PART III
ombudsman institution should immediately contact that other body to see whether
the complaint or legal process is still active. If the complaint or process is at an advanced stage, it is probably inappropriate for the ombudsman institution to take up
the complaint; considerable resources may well have been expended in the other
forum, and considerable ill will could be created should the institution decide that it,
too, will investigate. If, however, the process is at an early stage, the ombudsman
might indicate to the complainant that the complaint or process can be started in
either forum, but not both, and could advise as to the differences which may exist
between the processes and the remedies which each body may provide. Ideally, it
should be left to the complainant to make a fully informed decision about the choice
of forum.
Bringing International Standards to Bear
The ombudsman must keep abreast of developments in international standards and law in the minority protection field.
The ombudsman should establish and maintain a library of relevant legal
materials and information about domestic developments.
The law in the area of the protection of minorities is rapidly developing. In addition to the development of new international instruments, there is huge growth in
standard setting under existing instruments, particularly those of the Council of Europe. In addition to judicial decisions, the various treaty-based monitoring bodies
are producing detailed reports on implementation by states of the legal norms. In
addition to clarifying the content of the norms, such reports are also a valuable
source of state practice, some of which is exemplary. Not surprisingly, the growth
in standards and in the output of treaty bodies has also encouraged an explosion of
comment, both from academics and from NGOs active in the field, and such output
also enriches our understanding of the legal norms and of best practices. Finally,
there is a steady growth of national and sub-national legislation and administrative
practice relevant to minority issues, and this law and practice can provide a very
useful source of information to minority ombudsman institutions. It is important
that institutions can keep abreast of such developments, ensure that staff are adequately trained, and ensure that information relating to such developments are
disseminated as broadly as possible, amongst politicians, national, local and regional governments and parliaments/councils, civil servants, domestic NGOs and
other civil society organizations, including community organizations, the media,
schools, colleges and universities.
A minority ombudsman institution should have a proper library. To the extent that
the institution is investigating complaints and, potentially, playing any role in rendering legal decisions or participating in legal processes, the library must have all
relevant legal materials, including legislation, law reports, and relevant journals.
With regard to its broader roles – for example, advising governments and public bodies on legal and other developments – the institution will want to ensure
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