ERRC Lawsuit: Czech Wall
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Date: Mon, 15 Nov 1999 08:36:57 +0200 (EET)
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Subject: ERRC Lawsuit: Czech Wall
From: MINELRES moderator <[email protected]>
Original sender: European Roma Rights Center <[email protected]>
ERRC Lawsuit: Czech Wall
European Roma Rights Center Press Release
November 12, 1999
Lawsuit filed by Czech counsel and ERRC Against Usti Wall
On November 12, 1999, a Czech lawyer, in conjunction with the European
Roma Rights Center, launched a civil suit on behalf of a Romani
resident of Maticni Street against the local government of Usti nad
Labem for having constructed the notorious wall separating the Roma
community from their non-Romani neighbours. The Plaintiff claims
that her right to human dignity has been breached pursuant to Article
11 of the Civil Code. She requests a written apology, a declaration of
breach of Article 11, a declaration of breach of international legal
norms relating to race discrimination/segregation, an order for
demolition of the wall and damages.
The wall segregating Roma from non-Roma stands in violation of
international and Czech domestic law, effectively contravening
prohibitions on racial discrimination, racial segregation and
degrading treatment set down in the European Convention of Human
Rights, the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of All Forms of Racial
Discrimination, as well as the Czech Charter of Fundamental Rights and
Freedoms.
****
On Wednesday October 13, Municipal authorities in the northern Czech
city of Usti nad Labem went ahead with the planned construction of a
two-metre high wall which separates the predominately Roma community
from non-Romani residents. According to articles appearing in the
Czech press, inhabitants of the buildings on Maticni Street were
awoken at approximately four in the morning when builders arrived and
began constructing the wall under an approximately
eighty-person-strong police guard. Construction was completed by
evening.
Over the approximately one and a half years which have passed since
city officials first announced plans to build a wall to separate Roma
and non-Roma on Maticni Street in Usti nad Labem in May 1998, the
international community has repeatedly indicated that such segregation
stands in violation of international law, and has called upon the
Czech government to annul the resolution. In March 1999, during
consideration of the question under its early warning procedure,
members of the United Nations Committee on the Elimination of Racial
Discrimination voiced concern that the Government was not doing enough
to prohibit an unlawful act of racial segregation. Ion Diaconu, the
Committee expert serving as country rapporteur on the situation in the
Czech Republic, criticized the Government for having decided to take
legal measures only if and when the local authorities started actually
to build the fence: "The Government should have declared the decision
to build the fence illegal and should have requested its annulation."
More recently, according to an article appearing in the Czech weekly
"Respekt", European Union Envoy to the Czech Republic Ramiro Cibrian
stated that should the wall be constructed, the Czech Republic could
not be considered for EU membership. In a statement issued on October
7, 1999, the European Roma Rights Center (ERRC) called on Czech
authorities to halt municipal plans for construction of a wall which
would cordon off a Roma "ghetto" in Usti nad Labem. The ERRC had made
a similar appeal in May 1999.
In response to the actions of the Usti nad Labem municipality, Prime
Minister Milos Zeman reportedly stated on October 7, "The wall in Usti
divides the Czech Republic from the European Union." However, other
high ranking Czech officials have downplayed the importance of the
wall and, most importantly, although legally empowered to do so, Czech
authorities failed entirely to act to prevent construction; Czech
parliament finally annulled the original resolution by the Usti nad
Labem town council in the afternoon of October 13, during or shortly
after the wall was built.
The town council has claimed, however, that they are not obliged to
follow such a resolution, and have filed a suit with the Czech
constitutional court against the government, claiming that the
government has no jurisdiction to interfere in municipal affairs.
Under international law, however, municipalities are state organs for
which the government is responsible.
*****************
The European Roma Rights Center 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 Center, visit the ERRC on the web at
http://errc.org.
European Roma Rights Center
H-1525 Budapest 114
PO Box 10/24
Hungary
Telephone: (36 1) 42 82 351
Fax: (36 1) 42 82 356
*****************
SUPPORT THE ERRC!
The European Roma Rights Center is dependent upon the generosity of
individual donors for its continued existence. If you believe the ERRC
performs a service valuable to the public, please join in enabling its
future with a contribution. Gifts of all sizes are welcome; bank
tranfers are preferred. Please send your contribution to:
European Roma Rights Center
Budapest Bank Rt.
99P00402686
1054 Budapest
Bathory utca 1
Hungary
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