policing reflects wider societal problems. The existing legal frameworks provide only a
superficial protection against discrimination. It is important to look at the way laws are
interpreted, the types of laws or penalties chosen for implementation, which offenses
attract criminal penalties and which do not. She emphasized how law applied unequally
unfairly impact minorities. Using the example of racial profiling and statistics on
excessive use of force against minorities, she warned against broad application of antiterrorism laws, which have disproportionately impacted minorities. She expressed
concern that the principle of proportionality and the preservation of the right to life were
typically ignored in policing. She called attention to disenfranchisement, loss of
livelihoods and loss of voting rights which often followed convictions, with devastating
consequence on minority communities.
Mr Régis de Gouttes, Premier Avocat Général honoraire à la Cour de Cassation
(France) and former member of the UN Committee on the Elimination of Racial
Discrimination (CERD), presented CERD General Recommendation 31 adopted in
2005, which provides guidance on the prevention of racial discrimination in the
administration of criminal justice. He noted that the scope of this recommendation was
not solely limited to racial discrimination but should be extended to all forms of
discrimination that arise in the criminal justice system. General Recommendation 31
presents steps to be taken to better gauge the existence and extent of racial discrimination
in the administration and functioning of the criminal justice system, notably through the
use of factual and legislative indicators and accompanying strategies. The
Recommendation identifies steps to be taken to prevent racial discrimination with regard
to victims of racism who seek justice, and to prevent racial discrimination with regard to
accused persons who are subject to judicial proceedings.
Ms Gay McDougall, Member-elect of the Committee on the Elimination of Racial
Discrimination and former Independent Expert on minority issues, presented the
fundamental right to non-discrimination and equal treatment as a peremptory norm of the
highest order in the international human rights legal architecture. She highlighted
CERD’s work to acknowledge, monitor and seek redress for situations of racial
inequality. She regretted that in some deeply divided multi-racial societies, the system
meant to administer justice is being instead used to address the fall-out when national
policies fail to fully integrate all sectors of the populations into the full economic,
education and social benefits of the nation. She gave the example of the failure of
education systems, social support and national economies, which have relied on prisons
to compensate for failures in other sectors. She encouraged the Forum to discuss
safeguards and approaches to prevent scenarios of violence and imprisonment.
Mr Asbjørn Eide, Senior Fellow of the Norwegian Center for Human Rights and
former Chairman of the UN Working Group on Minorities, welcomed the focus of
discussion for this year’s Forum on Minority Issues. He stressed the dual requirement of
the rule of law: equal protection against harms by others, and equal respect of rights when
subject to law enforcement. It is essential that both the law itself and its enforcement are
seen as legitimate by all sections of society. He welcomed the comprehensive overview
of the existing legal framework included in the report of the Special Rapporteur on
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