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ACFC/OP/II(2005)004 |
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Advisory Committee on the Framework
Convention for the Protection of National Minorities |
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_____________________________________ |
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Second Opinion on the adopted on |
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ACFC/OP/II(2005)004 |
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Advisory Committee on the Framework
Convention for the Protection of National Minorities |
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_____________________________________ |
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Second Opinion on the adopted on |
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EXECUTIVE SUMMARY
The
Shortcomings, however, remain in the legislative framework pertaining to
the protection of national minorities, including as regards the financing of
minority cultures and instruction in minority languages, where positive
practices need to be consolidated through more detailed legal guarantees.
Improvements have been recorded in recent years as regards
inter-community relations and intercultural understanding. Prejudices and
intolerance against certain groups, however, persist and hostile attitudes
toward the Roma need to be addressed. The continuing occurrence in recent years
of a significant number of racially motivated crimes and incidents poses
particular challenges.
The overall situation of the Roma continues to be a matter of deep
concern. In the field of education, the persistence of various forms of
exclusion and segregation affecting Roma children has not been adequately
addressed so far. Serious problems persist in different societal settings, such
as employment, housing and health care, a domain in which recent legislative
changes still need to be fully reflected in practice. The participation of Roma
in public affairs remains insufficient.
TABLE OF CONTENTS
Tolerance and intercultural dialogue
II. ARTICLE-BY-ARTICLE FINDINGS
Article 3 of the Framework Convention
Article 4 of the Framework Convention
Article 5 of the Framework Convention
Article 6 of the Framework Convention
Article 9 of the Framework Convention
Article 10 of the Framework Convention
Article 11 of the Framework Convention
Article 12 of the Framework Convention
Article 14 of the Framework Convention
Article 15 of the Framework Convention
Article 18 of the Framework Convention
ADVISORY COMMITTEE ON THE
FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
SECOND OPINION ON
Prep-Opinion
1.
The Advisory Committee adopted
the present Opinion on 26 May 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 State Report
(hereinafter the State Report), received on 3 January 2005 and other written
sources and on information obtained by the Advisory Committee from governmental
and non-governmental contacts during its visit to Košice and Bratislava from
4-6 April 2005.
2.
Section I below contains the
Advisory Committee’s main findings on key issues pertaining to the
implementation of the Framework Convention in
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
4.
The concluding remarks,
contained in Section III, could serve as the basis for the Committee of
Ministers’ forthcoming conclusions and recommendations on
5.
The Advisory Committee looks
forward to continuing its dialogue with the authorities of
Main-Findings
6.
7.
The Advisory Committee notes,
however, that apart from the aforementioned follow-up seminar, very little has
been done by the authorities in terms of awareness-raising on the monitoring
results of the first cycle. Many NGOs and other relevant representatives of
civil society were not informed about the preparation of the State Report and
their views were not sought by the Government, which merely published the draft
State Report on its website shortly before its adoption. The Advisory Committee
expressed the hope that a more inclusive method of consultation would be
followed in future monitoring cycles. This could have enriched the content of
the State Report, especially as concerns the implementation in practice of the
relevant norms, bearing in mind that the State Report makes almost no reference
to the findings and recommendations contained in the first Opinion and in the
first Resolution.
8.
Since the adoption of the first
Opinion of the Advisory Committee,
9.
It is positive to see that
achievements as regards linguistic rights of national minorities do not appear
to have been hindered so far in practice by undue interpretations of the 1995
State Language Law. Further legislative efforts are still needed in other
important areas, such as education and the financing of minority cultures,
where more detailed guarantees would consolidate some positive practices that
already exist. A draft law on national minorities, which would address the
overall status of national minorities in
10.
The adequate implementation of
the rights of persons belonging to national minorities requires, in a number of
fields, data on the number of persons concerned. The 2001 census is crucial in
this context, particularly in view of the lack of reliable data highlighted by
the Advisory Committee during the first monitoring cycle. The questions asked
in the 2001 census, the approach adopted in organising it, and the results that
have been published all suggest that the more reliable data generated will help
to remedy many of the identified shortcomings. At the same time, it is
important to bear in mind that census results can only be regarded as one of
the indicators of a national minority’s size, especially since it is widely
suggested that they do not fully reflect the real number of persons belonging
to national minorities, especially the Roma. The allocation of state support
for cultural initiatives and the activation of linguistic rights are therefore
two important areas where the need to take into account complementary data is
crucial, as the over-reliance on census data in these sectors may be
detrimental to certain minorities.
11.
Notwithstanding progress made
in data collection through the 2001 census, there remain key areas (e.g. access
to health care, employment and education) where the authorities still lack the
data they need to assess the problems of certain vulnerable groups, such as the
Roma, and particularly Roma women. In the future, data will therefore have to
be collected in these areas, in a manner that respects the principles of data
protection and ensures that the data is provided voluntarily and that the
people concerned are informed about the methods and purpose of data collection.
The recent publication, by the Plenipotentiary for Roma Communities, of a
comprehensive demographic study on the Roma settlements is an encouraging
example of data collection relying on sources other than the census. It also
demonstrates that the data protection legislation does not exclude further data
collection targeting specific groups.
Tolerance
and intercultural dialogue
12.
While there have been
improvements in recent years as regards inter-community relations and
intercultural understanding, which have resulted in minority issues being now
perceived in a more positive way by the population, prejudices and intolerance
against persons belonging to certain groups, particularly the Roma and
immigrants, continue to be reported. For example, the way in which issues such
as the 2004 social reform and the subsequent unrest in
13.
The persistence of racially
motivated crimes, which are on the rise according to official statistics,
constitutes another matter of concern despite valuable efforts made by the
authorities to address these problems more vigorously. In this context, it is
essential that the racist motive of such crimes is recognised, and that a more
effective protection of the persons at risk is ensured. Given the frequent
allegations of police abuse against the Roma, the administrative monitoring mechanisms
in place could be reviewed so as to ensure a reliable and independent complaint
system that can undertake prompt, impartial and effective investigations into
allegations of ill-treatment by the police.
14.
The overall situation of the
Roma minority remains worrying and the “Basic Positions” formulated in 2003 by
the Government with a view to setting mid- and long-term measures in the fields
of education, employment, social affairs, housing and health, remain, to a
large extent, to be implemented. Indeed, many Roma still face severe
difficulties and discrimination in a number of areas, including access to
employment and housing, particularly in informal settlements with sub-standard
living conditions. As regards the health care situation, a number of positive
measures have been taken, and some important guarantees have recently been
introduced in the relevant legislation to better respect the reproductive
rights of Roma women. Segregating measures affecting the Roma, however, are
reportedly still in place, such as physical separation from non-Roma patients
in certain hospitals or special consulting hours by certain doctors. Existing governmental
measures should be intensified to tackle such problems with more determination,
including through public awareness-raising activities and increased efforts to
adapt health care services to the linguistic and other needs of the Roma, in
particular Roma women.
15.
A number of positive steps have
been recorded in the field of education since the adoption of the first
Opinion. The most significant measure was certainly the parliamentary adoption,
in October 2003, of an Act establishing the
16.
