of Roma and endemic poverty, social marginalization, the Sinti; and it reports on how participating States collapse of institutional support structures, and have been fulfilling the commitments made in widespread discrimination make Roma and the Action Plan. Sinti communities particularly vulnerable to For example, ODIHR has been working on a trafficking in human beings and exploitation of status report on implementation of the Action children. Plan since 2006, when a questionnaire was cir- culated among all participating States in order to get feedback on how they had been fulfill- Activities ing their commitments. Based on the responses to the questionnaire, ODIHR produced a draft ODIHR conducted activities in 2007 in the fol- report that was shared with participating States lowing areas: in 2007. Publication of the final status report is kk Implementation and assessment of the planned for 2008. Action Plan; The purpose of the report is to highlight the kk Combating racism and discrimination; current state of implementation of the Action kk Enhancing participation in public and politi- Plan, to provide some key findings, and to dis- cal life; cuss the limited progress and few substantial kk Ensuring that the fundamental rights of achievements that have been made so far. This Roma and Sinti are respected in crisis and is, in part, due to the low level of political com- post-crisis situations; mitment on the part of some governments, kk Co-operation with international organiza- reflected in the rather insignificant funding to tions and NGOs. ensure implementation of Roma-related measures or policies. Negative trends of racism and intolerance, police violence, and forced evictions

62 Annual Report 2007 Contact Point for Roma and Sinti Issues

continue unchallenged in some Roma commu- The overall objective of the OSCE Action Plan on Roma and Sinti is nities. The gap between mainstream society and to “reinforce the efforts of the participating States and relevant OSCE Roma and Sinti communities is not decreas- institutions and structures aimed at ensuring that Roma and Sinti ing; rather, it is in fact growing in such areas as people are able to play a full and equal part in our societies, and at education, housing, health care, and employment. This is concomitant with the increasing eradicating discrimination against them”. — Action Plan on Improving dependency of Roma and Sinti on state wel- the Situation of Roma and Sinti within the OSCE Area, 2003 fare systems, which, in turn, results in further disadvantages. police should protect everyone, including Roma With regard to the task of assisting participat- and Sinti, and ensure their equal treatment ing States in implementing the provisions of the under the law. Roma and Sinti representatives Action Plan, ODIHR has conducted a number continue to report frequent instances of police of activities such as facilitating roundtable dis- brutality; use of unjustified and disproportion- cussions between state authorities and Roma ate force, including against women and minors; representatives (for example, on political par- a lack of timely and effective police intervention ticipation, integration, anti-trafficking), orga- to protect Roma and Sinti against collective vio- nizing field visits on thematic issues (including lence from majority populations; and continued on police and Roma in Romania) or assessment mistrust between the police and Roma and Sinti visits. These initiatives have been undertaken communities. directly in partnership with state institutions Activities to promote dialogue and mutual or agencies, OSCE field operations and institu- trust between police and Roma and Sinti con- tions, and with civil society. tinued. In an effort to challenge the dangerous During the Human Dimension Implemen- practice of the disproportionate use of force by tation Meeting (HDIM), ODIHR facilitated police against Roma and Sinti, ODIHR under- a number of events on areas covered by the took a field visit to several localities in Roma- Action Plan, focusing on: implementation of the nia, where cases of abuse of power had been provisions regarding the influence of Roma pol- reported in both 2006 and 2007. Representatives iticians on political processes; promoting the of the OSCE High Commissioner for National social and political rights of Roma, Sinti, and Minorities and the Strategic Police Matters Unit Travellers; and promoting the rights of Romani joined the ODIHR team, together with repre- children in the child-protection system. These sentatives from the Romanian Ministry of Inte- events brought representatives of Roma and rior and Reform of Administration, the Police Sinti Communities together with those of gov- Inspectorate-General, and two NGOs. The pur- ernments and OSCE structures and resulted in pose of the visit was to raise awareness of police several follow-up activities. abuse of Roma and to encourage appropriate measures to eradicate this practice. II. Combating racism and discrimination Based on its activities on Roma and the Racism and discrimination against Roma and police, ODIHR began work on a document that Sinti have been on the rise in the last decade and will consolidate lessons learned from projects a half. Deep-rooted forms and expressions of rac- already undertaken in this field. It will mainly ism have become more visible, and new forms target law enforcement institutions and police. of hostility, rejection, and hate continue to be expressed freely across the OSCE region, includ- III. Enhancing participation in public and ing within national parliaments, the European political life Parliament, and by leaders of political groupings. Roma and Sinti populations have a rather limited Discrimination at the hands of the police is a record of political participation, both as voters specific area of concern, particularly since the and as candidates. This fact is rooted in the long

