Policy Responses on Participation:
International law offers little guidance regarding institutions and mechanisms for implementing
the right to participation of minorities. However, the stronger the institutions and mechanisms,
the more likely they will contribute to stability and non-discrimination.
Policy responses to ensure the right to participate in decision-making that affects minorities
may be taken at the central, regional or local levels. At a minimum, minorities should have the
right to vote and to stand for office without discrimination. Consideration may be given to the
shape of electoral systems. Factors such as proportional representation, candidate selection and
the boundaries of electoral districts can impact upon minority participation. Designated seats
for minorities in the legislature may be created. Minorities have the right to form their own
political parties as well.
Although restrictions are often applied to political participation for non-citizens, efforts
could be made to accommodate participation of immigrant minorities. This may include
conferring voting rights in local elections or the creation of local consultative bodies for
non-citizens. For example, Denmark has over 60 integration councils and Germany has about
400 Ausländerbeiräte (foreigners’ councils) (MPG, 44). Such bodies can increase participation
of excluded minorities, and improve communication and relations between immigrants,
citizens and local authorities.
For some minority groups, forms of territorial or non-territorial autonomy may be appropriate.
Minority groups that are territorially concentrated and constitute a sizeable population in the
locale may be served best by autonomous forms of local or regional governance. This may
enable control over decision-making for issues like education, culture, local public services
and local development. Non-territorial forms of autonomy usually focus on cultural rights,
such as curriculum development for minority languages, regulation of traditional laws and
customs, the right to use and register their names in their own language, and the right to
form cultural institutions.
National consultative bodies for minorities are also common. These bodies may or may not be
elected directly by persons belonging to minorities. In Hungary, for example, the national law
on minorities (Act LXXVII on the Rights of National and Ethnic Minorities (1993)) is the basis of
self-government for Roma, the National Gypsy Self-Government (est. 1995), which contains
53 seats elected by popular vote (i.e. not exclusively by Roma). It was found to be too difficult
to restrict voting only to Roma, not least because of self-identification issues. For this reason is
it advantageous to adopt a variety of measures that facilitate the participation of minorities in
decision-making and not rely on a single entry point of political engagement.
Chapter 3: Fundamental Rights and Principles
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