ACFC/INF/OP/II(2004)001
ADVISORY COMMITTEE ON THE
FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
__________________
SECOND OPINION ON
LIECHTENSTEIN
ADOPTED ON 1 OCTOBER 2004
EXECUTIVE SUMMARY
Liechtenstein has taken steps to improve the implementation of the
Framework Convention following the adoption of the first Opinion of the
Advisory Committee in November 2000 and the Committee of Ministers' Resolution
in November 2001, although there is only limited potential for application of a
number of provisions of this instrument in this country.
Special attention will have to be paid to the
implementation and regular assessment of the National Action Plan against
racism and intolerance adopted by the Government in 2003, as discrimination
continues to affect people who do not share the language, culture or religion
of the majority population.
TABLE
OF CONTENTS
Discrimination and intolerance
II. ARTICLE-BY-ARTICLE
FINDINGS
Articles 4 and 6 OF THE FRAMEWORK CONVENTION
Promotion of tolerance and fight against discrimination
Advisory Committee on the Framework Convention for
the Protection of National Minorities
second opinion on
1.
The Advisory Committee adopted
the present opinion on 1 October 2004 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.
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 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 of the Committee of Ministers’ forthcoming conclusions and
recommendations on
5.
The Advisory Committee looks forward to continuing its dialogue with the
authorities of
6.
7.
Bearing in mind the foregoing,
the Advisory Committee did not consider it imperative, between the first and
second monitoring cycle, to encourage follow-up activities to the same extent
as it had for other States Parties. While the Advisory Committee welcomes the
fact that the authorities of
Discrimination and intolerance
8.
II. ARTICLE-BY-ARTICLE FINDINGS
Articles 4 and 6 OF THE FRAMEWORK CONVENTION
Promotion of tolerance and fight against discrimination
Findings of the first cycle
9.
During the first monitoring
cycle, the Advisory Committee attached importance to promotion by the
authorities of a spirit of tolerance and mutual respect between all persons
living on the
Present situation
a) Positive developments
10.
The Advisory Committee notes
with satisfaction that the State Report contains relatively detailed
information on the composition of the population and the characteristics of the
various constituent groups. It also welcomes the fact that
11. In this connection, the Advisory Committee recalls that legal provisions and other measures aimed at combating discrimination and promoting effective equality, a spirit of tolerance and intercultural dialogue must not themselves constitute a source of unjustified distinctions but protect all individuals against any form of discrimination on the grounds of language, culture, ethnic background or religion. These provisions and measures are therefore also covered by Articles 4 and 6 of the Framework Convention, the scope of which cannot be restricted to national minorities alone.
12.
The Advisory Committee welcomes
the adoption by the Government in February 2003 of a National Action Plan aimed
at implementing the conclusions of the Durban World Conference against Racism,
Racial Discrimination, Xenophobia and related Intolerance. This plan is
scheduled to run for five years and is aimed in particular at making the public
more aware of the various forms of racism and their causes and encouraging the
integration of foreign nationals in
b) Outstanding issues
13.
The Advisory Committee notes
that ECRI’s second report on
Recommendations
14.
The authorities should pay all
the requisite attention to the full implementation of the National Action Plan
and attempt to remedy the shortcomings identified both by ECRI in its second report and by CERD in its Concluding Observations, including as concerns law
enforcement officers training[3]. It is also
important that the authorities regularly assess the impact of the measures
taken. As information and statistical data on the extent of discrimination in
15.
The Advisory Committee considers that these concluding remarks could
serve as the basis for the conclusions and recommendations to be adopted by the
Committee of Ministers in respect of
16.
17.
As was recognised in the first monitoring
cycle, there is however only limited potential for application of a number of
provisions of the Framework Convention in
18.
Discrimination continues to affect people who do not share the language,
culture or religion of the majority population, particularly non-nationals who
are not part of the immigrant population from neighbouring countries.
19.
In addition to the measures to be taken to implement the detailed
recommendations contained in sections I and II of the Opinion of the Advisory
Committee, the authorities are invited to take the following measures to
improve further the implementation of the Framework Convention:
-
Pay requisite attention to the full implementation of the 2003 National
Action Plan against racism and intolerance and regularly assess the impact of
the measures taken, including through the gathering of relevant data.
[1] See the Second Report on Liechtenstein adopted by the European
Commission against Racism and Intolerance (ECRI) on 28 June 2002, document
CRI(2003)4.
[2] See Concluding Observations
on
[3] See Concluding Observations
on