A/HRC/30/26
making processes violated their rights and, as such, a broad set of measures have been
judicially ordered, from invalidation of approval for Government projects, especially in the
mining, forestry and energy sectors, to remedies for those affected.65 In March 2010, the
Ecuadorian Constitutional Court declared that mining exploitation in the territories of
indigenous, afro-Ecuadorean and Montubian communities, peoples and nations, must
always be subjected to prior consultations with the relevant communities, as provided for
in the Constitution. In September 2014, a federal judge of the United States of America
ordered the state of Alaska to translate information on early voting and initiatives relating
to the November 2014 ballot into Yup'ik dialects for Alaska indigenous voters with limited
English.66
Minorities
57.
States ensure participation of minorities by different means. In addition to electoral
systems based on proportional representation, measures such as seats reserved for
minorities in elected bodies and favorable delimitation of the constituencies contribute to
supporting the political participation of minorities.67 Kazakhstan reported that it made
electoral materials accessible to linguistic minorities by translating them into the minority
languages.
58.
Some States reported that minorities benefited from lower thresholds to enter elected
bodies. In Slovenia, the electoral law provides for a separate election for a Roma
representative in municipalities that have a significant Roma population if, during the
general local elections, no Roma representative succeeded in securing enough votes to be
elected. Additional measures include the devolution of certain powers to minorities by
means of a federal or autonomous arrangement; establishment of an informal council of
minority representatives or a statutory body, which is consulted by the executive on matters
of concern to the minority.68
59.
Once representatives of minorities have obtained a seat in Parliament, their position
may be further reinforced by certain measures. In particular, they may be given special
procedural rights with regard to questions pertaining to minority issues, which may range
from the right to initiate new legislation to vetoing bills on minority issues.69 In Belgium,
the Assembly and the Senate are divided into language groups for certain issues, which then
have to be decided upon by a majority in each group and an overall majority of two thirds
of votes.70
Persons with disabilities
60.
Some States, such as Ecuador, reported that they conducted information campaigns
and awareness-raising initiatives to promote the participation of persons with disabilities in
political and public life. Many States have also adopted a wide range of legislative, policy
and practical measures to remove existing physical barriers and improve the accessibility of
voting stations. Belarus indicated that blind persons are provided with information
materials about candidates in Braille and that the ballot papers have Braille stencils and
65
66
67
68
69
70
See ILO, Application of Convention No. 169 by Domestic and International Courts in Latin America
– A casebook (2009).
Associated Press, “Judge rules in Alaska native voting rights case”, The New York Times, 22
September 2014.
Council of Europe, The Participation of Minorities in Decision-Making Processes, Expert study,
November 2000 (DH-MIN(2000)1), p. 6.
A/65/287, para. 41.
Council of Europe, The Participation of Minorities, p. 11 (see footnote 67).
Ibid., p. 11.
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