The existence of a commendable
network of schools providing either instruction in minority languages or
bilingual education is an important contribution to the realisation of the
rights of several minorities. Furthermore, the Roma language has been
introduced as an auxiliary language of instruction in a few educational
institutions at different levels, which should pave the way for a further
development of similar measures in other establishments, as well as additional
efforts in terms of teacher training. In order to fully reflect these positive
practices and consolidate them in the future, more detailed guarantees could be
introduced in the relevant legislation, and restrictions linked to the
citizenship requirement could be eased.
17.
The educational situation of
Roma children remains a subject of special concern as many of them continue to
be unduly placed in special schools designed for mentally disabled pupils. Even
when they attend regular primary schools, various forms of segregation and
isolation are still in place and contribute to their receiving an education of
a lower quality. Efforts made to counter these phenomena have yielded only
limited results so far, not least because the commendable objectives and
priorities set in the governmental strategies are not consistently implemented
in practice by the relevant ministries, which do not all manifest the same
degree of commitment. The potential impact on Roma children of recent measures
aimed at promoting increased decentralisation in the field of education merits
particular attention, notably at pre-school level.
18.
The representation of persons
belonging to several national minorities in the Parliament and in local
government authorities has increased since the adoption of the first Opinion.
It is equally positive that the Government has continued to consult the Council
of National Minorities and Ethnic Groups on relevant affairs. There may,
however, be scope to involve this body and other representatives of national
minorities more consistently in decision-making, in particular as regards the
legislative reforms currently being considered by the Government. As regards
the representation of national minorities in the civil service, there have been
calls to make it more adequate, particularly for numerically smaller minorities
and for the Roma within the police service in particular. As regards the Roma
and especially Roma women, their involvement in the taking of decisions which
affect them is insufficient and there is a need for the authorities tasked to
implement the governmental policies to develop more effective partnerships with
Roma organisations.
19.
A number of positive comments
have been made by various sources on the administrative reform process
promoting decentralisation and its positive effects for persons belonging to
national minorities in such fields as education and culture. However, fears
have been expressed that this process may also have a negative impact on the
level of participation of these persons. Against this background, it is
important for the authorities to continue to ensure that minority participation
at the regional level is given adequate attention in the future, for example
through the creation of commissions dealing with minority issues, as was
recently done in the region of Košice.
II.
ARTICLE-BY-ARTICLE
FINDINGS
Article 3 of the Framework Convention
Citizenship
criterion
Findings of the first cycle
20.
In its first Opinion on
Present situation
Outstanding issues
21.
The Advisory Committee notes
that the Slovak legal order seems to limit the availability of rights and
facilities to those persons belonging to national minorities who hold Slovak
citizenship. The Advisory Committee agrees that a citizenship criterion can be
a legitimate requirement in relation to certain measures taken in accordance
with the principles of the Framework Convention. This can be the case, for
example, as regards certain political rights available to persons belonging to
national minorities. A generally applicable citizenship criterion is, however,
problematic in relation to guarantees in many fields covered by the Framework
Convention.
22.
Citizenship can in particular
hardly be seen as a reasonable criterion to authorise a person belonging to a
national minority to make use of his or her language in official dealings. Although
the Advisory Committee is not aware of cases in which the administrative
authorities concerned have refused to communicate with a person in a minority
language on the ground that that person is not a Slovak citizen, Article 2(3)
of the 1999 Law on the Use of National Minority Languages is excessively
restrictive in that it explicitly reserves this right to “citizens” of the
Slovak Republic.
23.
Similarly, the Advisory
Committee is not aware of cases in which the educational authorities concerned
would have refused to accept a pupil not holding the Slovak citizenship in a
class held in his or her minority language. Article 34 of the Constitution and
Article 3 of the Law on the System of Elementary and Secondary Schools,
however, appear excessively restrictive in that they explicitly reserve this
right to “citizens” of the
Recommendation
24.
Consideration should be given
to easing the current restriction of linguistic rights under the 1999 Law on
the Use of National Minority Languages to Slovak citizens only. The same
consideration should be given to easing the current restriction of the right to
education in the mother tongue, under the Constitution and the Law on the
System of Elementary and Secondary Schools, to Slovak citizens only.
Data collection
Findings of the first cycle
25.
In its first Opinion on
26.
The Advisory Committee
urged the authorities to examine alleged administrative practices consisting of
collecting personal ethnic data without the consent of the individuals
concerned. In doing so, the authorities were invited to fully take into
account, inter alia, the principle of
personal data protection and respect the voluntary nature of such data
collection.
Present
situation
a)
Positive developments
27.
A general census of the
population was carried out in 2001, the results of which have now been
published[1].
The Advisory Committee considers it positive that the said census contained
questions, inter alia, on the mother
tongue and the national affiliation of the respondents. These responses are
considered personal data and therefore protected by Act No. 428/2002 Coll. On
the Protection of Personal Data. It is also positive that the forms used were
translated into minority languages, including in the Roma language, that Roma
volunteers were recruited to encourage self-identification and that the
Government supported an information campaign in minority languages, so as to
raise awareness about the importance of the census.
28.
The Advisory Committee welcomes
the publication in 2004, by the Office of the Plenipotentiary for Roma
Communities, of a demographic study on the Roma settlements in
29.
Reports indicating
non-voluntary collection of personal ethnic data carried out without clear
legal basis in, for example, the armed forces and governmental employment
offices, have no longer been signalled to the Advisory Committee.
b)
Outstanding
issues
30.
While the 2001 census produced
quality data in a range of sectors and its results will be instrumental to
design and implement current and future state policies for national minorities,
it is at the same time important to continue to rely on additional data. Indeed
census data does not always properly reflect the real situation: this is in
particular the case as concerns the Roma, whose estimated number - including in
the Roma study - is much higher than the 2001 census results suggest[2].
The Advisory Committee considers that the allocation of state support for
cultural initiatives and the activation of linguistic rights are two important
areas where the need to take into account complementary data is crucial, as the
over-reliance on census data in these sectors may be detrimental to the Roma
(see related comments under articles 5 and 10 below).
31.
Although the situation of
minorities appears to be monitored fairly accurately through the collection of
data in some areas, such as education, monitoring still seems to be largely
insufficient in many other fields, such as access to employment and health
care. The authorities need more precise data, broken down not only by minority,
but also by gender and geographical area, as was the case in the Roma study, in
order to ensure that policies and measures designed to help persons belonging
to minorities are effective. In this respect, the Advisory Committee notes that
the data protection legislation does not exclude further data collection, as
evidenced by the methodology chosen and the guarantees given in the preparation
of the Roma study.
Recommendation
32.
Article 4 of the Framework Convention
Legal and institutional protection against
discrimination
Findings of the first cycle
33.
In its first Opinion on
Present situation.
a)
Positive developments
34.
The Advisory Committee welcomes
the numerous measures taken by the Slovak authorities since the first
monitoring cycle to improve the legal and institutional framework and
enforcement procedures in the area of equality and the prohibition of
discrimination. Act No. 365/2004 Coll. On Equal Treatment in Certain Areas and
Protection against Discrimination (Anti-discrimination Act), amending and
supplementing certain other laws, was adopted on
35.
