GOVERNMENT OF THE REPUBLIC OF LITHUANIA

GOVERNMENT OF THE REPUBLIC OF LITHUANIA Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No 538 of 3 May 2004 regarding the approval of the report under the International Convention on the Elimination of All Forms of Racial Discrimination Vilnius Implementing Article 9 of the International Convention on the Elimination of all Forms of Racial Discrimination (Valstybės žinios (Official Gazette) No 108-2954, 1998) and invoking the Law of the Republic of Lithuania on the Ratification of 1965 International Convention on the Elimination of all Forms of Racial Discrimination (Valstybės žinios  (Official Gazette) No 108-2954, 1998), the Government of the Republic of Lithuania has resolved: 1. To approve the Second and the Third Periodic Report under the International Convention on the Elimination of all Forms of Racial Discrimination (appended). 2. To charge the Ministry of Foreign Affairs to organise translation into the English language of the Report referred to in subparagraph 1 and to submit, in a prescribed procedure, the translated report to the Secretary General of the United Nations. Prime Minister                                                             Algirdas Brazauskas Minister of Foreign Affairs                                                      Antanas Valionis APPROVED by Resolution No 538 of the Government of the Republic of Lithuania of 3 May 2004 THE SECOND AND THIRD PERIODIC REPORT UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION INTRODUCTION 1. The Government of the Republic of Lithuania hereby submits the joint second and third periodic Report in accordance with Article 9 of the International Convention on the Elimination of all Forms of Racial Discrimination. The Report has been drawn up according to the Guidelines and General Recommendations regarding the form and content of Reports approved by the United Nations Committee on the Elimination of Racial Discrimination. In it consideration is given to the Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination on the initial report of Lithuania, approved on 21 March 2002 at the 60th meeting of the Committee (CERD/C/60/CO/8). The Report gives answers to the specific questions of the Committee that are formulated in the Concluding Observations regarding the Initial Report as well as reflects progress achieved by the Republic of Lithuania in 2000-2003 in implementing the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination: 2. The Report has been drawn up by the interdepartmental working group directed by the Ministry of Foreign Affairs. The group had among its members representatives of the Ministry of Justice, Ministry of the Interior, Ministry of Social Security and Labour, and the Department of National Minorities and Lithuanians Living Abroad under the Government of the Republic of Lithuania. Information for the Report has been presented by over 40 state institutions, municipalities, education and science institutions, non-governmental organisations. The draft Report was brought to the attention of Lithuania’s NGOs, which could present their comments in writing. GENERAL INFORMATION New Legal Acts of the Republic of Lithuania 3. In the period after the presentation of the Initial Report the following basic laws were passed in 2000-2003 in connection with the implementation of Articles 2 to 7 of the International Convention on the Elimination of all Forms of Racial Discrimination: 3.1. the Civil Code of the Republic of Lithuania (No VIII-1864 of 18 July 2000 ), which came into force on 1 July 2001; 3.2. the Code of Civil Procedure of the Republic of Lithuania (No IX-743 of 28 February 2002 ), which came into force on 1 January 2003; 3.3. the Code of Criminal Procedure of the Republic of Lithuania (No IX-785 of 14 March 2002 ), which came into force on 1 May 2003; 3.4. the Criminal Code of the Republic of Lithuania (No VIII-1968 of 26 September 2000) , which came into force on 1 May 2003; 3.5. the Code of Enforcement of Sentences of the Republic of Lithuania (No IX-994 of 27 June 2002), which came into force on 1 May 2003; 3.6. the Labour Code of the Republic of Lithuania (No IX-926 of 4 June 2002), which came into force on 1 January 2003; 3.7. the Law of the Republic of Lithuania on the Amendment to Article 119 of the Constitution of the Republic of Lithuania (No IX-959 of 20 June 2002 ), whereby the right to elect and be elected in the elections to the municipal councils has been granted to all permanent residents of the respective territorial administrative unit (i.e. not only to the citizens of the Republic of Lithuania); 3.8. the Law of the Republic