Of particular interest here are specialized ombudsman institutions for the protection of minority communities. The European Commission Against Racism and Intolerance (ECRI) recommended that states establish specialized bodies (in 1997) and
enact legislation (in 2002) to combat racism and racial discrimination. That obligation is mirrored in two EU Non-Discrimination Directives from 2000. The new EU
Constitution enumerates respect of minorities as a foundational value for the EU. In
Europe, however, there are only two countries with specialized ombudspersons
in the area of the protection of minorities, namely Hungary and Finland. Sweden
has an Ombudsman against Ethnic Discrimination; Germany has established a
Commissioner for Matters Related to Repatriates and National Minorities at the
federal level and, in the state of Schleswig-Holstein, a Commissioner of the Minister President for Minority Affairs. Other countries, including Belgium, Denmark, the
Netherlands, Norway and the United Kingdom have specialized bodies for combating racism or ethnic discrimination, not based directly on an ombudsman model,
but with some similar functions. In some of these countries these discrimination
bodies are developing their mandate so as to be able to accept individual complaints.
PART I
of institutions with a specific human rights mandate, including not only national
human rights commissions, but also human rights ombudsman institutions, or a
hybrid mix of the two. This makes the field very dynamic because the full mandate
of an ombudsman now also entails not only a reactive investigation of complaints
but also a proactive protection of rights, where the ombudsman’s office is involved
in ex officio investigations, studies, public awareness campaigns and sometimes
even lobbying.
A specialist mandate prominently featuring minority protection can be created in
various ways. Options include the creation of a separate thematic institution, establishing a minority issues department or focus group within a more general institution, or appointing a responsible deputy ombudsman or special officer, again,
within a more general institution. The potential usefulness of such structures in the
field of minority protection, particularly in states going through, or having recently
been through, the process of democratization, is not really in question. Nevertheless, while there is a general trend towards specialization of institutions across
all thematic areas, the pros and cons of such an approach are often disputed.
For a number of reasons, including financial factors, administrative and resource
burdens, and the importance of the maintenance of institutional identity, having
one strong general ombudsman is the preferred approach of many states. In such
a case, and given the importance of minority issues to both the minority and the
majority communities in a state, the appointment of an officer or establishment of a
specialized department in the field of minority protection can only be welcomed.
Although in this Guide the term ‘specialized minority ombudsman’ is often referred
to, this should be interpreted to also cover a specialized officer, department or
deputy ombudsman within a general ombudsman institution as is appropriate.
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