It will be possible to assess
more fully how the Anti-discrimination Act, which entered into force in July
2004, is working in practice once judicial decisions are available and NGOs and
minority associations have gathered sufficient practical experience of this
instrument. It seems, however, that a number of complaints have been received
so far alleging discrimination in social welfare as well as in employment
relations and there may be a need to ascertain whether persons belonging to
certain minorities, like the Roma, are frequently among the complainants.
36.
Constitutional Act No. 564/2001
Coll. on the Public Defender of Rights established the institution of the
Ombudsman in
b)
Outstanding
issues
37.
Article 8, paragraph 8 of the
Anti-discrimination Act, which provides for the possibility to adopt specific
positive measures to address disadvantages linked to racial or ethnic origin,
has regrettably not entered into force to date. As proposed by the
38.
The Advisory Committee recalls
that Article 4 of the Framework Convention and the related paragraphs of the
explanatory report, as well as other international human rights instruments,
make it very clear that special measures are not only legitimate but may even
be required under certain circumstances in order to promote full and effective
equality in favour of persons belonging to national minorities. Provided they
are in conformity with the proportionality principle, such measures shall
therefore not be considered an act of discrimination. The Advisory Committee is
of the opinion that without such measures being taken, it is extremely
difficult to reach full and effective equality between persons belonging to
vulnerable minorities and those belonging to the majority. Moreover, it is to
be noted that a number of institutional arrangements and special measures have
already been introduced in Slovakia, such as the post of Plenipotentiary for Roma
communities as well as the recruitment of Roma social workers and school
assistants. In this context, there is reason for concern that the current
constitutional dispute may have a chilling effect or even a negative impact on
such laudable initiatives.
39.
As regards the fight against
discrimination and the promotion of effective equality, improvements are
required in the area of monitoring so that the results of governmental policies
and measures can be assessed more effectively. It appears, for example, that
out of the numerous applications lodged in these areas with the Ombudsman or
with the competent authorities on the basis of the Anti-discrimination Act, a
significant number seem to concern persons belonging to national minorities,
including the Roma. Generally speaking, the authorities do not seem to gather
adequate data on the implementation of the pertinent legislation pertaining to
discrimination, including the number of civil and criminal cases brought before
the judiciary and information on the resulting decisions.
Recommendation
40.
The authorities are invited to
step up their efforts to ensure prompt and full implementation of the new
Anti-discrimination Act, including by providing the necessary support to the
Slovak National Human Rights Centre.
Situation of the Roma
Findings of the first cycle
41.
In its first Opinion, the
Advisory Committee welcomed the fact that the Government had designed a range
of initiatives - including through the 1999 Roma Strategy - aimed at promoting
full and effective equality for the Roma, but stressed at the same time that
adequate attention was to be paid to, and resources allocated for, their
implementation. In its corresponding Resolution, the Committee of Ministers
pointed out that, despite efforts made, real problems concerning the Roma
remained, in particular discrimination in various fields and the extremely wide
socio-economic differences with the majority population.
Present situation
a) Positive developments
42.
The Advisory Committee is
pleased to note that governmental initiatives aimed at promoting full and
effective equality for the Roma are regularly reviewed and supplemented in a
constant effort to increase their efficiency. For example, in 2002, the Slovak
Government approved its priorities with regard to the Roma communities on the
basis of a detailed evaluation of the state of implementation of the 1999 Roma
Strategy. In 2003, the Government formulated its “Basic Positions on the Roma
Communities’ Integration Policy” (hereinafter: the “Basic Positions”), which
lists several mid- and long-term measures in key areas, such as education,
employment, the social sector, housing and health.
43.
One chapter of the “Basic
Positions” is entitled “Affirmative action – achieving equal opportunities”. It
stresses the relevance of such action to ensure equal opportunities, while
stating that they are compatible with Articles 12 and 34 of the Constitution
and provided for in international human rights instruments, including the
Framework Convention. More generally, it is positive to see that the “Basic
Positions” identify concrete shortcomings and even violations of the rights of
the Roma when formulating priority actions in the various fields concerned. This
approach should help measure the efficiency of the priority actions in future
evaluations of government policies.
b) Outstanding issues
44.
The commendable objectives set
in the “Basic Positions” and the various priorities expressed therein are not
always consistently implemented in practice. Responsibility for implementation
lies with the competent ministries, which do not all manifest the same degree
of commitment towards the common objectives and the same approach to basic
concepts. For example, some ministries seem to have shown reluctance to endorse
the concept of special measures in their sphere of activities and to take
ethnic background into account to target their measures. Furthermore, delays
have been noted in the introduction of planned measures, such as the Social
Field Workers Programme. The Plenipotentiary for Roma Communities, whose main
role is to coordinate the implementation between the various ministries
concerned, does not seem to have sufficient powers to redress such
shortcomings.
45.
As a general point, the
Advisory Committee underlines that the involvement of representatives of the
Roma communities both in the assessment made of the 1999 Roma Strategy and in
the formulation of the “Basic Positions” does not seem to have been sufficient,
despite the adequate representation of Roma staff members in the office of the
Plenipotentiary for the Roma Communities (see related comments under Article 15
below). It is indeed essential to treat the Roma as key partners in such
programmes and to consistently associate them in the design, implementation and
monitoring of the various measures taken by the different ministries.
46.
While bearing in mind that most
measures envisaged to improve the socio-economic situation of the Roma require
mid- and long-term efforts, the Advisory Committee notes that the impact of the
1999 Roma Strategy and the “Basic Positions” has not yet been up to the level
of expectations in key sectors, such as education (see related comments under
Article 12 below), housing and employment. For example, numerous concurring
reports suggest that there has been no tangible improvement concerning the
living conditions in most of the Roma settlements, where sub-standard living
conditions continue to prevail. Many of these settlements are still without
basic sanitary facilities, heating, running water, electricity and with
insufficient access to health care facilities. Similarly, inconsiderable
progress has been recorded in the chronic underemployment of the Roma
population.
47.
The Advisory Committee notes
that negative consequences of the 2004 reform of the social aid policy are
still widely felt among disadvantaged groups, in particular among the Roma.
While the general aim of the reform was to eliminate systematic shortcomings of
the former system, which the authorities saw as discouraging people from seeking
employment, the new system has affected the poorest families particularly
harshly, especially those with several children, living in economically
depressed areas with very few employment opportunities. Indeed, measures such as
the introduction of a limit on the total amount paid for dependency allowances,
regardless of family size, particularly affected many Roma families with several
children. The new definition of material hardship, based on a distinction
between “subjective” or “objective” reasons, where lower benefits are allocated
for “subjective” reasons, have meant that many unemployed Roma are now
receiving lower levels of payments. It is, however, widely acknowledged that in
many municipalities with large Roma communities, especially in
48.
Certain corrective measures
have been taken by the authorities following social unrest in
Recommendations
49.
Stronger support and more
determined action is required from the various ministries for the overall
implementation of the 2003 “Basic Positions”, including addressing the
situation of informal settlements and providing them with basic infrastructure
on a non-discriminatory basis. In so doing, care should be taken to consult the
Roma more consistently, including in the evaluation phase.
50.