of Lithuania on Amending Articles 1, 2, 3, 6, 9, 12, 13, 17, 23, 24, 25, 26, 28, 29, 32, 34 35, 41, 55, 58, 62, 6., 64, 86, 88 of the Law on Municipal Elections (No IX-962 of 20 June 2002 ) whereby permanent residents of the municipality have been granted the right to elect and be elected municipal council members; 3.9. the Law of the Republic of Lithuania on Citizenship (No IX-1078 of 17 September 2002). According to the new Law of the Republic of Lithuania on Citizenship, acquisition of citizenship, refusal to grant citizenship, retention or deprivation of citizenship is not subject to any discriminatory restrictions on the grounds of race, origin, ethnicity or on other grounds; 3.10. the new version of the Law of the Republic of Lithuania on Courts (No IX-732 of 24 January 2002) guarantees equality before the law and the court irrespective of the person’s sex, race, origin, ethnicity, language, opinions or other circumstances; 3.11. the Law of the Republic of Lithuania on the Amendments to the Law on Education (No IX-1630 of 17 June 2003). The new version of the Law of the Republic of Lithuania on Education establishes the accessibility of education on the basis of equal rights to all persons irrespective of their sex, race, ethnicity, language, origin, social position, religion, convictions or opinions; the Law also contains provisions regulating education in and teaching of the languages of national minorities and the native language studies of persons belonging to national minorities. 3.12. the Law of the Republic of Lithuania on Equal Treatment (No IX-1826 of 18 November 2003) which enters into force on 1 January 2005 prohibits any direct or indirect discrimination on the grounds of the person’s age, sexual orientation, state of health, race, ethnic origin, religion or opinions and provides instruments for implementing the principle of equal treatment. International legal acts 4. Lithuania proceeded with accession to international legal acts in the human rights law. The Seimas of the Republic of Lithuania ratified the following international conventions: 4.1. on 14 December 1999, the United Nations Convention relating to the Status of Stateless Persons - entered into force on 7 May 2000; 4.2. on 17 February 2000, the Council of Europe Framework Convention for the Protection of National Minorities - entered into force on 1 July 2000; 4.3. on 2 August 2001, the Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty - entered into force on 27 June 2002; 4.4. on 19 September 2002, the Council of Europe Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (Convention on Human Rights and Biomedicine) and its additional protocol on the Prohibition of Cloning Human Beings - entered into force on 1 February 2003; 4.5. on 12 November 2002, Optional Protocol on the Involvement of Children in Armed Conflicts to the United Nations Convention on the Rights of the Child - entered into force on 1 April 2003; 4.6. on 21 January 21, European Agreement Relating to Persons Participating in Proceedings of the European Commission and Court of Human Rights; entered into force on 1 April 2003; 4.7. on 25 March 2003, Protocol against Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organised Crime - entry into force pending; 4.8. on 1 April 2003, Rome Statute of the International Criminal Court - entered into force on 1 April 2003; 4.9. on 22 April 2003, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime - entry into force pending; 4.10. 16 October 2003, Protocol No 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms - entry into force pending. 5. On 17 February 2000, the Seimas of the Republic of Lithuania ratified the Council of Europe Framework Convention for the Protection of National Minorities, which entered into force in Lithuania on 1 July 2000. In 2001 the Government of the Republic of Lithuania drew up a report on the implementation of the Convention provisions in Lithuania (according to Article 25(1) of the Convention). The Advisory Committee of the Council of Europe Framework Convention for the Protection of National Minorities prepared for the Committee of Ministers of the Council of Europe an Opinion on Lithuania, which was approved in February 2003. The Opinion and Lithuania’s reply to it are documents publicly accessible on the Internet in the Lithuanian and English languages. The Committee of Ministers (Ministers Deputies) of the Council of Europe on 10 December 2003 adopted Resolution ResCMN(223)11 on the implementation of the Framework Convention for the Protection of National Minorities in Lithuania. 