Compendium of Standards, Good Practices and Recommendations Other relevant instruments regarding minority rights include the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities381 and the Council of Europe Framework Convention for the Protection of National Minorities.382 Different Approaches This section describes different approaches to dealing with racial discrimination, including legal or complaints processes and employment policies, with a view to identifying good practices. A discussion follows on the position of non-nationals in the armed forces and linguistic minorities. Dealing with complaints of racial discrimination or harassment To comply with the human rights obligations described above, it is essential that effective means are in place for dealing with complaints of racial discrimination. Remedies for discrimination may take several forms. One avenue is to allow for civil claims of discrimination to be brought to civilian employment tribunals (see Box 10.6 on the United Kingdom’s approach) or to provide a right to direct access to human rights commissions, as in Canada. Box 10.6: Internal procedures for racial discrimination claims in the United Kingdom383 In the United Kingdom, general legislation preventing racial discrimination was extended to the Armed Forces in 1996 and allows members of the Armed Forces to bring allegations of racial discrimination before a civilian employment tribunal. Before they do so, however, they must make a complaint under an internal service procedure (known as a complaint for redress). Typically, the Armed Forces requests that tribunal proceedings be deferred until the conclusion of the internal procedure. The advantages of this approach are that it encourages the internal resolution of these cases and allows for allegations of discriminatory actions by other service personnel to birth or other status. The principle of non-discrimination will not be violated if the distinction between individuals in analogous situations has an objective and reasonable justification in the pursuit of a legitimate aim, such as maintaining combat effectiveness, and if the means thus employed are reasonably proportionate to the aim pursued.” Council of Europe, Recommendation CM/Rec(2010)4, op. cit., note 26. 381 UN General Assembly “Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities”, General Assembly resolution 47/135, 18 December 1992, https://www.ohchr.org/EN/ ProfessionalInterest/Pages/Minorities.aspx. 382 The Framework Convention has been ratified by 39 OSCE participating States. More information is available at https://www.coe.int/en/web/minorities/at-a-glance. 383 Appendix 11 to the Minutes of Evidence, “Special Report of Armed Forces Select Committee 2001”, 2001 HC (House of Commons Papers) 154, Vol. II; Race Relations Act 1976, Section 75; Race Relations (Complaints to Industrial Tribunals) (Armed Forces) Regulations 1997; the United Kingdom Armed Forces Act 2006, Sections 334-339, https://www.legislation.gov.uk/ukpga/2006/52/pdfs/ukpga_20060052_en.pdf. 167