The authorities should monitor
both the direct and indirect consequences of the 2004 social reform, in
particular in the fields of education and housing, for disadvantaged groups,
including the Roma and in particular
Roma girls and women. Any resulting negative impact on the full and
effective equality of these groups should be addressed.
Allegations
concerning the sterilisation of Roma women without their prior free and
informed consent and discrimination of Roma in access to health care
Findings of the first cycle
51.
In its first Opinion, the
Advisory Committee expressed particular concern about credible reports
concerning de facto discrimination in particular against Roma in health
care facilities.
Present situation
52.
Following NGO allegations of
sterilisation of Roma women without their prior free and informed consent, the
authorities initiated criminal investigations on the basis of “genocide” as
defined by Slovak criminal law. These investigations were closed in October
2003 as they did not establish the commission of such a crime against the Roma
population. In the context of these criminal investigations, the Ministry of
Health set up a commission composed of gynaecology and obstetrics experts to
carry out an inspection of medical records covering a period of several years,
including in the medical establishments of Krompahy and Gelnica. This
inspection, which reportedly did not include sufficiently independent
expertise, did not find grounds to sustain the commission of genocide,
segregation or discriminatory practices. Consequently, the Government did not
accept any political responsibility for the performance of alleged illegal
sterilisations as such sterilisations were not deemed to have ever been an
official policy in
53.
The Advisory Committee, which
has discussed these issues extensively with the authorities in the context of a
follow-up seminar organised in Bratislava on 8 July 2003, recalls that other
international bodies have expressed concern at the above-mentioned allegations
of forced sterilisations and at the way in which these have been investigated
at the domestic level, as well as issued recommendations on the subject[4].
Encouraged by these various calls to pursue investigations further with a view
to identifying and remedying any systematic problem detected in the access of
Roma to health care in Slovakia, the Government has subsequently identified
shortcomings in the health care legislation and concluded that administrative
irregularities in the way in which consent to sterilisation was being obtained
from patients had been committed by certain doctors and medical establishments.
This led the Government to adopt an important resolution[5]
instructing the Ministry of the Interior and the Ministry of Health to take a
range of measures and to initiate, inter alia, amendments to the
relevant health care legislation.
54.
The Advisory Committee welcomes
the adoption by the Parliament, on
55.
The authorities informed the
Advisory Committee, during its visit to
56.
As regards discrimination more
generally in the access of the Roma to health care, the Advisory Committee
notes with concern persisting allegations of segregating measures at the
expense of the Roma, including physical separation from non-Roma patients in
certain hospitals or special consulting hours by certain doctors. Many Roma
settlements lack health care facilities and services within a reasonable
distance, and ambulances and doctors appear at times to be reluctant to enter
Roma settlements when called upon to intervene. It is positive that the “Basic
Positions” of the Government clearly acknowledge such phenomena and stress the
need to tackle them.
Recommendation
57.
The authorities should continue
to closely monitor judicial developments in civil proceedings and, if need be, should
consider the reopening of criminal investigations for bodily harm or other
criminal offences. Efforts should also be made to ensure that legislative
amendments aimed at reinforcing guarantees linked to free and informed consent
and access to medical files are consistently applied in practice. As regards
non-discriminatory access of the Roma to health care, existing measures should
be intensified to tackle remaining problems more vigorously, including through
public awareness-raising activities and increased efforts to adapt health care
services to the linguistic and other needs of the Roma, in particular Roma
women.
Article 5 of the Framework Convention
Conditions
enabling national minorities to maintain and develop their culture
Findings of the first cycle
58.
In its first Opinion, the
Advisory Committee welcomed that increased efforts had been made to promote the
conditions necessary for persons belonging to national minorities to maintain
and develop their culture. In the corresponding Resolution, the Committee of
Ministers emphasised that legal guarantees pertaining to some articles of the
Framework Convention needed to be strengthened.
Present situation
a) Positive developments
59.
The Advisory Committee notes
that there are plans to prepare a draft law on national minorities as well as
to initiate the modification of several sectoral legislative provisions so as inter
alia to make them fully compatible with the new commitments undertaken by
Slovakia at the time of the ratification of the European Charter for Regional
or Minority Languages in 2001.
60.
Further efforts have recently
been intensified to complete the legislative framework pertaining to
minorities. A draft law on the financing of minority cultures is being
finalised and is expected to be transmitted to the Parliament in 2005. This
draft mainly aims at ensuring more transparency and stability in state support
for minority cultures since the current funding system only relies on ad hoc
governmental resolutions. The representatives of several minorities, such as
the Hungarians, but also the numerically smaller minorities like the Ruthenians
and the Germans, have explained that such a law would help them to develop more
sustainable initiatives to preserve their culture.
61.
The Advisory Committee notes
with satisfaction that there has been a substantial increase in the allocation
of financial support to minorities by the Ministry of Culture from 2001 to
2004.
b) Outstanding issues
62.
The draft legislative changes
currently under preparation do not seem to be well known among representatives
of national minorities and NGOs involved in these matters. Their consultation
in due course on such important changes will be essential to ensure that their
needs are given proper attention by the authorities. Although a certain priority
seems to have been given to the draft law on the financing of minority
cultures, which appears to be politically less controversial, some delays have
been noticed in the preparation of this piece of legislation which had been
announced for quite some time.
63.
The Roma have for many years
proportionally received much less financial support from the Ministry of
Culture than other minorities. The Ministry of Culture, which partly recognises
this state of affairs while stressing that the imbalance has been significantly
reduced since 2001, considers that it has to base its financial allocations on
the figures resulting from the 2001 census, i.e. 89,920 Roma. The Advisory
Committee, however, recalls that the authorities should not rely exclusively on
census figures when designing, implementing and monitoring measures and
policies in favour of minorities (see related comments under Article 3, “data
collection”, above). Indeed, other indicators like surveys or scientific
studies – notably the aforementioned Roma study - may be used as well. This is
all the more the case when it is widely acknowledged, including by the
authorities, that the census results are well below the actual number of Roma.
More generally, the Advisory Committee recalls that as regards cultural support,
numerical considerations should not systematically determine state action as
the promotion of a minority culture represents an objective per se.
Recommendations
64.
The authorities are encouraged
to speed up their efforts to complete the legislative framework pertaining to
the financing of minority cultures and the protection of national minorities,
while ensuring proper participation of representatives of national minorities
in this process.
65.
Article 6 of the Framework Convention
Tolerance
and intercultural dialogue
Findings of the first cycle
66.
The first Opinion and the
corresponding Resolution recognised improvements in inter-community relations.
A certain lack of spirit of tolerance and of intercultural dialogue was,
however, regretted particularly vis-à-vis the Roma, who were still victims
of negative stereotypes often strengthened by the media.
Present situation
a) Positive developments
67.
Efforts made by the authorities
to improve the climate of tolerance and intercultural understanding appear to
have relaxed relations between the majority population and national minorities.
For example, recent opinion poll results suggest that minority issues are
perceived as a risk and/or in a negative way by an increasingly smaller part of
the population.
b) Outstanding issues
68.
Despite improvements, prejudices
against persons belonging to certain groups, particularly Roma and immigrants,
continue to be reported in
Recommendation
69.
