ACFC/INF/OP/II(2005)002
ADVISORY COMMITTEE ON THE
FRAMEWORK CONVENTION
FOR THE PROTECTION OF
NATIONAL MINORITIES
__________________
Second opinion on the Czech
Republic
adopted on
EXECUTIVE SUMMARY
Since the adoption of the Advisory Committee’s first
Opinion in April 2001 and of the Committee of Ministers’ Resolution in February
2002, the
Difficulties persist, however, in the implementation
of certain parts of the relevant legislation, notably at the local level. In
addition to the unsatisfactory involvement of local authorities, there are
reported difficulties with regard to the identification of the geographical
areas concerned by such measures, as well as shortcomings in terms of
participation of minority representatives. Further efforts should also be taken
to strengthen prevention of, and fight against, intolerance and discrimination.
The situation of the Roma, which continues to be a
matter of concern, requires more resolute action by the authorities. Priority
should be given in this action to the considerable difficulties faced by the
Roma in fields such as housing and employment, as well as to the educational
situation of Roma children, and to the allegations of sterilisation of Roma
women without their prior free and informed consent.
TABLE
OF CONTENTS
Application
of laws in practice
Tolerance
and intercultural dialogue
II. ARTICLE-BY-ARTICLE
FINDINGS
ARTICLE
3 OF THE FRAMEWORK CONVENTION
ARTICLE
4 OF THE FRAMEWORK CONVENTION
Legal
and institutional protection against discrimination
Application
of the principles of equal treatment and non-discrimination with respect to the
Roma
Allegations
concerning the sterilisation of Roma women without their prior free and
informed consent
ARTICLE
5 OF THE FRAMEWORK CONVENTION
Support
for the cultural activities of persons belonging to national minorities
Integration
of the Roma and affirmation of their identity
ARTICLE
6 OF THE FRAMEWORK CONVENTION
Tolerance
and intercultural dialogue
Fight
against discrimination, hostility or violence on ethnic or racial grounds
ARTICLE
9 OF THE FRAMEWORK CONVENTION
Access
of persons belonging to national minorities to the media
ARTICLE
10 OF THE FRAMEWORK CONVENTION..
The use
of minority languages in dealings with administrative authorities
The use
of minority languages in criminal proceedings
ARTICLE
11 OF THE FRAMEWORK CONVENTION..
Surnames
(patronyms) and first names in minority languages
Bilingual
signs and place-names
ARTICLE
12 OF THE FRAMEWORK CONVENTION..
Intercultural
dimension of education
Equal
access to education. The situation of the Roma.
ARTICLE
13 OF THE FRAMEWORK CONVENTION..
Private education for national minorities
ARTICLE 14 OF THE FRAMEWORK CONVENTION
Teaching of minority languages and instruction in these
languages
ARTICLE 15 OF THE FRAMEWORK CONVENTION
Participation
of persons belonging to national minorities in the decision-making process
ARTICLE
18 OF THE FRAMEWORK CONVENTION..
ADVISORY
COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
SECOND
OPINION ON THE
1.
The Advisory Committee adopted
the present Opinion on 24 February 2005 in accordance with Article 26 (1) of
the Framework Convention and Rule 23 of Resolution (97) 10 of the Committee of
Ministers. The findings are based on information contained in the second State
Report (hereinafter the State Report), received on 2 July 2004, and other
written sources and on information obtained by the Advisory Committee from
governmental and non-governmental contacts during its visit to Prague and
Ostrava, from 29 November to 2 December 2004.
2.
Section I below contains the
Advisory Committee’s main findings on key issues pertaining to the
implementation of the Framework Convention in the
3.
Both sections make extensive
reference to the follow-up given to the findings of the first cycle of
monitoring of the Framework Convention, contained in the Advisory Committee’s
first Opinion on the Czech Republic, adopted on 6 April 2001, and in the
Committee of Ministers’ corresponding Resolution, adopted on 6 February 2002.
4.
The concluding remarks,
contained in Section III, could serve as the basis for the Committee of
Ministers’ forthcoming conclusions and recommendations on the
5.
The Advisory Committee looks
forward to continuing its dialogue with the authorities of the
I. MAIN
FINDINGS
6. The
7. Legislative
changes that have been introduced since the entry into force of the National
Application of laws in practice
8. The
Czech authorities’ concern to develop a genuine policy for the protection of
national minorities is to be welcomed. Thus, alongside sectoral measures
adopted for that purpose, the Government has included funds in the annual state
budget to support minorities’ activities, and it has set up a special procedure
for access to those funds. A more active effort to inform national minorities
of funds available and procedures for obtaining them would be particularly useful.
9. Implementation
of the Government’s policy for the protection of national minorities continues
to pose problems at local and regional level. In spite of some laudable
initiatives taken at local level, particularly to improve the situation of Roma
and dialogue with this community, many local authorities show only limited
interest in protecting minorities. While duly taking into account the principles of local self-government,
more resolute efforts are needed (including awareness-raising efforts) to ensure
that local authorities implement more effectively the legislation pertaining to
the protection of national minorities, as well as international standards
binding on the Czech Republic in this area. Increased efforts are needed, more
generally, to ensure increasingly effective implementation, at all levels, of
the National
10. Although
a further population census was carried out in 2001, there are still
significant discrepancies between official figures for, and unofficial
estimates of, the number of persons belonging to certain national minorities,
and particularly Roma. Numbers are one of the main legislative criteria to
determine geographical areas where protective measures for national minorities,
in such fields as education and official use of minority languages, apply. This
makes it particularly important to find new ways of obtaining reliable data on
the number, situation and possible problems of persons belonging to national
minorities in different sectors.
Tolerance and intercultural dialogue
11. Although
the general climate in Czech society is one of mutual respect and
understanding, and significant improvements have been made in interethnic
dialogue, there are still reports of prejudice and intolerance directed at
certain persons - particularly Roma and foreigners. In spite of the many
measures taken by the authorities to promote respect for diversity and to
combat intolerance, negative attitudes still persist among the population, as
well as some media and public authority representatives, particularly at the
local level.
12. Of
similar concern is the persistence of attitudes of intolerance and hostility on
the part of certain police officers, extending to violence in some cases,
towards persons belonging to more vulnerable groups, and particularly Roma. The
authorities should monitor the situation more closely, and ensure that
independent supervision mechanisms of the police are available. They should
also ensure that any such incidents are investigated promptly, impartially and
effectively, and that adequate sanctions are applied when appropriate. Systematic
training in human rights and awareness-raising measures should also help to
improve the situation.
13. The
situation of the Roma remains particularly disturbing. Although the authorities
have taken numerous measures, Roma still face serious difficulties and
discrimination in most areas of life, including employment, housing, health,
access to public services, and education. In addition, they are confronted with
attitudes of intolerance and hostility by the population at large, as well as,
in some cases, by public authority representatives, including some police
officers.
14. Although
the authorities have done much to improve it, the educational situation of Roma
children remains a subject of special concern. Clear and co-ordinated action by
central, local and regional authorities is needed to solve their many problems
in this area, and put an end to their persistent isolation within the school
system. In particular, the authorities must ensure that unjustified placement
of these children in “special” schools is effectively abolished.
15. As
regards allegations of cases of sterilisation of Roma women without their prior
free and informed consent, the active role played by the Ombudsman in the
investigations opened in this context is to be welcomed. The authorities must
ensure that the above-mentioned investigations bring clarity as regards the
alleged existence of such practices. If these allegations prove founded, there
should be no delay in compensating the victims, imposing appropriate sanctions,
and making any necessary changes in laws and procedures.
16. The
17. In
recent years, further measures have been taken to promote knowledge and
appreciation of the traditions, languages and cultures of national minorities
in Czech schools. Notwithstanding these measures, increased efforts are
necessary to eliminate remaining shortcomings in this area.
18. The
new Education Act represents a significant step forward for national
minorities, as far as the teaching of minority languages and in these languages
is concerned. Nonetheless, there are certain shortcomings in the legal
conditions and modalities required for providing such teaching. In the context
of the implementation of the new law, the
authorities should take into account the real situation, needs and expectations
of persons belonging to national minorities.
19. It
is too early to determine if the approach
adopted in the new Education Act will ensure that the unjustified placement of
Roma children in “special” schools ceases - and, more generally, that Roma
children are no longer isolated within the school system. The authorities
should constantly examine these problems in consultation with those concerned
and ensure that, when the new Act is implemented, the principles laid down in
the relevant provisions of the Framework Convention are fully implemented. More
generally, increased efforts are expected at all levels in terms of
implementation of governmental programmes for support of the Roma children in
the sphere of education.
20. Conditions
in the
21. Effective
participation of persons belonging to national minorities at local and regional
level continues to pose problems. Although the local committees for national
minorities provided for in the National
22. Effective
participation of the Roma in various sectors, for example in economic and
social life, housing, education and in the taking of decisions which affect
them, still causes serious problems. Taking greater local and regional
authority involvement and co-operation with Roma representatives as their
starting point, the authorities must devise new and more effective ways of
substantially increasing Roma participation and integration within Czech society.
