do not provide detailed guidance concerning mandate and competence and only seem to require that the establishment goes back to a constitutional or legislative text, setting out these topics. While the establishment is linked to a legislative or even constitutional text, according to the Paris Principles the actual appointment is merely required to be effected by ‘an official act’ without further specification, thus leaving scope for considerable variation between states. The Act of legislation establishing the institution should be sufficiently adapted to the specific circumstances in the state, while attempting to be in line with the preferences outlined in this Guide. In the following, reference will be made to ‘Act of legislation’ which would include all the options indicated as acceptable above. PART II It seems appropriate to point out that an executive ombudsperson is acceptable in so far as it is appointed by and reports to the executive, provided it meets the conditions for independence set out in the ECRI Recommendations on specialized bodies. Preferably, in order to maximize the independence of the institution the establishment must be done by a legislative Act. If the establishment is done by executive decision, this should be based on a legislative act giving the executive that competence and should comply with all requirements (aimed at ensuring the independence of the institution) spelled out in that Act. It is in any event key that the institution should not be part of the executive/departmental structure since that would raise legitimate concerns about the independence of the institution. Justice should not only be done, it should also be seen to be done. “Specialized bodies should be given terms of reference which are clearly set out in a constitutional or other legislative text.” ECRI General Policy Recommendation No. 2, Principle 1. It is commendable that minority ombudsman institutions are also established at sub-state levels if the corresponding level of government has competences that are specifically relevant for minorities. A decision must be made as to whether an ombudsman will only be established at national level, or also at regional or even local levels. Especially in federal systems, the question whether the federated entities can and should also establish a minority ombudsman is certainly relevant in view of the growing acceptance that the existence of minority groups should not only be determined at national level but also at sub-state level. In the following sections, the terms used will be limited to the national level (e.g. Act of legislation) but should be read as to include the corresponding terms at substate level (e.g. regulation by the provincial assembly or assembly of the federated entity). 41