Annual Report 2007 63 Contact Point for Roma and Sinti Issues

history of marginalization and discrimination politicians to explore the underlying reasons that that Roma and Sinti have been confronted with. Roma are often prevented from integrating into Another factor that contributes to this situation the communities where they live, including dis- is the lack of awareness among Roma and Sinti crimination, poverty, marginalization, low levels both of how to exercise their political rights and of education, limited access to labour markets, of the positive influence that political participa- residential segregation, and low levels of polit- tion can have for them. Although there has been ical participation. Participants also offered rec- an increase in the participation of Roma and ommendations to address these challenges. Sinti in public life in recent years, participation in elections remains disproportionately low. By Roma political participation encouraging Roma and Sinti to take part in elec- At the HDIM in 2007, a special day on Roma and toral processes and to make informed choices Sinti was held under the heading “OSCE Action when voting, the Office promotes and supports Plan on Roma and Sinti: participation in politi- state measures that foster greater representa- cal life, overcoming discrimination”. Discussions tion of Roma and Sinti in political life and pub- revealed that, despite certain efforts and initia- lic institutions, which may help ensure that per- tives, Roma and Sinti are still underrepresented tinent issues end up on the platforms of main- in public and political life. A number of negative stream political parties. trends were identified, such as low voter turnout among Roma, a lack of civic education, and Roma and elections insufficient efforts by political parties to reach For several years, ODIHR has been conduct- out to this constituency. ing a programme called “Roma, use your ballot wisely!”. It has also supported the participation IV. Ensuring that the fundamental rights of Roma and Sinti individuals as both long- and of Roma and Sinti are respected in crisis short-term observers in ODIHR election obser- and post-crisis situations vation missions. This serves the dual purpose of diversifying election missions and helping Roma Roma in Kosovo representatives gain an in-depth understanding More than 150,000 Roma were caught in the of the electoral process. The fact that Roma and 1998-1999 conflict, when many were targeted Sinti individuals are now regularly seconded to by ethnic Albanian forces who considered them observation missions points to the success of Serb collaborators, while the Serbian army this activity in mainstreaming Roma into the routed Roma from Kosovo Albanian villages. election observation process. More than 120,000 fled Kosovo and are -cur rently IDPs in Serbia or are living in the Euro- Roma integration pean Union. In June, ODIHR organized a joint roundtable on The Roma and Ashkali Documentation Cen- Roma integration with an international NGO tre (RADC) in Pristina and Mitrovica was estab- called Project on Ethnic Relations. The meet- lished in 2005 to help IDPs living in camps in ing brought together scholars, activists, and Northern Mitrovica and returnees present their interests to the authorities responsible for “One lesson is that proactive measures are absolutely needed. It addressing their problems. In March, ODIHR is not sufficient to unblock some hindrances — there is a need to staff visited camps in Kosovo where Roma, Ash- compensate for the long history of exclusion and marginalization kali, and Egyptians are still living to discuss, with staff from the RADC, issues related to the through positive discrimination.” — Presentation by Thomas transfer of IDPs to the reconstructed Mahalla Hammarberg, Council of Europe Commissioner for Human Rights, at the in Southern Mitrovica. Other topics discussed HDIM, Warsaw, 27 September 2007 included the RADC’s plans to conduct civic

64 Annual Report 2007 Contact Point for Roma and Sinti Issues

education projects within these communities and to ensure voter registration for the general elections in Kosovo at the end of 2007.