The authorities should pursue
further their efforts to promote tolerance and intercultural dialogue in
education, the media and other fields. In the case of the media,
self-regulatory and monitoring bodies should pay increased attention to the
above-mentioned phenomena and combat them more vigorously; in this context,
consideration could also be given to developing journalist training.
Police
and ethnically motivated incidents
Findings of the first cycle
70.
In its first Opinion on
Present situation
a) Positive developments
71.
Criminal provisions have been
strengthened in recent years: Act No. 253/2001 Coll. amending and supplementing
the Criminal Code introduced a more comprehensive definition of racially
motivated criminal acts. This addition was included to ensure that the courts
would take racial motivation into account when examining attacks against the
Roma. Some tribunals had previously been reluctant to do so on the ground that the
Roma are part of the Slovak population.
72.
A Commission for racially
motivated crime, made up of representatives of several ministries but including
also NGOs, was set up within the Ministry of the Interior in 2001. This
Commission mainly aims to monitor ethnically motivated incidents, extreme right
and skinhead activities as well as to propose and coordinate measures to
counter these phenomena.
73.
Internal guidelines have been
issued by the Ministry of the Interior on the procedure and practices to be
followed by the police in cases of alleged racially motivated violence.
Specific posts have been created within the Police Presidium as well as in regional
police offices to deal with such cases and police officers have been trained,
in co-operation with NGOs, on the methodology to follow and practical steps to
take. A pilot project was launched in 2005 in the regions of Presov and Košice
with a view to recruiting specialist staff members within the police, whose
main role is to improve communication with Roma communities and ensure full
respect for the human rights of the Roma in all police interventions.
b) Outstanding issues
74.
There is reason for concern
about the continuing occurrence of racially motivated crimes and incidents in
the country mainly against Roma and other vulnerable groups, as noted also by
other international bodies[7].
While the authorities argue that such crimes have recently diminished in their
most extreme form of violence, official statistical data clearly indicates an
important rise of reported ethnically motivated incidents from the year 2000
onwards. The Advisory Committee recognises that this rise is partly due to the
efforts made by the authorities to sensitise both the police and the victims to
the importance of the issue. These efforts have, for example, resulted in the
police being less hesitant to qualify an alleged crime as racially motivated, and
also in progress in addressing the prevailing mistrust between the police and
the victims, notably the Roma. The trend observed in statistics nevertheless
calls for intensified state action in this field, without which the
implementation of Article 6 of the Framework Convention in
75.
Allegations of police abuse,
ill-treatment and verbal insults against Roma are still reported, including in
the context of police interventions in informal settlements. A number of such
disturbing complaints have been raised in the context of massive police and
armed forces intervention following the social unrest which took place in early
2004 in
Recommendations
76.
77.
The authorities should review
the administrative mechanisms in place in cases of offences allegedly committed
by police officers so as to ensure that a reliable and independent complaint
system is introduced to undertake prompt, impartial and effective
investigations into allegations of ill-treatment by the police.
Article 9 of the Framework Convention
Broadcasting
for minorities
Findings of the first cycle
78.
In its first Opinion, the
Advisory Committee noted with approval the Government’s increasing support for
electronic and print media of national minorities and welcomed the broadcasting
of programmes in minority languages on public television and radio, but
suggested that more detailed legislative provisions in this field could be
helpful. It also regretted the fact that very little broadcasting time was
devoted to radio programmes in the Roma language. Finally, the Advisory
Committee drew attention to certain provisions in the State Language Law of
1995, such as Article 5(6), that could lead to undue limitations on the freedom
to receive and impart information and ideas in minority languages, and invited
the authorities to address this issue.
Present situation
a) Positive developments
79.
Act No. 16/2004 Coll. of
b) Outstanding issues
80.
While recognising that the
State Language Law does not seem to have had a negative impact on broadcasting
in minority languages so far and that no warnings or sanctions for
non-compliance or violations of the said law have been reported, the Advisory
Committee considers it important that continuous attention be paid to ensuring
freedom to receive and impart information and ideas in minority languages.
81.
The Advisory Committee is not
aware of any increase in the programmes broadcast in the Roma language, which
are quite limited (30 minutes a week).
Recommendation
82.
The authorities are invited to
continue and develop their commendable practices as regards minority language
broadcasting, including by expanding programmes for the Roma minority, and
ensure that no undue interpretation of the State Language Law hinders these
achievements.
Article 10 of the Framework Convention
Use of
minority languages in relations with administrative authorities
Findings of the first cycle
83.
In its first Opinion, the
Advisory Committee considered that the adoption of the Law on the Use of
National Minority Languages in 1999 significantly improved the legal protection
of minority languages, in particular through the 20% threshold it introduced. However,
the Advisory Committee considered it essential to address the reported problems
concerning its implementation, such as the lack of language skills in the offices
concerned, and ensure that, as lex
specialis, the law on minority languages consistently takes precedence over
the State Language Law in practice. In the corresponding Resolution, the
Committee of Ministers stressed that despite recent improvements in the legal
status of minority languages in official contacts, the legislative framework
touching upon languages still contains shortcomings.
Present situation
a) Positive developments
84.
Progress has been reported in
the implementation of the 1999 Law on the Use of National Minority Languages
since the first monitoring cycle. In a number of municipalities concerned by
the scope of this piece of legislation, concrete steps have been taken to
facilitate and encourage the official use of minority languages.
b) Outstanding issues
85.
While the changes brought about
by the 1999 Law on the Use of National Minority Languages remain largely
positive, certain aspects of the law and its implementation in practice remain
problematic from the point of view of Article 10 of the Framework Convention
and would deserve further attention by the authorities.
86.
This is particularly the case
for the citizenship requirement, which has been covered elsewhere in the Opinion
(see related comments under Article 3 above). Another problematic issue is the
criteria used to determine whether or not the 20% threshold is reached in a
given municipality. Indeed, Article 2(1) of the 1999 Law on the Use of National
Minority Languages exclusively refers to the results of the 1991 census in this
respect, and takes account of Slovak citizens only. As indicated by the
Government in the State Report, the list of municipalities in which the
citizens of the
87.
As a matter of principle, the
Advisory Committee would like to point out that, when the Slovak authorities
use percentages as the basis for establishing whether the use of minority
languages in relation with administrative authorities is admissible, they
should not rely too strictly on figures taken from the latest census. Since
Article 10, paragraph 2 of the Framework Convention refers also to areas which
have been “traditionally” inhabited by persons belonging to a national
minority, the demographic structure of the area in question could be considered
over a longer period of time in order to ascertain the existence of sustainable
demographic trends. This is particularly relevant when it comes to withdrawing
existing linguistic facilities in certain municipalities, a measure that should
be taken with extreme caution only. Moreover, the Advisory Committee recalls
that census results can only be regarded as one of the indicators of a national
minority’s size especially when elements suggest that they do not fully reflect
the real number of persons belonging to national minorities, as is the case for
the Roma (see related comments under Article 3 above).
88.
Information on the practical
implementation of the 1999 Law on the Use of National Minority Languages
remains insufficient. It is for example difficult for the Advisory Committee to
ascertain the extent to which the alleged lack of linguistic skills in the
offices concerned represents a problem. In this context, Article 7 of the 1999
Law on the Use of National Minority Languages, which explicitly states that
employees of the public administration shall not be required to have a command
of a minority language does not seem to represent the best incentive to improve
the situation. There may be a need for the Government to consider developing
language training and other measures for the civil servants based in the
municipalities where the use of minority languages in relations with
administrative authorities is admitted.
