appropriate, to communities (including national minorities) that have been affected
by serious human rights violations in the context of communal conflict. This can be
achieved through several means:
i. Institutional reform/vetting of State employees54
To re-establish trust, prevent the repetition of human rights violations and
ensure the protection of human rights (including minority rights) in post-conflict
situations, State institutions (and, in particular, military, law-enforcement and
judicial bodies) should be reformed to consolidate the rule of law and guarantee
public accountability. An important part of this process consists of reforming
the normative framework (laws, by-laws and professional standards) under
which these institutions operate to ensure it is compatible with international
human rights standards. Regarding the security sector (military and lawenforcement), reform should aim to increase civilian control, ensure democratic
accountability, and improve governance and effectiveness. As for the judiciary,
reform should seek to increase its independence, impartiality, accessibility
(including for persons belonging to national minorities) and effectiveness.
Minority communities should be involved in the reform process, not least to
ensure that reforms tackle the causes of systemic discrimination in these
institutions.
Another important reform can include vetting individuals working for
State institutions to ensure that they meet basic standards of integrity and
professionalism and have not been involved in serious human rights violations,
including against persons belonging to national minorities. While vetting does
not constitute a legal remedy as such, it is nonetheless a form of accountability
and demonstrates the State’s commitment to justice for victims, including
victims from minority communities. Vetting schemes also make it possible to
hold perpetrators accountable when the prosecution of all perpetrators is not
possible. If done as follows, vetting is an important measure to rebuild national
minorities’ trust in the State and its institutions.
A vetting programme generally includes three main phases. The first phase
consists of registering staff in the institution being vetted. Second, applicants
are assessed against criteria set for State employees as well as on the basis
of information they provide alongside other information obtained through
independent sources (e.g. victims, civil society organizations, minority
54
See UN Security Council (2004) Report of the Secretary-General: The Rule of Law and Transitional Justice
in Conflict and Post-Conflict Societies, section XV.
38
The Graz Recommendations on Access to Justice and National Minorities