6. The European Commission against Racism and Intolerance (ECRI) has performed two rounds of reports evaluating the situation in Lithuania. The first report on Lithuania was completed in 1996, the second was completed in 2002. ECRI’s reports have been widely discussed in Lithuania. On12 June 2003 the second report as well as other important issues (the programme of integration of the Roma community into Lithuanian society, the improvement of laws against racism and racial discrimination, the problems of refugees and asylum seekers) have been the subject of a round table discussion attended by about 70 representatives of competent institutions and non-governmental organisations. Institutional framework 7. The national minorities policy of the Government of the Republic of Lithuania is developed by the Department of National Minorities and Lithuanians Living Abroad under the Government of the Republic of Lithuania (hereinafter referred to as the Department of National Minorities and Lithuanians Living Abroad), established in 1989. The main task entrusted to the Department concerns the protection of rights of persons belonging to national minorities, safeguarding of their interests, attendance to their needs and care for the preservation of national identity and heritage. 8. The Regulations of the Department of National Minorities and Lithuanians Living Abroad were amended by Resolution of the Government of the Republic of Lithuania No 228 of 14 February 2003 and set forth in a new version. In accordance with the above revised Regulations the Board of the Department of National minorities and Lithuanians Living Abroad was formed on 2 April 2003 by Order No 23 issued by the Director General of the Department, which included among its members the chairman of the Nationalities Council. On 29 April 2003 a Standing Group of Experts was formed under the Department of National Minorities and Lithuanians Living Abroad by Order No 28 of the Director General of the Department. 9. The Department of National Minorities and Lithuanians Living Abroad works in close co-operation with various institutions of the Republic of Lithuania: the Human Rights Committee of the Seimas of the Republic of Lithuania, the Office of the Seimas Ombudsmen, the Office of the Equal Opportunities Ombudsman, the Seimas Committees of Foreign Relations and of Education and Science, the Ministry of Culture, the Ministry of Education and Science, the Ministry of Justice, the State Commission of the Lithuanian Language, the Open Society - Lithuania Foundation, Civil Initiatives Centre, Lithuanian Human Rights Centre, Children’s Fund of Lithuania, other Lithuanian and foreign non-governmental organisations. Close co-operation has also been established with international institutions: the Council of Europe Advisory Committee, the European Commission against Racism and Intolerance. 10. In order to ensure greater participation of national communities in decision-making on issues relating to the protection of their rights, in 1995 the Council of National Communities with representatives of twenty national communities among its members was established under the Department of National Minorities and Lithuanians Living Abroad. The Council submits recommendations and proposals on the improvement of national relations to the Department of National Minorities and Lithuanians Living Abroad, the Seimas and the Government of the Republic of Lithuania, other public institutions, helps foster national accord in Lithuania and co-ordinates the activities of national communities. 11. The Republic of Lithuania concluded and ratified inter-State political agreements on friendly relations and good neighbourly co-operation with the Republic of Poland, Republic of Byelorus, the Ukraine, the Russian Federation and other states, whereby the States Parties undertake to guarantee for the national minorities residing in their respective territories equality before the law, the right to individually or together with other members of their respective group freely express, protect and develop their national, cultural and religious identity without being subjected to any discrimination. 12. Close co-operation has been developed between the Republic of Lithuania and the Republic of Poland. Lithuania has a compactly residing Polish national minority, whereas a Lithuanian national minority is compactly living in Poland. Meeting their needs is a matter of constant concern for both states. Common institutions have been established with a view to promoting co-operation between the two states - the Consultative Committee of the Presidents of the Republic of Lithuania and the Republic of Poland, the Parliamentary Assembly of the Republic of Lithuania and the Republic of Poland, the Co-operation Council of the Governments of the Republic of Lithuania and the Republic of Poland. The National Minorities Commission has been set up at the Government Co-operation Council. 