Mr Jakob Finci presented on “Implementation of ECfHR Grand Chamber Judgment dated 22 December 2009 in the Case of Sejdic&Finci v Bosnia and Herzegovina”. He first gave a brief overview of the conflict that ended in 1995 with the signing of the Dayton Peace Accord, which contained a Constitution in Annex, according to which people falling in the category of “others” who did not belong to the three constituent people could not become a candidate for seat in the House of People. This situation led him and Mr Sejdic, a Roma, to take the case to the European Court that ruled in their favour, stating that all citizens of Bosnia and Herzegovina regardless of ethnicity, religion or place of living should be equally allowed to run for all positions in Government. This was the first decision in the European Court concerning Protocol 12 which is very important especially for minorities. Since then, Mr Sejdic and Mr Finci have been fighting for the implementation of the decision which is rather challenging because, while there is no political party opposing this decision, the issue is instead that ten parliamentarian parties cannot agree on how the decision should be implemented in practice. Ms. Punam Sijapati, District Program Coordinator at Feminist Dalit Organization, presented on the “Challenges faced by Dalit women in Nepal” first drawing a picture of the current situation in terms of persisting discrimination against the Dalits. In order to ensure effective implementation of the Declaration, she suggested that there was a need for stronger political will and commitment, both in amending out-dated and discriminatory laws and implementing agreed provisions for the Dalits. Other ways to ensure implementation included the inclusion of a clear definition of minorities in the new Constitution, ensure proportional representation for Dalits, including women, in the public and private sectors, campaign to eliminate discriminatory laws, regulations, directives, policies and norms based on caste, traditional professions, ethnicity and descent and the adoption of administrative, legal and institutional measures for effective implementation of all international and national obligations, policies, programmes and agreements to promote and protect the rights of Dalits. Discussion The following issues were raised during the second segment of the discussion under Item V: • The need for recognition of minorities within a State as a very first step for ensuring the implementation of the Declaration; • The need for strengthening social inclusion based on disaggregated data; • The status of the Declaration and the fact that it is adhered to only if there is political willingness; • The lack of awareness of the existence of the Declaration as one of the main challenges; • The non-existence or the existence of weak civil society organisations; • The need to recognise that discrimination is not only a minority-majority issue but there are also problems between different minority groups; • The need to incorporate the issue of anti-terrorism laws in the discussions of the Forum; • The need for Special Procedures mandate-holders to ensure that they meet and consult with minority organisations and minority human rights defenders during country visits; • The need to create mediation mechanisms between States and minority organisations and associations within the framework of the rights contained in the Declaration; 15

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