quently voiced problem is that the recommendations of such bodies are not always
taken into consideration, or not even placed on the agenda of discussions. This
could be prevented by making clear reference in the Act of establishment of the
institution to the duty of parliament and relevant governmental departments to at
least place the policy and legislative recommendations of the ombudsman on their
agenda once the recommendations have been formulated
Whether there is a parliamentary or human rights ombudsman, or a specialist institution for minority issues, the institution should apply and insist on the implementation of minimum standards of minority protection. Whenever possible the
ombudsman should also support development of the existing standards. The specialized minority ombudsperson should function as an ‘engine of development of
minority standards’ or a ‘service provider for minority rights’. Each institution needs
to devise its own methods for effective enforcement and advancement of domestic
minority standards, in particular depending on the country specific situation (and
the ombudsman’s relation to parliament, government and the courts).
PART I
The minority ombudsman may have the power to:
- monitor existing laws and policies with respect to minority rights and to
recommend amendments or any other changes
- express opinion on all new legislative drafts and policies that are
related to minority issues
- initiate new laws and policies concerning minority rights
- review all other laws which could have a special impact on minorities.
There are different options available here. One extreme method could be giving
the ombudsman a right of veto on legislation and policies strictly related to minority
rights. Another option could be setting down strict consulting requirements, which
could imply the obligation of the policymaker to involve the ombudsman into the
process of policy-making. The weakest possibility is providing for a right of the ombudsman to express opinion. In all cases, the policymaker should clearly have the
duty to inform the ombudsman about all policy drafts in a timely manner.
The ombudsman should undertake periodical audits of legislative provisions
affecting minority rights.
The minority ombudsperson should have the power to exercise ‘the minority provision audit’. The ‘minority provision audit’ means the examination and checking of
legislation by a professional ‘auditor’, external to the legislative-making power – in
this case the ombudsperson. He/she has to ensure that standards and procedure
are followed.
The ‘auditing’ function of the specialized minority ombudsperson should be consistent with the ombudsperson’s overall mandate. In particular, it should involve the
ombudsperson’s assessment, opinion and recommendations on domestic standards that relate to minority rights. The purpose of the minority provision audit is
to be able to pinpoint what is wrong with legislation and practice, and to indicate
what steps should be taken to implement the necessary changes. It should be
explicitly stated in the legal framework that the minority ombudsperson must not
only guard legality, but also promote equity in the field of minority rights. The standards to be applied by the ombudsperson should clearly include not only the ones
codified in national legislation but also international standards. Therefore, in order
to exercise the auditing function properly, the specialized minority ombudsperson
should identify the (minimum) domestic and international standards that should be
applied in the particular state. Where possible, the specialized minority ombudsperson should also draw on higher standards that have become the custom and
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