Intervention during the Plenary, on the legal framework
by Asbjørn Eide
Former Di rector of the Norwegi a n Centre for Huma n Ri ghts , former cha i r of the Uni ted
Na ti ons Worki ng Group on Mi nori ti es a nd former Pres i dent of the Advi s ory Counci l of the
Fra mework Conventi on on the Ri ghts of Na ti ona l Mi nori ti es .
I greatly appreciate that the present 8th session of the Minority Forum prioritizes
positive and effective practice for protecting and promoting the rights of persons
belonging to minorities in the various stages in the administration of the criminal
justice process, including in law enforcement operation, the judiciary and the
legal profession. This contributes to a general sense of trust prevailing between
the different parts of the national society, so that also the minorities generally
feel respected and protected by the agencies of the state. Without a general
climate of trust in society it will be very difficult and costly to try to protect human
rights.
Persons belonging to minorities shall be equally protected by law when they are
attacked or harmed by others, and their human rights shall also be equally
respected in the application of law, including in the administration of justice.
This is the dual requirement of the rule of law: Equal protection against harms by
others, and equal respect of their rights when subject to law enforcement. To
maintain the rule of law it is essential that not only the law itself, but also its
enforcement is seen to be legitimate by all sections of society, including the
minorities.
Many (but not all) minorities are severely marginalised, whether on racial, ethnic,
social, religious or linguistic grounds. All too often poverty is more widespread
among marginalised minorities, particularly when the government is not
responsive to their needs and their situation. They are more frequently attacked
with impunity, and are more frequently suspected of committing crimes. We
know from criminology that allegations of or detection of crime is more
widespread within the poorest and most marginalised sections of the population,
partly because their opportunities are blocked due to discrimination.
The report presented to us this year by the Special Rapporteur (A/70/212)
provides in its section B (paras 10-17) a comprehensive overview of the existing
international legal framework. There is no reason for me to repeat what is