5. States should ensure that national minorities have an equal and effective
opportunity to participate in decision-making regarding social and
economic affairs policies, which must respect their existing rights, and
their participation should substantially inform the design and outcome of
the policies.
In the experience of the HCNM, when persons belonging to national minorities are
unable to participate effectively in decision-making on policies that affect them, this
can lead to the adoption of policies that fail to reflect their needs and interests. This
can undermine efforts towards integration and contribute to tensions in society.
The right of persons belonging to national minorities to effective participation in
public affairs, especially in regard to decisions affecting them, is well established
in international human rights standards and OSCE commitments.47 Creating
conditions for the effective participation of national minorities is an essential part of
good governance in a pluralistic society.48
States should ensure that persons belonging to minorities have opportunities to
participate effectively in decision-making about social and economic issues in
the relevant government structures, as well as through other mechanisms such
as consultative and advisory bodies.49 Opportunities should be facilitated through
special arrangements, as necessary, such as measures to ensure minority
participation in the civil service or to facilitate minority representation in elected
bodies as well as in electoral systems.50
“Effective” participation entails that participation should involve genuine opportunities
to influence decision-making. Opportunities for effective participation should be
available at all levels of government, including at the local and regional levels, where
authorities often have direct responsibility for certain social and economic issues.
The participation of minorities should feature not only at the policymaking stage,
but also during policy implementation and in the assessment of policy outcomes.
47
48
49
50
Inter alia Copenhagen (1990), paragraph 35; UN Declaration on Minorities, articles 2 (2) and (3); and
FCNM, article15.
FCNM AC, Commentary on Participation, paragraph 8.
Ljubljana Guidelines, Guideline 39; and OHCHR, FMI Recommendations, third session, paragraph 39.
OSCE HCNM, The Lund Recommendations on the Effective Participation of National Minorities in Public
Life, Recommendation paragraph 6 (1999) (Lund Recommendations); and Ljubljana Guidelines,
Guideline 39.
Recommendations on the Effective Participation of National Minorities in Social and Economic Life
25