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Electoral Systems and the Protection and Participation of Minorities

Author: A Reynolds
Date: 2006
Size: 36 pages (364 KB)

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Summary

In every successful case of peaceful and democratic conflict avoidance in the world, minority communities have been included and protected by the legislative process. This report by Minority Rights Group International focuses on the electoral system and makes a number of recommendations for best practice in minority representation and electoral system design. The participation of minorities in the legislative process at the stage of electoral reform is a key tool, both in peace building and in future conflict prevention.

The design of electoral systems should be informed by a clear understanding of minority rights. These include: a) the right to exist and be recognised; b) the right of individuals to choose their identities and not suffer for doing so; c) the right of all members of society to freely practice their language, culture and religion; and d) the rights of all to participate in the decisions that affect them without any form of discrimination. Whilst electoral systems can ensure that minority voices are heard and encourage positive campaigns and modes of politicking, they are limited instruments of change and protection. They sit at the centre of a much broader web of political institutions which, in sum, will determine the fate of minorities in the public sphere.

Electoral systems and elections can affect minority groups in a number of ways:

In Bosnia, the Dayton Peace Accords have turned elections into ethnic censuses that exclude smaller minorities such as the Roma. This could lead to conflict in the future.
In Iraq, in January 2005, the national list system used for the Constituent Assembly meant that the Sunni minority would be under-represented if Sunnis boycotted the polls. This destabilised an already precarious security situation. The system was adjusted for the December 2005 elections but the country is still struggling to recover.
In Kenya, Lesotho, Malawi and Nigeria, the political sphere has been defined and polarised ethnically, to varying degrees, by the first past the post electoral systems. This had led to the marginalisation of minorities in political life.

The two main families of electoral system are plurality-majority systems and proportional systems, although increasingly nation-states are evolving hybrid systems. Minorities that have ‘tipping point’ leverage in constituencies may be best served by single-member systems. Where minorities do not have such leverage, proportional systems are probably more advantageous. Where minorities are large enough to win a fifth or sixth of a regional vote, the option of the Single Transferable Vote (STV) might be entertained. When voting behaviour is multi-ethnic, the ‘best’ systems are ones that promote and consolidate existing alliances. Whatever the case may be, the design of electoral systems in transitional and post-conflict situations should help to promote cooperation rather than continuing tension between groups. Furthermore:

election designers should have a clear understanding of the situation of all minorities in the country before beginning the redesign
they should be aware of the relevant rules of minority rights
electoral systems should be appropriate to the particular needs of the society and all the minorities within it
no electoral system should force electors and the elected into pre-determined identities
electoral systems should ensure the rights of all to practise their religion and language - special measures may be needed where minorities have high levels of illiteracy
special measures must be used, where needed, to ensure fair representation of minority women

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Source: Reynolds, A., 2006, 'Electoral Systems and the Protection and Participation of Minorities', Report, Minority Rights Group International, London
Author: Andrew Reynolds , asreynol@email.unc.edu