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own priorities and preferences? 60 Some limits on autonomy may be set out in
constitutional or national legislative frameworks, which would prevail over decisions
taken autonomously. In such cases, autonomy could result from the recognition of
sectoral autonomy combined with community autonomy – autonomy recognized for
persons belonging to certain minority groups in a specific field of public aff airs 61 –
or from a combination of territorial autonomy, division of competencies (between the
different levels of government) and distribution of populations on the territory.
34. Naturally, in a system in which persons belonging to a minority have the
capacity, in some domains of particular relevance to their minority situation or
identity, to adopt their own rules and policies, a system for coordinating their choices
with the choices of the majoritarian population should be provided for. Rules for
conflicts between choices, for preferences or for hierarchies of norms should exist
and be implemented. It goes without saying that these rules of coordination should
not be designed and/or implemented such that the autonomy formally recognized
through the institutional design becomes ineffective in practice. Such mechanisms
should be administered by a third party (judicial power) or based on conciliatory
processes.
35. Self-rule will de facto induce diversity in the national society. However, it
should not create “parallel societies”, precluding persons belonging to minorities
from fully participating, integrating into and contributing to the national society. In
the case of territorial autonomy, if the composition of State-level authorities provides
for representation of the autonomous political/administrative units at the State level
(as is the case in federal systems with a second chamber of parliament), then the
contribution is institutionally enforced; this could be described as a best -case
scenario. In other cases, the self-ruling minorities may be represented, through their
self-ruling authorities or through a parallel mechanism, in consultative bodies. Some
State authorities also have the practice of consulting self-governing authorities
(informally) on matters which may affect the self-governing communities or their
members. Naturally, formal mechanisms will be more effective in cases of normative
dissensus or conflicts of interest.
XI. Implementation of minority rights and policies
36. Even though the Declaration on the Rights of Persons belonging to National or
Ethnic, Religious and Linguistic Minorities is silent on this issue, the Special
Rapporteur deems it important to ensure that the diversity of the State population is
effectively represented in the implementation mechanisms. There are three reasons for
this: first, for the sake of efficiency (for example, if there is a State policy on minority
language, it is evident that speakers of the minority language are needed for
implementing such a policy); second, because it is important that persons belonging to
minorities, in order to feel included and represented in society as a whole, can see that
the participation of their group is effectively acknowledged not only in the decision making process but also on the implementation side; and third, if relationships between
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60
61
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This is the case in Switzerland, for example, where there is no educational policy at the country
level, allowing each canton to have its own educational system and policies. See the Federal
Constitution of the Swiss Confederation, art. 62, para. 1. Available at
www.fedlex.admin.ch/eli/cc/ 1999/404/en.
For example, in Belgium, some linguistic rights are conferred on the linguistic communities
themselves. In Slovenia, a law on self-governing ethnic communities was adopted in 1994, in
part guaranteeing rights of participation for recognized ethnic minorities (Italians and
Hungarians initially, then extended to Roma and possibly to Germans); however, it mostly
guarantees special rights of representations for these communities in loc al governments. See
Council of Europe, document ACFC/SR/VI(2023)006.
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