Condensed: Minorities have a right to effectively have their opinions heard and fully taken into account before decisions that concern them are adopted. This is essential to preserve their identity and preventing exclusion and discrimination. Members of minority groups should be allowed to take part at all levels of national politics. Members of minorities should have equal access to public service. Barriers to the acquisition of citizenship should be reduced and States should provide for political participation by resident non-citizens. Examples of situations that may amount to violation of the right of the minorities to participate effectively in decision making include restriction on the eligibility to apply for citizenship, voting, and to hold public offices, as well as under-representation in public service such as police and criminal justice agencies, in the judiciary, and lack of participation in public offices and politics. . Comprehensive: Article 2(3) of the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities provides: Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation.[1] According to the Working Group on Minorities, effective participation entails a right of minorities to have their opinions heard and fully taken into account before decisions that concern them are adopted.[2] Advisory or consultative bodies involving minorities should be established and consulted.[3] Minorities should be given access to information necessary for this right to be effective. Such information should be comprehensive and include disaggregated data.[4] (See also*consultation with communities about policies which directly affect them*). States should take steps to ensure that the diversity of minority communities is reflected in pluralist representation. Members of minority groups should thus be allowed to take part at all levels of national politics through participation in political parties, standing for election and voting. Information and materials about voting should be available in minority languages.[5] Prohibition of political parties with an ethnic or religious basis may unduly limit the right to political participation.[6] In Sejdić and Finci v Bosnia and Herzegovina the EctHR held that the Bosnian Constitution and electoral laws unfairly discriminated against minorities such as Roma and Jews as only ‘constituent peoples’, that is ethnic Serbs, Croats and Bosniaks could stand for election to the House of Peoples.[7] According to the UN Working Group on Minorities ‘[p]reference voting, where voters rank candidates in order of choice, may … facilitate minority representation and promote inter-communal cooperation.’[8] Decentralization may help in making the voice of minorities heard in decision making.[9] The right to participate in decision-making also encompasses influencing policies through the media, lobbying, etc.[10] Accurate voters’ registers are an important precondition to enable the effective political participation of minorities. Voter registration must be implemented in a non-discriminatory way, taking into account the special needs of minorities in the areas of language, cultural appropriateness and accessibility of registration and voting processes.[11] Demarcation of constituency boundaries should not be made in a way which excludes minorities.[12] Members of minorities should have *equal access to public service*.[13] Barriers to the acquisition of *citizenship* should be reduced and States should provide for political participation by resident non-citizens by providing for ‘local voting rights after a certain period of residence and inclusion of elected non-citizen observers in municipal, regional and national legislative and decision-making assemblies.’[14] Examples of situations that may amount to violation of the right of the minorities to participate effectively in decision making include restriction on the eligibility to apply for citizenship, voting, and to hold public offices,[15] as well as under-representation in public service such as police and criminal justice agencies,[16] in the judiciary,[17] and lack of participation in public offices and politics.[18] Effective participation is also linked to access to justice as members of minority communities may need to turn to the courts when being excluded. Barriers to access to justice include physical distance, language barriers, illiteracy, discriminatory attitudes etc. (See *access to judicial, administrative and other mechanisms*). Time-bound, specifically designed measures to address systematic, historic and institutionalized discrimination may enable minorities to participate effectively. (See *special measures for women, disadvantaged groups and persons with disabilities (affirmative action)*).It is particularly important to ensure effective participation of groups risking intersectional or multiple discrimination such as women, LGBTI, persons with disabilities, the elderly, etc.