II. ARTICLE-BY-ARTICLE
FINDINGS
ARTICLE 3 OF THE FRAMEWORK CONVENTION
Findings of the first cycle
23. In its first Opinion on the Czech Republic, the Advisory Committee noted that a law on the protection of national minorities was then being drafted, and hoped that its adoption would not lead to a limitation of the personal scope of application of the Framework Convention.
24. It
noted that only citizens could be recognised as persons belonging to national
minorities, and that there were other groups not regarded by the Government as protected
by the Framework Convention.
Present situation
Positive developments
25. The
“Act on the rights of members of national minorities and the amendment of
certain laws” (Act No. 273/2001, of 10 July 2001, hereinafter “the National
26. The
Advisory Committee understands that the persons protected in the Czech Republic
by the Framework Convention are, in practice, those who belong to groups
represented on the Council for National
27. Obviously,
non-citizens have access to the measures included in the Government’s special
programme for the integration of foreigners. Because of shared ethnic origins,
however, many of them (for example, Russians and Ukrainians) participate in the
cultural or other activities of groups traditionally resident in the Czech
Republic. They can therefore freely avail of state support provided for those
groups, and use it to preserve their identity more effectively, without
actually being recognised as national minorities. As stated by the Government
in its observations on the Advisory Committee’s first Opinion (concerning
Article 5 of the Framework Convention), other groups, such as the Vietnamese, also
have access to the subsidies provided by the state for the cultural activities
of various communities.
28. The
official approach, as embodied in the National
Recommendations
29. While
taking note of the citizenship criterion included in the definition of
“national minority” given in Czech legislation, the Advisory Committee encourages
the authorities to pursue an open and flexible approach referred to above, and
not to use this criterion to exclude certain persons from the personal scope of
application of the Framework Convention.
Findings of the first cycle
30. In
its first Opinion on the Czech Republic, the Advisory Committee noted that there
were doubts concerning the reliability of the census-based figures on the
number of persons belonging to national minorities. The authorities were
invited to find ways of obtaining more accurate statistics on the ethnic
composition of the population, essential to any effective policy for the
protection of national minorities.
Present situation
a) Positive developments
31. A
general census of the population was carried out in March 2001, and the findings
have since been made public.[3]
The Advisory Committee welcomes the fact that national minority representatives
were consulted in advance on the formulation of the questions relating to
ethnic affiliation and mother tongue included in the census forms, and that
both the forms and the accompanying explanatory material were published in
several minority languages (German, Polish, Romany, Russian, Ukrainian), as
well as English, French, Vietnamese, Arabic and Chinese. It also welcomes the
fact that persons belonging to minorities, including the Roma, were directly
involved in carrying out the census.
b) Outstanding issues
32. The
census figures show a marked decrease, since the previous census (1991), in the
number of persons declaring an ethnic origin other than that of the majority. The
authorities see this as reflecting an increasing tendency on the part of
respondents not to identify with national minorities. To explain this tendency,
they suggest various reasons, for example, greater homogeneity within Czech
society, the optional character of the ethnic question, increased integration
of certain groups, refusal or reluctance to declare an ethnic origin other than
that of the majority, or terminological confusion (failure to distinguish the
terms indicating Czech citizenship and ethnic affiliation).
33. Minority
representatives, on the other hand, consider that this is also due to certain organisational
shortcomings of the census, such as failure to publicise the availability of
forms in minority languages, and a lack of transparency in selecting persons
belonging to national minorities to serve as census-takers. In the run-up to
the census, certain media insisted on the danger that personal data might be
misused, and this also seems to have been a significant factor.
34. The
Advisory Committee notes that the authorities favour using independent surveys and
research to supplement and refine the census data. It also notes, however, that
they mention difficulties which impede data collection, one being the distrust
of the process shown by certain persons belonging to minorities, and
particularly the Roma.[4]
35. As
in the previous census, “Moravians” or “Silesians” (altogether 391,352 persons,
or approximately 3.8% of the population) figure again among large groups amongst
the population on the basis of self-identification. According to the authorities,
this self-identification in no way denotes ethnic affiliation, but simply
reflects these persons’ wish, for historical or other reasons, to associate themselves
with a regional identity, instead of indicating an ethnic origin.
Recommendations
36. The
Advisory Committee encourages the authorities to engage in dialogue with the
persons concerned on trends highlighted by the latest population census and
their consequences, so that they can better assess the practical impact of those
trends on their policies for the protection of national minorities.
37. The
authorities are encouraged to devise new ways of obtaining information on the actual
number of persons belonging to national minorities, while ensuring that the
international rules on the protection of personal data are respected. Additional
information and awareness-raising measures are also needed to encourage the
persons concerned to use the possibility of indicating their ethnic affiliation
in the next census.
ARTICLE 4 OF THE FRAMEWORK CONVENTION
Legal and institutional protection against discrimination
Findings of the first cycle
38. In
its first Opinion on the Czech Republic, the Advisory Committee found that
there were certain shortcomings in legal and institutional protection against
discrimination, and called for firm action to correct them.
a) Positive developments
39. The
Advisory Committee welcomes the fact that amendments have been adopted to
several legislative acts in order to improve protection against discrimination
in relevant sectors, such as civil procedure, administrative procedure and
labour law. Moreover, although after
a considerable delay, legal protection against discrimination is now being
strengthened by an important normative text, since the bill on equal treatment
and protection against discrimination was approved by the Government at the end
of 2004. This text aims to transpose the EU Directive No. 2000/43/EC on implementing
the principle of equal treatment between persons irrespective of racial or
ethnic origin into domestic law. It will combine and consolidate, within a
single document, the legal means of protection against all forms of
discrimination in many areas of life. It also improves institutional protection
by providing for the setting-up of an Equal Treatment Centre - a specialised body
dealing with questions of equal treatment and discrimination.
40. The
Advisory Committee also wishes to pay tribute to the work of the Ombudsman,
which particularly benefits persons belonging to national minorities (see, in
this connection, the comments contained in paragraph 60 below). It notes that
the Ombudsman’s Office, reportedly one of the most respected of the Czech
institutions, will continue, as far as its remit allows, dealing with equal
treatment issues.
41. The
Advisory Committee notes with satisfaction that, generally speaking, minority
representatives consider that they enjoy equal treatment in all areas of life,
and report that there is no particular problem of discrimination.
b) Outstanding issues
42. The
Advisory Committee wishes to draw attention to significant discrepancies
between official census figures and non-governmental estimates, which suggest
that the real numerical size of national minorities is considerably under-estimated.
The Advisory Committee finds the lack of reliable figures particularly
disturbing in view of the fact that numerical thresholds, based on minorities’ share
in the population, are one of the criteria which determine application of
certain important measures in such fields as education, use of minority
languages for certain official purposes, and participation in public affairs.
43. It
is also difficult to assess the extent to which full and effective equality
exists between persons belonging to national minorities and the majority in the
absence of figures - broken down by age, sex and geographical distribution - on
the real situation of these persons in various areas, for example, education,
employment and housing. This is particularly important for the Roma, when
measures to improve their living conditions and integration into the society,
are being planned, implemented and monitored (see the comments on Articles 3,
5, 10, 11, 12, 14 and 15 below).
44. The
Advisory Committee also notes that, apart from the difficulties faced by the Roma
in various fields, limited information is available on instances of ethnic
discrimination, investigative action and the number of cases where victims have
been properly compensated (see also comments on Article 6 below).
Recommendations
45. The
authorities are encouraged to make every effort to accelerate the adoption and entry
into force of the new anti-discrimination legislation, and use all available
means, including information and awareness-raising campaigns, to ensure its effective
implementation. In particular, they should ensure that the Equal Treatment Centre
is established without delay, and give it all the resources needed to fulfil
its mission properly.
46. Similarly,
more support should be provided for the Ombudsman, and the institutions to which
its recommendations apply should be more responsive to them.
47. The
authorities are also expected to take further action to collect data on the
situation of minorities in the various sectors, including the frequency of
cases of discrimination, investigative measures and action taken on the latter.
Application of the principles of equal treatment and non-discrimination with
respect to the Roma
Findings of the first cycle
48. In
its first Opinion on the Czech Republic, the Advisory Committee found that
there were considerable socio-economic inequalities between Roma and the rest
of the population, and called for more resolute action to remove them. It noted
that discrimination was still frequent against Roma, and recommended that the
authorities pay special attention to solving this problem, including by providing
a suitable legislative basis and effective remedies.
Present situation
a) Positive developments
49. The
Advisory Committee welcomes the fact that Czech society, including state
authorities, is increasingly becoming aware of problems faced by Roma when it
comes to equal treatment and non discrimination. For instance, Czech courts
have, in recent years, given a certain number of decisions recognising that
Roma have suffered discrimination in specific sectors, such as housing,
employment and access to public places.
b) Outstanding issues
50. The
Advisory Committee takes note with concern of the serious problems which Roma
still face in most areas of life, and of the social exclusion and marginalisation
which they continue to face. Although many measures have been taken under the
Government’s Roma integration policy, their situation, in terms of equality and
discrimination, remains a major challenge. In most sectors there are
considerable disparities between Roma and the majority population, as well as other
national minorities.
