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and may not be resolved at the first attempt. Some States have repeatedly adjusted
the structure of their systems of federalism over many years in an effort to defuse
conflict over power and resources. What is important is to ensure that the State
provides channels to raise issues and to participate in decision-making; that it
constantly reassesses the success of efforts to accommodate diversity; and that it is
aware of the different options available.
36. It is critical that the process be guided by the principles of equal treatment and
non-discrimination. Communities that may be more populous, that have greater
disruptive capacities or military strength or that may be more successful in
commerce may emerge at an early stage as the principle contenders for distribution
of political power and State resources. However, under such conditions, minority
rights must be prioritized, enabling members of all minority groups to participate
effectively in decisions affecting them and in all aspects of society.
37. Equally, efforts must be made to give voice to the diversity of members within
minority communities, including women, youth and the elderly, and to interest
groups such as returning internally displaced persons. The participation of civil
society in debates over models for inclusion is essential.
38. National human rights institutions that comply with the principles relating to
the status of national institutions for the promotion and protection of human rights
(“the Paris Principles”) 15 can also play a constructive role in promoting the positive
valuing of diversity and addressing issues that could cause conflict. Such
institutions may include designated commissioners for minority issues, or separate,
dedicated institutions may be established, as is the case with the National
Commission for Minorities in India.
A.
Effective participation in political life and decision-making
39. The effective and meaningful participation of minorities in the political arena
can be a pivotal element in avoiding violent conflict. While members of minorities
have the right to participate in decision-making processes, particularly those that
affect them, as established in article 2 (3) of the Declaration, the reality is often
quite different. Minorities are greatly underrepresented in the political processes and
governing institutions of most countries for a variety of reasons. They may be
intentionally restricted from participation or inadvertently disadvantaged by laws or
policies, or there may be a lack of political will to dismantle structural barriers to
the full and equal participation of minorities.
40. In its commentary on the Declaration, the Working Group on Minorities stated
that the right to participate in all aspects of the life of the larger national society was
essential, both in order for persons belonging to minorities to promote their interests
and values and to create an integrated but pluralist society based on tolerance and
dialogue (see E/CN.4/Sub.2/AC.5/2005/2, para. 35). The Working Group also
emphasized that effective participation required representation in legislative,
administrative and advisory bodies, and more generally in public life (ibid.,
para. 44).
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General Assembly resolution 48/134, annex.
10-48298