A/79/169
20. When examining national or subnational institutional arrangements and their
impact on the right of persons belonging to minorities to participate effectively to
decision-making processes, the purposes of minority rights to participation – as
underlined above – need to be borne in mind at all times. Institutional arrangements
should be examined with respect to how they help persons belonging to minorities
“to enjoy their own culture, to profess and practice their own religion, and to use their
own language, in private and in public, freely and without interference or any form
of discrimination”, 26 as well as with respect to how they allow minority effective
participation “in cultural, religious, social, economic and public life”, 27 so that they
contribute to the recognition and appreciation of diversity within society at the State
level. There is a need to be aware that these two dimensions do not necessarily
reinforce each other. For example, institutional arrangements promoting auto nomous
processes of decision-making by minority groups on matters of their concern may
lead to persons belonging to minorities being isolated from societal choices at the
national level. Quota systems or reserved seats in national elections may produce the
same negative effects. Therefore, each institutional arrangement will always be
examined under both angles. Institutional arrangements regarding minority rights
may therefore be compared using the two scales shown in the figure below.
Figure
Two scales for measuring the fitness of institutional arrangements
21. The Special Rapporteur understands that such a comparison may seem to be of
limited practical value, given that each State has its own institutional system as a
direct consequence of the right to self-determination, which leads to States having
very different political, economic, social and cultural arrangements, according to their
own sovereign preferences. 28 Furthermore, the Special Rapporteur is naturally mindful
that it would be contradictory to advocate one specific type of State organization in
order to promote diversity within and between societies, as it would be both a
__________________
26
27
28
10/20
General Assembly resolution 47/135, annex, art. 2, para. 1.
Ibid., para. 2.
For more on this aspect, see A/HRC/55/51, para. 26.
24-13136