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forms of government often allow minorities a stronger role in institutions and
decision-making bodies. In appropriate circumstances, States have devolved power,
and created autonomous or other sub-State divisions or federal systems that may
enable minorities to have a more significant and direct impact on matters affecting
them. The concept of “subsidiarity” promotes decision-making at the lowest level of
government consistent with the goals to be attained and is highlighted as valuable in
the context of minority rights, including in recommendations of the Forum on
Minority Issues on minorities and effective political participation.
67. Forms of non-territorial or cultural autonomy can also serve to preserve
elements of minority history, language and culture and may foster dialogue; they
may involve establishing institutional arrangements such as local or minority selfgovernments. Local self-governments fulfil responsibilities in particular in the field
of minority education and cultural self-administration, media, the fostering of
traditions and cultural heritage, and social inclusion.
68. The Act on the Rights of Nationalities of Hungary of 2011 28 includes the right
to establish “nationality self-governments” for recognized minorities, based on a
system originally established in 1993. Self-governments provide an institutional
framework for cultural autonomy, there being hundreds of self-governments at the
local level with elected minority representatives. Similarly, Estonia indicated to the
Independent Expert that ethnic minorities have the right to establish institutions of
self-government in accordance with the National Minorities Cultural Autonomy Act,
and that a Council of Ethnic Minorities exists within the framework of the Ministry
of Culture.
C.
Advisory and representative bodies
69. The commentary of the Working Group on Minorities of the former
Commission on Human Rights to the United Nations Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
(E/CN.4/Sub.2/AC.5/2005/2) notes that “States should establish advisory or
consultative bodies involving minorities within appropriate institutional frameworks.
They should be attributed political weight and effectively consulted on issues
affecting the minority population”. 29 Advisory and consultative bodies can be
permanent or ad hoc. They help to institutionalize dialogue between government and
minority representatives and to ensure that minority issues are reflected in local and
ideally national policy- and decision-making processes. Appropriate advisory and
consultative bodies should therefore exist at the national level and at regional and
local levels, where challenges affecting minorities frequently manifested themselves.
70. The Government of Latvia noted the existence of three national-level
consultative bodies: the Consultative Council on Minorities, under the President; the
National Minority Non-Governmental Organization Committee, under the Ministry
of Culture; and the National Minority Education Consultative Council, under the
Ministry of Education and Science. At the local government level, society
integration commissions have broad minority participation. The Government of
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28
29
12-45950
See the Act on the Rights of Nationalities of Hungary, paras. 113-115. Available from
http://www.venice.coe.int/docs/2012/CDL-REF(2012)014-e.pdf.
Available from http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G05/133/85/PDF/
G0513385.pdf?OpenElement.
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