Recommendation
89.
As regards the determination of
the list of municipalities in which the public use of minority languages is
admitted, the authorities are invited to be prudent in the use of figures taken
from the 2001 census and not to rely solely on these. They are also invited to
act with extreme caution when considering the possible withdrawal of linguistic
facilities in certain municipalities. The need for further language training
and other accompanying measures, such as the recruitment of civil servants from
among national minorities, should also be examined.
Article 11 of the Framework Convention
Personal
names
Findings of the first cycle
90.
In its first Opinion, the
Advisory Committee noted with satisfaction that legislative provisions existed
aimed at protecting the rights of persons belonging to national minorities to
use their first names in a minority language and the right to official
recognition of them, but noted that disturbing reports suggested that the
Slovak form of a surname was still imposed in some instances on women belonging
to national minorities.
Present situation
Positive developments
91.
No reports on alleged forced
use of the Slovak form of a surname for women belonging to national minorities
have been brought to the attention of the Advisory Committee since the first
monitoring cycle.
Recommendation
92.
The authorities are invited to
remain attentive in this field and ensure that existing legal provisions on the
right to use personal names in a minority language are consistently implemented
in practice.
Article 12 of the Framework Convention
Segregation
of Roma children in schools
Findings of the first cycle
93.
In its first Opinion, the
Advisory Committee expressed deep concern about the reported undue placing of a
high proportion of Roma children in so-called special schools designed for
mentally disabled children, a practice not compatible with the Framework
Convention. More generally, the Advisory Committee encouraged the Government to
design and implement equal opportunities for access to education at all levels.
Present situation
a) Positive developments
94.
The disproportionately high presence
of Roma children[9] in special schools
reserved for mentally disabled children was identified as a specific problem
requiring immediate action in the 2003 “Basic Positions” of the Government. The
Government subsequently approved, in 2004, a Policy Concept of Integrated Education
of Roma Pupils and Youth, Including the Development of Secondary and Higher
Education. Implementation of this policy concept has been carried out mostly by
the Ministry of Education. This has included the revision and development of
the aptitude test procedure used to place children in special schools so as to
eliminate their culturally biased approach, as well as the launching of
experimental programmes intended to reintegrate Roma pupils attending special
schools back into regular schools in selected districts and regions.
95.
A certain number of young Roma
have been recruited as teachers’ assistants to facilitate the contacts with
Roma children in a number of schools, help them to cope with their language
problems and stimulate their school performance. Efforts have also been made to
increase the number of Roma pupils at pre-school level through the opening of
so-called “zero classes” in several primary schools. These and other positive
measures have been consolidated by Act No. 408/202 Coll. of 27 June 2002
amending Act No. 29/1984 Coll. on the system of Primary and Secondary Schools
(School Act) and subsequent instructions regarding pedagogical methodology issued
by the Ministry of Education.
b) Outstanding issues
96.
Despite efforts made by the
authorities, the Advisory Committee remains deeply concerned about the
situation of Roma children in the field of education. Measures taken to stop
the undue placing of Roma children in special schools designed for mentally
disabled pupils have yielded only limited results so far. A number of the
above-mentioned measures have been conceived only as experimental or pilots schemes.
They have therefore not been consistently implemented over a significant period
of time in all regions of
97.
The Advisory Committee finds it
alarming that even where Roma children attend regular primary schools, various
forms of segregation and isolation at their expense persist. Indeed, various
reports and surveys conducted for example in the districts of Bardejov, Spisska
Nova Ves and Prešov indicate that in many schools, Roma children account for
more than 50% of the pupils and in some cases even 100%, a state of affairs
which cannot be explained only by the fact that Roma reside compactly in these
regions. Such schools are usually said to be of a much lower quality and
perpetuate a worrying isolation of Roma children from their peers in the
majority population.
98.
Statistical data extracted inter
alia from the 2001 census, as well as other data provided by the Government
in the State Report, suggest that only limited progress is being made in improving
the level of attendance of Roma children at pre-school level as well as in reducing
school absenteeism, two problems that particularly affect the Roma minority and
hamper their equal access to education.
99.
Another issue that merits
particular attention by the authorities is the potential impact on Roma of
recent measures aimed at promoting increased decentralisation in the field of
education. While the general process of administrative decentralisation seems
to be largely welcomed by those concerned, including by persons belonging to
national minorities, fears have been expressed that the shift of responsibility
from the Ministry of Education to the municipal authorities for the funding of
kindergartens may eventually lead to a reduction in the level of attendance of
the Roma and other disadvantaged children. This unfortunate state of affairs
might indeed be due to the poor financial situation of certain municipalities,
which may be tempted to reduce their support for special measures for
disadvantaged pupils and/or have difficulties to keep their kindergartens open.
This element, coupled with the potential negative impact of the social reforms
on the Roma, renders specific monitoring of the situation necessary and, where
appropriate, the subsequent adoption of remedial measures (see related comments
under Article 4 above).
Recommendations
100.
101.
Successful measures to promote
equal opportunities for access to education should be generalised, such as the
recruitment of young Roma as teachers’ assistants, and attendance of Roma
children in kindergarten. In this context, care should be taken to ensure that
the recent decentralisation measures do not negatively affect the situation of
the Roma, including through special resources aimed to compensate the effects
of this decentralisation in favour of the most vulnerable persons in areas such
as pre-school education.
Article 14 of the Framework Convention
Minority
language education
Findings of the first cycle
102.
In its first Opinion, the
Advisory Committee welcomed the right, enshrined in Article 34 of the
Constitution, for persons belonging to national minorities to receive education
in their mother tongue but at the same time encouraged the adoption of more
detailed legislative guarantees in this field. It further noted that the Roma
language was recognised only in a very limited fashion and that no school
offered instruction in the Roma language, inter alia because of a lack
of qualified teachers. More generally, the Advisory Committee encouraged the
Government to strengthen its efforts in the field of teacher training given the
needs in this area.
Present situation
a) Positive developments
103.
In October 2003 the Parliament
adopted Act No. 465/2003 Coll. on establishing the
104.
In its 2002 Programme on
education, the Government committed itself to focusing on the creation of
further opportunities for the Ruthenian and Roma minorities to receive
education in their mother tongues. The Roma language is now used as an
auxiliary language of instruction in kindergartens, in preparatory grades of
primary and special schools with a high concentration of Roma pupils, in the
Secondary School of Fine Arts in Košice, in the private Gymnasium of Košice and
in the Department of the Roma Culture at the University of Constantine the
Philosopher in Nitra. Since 2002, at least three textbooks in the Roma language
have been approved and subsequently published by the authorities. Furthermore,
thanks to joint efforts by the Plenipotentiary for the Roma communities and the
Ministry of Education, the Roma language has been introduced in four pilot
projects focusing on secondary education, and a considerable number of Roma
language teachers should graduate in spring 2005. In this context, mention
should also be made of the preparatory work carried out since 2002, by the Roma
Culture Department of the Social Sciences Faculty at the
105.
