judge effectiveness should not only consider whether the identified objectives have
been achieved, but also the relevance of the objectives themselves.
It is important that integration policies set clear targets with indicators and
benchmarks to enable systematic and effective policy development, implementation
and adaptation over time.
Furthermore, internal reviews by the authorities should be complemented with
independent assessments, and should be based on explicit criteria, formulated in
consultation with persons belonging to minorities. They should be performed on a
regular basis and according to a specified schedule; for instance, every two years.
Legislation and institutions
18. Legislative frameworks, including constitutional law, should be inclusive
and should explicitly recognize the diversity within plural societies and
guarantee its protection and promotion.
Legislation should reflect the principles of recognition of diversity in society and
effective participation.52 This is achieved by explicitly acknowledging diversity within
plural societies. The protection of diversity should be guaranteed and its value
promoted. Only if legislation at all levels, including sub-national where appropriate,
is informed by such an approach can the legal environment be favourable to
integration. This can be further facilitated by constitutional entrenchment of the
principles of recognition and inclusion, as well as of effective participation.
Inclusive legislation implies that all interested minorities are given appropriate
channels to have their voices heard in the process of drafting legislation and
implementing measures. This means they can substantially contribute to determining
the content of legislation. Inclusiveness is therefore closely linked to the concept
and practical manifestations of effective participation.53 This may include, where
appropriate, entrenched decision-making procedures, expert hearings, enhanced
participation in all phases of drafting, judicial review prompted by minorities, veto
rights, conciliation mechanisms or other forms of participation.
52
53
28
Also see Guidelines 5 and 9.
As specified, inter alia, by the Commentary on Participation.
Guidelines on Integration of Diverse Societies