ACFC/31DOC(2008)001
iv. Reserved seats system
91.
Arrangements involving reserved and/or shared seats for representatives of
national minorities have in a number of cases proved to be a useful means to enhance
participation of persons belonging to national minorities in decision-making. The
provision of reserved seats, whether shared between various national minorities or
designed for one group, is one of the ways in which the representation of persons
belonging to national minorities can be ensured in elected bodies.
92.
The ‘shared seats’ system is particularly adapted to the needs of numerically small
minorities. For such an arrangement to have a significant impact on the participation of
all the national minorities represented through the shared seat(s), it is important that the
minorities concerned agree on a common strategy and shared goals to be reached through
the representation in the electoral body at stake. Elected representatives occupying shared
seats should take due care to represent the concerns of all persons belonging to national
minorities in the constituency. A rotation of the representatives of the different national
minorities may help create the sense of a shared seat.
93.
In order to ensure that a guaranteed seat arrangement contributes substantially to
effective participation, it is important that the minority representatives elected are
effectively involved in decision-making processes. Moreover, they should have a real
possibility to influence decisions taken by the elected body, including those not strictly
related to national minorities. It is therefore important that they have speaking and voting
rights in the elected body and that their role is not limited to a mere observer status.33
94.
However, the Advisory Committee is of the opinion that the mere establishment
of such arrangements does not automatically provide persons belonging to national
minorities with a genuine and substantial influence in decision-making.34
v. Parliamentary practice
95.
In those State Parties where there are special parliamentary committees to address
minority issues, these bodies have, in a number of cases, helped take into account
concerns of national minorities in decision-making processes. The possibility of using
minority languages in these committees has proved particularly effective. Nonetheless,
the importance of effective participation in other parliamentary committees also involved
in aspects of minority protection should not be neglected. Co-operation across party lines
within the parliamentary committees strengthens efforts conducive to mainstreaming
minority issues into policies.
96.
For the work of such committees to be effective, it is essential that appropriate
attention be given to their recommendations, particularly when drafting or amending
legislation concerning national minorities. In addition, regular dialogue should be
33
34
See 1st Opinion on Cyprus adopted on 6 April 2001, paragraph 41.
See for example Opinion on Kosovo (UNMIK) adopted on 25 November 2006, paragraph 110.
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