UNITED NATIONS Press Release 10 August 2004 The Committee on the Elimination of Racial Discrimination has considered the report of Slovakia on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination. Presenting the report was Kálmán Petőcz, Permanent Representative of Slovakia to the United Nations Office at Geneva, who noted that one of the most important steps taken by his Government was the adoption of the anti-discrimination law which entered into force on 1 July 2004 and which took into account the European Union Council directives related to human rights and which was in compliance with the Convention. Mr. Petőcz added that as an effort to address the issues concerning Roma communities, a Government plenipotentiary for tackling problems of the Roma minority was created in February 2002. In the course of the discussion, which was held over two meetings, issues concerning Roma minorities, national minority languages, education, unemployment, women's issues, Hungarian minorities and measures taken by the police to combat racially-motivated crimes were raised among other subjects. In preliminary remarks, the country Rapporteur for the report, Committee Expert Linos-Alexandre Siclianos, said the Government's clear desire to make progress in line with the Convention was characterized by the inventiveness, adaptability and determination illustrated by the delegation. Among other things, the Rapporteur welcomed the effectiveness of the measures taken by the State party with regard to the improved attitude of the Slovak Police towards racially-motivated crimes and its anti-discrimination law, which was a decisive step in the right direction. The Committee will present its final conclusions and recommendations on the fourth and fifth periodic reports of Slovakia, which were presented in one document, at the end of its session, which concludes on 20 August. The delegation of Slovakia also included representatives of the Government Plenipotentiary on Roma, the Ministries of Justice, Foreign Affairs and the Interior and the Permanent Mission of Slovakia to the United Nations Office at Geneva. When the Committee reconvenes at 3 p.m. this afternoon, it will begin its consideration of the report of Argentina (CERD/C/476/Add.2). REPORT OF SLOVAKIA The fourth and fifth periodic reports of Slovakia, presented in one document CERD/C/419/Add.2, mention that in its general policy declaration of October 2002, the Government committed itself to guaranteeing the freedom of the citizen and development of human rights at all levels, and to combat all forms of intolerance. In the context of 2001 being declared the International Year of Mobilization against Racism, Racial Discrimination, Xenophobia and Related Intolerance, a national conference against racism, xenophobia, anti-Semitism and discrimination was held in Bratislava in May 2000 under the auspices of the President of the Slovak Republic. The report mentions that in 1998, the Government created the post of Deputy Prime Minister for Human Rights, Minorities and Regional Development. It also established the post of Government Plenipotentiary for Roma Minority Affairs in February 1999 and the Slovak National Centre for Human Rights in 1993. The most serious case of a crime of a racial character concerned the attack against a Roma family by "skinheads" which resulted in the death of the mother. The perpetrators were handed down prison sentences ranging from three to seven years. Another crime involving the publication and distribution of Adolph Hitler's book Mein Kampf in 2000 was of concern. Moreover, several criminal proceedings have been initiated for the same offences of propagating neo-Nazi and racist ideas through the publication and distribution of songs having a similar content. According to estimates, the report states, the actual number of citizens of Roma origin is between 360,000 and 420,000 of whom some 130,000 live in 620 Roma settlements. These settlements are characterized by a high level of unemployment, low educational standards, a high birth rate, minimal hygiene and serious exclusion from mainstream society. Roma have the same status of other minorities residing in Slovakia. Moreover, during the period between 1999 and 2001, the unemployment rate of Roma was extremely high and in many Roma settlements it stood at 100 per cent. Also noted in the report is the considerable increase in the number of recorded racially motivated crimes against nationality crimes motivated by intolerance largely due to the fact that the Slovak police had gone on the offensive against such crimes. PRESENTATION OF REPORT KÁLMÁN PETŐCZ, Permanent Representative of Slovakia to the United Nations Office at Geneva, referred to Slovakia's accession to the European Union this year as an important event which ushered in a new era for implementing standards governing political, economic and social relations. In the process leading up to Slovakia's accession to the European Union, it had duly amended its Constitution which provided for the continued application of international human rights instruments in force. Other major achievements during the reporting period included Slovakia's membership to the North Atlantic Treaty Organization and the Organization for Economic Cooperation and Development. One of the most important steps taken by the Government was the adoption of the anti-discrimination law which entered into force on 1 July 2004. The law took into account the important European Union Council directives related to human rights and was in compliance with the International Convention on the Elimination of all Forms of Racial Discrimination and had the purpose of providing protection