51. While
being aware of the fact that available data may be fragmentary, the Advisory
Committee underlines that unemployment figures for Roma are particularly high,
with estimates ranging from over 50% to 70%, and even 90% in certain cases. The
Advisory Committee finds it disturbing that, although the Czech legislation
provides protection against discrimination in this sector, many Roma still
encounter discriminatory practices in the labour market and the Government’s
employment policies have had no real impact on their situation.
52. Roma
report that they have serious problems in the housing field. Their situation in
this area has not only failed to improve, but actually shows a dangerous
tendency to become even worse. The authorities are aware of the gravity of this
situation.[5]
They admit that, until the new anti-discrimination legislation is passed, and
in the absence of any other text offering specific protection in this area,
Roma are particularly vulnerable in the housing sector. A shortage of
subsidised housing, restrictive conditions on access to such housing, and their
own social and economic insecurity, leave Roma open to discriminatory attitudes
and treatment. The most serious issue in this respect is the persistence of
such discriminatory practices on the part of certain local authorities. Instead
of seeking lasting solutions to the housing problems of Roma, these authorities
often take measures (including numerous cases of eviction) which simply perpetuate
their segregation, marginalisation and distress.
53. Roma
have equally serious problems in other areas, such as access to public
services, health or protection of their rights by the courts. There are many
reports of continuing discrimination in these areas, and of intolerance and
hostility towards Roma (see also the comments under Article 6 below).
54. The
Advisory Committee notes with concern that such practices and attitudes are
still being reported in education, another sector where the Roma have special
problems, in spite of the authorities’ efforts in the last few years to improve
their situation. One of the main problems noted is related to undue placement of
Roma children in “special” schools (for details, see comments under
Article 12 below).
55. The situation of Roma in the health field
is no less disturbing. Here again, it appears that they do not always receive
equal treatment from the medical or administrative staff concerned, and that
their general health situation is still markedly worse than that of the rest of
the population. The recent initiative of employing Roma assistants within the
health system to facilitate communication and an approach more suited to their
specific situation, is to be welcomed (see also the
comments in paragraph 60 below).
Recommendations
56. The
authorities are strongly encouraged to pay particular attention to the
initiative - recently launched and apparently well received by civil society -
for the setting-up of a special agency to combat social exclusion.
57. The
authorities should also pursue and expand the sectoral measures aiming to
improve the situation of Roma, while ensuring that these measures respond to
the real needs of Roma and are adequately funded. As a matter of urgency, more
resolute action should be taken in the housing field. At the same time, care
should be taken to ensure that this action does not help to perpetuate
segregation of Roma. In employment, special attention should be paid to Roma youth
as well as to Roma women, who often suffer discrimination on both counts.
58. Roma
themselves should also be consulted and involved more systematically in
projects and programmes designed for them, and there should also be more
effective partnership with NGOs in this area.
59. The
authorities should look into the causes of inadequate implementation of the
Government policy for the Roma integration at local level. With due respect to
the principles of local self-government, they should verify whether legislative
or other measures are needed to define more exactly the role and
responsibilities of local authorities in areas affecting national minorities,
and to make their action in this field more effective.
Allegations concerning the sterilisation of Roma women without their prior
free and informed consent
60. The Advisory Committee is deeply
concerned at recent allegations, from non-governmental sources, of cases of
sterilisation of Roma women without prior free and informed consent. It notes
that, in response to the criticisms voiced in this context both nationally and
internationally, the Ombudsman decided, in the second half of 2004, to
investigate those allegations, and brought the matter to the attention of the relevant
state authorities. It is important that the authorities have decided, although after
delays, to set up a special commission of enquiry within the Ministry of Health.
The Advisory Committee also notes that, encouraged by public discussion on these
claims, and with the support of various human rights organisations, 61 persons have
decided, according to recent non governmental information, to lodge a formal
complaint with the Ombudsman.
Recommendations
61. The
Advisory Committee urges the authorities to ensure that investigation of these
allegations is conducted in optimum conditions of transparency, independence
and impartiality by the special commission of enquiry established by the
Ministry of Health. It is essential that undue delays in publication of the findings
be avoided, and that any cases where persons or authorities appear to have
committed the acts complained of, be pursued vigorously by law enforcement
authorities.
62. The authorities should also ensure that the
existing legal regulations are fully respected, and that more comprehensive
regulations are adopted, in compliance
with relevant international standards, in order to define prior free and informed consent with
sufficient clarity. Competent bodies are encouraged to ensure
that concerned doctors respect the relevant principles of professional ethics.
ARTICLE 5 OF THE FRAMEWORK CONVENTION
Support for the cultural activities of persons belonging to national
minorities
Findings of the first cycle
63. In
its first Opinion on the Czech Republic, the Advisory Committee called on the
authorities to continue their efforts to provide persons belonging to national
minorities, including the numerically smaller minorities, with conditions
conducive to the preservation and development of their culture and identity.
Present situation
a) Positive developments
64. The
Advisory Committee notes with satisfaction that the authorities, at central,
regional and local levels, have continued to provide support, including of a financial
nature, for cultural events organised by national minorities. Most of the
communities concerned have a well-developed cultural life, popular groups or
performers, arts institutions, and periodicals, many of them published in
minority languages.
65. To
allow minorities to develop these activities in optimum conditions, the
authorities have set up a procedure for the award of state subsidies, based on
selection of the best projects. Their decision to formalise conditions for
access to these subsidies in a government resolution[6]
specifically devoted to support for the cultural development of minorities, and
to include annual sums for this purpose in the state budget, is a positive
development. The involvement of minority representatives in selecting the best
projects should also be welcomed.
66. Figures
supplied by the Government show that cultural subsidies awarded to minorities
have globally increased in recent years. They also reflect marked differences
in sums allocated to the various communities and show, in particular, that substantial
sums have gone to projects for the Roma community.
b) Outstanding issues
67. The
Advisory Committee notes that the financial support provided for the cultural
activities of national minorities is still insufficient, having regard to the
increasing number of applications and the need to ensure a balanced distribution
of resources.
68. Minority
representatives have expressed their wish, inter
alia, to have cultural centres, allowing them to develop their activities
in Prague and other cities where minorities are present in significant numbers.
Where such centres exist in the Czech Republic, they are in general privately
run. According to information supplied by the authorities, the Government
decided, in June 2004, to give the city of Prague a grant to cover conversion
and renovation of a building to serve as a House of National
69. The
Advisory Committee has also considered the specific situation of Slovaks who, as
a result of the dissolution of the former Czechoslovakia, are now a national
minority in their own country. According to certain Slovak representatives, there
are concerns within their community with regard to the maintaining of the
identity of Slovaks living in the Czech Republic. According to them, the state
support provided to the Slovaks to foster knowledge of their culture and
history in schools is limited.
70. The
Advisory Committee also noted that not enough was being done to make persons
belonging to national minorities aware of the resources available and ways of
gaining access to them. Moreover, these persons have little confidence in the financial
help that they can obtain for their projects from local and regional
authorities. In spite of the fact that, following decentralisation, these
authorities are largely responsible for meeting the needs of national minorities,
it appears that they are not paying enough attention to those needs, and not
sufficiently prepared to fund minority activities from their budgets.
71. Although
the Government has recently tried to remedy this situation by formally urging local
authorities to subsidise the activities of national minorities[7],
the Advisory Committee remains concerned at the lack of trust and co-operation
between minorities and some local authorities.
Recommendations
72. While
respecting the principles of local self-government, central authorities should use
all means available to encourage local and regional authorities to do more to
support the efforts of persons belonging to national minorities to preserve
their identities.
73. Further
action should be taken to evaluate real needs of persons belonging to national
minorities in this area, including of those belonging to numerically smaller
minorities. Authorities at all levels as well as minority representatives should
make additional efforts to increase awareness of the state aid available and procedures
for obtaining it.
74. The
authorities are encouraged to enter into dialogue with the representatives of
the Slovak minority with regard to the concerns expressed within their
community and to identify proper measures to ensure that adequate information
on Slovak literature and history is offered in schools.
Integration of the Roma and affirmation of their identity
Findings of the first cycle
75. In
its first Opinion on the Czech Republic, the Advisory Committee called on the
authorities to continue their efforts to integrate the Roma more effectively,
while aiming to preserve and develop their identity.
Present situation
a) Positive developments
76. The
Advisory Committee welcomes the measures taken by the authorities in recent
years to help the Roma to maintain and affirm their culture and identity. It
notes with satisfaction that the sums allocated for Roma projects account for a
substantial proportion of the total included in the state budget to cover
cultural support for minorities.
77. In
practice, support for the Roma takes the form of subsidies for their cultural
activities and publications, measures to encourage their presence in the media,
and support for historical, sociological, ethnological and linguistic research projects.
