A/79/169
(which depends on the electoral result) but can, in the view of the Special Rapporteur,
be considered effective participation. On the other hand, it may result in the political
and socioeconomic marginalization of areas where such non-mainstream parties are
dominant; in such cases, the degree of territorial or sectoral autonomy will determine
the relevance of the outcome.
32. States with a large diversity of groups in the population may have an
institutional structure which is not based on group representation but which allows
groups a degree of self-rule and/or representation in central decision-making
processes. This is the case in federal States such as, Switzerland or Canada, whose
institutional State structures, although not based on the representation of linguistic
groups, allow a large degree of autonomy as regards linguistic policies in different
parts of the country. The federal structure also usually helps with regard to
recognizing the contributions of minority groups to the federal institutions, through
the composition of a second chamber of parliament. However, one should not
conclude that federal structures necessarily facilitate the capacity of persons
belonging to minorities to participate in decision-making processes. For example,
Australia, Brazil, Mexico and the United States of America have federal structures
that do not per se facilitate the participation of persons belonging to minorities in
decision-making processes, although neither do they hinder such participation.
Outside of federal institutional arrangements, decentralization, devolution or
regionalization processes may, within a unitary State, and depending on the distribution
of populations 58 and competencies, also offer solutions in which the participation of
persons belonging to a minority group in decision-making at the subnational level may
lend their voice more weight in decisions of direct concern to their situation. However,
such institutional schemes do not allow specific effective participation of persons
belonging to minorities in decision-making at the national level.
X. Self-rule (autonomy)
33. Autonomy means the capacity of members of a polity to adopt their own rules
(from the ancient Greek for self (auto) and rules (nomos). Naturally, this appears to
be an obvious solution for participating in “decisions … concerning the minority to
which they belong”. 59 The question as to the granting or recognition of autonomy
concerns the degree of diversity that is tolerated within a sovereign State, in order to
accommodate the specificities of its diverse population. In other words, are they
domains (such as education, cultural policy or relations with religious communities)
that may be regulated differently for the majoritarian population and minority groups?
In the Special Rapporteur’s view, a minority-sensitive institutional design should be
built around a subsidiarity principle. In such institutional logic, the relevant approach
should not be to question whether a minority issue in a specific field (such as
education) should be dealt with differently for persons belonging to a minority group
than it is for the whole population of the State. The appropriate question is whether
such a field needs to be tackled by a single common approach at the State level, or
whether different groups (majority on one side, minority or minorities on the other)
could manage that field in different ways. For example, in States in which there are
populations with different mother tongues, should the educat ional system be
organized and regulated at the State level, with possible exceptions for some minority
groups, or should education be organized by each linguistic group, according to its
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59
24-13136
See para. 23 above.
General Assembly resolution 47/135, annex, art. 2, para. 3.
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