against all forms of discrimination, which guaranteed the victims the right to seek adequate and effective judicial protection, including compensation and non-pecuniary damages. Mr. Petőcz noted that as an effort to address the issues concerning Roma communities, a Government plenipotentiary for tackling problems of the Roma minority had been created. This mechanism had since been strengthened since it was established in February 2002. Moreover, a number of measures had been taken in terms of improving the living conditions and access to the rights of the Roma, the head of delegation noted. Several concrete strategies and programmes had been implemented to address the situation of the Roma in many sectors, including health, education and employment. The head of delegation referred to the Government's Action Plan with a view to promote tolerance in society and preventing all forms of discrimination through various individual sectors, non-governmental organizations and other sectors. Among its key activities was regular training for members of professional groups that had an impact on the prevention of all forms of discrimination, racism, xenophobia, anti-Semitism and other expressions of intolerance. DISCUSSION LINOS-ALEXANDRE SICLIANOS, the Committee Expert serving as country Rapporteur, commended the delegation for the regular submission of reports by the State party in a timely manner which gave a clear insight on the situation in the country. Several sources, including concluding observations from a variety of international bodies and other United Nations human rights mechanisms, had been consulted prior to considering the report in question. The Rapporteur said the report addressed all the concerns of the Committee and commended that a non-governmental organization was consulted in drafting the report. Also welcomed was the Constitutional amendment which introduced a new standard for redress to victims of human rights violations. Mr. Siclianos noted that Slovakia had become a member of the European Union and had adhered to the report issued by the European Union on the compliance with human rights standards, and in particular on racial discrimination. Also praiseworthy was the anti-discrimination legislation adopted earlier this year by the State party. In this connection more information was sought for any information on a mechanism providing for sharing the burden of proof and the creation of a government body to combat racism in particular. In connection with the Government Council for National Minorities and Ethnic Groups Office, under the supervision of the Deputy Prime Minister for Human Rights, Minorities and Regional Development, the Rapporteur asked what was the difference between national minorities and ethnic groups. Among other things, Mr. Siclianos asked for further information on the Government plenipotentiary on the Roma; the Ombudsman's Office; and the Government's national plan of action on human rights. The Rapporteur highlighted the disparity with regard to the population of the Roma. In general, major problems persisted for these people. While welcoming the fact that a number of measures had been taken by the Government to address the needs of the Roma, the Rapporteur asked for more information on these disparities and what the Government was doing to tackle this problem further. He also suggested the setting up of a mechanism to investigate violations by members of the police forces against Roma. Mr. Siclianos raised a number of additional subjects pertaining to the Roma and asked for supplementary information on this. Among them: special schools for the Roma; access to health services; unemployment rates; and the rights of Roma women and social services afforded to them. The Rapporteur referred to allegations that many Roma women may have been sterilized without their consent and asked for more information in that regard. In particular, he asked whether any such cases had led to legal prosecution. Mr. Siclianos drew attention to the information conveyed in the report which indicated that the number of racially motivated crimes in Slovakia had increased during the reporting period and noted that it was mainly due to enhanced professionalism by the police and legal personnel. In this regard, the Rapporteur commended the Government of Slovakia for this professionalism. The Rapporteur asked for further clarification on a number of subjects including, the use of national minority languages; the status of foreigners in Slovakia; the new labour code; civil procedures and compensation to victims; and human rights training, especially for law enforcement personnel. Mr. Siclianos welcomed the amendment to the Criminal Code permitting prosecution of the propagation of information inciting hatred of a particular race, nation or ethnic group or their defamation via the Internet. In that regard, more information was sought. In response to a question, the delegation said that in general terms, the Slovak Government was one of the first countries to recognize the rights of the Roma and by no means considered them as an inferior ethnic group. Roma constituted one-third of the minorities in-country numbering some 350,000 persons. Moreover, national minorities were groups with distinct characteristics. When the Government recognized the Roma minority some ten years ago they did not have all the characteristics as other national minorities thus obliging the Government to provide more attention to this vulnerable group. A member of the delegation said not even after intensive Government efforts over the past ten years had the situation of the Roma improved significantly and many of the Roma still were