A/HRC/13/23
enabling the implementation of such constitutional principles are necessary. The
implementation of the latter must, in turn, be monitored and minority participation in their
articulation, implementation and monitoring must be secured.
60.
Linking political participation exclusively with ethnic identity by requiring that
candidates standing for election be members of certain ethnic groups and that voters
belonging to certain ethnic groups be allowed to vote only for candidates from their
respective groups can be detrimental to the effective political participation of minorities. As
previously noted, language proficiency requirements imposed on candidates can also
negatively impact the effective participation of persons belonging to minorities and in
certain cases have been deemed illegal by human rights bodies and courts.
61.
The collection of data disaggregated by ethnicity, age, gender, geographical
distribution and other relevant categories is an important precondition for the development
of adequate and efficient models of participation of persons belonging to minorities. Such
data make it possible to monitor the participation of minorities and ascertain whether fair
and representative participation mechanisms have been put in place. The collection of
disaggregated data must take place in accordance with international standards on personal
data protection, as well as respecting the right of persons belonging to minorities to choose
freely to be treated or not as minorities. Representatives of minorities should be involved in
the process of data collection, and the data collection methods should be designed in close
cooperation with them.
62.
Accurate voters’ registers are another important precondition for enabling the
effective political participation of minorities. Voter registration must be implemented in a
non-discriminatory way, taking into account the special needs of minorities as they may
arise in the areas of language, cultural appropriateness and accessibility of registration
processes.
63.
Recognition of minorities is essential to secure the rights of minority groups in a
State, including the right to effective participation. Since non-recognition hinders the
enjoyment of internationally established rights, it ultimately leads to the marginalization of
minorities and their exclusion from political processes. Recognition based on selfidentification is the first step in the process of securing minority rights and safeguarding the
position of members of minorities as equal members of the society.
64.
Although article 25 of the International Covenant on Civil and Political Rights
guarantees the exercise of the right to public participation to citizens, it has come to be
widely recognized that citizenship requirements can hamper effective participation in
certain fields of public affairs. While it remains accepted for States to impose certain
restrictions on non-citizens concerning the right to vote and to be elected, such restrictions
should not be applied more widely than necessary. Denial of citizenship has been used by
States to exclude minorities from the enjoyment of their rights. States should consider
allowing non-citizens belonging to minorities to vote, stand as candidates in local elections
and be members of the governing boards of self-governing bodies, while making sure that
access to citizenship is regulated in a non-discriminatory manner.31 Positive examples of
this kind exist in a number of States.
E.
Existing forms and mechanisms for effective political participation
65.
While no single, one-size-fits-all solution exists to ensure proper implementation of
the right to effective participation, a number of features of participation models and
31
16
Advisory Committee, paras. 100 and 101.
GE.10-10198