A/HRC/13/23
number of minority candidates. Other special measures may be applied, especially to
facilitate the election of women candidates.34
72.
Ultimately, political participation through political parties may entail working
through a combination of minority-focused and mainstream parties. Minority
representatives may, for example, enter into coalitions with other parties, whether minority
or mainstream. The configuration of the other parties may give them greater influence, for
example, if they hold the balance with respect to the other parties. Even where numbers
might not so warrant, the governing party may decide on a voluntary basis to include
minority representatives in the Cabinet.
73.
Some types of electoral systems may be more conducive than others to the election
of minority representatives, and mechanisms specifically designed to enhance minority
representation may also be incorporated into the electoral system. The electoral system
prescribes how votes are translated into seats and different systems can lead to different
outcomes on the same number of votes. The Human Rights Committee has stressed that
“[t]he principle of one person, one vote, must apply, and within the framework of each
State’s electoral system, the vote of one elector should be equal to the vote of another”.35
As a matter of general principle, therefore, each voter has one vote. However, in certain
circumstances, in particular where the minority is small and as a special measure to
improve the integration of a minority into the political system, members of minorities may
have the right to vote for both a minority representative with a reserved seat and a general
non-minority representative.36
74.
A common mechanism used to facilitate minority representation is the allocation of
special seats in the legislature to representatives of certain minorities (reserved seats). This
is usually done under majority electoral systems which otherwise cannot guarantee minority
representation, but is sometimes also used in proportional representation or mixed systems.
Usually, members of the minority group, who have to register as such for this purpose, elect
these representatives. The number of reserved seats generally seeks to reflect the proportion
of the minority in the overall population, so it is likely to be small. If there are a number of
very small minorities, they may be assigned a combined seat, although it may not be easy
for one representative to represent genuinely the interests of all such groups. Mainstream
parties may have an interest in mobilizing the reserved seats.
75.
Where the electoral system requires parties to present a list of candidates for
election, the electoral law may require that the list be ethnically mixed or have a minimum
number of minority candidates.37 In “closed list” systems, where the party, rather than the
voter, determines the order of priority of the candidates, the party may place the minority
candidate high on the list to ensure that she or he gains a seat, regardless of voters’ actual
34
35
36
37
18
A. Reynolds, Electoral Systems and the Protection of Minorities, Minority Rights Group
International, 2006 (“Reynolds 2006”), pp. 25–26; Ghai, p. 15.
Human Rights Committee, general comment No. 25 (1996), para. 21.
Council of Europe, European Commission for Democracy Through Law (“Venice Commission”),
Report on Dual Voting for Persons Belonging to National Minorities (CDL-AD(2008)013), paras. 9–
10, 63–72.
OSCE, Warsaw Guidelines to Assist National Minority Participation in the Electoral Process, 2001
(“Warsaw Guidelines”), p. 23; B. Reilly, “Democratic Levers for Conflict Management”, in
International Institute for Democracy and Negotiators (IDEA), Democracy and Deep-rooted Conflict:
Options for Negotiators, 1998, p. 200; A. Reynolds, “Public Participation by Minorities: Minority
Members of the National Legislatures”, in Minority Rights Group International, State of the World’s
Minorities, 2007 (“Reynolds 2007”), p. 19; Reynolds 2006, p. 18; Ghai, p. 15.
GE.10-10198