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2.3
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
38.
While article 2.2 deals generally with the right to participation in all aspects of the public
life of a society, article 2.3 deals specifically with the right of persons belonging to minorities to
effective participation “in decisions … concerning the minority to which they belong or the
regions in which they live”. As such decisions have a particular impact on persons belonging
to minorities, the emphasis on effective participation is here of particular importance.
Representatives of persons belonging to minorities should be involved already from the initial
stages of decision-making. Experience has shown that it is of little use to involve them only at
the final stages where there is very little room for compromise. Minorities should be involved at
the local, national and international levels in the formulation, adoption, implementation and
monitoring of standards and policies affecting them.
39.
In 1991, the Conference on Security and Co-operation in Europe held a Meeting of
Experts on National Minorities in Geneva. The States there assembled noted approaches used
with positive results in some of the participating States. These included advisory and
decision-making bodies - in particular with regard to education, culture and religion - on which
minorities were represented. Also mentioned were assemblies for national minority affairs; local
and autonomous administration, as well as autonomy on a territorial basis, including the
existence of consultative, legislative and executive bodies chosen through free and periodic
elections. Reference was further made to forms of self-administration by a national minority of
aspects concerning its identity in situations where autonomy on a territorial basis did not apply;
and decentralized or local forms of government.8
40.
In early May 1999, a group of independent experts met in Lund, Sweden to draw up a set
of recommendations on the effective participation of national minorities in public life. The
recommendations are built upon fundamental principles and rules of international law, such as
respect for human dignity, equal rights and non-discrimination, as they affect the rights of
national minorities to participate in public life and to enjoy other political rights.9 At its
fifth session, at the end of May 1999, the Working Group on Minorities of the Sub-Commission
adopted a set of recommendations on the same topic.10
41.
The following commentary draws extensively on these recommendations. The purpose is
not to set out only the minimum rights under article 2.3 of persons belonging to minorities, but
also to provide a list of good practices which may be of use to Governments and minorities in
finding appropriate solutions to issues confronting them.
42.
Effective participation provides channels for consultation between and among minorities
and Governments. It can serve as a means of dispute resolution and sustain diversity as a
condition for the dynamic stability of a society. The number of persons belonging to minorities
is by definition too small for them to determine the outcome of decisions in majoritarian
democracy. They must as a minimum have the right to have their opinions heard and fully taken