UNITED NATIONS • Forum on Minority Issues
International Covenant on Civil and Political Rights, and article 30 of the Convention
on the Rights of the Child. The jurisprudence and general comments of the Human
Rights Committee, particularly regarding the implementation of articles 25 and 27,
have also informed these recommendations.
3.
The recommendations are phrased in broad terms and may be implemented in
countries with diverse historical, cultural and religious backgrounds, with full respect
for universal human rights. They take into account the fact that, owing to the great
variety and developments of situations, standard solutions are generally neither
possible nor desirable.
4.
The present document, which should be read in conjunction with the
background document on minorities and effective political participation
(A/HRC/FMI/2009/3), seeks to provide decision makers, public officials,
non-governmental organizations, academics and other stakeholders with an
overview of possible options to assist them in making informed choices when
designing legislation and policies aimed at ensuring adequate minority
participation. While there are no “one size fits all” models for every conceivable
context, the options identified herein offer a number of positive examples of moving
towards more effective participation and representation of minorities, consistent with
the ideals of democracy, the rule of law and respect for fundamental human rights.
Moreover, a country situation will obviously evolve over time and should therefore be
assessed on a regular basis in order that mechanisms may be adjusted to ensure the
effective participation of minorities.
5.
Many situations around the world demonstrate that an adequate
representation of persons belonging to minorities in policy and decision-making by
society is instrumental in breaking the cycle of discrimination and exclusion suffered
by members of these groups, as well as their often disproportionate levels of poverty
and other impediments to the full enjoyment of civil, cultural, economic, political and
social rights. Ensuring meaningful and informed participation and the management
by minorities of matters directly affecting them is a means to promote stability and
integration in the societies where minorities live.
6.
Minorities are, however, vastly underrepresented in the political processes
and governing institutions of most countries because they are either actively and
intentionally restricted from participation, inadvertently disadvantaged by a variety
of laws or policies, or because there is a lack of political will in the larger society to
dismantle structural barriers to the full equal participation of minorities.
7.
In its commentary to the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities, the Working Group on
Minorities stated that the right to participate in all aspects of the life of the larger
national society is essential, both in order for persons belonging to minorities to
promote their interests and values and to create an integrated but pluralist society
based on tolerance and dialogue (E/CN.4/Sub.2/AC.5/2005/2, para. 35). The
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Compilation of Recommendations of the First Four Sessions 2008 to 2011