living in highly adverse conditions. Another member of the delegation provided a general overview of the Government's policy in dealing with the Roma. The Government Plenipotentiary was set up in 1999 and had gone through several changes since then; the main task of the Plenipotentiary was to shape the Government's policy in dealing with the Roma population. Much thought had been given to the thought of integration, which was the way to provide more for people who lived in difficult circumstances and for them to fully enjoy their rights. The ultimate decision to integrate, however, lay with the person's will to do so, the delegation explained. In Slovakia, a relatively large group of Roma intellectuals had emerged in recent years as a result of them taking part in academic life due to Government efforts. Through cooperation with a number of NGOs these people were able to take part in the Government's implementation of its policy to benefit them. Concerning Roma settlements, the delegation noted that during the past two years the office of the Plenipotentiary had monitored the Government's policy in monitoring these settlements. Another Government strategy to develop the idea of positive discrimination measures had been employed to improve the lives of the Roma. A significant point made by the delegation was that not all the Roma in Slovakia lived in the same situation; for example a Roma child living in a settlement and one living in Bratislava had different opportunities; of the 350,000 estimated Roma living in Slovakia, some 160,000 were said to be living in these settlements. In general, Roma settlements in Slovakia were characterized as having very poor social conditions and lacking basic infrastructure; among other things, the vast majority of the inhabitants had a low level of education and there was a high unemployment rate, as high as 100 per cent. In response to these adverse conditions, the Government had adopted a programme for Roma settlements in 2002 to target these locations to improve the conditions therein especially in terms of health, education, women and children's rights. There were also social workers who were assigned to these settlements who, among other things, served as mediators between the Roma and Government authorities. Concerning the education of Roma children, the delegation affirmed that Roma children had their rights guaranteed by law. The Ministry of Education had instituted projects to accelerate the success of Roma pupils and to reintegrate Roma pupils coming from a weak social and educational background. With regard to secondary education, the Government had managed to open up three secondary schools focused on teaching the Roma history and language; the entrance examinations were open to all students and several non-Roma had expressed an interest in enrolling in these schools. As an additional measure, more than 400 assistant teachers in Roma schools had been assigned to these schools to support these education efforts. On the subject of health, the Ministry of Health had worked out a programme for health assistance to doctors in term of funding. In general, progress had been made in this sector since there had been a specific focus. In response to a follow-up question and to provide further clarification, the delegation said the unemployment rate among the Roma was especially high due to the low availability of jobs, low skill and education levels and existing discrimination in the labour market. As a result, several measures had been taken by the Government, namely a public awareness campaign in the labour market. Slovakia had also passed a new law on improving access to the labour market for disadvantaged job seekers and for priority to be given to Roma nationals. A national action plan for employment was also set up with the main objective of applying a comprehensive approach in dealing with the situation of the Roma overall, and particularly in labour issues. Several Committee Experts asked for further information about the increase in the number of racially-motivated cases, to which the delegation replied the highest increase was recorded in 2002; this was largely due to factors including the more active role played by the police who were better able to identify extremist groups and the increased participation of NGOs in identifying these groups and cases of racially-motivated crimes. Following the assault on the Roma family resulting in the death of the mother, police authorities started giving much more serious consideration to such crimes and a number of measures were taken including human rights training for police officials focusing on these types of crimes; enhanced cooperation with NGOs had resulted in the forming of the Committee on Racially-Motivated Violence, which was composed of representatives from the police and the Ministry of the Interior. A pamphlet was also drawn up to better assist those to identify racially motivated crimes and was distributed to all police offices throughout the country. These efforts had thus yielded an increase in the number of racially motivated cases. Concerning the distribution of Mein Kampf book, the sale of the book was prevented as a result of police efforts and most of the copies of the book were seized; the distributors and publishers were also prosecuted, however, since they were not Slovak nationals they were transferred to their respective countries. On the subject of alleged sterilization of Roma women, the delegation noted that these acts were not part of the Government's policy. When learning of these cases in a published report, the Government took immediate action and criminal proceedings were launched in response