The UN Forum on Minority issues, established by the Human Rights Council in 2007, considered the thematic subject of minorities and effective political participation in its annual session in 2009. The Forum produced a series of recommendations for States and other actors aimed at ensuring the meaningful political representation and participation of minorities. Additional references
L Claridge ‘Discrimination and political participation in Bosnia and Herzegovina’ Minority Rights Group International (2010) M Weller (ed) Political participation of minorities – A commentary on international standards and practice (2010)
[1]See also ICCPR art 25,; CERD art 5(c), CoE Framework Convention for the Protection of National Minorities art 15. [2]Working Group on Minorities of the Sub-Commission on the Promotion and Protection of Human Rights, Commentary on the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, E/CN.4/Sub.2/AC.5/2005/2 , para 38. See also HRC General Comment 23 para 7. [3] Working Group on Minorities para 48. [4]Cf CoE Advisory Committee on the Framework Convention for the Protection of National Minorities, Commentary on the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs para 30. [5]HRC General Comment 25 para 12. [6]CoE Advisory Committee on the Framework Convention for the Protection of National Minorities, Commentary on the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, para 75. [7]Sejdić and Finci v Bosnia and Herzegovinaapplications 27996/06 and 34836/06 (ECtHR (GC) 2009) para 50. [8] Working Group on Minorities para 45. [9] Working Group on Minorities para 46. [10] Durban Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, para 43, which call on the media to provide equal access to and participation in media of Roma/Gypsies/Sinti/Travellers. [11]OSCE Guidelines to assist national minority participation in the electoral process, Lund recommendation on elections: No 7, 21. [12]CoE Advisory Committee on the Framework Convention for the Protection of National Minorities, Commentary on the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs paras 88-90. [13] Working Group on Minorities para 49. [14]Working Group on Minorities para 50. [15] The Special Rapporteur on freedom of religion or belief, Mission to Maldives (A/HRC/4/21/Add.3, paras 66-67).The Special Rapporteur expressed concern that, in Maldives, constitutional provisions restricted the eligibility to apply for citizenship, to vote and to hold certain public offices to Muslims only. [16] The Special Rapporteur on freedom of religion or belief, Mission to the United Kingdom of Great Britain and Northern Ireland, A/HRC/7/10/Add.3, para 63. [17] The Special Rapporteur on the independence of judges and lawyers, Mission to Ecuador, E/CN.4/2006/52/Add.2, para 28. [18] See Canada’s recommendation to Switzerland and Ghana’s recommendation to Netherlands during UPR sessions, Human Rights Council Forum on Minority Issues Second session Geneva, 12-13 November 2009 A/HRC/FMI/2009/5 para 17.
Minorities have a right to effectively have their opinions heard and fully taken into account before decisions that concern them are adopted. This is essential to preserve their identity and preventing exclusion and discrimination. Members of minority groups should be allowed to take part at all levels of national politics. Members of minorities should have equal access to public service. Barriers to the acquisition of citizenship should be reduced and States should provide for political participation by resident non-citizens.
Examples of situations that may amount to violation of the right of the minorities to participate effectively in decision making include restriction on the eligibility to apply for citizenship, voting, and to hold public offices, as well as under-representation in public service such as police and criminal justice agencies, in the judiciary, and lack of participation in public offices and politics.
.
Comprehensive:
Article 2(3) of the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities provides:
Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation.[1]
According to the Working Group on Minorities, effective participation entails a right of minorities to have their opinions heard and fully taken into account before decisions that concern them are adopted.[2] Advisory or consultative bodies involving minorities should be established and consulted.[3] Minorities should be given access to information necessary for this right to be effective. Such information should be comprehensive and include disaggregated data.[4] (See also*consultation with communities about policies which directly affect them*).