78. The
Advisory Committee is pleased to note that, after several years of difficulties,
the running costs of the Roma Cultural Museum in Brno are now being subsidised
from funds earmarked for that purpose in the state budget. It is also pleased
to note that the state provided considerable financial support for the wide-ranging
programme of activities at the World Roma Festival, held in Prague in 2003.
b) Outstanding issues
79. While welcoming the above recent
developments, the Advisory Committee notes that their real impact on
preservation and affirmation of Roma cultural identity remains limited. To a
large extent, they will succeed only if the authorities’ efforts to effectively
improve the social and economic position of Roma, and limit their
marginalisation and social exclusion, are also successful. Progress in these
areas has so far been modest, and empowerment of the Roma within Czech society remains
a major challenge, both for the authorities and for the Roma themselves (see,
in this connection, the comments under Articles 4, 6, 12 and 15).
Recommendations
80. The authorities are urged to continue
their efforts to support preservation and development of the Roma identity, and
co-operate with the Roma in selecting the measures best suited to their real
needs, while seeking to incorporate those measures into the Government’s overall
integration strategy.
ARTICLE 6 OF THE FRAMEWORK CONVENTION
Tolerance and intercultural dialogue
Findings of the first cycle
81. In its first Opinion on the Czech
Republic, the Advisory Committee found that inter-ethnic dialogue was still
insufficient, and that manifestations of intolerance and hostility towards persons
belonging to national minorities, and particularly Roma, were still being
recorded. The authorities were encouraged to do everything in their power to curb
this.
Present situation
a) Positive developments
82. The
Advisory Committee welcomes the efforts made by the authorities to improve the
climate of tolerance and intercultural understanding. It notes that this
climate is generally marked by a spirit of mutual respect and understanding, on
which minority representatives themselves comment favourably.
83. Among
the many measures taken in this field, the annual campaigns against
discrimination, racism and extremism are particularly laudable. These campaigns
comprise numerous information, awareness-raising and human rights training
activities, which are aimed at various audiences, from schools, through the
media, to the police and courts.
84. The
Advisory Committee welcomes the fact that the authorities have paid attention,
in recent years, to the particular situation and specific needs of Germans in
terms of intercultural dialogue and mutual understanding. It notes that the Government
is exploring ways to make a symbolic gesture in respect of Germans whose
property was confiscated in 1945. Although no concrete development has been achieved
so far, the issue is under consideration, including by the relevant Government
authorities. Similar questions are also being considered with regard to persons
belonging to the Croatian minority. The Advisory Committee is of the opinion
that progress on this issue could be another step towards further improving the
spirit of tolerance and intercultural dialogue within the Czech society.
b) Outstanding issues
85. In
spite of substantial improvements, prejudices against persons belonging to certain
groups, particularly Roma and foreigners are still reported in the Czech
Republic. It is reported that, although more sporadically, extreme right-wing groups
are still active and sometimes commit acts of violence. In addition, although
on a limited scale, anti-semitic ideas are still being circulated, particularly
by certain media and on Internet.[8]
86. Intercultural
dialogue with the Roma remains problematic. Negative attitudes towards Roma are
still reported in various circles, for example, the media, certain public
authorities (particularly at local level) as well as the public in general.
Various sources also bring up the cases where Roma have been the targets of intolerance,
hostility, and sometimes violence, including - in some cases - by police
officers.
87. The
Advisory Committee also notes the persistence of discriminatory attitudes and
distrust with regard to foreigners, whose numbers have greatly increased in the
last ten years. NGOs report that the authorities' tendency, when disseminating
information on their policy on immigration, to focus unduly on its crime-control
aspects, contributes to the negative public perception as regards non-citizens.
In addition, these perceptions are often reinforced by prejudicial information
in the media. In this context, the Advisory Committee draws attention to the
fact that, according to Article 6 of the Framework Convention, the authorities shall
encourage a spirit of tolerance and intercultural dialogue and take measures to
promote mutual respect, understanding and co-operation among all persons living
on the territory of the Czech Republic.
88. As
regards the media, they are often criticised, not simply for not doing enough
to encourage acceptance of diversity and tolerance, but also for their negative
coverage of certain groups, including Roma and foreigners, such as Ukrainians who
have recently arrived in the country and persons of Asian or African origin. In
spite of marked improvements, there are still reports – although sporadic – of publication
of certain press articles which convey or reinforce a negative image of
minorities, including Germans and Jews.
Recommendations
89. The
authorities should increase their efforts to combat social exclusion and manifestations
of intolerance, racism and xenophobia still present in Czech society. They
should monitor the situation more effectively, investigate and apply adequate
sanctions when necessary, while pursuing and diversifying awareness-raising and
training activities, aimed at promoting tolerance and acceptance of diversity.
90. In
the case of the media, self-regulatory and monitoring bodies, as well as
ethical councils, should pay more attention to the above-mentioned phenomena
and combat them by using all means at their disposal.
91. The
authorities are encouraged to pursue the dialogue initiated concerning the
specific situation of the Germans, and redouble their efforts to improve communication
between this minority and the majority. They should try to ensure that
discussion on the questions at issue is not unduly politicised and promote a
constructive approach, focused on the future and not weighed down by the past.
Fight against discrimination, hostility or violence on ethnic or racial
grounds
Findings of the first cycle
92. In its first Opinion on the Czech
Republic, the Advisory Committee concluded that certain persons belonging to
national minorities, and particularly Roma, were still exposed to
discrimination, intolerance and even violence, including by police officers and
that the protective measures taken were often ineffective. The authorities were
called to redouble their efforts to monitor and combat these phenomena,
particularly by taking more effective preventive, investigative and punitive
action.
Present situation
a) Positive developments
93. The
Advisory Committee notes that the authorities have increased their efforts to
combat ethnic or racial violence and discrimination, and also incitement to racial
hatred. It notes, in particular, that a Standing Inter-Ministerial Committee
against Racism and Xenophobia has been set up within the Ministry of the
Interior. Various crime prevention programmes, particularly at local level, are
also to be welcomed.
94. The
Government’s approval, in 2003, of a national strategy for police work with
national minorities and other ethnic groups is a further positive development.
This strategy envisages improved training and awareness-raising for police
officers in the field of human rights and diversity, recruitment of more persons
belonging to minorities within the police, and closer monitoring of attitudes
of hostility, intolerance and even racism in the police. The Advisory Committee
welcomes in this context local initiatives such as the one developed in the
city of Ostrava.
95. The
Advisory Committee also notes that efforts have been made to improve
supervision of police work. It notes that offences committed by police officers
are now, under an amendment to the Code of Criminal Procedure which took effect
in 2002, investigated by prosecutors attached to the Ministry of Justice.
b) Outstanding issues
96. In
spite of the measures mentioned above, many national and international sources
report that discrimination, hostility
or violence on ethnic or racial grounds persists within the Czech society,
and that Roma are particularly affected.
97. These
sources report that Roma are still discriminated against in most areas by
private and also public entities, including certain public authorities, particularly
at local level (see also comments on Articles 4, 5 and 12 of the Framework
Convention). There are also reports that certain police officers have discriminated
against Roma, have seriously failed to protect their rights, and have even inflicted
violence on them. It further appears that these cases are not always promptly
and impartially investigated by the competent services.
98. The
Advisory Committee notes that some civil society representatives show a
disturbing lack of confidence in the institutions operating in these fields,
such as the police and courts. Although changes have been made, NGOs claim that
arrangements for the investigation of complaints against the police still lack
objectivity and credibility - and that this is also why so few complaints are lodged.
They also argue that crimes committed on ethnic or racial grounds are not
properly dealt with by the courts, which are ineffective in this area. The sanctions
they impose, in the rare cases where they find that crimes have in fact been committed
on these grounds, are also criticised as being too lenient.
Recommendations
99. The
authorities should take action to ensure constant monitoring of discrimination,
hostility or violence perpetrated on ethnic or racial grounds. They should
ensure that any such cases reported are speedily, impartially and effectively investigated,
and that adequate sanctions are imposed when appropriate. Efforts should also
be made to collect data in this area.
100. Where
the police are concerned, it is important to pursue current awareness-raising
and training activities aimed at promoting tolerance, and to extend them to all
police officers, regardless of experience or rank. It is also essential that
there are independent bodies to supervise and investigate the work of the
police. Increased attention should be paid to improving communication with the
Roma, and recruiting more of them as police officers.
ARTICLE 9 OF THE FRAMEWORK CONVENTION
Access of persons belonging to national minorities to the media
Findings of the first cycle
101. In
its first Opinion on the Czech Republic, the Advisory Committee found that
there were certain shortcomings as concerns access of persons belonging to
national minorities to public television and radio, and their presence in the
media. In particular, it insisted that programmes and air time must be
allocated more fairly, and resources distributed more effectively, so that the
needs of numerically smaller minorities could also be satisfied.
