A/HRC/13/23
preferences.38 Of course, such lists can be a barrier to effective minority representation if
mainstream political parties place minority candidates low on their lists.
76.
There are electoral systems where voters can vote for more than one candidate from
different parties, ranking them in order of choice, and the lower-order preferences are taken
into account if no candidate reaches a threshold number of votes on the first-preference
votes. This system may facilitate minority representation and is also thought to promote
inter-group cooperation as parties seek second-preference votes from other parties’
supporters. It may also encourage mainstream parties to take up minority issues.
77.
Electoral systems often have a threshold percentage of votes which parties must
obtain in order to have a representative in parliament. This may be modified either
generally or in the area where a minority is concentrated, in order to permit the creation of
parties that represent small minorities.39 Conversely, high thresholds will inhibit minority
representation as minority parties will often be unable to gain sufficient votes.
78.
The demarcation of boundaries of electoral districts may also be carried out in such
a way as to facilitate representation of minorities if the minority is territorially
concentrated, even though there is no reserved seat for the minority as such. The number of
minority seats may also be increased by creating smaller electoral districts and thereby
increasing their number. To ensure that boundaries do not unfairly prejudice any group, an
official demarcation body independent of Government and with a fully representative
membership should be set up.
79.
Minority participation in Government (the executive or administrative branch) is
another crucial form of minority participation, that is, as members of the Cabinet and other
such bodies. Measures which may increase minority participation in Government include
the allocation to minorities of membership in key committees, advisory bodies or other
high-level organs; the creation of high-level bodies to address issues of relevance to
minorities, preferably run by members of minorities; and the institutionalization of active
consideration of minority issues across relevant ministries through, for example, personnel
or a division appointed to address minority concerns within each relevant ministry, the
issuance of standing directives, and the creation of inter-ministerial working groups to
facilitate coordination. A careful balance between mainstreaming and targeting should be
achieved in this regard to make minority participation most effective and to avoid having
minority issues marginalized in a single, possibly disempowered, department.
80.
The participation of minorities in administration, the judiciary, public bodies and
public companies is another important aspect of the realization of the minority right to
effective participation. Minority participation in decision-making is facilitated if members
of minorities work as civil servants in a broad range of bodies, and are not confined
exclusively to bodies dealing with minority issues. In some cases, there may be legal or
constitutional requirements for proportional representation in the public administration
bodies. Certain types of quotas have been deemed illegal in some States; however, the
benefits of such special measures are evident.
81.
One system of power-sharing which is frequently regarded as enabling minority
participation in Government is consociationalism, whereby all larger minorities are entitled
38
39
GE.10-10198
Ghai, p. 15; Venice Commission, Report on Electoral Rules and Affirmative Action for National
Minorities’ Participation in Decision-Making Process in European Countries (CDL-AD(2005)009), p.
17.
Reynolds 2007, pp. 19–20; Warsaw Guidelines, p. 22; Reynolds 2006, p. 19; Council of Europe, The
Participation of Minorities in Decision-Making Processes by J.A. Frowein and R. Bank (“Frowein
and Bank”) (DH-MIN(2000)1), p. 6.
19