A/79/169
the dominant group and minority groups are complex or tense, it is important to have
confidence-building practices between the different communities. Including persons
belonging to minorities in the implementation of legislation or policies to whose
design and/or content they have effectively contributed appears to the Special
Rapporteur a necessary component of effective participation. Such inclusion of
persons belonging to minorities in implementing institutions could easily be achieved
through quota mechanisms.
XII. Conclusions and recommendations
37. Substantial minority rights are defined at the State or sub-State level, as
recognized in article 2, paragraph 3, of the Declaration on the Rights of Persons
belonging to National or Ethnic, Religious and Linguistic Minorities. The present
report shows that the most effective way in which persons belonging to a
minority can be effectively associated with the definition of the normative
content of their minority rights is through forms of territorial or sectoral
autonomy at the sub-State level.
38. Institutional design starts at the constitutional level. States should
therefore, and wherever possible, strive to define their population in an inclusive
manner, either through a constitutional provision explicitly referring to minority
communities or through an inclusive formula which cannot be interpreted as
excluding persons belonging to a minority from the national polity. Any
definition which leads to the deprivation of the human rights of part of the
resident population is prohibited at all times.
39. The Special Rapporteur stresses that a definition of the State’s population
which includes minority communities, explicitly or implicitly, would not only
grant symbolic, legal and institutional recognition to persons belonging to
minorities as a specific component of the national polity but would also lead to
better implementation of minority rights. For example, judges, when deciding on
claims related to minority rights, would have to interpret legal provisions in
accordance with such a definition. In that respect, the Special Rapporteur
encourages States to organize specific awareness-raising programmes on the
specificities of non-discrimination with a view to the full enjoyment of their
rights by persons belonging to minorities. The Special Rapporteur hereby
indicates his willingness to contribute to the elaboration of such programmes.
40. The Special Rapporteur emphasizes that participative mechanisms
allowing persons belonging to ethnic or national, religious or linguistic minorities
on matters of their direct concern should not be detrimental to the capacity of
these persons to contribute to decision-making processes on issues concerning
society as a whole.
41. The Special Rapporteur therefore calls upon States to envisage institutional
designs promoting the inclusion of persons belonging to minorities, by allowing
them to effectively participate in decisions on matters of direct concern to them,
as well as to contribute, as persons belonging to a minority, to addressing issues
relevant for society as a whole. These mechanisms should relate to both decisionmaking and implementation processes. They should help to build trust between
different national or ethnic, religious and linguistic communities. Specific
confidence-building measures around these arrangements should be envisaged.
42. In order to allow a degree of self-rule in specific fields of competence of
particular relevance to minorities, such as education or culture, the Special
Rapporteur recommends that the allocation of competencies between different
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