The school reform implemented
in recent years, which inter alia resulted in the municipalities having
more responsibilities as regards funding, setting up of classes and
organisational matters, has been welcomed for its increased flexibility by a
number of representatives of national minorities, including the Hungarians.
b) Outstanding issues
106.
As was already emphasised in
the first monitoring cycle and notwithstanding the existence of a commendable
network of schools providing either instruction in minority languages or
bilingual education, Article 3 of the Law on the System of Elementary and
Secondary Schools is a provision of a very general nature. This provision
guarantees only to Slovak citizens belonging to the "Czech, Hungarian,
German and Polish and Ukrainian (Ruthenian) nationalities" the right to
education also in their mother tongue "to the extent necessary for the
interest of their national development". In addition to the need to
address the restriction of this provision to citizens only (see related
comments under Article 3 above), the Advisory Committee considers that there
remains a need to entrench more detailed legislative guarantees to consolidate
the existence of schools providing minority language teaching and to expand
certain guarantees to other minorities not explicitly mentioned, like the Roma.
This need could be addressed, for example, in the ongoing debate on the preparation
of a draft law on national minorities (see related comments under article 5
above).
107.
As regards the practical
situation of schools with instruction in a minority language, the attention of
the Advisory Committee has been drawn by representatives of the Hungarian
minority to the need for the authorities to pay increased attention to the
linguistic skills of school inspectors, who allegedly at times lack sufficient
knowledge of the minority language used in the educational institutions they
are tasked to supervise.
108.
Despite progress made in the
development of Roma language teaching and the interest expressed by those
concerned, few opportunities exist in practice for persons belonging to this
minority to attend classes with instruction in the Roma language. The Advisory
Committee is aware of the particular challenges ahead of the authorities to
improve this situation and in particular the difficulties linked to the
codification of the Roma language and the need to train more Roma teachers.
Nevertheless, the Advisory Committee is of the opinion that there is still
scope for improvement in this respect.
Recommendations
109.
Efforts should be made to
develop more detailed legislative guarantees in order to consolidate the
existence of schools providing minority language teaching and expand certain
guarantees in this field to other minorities not explicitly mentioned in the
current provisions.
110.
The authorities are invited to
intensify existing measures so as to create further opportunities to receive
Roma language teaching, including through the development of additional teacher
training programmes. Increased attention should be paid to the linguistic
skills of schools inspectors operating in educational institutions providing
instruction in a minority language.
Article 15 of the Framework Convention
Participation
of persons belonging to national minorities
in the decision-making process
Findings of the first cycle
111.
In its first Opinion, the
Advisory Committee welcomed that the Council of National Minorities and Ethnic
Groups was being consulted increasingly by the Government and expressed the
wish that the introduction of a public administration reform would be designed
in a manner that contributes also to the effective participation of persons
belonging to national minorities.
Present situation
a) Positive developments
112.
Following the 2002
parliamentary and municipal elections, the proportion of persons belonging to
national minorities increased both in the Parliament and in local government
authorities. Representatives of the Hungarian Coalition Party hold several
ministerial and state secretarial positions in the current Government, which
also contributes to an effective participation of the Hungarians in public
affairs.
113.
As regards the Council of
National Minorities and Ethnic Groups, the Advisory Committee notes that the
Government has continued to consult it on relevant matters, including on the
preparation of the State Report.
114.
The legislation on public
administration was completed in 2001 with the adoption of Act No. 302/2001
Coll. on Self-Governing of Upper-tier Territorial Units, which creates eight
self-governing regions. A number of positive comments have been made by various
sources on this administrative reform process promoting decentralisation and
its positive effects for persons belonging to national minorities in such
fields as education and culture. For example, the regional Office in Košice has
recently been in a position to establish a Commission dealing with minority
issues following this reform process in order to tackle the particular
situation faced by the region in this respect.
b) Outstanding issues
115.
While noting that the
boundaries of the self-governing regions coincide with the boundaries of
regions created under Act No. 221/1996 Coll. on Territorial and Administrative
Division of the Slovak Republic, which had previously been criticised by
certain Hungarian representatives, the Advisory Committee considers it
important for the authorities to continue to ensure that minority participation
at the regional level is given adequate attention in the future.
116.
Representatives of numerically smaller
minorities have indicated that they were not sufficiently employed in the
public administration and especially in certain key ministries, such as the
Ministry of Culture. The Advisory Committee is not aware of any specific
efforts by the Government to review the situation and, where appropriate, to
encourage a better participation of numerically smaller minorities in the civil
service.
117.
The Advisory Committee stresses
that the contribution of the Council of National Minorities and Ethnic Groups
could be more significant, particularly if such issues as its status and the
scarce resources at its disposal were to be addressed.
Recommendations
118.
The authorities are invited to
ascertain whether the persons belonging to national minorities, particularly to
numerically smaller minorities, are adequately represented in the civil service
and, where appropriate, to take further measures in this respect.
119.
Consideration could be given to
revisiting the status and strengthening the scarce resources, composition and
working methods of the Council of National Minorities and Ethnic Groups so as
to reinforce its contribution as an advisory body to the Government on minority
issues.
Participation
of the Roma
Findings of the first cycle
120.
In its first Opinion, the
Advisory Committee noted with deep concern the shortcomings that remained as
concerns the effective participation of the Roma - and Roma women in particular
- in social and economic life.
Present situation
a) Positive developments
121.
The 2002 municipal elections
have led to the election of a few Roma mayors and a considerable number of
municipal councillors. Although limited, this progress recorded in the
political participation of persons belonging to the Roma minority deserves to
be welcomed and may pave the way for future improvements in this sphere.
Following the administrative reform process, the regional Office in Košice has
recently been in a position to establish a Commission dealing specifically with
Roma issues.
122.
Efforts have been made to involve
Roma organisations in the elaboration of the measures designed by the
Government to implement its “Basic Positions”. The reinforcement of the status
and staff of the Plenipotentiary for Roma Communities has been accompanied by
measures to increase the number of qualified Roma working for this institution.
b) Outstanding issues
123.
In spite of these positive
developments, participation mechanisms for the Roma minority remain limited,
particularly at the central level. Various sources indicate that the
authorities involved in the implementation of measures aimed at improving the
situation of the Roma often fail to establish an effective partnership with
Roma organisations (see also related comments under Article 4 above). More
generally, their involvement in the taking of decisions which affect them
remains insufficient.
124.
The presence of Roma in
executive structures as well as in the public administration is extremely
limited. This is particularly the case within the police service, where recent
efforts made to recruit Roma police officers have met with difficulties.
Recommendations
125.
More determined efforts should
be made to find ways and means to substantially improve participation of the Roma
- including Roma women - in decision-making processes. The authorities should
ensure that the Roma and their organisations are treated as key partners in
governmental programmes aiming at improving their situation. In so doing, they
should endeavour to associate them in the design, implementation and monitoring
of the various measures taken by the different ministries to implement the 2003
“Basic Positions”.
126.
Steps already taken to increase
the number of Roma working in the public administration, particularly within
the police service, should be continued and intensified.
Article 18 of the Framework Convention
Cross-border
co-operation
Findings of the first cycle
127.
