ACFC/31DOC(2008)001
monitor and, in due course, evaluate the impact of privatisation. Moreover, persons
belonging to national minorities should participate effectively in these monitoring and
evaluation processes.11
52.
Substantial difficulties in gaining access to property can also result from armed
conflicts and the subsequent displacements of populations. State Parties should ensure
that property claims by persons belonging to national minorities are processed and
implemented in an efficient and transparent manner and do not result in discriminatory
outcomes.12
53.
Violations of land rights or limitations imposed on the use of land by certain
groups such as indigenous peoples, whose economic situation is closely connected to land
usage, can significantly undermine their participation in socio-economic life. Therefore,
land traditionally used by them should be given particular and effective protection.
Furthermore, the representatives of indigenous peoples should be closely involved in any
decision-making affecting the use of land in their traditional areas of residency.
g) Residency, language and other requirements as a condition for participation in
socio-economic life
54.
In some State Parties, residency requirements are imposed by some employers or
by the State as a prerequisite for recruitment,13 or for registering and running private
business; these practices can affect in a disproportionate manner persons belonging to
certain national minorities. They can face specific difficulties in registering their
residency, due to administrative or other obstacles. Residency requirement problems can
also hinder their access to basic social rights, such as healthcare, unemployment services
and pension entitlements. Persons belonging to national minorities which have a nomadic
lifestyle also face obstacles to participation in socio-economic life when residency-related
requirements are not adapted to their lifestyle.
55.
Moreover, undue or disproportionate language proficiency requirements in order
to access certain jobs or in the provision of goods and services, especially in the private
sector, can hamper access to employment and social protection of persons belonging to
national minorities.14 State Parties should therefore take effective measures to remove
any undue restrictions in the access to the labour market, which particularly affect
persons belonging to certain national minorities. In situations where language proficiency
requirements are a legitimate condition for access to certain jobs, notably in the public
service, language training courses should be made available to prevent discrimination of
persons belonging to national minorities. Access to basic social benefits and to certain
public services should not be hampered by undue language or residency requirements.
11
See for example Opinion on Kosovo (UNMIK), adopted on 25 November 2005, paragraph 115.
See for example Opinion on Kosovo (UNMIK), paragraph 116.
13
See for example 2nd Opinion on the Russian Federation, paragraphs 59, 272 and 273.
14
See for example 1st Opinion on Azerbaijan, adopted on 22 May 2003, paragraph 79.
12
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