motivated by bias against sexual minorities and questions on the existence of policies that mandate training for police officers on the identification and investigation of hate crimes.

The data collected from the surveys were then cross-referenced with public legal databases from international organizations and local human rights nongovernmental organizations. When the answers to the surveys were unclear, the experts were contacted again for clarification and the data verified through desk-top research. The findings were subsequently codified and submitted to experts within and outside the World Bank Group for peer review.

Disagreement often arises about which groups constitute a minority in a country. To control for different interpretations and to guarantee uniformity in the data collection, the experts who completed the surveys were given a predetermined list of ethnic and religious minorities in each of the pilot countries drawn from internationally recognized studies of minorities, including work by the International Labour Organization,<sup>21</sup> United Nations Committee on the Elimination of Racial Discrimination,<sup>22</sup> United Nations Office of the High Commissioner for Human Rights (UNOHCHR 2010, 2014),<sup>23</sup> United Nations Universal Periodic Review Process,<sup>24</sup> Minority Rights Group International,<sup>25</sup> and the European Union Agency for Fundamental Rights.<sup>26</sup> Equality of opportunities for minorities in society depends on the interplay of a variety of factors. This paper focuses on only one of those factors: the formal legal and regulatory environment ( _de jure_ ) for six indicators; it does not cover the practice or implementation of the law ( _de facto_ ) more than tangentially through the identification of policies and other enforcement mechanisms seen as proxies of implementation. Also, not everything of importance is covered. For example, although access to institutions includes laws covering quotas in parliament, it does not include political party laws—an important factor in determining minority representation in political parties. The indicator for access to education covers only public—not private—education. The indicator for protection from hate speech and hate crimes does not include the crime of genocide. Although genocide may be regarded as a crime inherently motivated by hate or bias, it is not included in the study because the study concerns only individually motivated crimes, not mass atrocities that constitute international crimes.

Also, the study focuses on laws governing the formal economy. Although many people belonging to ethnic, religious, and sexual minorities work in the informal economy, one of the main goals of the study is to define features of the formal economy that prevent those individuals from making the transition from the informal to the formal economy.

The study does not include immigrants and migrant workers unless they have been living in the country long enough to justify, on the basis international standards, the right to citizenship.<sup>27</sup> The contribution of migrant workers to the economy of the host country is undeniable. Their labor and residency rights should thus be respected. Also undeniable is the widespread discrimination suffered by those minorities. Because the primary responsibility of governments is to provide safe and equal economic environments to their citizens, however, the authors defer to the many existing studies on the cost of exclusion of migrant workers (see, for example, OECD 2014; World Bank 2010b).

> 21 Even if ILO Convention 169 does not define _indigenous_ or _tribal peoples_ , it is the only international treaty that deals with the rights of those peoples. See http://www.ilo.org/global/topics/equality-and-discrimination/indigenous-and-tribal-peoples/lang--en/.

> 22 For example, see General Recommendation XXVII on Discrimination against Roma, 57th session (2000), and General Recommendation XXIII on the Rights of Indigenous Peoples, 51st session (1997); both are available on the United Nations Treaty Body Database, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=6&DocTypeID=11.

> 23 See UNOHCHR, “Combating Discrimination against Minorities”, <u>http://www.ohchr.org/EN/Issues/Discrimination/Pages/ discrimination_minorities.aspx.</u>

> 24 See UNOHCHR, “Universal Periodic Review” website, http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx.

> 25 Minority Rights Group International provides a nonexhaustive list of minorities in many countries on its website, http://minorityrights.org/.

> 26 See “EU-MIDIS: European Union Minorities and Discrimination Survey,” http://fra.europa.eu/en/project/2011/eu-midiseuropean-union-minorities-and-discrimination-survey.

> 27 On average, migrant workers around the world have to be legally employed and reside in the host country for 10 years before becoming eligible to apply for citizenship. Thus, the project sets 10 years as the length of time after which migrant workers should be covered by the study.

Anti-Discrimination Law and Shared Prosperity 11