Finally, when giving advice, the ombudsperson should build both his/her experience and reputation by making accurate and fair assessments of the policy or
legislation in question, always acting as an independent and impartial mediator in
these and other functions.
There has now been significant development in legal protection for minorities. Although there are sufficient standards in place to provide a good starting base,
some standards appear somewhat vague. Therefore the role of the specialized
minority ombudsperson will be crucial in developing these standards. The protection of rights of national minorities, which forms an integral part of the international
protection of human rights, must also be seen as a function of good governance.
Satisfactory resolution of interethnic issues is in the interest of the state and the
majority population, not only the minority communities. It is essential for stability,
democratic security and peace. By advancing domestic standards, the specialized
minority ombudsperson will therefore also function as an additional mechanism for
the prevention of conflicts and disputes.
PART I
The ombudsman should help to develop higher legal standards and advance
their interpretation.
The specialized minority ombudsperson is not intended to act as an organ setting legal standards as such, neither should he/she have legal authority to create
any binding norms or standards. However, the ombudsperson can still play an
important role in the development of higher legal standards. This is usually done
through the production of individual reports as well as by making general policy
recommendations.
From Legislation to Action:
Encouraging Governmental Programming
Minority rights and the protection of minorities, like the rule of law, demands the
transformation of international standards, constitutional law and legislation into
operational practice for every community and for every individual. The issues involved are complex and diverse covering civil, political, economic, social and cultural rights. They have both an individual and a collective dimension and are often
set in a controversial environment.
The Council of Europe Framework Convention contains mostly programme-type
provisions setting out objectives which the parties undertake to pursue. These provisions, for which the Explanatory Report to the FCNM will not be directly applicable, leave the states concerned a measure of discretion in the implementation of
the objectives which they have undertaken to achieve, thus enabling them to take
particular circumstances into account.
The FCNM Explanatory Report refers not only to programme-type provisions but
also stipulates that the implementation of the principles set out in the Framework
Convention shall be done through national legislation and appropriate governmental policies. Consequently governments will need to involve many people with dif31