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
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