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Advisability and feasibility of establishing a complaints mechanism for minority rights

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It has been suggested by a number of experts, states and international organizations that an effective protection of the rights of persons belonging to national minorities requires establishing a complaints mechanism for minority rights. Taking this as a point of departure the paper focused on the questions of the advisability and feasibility of the proposal. For the assessment of the advisability aspects supporting conclusions were identified in the experience of human rights and minority-related complaints systems in the United Nations and European frameworks. This paper further discusses a choice of a model for complaints mechanism and favours the one integrated with the Framework Convention on National Minorities. It is also submitted that the normative quality of the Framework Conventions, substantially increased through the reporting procedure in recent decade, strengthens the model based on the FCNM. Among feasibility questions the paper discusses legal basis for establishing the complaints mechanism and its basic procedural modalities. The most important conclusion inferred from the feasibility-related arguments points to the preference of a collective and not individual complaints system. Now it remains for the states to show if there is a sufficient willingness to enter negotiation on the proposed mechanism and put it into effect.


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