3.6 EFFECTIVE PARTICIPATION:

 

  • Minorities have a right to participate in decision-making that affects them.
  • Measures to ensure the equal participation of marginalised groups within minority communities are needed.

Policy Responses on Participation:
  • International law offers little guidance regarding institutions and mechanisms for implementing the right to participation of minorities. However, the stronger the institutions and mechanisms, the more likely they will contribute to stability and non-discrimination.
  • Policy responses to ensure the right to participate in decision-making that affects minorities may be taken at the central, regional or local levels. At a minimum, minorities should have the right to vote and to stand for office without discrimination. Consideration may be given to the shape of electoral systems. Factors such as proportional representation, candidate selection and the boundaries of electoral districts can impact upon minority participation. Designated seats for minorities in the legislature may be created. Minorities have the right to form their own political parties as well.
  • Although restrictions are often applied to political participation for non-citizens, efforts could be made to accommodate participation of immigrant minorities. This may include conferring voting rights in local elections or the creation of local consultative bodies for non-citizens. For example, Denmark has over 60 integration councils and Germany has about 400 Ausländerbeiräte (foreigners' councils) (MPG, 44). Such bodies can increase participation of excluded minorities, and improve communication and relations between immigrants, citizens and local authorities.
  • For some minority groups, forms of territorial or non-territorial autonomy may be appropriate. Minority groups that are territorially concentrated and constitute a sizeable population in the locale may be served best by autonomous forms of local or regional governance. This may enable control over decision-making for issues like education, culture, local public services and local development. Non-territorial forms of autonomy usually focus on cultural rights, such as curriculum development for minority languages, regulation of traditional laws and customs, the right to use and register their names in their own language, and the right to form cultural institutions.
  • National consultative bodies for minorities are also common. These bodies may or may not be elected directly by persons belonging to minorities. In Hungary, for example, the national law on minorities (Act LXXVII on the Rights of National and Ethnic Minorities (1993)) is the basis of self-government for Roma, the National Gypsy Self-Government (est. 1995), which contains 53 seats elected by popular vote (i.e. not exclusively by Roma). It was found to be too difficult to restrict voting only to Roma, not least because of self-identification issues. For this reason is it advantageous to adopt a variety of measures that facilitate the participation of minorities in decision-making and not rely on a single entry point of political engagement.

 

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