A/79/169 education and religion, which can significantly support or impair the capacity of persons belonging to a minority to promote their identity. Thus, a degree of territorial and/or sectoral autonomy 16 (self-rule) in these fields is required under article 1 of the Declaration. The vectors through which this identity may be promoted can either be private (such as cultural associations and private schools) or public. In the latter case, some institutional level – whether territorially or sectorally based – shall exist in the State structure for the realization of policies facilitating the promotion of the identity of minorities. B. Effective participation in the adoption of specific non-discriminatory normative frameworks 17. With regard to the requirement of non-discrimination, it must be underlined at the outset that it needs to go beyond the prohibition of discrimination on grounds by which minorities are defined 17 (such as national or ethnic origins, belonging to a religious community or using a minority language), as stated in human rights instruments, 18 and must include the adoption of specific provisions or policies in order for minority rights to be effectively recognized and implemented. For all rights to be realized through national measures, it is requested in the Declaration that persons belonging to minorities be given the right to participate effectively in the decision-making process. Obviously, institutional arrangements will have a clear impact on the effectiveness of such participation. C. Inclusion of minorities in decision-making processes for the benefit of society as a whole 18. Implementing the third objective implies that effective participation should not be limited to attributing, recognizing or guaranteeing specific additional rights for persons belonging to minorities but should also be conceived as a way for persons belonging to minority groups to contribute, through their effective participation in decision-making processes, to the shaping of society as a whole. Such participation is expected to promote the adoption of policies and legislative frameworks that reflect the diverse and inclusive dimensions of society. As stated by the independent expert on minority issues, Gay McDougall: “Effective participation should give minorities a stake in society.” 19 The Declaration is even more specific in its fifth preambular __________________ 16 17 18 19 8/20 In para. 136 of its thematic commentary No. 2 entitled “The effective participation of persons belonging to national minorities in cultural, social and economic life and public affairs”, adopted on 27 February 2008, the Advisory Committee on the Framework Convention for the Protection of National Minorities noted that, “where State Parties provide for cultural autonomy arrangements, the corresponding constitutional and legislative provisions should clearly specify the nature and scope of the autonomy system and the competencies of the autonomous bodies. In addition, their legal status, the relations between them and other relevant State institutions as well as the funding of the envisaged autonomy system, should be clarified in the respective legislation. It is important that persons belonging to national minorities be involved and that their views be duly taken into account when legislation on autonomy arrangements is being prepared or amended”. See https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?document Id=09000016800bc7e8. For an explanation of the specific requirements of the non -discriminatory treatment of persons belonging to minorities, see A/HRC/55/51, paras. 28 to 32. For example, Universal Declaration of Human Rights, art. 2; International Covenant on Civil and Political Rights, art. 2, para. 1, and art. 26; and International Covenant on Economic, Social and Cultural Rights, art. 2, para. 2. A/HRC/13/23, para. 29. 24-13136

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