A/HRC/13/23 54. Mere political participation, therefore, is not sufficient to constitute “effective” participation, and a number of considerations arise in this regard. One relates to the legitimacy of minority political representatives. It must be kept in mind that minority communities are heterogeneous and this diversity must be reflected in pluralist representation. Moreover, the political representatives can alienate themselves from their core constituencies, thus failing to fulfil the function of being genuine and effective spokespersons. And if minority representatives are not empowered to make substantial and influential decisions on issues of relevance for their communities, their participation will be tantamount to tokenism and not “effective participation”. 55. It is therefore paramount that the participation mechanisms be continuously reexamined and evaluated to ensure that they allow for effective participation. As circumstances and realities change over time, the participation mechanisms should be reviewed and, if necessary, adjusted. This, however, should not result in the curtailing of the acquired rights. 56. Discrimination is a key cause of the widespread marginalization of minorities in societies worldwide. It is also an obstacle to the effective participation of minorities. Discrimination can take different forms. Certain segments of minority populations are exposed to multiple forms of discrimination; in addition to being discriminated against on account of their belonging to a national or ethnic, religious or linguistic minority, they are discriminated against because of their gender, age, disability, sexual orientation or other grounds. 57. Discrimination which inhibits the political participation of minorities may manifest itself in, among others: a type of electoral system which negatively affects minority representation; political parties which are adverse to minority issues and minority membership; widespread prejudice among the electorate which punishes parties willing to include minority candidates or voice minority issues; media which are hostile to minority concerns and participation. Given the centrality of the issue of discrimination to the right to effective participation, Governments should consider instituting independent monitoring and individual complaints mechanisms, such as the ombudsperson’s function adopted in a number of countries. 58. The right to effective participation is meaningless unless a group has the ability and the resources to exercise it. An important precondition for the political participation of minorities is the capacity to participate. The capacity of minority communities to participate in the public life encompasses a broad range of issues. It hinges on the ability of persons belonging to minorities to exercise the full gamut of cultural, economic and social rights, among them language rights, the right to education, the right to work, the right to health, the right to food, the right to housing, and others. In the view of the Human Rights Committee, States should take positive measures to overcome specific difficulties.30 59. Legal, cultural or linguistic biases may also hinder effective minority participation in public life. High electoral thresholds usually have an adverse effect on the ability of minority communities to secure political representation and can constitute indirect discrimination. Requirements for the registration of political parties can restrict in an unreasonable and disproportionate way the ability of persons belonging to minorities to exercise their freedom of assembly and association. The delineation of electoral districts may distort the distribution of voters, thus having a discriminatory effect on a particular group or resulting in gerrymandering. Constitutional provisions on minority participation are alone insufficient to guarantee effective participation. Specific laws and policies 30 GE.10-10198 See paragraph 19 above. Human Rights Committee, general comment No. 25 (1996), para. 12. 15

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