A/79/169 that, despite the absence of the inclusion of these persons in public decision -making, they enjoy their civil, cultural and socioeconomic rights without discrimination, is fundamental. Other disenfranchisement mechanisms are sometimes observed, such as gerrymandering 34 or language requirement tests prior to exercising the right to vote. These are illegitimate measures that have disproportionate consequences on the right of persons belonging to minorities to effectively participate in decision-making processes. Such measures should therefore be avoided when they directly affect the rights of persons belonging to a minority to effectively participate in decision -making. 23. As the focus is on the third component of States, Government, when investigating institutional designs and their impact on the effective participation of persons belonging to minorities in decision-making processes and their implementation, two important underlying factors, related to population and territory, should be examined. The first is linked to the definition of the State population and the second to the territorial distribution of different population groups on the State’s territory. How and why they may affect institutional designs promoting the effective participation of persons belonging to minority groups will be demonstrated. 24. Minorities are always defined as a group of the population of a country that is numerically smaller than half of the total population and that shares some common characteristics that differentiate its members from the rest of the population. 35 In that respect, the way in which the entire population of the State is defined may be inclusive or exclusive of persons belonging to minorities, allowing more or less room for their effective participation, as regards both matters of concern to them and th eir contribution to the nation as a whole. The Charter of the United Nations unites “nations” – as the name of the organization indicates – represented by States, as requested under the membership criteria set forth in article 4, paragraph 1, of the Charter, as a consequence of which the international organization created in 1945 with the Charter as its backbone is implicitly based on the model of nation States. It is therefore extremely important to see how minority groups relate to the nation, within a national polity. For example, a Constitution which defines the nation in such terms (for example, in the case of Nepal: “All the Nepalese people, with multiethnic, multilingual, multi-religious, multicultural characteristics and in geographical diversities, and having common aspirations and being united by a bond of allegiance to national independence, territorial integrity, national interest and prosperity of Nepal, collectively constitute the nation”) 36 can be considered very supportive of persons belonging to minorities. Similarly, a State that defines itself as a plurinational State 37 or a multiethnic State 38 , or whose Constitution include a declaration to “recognise and uphold the multi-ethnic, multi-racial, multi-religious and multi-cultural character of our Nation”, 39 shall be open to the effective participation of persons belonging to minorities in society as a whole. Conversely, defining the State as belonging to – or being constituted by – only one ethnic, national, religious or linguistic group will make it more difficult to guarantee the effective participation of __________________ 34 35 36 37 38 39 12/20 In para. 90 of its thematic comment No. 2, the Advisory Committee of the Council of Europe strongly asserted that “State parties should not adopt measures which aim to reduce the proportion of the population in areas inhabited by persons belonging to national minorities”. For reflections on the definition of minorities, see A/74/160. Translation of the Constitution of Nepal of 20 September 2015. Available at https://ag.gov.np/ files/Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf. Following the adoption of a new Constitution that entered into force on 7 February 2009, Bolivia has since defined itself as the “Plurinational State of Bolivia”, pursuant to article 1 of the Constitution. Constitution of China, eleventh preambular para. Available at https://english.www.gov.cn/ archive/lawsregulations/201911/20/content_WS5ed8856ec6d0b3f0e9499913.html . Constitution of Zambia (as amended in 2016), seventh preambular para. Available at www.parliament.gov.zm/sites/default/files/documents/amendment_act/Constitution%20of%20 Zambia%20%20(Amendment),%202016-Act%20No.%202_0.pdf. 24-13136