ACFC/31DOC(2008)001
to freedom of association. Any limitation should be in line with the principles embedded
in the norms of international law. Parties representing, or promoting the interests of
persons belonging to national minorities should have adequate opportunities to campaign
during elections.
Following due consultation, constitutional guarantees should be coupled with effective
implementation of legislation to ensure the effective participation of persons belonging to
national minorities. Whatever the arrangements chosen, it is advisable to carry out a
periodical review in order to ensure that they adequately reflect developments in society.
As a rule, measures facilitating the representation of persons belonging to national
minorities in elected bodies should be supported. Exemptions from threshold
requirements, reserved seats or veto rights have often proved useful to enhance their
participation in elected bodies. However, the mere introduction of such arrangements
does not automatically provide persons belonging to national minorities with a genuine
and substantial influence on decision-making. In certain specific circumstances, a system
of ‘veto’ or ‘quasi veto’ rights can even lead to a paralysis of State institutions. In such
cases, alternative ways of enabling persons belonging to national minorities to take part
in the decision-making should be identified.
The introduction of parliamentary committees overseeing minority issues can contribute
to keeping the concerns of persons belonging to national minorities high on the
parliamentary agenda. These concerns should also, however, be highlighted in other
parliamentary committees.
The way in which constituency or administrative boundaries are drawn may have an
impact on minority participation. States should ensure that constituency changes do not
reduce the opportunities for election of persons belonging to national minorities.
Citizenship is an important element which can influence minority participation in public
affairs. While it is legitimate to impose certain restrictions on non-citizens concerning
their right to vote and to be elected, they should not be applied more widely than is
necessary. States are encouraged to provide non-citizens with an opportunity to vote and
to stand as candidates in local elections. Language proficiency requirements imposed on
candidates for parliamentary and local elections are not compatible with Article 15 of the
Framework Convention, in so far as they have a negative impact on the effective
participation of persons belonging to national minorities in public affairs.
Consultation mechanisms are an additional way to enable persons belonging to national
minorities to take part in decision-making processes. However, just as representation in
elected bodies alone may be insufficient to ensure substantial influence on the decisionmaking, mere consultation does not constitute a sufficient mechanism for ensuring
effective participation of persons belonging to national minorities. Bearing in mind the
need to take into account national circumstances, States should be encouraged to design a
system that provides for both representation of and consultation with national minorities.
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