13. The National Communities Council was formed under the President of the Republic on 28 April 2003 by Decree No 61. Among the officials on the Council are the Director General of the Department of National Minorities and Lithuanians Living Abroad and the Chairman of National Communities Council. The principal tasks of the Council comprise analysis of legal acts regulating the legal status of national communities and national minorities and presentation of proposals on the issues relating to the strengthening of links of national communities and national minorities as well as Lithuanians living abroad with Lithuania and on the development of policy for the preservation of national identity in a unified Europe. 14. The public activities centre of national communities - the House of National Communities - has been set up under the Department of National Minorities and Lithuanians Living Abroad. Centres of national communities have been functioning in Alytus, Visaginas and Kaunas. Plans are also underway to set up such a centre in Klaipėda. Statistical data 15. Demographic data about Lithuania’s population is collected by the Department of Statistics under the Government of the Republic of Lithuania (hereinafter referred to as Department of Statistics). The population number and its national composition given below is based on the data of 2001 population and housing census as well as on the data of the Population Register and statistical data of the natural movement and migration of the population. 16. At the beginning of 2003 Lithuania’s population was 3 462 553. Lithuania’s population according to the data of 1 January 2003 (thousand) Total % Men % Women % Total 3462.5 100 1617.3 46.71 1845.2 53.29 Urban 2317.2 66.92 1063.3 45.89 1253.9 54.11 Rural 1145.3 33.08 554 48.37 591.3 51.63 17. During the general population and housing census of 2001 data was collected about the ethnic composition of the population. All in all data about 3,483,972 residents was collected. From the said number of people 32,921 persons or 0.9% of the population did not identify their ethnicity. According to the population census data, representatives of 115 ethnic groups reside in Lithuania, however, as many as 86 ethnic groups number less than 100 representatives each, while 49 ethnic groups from them have less than 10 representatives each. The composition of Lithuania’s population broken down by ethnicity is given in the table below: Ethnic composition of Lithuania’s population (data of 2001 population and housing census) Ethnic group Population number Population number by % Total 3 483 972 100 Lithuanian 2 907 293 83.5 Polish 234 989 6.7 Russian 219 789 6.3 Byelorussian 42 866 1.2 Ukrainian 22 488 0.7 Jewish 4 007 0.1 German 3 243 0.1 Tartar 3 235 0.1 Latvian 2 955 0.1 Roma 2 571 0.1 Other 7 615 0.2 did not identify 32 921 0.9 Data provided by the Department of Statistics 18. The absolute majority of Lithuania’s permanent residents of non-Lithuanian ethnic origin have obtained citizenship of the Republic of Lithuania. According to the data of the Department of Migration under the Ministry of the Interior, in the period from 1 January 2000 to 1 September 2003, aliens were issued 19 500 permits entitling them to temporary residence in the Republic of Lithuania. On 1 July 2003, 24 640 aliens, from them 7 900 stateless persons, possessing permits for permanent residence were residing in the Republic of Lithuania; among the permanent residents were 23 persons accorded the status of refugee. Total population by citizenship (data of 2001 population and housing census) Citizenship Number of residents Total 3 483 972 Residents having only one citizenship 3 469 553 Lithuanian 3 448 878 European states: 194 450 Russian 13 376 Byelorussian 2 180 Ukrainian 1 556 Polish 737 Latvian 413 German 230 Armenian 229 Other 729 African states 18 Asian states: 772 Kazakhstan 211 Lebanese 119 Israeli 103 Other 339 North American states: 281 US 257 Canadian 24 South American states: 12 Caribbean 7 Australian 11 Did not indicate state 118 Citizens holding dual citizenship 659 Stateless persons 10 531 Did not indicate 3 229 Data provided by the Department of Statistics Characteristics of national minorities 19. The Polish national minority. This is the most numerous national minority in Lithuania. Poles reside in various localities of Lithuania, but the majority of them (90%) live in south-eastern