Attachments: ERRC Czech Republic Report for UN Committee on Racial Discrimination 70th Session.doc
 
 
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European Roma Rights Centre                                            Vzájemné Soužití

Naphegy ter 8                                                                                       30. dubna 3

1016 Budapest                                                                                                      70200 Moravská Ostrava

Hungary                                                                                                                                Czech Republic

______________________________________________________________________________

 

12 December 2006

 

 

 

WRITTEN COMMENTS

OF THE EUROPEAN ROMA RIGHTS CENTRE

AND VZÁJEMNÉ SOUŽITÍ

 

CONCERNING THE CZECH REPUBLIC

 

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 Czech Republic for consideration by the Committee on the Elimination of Racial Discrimination (“the Committee”) at its 70th session.

 

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 Europe.  The ERRC has undertaken extensive research, policy, law and training work in the Czech Republic due to the very serious issues Roma face there. ERRC publications about the Czech Republic, as well as additional information about the organisation, are available on the Internet at http://www.errc.org.

 

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 Ostrava since 1997. Through community work, Life Together aims to improve the social and living conditions of poor families in need. The association’s activities are concentrated on the areas of humanitarian, educational, social and legal counselling, and the issues of housing, employment conflict resolution and human rights. Since its founding, Vzájemné Soužití has worked regularly with the ERRC on issues including pressing for school desegregation, securing justice for victims of coercive sterilisation, and end housing rights abuses of Roma in the Czech Republic. For further information on Vzájemné Soužití, please see www.vzajemnesouziti.cz

 

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 Czech Republic are regularly subjected to discrimination in almost all aspects of their lives.

 

As to Article 3 of the Convention, the submitting organisations are concerned that the government of the Czech Republic has failed to prevent, prohibit, and eradicate the racial segregation of Roma.  This is especially evident in the field of education, where officials consistently deny equal access to Romani children, placing them in alarming numbers in segregated, substandard schools and classes.  In addition to the inherent harms flowing from this practice, the racial segregation of Romani children in the Czech school system virtually ensures that Roma will remain, for the foreseeable future, a systemically excluded underclass.  Additionally, a growing number of Roma live in socially excluded locations characterised by substandard conditions on the edges of towns, segregated from the rest of the population. Recent acts by a number of local officials in the Czech Republic have worsened this situation in a number of municipalities, and no acts of the national government have been effective in countering racially segregating forces in the field of housing.

 

As to Article 4, anti-Romani hate speech is a regular part of public discourse in the Czech Republic. Anti-Romani statements are a standard and often unquestioned part of public life in the Czech Republic, and officials as high-ranking as the Prime Minister and President, and also including local officials, have made in anti-Romani statements or otherwise undertaken speech acts denigrating the dignity of Roma. Individuals are rarely if ever held accountable in cases in which anti-Romani statements are at issue.

 

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 Czech Republic face of relevance to the Convention or its provisions. The sole ambition of this submission is to present the results of ERRC research in several areas of relevance to the Convention, with the aim of complementing the information provided in the Czech government's report to the Committee. Following a general introduction, the present submission presents ERRC and Vzájemné Soužití concerns in the following areas:

 

A.              General Introduction: Racism in the Czech Republic

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 Czech Republic’s compliance with the ICERD.



[1] CERD/C/CZE/7





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