Transitional justice: Electoral reform: Redress for past violations of minority rights is important for ensuring that past grievances do not overshadow current relationships between groups and become a catalyst for new problems. Such violations may include genocide and ethnic cleansing, forced displacement, and restrictions on cultural practices. Forms of reparation may vary depending on the situation. However, the effective participation of the group concerned in deciding how to redress the violation is crucial. Examples of potential forms of reparation include an official apology for the violation, compensation for individuals or communities, truth and reconciliation commissions, prosecution of perpetrators, and return of land or property. Even where the action was in accordance with the national law at the time, but would currently constitute a violation of national law or international standards, States can follow good practice and provide appropriate reparation. In an effort towards reconciliation in Australia, for example, the Prime Minister issued an apology to Australia Aborigines in 2008. The Government of Canada negotiated an Indian Residential Schools Settlement Agreement (IRSSA) in September 2007 to redress the legacy of First Nations children that were forced into residential schools. The agreement includes provisions for financial compensation, a truth and reconciliation commission, and additional healing measures for survivors. Changes in an electoral system can significantly improve the representation and participation of minorities. At the simplest level, voter education and registration initiatives could be made more accessible to minorities. This may entail measures like producing materials in minority languages, hiring minorities to help with voter registration or providing transportation for minorities to enable them to vote securely or if they live remotely. These initiatives could take account of literacy rates of men and women among minority communities and make accommodations if necessary. 4.3.2 Political Participation of Minorities: The participation of minorities in governance processes is often very weak at all levels, especially for minority women. This is because minorities lack political representation in government or are under represented within the public service. Minorities might be poorly represented in other institutions like trade unions or the academic sphere. This exclusion may be due to several factors, including discrimination, poverty, low institutional trust, lack of capacity, language barriers, weak access to media outlets or public information, or living in remote areas. At a more complex level, governments could undertake reforms in the electoral system to help increase minority participation. Any reform must be context specific – there is no one-size-fits-all answer in creating a stable and inclusive electoral system. Factors such as historical and current inter-communal relations, population size of minority groups, geographic dispersion or concentration of minority groups, voting preferences of minorities and the existence of minority-specific political parties can have an impact. Discrimination against minorities can inhibit electoral participation. Institutional trust can be very low where groups have experienced sustained exclusion and weak access to justice, prompting a de facto disenfranchisement. Where fluency in an official language is a precondition to running for election, this may discriminate against linguistic minorities. Citizenship may also be a requirement for electoral participation. Although such a requirement is not, a priori, a violation of international law, the criteria for gaining citizenship might discriminate against minorities. Finally, it is important to recall that minorities have the right to form associations and to maintain contacts across borders. This right extends to the formation of political parities. Chapter 4: Minorities in Development 51

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