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41. States have significant leeway to decide, in consultation with minority
communities, the modalities by which political participation can be achieved. Those
measures may include the devolution of certain powers by means of a federal or
autonomy arrangement; an informal council of minority representatives or a
statutory body, which is consulted by the executive on matters of concern to the
minority; electoral systems based on proportional representation; a system of
reserved seats for minorities in parliament; or the facilitated participation in the
electoral process of political parties representing the interests of minorities.
42. Modalities for inclusion should always ensure ample representation of
minorities at all levels of the civil service, including the police and the judiciary
(see A/HRC/13/23). Additionally, it is important to note that the Declaration does
not endorse modalities that would violate the sovereignty or the territorial integrity
of States. Most importantly, the modality for political inclusion must afford
minorities genuine influence. Tokenism or State interference in the process of
identifying political representatives, for example, may lead to deeper frustrations.
Further, full respect for freedoms of expression and assembly is critical.
43. The most appropriate system will depend on the specificities of the situation,
including how populous the communities are, whether they are geographically
dispersed or concentrated, the aspirations of the minority groups and how well
integrated they are into the broader society. The flexibility of the minority rights
framework makes it well suited to the compromises necessary in processes of
negotiating solutions, diffusing tensions and avoiding violent conflicts.
44. In November 2009, the second session of the Forum on Minority Issues
focused on the issue of minorities and effective political participation.
Representatives of minority communities, staff of the relevant funds, programmes
and specialized agencies of the United Nations and experts on minority rights
participated actively in the session. The Forum produced a set of practical
recommendations and affirmed that ensuring meaningful and informed participation
and the management by minorities of matters directly affecting them was a means to
promote stability and integration in the societies where minorities live
(A/HRC/13/25, para. 5). The Forum also recommended that States should consider
what special arrangements were needed to ensure that minorities could participate in
political processes during situations of transition or conflict (ibid., para. 24).
45. Peace agreements at the end of internal armed conflicts often include some
kind of power-sharing institutional arrangement. However, modalities for including
minorities in political structures could usefully be identified at earlier stages to
avoid conflict. Respecting the right of minorities to political participation at times of
peace contributes to harmonious societies and opens non-violent avenues for the
grievances of minorities to be addressed.
46. When violent conflict does occur in diverse societies, applying a minority
rights-based approach to consultations regarding peace agreements will require that
all communities affected by the conflict, including those that are not active parties
to it, be able to participate in the settlement process. That approach should
counteract a tendency common in many conflict situations, whereby Governments,
and to a certain extent the international community, focus predominately on
addressing the demands of communities that are linked to armed movements, which
may result in peace agreements that guarantee rights for some communities at the
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