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to participate in Government and to a proportion of positions in the public service. Under
consociationalism, ethnic groups are recognized as political entities and, as such, are
entitled to a large degree of self-government in matters deemed to be internal to them, and
to a share in power when matters of common interest are being resolved at the national
level. It is also possible to base power-sharing not explicitly on ethnicity but on political
parties; such arrangements tend to encourage the political integration of ethnic groups. A
major criticism of consociationalism is that it risks excluding and disempowering smaller
minorities who are not included in such arrangements.
82.
Consultative mechanisms can provide useful opportunities for minority participation
as supplements when equal participation in elected bodies is insufficient because the
minority community is too small to impact an election. Such consultative bodies can be ad
hoc, set up to address a particular issue, or they can be formalized structures at the national,
regional and local levels. They may be general, such as minority round tables, or related to
specific matters, such as housing, land, education, language or culture. They may be part of
the institutional structure of Government and there may be a legal requirement that they be
consulted on particular matters. For such mechanisms to be effective, it is important that
consultative bodies have a clear legal status, that the obligation to consult them is
established in law and that their involvement in decision-making processes is of a regular,
meaningful and permanent nature. Such bodies should be properly resourced and attention
should be paid to the representativeness of their members, who should be chosen by the
minority community through transparent procedures. It is important that the members
appointed have the requisite qualifications to carry out the work and that they be truly
representative, including of minority women. Finally, these structures must be
commensurate with the needs of minority communities.
83.
In some States, there is a strong demand from communities to have their traditional
governance structures respected. Such structures may include systems whereby elders are
consulted by community members and decide on important matters, whether they involve
individual members or the community collectively. Communities may also have recognized
customary laws or a code of behaviour, and these may or may not be written. Whether
written or unwritten, it is critically important that such traditional governance structures
include women and other marginalized groups in decision-making positions and apply
international human rights principles fully in all aspects of their activities. With this
proviso, initiatives whereby traditionally recognized community leaders are incorporated
into formal government structures and legislatures are welcome and contribute to a better
realization of the right to effective participation. Moreover, elders may play a role in
conflict management, for instance by acting as arbiters in disputes between community
members.
84.
The minority right to effective participation can be advanced through forms of selfgovernance. In many cases, this entails some degree of group autonomy, which is nonterritorial and gives the minority the right to administer and even legislate in certain fields,
such as education, cultural affairs, application of personal laws and the preservation of
customary law or practices, usually with exclusive jurisdiction.
85.
Limited territorial autonomy allows minorities to exercise a wide range of
participatory rights within a specific region in which the minority is concentrated. Since it
is based on the spatial principle, the advantage of territorial autonomy is that it enables
problems to be resolved without necessarily entrenching societal divisions. Indeed,
territorial autonomy has been used to accommodate the demands of linguistic or cultural
minorities. Territorial autonomy can enable the fair representation of minorities in regional
legislatures and in the executive. Such arrangements should provide for the protection of
minority languages, their use in public life, as well as education about and preservation of
minority cultures, thus accommodating the demands of linguistic and cultural rights. The
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