Finally it is important to note that both domestic legislation and practice should be
subject to dynamic interpretation by the specialized minority ombudsperson. Thus,
the auditing should be done periodically, e.g. every three to five years after the first
assessment has been undertaken.
The ombudsman should draw on higher international standards, and have the
duty to promote ratification and implementation of international instruments.
The key instrument in this regard is the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Many states have also ratified
the International Covenant on Civil and Political Rights (ICCPR), where Articles 2,
26 and 27 and the jurisprudence of the Human Rights Committee, as well as its
General Comment on Article 27 of the ICCPR, have particular relevance, and there
is the less well-known International Covenant on Economic, Social and Cultural
Rights where Articles 2 and 13 are relevant.
PART I
Similarly in 2002, the Ukrainian Ombudsman, in order to begin
to address the rights of the national minorities, made a comprehensive assessment of the particular situation of different
national minority communities in six different parts of Ukraine.
Under the supervision of the Ombudsman, experts compiled
a report on the observance of the rights of national minorities.
The final report was completed in December 2002 and presented to the Parliament of Ukraine in early 2003. It is to be
used by the Office of the Ombudsman to improve its ability to
address the problems faced by national minorities in Ukraine.
There is now a growing body of evidence on how the Framework Convention for
the Protection of National Minorities (FCNM) and other instruments of international
law have been implemented; and the internet provides easy access to the views
formed by the treaty monitoring bodies on how these standards have been and
should be implemented.
The interpretative guidelines on education, language, participation and media (the
Lund, Hague and Oslo Recommendations and the Media Guidelines developed
under the auspices of the OSCE High Commissioner on National Minorities), have
been highly influential, particularly in the interpretation of the FCNM.
On the European level, the 1992 European Charter for Regional or Minority Languages should also be a tool for the minority ombudsperson. The Language Charter provides for a ‘personalized’ framework in each state, aiming to preserve minority languages and provide concrete measures within the state for the benefit of the
languages in question. The Charter seeks to ensure that minority languages can
be used actively in public and private life.
In addition, the CoE European Commission against Racism and Intolerance has
produced a wide range of country reports on all Council of Europe states as well
as valuable analyses on thematic issues citing good practice. Furthermore, the EU
Race Equality Directive (June 2000) has a particular significance for those states
that are members of the EU or are applicants for membership, as this has become
part of the “acquis communautaire” and all these states must comply with it.
Under Union law, member states are also bound by the EU Charter of Fundamental Rights. Although the EU Charter does not provide specifically for the rights of
minorities, it does contain articles prohibiting discrimination based on membership
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