States should take steps to ensure that the diversity of minority communities is reflected in pluralist representation. Members of minority groups should thus be allowed to take part at all levels of national politics through participation in political parties, standing for election and voting. Information and materials about voting should be available in minority languages.[5] Prohibition of political parties with an ethnic or religious basis may unduly limit the right to political participation.[6]
In Sejdić and Finci v Bosnia and Herzegovina the EctHR held that the Bosnian Constitution and electoral laws unfairly discriminated against minorities such as Roma and Jews as only ‘constituent peoples’, that is ethnic Serbs, Croats and Bosniaks could stand for election to the House of Peoples.[7]
According to the UN Working Group on Minorities ‘[p]reference voting, where voters rank candidates in order of choice, may … facilitate minority representation and promote inter-communal cooperation.’[8] Decentralization may help in making the voice of minorities heard in decision making.[9] The right to participate in decision-making also encompasses influencing policies through the media, lobbying, etc.[10]
Accurate voters’ registers are an important precondition to enable the effective political participation of minorities. Voter registration must be implemented in a non-discriminatory way, taking into account the special needs of minorities in the areas of language, cultural appropriateness and accessibility of registration and voting processes.[11] Demarcation of constituency boundaries should not be made in a way which excludes minorities.[12]
Members of minorities should have *equal access to public service*.[13] Barriers to the acquisition of *citizenship* should be reduced and States should provide for political participation by resident non-citizens by providing for ‘local voting rights after a certain period of residence and inclusion of elected non-citizen observers in municipal, regional and national legislative and decision-making assemblies.’[14]
Examples of situations that may amount to violation of the right of the minorities to participate effectively in decision making include restriction on the eligibility to apply for citizenship, voting, and to hold public offices,[15] as well as under-representation in public service such as police and criminal justice agencies,[16] in the judiciary,[17] and lack of participation in public offices and politics.[18] Effective participation is also linked to access to justice as members of minority communities may need to turn to the courts when being excluded. Barriers to access to justice include physical distance, language barriers, illiteracy, discriminatory attitudes etc. (See *access to judicial, administrative and other mechanisms*).
Time-bound, specifically designed measures to address systematic, historic and institutionalized discrimination may enable minorities to participate effectively. (See *special measures for women, disadvantaged groups and persons with disabilities (affirmative action)*).It is particularly important to ensure effective participation of groups risking intersectional or multiple discrimination such as women, LGBTI, persons with disabilities, the elderly, etc.
The UN Forum on Minority issues, established by the Human Rights Council in 2007, considered the thematic subject of minorities and effective political participation in its annual session in 2009. The Forum produced a series of recommendations for States and other actors aimed at ensuring the meaningful political representation and participation of minorities.
Additional references
L Claridge ‘Discrimination and political participation in Bosnia and Herzegovina’ Minority Rights Group International (2010)
M Weller (ed) Political participation of minorities – A commentary on international standards and practice (2010)
[1]See also ICCPR art 25,; CERD art 5(c), CoE Framework Convention for the Protection of National Minorities art 15.
[2]Working Group on Minorities of the Sub-Commission on the Promotion and Protection of Human Rights, Commentary on the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, E/CN.4/Sub.2/AC.5/2005/2 , para 38. See also HRC General Comment 23 para 7.
[3] Working Group on Minorities para 48.
[4]Cf CoE Advisory Committee on the Framework Convention for the Protection of National Minorities, Commentary on the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs para 30.
[5]HRC General Comment 25 para 12.
[6]CoE Advisory Committee on the Framework Convention for the Protection of National Minorities, Commentary on the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, para 75.
[7]Sejdić and Finci v Bosnia and Herzegovinaapplications 27996/06 and 34836/06 (ECtHR (GC) 2009) para 50.
[8] Working Group on Minorities para 45.
[9] Working Group on Minorities para 46.
[10] Durban Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, para 43, which call on the media to provide equal access to and participation in media of Roma/Gypsies/Sinti/Travellers.
[11]OSCE Guidelines to assist national minority participation in the electoral process, Lund recommendation on elections: No 7, 21.
[12]CoE Advisory Committee on the Framework Convention for the Protection of National Minorities, Commentary on the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs paras 88-90.
[13] Working Group on Minorities para 49.
[14]Working Group on Minorities para 50.
[15] The Special Rapporteur on freedom of religion or belief, Mission to Maldives (A/HRC/4/21/Add.3, paras 66-67).The Special Rapporteur expressed concern that, in Maldives, constitutional provisions restricted the eligibility to apply for citizenship, to vote and to hold certain public offices to Muslims only.
[16] The Special Rapporteur on freedom of religion or belief, Mission to the United Kingdom of Great Britain and Northern Ireland, A/HRC/7/10/Add.3, para 63.
[17] The Special Rapporteur on the independence of judges and lawyers, Mission to Ecuador, E/CN.4/2006/52/Add.2, para 28.
[18] See Canada’s recommendation to Switzerland and Ghana’s recommendation to Netherlands during UPR sessions, Human Rights Council Forum on Minority Issues Second session Geneva, 12-13 November 2009 A/HRC/FMI/2009/5 para 17.