mechanism to focus exclusively on Minority Rights. In 2007 the Working Group was
replaced by the Forum on Minority Issues, established by the Human Rights Council
through its resolution 6/15. The Forum aims at providing an enhanced platform for
promoting dialogue and cooperation among all stakeholders from within and outside
the UN system on issues pertaining to persons belonging to national or ethnic, religious
and linguistic minorities.
Over the past twenty years there have been notable achievements regarding the
promotion and protection of the rights of minorities. Nevertheless, deficits remain,
including in the field of criminal justice. In too many instances it is clear that while
criminal laws may on their face prohibit discrimination, in practice, these laws are often
applied differently for certain minorities, compared to dominant groups. In particular,
many aspects of the administration of criminal justice allow for a wide discretion. And it
is in the exercise of this discretion that discrimination against racial, ethnic, religious or
linguistic minorities may lurk. The impact of this can be severe, resulting in higher rates
of arrest, pre-trial detention, higher rates of criminal conviction, and imposition of longer
sentences for minorities, but to name a few of the concerns.
The Human Rights Council and subsidiary mechanisms remain committed to
combating discrimination against minorities wherever it exists and to promoting
equality for all and in all fields of life, particularly for those most marginalized. Therefore,
as President of the Human Rights Council I welcome the attention of this Forum given to
the important but complex issue of discrimination against minorities in the
administration of criminal justice.
In this respect, let me also commend
the work of all Special Procedures
mandate–holders, including the Special Rapporteur on minority issues, for addressing
specific minority concerns in their substantive reports, including through tackling the
issues of unlawful stop and search on the basis of minority identity, or discrimination
against minorities during arrest, detention, prosecution, conviction or imprisonment,
and for providing the Human Rights Council with concrete recommendations on how to
prevent and address such cases.