V. Co-operation with international organizations and NGOs

ODIHR co-operates with other international organizations in order to share expertise and to avoid the duplication of activities. Such co- ordination is important to ensure that initiatives have as great an impact as possible. ODIHR has enjoyed long-term co-operation r with the Council of Europe, which continued in e 2007. For example, ODIHR funded the establishment of a website on Roma and Sinti and the sarah Crozi Holocaust, and the Council of Europe’s Human Rights Commissioner made the keynote address exploitation of children, both in countries of ori- Hungarian Member of the European during the special day on Roma at the HDIM. gin and in countries of destination. These grass- Parliament Viktoria ODIHR’s Senior Adviser on Roma and Sinti roots initiatives also had several secondary Mohacsi speaks Issues participated throughout the year in the goals, including building the capacity of Roma about Roma NGOs and creating or improving partnerships high-level group on social inclusion of ethnic issues at the 2007 with local authorities and national anti-traffick- minorities, which was established by the Euro- Human Dimension pean Commission’s Directorate-General on ing networks. Implementation Employment in 2006. The group’s report was ODIHR facilitated the attendance of several Meeting. released at the beginning of December. NGOs working with Roma communities at the Supplementary Human Dimension Meeting in Combating trafficking in human beings October on “Combating the Sexual Exploitation ODIHR’s specific role in the fight against human of Children”. The organizations in question work trafficking among Roma and Sinti populations with Roma to address the factors that often lies mainly in supporting NGOs working in this make people vulnerable to trafficking. Their field in countries where this problem is preva- participation at the SHDM gave them an oppor- lent. This support can take a variety of forms, tunity to share the results of their work with including the implementation of research and governments and others working in this field, as other projects; facilitating NGO participation well as to make recommendations for initiatives at OSCE human dimension meetings, where in this area. they have an opportunity to share their work During the summer of 2007, ODIHR made a with participating States and others interested field visit to Rome, where several meetings were in trafficking-related issues; or through the pro- held with NGOs working with Roma and Sinti vision of expertise and technical support. children who have been victims of trafficking. ODIHR provided support for the imple- In addition, camps with Roma and Sinti, with mentation of a number of small-scale projects both legal and illegal residency status, were vis- in Albania, Bosnia and Herzegovina, Italy, the ited. Such visits provide ODIHR with informa- former Yugoslav Republic of Macedonia, and tion needed to better target its assistance to par- Romania. The purpose of these projects was ticipating States. to raise awareness among Roma communities of the issue of trafficking in human beings and

Annual Report 2007 65 Programmes and Projects

Elections

Programmes Region/Country Included work on: Election Technical Assistance OSCE region Expert reviews of electoral legislation Election Observation Development OSCE region • Guidelines for media monitoring in elections • Guidelines for observation of e-voting • Fund for Enhancing Diversification in Election Observation Missions • Guidelines for observing voter registration • Gender analysis within election observation missions • Enabling contributions from non-partisan domestic observers in OSCE-mandated and expert meetings Election Observer Training OSCE region • Training of short-term election observers from participating States eligible for the Fund for Enhancing the Diversification of Election Obser- vation Missions Projects Assistance to the African Union Consultation with the Pan-African Parliament of the African Union

Rule of Law

Programmes Region/Country Included work on: Criminal Justice OSCE region • Anti-torture programme • Annual Central Asian Summer School on Crimi- nal Justice • Prosecutors programme (Armenia) • War crimes (South-Eastern Europe) Fair Trials South-Eastern Europe, • Assistance in developing and promoting fair-trial Caucasus, Central Asia standards • Jury trial-monitoring project (Kazakhstan) • Development of a trial-monitoring reference manual Projects Legislation Alert and Assistance Caucasus Legislative Assistance Kyrgyzstan Legislative Reform Montenegro Monitoring Places of Detention Caucasus, Central Asia

