TNAG-2321-FCO40-3365-Human-rights-in-Hong-Kong-1991 — Page 196

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CSCE/SEDIO.3

the judiciary, and the creation of a well-trained and independent body of judges, was particularly important in those participating States emerging from a totalitarian past. Appointment procedures, remuneration and security of office were characterized as important factors.

In the context of constitutional reform, reference was made to the utility of vertical decentralization and division of the

functions of government on a federal, regional and local basis for

a wide range of purposes. Numerous forms were available to take account of historical, regional, linguistic or ethnic distinctions. Administrative decentralization, development of

governmental functions on a regional basis, and reinforcement and

reform of local government institutions might in varying ways respond to the needs of groups, including national minorities.

Attention was drawn to the difficulties that arise when

coalition governments change frequently, due to a fragmented parliament. One way of avoiding instability was to admit no- confidence votes only when the parties behind such a vote are in a

position to offer an alternative government.

Experts discussed the relationship between the organization of elections and of political parties, and the functioning of

democratic institutions. They saw a dilemma between an ideal of representation of parties in Parliament directly on the basis of voting figures, and the need for stable and effective government.

Proportional election systems were well suited to ensure mathematically correct representation of the electorate. At the same time such systems entailed the possibility of a proliferation of political parties and ensuing difficulties in establishing parliamentary majorities. This in turn might lead to weak and unstable governments. The introduction of thresholds and the adjustment of mathematical methods applied in determining representation could help alleviate this problem. Electoral systems based on single-seat constituencies were seen as more likely to produce stable parliamentary majorities, but at the risk of leaving segments of the population unrepresented.