A/HRC/16/45
A.
Effective participation in political life and decision-making
48.
The effective and meaningful participation of minorities in the political arena can be
a pivotal element in avoiding violent conflict. While members of minorities have the right
to participate in decision-making processes, particularly those that affect them, minorities
are greatly underrepresented in the political processes and governing institutions of most
countries for a variety of reasons. They may be intentionally restricted from participation or
inadvertently disadvantaged by laws or policies, or there may be a lack of political will to
dismantle structural barriers to the full and equal participation of minorities.
49.
States have significant leeway to decide, in consultation with minority communities,
the modalities by which political participation can be achieved. Those measures may
include the devolution of certain powers by means of a federal or autonomy arrangement;
electoral systems based on proportional representation; a system of reserved seats for
minorities in parliament; or the facilitated participation in the electoral process of political
parties representing the interests of minorities. Most importantly, the modality for political
inclusion must afford minorities genuine influence. Tokenism or State interference in the
process of identifying political representatives, for example, may lead to deeper
frustrations. Further, full respect for freedoms of expression and assembly is critical.
50.
The most appropriate system will depend on the specificities of the situation,
including how populous the communities are, whether they are geographically dispersed or
concentrated, the aspirations of the minority groups and how well integrated they are into
the broader society. The flexibility of the minority rights framework makes it well suited to
the compromises necessary in processes of negotiating solutions, diffusing tensions and
avoiding violent conflicts. In November 2009, the second session of the Forum on Minority
Issues focused on the issue of minorities and effective political participation and produced a
set of practical recommendations for States and other actors (A/HRC/13/25, para. 5).
51.
Respecting the right of minorities to political participation at times of peace
contributes to harmonious societies and opens non-violent avenues for the grievances of
minorities to be addressed. When violent conflict does occur in diverse societies, applying a
minority rights-based approach to consultations regarding peace agreements will require
that all communities affected by the conflict, including those that are not active parties to it,
be able to participate in the settlement process. That approach should counteract a tendency
common in many conflict situations, whereby Governments, and the international
community, focus predominately on addressing the demands of communities that are linked
to armed movements, which may result in peace agreements that guarantee rights for some
communities at the expense of others.
B.
Protection of cultural identity
52.
At the core of minority rights are the protection and preservation of culturally
distinctive identities within societies. The denigration or suppression of the defining
identity of a person or group can be a powerful factor in generating conflict. Repressive
measures to control or restrict religious or traditional practices or force assimilation can
galvanize opposition and create a common platform around which targeted communities
can rally. Language, in particular, is a potent vehicle of culture. The imposition on minority
communities of a majority language, either through teaching in public schools or formal
prohibitions on the use of minority languages, has been a spark that has ignited many
violent clashes in every region.
53.
The 1992 Declaration on Minorities, in article 4, paragraphs2 and 3, establishes
positive obligations requiring that States take measures to create favourable conditions to
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