66 Annual Report 2007 Programmes and Projects

Civil Society and Democratic Governance

Programmes Region/Country Included work on: Democratic Governance OSCE region • Strengthening local party leadership, strategic planning, party funding • Adaptation of the interactive web-based tool VoteMatch to assist voters in getting more information on political parties (Georgia) • Promoting inter-party dialogue at the highest level • Strengthening the Centre for Parliamentary Reform (Georgia) • Qualitative needs assessment of parliamentary research and analysis capacity (former Yugoslav Republic of Macedonia) • Building capacity and operations of the Institute for Public Policy (Kyrgyzstan), including co-operation on a conference on political and economic relations in Central Asia

Gender Equality

Programmes Region/Country Included work on: Increased Participation of Women in South Caucasus, Central • Expert advice to the president’s special repre- Democratic Processes Asia, Ukraine, former sentative on gender equality to the Parliament Yugoslav Republic of (Kyrgyzstan) Macedonia • Advice on development of a national action plan on gender equality (former Yugoslav Republic of Macedonia) • Technical support to university lecturers and high-school teachers to develop curricula and teach gender equality (Armenia) • Promotion of women’s leadership, civil society coalition-building and networking (Georgia, Kyrgyzstan) • Awareness-raising to promote political participation of women in communities in rural areas; social and economic rights of women; strengthening business opportunities for rural women (Armenia, Georgia, Kyrgyzstan, Ukraine) • Promoting joint efforts for effective participation in democratic processes, including electoral campaigns (Georgia, Kyrgyzstan) • Evaluation methodologies for programme implementation partners (Azerbaijan, Kyrgyzstan, Ukraine) • Assistance in developing a curriculum on prevention of domestic violence for police cadets (Azerbaijan)

Annual Report 2007 67 Programmes and Projects

Human Rights, Women and Security South-Eastern Europe, • Co-operation with the NGO Working Group on Central Asia, Moldova Women, Peace and Security to promote implementation of UNSCR 1325 (Central Asia) • Toolkit on Gender and Security Sector Reform, including new research and resource materials to guide practitioners • Awareness-raising, including a handbook for practitioners on integration of a gender perspective and consideration of women’s rights in conflict prevention and early warning

Migration/Freedom of Movement

Programmes Region Included work on: Migration and Freedom of Movement OSCE region • Assistance in modernization of population registration and address systems (Albania) • Research on labour immigration (Kazakhstan) • Law providing for a non-discriminatory and simplified procedure of granting citizenship (Kyrgyzstan) • Advice on challenges in implementing new migration legislation, including discussion of survey results and recommendations (Russian Federation) • Dissemination of a practical commentary on the Law on Freedom of Movement and Free Choice of a Place of Residence (Ukraine)

Legislative Support

Programmes Region Included work on: Legislative Reform Assistance OSCE region • Monitoring legislative developments • Reviews of draft legislation with advice on compliance of domestic laws with OSCE commitments • Assessments to promote legislative efficiency and transparency (former Yugoslav Republic of Macedonia, Georgia) • Providing greater access to law through an improved database, including a Russian interface (www.legislationline.org) • Publication of guidelines on freedom of peaceful assembly, in English and Russian

68 Annual Report 2007 Programmes and Projects

Human Rights

Programmes Region/Country Included work on: Human Rights and Anti-Terrorism OSCE region/requesting • Training for counter-terrorism practitioners participating States • Manual on human rights in the context of terrorism • Discussion of the role of civil society in preventing terrorism • Input to the high-level meeting on victims of terrorism Human Rights Education and Training OSCE region • Training civil society from the regions to monitor human rights (Armenia, Tajikistan) • Co-operation with UN Office of the High Commissioner for Human Rights, the Council of Europe, UNESCO, and civil society to promote human rights education • Sharing good practices with the World Programme for Human Rights Education Support to Human Rights Defenders and OSCE region • Strengthening co-operation between national human National Human Rights Institutions rights institutions and state officials, and partnerships with civil society • Training human rights defenders to monitor and report on freedom of peaceful assembly Trial-Monitoring Kazakhstan, Kyrgyzstan, • Public discussion of the final reports on monitoring of Moldova criminal trials carried out in 2007 (Kazakhstan, Kyrgyzstan) • Support to the OSCE Mission to Moldova’s trial-monitoring programme Human Rights and Armed Forces OSCE region • Finalizing a handbook on human rights and fundamental freedoms of armed forces personnel Anti-Trafficking OSCE region • Further development of National Referral Mechanism assessments in participating States • Disseminating information on OSCE commitments to promote National Referral Mechanisms • Discussion of the application of National Referral Mecha- nisms to labour exploitation in consultation with civil society and participating States • Recommendations on identification/protection of trafficked persons in co-operation with the EU, UNICEF, and the UN’s Office on Drugs and Crime • Linking civil society organizations from countries of origin and destination • Co-operation with international organizations on child protection • Training for regional authorities on identification of trafficking victims • Legal representation and outreach to trafficked persons • Exchange of social workers within the EU to increase outreach to Roma street children • Research on protection of trafficked persons’ rights through compensation

Annual Report 2007 69 Programmes and Projects

Tolerance and Non-discrimination

Programmes Region Included work on: Educational and Public Awareness-Rais- OSCE region • Parts II and III of teaching/learning materials on anti-Semitism ing Activities to Promote Tolerance, (Croatia, Denmark, Germany, Lithuania, Netherlands, Poland, Respect and Mutual Understanding and Ukraine) Remembrance of the Holocaust • Development of teachers guides on anti-Semitism (Germany, Netherlands, Ukraine) • Teacher/trainer seminars (Netherlands, Germany) • Adaptations of these teaching materials (Spain, Slovakia, Russian Federation) • Guidelines to highlight good practices/activities of governments on Holocaust memorial days (to be available online) • Guidelines on how to address anti-Semitism in the classroom (online document) • Establishing local partnerships for, and reviewing the first draft of, a resource book on Muslim communities (Spain) Law Enforcement Officer Programme on OSCE region • Curriculum enhancement to improve subsequent train-the-train- Combating Hate Crime ers sessions • Needs assessment visits (Serbia, Ukraine) • Provision of information and support tools to aid national implementation teams (Poland, Serbia) • International training-of-trainers seminar in London • Post-implementation evaluation (Croatia) Building the Capacity of Civil Society to OSCE region • Training manual and a resource guide to empower civil society Combat Hate Crime and Violent Manifes- to prevent and respond to hate crimes and related manifesta- tations of Intolerance tions of intolerance • Civil society preparatory meetings before OSCE tolerance-related conferences to develop a common platform and set of recommendations from civil society to participating States Freedom of Religion or Belief OSCE region • Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools • Discussion of, and advice on, draft law on freedom of religion or belief (Tajikistan) • Support of the Advisory Panel to the Government and the Hare Krishna community (Kazakhstan) • Needs assessment missions to prepare implementation of training on freedom of religion or belief (Central Asia) Hate Crime Legislative Assistance OSCE region • Updating/revising the contents of www.legislationline.org relating to hate crime • Supporting discussion of issues relating to legislative guidance by international experts

70 Annual Report 2007 Programmes and Projects

Contact Point for Roma and Sinti Issues

Programme Region/Country Included work on: Assistance to Improve the Situation of Bulgaria, Italy, Romania, • Raising political consciousness; promoting political par- Roma and Sinti Serbia (Kosovo) ticipation of Roma in local elections (Bulgaria) • Promoting dialogue, mutual trust, co-operation and good practices between police and Roma • Information campaign on places allocated for Roma within police training structures and schools • Broadening perspectives on integrating Roma in Europe in the 21st century • Ensuring fundamental rights of Roma and Sinti in crisis and post-crisis situations • Support to small-scale projects against trafficking in Roma communities • Awareness-raising of the Roma experience during the Holocaust (Romania)

Annual Report 2007 71 Legislative Reviews

Elections

In 2007, ODIHR issued six legislative reviews and opinions, many conducted jointly with the Council of Europe’s Commission for Democracy through Law (Venice Commission):

