report Electoral systems and the protection and participation of minorities By Andrew Reynolds Voting at a polling station in Nairobi during the 2002 Kenyan elections. Sven Torfinn/Panos Pictures. Acknowledgements Minority Rights Group International Minority Rights Group International (MRG) gratefully Minority Rights Group International (MRG) is a non- acknowledges the support of all organizations and governmental organization (NGO) working to secure the individuals who gave financial and other assistance for this rights of ethnic, religious and linguistic minorities and report, including the Department for International indigenous peoples worldwide, and to promote cooperation Development (UK). Commissioning Editor: Clive Baldwin. and understanding between communities. Our activities are Report Editor: Sophie Richmond. focused on international advocacy, training, publishing and outreach. We are guided by the needs expressed by our The author worldwide partner network of organizations, which represent Andrew Reynolds is Associate Professor of Political Science minority and indigenous peoples. at the University of Chapel Hill, North Carolina. His research and teaching focus on democratization, constitutional design MRG works with over 150 organizations in nearly 50 and electoral politics. He has worked for the United Nations, countries. Our governing Council, which meets twice a year, the International Institute for Democracy and Electoral has members from 10 different countries. MRG has Assistance, the US State Department and many other consultative status with the United Nations Economic and organizations. He has served as a consultant on issues of Social Council (ECOSOC), and observer status with the constitutional design for 16 countries. African Commission on Human and Peoples’ Rights (ACHPR). MRG is registered as a charity and a company limited by guarantee under English law. Registered charity no. 282305, limited company no. 1544957. © Minority Rights Group International 2006 All rights reserved Material from this publication may be reproduced for teaching or for other non-commercial purposes. No part of it may be reproduced in any form for commercial purposes without the prior express permission of the copyright holders. For further information please contact MRG. A CIP catalogue record of this publication is available from the British Library ISBN 1 904584 55 1. Published September 2006. Typeset Kavita Graphics. Printed in the UK on recycled paper. Electoral systems and the protection and participation of minorities is published by MRG as a contribution to public understanding of the issue which forms its subject. The text and views of the author do not necessarily represent in every detail and in all its aspects, the collective view of MRG. Electoral systems and the protection and participation of minorities By Andrew Reynolds Contents Executive Summary 2 Introduction 3 The importance of minority representation 5 Electoral system choices and consequences – a brief overview 8 The global trend in electoral system design and reform 10 Recommendations 28 Relevant international instruments 29 Notes 30 References 32 Executive Summary In every successful case of peaceful and democratic con- Furthermore, the type of electoral system can influence flict avoidance in the world, minority communities and how party leaders engage voters. Some systems reward can- their rights have been included and protected the legisla- didates who appeal to a cross-section of society while others tive process. reward those who appeal only to their own groups. But minorities are still consistently excluded from By considering specific countries, conflicts, minorities electoral reform, constitution drafting and the creation and electoral systems, the report offers guidance on how of new governments. However, attempts at inclusion best to ensure minority rights to public participation. made by non-minority rights specialists during electoral These rights include: reform can entrench segregation and lead to the same result. • the right to exist and be recognized Electoral systems are the skeletons on which the body • the right of individuals to choose their identities and of a peaceful or a conflict-ridden society grows. By con- not suffer for doing so sidering the electoral systems behind different conflict • the right of all members of society to freely practise situations worldwide, and examining and evaluating the their language, culture and religion, by themselves or level of minority inclusion, this report shows clearly how in community with others, including in public and at the participation of minorities in the legislative process at elections the stage of electoral reform is a key tool, both in peace • the rights of all to participate in the decisions that building and in future conflict prevention. affect them without any form of discrimination. The report gives the example of Bosnia, where the Dayton Peace Accord of 10 years ago has turned elections It also gives guidelines on how to design electoral systems into ethnic censuses that completely exclude smaller in transitional and post-conflict situations that promote minorities such as the Roma, which could lead to conflict cooperation rather than ongoing tension between groups. in the future. The report also discusses Iraq, where, in It argues that: January 2005, the national list system used for the Con- stituent Assembly meant that the Sunni minority were • Designers must have a clear understanding of the situ- certain to be seriously under-represented if Sunnis boy- ation of all ethnic, national religious and linguistic cotted the polls. This further destabilized an already minorities, including numbers of minorities, geo- precarious security situation and exacerbated the conflict graphical spread and levels of literacy. in the region. The system was adjusted for the December • Systems should be designed for the particular needs of 2005 elections, but the country is still struggling to recov- the society and all minorities in it. er. The report also evaluates how Kenya, Lesotho, Malawi, • No system should force electors and the elected into Nigeria and Zimbabwe have, to varying degrees, seen pre-determined identities. their political sphere defined and polarized ethnically by • Special measures must be used, where needed, to the First Past the Post electoral systems they inherited ensure fair representation of minority women. from colonial rule, resulting in the marginalization of minorities in political life. A commitment to understanding how electoral systems Electoral systems can influence not just the numbers impact on the stability of societies at every level is vital for of minority candidates elected but also how majority par- anyone involved in conflict prevention, electoral design ties seek to appeal to or marginalize minority voters, and and reportage. The protection of minority rights is best how inclusive candidate lists will be. One system might achieved and articulated through a combination of major- encourage the forging of alliances between parties that, in ity sensitivity and minority inclusion. In this, the practical turn, will affect the broader political climate, while anoth- tool of electoral systems plays a vital peacekeeping role. er may exaggerate conflict. If the results a system gives rise to are not considered ‘fair’, this may encourage minority by Preti Taneja groups to seek non-democratic retribution. Human rights journalist 2 ELECTORAL SYSTEMS AND THE PROTECTION AND PARTICIPATION OF MINORITIES Introduction With the rapid growth in the number of multi-party minorities to be recognized, as religious, ethnic or linguis- states, and the diffusion of democratic norms and stan- tic groups. This implies that if one minority group is dards, the ability of minorities to be included and recognized in an electoral system, all such groups should represented in parliament and government has taken on be. Finally, there is the right set out in basic minority increasing importance. The protection of minority rights rights documents that all minorities and individuals have is best achieved and articulated through a combination of the right to choose to be or not to be associated with a majority sensitivity and minority inclusion. The represen- minority group and not suffer any detriment because of tatives of minority groups, both men and women, must this. This would imply that any electoral system that enjoy full access to participate in the political sphere, pub- forces people to declare their identity and gives them priv- lic life and the relevant aspects of decision-making. Such ileges for doing so (or detriment for not doing so) would guarantees are also essential components of conflict man- be illegal.2 agement and multi-ethnic accommodation in those This report focuses on the electoral system, the way societies where disputes over communal difference have votes are translated into seats, and its impact upon the turned, or have the capacity to turn, into violent conflict. representation of minority communities. It begins with Most peace settlements pay particular attention to how discussions of the importance of minority representation representative bodies are elected and who shares in execu- for minority inclusion and protection, and whether it is tive and legislative power.1 The inclusion of minorities in better for minorities to self-identify or have their rights representative bodies is a necessary, if not sufficient, con- assigned on the basis of a legal pre-definition of