ferent roles ranging from senior legal advisers of the government in the capital to
teachers in primary schools in remote areas.
PART I
The strategic powers of the ombudsman-type institution will have a role in defining
and coordinating the minority policy of the respective country, and in finding the
appropriate solution for addressing the issue as widely and as comprehensively
as possible.
The ombudsman should be involved in a programme-type approach to the
implementation of minority rights.
The ombudsman can offer advice on government action programmes and
policy, and may be involved in training and liaising with relevant actors to improve practices.
The rule of law involves a complex interrelationship between international standards,
constitutional law, legislation and both central and local governmental decrees.
These must be understood and implemented by a range of different functionaries
from judges, prosecutors and lawyers to court officials, local self government legal
advisers and the police in all regions of the country. It demands an understanding
of the law but also crucial for its implementation is a detailed understanding of what
this means in practical everyday terms. Consistency is needed across the country
and this will require interpretation, dissemination of information and advice, as well
as training on implementation. This will in turn require budgetary resources to ensure that the rule of law is implemented effectively.
Similarly, the programme-type provisions and appropriate governmental policies
require policies at a ministry level, the agreement of priorities and an implementation plan both centrally and locally. It will include ministers and civil servants in the
capital, local self-government politicians and administrators, local managers and
staff to implement the programmes.
The issues are diverse and can range from education and culture to training and
employment, involving a wide range of competences and demanding a range of
initiatives in different sectors. Once again there will be a need for interpreting and
planning based on the rights and protection granted, careful communication through
the dissemination of information and advice, and piloting new schemes thorough
competent bodies. This will again require human and financial resources.
The ombudsman’s office can play a role in offering advice on what should be done
but may go beyond this to helping to train and to bring key actors together to share
experiences and improve practices.
The enhancement of good relations between minority and majority communities is
crucial for protecting minorities and promoting their identity. The Framework Convention places an obligation on the state to encourage a spirit of tolerance and intercultural dialogue and to take effective measures to promote mutual respect, understanding and cooperation among all persons living on their territory, irrespective
of those persons’ ethnic, cultural, linguistic or religious identity, in particular in the
fields of education, culture and the media. Additionally, the Framework Convention
obliges states under international law to take measures in the fields of education
and research to foster knowledge of the culture, history, language and religion of
their national minorities and of the majority.
The ombudsman can play a dynamic role in proposing policies and programmes
to the government and its ministries as to how they may strengthen a spirit of tolerance and intercultural dialogue. Acting as a neutral, objective actor, the office can
also help ensure that the rights of minorities are respected by majorities and vice
versa.
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