their treatment of minorities. A separate section should therefore be inserted into
the recommendations with a view to include the following measures:
o The judiciary must be made aware of the crucial role they can play in
ensuring that the participation of minorities in public life is not rendered
illusory. Training should thus be provided to judges and judicial officers
on minority rights, and the special care that must be taken to ensure that
when interpreting the constitutionality of laws and administrative practices,
the rights of minorities are given due regard
o Adequate opportunities should be given to members of minority
communities to participate in the judiciary, with judicial appointment
commissions established in a manner that ensures that they are reflective
of the wider community and that deserving minority candidates for
judicial officer are not discriminated against in their appointment, terms of
service and promotions
o In issues affecting the rights of minorities, care should be taken to ensure
that the composition of a judicial panel (where more than a judge is
involved) reflects the diversity of the population to ensure that justice is
not only done, but seen to be done.
Comments on section F. The International Community, including United Nations
agencies
-
Reference should be made with respect to resorting to regional human rights
standards and recommendations of the relevant regional mechanisms, as well as to
the relevance of national standards and jurisprudence;
-
Country-specific consultative structures can be very useful mechanism to actually
listen and understand minorities’ various concerns and aspirations, and some of
UNDP country offices that are very active on minority issues are doing this,
perhaps not through institutionalized structures. Their main reason being, if every
agency were to set up parallel structures at the country level, then there would be
competition over resources, prioritization of issues as well as major challenges in
undertaking common UN planning processes, referred to in recommendation 32;
-
The term “UN Country Teams” should be used instead of “UNDP” in paragraph
34 and “taking into account country situations” should be added after “processes”,
in line with paragraph 6.
Comments on section G. Media
-
The recommendations would be further enhanced by a stronger assertion of the
fundamental and mutually reinforcing nature of the relationship between freedom
of expression and access to information, on the one hand, and the meaningful and
informed political participation of minorities, on the other;
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