Country Legislation Albania Joint Opinion on the Amendments to the Electoral Code of the Republic of Albania Armenia Final Joint Opinion on the Amendments to the Electoral Code of Armenia Joint Opinion on the 26 February 2007 Amendments to the Electoral Code of Armenia Croatia Joint Opinion on the Draft Law on Voters Lists of Croatia Former Yugoslav Republic of Joint Opinion on the Draft Working Text Amending the Election Code of the Former Yugo- Macedonia slav Republic of Macedonia Ukraine Joint Opinion on the Law on the State Register of Voters of Ukraine

Legislative support

ODIHR provided legislative reviews and legal commentaries on the following:

Azerbaijan kk Law on Freedom of Assembly (revision)

Belarus kk Draft Law of the Republic on Public Opinion Polling

Kazakhstan kk Draft Law of the Republic on Amendments to Selected Legislative Acts Concerning Arrest as a Preventive Measure kk Legislation Concerning Labour Activity Undertaken by Foreign Citizens on the Territory of the Republic of Kazakhstan kk Amendments to the Constitution of Kazakhstan

Moldova kk Draft Law on Political Parties kk Draft Law on Assemblies

Montenegro kk Draft Constitution of Montenegro

Tajikistan kk Draft Law on Civil Society Organizations (Associations), as revised

72 Annual Report 2007 Legislative Reviews

Turkmenistan kk Law on Migration, as revised

Ukraine kk Draft Law on Civil Society Organizations

Former Yugoslav Republic of Macedonia kk Proposal for the Adoption of the Law on the Legal Status of Churches, Religious Communities, and Religious Groups (Advisory Council of the ODIHR Panel on Freedom of Religion or Belief)

Annual Report 2007 73 Conferences and Meetings

Number of Name Location Date Participants Human Dimension Events Supplementary Human Dimension Meeting on Freedom of Vienna 29-30 March 285 Assembly, Association and Expression: Fostering Full and Equal Participation in Pluralist Societies Human Dimension Seminar on Effective Participation and Warsaw 16-18 May 196 Representation in Democratic Societies Supplementary Human Dimension Meeting on Protection Vienna 12-13 July 264 and Promotion of Human Rights: Responsibilities and Effective Remedies Human Dimension Implementation Meeting Warsaw 24 September- 1,020 5 October Supplementary Human Dimension Meeting on Combating Sexual Vienna 18-19 October 159 Exploitation of Children

Elections Expert Meeting on Election Observation and Electronic Voting Warsaw 22-23 March 32

Democratization Regional Conference on Alternatives to Criminal Prosecution in Almaty 4-5 June 74 Central Asia: Contemporary Status and Prospects Conference on Torture Prevention Tbilisi 22 June 75 Roundtable on Retroactive Application of Criminal Law to War Sarajevo 10 July 51 Crimes Annual Summer School on Criminal Justice for Central Asia Almaty 30 July-4 August 59 New Immigration Legislation in the Russian Federation: Law Moscow 17-18 December 84 Enforcement Practice Challenges and Trends in Women’s Political Participation in the Warsaw 17 May 32 South Caucasus and Central Asia Human Rights Launch event of the Report on Results of Trial-Monitoring in the Astana 23 February 92 Republic of Kazakhstan 2005-2006 The Role of Civil Society in Preventing Terrorism Barcelona 14-16 March 31 Civil Society Meeting on the National Referral Mechanism Warsaw 24 April 11 Approach to Trafficking and Its Application to Trafficking for Labour Exploitation

