A/HRC/13/23
some of the models and conceptual tools that States are using in order to meet their
international obligations in this domain.4
A.
Introduction
28.
The right to effective participation is a fundamental human right, affirmed in a
number of key international legal instruments. Effective participation underpins the
realization of all human rights of women and men belonging to ethnic or national, religious
and linguistic minorities. It is through effective participation that a person expresses and
protects her or his identity, ensuring the survival and dignity of the minority. The right to
effective participation recognizes the fact that the participation of minorities in various
areas of life is essential for the development of a truly inclusive and just society.
29.
Effective participation should give minorities a stake in society. Measures taken
towards ensuring the effective participation of minorities contribute to the alleviation of
tensions, and thus serve the purpose of conflict prevention. Therefore, in addition to being a
legal obligation, creating the conditions for the effective participation of minorities should
be considered by States to be an integral aspect of good governance.
30.
It is for these reasons that the independent expert on minority issues chose effective
political participation as the theme of the second session of the Forum on Minority Issues,
held in Geneva on 12 and 13 November 2009. It should be underscored from the outset that
the right of minorities to effective political participation does not encompass separatist
movements. Rather, the intent is to ensure the inclusion of all persons belonging to
minorities in a just and fair society. This background document summarizes the relevant
basic international legal principles, the preconditions for ensuring effective political
participation, and some of the models and conceptual tools that States are using in order to
meet their international obligations.
B.
The right of minorities to effective participation
31.
The right to effective participation of persons belonging to minorities is far-reaching
and encompasses many aspects of what constitutes a just society. The right to effective
participation includes participation in political decision-making at both the local and
national levels. In addition, persons belonging to minorities should be given the means to
participate effectively in the cultural, religious, social and economic spheres of their
societies.
32.
Public participation is a broad concept. It comprises the right to take part in the
conduct of public affairs, the right to vote and to be elected, and to have access to public
services. Moreover, it entails participation in governmental bodies, the judiciary and other
agencies of the criminal justice system, decentralized and local forms of government,
consultation mechanisms, as well as through cultural or territorial autonomy arrangements.
33.
Participation in economic and social life encompasses participation in development
projects, as well as proper access to employment, land and property, housing, health care,
social welfare and pensions, among others. Participation in social and cultural life covers
areas such as proper access to education, media and the protection of cultural identity. In all
of these areas, effective participation entails meaningful consultation, programmes designed
4
GE.10-10198
This revised thematic paper was previously made available to the second annual session of the Forum
on Minority Issues as document A/HRC/FMI/2009/3.
9