ERRC Press Statement: UN to Scrutinise Czech Republic's Human Rights Record
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Date: Tue, 3 Jul 2001 18:37:02 +0300 (EEST)
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Subject: ERRC Press Statement: UN to Scrutinise Czech Republic's Human Rights Record
From: MINELRES moderator <[email protected]>
Original sender: European Roma Rights Center <[email protected]>
ERRC Press Statement: UN to Scrutinise Czech Republic's Human Rights
Record
UN TO SCRUTINISE CZECH REPUBLIC’S HUMAN RIGHTS RECORD
PRESS STATEMENT JUNE 29, 2001
In written comments submitted today to the United Nations Human Rights
Committee (HRC) in Geneva, the European Roma Rights Center (ERRC)
documents that Roma in the Czech Republic continue to be the victims
of a wave of racially-motivated violence and pervasive racial
discrimination in virtually all spheres of public life. The comments
are presented on the occasion of the Committee’s examination of the
Czech Republic’s compliance with the International Covenant on Civil
and Political Rights (ICCPR) next month.
In its submission, ERRC demonstrates that the Czech government has
failed to comply with its obligations under the Covenant to prevent,
punish and remedy the widespread abuse systematically perpetrated
against Roma, both by state authorities and by private actors. In
particular, the submission highlights the following areas of concern:
As to Article 2 (requiring states to provide victims an effective
remedy), notwithstanding the numerous breaches of the Covenant
perpetrated against Roma in the Czech Republic, protection is lacking
or ineffective, and remedies non-existent or inadequate. In the
overwhelming majority of cases monitored by the ERRC, the judicial
system continues to render inadequate decisions, in particular by
failing to take into account racial motivation even where evidence has
clearly shown that the victims were attacked only because they were
Roma. As a result, countless Romani victims of human rights abuse
remain without redress.
As to Articles 6 and 7 (requiring states to protect the right to life
and prohibiting torture or cruel, inhuman or degrading treatment or
punishment respectively), Roma are the victims of an unchecked wave of
racially-motivated violence at the hands of law enforcement
authorities, skinheads and others. In 1998 alone, skinheads killed at
least two Roma in the Czech Republic and violent attacks against Roma,
including women and minors, continue to be reported at an alarming
rate. Law enforcement authorities, meanwhile, systematically fail to
provide effective protection to Roma.
As to Article 14 (requiring states to ensure that all persons are
equal before the courts and tribunals), Roma are discriminated against
in the judicial system, both as victims pursuing justice for
violations perpetrated against them (their complaints are not
adequately investigated and prosecuted), and in the capacity of
defendants (they are subjected to pre-trial detention more often and
for longer periods of time than non-Roma, and receive
disproportionately severe sentences). As a result, the Covenant’s
right to equal treatment before law enforcement and judicial
authorities rings hollow for Roma.
As to Article 20 (requiring states to prohibit incitement to racial
discrimination, hostility or violence), in failing to acknowledge and
condemn widespread anti-Roma policies, practices and attitudes,
Government authorities have undertaken insufficient efforts to ensure
effective implementation of legislation prohibiting dissemination of
racism and incitement to racial discrimination. Prominent public
officials have continued to disseminate racist speech targeting Roma,
thereby encouraging racism rather than combating it.
As to Article 26 (requiring states to prohibit discrimination and
guarantee equality before the law and equal protection of the law),
notwithstanding Constitutional provisions guaranteeing equality, the
Government has failed to ensure Roma equal protection of the law. Roma
suffer widespread discrimination, amounting in some areas to racial
segregation, in virtually all fields of public life, most egregiously
and systematically, education, housing, employment, and access to
public accommodations, while legal prohibitions against racial
discrimination remain inadequate and provide for ineffective remedies.
The problem of insufficient legislative provisions aimed at combating
racial discrimination is further compounded by the failure to ensure
effective implementation of those few legislative prohibitions which
do exist.
ERRC’s concerns with regard to the Czech government’s compliance with
the Covenant are illustrated with concrete cases providing evidence of
recent and repeated violence and discrimination against Roma.
In view of the serious deficiencies addressed in the submission, ERRC
recommends that the Czech government adopt a comprehensive body of
legislation prohibiting discrimination in all fields of public life
and providing civil, criminal and administrative remedies for breach
thereof; establish an effective enforcement body empowered both
legally and through the provision of adequate resources to effectively
secure full compliance with the new law; abolish the practice of
race-based educational segregation of Romani children in special
schools; investigate promptly and impartially incidents of
racially-motivated violence against Roma and duly prosecute
perpetrators of such crimes, whether committed by law enforcement
officers or private parties; adopt effective measures to prevent and
punish manifestations of racial bias in the judicial system; conduct
systematic monitoring of access of Roma and other minorities to
education, housing, employment, health-care and social services, and
establish a mechanism for collecting ethnic data in these fields; and
at the highest levels, speak out against racial discrimination against
Roma and others, and make clear that racism will not be tolerated.
The Human Rights Committee is a United Nations body charged with
responsibility for overseeing compliance with the Covenant. The
Covenant was ratified by the newly-formed Czech Republic by succession
in 1993. Composed of eighteen internationally-recognised experts, the
Committee reviews state implementation of the Covenant through a
reporting procedure which obliges governments to submit reports on a
periodic basis. The July session marks the first time that the
Committee reviews reports submitted by the Czech government. The full
text of the ERRC written comments to the HRC concerning the Czech
Republic, is available on Internet at http://www.errc.org, or from
ERRC upon request.
_____________________________________________
The European Roma Rights Center is an international public interest
law organisation which monitors the rights of Roma and provides legal
defence in cases of human rights abuse. For more information about the
European Roma Rights Center, visit the ERRC on the web at
http://www.errc.org.
European Roma Rights Center
1386 Budapest 62
P.O. Box 906/93
Hungary
Phone: +36 1 4132200
Fax: +36 1 4132201
_____________________________________________
SUPPORT THE ERRC!
The European Roma Rights Center is dependent upon the generosity of
individual donors for its continued existence. If you believe the ERRC
performs a service valuable to the public, please join in enabling its
future with a contribution. Gifts of all sizes are welcome; bank
transfers are preferred. Please send your contribution to:
European Roma Rights Center
Budapest Bank Rt.
99P00402686
1054 Budapest
Bathory utca 1
Hungary
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