ACFC/31DOC(2008)001
service television and radio programmes devoted to election campaigns and on ballot
slips and other electoral material in areas inhabited by persons belonging to national
minorities traditionally or in substantive numbers.25
78.
Political parties, both mainstream and those formed by persons belonging to
national minorities, can play an important role in facilitating participation of persons
belonging to national minorities in public affairs. Internal democratic processes of
selection of their candidates by mainstream parties are crucial in ensuring participation of
persons belonging to national minorities. Inclusion of minority representatives in
mainstream political parties does, however, not necessarily mean the effective
representation of the interests of minorities.
79.
In countries where prominent minority parties exist, it is important to ensure that
other minority parties or political organisations wishing to represent the interests of other
persons belonging to the same national minorities have opportunities to do so.
ii. Design of electoral systems at national, regional and local levels
80.
The participation of persons belonging to national minorities in electoral
processes is crucial to enable minorities to express their views when legislative measures
and public policies of relevance to them are designed.
81.
Bearing in mind that State Parties are sovereign to decide on their electoral
systems, the Advisory Committee has highlighted that it is important to provide
opportunities for minority concerns to be included on the public agenda. This may be
achieved either through the presence of minority representatives in elected bodies and/or
through the inclusion of their concerns in the agenda of elected bodies.
82.
The Advisory Committee has noted that when electoral laws provide for a
threshold requirement, its potentially negative impact on the participation of national
minorities in the electoral process needs to be duly taken into account.26 Exemptions from
threshold requirements have proved useful to enhance national minority participation in
elected bodies.
83.
Constitutional guarantees for the representation of persons belonging to national
minorities in elected bodies need to be coupled with effective implementing legislation
and accompanying measures within reasonable time.27 The Advisory Committee
considers it essential that persons belonging to national minorities participate or are
consulted in the process of drafting such legislation and monitoring its implementation.
84.
State Parties are encouraged to strengthen the participation of persons belonging
to national minorities, including those in a disadvantaged position, in local elected
25
See for example 1st Opinion on Estonia adopted on 14 September 2001, paragraphs 55 and 56.
See for example 2nd Opinion on the Russian Federation adopted on 11 May 2005, paragraph 262 and 1st
Opinion on Serbia and Montenegro, adopted on 27 November 2003, paragraph 102.
27
See for example 1st Opinion on Hungary adopted on 9 December 2004, paragraph 48.
26
24