Definition of ‘minority’ When deciding upon the structure of an institution, each country or region must also determine that institution’s mandate. There have been many attempts by international organizations to agree on a definition of ‘minority’. While there is broad agreement on various essential components of such a definition, such as that the group has separate characteristics and is non-dominant, it has been difficult thus far to reach final agreement between states. Neither the CoE Framework Convention for the Protection of National Minorities (FCNM) or the UN Declaration of the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities contains a definition. In comparison, the Commonwealth of Independent States (CIS) Convention on the Protection of the Rights of Persons belonging to National Minorities does include a definition in Article 1, albeit without reference to certain characteristics such as being a numerical minority or having a subjective intention to maintain a separate identity. Although recognition of a group by the state naturally has practical implications for the actual enjoyment of rights, the UN Human Rights Committee’s General Comment on Article 27 of the ICCPR provides that “the existence of an ethnic, religious or linguistic minority in a given state party does not depend upon a decision by that state party but requires to be established by objective criteria.” In a few European states it will be necessary to also consider the special needs of indigenous people. They have many of the same characteristics as ethnic minorities but they have additional distinctive features relating to their lifestyle and relationship to the land. An important principle is enunciated in Article 3.1 of the FCNM: “Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights, which are connected with this choice.” In other words, not all people wish to be labelled as belonging to a minority community and this preference must be respected. At the same time, however, an individual’s subjective will to be considered a member of a minority group should be matched with objective characteristics of the group such as language, religion or heritage. Consequently, taking into account the purpose of the minority ombudsman institution, a broad interpretation of who should be offered protection as national or ethnic, religious and linguistic minorities is appropriate. The Guide to Good Practice According to the legal and administrative traditions of the countries in which they are set up, a specialized minority ombudsman may take different forms. However, that should not diminish its role in advancing minority standards. Whatever form the ombudsman institution finally takes, it remains true that certain basic criteria must be met to ensure that the institution can function well and fairly, maintain its independence and always demand respect from society. In addition, meeting minimum criteria ensures that the institution will comply with relevant international standards, most importantly the Principles relating to the Status and Functioning of National Institutions for Protection and Promotion of Human Rights (“Paris Principles”). 8