A/HRC/13/23
to address the particular needs and circumstances of minorities, as well as the full and equal
access to necessary services.
34.
The human rights principle of non-discrimination is crucial. The exclusion of
minorities from fully participating in political processes is primarily grounded in
discrimination. Affirmative measures, time-bound and specifically designed to address
systematic, historic and institutionalized discrimination, must be employed to enable
minorities to participate effectively, especially if this would otherwise remain out of their
reach.
C.
The right to effective participation in international human rights law
35.
The right to effective participation, the prohibition of discrimination and special
measures are firmly rooted in international human rights law. The right of all persons to
take part in the conduct of public affairs, directly or through freely chosen representatives,
as well as to vote and be elected in genuine periodic elections is affirmed in article 25 of the
International Covenant on Civil and Political Rights. This provision is an elaboration of
article 21 of the Universal Declaration of Human Rights, which states: “Everyone has the
right to take part in the government of his country, directly or through freely chosen
representatives.”
36.
The United Nations Human Rights Committee has interpreted the conduct of public
affairs broadly as the exercise of power in the legislative, executive and administrative
branches.5 In the view of the Committee, the provision covers all aspects of public
administration, including the formulation and implementation of policy at international,
national, regional and local levels. Furthermore, citizens may participate in the conduct of
public affairs directly or indirectly. Once a mode of participation is established, no
distinction should be made between citizens as regards their participation on such grounds
as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status, and no unreasonable restrictions should be imposed.6
37.
The right of persons belonging to national or ethnic, religious and linguistic
minorities to participate effectively in cultural, religious, social, economic and public life is
further affirmed in the 1992 Declaration on Minorities (“the Declaration”).7
38.
Article 25 of the International Covenant on Civil and Political Rights places explicit
emphasis on non-discrimination in the exercise of the rights contained therein, as they are
to be enjoyed “without any of the distinctions mentioned in article 2 [of the Covenant]”.
Article 2 secures the respect for the rights recognized in the Covenant without distinction of
any kind, such as race, colour, sex, language, political or other opinion, national or social
origin, property, birth or other status. This basic principle of prohibition of discrimination is
repeated elsewhere in the Covenant and articulated in a number of instruments.8
39.
Furthermore, all forms of racial discrimination are explicitly prohibited and equality
in the enjoyment of political rights is guaranteed by the International Convention on the
Elimination of All Forms of Racial Discrimination (art. 5). The Convention on the
Elimination of All Forms of Discrimination against Women creates an obligation on States
5
6
7
8
10
Human Rights Committee, general comment No. 25: article 25 (Participation in public affairs and the
right to vote), 1996, para. 5.
Ibid., paras. 5–7.
Article 2; arts. 4, para. 5, and 5, para. 1, are also relevant.
Article 26 of the Covenant contains a general prohibition against discrimination. See also e.g. article 2
of the Universal Declaration of Human Rights.
GE.10-10198