PART II Minority Involvement in the Appointment Process The Act of legislation should specify the way in which, and the extent to which, minority communities are involved with the appointment process. In the few pieces of legislation specifically drawn up for minority ombudspersons, the involvement of minority communities in the appointment process is not regulated at all. Nevertheless, it is self evident that it is important for the legitimacy of the body that the minority communities in the country are (to some extent at least) involved in the appointment procedure. This will undoubtedly enhance trust in the institution by the respective communities concerned. The latter expression, ‘communities concerned’, ties in with the mandate issue regarding the communities that are to be served by the ombudsperson (see above in the Introduction). It is in any event essential that the way in which this is realized is clearly regulated in a way that does not arbitrarily exclude groups. While there are of course considerations of practicality, an inclusive approach seems advisable. The following issues need to be clarified in the Act establishing the institution: How are the communities concerned identified? Who represents the community? Will each group have one representative in the college of community representatives or will the amount of representatives per community depend on its relative numerical strength? Another matter that needs to be spelled out in the Act establishing the institution is the actual degree of involvement of the minority communities, and the procedures for involvement. The options concerning the actual influence of the minority community range from being merely consultative to having decisive powers. 44

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