working group or other mechanism of the United Nations to study the
problems of racial discrimination faced by people of African descent”. To
this end, the Working Group of Experts on People of African Descent was
established by Commission on Human Rights resolution 2002/68 of 25
April 2002. Its mandate is, inter alia, to make proposals on the elimination
of racial discrimination against Africans and people of African descent in
all parts of the world.
The need to ensure that minorities are treated equally and enjoy human
rights and fundamental freedoms without discrimination of any kind
was reiterated by the Durban Review Conference, which in its Outcome
Document “urges States to bolster measures to eliminate the barriers and
to broaden access to opportunities for greater and more meaningful
participation by […] persons belonging to national or ethnic, religious and
linguistic minorities in the political, economic, social and cultural spheres
of society”.
D.
Effective and meaningful participation
The participation of persons belonging to minorities in public affairs and
in all aspects of the political, economic, social and cultural life of the
country where they live is in fact essential to preserving their identity and
combating social exclusion. Mechanisms are required to ensure that the
diversity of society with regard to minority groups is reflected in public
institutions, such as national parliaments, the civil service sector, including
the police and the judiciary, and that persons belonging to minorities are
adequately represented, consulted and have a voice in decisions which
affect them or the territories and regions in which they live. Participation
must be meaningful and not merely symbolic, and recognize, for instance,
that minorities are commonly underrepresented and that their concerns
may not be adequately addressed. The participation of women belonging
to minorities is of particular concern.
Participation must be effective. During its second session, on 12 and 13
November 2009, the Forum on Minority Issues focused on minorities and
effective political participation. A key reference for the session was article
2 (2) of the United Nations Minorities Declaration, which provides for the
right of persons belonging to national or ethnic, religious and linguistic
minorities “to participate effectively in cultural, religious, social, economic
and public life”. For the participation of persons belonging to minorities to
be effective, it is not sufficient for States to ensure their formal participation;
States must also ensure that the participation of representatives of minorities
has a substantial influence on the decisions which are taken, so that there
is, as far as possible, shared ownership of these decisions.10
10
See A/HRC/13/23, para. 52, in which the independent expert on minority issues refers to: Council
of Europe, Advisory Committee on the Framework Convention for the Protection of National Minorities,
12