to refer complaints falling outside their jurisdiction to the appropriate decisionmaking authority for adjudication.
iv. The ability to seek a settlement through an alternative dispute resolution
process
Human rights institutions should be able to secure a remedy for minority
complainants through alternative dispute resolution techniques, such as
negotiation, mediation or conciliation, as long as they are compatible with
international human rights standards. For instance, a national human rights
entity may direct parties to an appropriate resolution once a determination has
been made that a violation has occurred. A human rights body could also be
involved in negotiations on behalf of a complainant belonging to a national
minority with a public institution accused of having breached his or her rights.
Alternative dispute resolution mechanisms under the auspices of national
human rights institutions can secure a remedy for minority complainants, but
they should not preclude litigation in case of non-compliance.
3.
States should ensure that when persons belonging to national
minorities engage with judicial and national human rights institutions
and take part in proceedings, they are able to do so in a language
they understand, and preferably in their language, as well as in an
environment that is respectful of their identity.
In order to build trust with minority communities and provide them with more direct
and easier access to justice, States should ensure that they create an environment
in judicial and national human rights institutions that is respectful of the identity of
national minorities, operates in accordance with existing international standards
and is conducive to the effective administration of justice.
Central to this is the guarantee that a language that national minorities understand
will be used during proceedings. This is a basic standard of due process that is
universally applicable in judicial proceedings, and should also be applicable to
proceedings conducted by national human rights institutions.22 Indeed, The Oslo
22
18
International Covenant on Civil and Political Rights (1976) article 14; OSCE, Document of the Moscow
Meeting of the Conference on the Human Dimension of the CSCE (1991), article 23.1(ii); and European
Convention for the Protection of Human Rights and Fundamental Freedoms (1950) article 6.
The Graz Recommendations on Access to Justice and National Minorities