Lithuania - city of Vilnius, Šalčininkai, Trakai, Švenčionys and Vilnius districts. The contribution made by the Polish population to the political, economic and cultural life of Lithuania is outstanding. Polish national minority was formed in Lithuania through the intensive long-lasting political, economic and cultural links maintained for a 400-year period by the common Lithuanian-Polish state. At the turn of the 19th century the majority of the population of south-eastern Lithuania decided to identify their national background as Polish. The developing national liberation movement and restoration of two independent national states was accompanied by territorial disputes which resulted in the deterioration of relations between Lithuanians and Poles. In 1920-1939 Poles in Lithuania (Vilnius region excluding) accounted for 3% of the population, whereas in the Vilnius region occupied by Poland they constituted the majority of the population. After the restoration of the Vilnius region to Lithuania (in 1939), in the pre-war period Poles constituted 15.3% of Lithuania’s population. After World War II large numbers of residents of Polish national background repatriated to Poland. In 1959 Poles constituted 8.5%, in 1989 - 7% and in 2001 - 6.7% of Lithuania’s population. The restoration of Lithuania’s independence gave an impetus for the Polish population to engage in national activities. They started to form public associations, to support the development of culture, education, preservation of native language and traditions. The problems raised by Poles living in Lithuania and Lithuanians living in Poland are constantly in the focus of attention of the bodies concerned with the development of interstate co-operation between the two states. 20. The Russian national minority. Russians live in the entire territory of Lithuania, however, their largest numbers are found in Vilnius, Klaipėda, Visaginas. Migration of Russians to Lithuania became more manifest at the end of the 17th century, when, in flight from persecution after the reform of the Church, the Old Believers sought refuge in Lithuania. After the Russian Empire annexed the bulk of Lithuanian territories at the end of the 18th century, Lithuania was subjected to vigorous Russification. In 1857 Russians constituted a mere 1.4% of Lithuania’s population, whereas in 1897 their number had grown to constitute 4.8%. In 1918-1923 Lithuania had to deal with an influx of Russians escaping from the terror of the Bolshevik revolution. The percentage of Russian population in Lithuania markedly increased after World War II. In 1959 Russians constituted 8.5% and in 1989 9.4% of Lithuania’s population. In 1990, after the restoration of Lithuania’s independence, a certain part of Russians returned to their historic homeland. According to the population census conducted in 2001, Russians constitute 6.3% of Lithuania’s population. The Russian national minority in Lithuania has been provided with all conditions necessary to develop education in the native language, foster authentic culture and maintain national identity. Centres of Russian culture operate in many towns and districts. Books and periodicals are published in the Russian language and television and radio programmed are broadcast in the Russian language on a regular basis. 21. The Jewish national minority. Jews have been living in Lithuania since the 14th century. In the 18th century Vilnius became a major centre of Jewish religious and spiritual culture. In 1918-1940 Jews constituted 7% of Lithuania’s population. They enjoyed cultural autonomy, had a wide network of educational institutions, press and public organisations. During World War II Lithuania’s Jewry fell victims of Nazi genocide, which resulted in the death of nearly 95% of Lithuania’s Jewish population (out of the total of 220,000). Only 24,700 Jews (0.9% of the population) lived in Lithuania in 1959. The Soviet regime sought to erase the memory of the Jews, their historical and cultural heritage in Lithuania. Jews started to emigrate to Israel, the United States of America and other countries. There was a great increase in the emigration following the restoration of Lithuania’s independence. In 1989 Lithuania’s Jewish population amounted to 12 000 (0.3% of the entire population) whereas in 2001 their number had dropped to 4 000 (0.1% of Lithuania’s population). 