A/HRC/20/6 26. In addressing political issues linked to education as well as in reforming educational systems, States should include teaching in the mother tongues of national minorities in school curricula. Minorities should have access to legal and public administrative manuals in their mother tongue. The right to effective due process could not be secured in a language not truly understood. Hence, in the long term, States should invest in developing plans of action and strategies that take into consideration the situation of national minorities. Such plans should include training courses to strengthen the capacity of minorities to claim their fundamental rights, including the right to existence and identity. In this regard, non-governmental human rights organizations should support the efforts of the State not only in the field of education but also in developing awareness-raising programmes facilitating exchanges between persons belonging to the majority with those belonging to minorities. 27. Mr. Murillo Martinez was asked a question on equality and non-discrimination. It was recalled that minority rights, inclusion and equality played an important role in promoting political and social stability and peace. Addressing the exclusion of minorities and promoting the enjoyment of their rights rested on the right to non-discrimination, which required combating both direct and indirect discrimination. Mr. Murillo Martinez was therefore asked about the role played by special measures, and their effectiveness and that of affirmative action in addressing the impact of long-standing and entrenched discrimination of minorities. He was also asked about possible additional measures could be taken to alleviate the effects of discrimination and exclusion. 28. In his reply, Mr. Murillo Martinez addressed special measures and positive measures, and referred to general recommendation No. 32 of the Committee on the Elimination of Racial Discrimination, in which it defined special measures or measures of positive action arising from article 1, paragraph 4, and article 2, paragraph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination. According to the Committee, the obligation to take special measures was distinct from the general positive obligation of States parties to the Convention to secure human rights and fundamental freedoms on a non-discriminatory basis for persons and groups subject to their jurisdiction.2 29. The legitimacy of special measures or positive action could be established by demonstrating factual conditions that justified it, by its reasonable nature, of proportionality and temporality. Special measures or positive action had attained constitutional status in many countries, from all parts of the world. For instance, in some countries, the right to collective reparation in favour of victims of racial discrimination had gained constitutional status, which provided for, inter alia, access to State public positions for indigenous peoples and Afro-descendants proportional to their population in the country. Other special measures had served to facilitate access to higher education by persons who would otherwise be excluded. 30. Prof. Castellino was asked a question about the right to effective participation. It was stated that effective participation in every aspect of public life should give minorities a full stake in society. Measures taken to ensure the effective participation of minorities contributed to the alleviation of tensions, and thus served the purpose of conflict prevention. Hence, creating the conditions for the effective participation of minorities should be considered by States to be an integral aspect of good governance. Prof. Castellino was therefore asked to indicate some of the good practices that could be replicated to ensure effective participation of minorities through, for example, access to education, political life and in decision-making on issues directly affecting them, and access to effective 2 8 CERD/C/GC/32, para. 14.

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