Present situation
a) Positive developments
102. The
Advisory Committee welcomes the fact that the new legislation on public service
radio and television services includes amongst the tasks of the public service
media the obligation to contribute to preserving the cultural identity of
persons belonging to national minorities. It should be also noted that such a
contribution is now one of the criteria on which broadcasting licences are
awarded.
103. In
addition, state subsidies are awarded for publications produced by national minorities,
and for the production and distribution of audiovisual programmes aimed at or
devoted to national minorities, including programmes in minority languages.
104. In
practical terms, the public television service’s Ostrava studios have, since
1 January 2004, been broadcasting a weekly multi-cultural programme (“Babylon”)
on the lives and interests of national minorities and foreigners. This
programme has given minorities the opportunity to use their languages on public
television for the first time. Public television also continues to broadcast multi-cultural
programmes, such as the “multi-ethnic” series, which, inter alia, give viewers information on the lives, traditions and
interests of national minorities, including Roma. Nonetheless, minority
languages are still very little used on public television, and therefore the launching,
by Ostrava studios in September 2003, of a weekly news programme in Polish, is
to be welcomed.
105. Although
technical and financial difficulties persist in establishing programmes for numerically
smaller minorities, the public radio service does in practice broadcast programmes
devoted to national minorities and in minority languages, prepared by teams of
persons belonging to national minorities, particularly Germans, Poles, Roma and
Slovaks. In addition, an advisory group for national minorities has been set up
by the Director for Programmes of the Czech Radio.
106. In the press field, it is worth noting, for
example, that the Government helped to fund 20 projects for the publication of
periodicals by minorities in 2003 (including four submitted by Poles, four by
Roma, three by Slovaks, two by Germans, two by Bulgarians, one by Russians, one
by Ruthenians, one by Ukrainians, one by Jews and one by Hungarians).[9]
b) Outstanding issues
107. In
spite of these positive developments, the Advisory Committee finds that the
time reserved for national minorities on public television is still too limited.
The programme “Babylon”, for example, which is shown during off-peak hours, has
a mere 15-minute slot every week, and is nonetheless expected to cater for all
the country’s minorities, which it can do only to a very limited extent.
108. Public
media coverage of issues concerning national minorities also remains
unsatisfactory. Germans, Croats, Russians and the other minorities
(particularly the numerically smaller ones) all find that public audiences
receive insufficient information about the life of different communities,
diversity and multiculturalism, and that the impact of the efforts made in this
field falls far short of that intended (see also comments under Article 6
above).
Recommendations
109. The
authorities should make further efforts, particularly in terms of programme
length and timing, to give persons belonging to national minorities improved
media access and coverage, paying special attention to numerically smaller
minorities. More sustained efforts are needed to make these persons aware of
the state support available to them in this area.
110. While
ensuring that editorial independence of the media is respected, the authorities
should endeavour to make the media more aware of the problems of persons
belonging to national minorities, and of the role which they themselves can
play in promoting tolerance and cultural pluralism.
ARTICLE 10 OF THE FRAMEWORK CONVENTION
The use of minority languages in dealings with administrative
authorities
Findings
of the first cycle
111. In
its first Opinion on the Czech Republic, the Advisory Committee noted
shortcomings in the use of minority languages in contacts with the administrative
authorities, and also during criminal proceedings, and called on the
authorities to remedy this situation.
Present
situation
a) Positive developments
112. The
Advisory Committee notes that Article 9 of the National
113. The
new Administrative Procedure Act, as amended in 2004[10],
authorises the use of minority languages in dealings with the administrative
authorities, both orally and in writing, with the help of free interpretation
or translation when necessary. Similarly, public authority regulations dealing
with matters of concern to national minorities may now be published in their
languages. The use of minority languages in communication pertaining to other
sectors, such as trading licences, accounts, taxes and fines, is also
authorised.
b) Outstanding issues
114. Under
the above-mentioned legislation, the use of minority languages for publication of
local official regulations and in connection with elections is limited to
situations in which certain numerical and institutional conditions apply. Such
use is authorised only in administrative territorial units where committees for
national minorities have been established, i.e. units where persons belonging
to national minorities account for at least 10% of the local population.[11]
However, only census data are taken into account in this context, despite the
fact that the authorities acknowledge that the census results do not fully
reflect the real number of persons belonging to national minorities (see the
comments under Article 3 above). Moreover, such committees have been established
only in few of the cases where the requisite conditions apply, since local
authorities have retained a certain margin of discretion as regards decision-making
in this area.
115. In
view of the above, the Advisory Committee finds problematic the process of identification
of administrative-territorial units concerned, and considers that further
clarification is needed to ensure that Article 10, paragraph 2, of the
Framework Convention is effectively implemented.
Recommendations
116. The
authorities should take all the action needed to eliminate the legal insecurity
currently associated with the criteria used to select administrative-territorial
units where minority languages may be used for publication of local official
regulations and of election-related information. They should ensure that census
data are not the only indicator applied in this context, and that local
authorities do not make excessive use of their margin of discretion concerning
the setting-up of committees for national minorities. More attention should be
paid to the real situation of national minorities in practice, in terms of
numbers, needs and demand.
The use of minority languages in criminal proceedings
Findings
of the first cycle
117. In
its first Opinion on the Czech Republic, the Advisory Committee found that the
use of minority languages in criminal proceedings raised certain problems,
particularly for the Roma, and called on the authorities to do everything
necessary to remove these problems.
Present
situation
a) Positive developments
118. The
Advisory Committee notes that the Code of Criminal Procedure, as amended in
2001 (and entered into force in January 2002) now contains specific provisions
on the right of persons involved in criminal proceedings to use their own language,
or another language understood by them, and to avail of free interpretation if
necessary.
b) Outstanding issues
119. In
spite of this improvement in the law, the Advisory Committee understands from
non-governmental sources that difficulties still exist in practice,
particularly concerning exercise of this right by Roma, owing to the shortage
of qualified Roma-language interpreters.
Recommendations
120. The
authorities should take all the action needed to remove the problems in this
area without delay, backing it with adequate financial resources.
ARTICLE 11 OF THE FRAMEWORK CONVENTION
Surnames (patronyms) and first names in minority languages
Findings
of the first cycle
121. In
its first Opinion on the Czech Republic, the Advisory Committee welcomed
provisions in the new Act on civil status registers[12],
which allowed persons belonging to national minorities to enter the female surnames
without adding the suffix required by Czech grammar.
Present
situation
a) Positive developments
122. According
to the State Report, the latest amendments to the said Act (2004) confirm and specify
further the provisions applying to persons belonging to national minorities
when registering marriages or the names of female children. The law also allows
persons concerned, and the parents of children concerned, to apply to have family
names re-registered, free-of-charge, taking into account the specificities of
the minority language in question, and to have new identity papers issued.
b) Outstanding issues
123. Although
these new provisions have been well received by national minorities, the Advisory
Committee notes that there have been complaints, particularly from Poles and
Germans, concerning certain procedural shortcomings - specifically, the
difficulty of obtaining copies of entries from registers giving names in
minority languages, when those names have previously been entered in Czech, and
the lack of rules on transcription of names into Czech.
Recommendations
124. The
authorities should pay more attention to the rules on implementation of the above-mentioned
amended Act, to ensure that persons belonging to national minorities can effectively
exercise the right enshrined in Article 11, paragraph 1, of the Framework
Convention.
Bilingual signs and place-names
Findings
of the first cycle
125. In
its first Opinion, the Committee welcomed the fact that the Municipalities Act had
authorised the use of bilingual signs and place-names under certain conditions,
and called for proper implementation of the new regulations.
Present
situation
a) Positive developments
126. The
Advisory Committee notes that the Municipalities Act, as amended in 2001,
authorises the use of bilingual signs and place-names in municipalities where national
minorities account for at least 10% of the local population, on presentation of
a petition signed by at least 40% of adult minority residents. It welcomes the
fact that the threshold has been set at a mere 10% - which reflects the
authorities’ will to make the possibility provided for in Article 11, paragraph
3 of the Framework Convention widely available.
b) Outstanding issues
127. Although
the above provisions can be seen as positive, they currently apply only to a
fairly limited number of municipalities, in which persons belonging to national
minorities reside compactly, and their implementation has not advanced
significantly. According to the State Report, Poles in the Tĕšin district
of Silesia are the main group concerned. Some of them, in municipalities where
the numerical criteria is fulfilled, have recently collected the necessary signatures
and should now be in a position to use bilingual signs and place-names in the
areas concerned.
128. The
Advisory Committee notes that persons belonging to national minorities, particularly
Poles, are strongly critical of the requirement to present a petition as a
precondition for the introduction of bilingual signs and place-names. The
Advisory Committee notes with concern that bilingual signs have not been yet
introduced in those municipalities where the legislative conditions for doing
so are satisfied.
129. The
authorities explain this state of affairs by referring to opposition on the
part of the majority and of certain local authorities. According to the State
Report, local authorities are ready to accept the use of minority languages for
the names of local public authorities and institutions (often the case with Poles
in Silesia) and in dealings with the authorities. However, mainly for
historical reasons, there are strong reservations as to the use of minority
languages, Polish and German particularly, in bilingual topographical
indications.
