A/HRC/13/23/Add.1 legislative framework, a lack of independent and effective mechanisms for individuals to make complaints and a lack of public confidence in the process. Courts are reluctant to classify or deal with violations as cases of discrimination. Mechanisms for ethnic minorities to submit complaints of discrimination are not widely used or understood by the public and are not considered politically independent. For these reasons they are ineffective at ensuring the rights of minorities. The Government asserts that the courts maintain high and improving standards and quality of justice and that confidence in the judicial system is high as indicated by social surveys in 2008. The Supreme Court has implemented measures for institutional strengthening and improving the functioning of the courts, including with regard to the quality and independence of judges. 35. Civil society groups call for an effective and independent human rights institution based upon strengthening the legal status, powers and functions of the Ombudsman and ensuring that it is an elected office. The Ombudsman should have the right to initiate administrative and criminal cases, recommend legislative amendments and address the Constitutional Council on human rights issues. Its independence should be legally protected. 36. There is a widely held perception of pro-Kazakh bias in Government and the actions of State officials, and that discrimination exists in favour of ethnic Kazakhs, particularly in government employment. This, minority sources argue, leaves ethnic minorities at a distinct disadvantage in many areas of public life. Underrepresentation of minorities in government posts is attributable, at least in part, to recent requirements that government workers speak Kazakh. This has reportedly created barriers to the employment, continuation of employment and promotion of non-Kazakh speakers. According to the Government, the State Service Act (art. 12, para. 4) bans any form of discrimination in relation to employment in public services. 37. Civil society groups consider the Law on Languages of 1997 to have set into motion policies which, while legitimately promoting the use of Kazakh, effectively discriminate against members of minorities and breach their minority rights with respect to language use. Russian, Uighur and other minorities are reportedly excluded from various economic, political, and employment opportunities owing to lack of proficiency in Kazakh. Members of the ethnic Russian minority historically occupied many government positions, a situation that has changed since independence. The mass emigration of Russians and other Russianspeaking groups following independence is linked to pro-Kazakh policies and pessimism about their place in the country’s future. 38. Minority representatives whom the independent expert consulted stated that, in private sector employment and daily interactions, discrimination was not a major problem. However, according to a public poll taken in 2008, 23.7 per cent of self-reported minorities experienced ethnic prejudice and hostility; 14.4 per cent reported incidents of insults, humiliation, or other offences; and 11.8 per cent were discriminated against in employment or cases of dismissal.17 Members of ethnic minority communities allegedly remain reluctant to seek legal redress because they believe the system is biased. Some minority representatives expressed concern that the economic crisis and growing unemployment may have a greater impact on minorities in both public and private sectors. 39. Commentators described the growing prominence of ethnicity and nationality as important individual and group markers in society. The national project of “Kazakhization” has allegedly inspired growth in Kazakh nationalism. A rise in the use of nationalist slogans is reported, including “Kazakhstan for the Kazakhs”. Sentiments expressed in the media 17 GE.10-10602 United States Department of State, Country Report on Human Rights Practices: Kazakhstan, 25 February 2009, http://kazakhstan.usembassy.gov/hrr-2008.html (last accessed 28 October 2009). 11