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