130. Other
national minorities are more dispersed, and therefore find it harder to meet the
conditions for using bilingual signs and place-names. In the specific case of
Germans, the authorities, while pointing out that the numerical conditions are
not satisfied, acknowledge that the use of German on signs indicating historic
monuments and places previously inhabited by Germans might well have symbolic
value for them. Changes are unlikely, however, given the extent to which these
questions are politicised in Czech society (see also observations under article
6 above).
Recommendations
131. The
authorities should ensure that there are no unjustified obstacles to prevent
persons belonging to national minorities from availing of their legal right, where
legal conditions are fulfilled, to use their own language, in addition to Czech,
on local topographical indications. More should be done to sensitise the majority
population and local authorities to this issue.
132. Given
the uncertainty attached to the latest census figures for persons belonging to national
minorities, the authorities are encouraged not to make them the sole indicator for
implementation of the new legislative provisions, but to take also into account
the real situation in the localities concerned.
ARTICLE 12 OF THE FRAMEWORK CONVENTION
Intercultural dimension of education
Findings
of the first cycle
133. In
its first Opinion on the Czech Republic, the Advisory Committee called on the
authorities to redouble their efforts to ensure that information on the
culture, history and languages of minorities was more effectively disseminated
in schools.
Present
situation
a) Positive developments
134. The
Advisory Committee is pleased to note that, as part of its integration policy,
the Czech Government has in recent years paid increasing attention to making
people aware, from a very early age, of the importance of human rights,
tolerance and multicultural dialogue. In this connection, it has devised a strategy
for the teaching of human rights and tolerance - which also covers questions
relating to national minorities.
135. The
Advisory Committee welcomes the establishment by the Government, in 2002, of a Training
Centre for Democratic Citizenship under the auspices of the Ministry of
Education. One of its tasks is to introduce teachers of all levels (from
primary school to university), the staff of psycho-educational centres and
school inspectors, to the concept of multicultural education and train them to
promote it in their work.
136. The
Ministry of Education also supports programmes devoted to multicultural
education by universities and research centres, and subsidises the production
of teaching programmes and materials for national minorities. National
campaigns against racism have been organised yearly since 1999, and these include
also projects to promote multicultural education, which are run by NGOs in
co-operation with schools, libraries and other educational establishments.
b) Outstanding issues
137. While
welcoming the above mentioned recent developments, the Advisory Committee notes
that much remains to be done to ensure that the traditions, languages and
cultures of national minorities are genuinely known and appreciated in Czech
schools. Minority representatives themselves consider that their cultures,
languages and traditions get limited attention - or are even altogether absent in
some cases - in Czech schools.
138. The
Advisory Committee’s dialogue with minority representatives has also shown that
certain persons belonging to national minorities (for example, Russians, Serbs,
Ukrainians and Roma), both children and adults, have a poor grasp of the Czech
language, and face communication problems with the majority. The Advisory Committee
understands that this applies, not only to persons who have arrived recently, but
also to elderly people who have been living in the country for a longer period
of time.
Recommendations
139. The
authorities should pursue and extend the initiatives they have introduced in
recent years to reinforce the intercultural element in education, with a view
to fostering mutual knowledge and dialogue between the majority and the various
minorities. Greater efforts are
needed to teach the Czech language to persons belonging to certain minorities,
without prejudice to the obligations under Article 14 of the Framework
Convention.
Equal access to education. The situation of the Roma.
Findings
of the first cycle
140. In
its first Opinion on the Czech Republic, the Advisory Committee expressed
concern at the educational situation of the Roma, and considered that the
practice of undue placing of Roma children in “special” schools was not
compatible with the Framework Convention. The authorities were encouraged to
continue their efforts to eliminate isolation of these pupils, and find other ways
to improve their educational situation.
Present
situation
a) Positive developments
141. The
Advisory Committee notes that the authorities are genuinely committed to improving
the educational situation of Roma children, and are trying, in various ways, to
realise this aim in practice. The Advisory Committee notes, above all, that the
authorities are paying special attention to the unjustified placement of Roma
children in “special” schools, reserved de
jure for mentally disabled children who cannot successfully be educated in
basic schools or in specialised elementary schools. It notes, in particular,
the authorities’ commitment to put
an end to such practices.
142. Tests
and methods used to assess children’s intellectual abilities upon school
enrolment have already been revised with a view to ensuring that they are not
misused to the detriment of Roma children. Moreover, according to the
authorities, the new Education Act (Act N° 561/2004 Coll.), which entered into
force in January 2005, also introduces changes in the Czech system of education.
143. In
addition to these changes, special educational programmes have been launched to
help Roma children overcome their problems. These include waiving fees for the
last year of pre-school education, relaxing the rules on minimum class sizes, more
individualised education, appointing educational assistants (mostly Roma), as
well as producing methodological handbooks and guidelines for teachers working
with Roma children. Preparatory pre-school classes have also been organised for
Roma children, and these have worked well, although on a fairly limited scale.
To accommodate all the children concerned, these measures should be applied
more widely.
144. The
Advisory Committee also takes note of the special support programme for Roma access
to secondary and higher education, and of the efforts made to build up a
network of qualified Roma teachers and educational assistants. To ensure that
Roma cultural identity gets more positive treatment in schools, special
sections dealing with their culture, history and traditions have been opened at
several universities. A textbook covering their history and lifestyle has also
been commissioned by the Ministry of Education.
b) Outstanding issues
145. Although
constant monitoring and evaluation of the school situation of Roma children is
one of the Government’s priorities, the State Report says little about the
extent to which they are currently integrated in schools, or the effectiveness
and impact of the many measures taken for them. The Advisory Committee notes with
concern that these measures have produced few improvements. It also notes that
local authorities do not systematically implement the Government’s school
support scheme, and do not always have the determination needed to act effectively
in this field.
146. The
Advisory Committee notes with concern that, according to non governmental
sources, a considerable number of Roma children are still being placed, at a
very early age, in “special” schools, and that revision of the psychological
tests used in this context has not had a marked impact. According
to non official estimates, Roma account for up to 70% of pupils in these
schools, and this – having regard to the percentage of Roma in the population –
raises doubts concerning the tests’ validity and the relevant methodology
followed in practice.
147. This
situation is all the more disturbing, insofar as it also makes it more
difficult for Roma children to gain access to other levels of education, thus reducing
their chances of integrating in the society. Although legislation no longer prevents
children from advancing from “special” to regular secondary schools, the level
of education offered by “special” schools generally does not make it possible
to cope with the requirements of secondary schools, with the result that most
drop out of the system.
148. It
is too early to determine whether the revised educational system introduced by the
new Education Act (Act N° 561/2004 Coll.), will substantially change the present
situation of over-representation of Roma children in “special” schools or
“special” classes. It is necessary for the authorities to keep the circles
concerned constantly informed of the new developments and to discuss with them
the implementation of the new Act.
149. In
addition, the Advisory Committee notes that, in spite of the awareness-raising
initiatives taken by the Ministry of Education, many of the Roma children who
attend ordinary schools are isolated by other children and by teaching staff,
or even placed in separate classes. At the same time, it is recognised that in
some schools Roma children are the largest pupil-group simply because the
schools concerned are located near the places where Roma reside compactly. It
is important to ensure that these schools, too, provide quality education.
150. Estimates
as to the number of Roma children who remain outside the school system vary. It
appears that those who do attend school[13]
rarely advance beyond primary school. Material conditions in some of the
schools they attend are reportedly precarious, and the teaching they receive is
still, in most cases, insufficiently adapted to their situation.
Recommendations
151. The
Advisory Committee calls on the authorities to concentrate their efforts to
make their support measures for Roma children more effective, and ensure that
the programmes decided by the Ministry of Education are more systematically
implemented by local authorities, in consultation with Roma representatives.
152. Priority
should go to placing Roma children in ordinary schools, supporting and
promoting preparatory classes and also educational assistants. Recruiting Roma
teaching staff, and making all education staff aware of the specific situation
of Roma children should also receive increased attention.
153. A
further strategic priority should be the adoption of additional awareness-raising
measures on the critical importance of education as a factor of individual
development and social integration. An active involvement on the side of the
parents, in particular with regard to the implementation of the new Education
Act, should be also promoted as a condition
sine qua non for the overall improvement of the educational situation of
the Roma.
154. More
determined action is needed to combat isolation of Roma children in both
ordinary and “special” schools. A clearer approach, coupled with instructions
and immediate action on all levels, is needed to put an end to unjustified
placement of these children in “special” schools designed for children with mental
disabilities. Effective monitoring measures, particularly designed to eliminate
undue placement of children in such schools, should be one of the authorities’
constant priorities.
ARTICLE 13 OF THE FRAMEWORK CONVENTION
Private education
for national minorities
Outstanding
issues
155. The Advisory Committee notes that
representatives of the Russian minority have expressed a desire to obtain a more
suitable location for the Russian school of Prague.
