ACFC/31DOC(2008)001
making. Besides the possibilities provided for by the two main types of electoral systems
(majoritarian and proportional), special mechanisms, such as reserved seats, quotas,
qualified majorities, dual voting or ‘veto’ rights, may be introduced. In addition, cultural
autonomy arrangements can reinforce minority participation in public affairs.
73.
Specialised governmental structures dealing with minority issues contribute to
ensuring that the needs of minorities are consistently integrated into governmental
policies. Minority-related issues should, however, not remain exclusively in the domain
of specialised governmental bodies. The minority perspective needs to be mainstreamed
in general policies at all levels and procedural steps by the actors involved in policymaking.
74.
The media should inform the society at large of minority-related issues with a
view to promoting a spirit of tolerance and intercultural dialogue.
a) Participation of persons belonging to national minorities in legislative process
i. Political parties
75.
The right of every person belonging to a national minority to freedom of peaceful
assembly and freedom of association as stipulated in Article 7 of the Framework
Convention implies, inter alia, the right to form political parties and/or organisations.
Legislation which prohibits the formation of political parties on an ethnic or religious
basis can lead to undue limitations of this right. Any limitation should, in any case, be in
line with the norms of international law and the principles embedded in the European
Convention on Human Rights.23
76.
The registration of national minority organisations and political parties may be
subject to certain conditions. Such requirements should, however, be designed so that
they do not limit, unreasonably or in a disproportionate manner, the possibilities for
persons belonging to national minorities to form such organisations and thereby restrict
their opportunities to participate in political life and the decision-making process. This
concerns, inter alia, numerical and geographical conditions for registration.24
77.
State Parties should ensure that parties representing or including persons
belonging to national minorities have adequate opportunities in election campaigning.
This may imply the display of electoral advertising in minority languages. The authorities
should also consider providing opportunities for the use of minority languages in public
23
Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms
(ECHR), which guarantees the right to freedom of peaceful assembly and of association, provides that no
restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are
necessary in a democratic society in the interests of national security or public safety, for the prevention of
disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of
others.
24
See for example 2nd Opinion on Moldova adopted on 9 December 2004, paragraphs 74 to 77, 2nd Opinion
on the Russian Federation adopted on 11 May 2006, paragraph 261 and 1st Opinion on Bulgaria, adopted on
27 May 2004, paragraphs 61 to 63.
23