74 Annual Report 2007 Conferences and Meetings

Workshops on Implementation of United Nations Bishkek 26-27 June 33 Security Council Resolution 1325 Dushanbe 4-5 September 30 Almaty 12-13 September 27 High-Level Meeting on Victims of Terrorism Vienna 13-14 September 231 Regional European Meeting on the World Programme for Human Strasbourg 5-6 November 200 Rights Education Workshop on Compensating Trafficked and Exploited Persons Barcelona 10-12 December 40 Tolerance and Non-discrimination Civil Society Preparatory Meeting for the OSCE High Level Bucharest 6 June 250 Conference on Combating Discrimination and Promoting Mutual Respect and Understanding High-Level Conference on Combating Discrimination and Bucharest 7-8 June 901 Promoting Mutual Respect and Understanding OSCE Chairmanship Conference on Intolerance and Discrimination Cordoba 9-10 October 313 against Muslims Training-of-Trainers Seminar for Law Enforcement Experts on London 11-13 December 24 Combating Hate Crime First Annual Meeting of the Regional Law Enforcement Network on London 14 December 22 Hate Crime Prevention and Investigation Civil Society Preparatory Meeting for the 2007 OSCE Mediterranean Tel Aviv 17 December 60 Seminar on Combating Discrimination and Promoting Mutual Respect and Understanding

Contact Point for Roma and Sinti Issues Regional Meeting of OSCE Focal Points on Roma and Sinti Belgrade 6 March 15 Roundtable on Roma Integration in Europe Sinaia, Romania 11-13 June 25 Expert Preparatory Meeting for the Special Day on Roma and Sinti at Budapest 1 September 12 the Human Dimension Implementation Meeting Police and Roma Roundtable Bucharest 15 November 30

Annual Report 2007 75 Publications Printed in 2007

Title Languages 1 Guidelines on Freedom of Peaceful Assembly English, Russian 2 OSCE Human Dimension Commitments, Vol. 1 (electronic version only) French 3 ODIHR Factsheet Spanish 4 Common Responsibility: Commitments and Implementation Russian 5 Teaching Materials on the History of Jews and Anti-Semitism in Europe, Part 1, English Anti-Semitism in Europe up to 1945 6 Teaching Materials on the History of Jews and Anti-Semitism in Europe, Part 2, English Anti-Semitism: a never-ending struggle? 7 Teaching Materials on the History of Jews and Anti-Semitism in Europe, Part 3, English Prejudices. You too? 8 Handbook for Long-Term Election Observers: Beyond Election Day Observation English, Russian 9 Effective Participation and Representation in Democratic Societies (factsheet) English 10 ODIHR Annual Report 2006 English, Russian 11 National Referral Mechanisms - Joining Efforts to Protect the Rights of Trafficked Persons: Spanish A Practical Handbook 12 ODIHR Panel of Experts on Freedom of Religion or Belief (factsheet) English, Russian 13 Building the Capacity of Roma Communities to Prevent Trafficking in Human Beings English, Serbian, Slovak 14 Human Dimension Implementation Meeting (factsheet) English, Russian 15 Hate Crimes in the OSCE Region: Incidents and Responses - Annual Report for 2006 English 16 The Death Penalty in the OSCE Area: Background Paper 2007 English, Russian 17 Results of Trial Monitoring in Kyrgyzstan Russian 18 Countering Terrorism, Protecting Human Rights: A Manual English 19 Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools English 20 Human Rights Defenders in the OSCE Region: Our Collective Conscience English

All ODIHR publications are available online at http://www.osce.org/odihr/publications.html. They can be ordered, free of charge, by sending an e-mail to [email protected].

76 Annual Report 2007 Election Reports and Statements Released in 2007 kk General elections in Bosnia and Herzegovina, 1 October 2006 1. Election Observation Mission Report kk Parliamentary elections in Latvia, 7 October 2006 2. Limited Election Observation Mission Report kk Presidential election in Bulgaria, 22 and 29 October 2006 3. Election Assessment Mission Report kk Presidential election in Tajikistan, 6 November 2006 4. Election Observation Mission Report kk Mid-term congressional elections in the United States, 7 November 2006 5. Election Assessment Mission Report kk Parliamentary elections in the Netherlands, 22 November 2006 6. Election Assessment Mission Report kk Parliamentary elections in the Republic of Serbia, 21 January 2007 7. Interim Report 8. Preliminary Statement 9. Election Observation Mission Report kk Presidential election in Turkmenistan, 11 February 2007 10. Needs Assessment Mission Report kk Municipal elections in Albania, 18 February 2007 11. Interim Report 1 12. Interim Report 2 13. Interim Report 3 14. Preliminary Statement 15. Interim Report 4 16. Election Observation Mission Report kk Parliamentary elections in Estonia, 4 March 2007 17. Needs Assessment Mission Report 18. Election Assessment Mission Report kk Parliamentary elections in Finland, 18 March 19. Needs Assessment Mission Report