Recommendation
156. The municipal authorities are encouraged to
enter into dialogue with the representatives of the Russian minority and to
examine the possibility of finding a satisfactory solution to their concern.
ARTICLE 14 OF THE
FRAMEWORK CONVENTION
Teaching of minority
languages and instruction in these languages
Findings of the first cycle
157. In
its first Opinion on the Czech Republic, the Advisory Committee noted that
there was no clear educational programme to meet the needs of national minorities
concerning teaching their languages and receiving instruction in these
languages. It encouraged the authorities to verify the situation in this area
and to take the measures which proved necessary, in consultation with the
persons concerned.
Present situation
a) Positive developments
158. The
Advisory Committee welcomes the adoption in 2004, at the end of a legislative
process extending over several years, of a new Education Act, which details inter alia the principles and modalities
for the purpose of ensuring persons belonging to national minorities equal
access to education. The minority representatives, who had criticised the authorities for failing to adopt modern, clear and
stable legislation in the field of education - an area that is crucial to
sustaining identities of national minorities - regard this as a positive
development. They find that the new law generally meets their expectations, and
brings improvements for minorities, particularly concerning teaching of and in
minority languages.
159. In
this connection, it may be noted that the number of pupils needed to establish
minority language classes has been reduced (to eight pupils for pre-school and to
ten pupils for primary education), and that final secondary school examinations
have been adjusted and they now take into account the special situation of
schools which use a minority language as the language of instruction (in
practice, this concerns only Poles).
160. At
present, Poles are the only minority with access to teaching in their own
language from pre-school to secondary school level (some 4,000 pupils are
concerned). The support they receive from the state for the production of
teaching materials and for teacher training, particularly through the Education
Centre especially established for Polish schools, can only be welcomed. The
subsidy approved by the Government in June 2004 for rebuilding of the Polish
school at Janblunkov, using Polish as the language of instruction, deserves to
be mentioned in this context.
161. There
are no schools designed specifically to the persons belonging to the Slovak
minority. According to governmental sources, this is due to the fact that
interest in learning Slovak is not sufficient. However, there is close bilateral co-operation with Slovakia in the
education field. Thus citizens of both countries are free to use either Czech
or Slovak in higher education, including in university entrance examinations.
b) Outstanding
issues
162. Although
the new Education Act contains various elements which contribute to protection
of national minorities, some of its provisions raise questions. Under the Act,
for example, classes or schools teaching minority languages, or using them as
languages of instruction, may be set up only in areas where committees for
national minorities have already been established - which makes it often
impossible to open new classes or schools of this type.
163. As
already stated, the existence of these committees depends on criteria to which
some uncertainty is attached, such as census data or the willingness of local
authorities to establish them. It is therefore questionable whether these
criteria are sufficiently clear and objective to permit accurate identification
of situations that meet the Framework Convention’s conditions for access to
teaching of, or in, minority languages. As already noted, the persons concerned
have criticised the procedure for the establishment of such classes or schools,
which
requires them to present a petition (see also comments
on Articles 4, 10 and 11 above).
164. According
to information supplied by the authorities, the smaller and more scattered
minorities (Bulgarians, Croats, Hungarians, Germans, Roma, Ruthenians,
Russians, Greeks, Slovaks and Ukrainians) do not have enough pupils to qualify
for teaching of, or in, their languages in public schools.[14]
Teaching of several minority languages (for example, Bulgarian, Greek, Russian,
and Hebrew) is thus provided privately by the communities concerned. Some of
the initiatives of this nature, which are usually backed by kin-states, are
also supported by the Czech authorities.
165. Germans,
in particular, have German teaching programmes, which are run by their
associations, and which they would like to extend to parts of the country with
smaller German communities. They would also like to use German as the language
of instruction. According to the authorities, their wishes could not be
satisfied under the previous legislation, since they did not meet the legal
conditions.
Recommendations
166. When the new Education Act is implemented,
the authorities should clarify and, when necessary, adjust the criteria and
procedure used to identify situations covered by Article 14, paragraph 3, of
the Framework Convention. In this connection, they should ensure that account
is taken of minorities’ real situation and needs.
167. More should be done to ensure real
involvement, backed by adequate resources, of local and regional authorities in
implementation of government policy in this area. Initiatives taken by
minorities themselves, for teaching of their languages outside the ordinary
system, should also receive more support.
ARTICLE 15 OF THE
FRAMEWORK CONVENTION
Participation of persons belonging to national minorities in the
decision-making process
Findings of the first cycle
168. In
its first Opinion on the Czech Republic, the Advisory Committee encouraged the
authorities to find ways of involving persons belonging to national minorities,
including Roma and the numerically smaller minorities, more effectively in the
taking of decisions which affect them.
Present situation
a) Positive developments
169. In
institutional terms, the Advisory Committee notes that there are several
governmental consultative bodies whose activities touch upon the protection of
national minorities (the Council for Roma Affairs, the Human Rights Council,
the Council for National
170. The
annual reports submitted to the Government and published by the Council, which also
give minorities a space to voice their concerns and expectations, are also to
be welcomed. The Advisory Committee strongly welcomes the Council’s monitoring
and information activities, and particularly its critical and self-critical
spirit. Minority representatives also take a favourable view of its work,
although they find that its impact on government decision-making is still
limited, and expect it to pursue a more determined approach.
171. Territorial
reform and decentralisation have brought changes which should, in principle, contribute
to the participation of national minorities in various areas of public life. Specifically,
this applies to the setting-up of committees for national minorities, to advise
local and regional authorities, in places where the latest census figures show
that minorities account for at least 10% of the local population.
172. The
Advisory Committee considers that these committees can indeed do much to
promote the interests of minorities at local and regional level, and foster
their participation in public affairs. This is particularly important in a
country where minorities are not automatically represented in parliament, and the
persons belonging to national minorities who are in elected bodies, especially
at the central level, are not formally representatives of the national minority
to which they belong.
b) Outstanding issues
173. In
spite of the essentially positive developments referred to above, the situation
at local level concerning effective participation by national minorities in
public life raises a number of questions. It appears that, generally speaking,
territorial reform and decentralisation have not, as the subsidiary principle
might suggest, worked to the advantage of minorities, but have actually made it
harder for them to obtain the public support they need for their activities. Specifically,
local authorities are criticised, both by representatives of national
minorities and by the Government, for their limited co-operation and interest
in protecting national minorities.
174. The
status and role of the committees for national minorities established at local
and regional level are not always clearly defined. As mentioned before, there
is some legal uncertainty as to the conditions governing their existence. In
practice, many local authorities have failed to establish such committees, even
in places where the numerical criteria are satisfied, as it is reported with
regard to the Germans and Slovaks. As for the Roma, who, according to
unofficial estimates, are the largest minority, only one municipality satisfies
the said numerical criterion, if the census figures are taken as the basis of
calculation.
175. The
Advisory Committee is concerned about the existing legal uncertainty stemming
from doubts attached to the census figures, as well as from the lack of clarity
concerning the role of demand for such committees and the exact meaning of the
10% criterion (i.e. whether it refers to persons belonging to a specific
minority or to all minorities living in the locality concerned). These concerns
are accentuated by the fact that, as stated above, the existence of these
committees is in itself one of the criteria used to identify areas where
minorities are eligible for beneficial measures in such crucial fields as the use
of minority languages and education (see comments under Articles 10, 11, 12 and
14).
Recommendations
176. With
due respect to the principles of local self-government, the Czech authorities
should take more determined action to ensure that legal measures designed to
promote effective participation, and particularly the establishment of local
committees for national minorities, are effectively implemented on all levels.
They should also remove the legal uncertainty surrounding the criteria used to
identify areas where these committees are to be established.
Findings of the first cycle
177. In
its first Opinion on the Czech Republic, the Advisory Committee expressed
concern at the problems encountered by Roma seeking to play a genuine part in
economic, cultural and social life, and in the taking of decisions affecting
them, and encouraged the authorities to do more to improve their situation in
all the areas concerned.
Present situation
a) Positive developments
178. The
Advisory Committee is pleased to note that the authorities are becoming increasingly
aware of the difficulties faced by the Roma in terms of effective participation
in various sectors, as well as in the decision-taking processes. It notes that
addressing these difficulties is one of the Government’s priorities. The
Advisory Committee welcomes in this context positive multi sectoral initiatives
taken at local level - which it could note during its visit to Ostrava - in
order to improve the effective participation of Roma in economic, social and
cultural life. It considers that such initiatives should be developed more
systematically by the local authorities concerned.
179. The
appointment of Roma co-ordinators to advise regional authorities in each of the
14 regions on policies and measures to improve the situation and integration of
Roma is a positive development.
b) Outstanding issues
180. In
spite of these positive changes, developments in recent years have not really
been encouraging. At central level, the impact of the bodies responsible for
Roma affairs on decision-making remains limited. Various sources indicate that
these bodies’ failure to co-ordinate their activities sufficiently and to establish
an effective partnership with Roma organisations at least partly explains this
situation.
