Guidelines to Assist National Minority Participation in the Electoral Process Page: 3 • good democratic government will allow, encourage and support all those who are the subject of its decisions to participate in the making of those decisions. III. THE IMPORTANCE OF PROCESS These guidelines have been developed to assist both governments and the organisations that represent or support national minorities. The assistance is directed towards developing a legislative framework for an electoral system that ensures effective participation by national minorities in public life. In doing so, various examples of good practice in certain countries are cited. These examples are not intended to be exhaustive or extensive and no inference should be drawn from the examples concerning countries that are mentioned or not mentioned. The process of designing or modifying electoral systems and establishing electoral institutions is critical to the success and durability of those systems and institutions. The process will impact significantly on the quality of the outcome. An inclusive process helps to contribute to the legitimacy of the outcome. It provides an opportunity to debate the options open to a national minority and pursue alternatives to accommodate its interests and needs. In order to assist policy and decision makers, the following key process issues and principles are identified for consideration: • a formal process is better than an ad hoc process; • the more inclusive the process the better. This should not only refer to political parties but also to civil society. It is particularly important to ensure that women participate fully in the process; • it is essential to build confidence and legitimacy in the process. This includes: - ensuring that all stakeholders are involved and participate in the design of the process itself;9 - considering the appointment of neutral and legitimate facilitators. In some negotiations, widely respected jurists were employed;10 - information must be shared as widely as possible;11 • it is necessary to ensure that sufficient time is made available for the process; • it is important for all parties: - to avoid setting pre-conditions or putting up barriers to participation; - to recognise the need for flexibility; • it is important to ensure that the process is funded. All parties to the process must have the necessary resources to participate fully in it and no party or parties should enjoy an unfair advantage. IV. INTERNATIONAL LEGAL FRAMEWORK The following international standards form the normative basis for both the Lund Recommendations and these guidelines: 9 10 11 This can be achieved through different forms of consultation which would include polling, referenda, negotiation, consensus forums or bodies and working committees. In Northern Ireland, Senator Mitchell of the United States chaired the peace talks. In South Africa, two judges chaired the peace talks. The role of the media in relation to the publication and dissemination of information is critical. Equal and transparent access to information, particularly in relation to minority issues, is important.