ACFC/31DOC(2008)001
consultative structures in relation to obligations arising under international treaties,
including in respect of reporting obligations of interest to them.
119. Adequate resources should be made available to support the effective functioning
of consultative mechanisms.47
d) Representation and participation of persons belonging to national minorities in
public administration, in the judiciary and in the executive
120. Public administration should, to the extent possible, reflect the diversity of
society. This implies that State Parties are encouraged to identify ways of promoting the
recruitment of persons belonging to national minorities in the public sector, including
recruitment into the judiciary and the law enforcement bodies. Participation of persons
belonging to national minorities in public administration can also help the latter better
respond to the needs of national minorities.48
121. One way of pursuing this aim is to provide a legal basis for promoting the
recruitment of persons belonging to national minorities in public administration. It is
important that such guarantees are coupled with adequate implementation measures.
122. It is also important to promote participation of persons belonging to national
minorities in the judiciary and the administration of justice. Measures in this respect
should be implemented in a way which fully guarantees the independence and the
effective functioning of the judiciary.49
123. Measures which aim to reach a rigid, mathematical equality in the representation
of various groups, which often implies an unnecessary multiplication of posts, should be
avoided. They risk undermining the effective functioning of the State structure and can
lead to the creation of separate structures in the society.
124. Roma and Travellers, indigenous peoples and numerically small national
minorities are often particularly under-employed in public administration and this issue
requires specific attention from the authorities. Their employment in public
administration can contribute to a better image and increased awareness of such
minorities in the society at large, which in turn is likely to improve their participation at
all levels.
125. Targeted measures can be designed to address the specific circumstances of past
inequalities in employment practices of some national minorities, including the most
marginalised. This implies that all employees need to be sufficiently trained and
competent to perform their work effectively.50
47
See also remarks in paragraphs 137 and 138 below.
See for example 1st Opinion on the United Kingdom adopted on 30 November 2001, paragraphs 96 to 99.
49
See for example 2nd Opinion on Croatia adopted on 1 October 2004, paragraphs 154 to 159.
50
See also remarks in paragraphs 36 and 37 above.
48
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