181. At
local level, administrative-territorial reform seems to have interfered with
the positive initiatives already launched, which had started to produce
effects. This applies, in particular, to the setting-up of a network of Roma co-ordinators
in the former districts. The network was dismantled when the districts were
abolished, and only half of the
co-ordinators are now doing similar work, at local level. There are also
reports that their work, and their communication with the authorities
concerned, particularly at local level, is not entirely effective. The Advisory
Committee notes, in this connection, that local authorities are criticised for their
lack of determination in addressing the problems of the Roma.
182. More
generally, social exclusion still affects Roma in most areas including social
and economic life and education (for details, see comments on Articles 4, 5, 6,
12 and 14 above). Although Roma have numerous associations, they do not appear
to be sufficiently active, and their involvement in the taking of decisions
which affect them remains limited and often ineffective. The presence of Roma in
executive structures, in the police and public administration in general also
needs to be increased.
Recommendations
183. The
authorities are encouraged to co-operate with Roma representatives in examining
the situation of the Roma with regard to effective participation in public affairs,
and finding ways of improving it substantially. They should also pursue the
initiatives launched in this field, doing their utmost to ensure that regional
and local authorities implement them effectively.
ARTICLE 18 OF THE FRAMEWORK CONVENTION
Present situation
Positive developments
184. The
Advisory Committee notes that the Czech Republic has concluded bilateral
agreements touching upon the protection of persons belonging to national
minorities.
Recommendation
185. The
Advisory Committee encourages the Czech Republic to continue its relevant
efforts in the field of bilateral co-operation.
186. The Advisory Committee considers that these
concluding remarks could serve as a basis for the conclusions and
recommendations to be adopted by the Committee of Ministers in respect of the
Czech Republic.
187. Since
the adoption of the Advisory Committee's first Opinion in April 2001 and the
Committee of Ministers' resolution in February 2002, the Czech Republic has
pursued and diversified its action to protect persons belonging to national
minorities, with the strategic objective of developing a genuine public policy
in this field. An annual assessment of the situation is carried out by the Government's
Council for National
188. In
the legislative field, in accordance with the National
189. Progress
has been noted as regards the adoption of sectoral legislation providing
protection against discrimination and the drafting of a comprehensive law on
equal treatment and protection against discrimination. A Centre for Equal
Treatment will be established as soon as this law has been adopted. Moreover, several
measures have been taken in recent years to promote tolerance and respect for
diversity and to improve inter-ethnic dialogue.
190. The
situation of the Roma has continued to be a priority of the Government, and renewed
impetus was recently given to governmental action in this area following the
revision of the integration policy concept for the Roma. Numerous measures have
been adopted to reduce the gap between Roma and the rest of the population in
most fields, improve the public image of the Roma and to combat their
marginalisation and social exclusion.
191. Although
significant advances have been made regarding the legislation on the protection
of national minorities, shortcomings in the practical implementation of the
relevant provisions have been reported, particularly at local level. In many
cases, local authorities appear unwilling to take measures in favour of persons
belonging to national minorities where the majority population is likely to
have reservations about such steps. These shortcomings are also exacerbated by
certain deficiencies in the legislation in question, particularly as regards
the criteria for determining the geographical areas concerned by such measures
and the procedures to be followed in order to benefit from them. The lack of
reliable statistical data on persons belonging to national minorities also has a
negative impact for the implementation of the relevant legislation.
192. Despite
positive developments, there is still room for improvement in fields such as the
use of minority languages in the public sphere, teaching of and in minority
languages and participation of national minorities in public affairs,
particularly at local level. Media access for persons belonging to national
minorities and education reflecting their culture and traditions also require
increased efforts.
193. Public
perception of persons belonging to vulnerable groups, such as the Roma, remains
problematic. The awareness-raising measures taken to enhance intercultural
dialogue, including in the media, have had a limited impact, and instances of
discrimination, intolerance and even violence against such persons are still
reported. The fact that representatives of the public authorities, including
law enforcement officials, are sometimes responsible for such behaviour remains
a matter for concern.
194. The
situation of the Roma is still a matter for deep concern in terms of both their
equality and their effective participation in public life. The Roma continue to
be discriminated against in most fields and to suffer from social exclusion and
marginalisation. The many governmental initiatives to improve their situation
in various respects have brought limited results. The difficulties they
encounter in the spheres of employment and housing, the continuing isolation of
Roma children within the education system, as well as allegations regarding
cases of sterilisation of Roma women without their informed prior consent,
should all be dealt with as a matter of priority.
195. Apart from the measures to be taken in
response to the detailed recommendations set out in sections I and II of the
Advisory Committee's Opinion, the authorities are encouraged to take the
following measures with a view to further improving the implementation of the
Framework Convention:
- Ensure
the effective implementation of the legislation relevant for the protection of
national minorities in various fields, particularly by encouraging local and
regional authorities to support the preservation and development of the essential
elements of the identity of persons belonging to national minorities.
- Speed
up the adoption of an anti-discrimination law and ensure its rapid
implementation, notably regarding the establishment of the Centre for Equal
Treatment; ensure more effective monitoring of the situation in this sphere,
using more varied means of data collection.
- Provide more
appropriate solutions to the difficulties encountered by Roma in a number of
fields, in consultation with them. As a matter of priority, take the necessary
steps to eradicate the practice of isolation of Roma children within the
education system and to ensure the proper handling, by the competent
authorities, of allegations and complaints of cases of sterilisation of Roma
women without their prior free and informed consent.
- Pursue
the efforts to combat intolerant or hostile police attitudes towards Roma and
other vulnerable persons by developing more appropriate training and
awareness-raising measures and ensuring more effective, impartial, independent monitoring
of police activities. Take additional awareness-raising measures targeting the
media, the judiciary and local authorities.
- Pay
more attention to the use of minority languages in the media, in relations with
administrative authorities and with regard to topographical indications.
- Reinforce
the intercultural dimension of education and, with regard to the teaching of,
and in, minority languages, ensure that the concrete situation of persons
belonging to national minorities, their real needs and their demands are duly
taken into account when implementing the new legislation on education.
- Enhance efforts to improve
participation in public affairs by persons belonging to national minorities,
particularly at local level, where it should be ensured that committees for
national minorities are established wherever the legal conditions are
fulfilled.
[1] “A community of citizens of the
Czech Republic, who live on the territory of the present Czech Republic and as
a rule differ from other citizens by their common ethnic origin, language,
culture and traditions; they represent a minority of citizens and they show
their will to be considered a national minority for the purpose of common
efforts to preserve and develop their own identity, language and culture, and at
the same time express and preserve interests of their community which have been
formed during history”.
[2] “A citizen of the Czech Republic
who professes other than Czech ethnic origin and wishes to be considered a
member of a national minority in common with other persons who profess the same
ethnic origin”.
[3] According to the results of the
2001 census, a “nationality” other than Czech was reported by 980,283 persons
(9,4% of the population). The largest groups concerned are the following:
380,474 Moravians (3.7%); 193,190 Slovaks (1.9%); 51,968 Polish (0.5%); 39,106
Germans (0.4%); 22,112 Ukrainians (0,2%); 14, 672 Hungarians (0.1%); 12,369
Russians (0,1%); 11,746 Roma (0.1%); 10,878 Silesians (0.1%).
[4] While the 2001 census figures
indicate that there are 11,746 Roma (0.1% of the population) and 23,211
speakers of the Roma language, unofficial estimates, which are not contested by
the authorities, put the real number of Roma living in the
[5] See the Government policy concept
for integration of the Roma, 2004.
[6] Government Resolution No. 98/2002
stipulating conditions and procedures for the award of subsidies from the state
budget for the activities of persons belonging to national minorities and for
promoting the integration of persons belonging to the Roma community.
[7] See, in this connection, Government
Resolution No. 663 of
[8] See, in this connection, European
Commission Against Racism and Intolerance (ECRI), “3rd Report on the
Czech Republic”, adopted on 5 December 2003, ECRI (2004) 22.
[9] Information provided by the “Report
on the situation of minorities in the Czech Republic in 2003”, annual report
prepared by the Secretariat of the Government’s National Council for
Minorities.
[10] Act No. 500/2004 Coll. on
Administrative Procedure (Code of Administrative Procedure).
[11] In accordance with the following legislation
in force in the field of local and regional self-government. Article 3 of Act
No. 117 N.1128/2000 Coll. on the municipalities, amended by Act No. 273/2001
Coll.; § 78 Article 2 of Act No. 129/2000 Coll. on the regions, amended by Act
No. 273/2001 Coll.; Article 2 of Act No. 131/2000 Coll. on the capital Prague.
[12] Act No. 301/2000 Coll. on
registers, names and first names, and the amendment of certain laws.
[13] According to government sources, over
90% of the Roma children are enrolled in schools.
[14]
However, the new Education Act includes, for such situations, a clause
delegating the schoolmaster the power to set up bilingual subjects in school
educational programmes where necessary.