A/HRC/20/12
19.
On 2 March 2011, the draft law was adopted by Parliament at its first reading – two
more readings are required before full adoption. The issue of the financial allocation is yet
to be discussed by Parliament.
20.
ROCA provided technical assistance on the elaboration of this draft law through the
provision of legal expertise. ROCA also undertook advocacy with relevant government and
parliament officials, organized public discussions and supported an awareness-raising
campaign. ROCA is concerned that the reallocation of funds from the Ombudsman
Institution to the national preventive mechanism may have an impact on the level of human
rights activities undertaken by the Ombudsman Office.
Draft Law on Peaceful Assembly
21.
On 2 March 2012, Parliament approved the Draft Law on Peaceful Assembly at a
second reading. The draft law has generally been commended by the European Commission
for Democracy through Law of the Council of Europe and the Office of Democratic
Institutions and Human Rights of the Organization for Security and Cooperation in Europe
(ODIHR/OSCE). However, several shortcomings that are inconsistent with the Constitution
and international standards remain, including imprecise wording of counter assembly,
inadequate treatment of spontaneous assemblies, and blanket restrictions on assembly in
certain locations.
22.
ROCA has consistently advised on the development of the draft law on Peaceful
Assembly through various public discussions, parliamentary public hearings and within the
Parliamentary Committee on Human Rights, Equal Opportunities and Public Associations.
Draft Law on Freedom of Religion and Religions Organizations
23.
The Law on Freedom of Religion and Religious Organizations (amended in 2008),
contains terminology and stipulates procedures that contradict the new Constitution and
international standards. In particular, religious associations are banned from operating
without registration and requests for registration are only valid if submitted by at least 200
citizens. The State justifies the restrictions on grounds of national security and similarly
restrictive laws in neighbouring States. In general, its approach is to favour the perceived
traditional religions of Islam and Christianity, while viewing the activity of others,
perceived as non-traditional, with caution.
24.
ROCA, with the United Nations Development Programme (UNDP), has provided
technical assistance with the drafting process and developed provisions in line with
international human rights standards. The proposed draft law is currently with the Ministry
of Justice.
Draft amendments to the Criminal Code and the Criminal Procedure Code
25.
On 13 October 2011, Parliament created a working group, comprising
Parliamentarians and Government representatives, to finalize and merge into a single draft
law more than a dozen draft laws with proposed amendments and additions to the Criminal
Code and Code of Criminal Procedure. The main objective of the draft amendments is to
ensure compliance of the Codes with the new Constitution and international standards.
26.
ROCA provided technical assistance by hiring international and national legal
experts to assist in the development of the draft amendments. It supported discussions on
the proposed draft to ensure compliance with the provisions of the International Covenant
on Civil and Political Rights and the Convention against Torture, and ROCA hopes that
written comments provided by the experts will be taken into account by the drafters.
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents