PART I
of the courts, avoids publicity or blame and yet reaches settlement. It can provide
satisfaction for the victim and also has the advantage of making the wrongdoer
understand the unfair nature of the challenged action, thus preventing repetition
of the act.
Mediation can often bring an easy remedy for the violation of the human dignity of
the victims. Sometimes apologies or recognition of fault is what victims seek, and
the ombudsman will be able to persuade the ‘respondent’ to provide this. The emphasis of the ombudsman’s procedure will be more on compensating and making
whole the victim, defining the problem and preventing its future occurrence, than
on blaming the wrongdoer.
However, it should be taken into consideration that mediation is not a solution for
all cases of violation of minority rights. Sometimes more adversarial methods can
be appropriate. Reservations concerning mediation can be raised in relation to the
message the mediation method conveys towards the public. Conciliation “treats
racism as an individual, personal act and overlooks the institutional racism which
impacts profoundly on the society” (MacEwan, 1997:21). Indeed, bringing minority
cases down to a confidential person-to-person conciliation process conveys no
message to society, it lacks the preventive educative role that investigations which
are made public, or public court procedures, may have, and instead it attempts
to solve the problem locally and silently. Its advantage is the satisfaction of the
individual complainant and the constructive solution of the local issue. This criticism can best be avoided by splitting the focus of the institution between individual
conciliation and other methods of enforcement.
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