ACFC/31DOC(2008)001
councils. In this respect, the Advisory Committee has underlined that due attention
should be paid to the possible negative impact of certain residency requirements on the
participation of persons belonging to national minorities in local elections.28
85.
Electoral provisions aimed at promoting a balanced presence of women in elected
bodies can be designed to have a positive impact on the participation of women
belonging to national minorities in public affairs.
86.
Whatever the arrangements chosen, it is in general advisable to carry out a
periodical review in order to ensure that they adequately reflect developments in the
society and the needs of persons belonging to national minorities.
87.
Where possibilities for persons belonging to national minorities to be represented
in elected bodies are in practice limited, alternative channels, such as specific
arrangements to facilitate minority representation, need to be considered in order to
enhance their participation.29
iii. Administrative and constituency boundaries
88.
Changes of electoral constituencies may affect efforts to ensure effective
participation of persons belonging to national minorities in public affairs, including in
elected bodies. When considering reforms leading to constituency changes, State Parties
should ensure that they do not undermine the opportunities of persons belonging to
national minorities to be elected.30
89.
When considering reforms which aim to modify administrative boundaries, the
authorities should consult persons belonging to national minorities and carefully consider
the possible impact of such reforms on their participation in public affairs.31
90.
In any case, State Parties should not adopt measures which aim to reduce the
proportion of the population in areas inhabited by persons belonging to national
minorities or to limit the rights protected by the Framework Convention.32 On the
contrary, administrative reforms in such areas should aim inter alia to increase
opportunities for minority participation.
28
See for example 2nd Opinion on Ireland, adopted on 6 October 2006, paragraph 104.
See 2nd Opinion on Denmark adopted on 9 December 2004, paragraph 154.
30
See for example 2nd Opinion on the Slovak Republic adopted on 26 May 2005, paragraph 115 and 1st
Opinion on Ukraine adopted on 1 March 2002, paragraph 69.
31
See for example 1st Opinion on “the former Yugoslav Republic of Macedonia” adopted on 27 May 2004,
paragraph 103.
32
See Article 16 of the Framework Convention.
29
25