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 19

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