22. The Byelorussian national minority. Territories inhabited by Byelorussians had been in the composition of the Grand Duchy of Lithuania since the 14th century. In the 19th century those territories, like the whole of Lithuania, became a part of the Russian Empire. From olden days Vilnius has been a leading centre of Byelorussian written word, culture and education, here the first book was printed in the Byelorussian language in 1522. In the period between the two World Wars Byelorussians constituted 02% of the entire population of Lithuania. In the years of Soviet occupation the number of Byelorussians in Lithuania grew due to migration: in 1959 they constituted 1.1%, in 1989 1.7% and in 2001 1.2% of the population. The majority of Byelorussians live in Vilnius, Klaipėda and Visaginas as well as in the territories bordering with the Belarus Republic. 23. The Karaite national minority. The distinguishing feature of the Karaite historical diaspora is its singular history, culture and religion. Karaites have been living in Lithuania for over 600 years. In 1397-1398 the Grand Duke Vytautas, who was waging war against the Tartan Golden Horde, transferred some 380 families of Karaites from the Crimea to Lithuania (town of Trakai). According to 1959 population census data, the population of Karaites in Lithuania numbered 423, in 2001 - 273. During 600 years of their existence in Lithuania the Karaite national minority, although not numerous, preserved the language and customs, original literary heritage and religion which is a variety of Judaism. The native language of Karaites, still used in everyday life and during religious rites, constitutes the basis of Turkic national identity of the Karaites. In spring 1988 the Karaites set up the Society of Karaite Culture, they have a folklore group, a Sunday school. The ethnographic exposition of the Karaites in the Trakai museum has on display articles of everyday life and work as well as historical documents of the Karaites. 24. The Tartar national minority. The Tartars, an ethno-confessional community of remarkable origin, customs and way of life, have also been living in Lithuania for some 600 years. Like the Karaites, the Tartars came to Lithuania in the 14th century from the Crimea. Up to the present day the settlements of the Tartars, established along the border of the Grand Duchy of Lithuania, have remained remarkable centres of ethnic Tartar culture. At the present time the majority of the Tartars live in Vilnius, Kaunas and Alytus. Lithuania’s Tartars have always been using languages spoken by the local people - Lithuanian, Byelorussian, Polish and Russian and for this reason in the 19th century they were identified on the basis of their Moslem faith. In 1959 Lithuania’s Tartar population amounted to 3020, in 1989 – 5 200 and in 2001 – 3 235 people. Lithuania’s Tartars have preserved strong community links, ethnic and religious identity, customs and traditions. In recent years there has been an upsurge of interest in the Tartar culture. The Centre of Oriental Studies was set up at Vilnius University in 1992. In 1997 the international scientific conference was held to mark the 600th anniversary of settlement of the Tartars and Karaites in Lithuania. 25. The Roma national minority. The Roma settled in Lithuania in the middle of the 15th century after wandered across Belarussia and Poland. For many years they continued to lead a nomadic life, usually travelling around a rather restricted territory in summer. The laws of the Soviet Union prohibited the Roma from wandering, they were put under the obligation to take up a job and get registered, but, according to the Roma, they began leading a settled way of life in Lithuania only in the seventies. In the period from 1959 to 2000 the number of Roma population in Lithuania varied from 2 000 to 3 000. The majority of them reside in Lithuania’s larger towns: Vilnius, Kaunas, Panevėžys and some other localities. Most Roma call themselves Lithuania’s Čigonai (Gypsies). The name is historical and has been widely used in Lithuania up to the present day. Changes in the quality of life of the Roma became noticeable only after the restoration of Lithuania’s independence. The attention paid by the Lithuanian state to national minorities, the emerging new legal and practical possibilities and circumstances of an entirely new quality have given the Roma an impetus to address the recurring problems, to form appropriate organisations and seek integration into the life of Lithuanian society. 