In its first Opinion, the
Advisory Committee welcomed the attempts to improve the functioning of the
joint commissions envisaged in the 1995 treaty on Good Neighbourliness and
Friendly Co-operation between
Present situation
a) Positive developments
128.
The Advisory Committee is
pleased to note that
b) Outstanding issues
129.
The attention of the Advisory
Committee was drawn to certain difficulties as regards recognition of diplomas
for foreign teachers wanting to work in primary schools (grades 1 to 4) of
Recommendation
130.
The authorities are invited to
ascertain that there are no undue obstacles complicating the recognition of
diplomas for foreign teachers invited to work in Slovak primary schools with
instruction in minority languages.
Concl-Remarks
131.
The Advisory Committee considers that the present concluding remarks
could serve as a basis for the conclusions and recommendations to be adopted by
the Committee of Ministers with respect to
132.
133.
Since the adoption of the first
Opinion of the Advisory Committee,
134.
The overall substantial
increase in the allocation of financial support to minorities by the Ministry
of Culture in recent years deserves to be welcomed.
135.
Serious efforts have been made
to address ethnically motivated crimes more vigorously both in terms of
strengthening relevant legal provisions and improving the institutional
framework, notably through the creation of a Commission for racially motivated
crime in 2001. Commendable measures have also been taken to train police
officers to deal with such cases in full respect of human rights and raise
their awareness about the importance of the problem.
136.
In the field of education, the
setting up of the
137.
While the adoption of the
Anti-discrimination Act in 2004 significantly strengthened the existing legal
framework, there is reason for concern about the related constitutional dispute
which has so far hampered the entry into force of an important provision allowing
the introduction of positive measures to address disadvantages linked to racial
or ethnic origin. Furthermore, the impact of the aforementioned dispute on a
range of existing or planned special measures in favour of the Roma is still
unclear.
138.
The legislative framework
pertaining to the protection of national minorities still contains
shortcomings, including as regards the financing of minority cultures and
instruction in minority languages, as well as certain restrictions such as
those limiting linguistic rights to persons belonging to national minorities
who hold Slovak citizenship. There is scope for improvement in the
participation of persons belonging to national minorities in the
decision-making process, including with regard to the pending legislative
reforms and representation in the civil service.
139.
The continuing occurrence in
recent years of a significant number of racially motivated crimes and incidents
targeting Roma and other vulnerable groups poses particular challenges and
seriously affects the implementation of the Framework Convention in
140.
The Roma continue to face
particular difficulties and experience various forms of exclusion and even
discrimination. Serious problems persist in different societal settings, such
as employment, housing and health care, a domain in which recent legislative
changes still need to be fully reflected in practice. Their participation in
public affairs remains insufficient and their involvement in governmental
programmes aimed at improving their position should be more consistent.
141.
In the field of education, the
persistence of various forms of exclusion and segregation which mainly affect
Roma children is a source of deep concern. The potential impact on
disadvantaged Roma pupils of recent measures promoting increased
decentralisation, as well as the effects of the 2004 social reform, merit
particular attention, including in terms of monitoring to ensure that equal
opportunities for access to education are not negatively affected. The number
of classes with instruction in the Roma language remains limited despite the
interest expressed by those concerned.
142.
In addition to the measures to
be taken to implement the detailed recommendations contained in chapters I and
II of the Advisory Committee's Opinion, the authorities are invited to take the
following measures to improve further the implementation of the Framework
Convention:
-
Ensure the full and effective implementation of Act No. 365/2004 Coll. On Equal
Treatment in Certain Areas and Protection against Discrimination and take steps
to ensure that existing
or planned special measures in favour of disadvantaged groups like the Roma are
further supported and encouraged;
-
Pursue
the efforts already made to complete the legislative framework pertaining to
national minorities, including in the fields of culture and education, and
ensure that achievements in this field are not hindered by undue
interpretations of the 1995 State Language Law; consider easing restrictions as
regards linguistic rights available to persons belonging to national minorities;
-
Review
the mechanisms aimed to ensure participation of persons belonging to national
minorities in order to render it more effective;
-
Ensure
that persons belonging to national minorities, especially the numerically
smaller ones, are adequately represented in the civil service;
-
Redouble
efforts to fight more vigorously ethnically motivated crimes at all levels,
including through the consistent application, by law enforcement officers and
prosecution bodies, of reinforced criminal provisions;
-
Address
allegations of police abuse against Roma and consider in this context the
introduction of an independent, effective and reliable complaint system;
-
Take
further steps to put an end to exclusion and segregation practices affecting
Roma pupils;
-
Ensure
that the rights of Roma women are respected in practice, particularly in the
field of health care;
-
Intensify
existing measures, including as regards teacher training, so as to create
further opportunities to receive Roma language teaching.
* * *
[1] The 2001 census gave the following results: 4,614,854 persons declared to be of Slovak nationality, 520,528 of Hungarian nationality, 89,920 of Roma nationality, 44,620 of Czech nationality, 24,201 of Ruthenian nationality, 10,814 of Ukrainian nationality, 5,405 of German nationality, 2,348 of Moravian nationality, 890 of Croatian nationality, 2,602 of Polish nationality, 1,179 of Bulgarian nationality, and 218 of Jewish nationality.
[2] 89,920 persons declared that they belonged to the Roma national minority in the 2001 census but most studies and assessments – including by the authorities - estimate their number between 320,000-400,000.
[3] In his report of 17 October 2003 entitled “Recommendation of the Commissioner for Human Rights concerning certain aspects of law and practice relating to sterilization of women in the Slovak Republic” adopted on 17 October 2003, CommDH(2003)12, the Commissioner for Human Rights of the Council of Europe recommended in paragraph 53 item 4 that “the Government of the Slovak Republic accept clearly its objective responsibility for failing to ensure that no sterilisations were performed without free and informed consent, as required by international human rights instruments”.
[4] See “Recommendation of the Commissioner for Human Rights of the Council of Europe concerning Certain Aspects of Law and Practice relating to Sterilization of Women in the Slovak Republic” adopted on 17 October 2003, CommDH(2003)12; Concluding Observations of the United Nations Human Rights Committee on Slovakia adopted on 22 August 2003, CCPR/CO/78/SVK, paragraph 12; Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination on Slovakia adopted on 10 December 2004, CERD/C/65/CO/7, paragraph 12.
[5] Resolution nº 1018 of
[6] See Act No. 576/2004 Coll. on Health care, Services Related to the Provision of Health care and on Amendment and Supplementation of Certain Laws.
[7] See European Commission against Racism and Intolerance (ECRI), third report on Slovakia, adopted on 27 June 2003, paragraphs 16-23; Concluding Observations of the United Nations Human Rights Committee on Slovakia adopted on 22 August 2003, CCPR/CO/78/SVK, paragraph 17; Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination on Slovakia adopted on 10 December 2004, CERD/C/65/CO/7, paragraph 5.
[8] See European Commission against Racism and Intolerance (ECRI),
third report on
[9] According to 2001 official data, 38 % of all Roma pupils attended special remedial schools or classes for mentally disabled persons during the 2001/02 school year. The corresponding percentage of children from the majority population was only 2.5 %.
