Annex I
161
Representatives of persons belonging to minorities should be involved beginning at the initial
stages of decision-making. Experience has shown that it is of little use to involve them only at
the final stages where there is very little room for compromise. Minorities should be involved
at the local, national and international levels in the formulation, adoption, implementation and
monitoring of standards and policies affecting them.
39. In 1991, the Conference on Security and Cooperation in Europe held a Meeting of Experts
on National Minorities in Geneva. The States there assembled noted approaches used with
positive results in some of the participating States. These included advisory and decision‑making
bodies ‑ in particular with regard to education, culture and religion ‑ on which minorities were
represented. Also mentioned were assemblies for national minority affairs, local and autonomous
administration, as well as autonomy on a territorial basis, including the existence of consultative,
legislative and executive bodies chosen through free and periodic elections. Reference was
further made to forms of self-administration by a national minority of aspects concerning its
identity in situations where autonomy on a territorial basis did not apply, and decentralized or
local forms of government.9
40. In early May 1999, a group of independent experts met in Lund, Sweden, to draw up a
set of recommendations on the effective participation of national minorities in public life. The
recommendations are built upon fundamental principles and rules of international law, such as
respect for human dignity, equal rights and non-discrimination, as they affect the rights of national
minorities to participate in public life and to enjoy other political rights.10 At its fifth session, at
the end of May 1999, the Working Group on Minorities adopted a set of recommendations on
the same topic.11
41. The following commentary draws extensively on these recommendations. The purpose is
not to set out only the minimum rights under article 2.3 of persons belonging to minorities, but
also to provide a list of good practices which may be of use to Governments and minorities in
finding appropriate solutions to issues confronting them.
42. Effective participation provides channels for consultation between and among minorities
and Governments. It can serve as a means of dispute resolution and sustain diversity as a
condition for the dynamic stability of a society. The number of persons belonging to minorities is
by definition too small for them to determine the outcome of decisions in majoritarian democracy.
They must as a minimum have the right to have their opinions heard and fully taken into account
before decisions which concern them are adopted. A wide range of constitutional and political
measures are used around the world to provide access for minorities to decision‑making.
43. The variety in the composition, needs and aspirations of different types of minority groups
requires identification and adoption of the most appropriate ways to create conditions for
effective participation in each case. The mechanisms chosen have to take into account whether
the persons belonging to the minority in question live dispersed or in compactly settled groups,
whether the minority is small or large, or an old or a new minority. Religious minorities may also
require different types or contexts of participation than ethnic or national minorities. It should be
noted, however, that in some cases religion and ethnicity coincide.
Report of the CSCE Meeting of Experts on National Minorities, Geneva, 19 July 1991, Part IV. See also the
second progress report of Special Rapporteur A. Eide on possible ways and means of facilitating the peaceful
and constructive solution of problems involving minorities (E/CN.4/Sub.2/1992/37), paragraphs 122-155.
9
The Lund recommendations can be found on the website of the OSCE High Commissioner on National
Minorities, www.osce.org/hcnm/documents/lund.htm.
10
Report of the Working Group on Minorities on its fifth session (E/CN.4/Sub.2/1999/21), paragraphs 81-88.
11