MINELRES: ERRC Welcomes UN Human Rights Committee Findings on Slovakia

[European Roma Rights Center]

August 7, 2003

The European Roma Rights Center (ERRC), an international public interest 
law organisation which monitors the situation of Roma in Europe and 
provides legal defence in cases of human rights abuse, welcomes the 
Concluding Observations of the United Nations Human Rights Committee on 
Slovakia's compliance with the International Covenant on Civil and 
Political Rights (ICCPR).

In its Concluding Observations released during its 78th Session, the 
Committee singles out the human rights situation of the Roma as generating 
much concern, particularly in areas of segregation in education, police 
brutality, sterilisation and racist attacks. In addition to making specific 
recommendations regarding each of these issues the Committee urged Slovakia 
to collect relevant and up to date data regarding all aspect of Roma life.
The Committee notes that Slovakia "should continue with further measures to 
ensure effectiveness of legislation against discrimination." It further 
urges the State party "to establish adequate monitoring and redress 
mechanisms which provide ready access to individuals, in particular 
vulnerable groups". The Committee expresses its concern about "the 
persistent allegations of police harassment and ill-treatment during police 
investigations, particularly of the Roma minority". It further recommends 
that Slovakia "should take measures to eradicate all forms of police 
harassment and ill-treatment during police investigations of the Roma, 
including prompt investigations, prosecutions of perpetrators and the 
provision of effective remedies to the victims".
Despite "the oral and written answers provided by the delegation", the 
Committee "remains concerned at reports of forced or coerced sterilisation 
of Roma women". In particular, "the Committee regrets that in its written 
answers submitted after the oral consideration of the report, the State 
party does not clearly deny or admit breaches of the principle of full and 
informed consent but asserts that an investigation related to maternity 
wards and gynecology departments of 12 hospitals did not result in findings 
of infringements of "medical indication" of sterilization". The Committee 
further notes that "the reference made, in the same submission, to "the 
fact that not all administrative acts were fulfilled in every case" appears 
to amount to an implicit admission of breaches of the requirement of 
informed consent".
The Committee recommends that the State party should "adopt all necessary 
measures to investigate all alleged cases of coerced or forced 
sterilization, publicize the findings, provide effective remedies to 
victims and prevent any instances of sterilization without full and 
informed consent".
Another area of concern for the Committee is "the threat by governmental 
authorities of criminal prosecution of the authors of the publication "Body 
and Soul" under article 199 of the Criminal Code, for "spreading false 
rumours". While having been assured by the delegation that "the Office of 
the Prosecutor General has dismissed the charges against the authors", the 
Committee "is nevertheless concerned at the impact of the case on the 
exercise of the right to freedom of opinion and expression, particularly by 
human rights defenders". The Committee recommends that the State party 
"should ensure that provisions of the criminal code are not used in such a 
way as to deter individuals from exercising their right to freedom of 
expression, and in particular for human rights defenders to carry out 
independent research and publish the results".
The Committee is further "concerned about discrimination against Roma". The 
Committee notes that the steps taken by the State party "to improve the 
socio-economic condition of Roma and to change attitudes of society 
vis-a-vis the Roma do not appear to be sufficient to address the situation, 
and de facto discrimination persists". The Committee recommends that 
Slovakia should "take all necessary measures to eliminate discrimination 
against the Roma, and to enhance the practical enjoyment of their rights 
under the Covenant. The State party should also make greater efforts to 
provide opportunities for Roma to use their language in official 
communications, to provide readily accessible social services, to provide 
training to Roma in order to equip them for employment, and to create job 
opportunities for them." The Committee would further like to "receive full 
details on policies adopted and their results in practice".
The Committee reiterates its concern about reports that "Roma are often 
victims of racist attacks, without receiving adequate protection from law 
enforcement officers". It further notes "continued reports of statements by 
prominent politicians reflecting discriminatory attitudes vis-a-vis the 
Roma". The Committee recommends that the State party "should take all 
necessary measures to combat racial violence and incitement, provide proper 
protection to Roma, and establish adequate mechanisms to receive complaints 
from victims and ensure adequate investigation and prosecution of cases of 
racial violence and incitement to racial hatred".
Despite some acknowledged positive developments, the Committee expresses 
concern at "the grossly disproportionate number of Roma children assigned 
to special schools designed for mentally disabled children, which causes a 
discriminatory effect [...]". The Committee notes that the State party 
should "take immediate and decisive steps to eradicate the segregation of 
Roma children in its educational system by ensuring that any 
differentiation within education is aimed at securing attendance in 
non-segregated schools and classes. The Committee further recommends that 
"[where needed], the State party should also provide special training to 
Roma children to secure, through positive measures, their access to 
education without segregation".
The Committee has further taken note of the position of the delegation as 
to "the reasons for the lack of statistical data with regard to the 
situation of Roma as well as women. However, the Committee "emphasises the 
importance of data to assess the situation in the State party and to 
address possible inequalities and patterns of discrimination.
Another area of concern for the Committee is "the large discrepancy between 
official census figures and data provided by NGOs as to the size of the 
Roma population in the State party". The Committee stresses that "such 
underreporting may have a significant impact on the position of Roma in 
public life, including the exercise of certain rights, for instance under 
the Minority Language Law".
The Committee further "urges the State party to take steps to gather, 
through methods compatible with principles of data protection, statistical 
data reflecting the current size of the Roma population, as well as the 
position of minorities and women in society, including in the workplace, 
both in the public and the private sector".
The Committee concludes by noting that the State party should "provide 
within one year relevant information on the implementation of the 
Committee's recommendations regarding police harassment and ill treatment 
during police investigations; forced or coerced sterilisation" and "results 
of policies adopted to eradicate discrimination and to combat racial 
violence and incitement".

The full text of the Human Rights Committees Concluding Observations is 
available at:
http://193.194.138.190.tbs/doc.nsf/(Symbol)/CCPR.CO.78.SVK.En?Opendocument

The ERRC submitted written comments to the Committee for consideration 
during its review of Slovakia's compliance with the ICCPR on July 11, and, 
on the day of the review, representatives of the ERRC held a briefing on 
Slovakia's Roma Rights record before Committee members in Geneva. The full 
text of the ERRC written submission to the Committee is available at:
http://errc.org/publications/legal/HRC-Slovakia_July_2003.doc

More information on the human rights situation of Roma in Slovakia is 
available at:
http://errc.org/publications/indices/slovakia.shtml

_____________________________________________

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://www.errc.org.

European Roma Rights Center
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Phone: +36 1 4132200
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