A/HRC/13/23
54.
Mere political participation, therefore, is not sufficient to constitute “effective”
participation, and a number of considerations arise in this regard. One relates to the
legitimacy of minority political representatives. It must be kept in mind that minority
communities are heterogeneous and this diversity must be reflected in pluralist
representation. Moreover, the political representatives can alienate themselves from their
core constituencies, thus failing to fulfil the function of being genuine and effective
spokespersons. And if minority representatives are not empowered to make substantial and
influential decisions on issues of relevance for their communities, their participation will be
tantamount to tokenism and not “effective participation”.
55.
It is therefore paramount that the participation mechanisms be continuously reexamined and evaluated to ensure that they allow for effective participation. As
circumstances and realities change over time, the participation mechanisms should be
reviewed and, if necessary, adjusted. This, however, should not result in the curtailing of
the acquired rights.
56.
Discrimination is a key cause of the widespread marginalization of minorities in
societies worldwide. It is also an obstacle to the effective participation of minorities.
Discrimination can take different forms. Certain segments of minority populations are
exposed to multiple forms of discrimination; in addition to being discriminated against on
account of their belonging to a national or ethnic, religious or linguistic minority, they are
discriminated against because of their gender, age, disability, sexual orientation or other
grounds.
57.
Discrimination which inhibits the political participation of minorities may manifest
itself in, among others: a type of electoral system which negatively affects minority
representation; political parties which are adverse to minority issues and minority
membership; widespread prejudice among the electorate which punishes parties willing to
include minority candidates or voice minority issues; media which are hostile to minority
concerns and participation. Given the centrality of the issue of discrimination to the right to
effective participation, Governments should consider instituting independent monitoring
and individual complaints mechanisms, such as the ombudsperson’s function adopted in a
number of countries.
58.
The right to effective participation is meaningless unless a group has the ability and
the resources to exercise it. An important precondition for the political participation of
minorities is the capacity to participate. The capacity of minority communities to participate
in the public life encompasses a broad range of issues. It hinges on the ability of persons
belonging to minorities to exercise the full gamut of cultural, economic and social rights,
among them language rights, the right to education, the right to work, the right to health,
the right to food, the right to housing, and others. In the view of the Human Rights
Committee, States should take positive measures to overcome specific difficulties.30
59.
Legal, cultural or linguistic biases may also hinder effective minority participation in
public life. High electoral thresholds usually have an adverse effect on the ability of
minority communities to secure political representation and can constitute indirect
discrimination. Requirements for the registration of political parties can restrict in an
unreasonable and disproportionate way the ability of persons belonging to minorities to
exercise their freedom of assembly and association. The delineation of electoral districts
may distort the distribution of voters, thus having a discriminatory effect on a particular
group or resulting in gerrymandering. Constitutional provisions on minority participation
are alone insufficient to guarantee effective participation. Specific laws and policies
30
GE.10-10198
See paragraph 19 above. Human Rights Committee, general comment No. 25 (1996), para. 12.
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