Naphegy ter 8
30. dubna 3
1016
______________________________________________________________________________
12
December 2006
WRITTEN
COMMENTS
OF THE EUROPEAN ROMA RIGHTS
CENTRE
AND VZÁJEMNÉ SOUŽITÍ
CONCERNING THE
FOR CONSIDERATION BY
THE
UNITED NATIONS COMMITTEE ON
THE ELIMINATION OF RACIAL DISCRIMINATION
AT ITS 70th
SESSION
Executive Summary
The European Roma Rights Centre (ERRC) and
the Ostrava-based civic organisation Vzájemné Soužití
respectfully submit written comments concerning the
The ERRC is an international public interest
law organisation engaging in a range of activities aimed at combating
anti-Romani racism and human rights abuse of Roma, in particular strategic
litigation, international advocacy, research and policy development, and
training of Romani activists. Since
its establishment in 1996, the ERRC has established a reputation as the leading
international non-governmental organisation engaged in human rights defence of
Roma in
The civic association Vzájemné Soužití (Life Together) is a
registered Roma-Czech non-governmental, non-profit organisation unaffiliated
with any political party which has been active in
The submitting organisations are aware of the
contents of the Czech government's sixth and seventh periodic reports to the
CERD,[1]
as well as other recent Czech government policy documents of relevance to Roma.
We welcome the fact of increasing attention by the Czech government to policy
matters as they relate to Roma. To date, however, measures adopted and
undertaken by the Czech government have been insufficient to ensure the
effective implementation of the Convention.
As to Article 2, the government has not
complied with its obligations to “prohibit and bring to an end, by all
appropriate means, including legislation […] racial discrimination.” The Czech
legislature has yet to adopt a comprehensive anti-discrimination law and most of
the sectoral fields of the ICERD Convention remain to date unprotected by any
form of actionable domestic law ban on racial discrimination. In practice, Roma
in the
As to Article 3 of the Convention, the
submitting organisations are concerned that the government of the
As to Article 4, anti-Romani hate speech is a
regular part of public discourse in the
As to Article 5, key sectoral fields covered
by the ICERD ban on discrimination are infused with systemic discrimination
against Roma. This submission notes a number of concerns in social and economic
sectoral fields including education, employment, housing, health care, social
assistance and child protection. Furthermore, authorities continue to fail to
provide Roma and human rights defenders with adequate protection against
racially motivated violence perpetrated by members and sympathisers of
nationalist-extremist movements and other vigilante groups. Finally, research by
independent human rights groups including the ERRC and Vzájemné Soužití has
revealed that Romani women have been subjected to coercive sterilisation in
Czech hospitals for decades and as recently as 2004.
As the substance of this submission
elaborates, the Convention's Article 6 guarantee that "States Parties shall
assure to everyone within their jurisdiction effective protection and remedies,
through the competent national tribunals and other State institutions, against
any acts of racial discrimination which violate his human rights and fundamental
freedoms contrary to this Convention, as well as the right to seek from such
tribunals just and adequate reparation or satisfaction for any damage suffered
as a result of such discrimination" currently rings hollow for Roma in the Czech
Republic. In the year 2006, there is near total impunity for racial
discrimination against Roma, as well as for those who would frustrate Roma in
their efforts to realise the Convention's substantive
provisions.
The present document does not aim to address
all issues Roma in the
A.
General Introduction: Racism in the
B.
Failure to Give Effect to the International Law Ban on Racial
Discrimination
C.
Coercive Sterilisation of Romani Women
D.
Racial Segregation in the Field of Housing, Including Pattern
and Practice of Forcible Eviction of
Roma
E.
Failure to Address Racial Segregation in
Education
F.
Exclusion from Employment
G.
Other Concerns: (1) The Continuing Effects of the 1993 Act on Citizenship
in Driving the Exclusion of Roma in the Czech Republic and (2) Systematically
Discriminatory Practice of Removing Romani Children from the Care of their
Biological Parents and Placing them in State Care
The submission concludes with some
rudimentary recommendations for the Czech government, intended to assist the
Committee in bringing concluding observations with respect to the