UUI, Alm.del - 2008-09 - Bilag 186: FN-konference om minoriteters politiske deltagelse. Folketinget har modtaget denne information om en FN-konference vedrørende minoriteters muligheder for politisk deltagelse, der vil blive afholdt den 13.-14. november i Geneve. Sagen vil blive sat på dagsordenen på et kommende udvalgsmøde.

Udvalget for Udlændinge- og Integrationspolitik 2008-09
UUI Alm.del Bilag 186
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NATIONS UNIESHAUT COMMISSARIAT DES NATIONS UNIESAUX DROITS DE L’HOMMEPROCEDURES SPECIALES DUCONSEIL DES DROITS DE L’HOMME

UNITED NATIONSOFFICE OF THE UNITED NATIONSHIGH COMMISSIONER FOR HUMAN RIGHTSSPECIAL PROCEDURES OF THEHUMAN RIGHTS COUNCIL

Mandate of the Independent Expert on Minority IssuesTéléfax: (41-22)-917 90 06Télégrammes:UNATIONS, GENEVETélex: 41 29 62Téléphone: +41(0)22.917.9331Internet : www.ohchr.orgE-mail: [email protected]

Address:Palais des NationsCH-1211 GENEVE 10

REFERENCE: G/SO 2005-4

8 June 2009I have the pleasure to inform you that the second session of the United Nations Forum onMinority Issues will take place on 12 and 13 November 2009 in Palais des Nations in Geneva.The thematic focus of this second session is “Minorities and Political Participation”. For yourinformation, kindly find attached a concept note thereon.As mentioned in the concept note, the discussions during the Forum will be around threecore elements:•Identification of good practices in relation to minorities and political participation;•Identification of challenges and problems facing minorities and States with respect toincreasing the participation of minorities in political processes; and•Consideration of opportunities, initiatives and solutions.In this context and in order to enrich the discussions at the Forum with concrete examples, Iwould very much appreciate receiving examples of practices or initiatives put in place in yourcountry to improve the effective participation of minorities in political institutions and processes,both at the national and local levels.These examples shall be compiled and shared with Forum participants in advance of thesession, to serve as the general framework for, and guide the discussions during the Forum.We would be grateful to receive your input before the end of July 2009.For further information on the Forum, you may wish to contact its Secretariat: Ms. SylvieSaddier-Calame or Ms. Kim Turcotte ([email protected] ), and visit the Forum’s website at the following address:http://www2.ohchr.org/english/bodies/hrcouncil/minority/forum.htm.Please accept the assurances of my highest consideration.

Gay McDougall,Independent Expert onMinority IssuesAnnex:Concept Note

United Nations Forum on Minority Issues – Second SessionMinorities and Political ParticipationDates:12 and 13 November 2009Venue:Palais des Nations, Geneva, SwitzerlandU.N. Independent Expert on Minority Issues:Gay McDougallChair of Forum:not yet appointed

The thematic focus of the Forum in 2009 will be“Minorities and Political Participation”.

IntroductionMany situations around the world show that an adequate representation of minority groups in thesociety’s policy- and decision-making is instrumental in breaking the cycle of discrimination and exclusionsuffered by members of these groups, and the ensuing disproportionate levels of poverty and relatedimpediments to the full enjoyment of many civil, cultural, economic, political and social rights.The United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious andLinguistic Minorities states that ensuring that persons belonging to national or ethnic, religious andlinguistic minorities are “an integral part of the development of society as a whole and within a democraticframework based on the rule of law” is necessary to maintain or build harmonious and respectful relationsamong a society’s various components1. The effective participation of members of minority groups in thepolitical life of the society they belong to is an essential component of a peaceful and democratic society.

Legal FrameworkThe Universal Declaration of Human Rights protects the right to everyone “to take part in the governmentof his country” and to “equal access to public service in his country”2. A few years later, the InternationalCovenant on Civil and Political Rights in its article 25 also recognized the rights to every citizen, withoutdistinction of any kind, to take part in the conduct of public affairs, to vote, to be elected and to haveaccess to public service3.The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and LinguisticMinorities states that: “(…) 2. Persons belonging to minorities have the right to participate effectively incultural, religious, social, economic and public life. 3. Persons belonging to minorities have the right toparticipate effectively in decisions on the national and, where appropriate, regional level concerning theminority to which they belong or the regions in which they live, in a manner not incompatible with nationallegislation. 4. Persons belonging to minorities have the right to establish and maintain their ownassociations. (…)”4.In its commentary to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religiousand Linguistic Minorities, the former Working Group on Minorities stated that “the right to participate in allaspects of the life of the larger national society is essential, both in order for persons belonging tominorities to promote their interests and values and to create an integrated but pluralist society based ontolerance and dialogue”5.1

United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious andLinguistic Minorities, adopted by General Assembly resolution 47/135 of 18 December 1992, preambleparagraph 6.

Universal Declaration of Human Rights, , adopted by General Assembly resolution 217 A (III) of 10December 1948, article 21.3

International Covenant on Civil and Political Rights, adopted by General Assembly resolution 2200 A(XXI) of 16 December 1966.United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious andLinguistic Minorities, adopted by General Assembly resolution 47/135 of 18 December 1992, article 2.

Commentary of the Working Group on Minorities to the Declaration on the Rights of Persons Belongingto National or Ethnic, Religious and Linguistic Minorities, E/CN.4/Sub.2/AC.5/2005/2, para. 35.

