National Human Rights and Minority
Rights Institutions:
Support to National Human Rights Institutions
(NHRIs) to improve their capacity to protect
minority rights could be encouraged. In addition
to improvements in non-discrimination legislation and enforcement, NHRIs may need guidance
on the content and application of minority
rights. Issues such as linguistic rights (e.g. mother
tongue education), freedom of religion, freedom
to practice one’s culture, citizenship entitlements
and regional autonomy can be complex areas of
law with which some NHRIs are not adequately
familiar. Examples of good practice in regions
where minority rights issues have been well
addressed by national legislation and institutions could be disseminated. Information on
best practice in treaty body reporting on minority
issues would also be useful, both for state reports
and NGO shadow reporting.
Some States have created statutory bodies
specifically to monitor minority rights. For
example, the Government of Serbia has established the Agency for Human and Minority
Rights. Its responsibilities include: monitoring the
harmonization of local regulations with international standards for human and minority rights;
reporting on the implementation of international agreements on human and minority rights;
supporting the Council of National Minorities;
and establishing connections between national
minorities and their countries of origin. In Vietnam,
the Committee for Ethnic Minorities (CEMA) is a
ministerial level agency with numerous duties
including to: coordinate government ministries
on laws, policies and programmes pertaining to
ethnic minorities; draft laws and regulations pertaining to ethnic minorities; conduct surveys and
research on ethnic minority groups of Vietnam;
monitor the implementation of policies on ethnic
minorities; and consider petitions of citizens
regarding these policies.26
The Government of India has established a
National Commission for Scheduled Castes.
The Commission can investigate individual complaints, advise on government policy vis-à-vis
Scheduled Castes and monitor general trends in
the implementation of relevant legislation.27 The
Government of Nepal established a similar body
in 2002, the National Dalit Commission. In 2003,
the Government of Brazil created the Special
Secretariat for the Promotion of Racial Equality
(SEPPIR) at the ministerial level, the first institution of its kind in Latin America. SEPPIR works
closely with a National Council of Racial Equality
Promotion, consisting of 20 representatives of
civil society, including representatives of ethnic
and religious minorities, and government actors.
There are numerous combinations of electoral structures and policy interventions that can be
adopted and ‘hybrid’ systems are increasingly common. Options include: adoption of a proportional representation voting scheme; exemptions for minimal voting share threshold for minority
parties; redrawing of electoral district boundaries to increase the influence of minority voters;
requirements that party voting lists include a certain percentage of minority candidates; and
designating seats for minorities in parliament. In post-conflict states, power-sharing models may
need to be developed, although experience suggests that even in these systems space should be
left for multi-ethnic parties to participate.
Source: A. Reynolds, Electoral Systems and the Protection and Participation of Minorities, London: MRG, 2006.
See http://cema.gov.vn/index.php (accessed 9 August 2009).
26
See http://ncsc.nic.in/index.asp (accessed 9 August 2009).
27
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