Intervention by Asbjørn Eide at the Fifth Session of the Forum on Minority Issues
Asbjørn Eide is a former chairman, UN Working Group on minorities
In this presentation I will focus on three issues:
First, some words about the origin, context and process underlying the adoption of the Declaration
and the commentary. Next, I will briefly mention the main points that were highlighted in the
Commentary. Finally, I will focus on the priorities that I consider most important at the present stage
in history.
We all agree that the foundation of contemporary human rights was laid by the adoption of the
Universal Declaration of Human Rights in 1948. I consider the UDHR to be the greatest step taken in
the advancement of global civilization. The rights listed in the UDHR were the product of three
hundred years of reflection on the ideal content of the social contract. Civil rights had been the
product of the 18th century, political rights the product of the 19th century, and economic and social
rights the product of the 20th century.
The UDHR is based on the notion that everyone is born free and equal in dignity and rights, and that
there shall be no discrimination in the enjoyment of these rights on grounds of race, colour, gender,
national or social origin or any other grounds.
But there was one weakness in the UDHR – it did not address the rights of persons belonging to
minorities. This was not simply an oversight, because it had been extensively discussed during the
preparation of the UDHR. In an appendix to resolution 217 A(III) by which the General Assembly
adopted in 1948 the UDHR, it was stated that while the General Assembly could not remain
indifferent to the fate of minorities, it had been found to be difficult to find a uniform solution for
this complex and delicate question, which has special aspects in each State in which it arises. While
the General Assembly therefore decided not to include in the UDHR any specific provisions on
minorities, it requested the Commission on Human Rights its Sub-Commission on Prevention of
Discrimination and Protection of Minorities to make a thorough study of the problem of minorities,
in order that the United Nations may be able to take effective measures for the protection of racial,
religious or linguistic minorities.
That was in 1948. Not much happened until 1966 when it was decided to include in the Covenant on
Civil and Political Rights its Article 27, stating that in states where ethnic, religious or linguistic
minorities existed they should not be denied the right, in community with the other members of the
group, to enjoy their own culture, to profess and practice their own religion, or use their own
language.
As you can see it was a rather weak provision. Many considered it insufficient, and drafts were
presented for a more comprehensive regulation of minority protection, but it was left lingering in a
working group of the Commission on Human Rights.
Thirty years ago I was elected a member of the above-mentioned Sub-Commission. As you can see
from the name, it had two tasks: To prevent discrimination and to protect minorities. I was always
fascinated with the need to find the adequate balancing of those two concerns: Prevention of
discrimination requires equal treatment, while protection of minorities requires respect for the right