FIELD OPERATIONS SOUTH-EASTERN EUROPE
To increase the awareness of representatives of the judicial system of their obligations stemming from international anti-torture conventions, the Mission organized a high-profile training seminar in April, which was attended by some 50 judges, prosecutors and members of the Interior Ministry. The keynote speaker was UN Special Rapporteur on Torture Theo van Boven. Continuing institution-building. An important component for the building of sustainable rule of law institutions and a requirement of the Framework Agreement is the establishment of six regional Ombudsman offices in the country. The Mission co-ordinated international support for this endeavour and, despite some delay for political reasons, the offices were opened in November. They are due to become fully operational in early 2005. However, at the end of 2004 six new deputies still needed to be appointed. A coalition to bring about fairer trials For one year, the OSCE-sponsored NGO coalition, All for Fair Trials, observed trials throughout the country not only to identify shortcomings but also develop constructive suggestions to improve the judicial system. “This is a real network – a grassroots movement that can effect real change,” said Lukasz Bojarski, a lawyer who also works as a trainer with the Polish Helsinki Foundation for Human Rights. “This coalition not only exercises the rights of civil society to monitor the fairness of court proceedings, but also provides feedback to help reform the judiciary.” Following the publication of its final report, a working group of judges and law experts was established to ensure that the report’s recommendations were included in the judicial reform process.
To manage complaints of alleged police abuse, the Rule of Law Unit established the Human Rights Support Project, an NGO network that began handling most of the new individual cases. It was planned to expand the network in 2005 to cover the entire country, in an effort to ensure the
sustainability of the Mission’s institutionbuilding efforts. Reforming the judiciary. The Mission fostered public debate among professionals and experts on the National Strategy on the Reform of the Judiciary through public consultation conferences held by the NGO, Association for Citizens’ Tolerance and Co-operation. The Mission’s Rule of Law Unit chaired the Judicial Reform Information Group and supported a project of the Association, which surveyed the opinions of judges and legal staff in basic courts throughout the country on the problems and the need for judicial reforms. Survey results will be issued to guide the Mission’s activities in this area and will be shared with the relevant State bodies. The Unit also completed a comprehensive analysis on the present situation of equitable representation of minorities in the judiciary. Its report outlines detailed recommendations on measures that authorities can implement to improve the participation of members of non-majority communities in the judicial system. The report serves as the basis for the Unit’s further engagement in promoting a more representative judiciary. In addition to these projects, the Mission initiated a pilot project to provide free legal advice to marginalized communities in the former crisis areas in order to improve their understanding of and trust in the legal system. About 450 people have taken advantage of the legal aid offered by local lawyers. Combating human trafficking. On the basis of the OSCE’s Action Plan and the Government’s National Plan of Action to combat human trafficking, local and international partners focused in 2004 on three areas of activity: • establishing a witness protection framework; • strengthening the capacity of NGOs to raise awareness and assist victims; and • improving prosecutorial and investigative efforts in trafficking cases. Together with the Judges Association’s Centre for Continuing Education, the Mission sponsored a series of specialized train-
ing seminars for legal professionals and law enforcement officials. A total of seven workshops, benefiting some 240 participants, focused on improving prosecution of trafficking cases and ensuring fair trials in cases involving human trafficking. Moving the country closer towards fulfilling its international commitments, the Mission helped establish the first NGO-managed safe house in the former Yugoslav Republic of Macedonia, addressing the immediate needs of trafficked persons, particularly minors. The importance of assisting the country in its anti-trafficking efforts is also demonstrated by the Mission’s on-going sponsorship of an SOS helpline for citizens, which is managed by the local branch of the NGO, La Strada.
Promoting gender balance. In support of the OSCE Action Plan on Gender Issues and the Government’s National Action Plan for Gender Equality, the Mission supported the efforts of national partners such as UWOM and the Government’s unit for promotion of gender equality to improve the gender balance in the electoral process. One result of these efforts is an amendment to the Law on Local Elections passed in 2004, which stipulates that a 30 per cent quota of women is required in both the upper and lower halves of all candidate lists. These efforts, the ‘Woman Can Do It II’ initiative, are scheduled to continue in 2005 due to the postponement of the municipal elections. Following the publication of the country report on the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) by the authorities, the Mission funded the drafting and publishing of an NGO ‘shadow report’ to assess whether the treatment of women in the country is in compliance with the UN Convention.