A quota is an allocation rule through which offices, goods or political functions are distributed in accordance with a certain formula. A quota system for minority representation is generally employed in situations where an unregulated distribution would cause unintentional imbalances and inequalities.[1]
In the case of national minorities, such imbalances and inequalities could be particularly destabilizing if the minority contested the legitimacy of the political system. The institution of a quota in such a situation is aimed at achieving an equal or more balanced access to political power by applying positive measures.
Regional quotas are among the most commonly applied quotas. The quota distributes parliamentary seats to representatives of all regions of a country, not just according to their share of the population, but giving non-proportional seats to certain regions over others. Over-representation for certain regions works to the advantage of minority groups that are concentrated in those parts of the country.
The advantages and disadvantages of legislated quotas for minority representation are covered in the file "Advantages and disadvantages of legislated quotas for minority representation".
Fair minority representation is very often referred to in the constitution and can be achieved through any of the types of quotas. The reserved seats system is a widely used quota system to ensure the representation of minority groups in the legislature by setting aside a certain share of parliamentary seats for candidates representing the minority group. Representatives from these reserved seats have in most cases been elected in the same manner as other representatives, but at times only members of these minority groups are entitled to vote for their candidates.[2] Some countries with clearly defined ethnic or religious groups have taken minority representation and reserved seats to their logical extreme: all or almost all seats in the legislature are reserved for specific groups, and only members of a group can vote for the representatives of their group. Each ethnic or religious group has a separate voter’s roll. This system has in some cases been used to try to deal with post-conflict situations. However, in the long run, systems of communal representation tend to undermine the path of accommodation between the different groups, given that there are no incentives for political intermixing between communities. The system also runs the risk of cementing a constituency situation resulting from ethnic cleansing.[1] See: IILHR Comparative Review of Minority Representation in Electoral Legislation (Institute for International Law and Human Rights, 2009): http://lawandhumanrights.org/documents/compreviewminorityrepinelectoralleg.pdf
[2] See: Guidelines to Assist National Minority Participation in the Electoral Process. Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Aleje Ujazdowskie 19 00-557 Warsaw Poland
www.osce.org/odihr © OSCE/ODIHR 2001, Reprint 2003. See also: Draft Joint Opinion on the Act on the Elections of Members of Parliament of Hungary. European Commission for Democracy Through Law (Venice Commission) and OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR), Opinion No. 662/June 2012. http://www.venice.coe.int/webforms/documents/?pdf=CDL(2012)033-e
