[WCAR] The UN Committee on the Elimination of Racial Discrimination Urges the Czech Republic to Give Effect to its Commitments to End Racial Discrimination

Budapest, Ostrava, March 20, 2007: The European Roma Rights Centre (ERRC)
and Life Together (Vzajemne Souziti) welcome the Concluding Observations
of the Committee on the Elimination of Racial Discrimination (CERD) on the
Czech Republic’s compliance with the International Convention on the
Elimination of All Forms of Racial Discrimination (ICERD). The Concluding
Observations followed the review of the Czech Republic’s sixth and
seventh periodic reports under ICERD, held on March 1-2, 2007. In the
run-up to the Committee's review, the ERRC and Life Together provided the
Committee with detailed information about patterns of discrimination
against Roma in the Czech Republic.

In its Concluding Observations, the CERD reiterated concerns with respect
to the implementation of Czech government’s commitments under the
Convention on the Elimination of All Forms of Racial Discrimination. The
Committee noted, among others, that the Czech government has not adopted a
general anti-discrimination law to guarantee the right to equal treatment
and protection against discrimination; that confusion of hate crime,
genocide and class struggle in the Czech criminal legislation "weakens the
objective of fighting racial discirmination"; and that "action taken by
the public authorities to prevent and prosecute the organization of, and
participation in, neo-Nazi concerts is neither systematic nor sufficient".

The Committee expressed particular concern about the situation of Roma in
a number of areas:

Coercive sterilisation: The Committee noted that "women, a high
proportion of whom being Roma women, have been subjected to coerced
sterilization" and that "sterilisations without the prior informed
consent of women are reported to have been carried out as late as
2004". The Committee expressed concern at "the lack of sufficient and
prompt action of the Czech authorities to impede illegal performance
of coercive sterilisations after 1991 and to establish
responsibilities and provide reparation to the victims of coercive
sterilisations". 

Segregation in Housing: The Committee reiterated its concern about
information according to which Roma people are particularly
vulnerable to evictions and segregation in housing. While noting the
interest of the State to support the construction of subsidised flats
by municipalities, the Committee expressed concern that "the autonomy
of municipalities under domestic law is described by the State as an
obstacle to the fulfilment of its obligation to ensure the enjoyment
of the right to housing by all without discrimination, in particular
at the local level." 

Segregation in Education: The Committee expressed concern that Roma
children suffer from racial segregation in the field of education. It
stated that "special measures for the advancement of certain groups
are legitimate provided that they do not lead, in purpose or in
practice, to the segregation of communities". 

Institutional care: The Committee expressed deep concern that a
"disproportionately large number of Roma children are being removed
from their families and placed in State institutions or foster care".

Furthermore, the Committee expressed concern with regard to
ill-treatment of Roma, and especially children, by police officers;
discrimination of Roma in employment; as well as prevailing negative
sentiments with respect to Roma. 

The CERD provided detailed recommendations for legislative and policy
measures to be undertaken by the Czech authorities to give effect to
the protection against discrimination and the principle of equal
treatment, especially with respect to Roma. In particular, the
Committee urged the Czech State: 

"...to adopt legislation providing for the prohibition of
discrimination based on colour, race, descent, national or ethnic
origin, as defined in article 1 of the Convention, as a general
principle applicable in the political, economic, social and cultural
spheres or any other field of public life"; 

"...to ensure that a specific institution be mandated to promote
and monitor the right to equal treatment, to assist in bringing
[...] claims including through legal aid, and to receive
complaints of racial discrimination in both the public and the
private sectors"; 

"...to ensure that allegations of police ill-treatment and
misconduct towards persons belonging to minority groups, in
particular the Roma, are promptly and impartially investigated and
prosecuted"; 

"...to ensure the rapid establishment of a new system or body
independent of the police and the Ministry of Interior"; 

"...to ensure that hate speech against the Roma, by public
officials or other persons, does not enjoy impunity"; 

"...to take strong action, without further delay, to acknowledge
the harm done to the victims , whether
committed before or after 1991, and recognize the particular
situation of Roma women in this regard" and "to take all necessary
steps to facilitate victims’ access to justice and reparation,
including through the establishment of criminal responsibilities and
the creation of a fund to assist victims in bringing their claims"; 

"...to adopt more effective strategies to promote the employment
of Roma in the public administration and institutions, as well as in
private companies, and to ensure that they are not discriminated
against in the enjoyment of their right to work"; 

"..to ensure that domestic legislation clearly prohibits racial
discrimination in the enjoyment of the right to housing, and protects
vulnerable persons, including Roma, from evictions... and that
such legislation should include measures providing the greatest
possible security for tenants and strictly enumerate the
circumstances under which evictions may be carried out"; 

"...to assess the situation of the Roma in the field of
education" and "to develop effective programmes specifically aimed at
putting an end to the segregation of Roma in this area, and ensure
that Roma children are not deprived of their right to family life and
to education of any type or any level"; 

"...to review the methodological tools used to determine the
cases in which children are to be enrolled in special schools so as
to avoid indirect discrimination against Roma children on the basis
of their cultural identity". 

The full report by the CERD can be viewed on the Internet at:
http://www.ohchr.org/english/bodies/cerd/docs/CERD.C.CZE.CO.7.pdf 

The full text of the ERRC/Life Together submission is available on
the ERRC's website in English: http://www.errc.org/cikk.php?cikk=2129

 

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The European Roma Rights Centre is an international public interest law
organisation which monitors the rights of Roma and provides legal defence
in cases of human rights abuse. For more information about the European
Roma Rights Centre, visit the ERRC on the web at http://www.errc.org






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