rights institutions.18 The Lund Recommendations on the Effective Participation of National Minorities underscore that “[n]on-judicial mechanisms and institutions, such as national commissions, ombudspersons, inter-ethnic or ‘race’ relations boards, etc., may also play critical roles.”19 With a mandate focused on promoting and protecting human rights, they are well suited to deal with violations affecting persons belonging to minority communities, especially if these involve public bodies (see below). In cases where judicial intervention is not legally possible, is unrealistic or unavailable to persons belonging to national minorities (for instance when litigation is too expensive), national human rights institutions can also provide an alternative recourse. Lastly, human rights institutions can offer a simpler and faster alternative to courts, making them more accessible to the public, and to minority communities in particular.20 The form that participating States may adopt for their national human rights institutions depends on the context in which they are established. A State may decide to establish several human rights institutions, each with a specialized geographic or thematic focus, or to create one body with a broad mandate. Generally, ombudspersons deal with complaints of maladministration against public bodies while human rights commissions tend to have broader mandates that encompass the protection of human and minority rights guaranteed by the State’s constitution and, in many instances, international human rights standards as well. Bodies with a more specialized focus (for the protection of the rights of children or minorities for example) can co-exist and co-operate with generalist institutions. From a conflict prevention perspective, it is important that minority communities be consulted prior to the establishment of these institutions and be represented in them (see Recommendation 5). They should also be fully independent and perceived as impartial by national minorities. They should have as broad a mandate as possible, and that should include, at least, the power to tackle administrative disputes involving organizations representing minority communities as well as cases of discrimination and human rights breaches committed by public entities, especially those that come in regular contact with persons belonging to minority communities. These include, inter alia, education bodies, social services and local authorities, as well as police and other security forces, detention centres and correctional services. By doing so, national human rights institutions can also build 18 19 20 16 OSCE (1990) Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, paragraph 27. HCNM (1999) The Lund Recommendations on the Effective Participation of National Minorities in Public Life, explanatory note to Recommendation 24. HCNM (1998) The Oslo Recommendations, explanatory note to Recommendation 16. The Graz Recommendations on Access to Justice and National Minorities

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