On Thursday 28 November 2024, Presidential Fellow, Dr Lilija Alijeva, delivered a statement at the United Nations (UN) headquarters in Geneva that provided a legal perspective on the right of (ethnic, religious, linguistic, national and other) minorities to effective participation in public life.
Her statement formed part of the first days’ proceedings of the two-day 17th session of the United Nations Human Right’s Council’s (UNCHR) Forum on Minority Issues.
Watch the recording of the proceedings on the UN website, with Dr Alijeva speaking between [1:34:03 - 1:36:19].
Thank you Chair, I would like to address the subject of minority representation in public space, specifically the measures and conditions required for the participation of minorities in decisions that affect them. Public participation of minorities in domestic opportunities is often blocked or provides ineffective conditions for the accommodation of minority voices.
"Many international organisations recognise that participation opportunities for minorities, specifically in public life, must be effective. This means that arrangements in public places need to go beyond legal symbolism and ensure that minorities have meaningful opportunities to take part and influence the decisions that affect their way of life.
"The normative framework of the minority right to effective public participation can be divided into decision making and self-governance elements.
"While participation in decision making can range from special representation through reserve member of seats to the establishment of relevant ministries and consultative bodies and many more, minority self-governance can be achieved through territorial and non-territorial arrangements.
"Some effective public participation areas, such as self-governance arrangements, may require guarantees which are ensured legal, constitutional and dispute resolution arrangements. This ensures better protection from the changing political will and support of incoming and outgoing governments.
"Therefore this intervention recommends for the Forum recommendations to include the legally-binding and non-legally binding norms contributing to the effective public participation rights of minorities, including the guidance of the High Commissioner on National Minorities of the OCSE, the Advisory Committee on the Framework Convention of the Council of Europe, the 2009 UN Forum Recommendations and many other documents. I thank you.