A/67/293
74. The Paris principles require bodies to address racial discrimination proactively,
including by increasing public awareness through provision of information and
education and by making use of all press organs. The Office of the United Nations
High Commissioner for Human Rights and the United Nations Development
Programme (UNDP) have highlighted the fact that in some States the rights of
groups including minorities may be controversial and contested and that national
human rights institutions “are frequently the only ones that can and do speak out in
defence of those who have no voice, or whose influence is minimal”. 32 They
frequently provide vital critical assessments of Government policy and practice,
including through reports to United Nations treaty bodies that provide
non-governmental perspectives and substantive recommendations. With specialist
minority expertise, they are well placed to advise Governments and critique their
minority-related policy and practice.
75. Owing to financial factors, administrative and resource burdens and the
importance of institutional identity, strong general human rights institutions are
preferred by many States. However, the European Centre for Minority Issues states
that “given the importance of minority issues to both the minority and the majority
communities … the appointment of an officer or establishment of a specialized
department in the field of minority protection can only be welcomed”. 33 In reality,
departments or sections may work within less well defined policy and mandate
frameworks than those of dedicated bodies, and may face staff and resource
restrictions. Senior appointments, including such posts as deputy ombudsperson for
minorities, could be regarded as maintaining appropriate high-level focus on
minority issues.
76. Dedicated minority ombudsperson’s offices, commissions or racial equality
bodies, with clearly defined minority rights mandates, can create strong institutional
identity and relatively high issue-visibility. Their mandates commonly demonstrate
proactive, wide-ranging activities. The Ombudsman for Minorities of Finland, for
example, works to advance the status and legal protection of ethnic minorities, as
well as equality, non-discrimination and good ethnic relations. 34 Its activities
include: providing guidance on ethnicity issues and information and training on
ethnicity; influencing topical issues by participating in public debates; and issuing
statements. It supervises compliance with the non-discrimination act, offers legal
opinions and advice and undertakes reconciliation.
77. An important role of independent human rights bodies is in provision of
complaint-handling services. Disadvantaged minorities may be reluctant to report
incidents of discrimination or lack information or resources that enable them to
make or pursue complaints. Specialist bodies frequently provide legal assistance and
advisory services. They may offer alternative pathways, including mediation
services that pursue solutions outside the courts and provide relatively quick, free
and less formal access to remedies. However complaint-handling activities should
include the ability to conduct investigations based on information or complaints
received and to initiate or pursue legal action in the courts and/or refer cases to
other appropriate bodies, including tribunals.
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32
33
34
12-45950
See http://www.ohchr.org/Documents/Countries/NHRI/1950-UNDP-UHCHR-Toolkit-LR.pdf.
See http://www.ecmi.de/uploads/tx_lfpubdb/Ombudsman_guide_English.pdf.
See http://www.vahemmistovaltuutettu.fi/english.
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