and a team of investigators was created. The investigation concluded that no acts of discrimination or genocide occurred. The delegation stressed that the Government had cooperated closely with international institutions as well as with United Nations bodies to further look into such practices and to determine any shortcomings. As a result there had been changes in sterilization services in hospitals and some medical staff had been recalled. Among other things, the Government approved an amended law on health care to incorporate the measures to allow the patient to access their medical files and for the non-discriminatory access to health care services. This directive also amended the Criminal Code to include as a crime any acts of sterilization. In response to a question on the Roma victims of the holocaust during World War II, the delegation said Roma victims were commemorated on 9 August each year and the survivors were largely assisted by the International Organization for Migration and the Government of Germany. Concerning Hungarian minorities, the delegation stated that this group constituted the largest minority group in Slovakia and consisted of 9.7 per cent of the population amounting to over 500,000 people. Several members of the Hungarian minority held high-level positions in pubic offices, yet there still existed problems for these groups. In response to these problems, the Government had established a joint commission on Slovak-Hungarian relations which had thus far met four times. Moreover, in January 2003 an agreement was signed between the Slovak and Hungarian Governments on mutual support in terms of education and culture, in particular; a Hungarian University was also established in Slovakia to provide higher education for Hungarian nationals in their own language. On the question pertaining to the Anti-discrimination Law, the delegation pointed out that the law was an illustration of the State's compliance with the European Union's directives on the subject. It also laid down the principle for equal treatment specified for healthcare education, housing, access to goods and allowed for equality for all. The law also ensured the provision of equal protection and the right for a victim of racial discrimination to seek compensation. On a question concerning the burden of proof, the delegation said according to the civil procedure all citizens benefited from equal treatment before the law. The anti-discrimination law, moreover, included specific equalizing measures to benefit disadvantaged persons based on race or ethnic origin. The Slovak National Centre for Human Rights also monitored the equal treatment of Slovak citizens and had conducted research to enable assistance and legal aid to the victims of discrimination. On a follow-up question, the delegation noted that the Government's Language Commission was set up within the Plenipotentiary to strengthen the Roma language. Among its activities was the publishing of a book on Roma grammar and the creation of a department within a University in Slovakia for Roma language and culture. Concerning a question asked by the Committee on cyber-crime, the delegation expressed Slovakia's intention to ratify the Convention on Cyber-Crime but at present its legislation was not in line with the Convention. The necessary steps were being taken at present to meet those requirements. In response to a question on acts of discrimination carried out by the police, the delegation noted that within the police force there was a unit to investigate all the cases of unlawful conduct by the police carried out against members of society including minorities. If such acts occurred the victim had the right to go to the relevant inspection section of the police to lodge any complaint. One case was referred to where a police officer who used brutal language when dealing with a member of a minority was dismissed after a complaint was registered by the victim. The Police Commission on Racial Violence also dealt with similar cases, which were mostly reported by non-governmental organizations. PRELIMINARY REMARKS LINOS-ALEXANDRE SICLIANOS, the Committee Expert serving as Country Rapporteur, thanked the delegation for the quality of the dialogue and for the quality of the make-up of the delegation who provided very precise and clear answers. Among the subjects to which clear information was provided was on the notion of national minorities, the Hungarian and Roma minorities, housing, education, labour, access to public places and the sensitive subject of sterilization. The Rapporteur added that the clear desire of the State party to progress was characterized by great inventiveness, adaptability and determination. Also welcomed was the effectiveness of the measures they had thus far taken with regard to implementing the Convention. He noted the improved attitude of the Slovak Police towards racially-motivated crimes, the sanctions against the police responsible for ill treatment, and the anti-discrimination law as a decisive step in the right direction which provided a broad concept of racial discrimination. ========= World Conference Against Racism (WCAR) listserv ========= Send mail intended for the list to <wcar@hrea.org>. Archives of the list can be found at: http://www.hrea.org/lists/wcar/markup/maillist.php To subscribe to the list, send a message to <majordomo@hrea.org>, with the following text in the message: subscribe wcar To unsubscribe from the list, send a message to <majordomo@hrea.org>, with the following text in the message: unsubscribe wcar If you have problems (un)subscribing, contact <owner-wcar@hrea.org>.
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