While noting that “the number of persons belonging to minorities is by definition too small for them todetermine the outcome of decisions in majoritarian democracy”, the former Working Group on Minoritiesexpressed the view that “effective participation requires representation in legislative, administrative andadvisory bodies and more generally in public life”6.

Issues for considerationThe focus of discussions will be around three core elements:•••Identification of challenges and problems facing minorities and States;Identification of good practices in relation to minorities and political participation; andConsideration of opportunities, initiatives and solutions.

In the framework of the themes listed below, the Forum will consider current practices and ways toincrease the effective participation of minorities in policy- and decision-making processes and institutions:•••national and local parliaments;“minority” parliaments, advisory or consultative bodies;central and local governments / executive bodies at the national and local levels.

Participation and discrimination: the impact of discrimination on minorities’ political participation; to whatextent is the effective participation by minorities in political processes and institutions facilitated by thesociety’s acceptance of minority inclusion.Meaningful representation / representation and empowerment: How is it possible to ensure an effectiverole by minorities in policy- and decision-making?Obstacles to minorities’ political participation: discriminatory denial of citizenship; right to vote, languagerequirements to register to vote, run for elections or hold public offices; location of polling places;availability of voter education in minority languages; possible reluctance of minority communities toparticipate in public affairsImpact of Different Electoral Systems: what is the impact of electoral laws and electoral systems? Is therean “ideal” or, at least, more effective electoral system: proportional representation (with or without athreshold, with the possibility of open-lists or not) / majority or first-past-the-post electoral systems?Should the geographical concentration (or lack of) of the minorities in the country be considered? Thedelimitation of electoral districts or precincts to impact the representation of minorities?Possible institutions / bodies which could address obstacles to minorities’ participation in political life for asociety: minority Ombudsperson or dedicated branch on minorities in the national human rights institution;dedicated ministry; dedicated parliamentary committee; parliamentary outreach to minority communities;mediaRole of Political parties: How to ensure adequate representation in “mainstream” political parties? partyoutreach to minority communities. Minority-based political parties: promoted / authorized / forbidden?Effective or divisive?Role of minority groups: minority political parties / associations / lobby organisations; perceptions of theimpact of participation in national institutions; relations between minority representatives and theirconstituentsVeto rights on policies and decisions on issues affecting minorities: In the affirmative, which mechanism /institution should receive the veto right?Quotas, reserved seats or other mechanisms ensuring representation of minorities: reserved seats inparliament; minorities’ parliaments / tribunals / councils or other advisory bodies;Cultural autonomy and self-governance: applied in certain countries with respect to linguistic rights,education, religion, cultural identity, etc.Related issues include:•freedom of expression, assembly and association•freedom of the press and minority access to the media6

Commentary of the Working Group on Minorities to the Declaration on the Rights of Persons Belongingto National or Ethnic, Religious and Linguistic Minorities, E/CN.4/Sub.2/AC.5/2005/2, paras. 42 and 44.

•••

open, participatory and transparent law-making processfreedom to engage in political activity individually or through political parties or otherorganisationsfreedom to debate public affairs, to hold peaceful demonstrations and meetings

Aims and Objectives of the United Nations Forum on Minority IssuesThe aims and objectives of the Forum on Minority Issues are established in Human Rights Councilresolution 6/15 which requires that under the guidance and preparation of the Independent Expert onMinority Issues, the Forum shall:1. meet annually to provide a platform for dialogue and cooperation on issues pertaining to personsbelonging to national or ethnic, religious and linguistic minorities;2. provide thematic contributions and expertise to the work of the Independent Expert on minorityissues;3. identify and analyse best practices, challenges, opportunities and initiatives for the furtherimplementation of the U.N. Declaration on the Rights of Minorities;4. produce thematic recommendations to be reported to the Human Rights Council by the IndependentExpert;5. contribute to efforts to improve cooperation among UN mechanisms, bodies and specializedagencies, funds and programmes on activities related to the promotion and protection of the rights ofpersons belonging to minorities, including at the regional level.The Forum offers a unique opportunity for engagement and dialogue with a wide range of stakeholdersincluding UN Member States and bodies, Specialized Agencies, inter-governmental and regionalorganizations and minority representatives and civil society on minority issues. The Forum is open to theactive participation of all stakeholders and will pursue creative collaborations and modalities ofengagement. The Forum will seek to provide concrete and tangible outcomes in the form of thematicrecommendations of practical value to all stakeholders.In conformity with resolution 6/15, the outcome of the Forum will be thematic recommendations that willbe reported to the Human Rights Council by the Independent Expert.

Format and AgendaThe views of experts and participants from minority communities will be given a high priority within theproceedings.The chosen thematic focus on minorities and political participation will be the sole substantive issue onthe agenda of work for the 2009 Forum. An annotated agenda will be provided in advance of the sessionof the Forum.

Participation in the ForumPursuant to resolution 6/15, the Forum will be open to participants of States, United Nations mechanisms,treaty bodies and specialized agencies, funds and programmes, intergovernmental organizations,regional organizations and mechanisms in the field of human rights, national human rights institutions andother relevant national bodies, academics and experts on minority issues and non-governmentalorganizations in consultative status with the Economic and Social Council. The Forum shall also be opento other NGOs and organizations representing minorities whose aims and purposes are in conformity withthe spirit, purposes and principles of the Charter of the United Nations.Outcomes••The Chairperson of the Forum is responsible for the preparation of a summary of the discussionof the Forum, to be made available to all participants;The Independent Expert on minority issues will include the recommendations from the Forum inher annual report to the Human Rights Council.*****