Annual Report 2007 77 Election Reports and Statements Released in 2007

kk Presidential election in France, 22 April and 6 May 2007 20. Needs Assessment Mission Report 21. Election Assessment Mission Report kk Parliamentary elections in Armenia, 12 May 2007 22. Needs Assessment Mission Report 23. Interim Report 1 24. Interim Report 2 25. Interim Report 3 26. Preliminary Statement 27. Post-election Interim Report 1 28. Election Observation Mission Report kk Parliamentary elections in Ireland, 24 May 2007 29. Needs Assessment Mission Report 30. Election Assessment Mission Report kk Local elections in Moldova, 3 June 2007 31. Needs Assessment Mission Report 32. Interim Report 1 33. Interim Report 2 34. Preliminary Statement 35. Election Observation Mission Report kk Federal elections in Belgium, 10 June 2007 36. Needs Assessment Mission Report 37. Election Assessment Mission Report kk Parliamentary elections in Turkey, 22 July 2007 38. Needs Assessment Mission Report 39. Election Assessment Mission Report kk Parliamentary elections in Kazakhstan, 18 August 2007 40. Interim Report 41. Preliminary Statement 42. Election Observation Mission Report kk Parliamentary elections in Ukraine, 30 September 2007 43. Needs Assessment Mission Report 44. Interim Report 1 45. Interim Report 2 46. Interim Report 3 47. Preliminary Statement 48. Post-election Interim Report 49. Election Observation Mission Report

78 Annual Report 2007 Election Reports and Statements Released in 2007

kk Parliamentary elections in Switzerland, 21 October 2007 50. Needs Assessment Mission Report kk Parliamentary elections in Poland, 21 October 2007 51. Needs Assessment Mission Report kk Parliamentary elections in Croatia, 25 November 2007 52. Needs Assessment Mission Report 53. Interim Report 54. Post-election Press Statement kk Pre-term parliamentary elections in Kyrgyzstan, 16 December 2007 55. Needs Assessment Mission Report 56. Interim Report 1 57. Preliminary Statement kk Presidential election in Uzbekistan, 23 December 2007 58. Needs Assessment Mission Report 59. Interim Report 60. Post-election Press Statement kk Extraordinary presidential election in Georgia, 5 January 2008 61. Needs Assessment Mission Report 62. Interim Report 1 63. Interim Report 2 kk Presidential election in Armenia, 19 February 2008 64. Needs Assessment Mission Report

All elections reports are available in local languages. They can be found on ODIHR’s website at: http://www.osce.org/odihr-elections/14207.html.

Annual Report 2007 79 Organigram and Budget

ODIHR Director Public Affairs

Project Co-ordination

First Deputy Director Second Deputy Director

Human Dimension Meetings

Common Services/Fund Thematic Programmes Administration Unit

Elections Finance

Democratization Human Resources

Human Rights Procurement

Tolerance and Non- Information discrimination Technology

Contact Point for Roma General Services and Sinti Issues

ODIHR Programmes: 2007 Budget (all figures in euros) Direction and Policy 1,321,600 Fund Administration Unit 1,556,000 Common Operational Costs 818,900 Human Dimension Meetings 788,000 Democratization 1,330,700 Human Rights 1,076,100 Elections 6,529,800 Tolerance and Non-discrimination 1,085,600 Roma and Sinti Issues 433,200 ODIHR augmentation 269,100 TOTAL 15,209,000

80 Annual Report 2007