A/HRC/13/23
mechanisms can be identified. As regards the choice of a particular electoral system,
international law does not impose any specific solution either. The Human Rights
Committee has held that “the system must be compatible with the rights protected by article
25 (of the Covenant) and must guarantee and give effect to the free expression of the will of
the electors”.32
66.
A range of legal and political mechanisms have been used around the world to
increase the political participation of minorities at the local, regional and national levels in
legislative, executive and administrative bodies. While minority representation is in itself
important, consideration must also be given to the mechanisms needed to ensure that
minority issues are addressed effectively in the governmental process.
67.
Political participation of minorities encompasses a broad range of decision- and
policymaking processes and mechanisms in the legislative, executive, self-governance and
traditional spheres. Moreover, participation takes place at the local, regional (i.e.
subnational), national as well as international levels.
68.
Legislative representation is a key mechanism for minority participation, enabling
access for minorities to all levels of legislative representation in national parliaments,
regional legislatures and local, municipal assemblies.
69.
Access to membership in viable political parties is important for the effective
mobilization of minorities in the political process, both in elections and in the conduct of
the business of the legislature and administrative bodies. In some countries ethnicity-based
or faith-based political parties are prohibited by law or greatly discouraged. In other
countries, minorities or religious groups may either have their own political parties, or their
interests may be represented by mainstream parties. The nature of the electoral system may
impact on the nature of political parties and the way in which minority interests are, or are
not, addressed. Both types of parties have advantages and disadvantages for minorities:
minority-focused parties may address minority issues but they will risk having fewer
resources and less political influence and may, if narrowly focused, increase the public
perception of minorities and minority issues as marginal. Of course, political party
platforms that are racist in content violate international law whether adopted by minority or
majority parties.
70.
Unless the minority population constitutes a majority in an electoral district, the
election of representatives of minority-based parties is more likely to be successful under
proportional representation systems, where the cumulative votes of minorities are taken into
account.33 Reducing the registration requirements for political parties may facilitate the
creation of new minority-focused parties.
71.
Minorities also face challenges when participating in majority parties. Even if they
do address minority issues, majority parties may not prioritize in their broader agendas, or
may lose sight of, those issues important to minority communities. Certain types of
electoral systems or political structures may make it advantageous or necessary for political
parties to obtain the support of a broad spectrum of voters; this can create incentives for
mainstream parties to address minority interests and/or select minority candidates to
broaden their appeal. Mainstream political parties may also have internal diversity
programmes, including training and mentoring, in order to encourage an increase in the
number of minority politicians and activists. Where the electoral system requires parties to
present a list of candidates for election, as opposed to single-candidate constituencies, there
may be a legal or policy requirement that the list be ethnically mixed or have a minimum
32
33
GE.10-10198
Human Rights Committee, general comment No. 25 (1996), para. 21.
Ghai, p. 15.
17