26. The German national minority. German roots have been discovered in Lithuania’s socio-cultural layer of several historical epochs. In the 13th century Lithuania came under the attack of the Order of Crusaders which resulted in the colonisation of Eastern Prussia and Klaipėda Region. It was here that the first German settlements were set up and the territory remained attributed to German lands until 1923, when the Klaipėda Region was reunited with Lithuania. Germans accounted for about 5% of the Region’s population. Their number declined due to repatriation before and after World War II. In 1959 Germans accounted for as little as 0.4% and in 2001 - 0.1 % of Lithuania’s population. In 1996 centres of German culture were renovated in Klaipėda and Šilutė. The centres pursue the goal of preserving national identity, fostering traditions of the German people, deepening mutual understanding between Lithuanians and Germans, disseminating information about Lithuania’s culture, science, economy. 27. The Ukrainian national minority. The Ukrainian lands (Kiev, Tchernigov, Perejeslav), incorporated into the territory of the Grand Duchy of Lithuania in the middle of the 14th century, not only expanded the territory of the state but also laid the foundation of the relationship and co-operation between Lithuanians and Ukrainians which lasted for centuries. In 1596 the Brest Church Union established the Eastern Catholic Rite (Uniate) religious community, expanding spiritual relations between Ukrainians and Lithuanians. In the 19th century the condition of being incorporated into the Russian Empire gave a stimulus both to the development of cultural relations and to migration. According to demographic research data, in the period from 1857 to 1897 Ukrainians constituted 0.1% of the population in the territory of the present-day Lithuania. Ukrainians belong to those ethnic groups resident in Lithuania since of old whose total number and specific gravity in the demographic structure of the country’s population has been on the rise after World War II. In 1959 Ukrainians constituted 0.7%, in 1989 1.2% and in 2001 0.7% of Lithuania’s population. 28. Other national minorities. The national minorities of Lithuania have their own historical destiny that led them to our country. For centuries Lithuania has been the country of residence for Poles, Byelorussians, Russians, Karaites, Tartars, Jews, Roma. Representatives of Romanian, Georgian, Armenian, Estonian nations have lived in Lithuania for several decades only. Their migration to Lithuania started after World War II and continued in later years. 1961-1970 were the years of intensive migration when specialists and workers came from the republics of the Soviet Union to Lithuania’s new industrial enterprises and construction sites. It was then that Armenians, Azeris, Greeks, Ukrainians, Moldavians and representatives of other national background settled down in Lithuania. Over the period from 1979 to 1989 migration and natural increase of the population conditioned increase in the number of Russians, Poles, Byelorussians, Tartars, but the number of Jews and Latvians decreased. In 1980-1989 due to inter-republican migration Lithuania’s population increased by 61 000. After the restoration of independence there was a change in the directions and scope of migration with the CIS countries. Major changes occurred in the period from 1990 to 1993, when as many as 63 000 residents left Lithuania. At the same time there was a marked decrease in immigration. During the above-mentioned period Lithuania’s population decreased by 50 000 due to emigration to CIS countries. In the present decade migration has been conditioned by the processes of European integration and globalisation. Sociological research 29. In recent years a lot of sociological and anthropological research has been carried out for the purpose of analysing the history, culture, present-day condition and interethnic relations of national minorities living in Lithuania. 30. Sociological research “Profiles of tolerance in Lithuania: sociological research” was conducted on 6-9 November 2003. Implementing the National Human Rights Action Plan, the Market and Opinion Research Centre “Vilmorus” carried out the research. The purpose of the research was to identify public opinion in Lithuania about the representatives of other races, religion and most vulnerable social groups and to evaluate Lithuanians' experience of tolerance. The research indicated that Lithuanians consider themselves as being more tolerant than their neighbours. Work of governmental and non-governmental institutions, which prevent xenophobia and homophobia, was evaluated as positive. The results of the research show that Lithuanians are least tolerant to the Roma people, representatives of other sexual orientation, drug addicts and refugees. The respondents would be least willing to live in the neighbourhood of drug addicts (80.4%), alcoholics (59.7%), persons affected by AIDS (44.3%), persons with previous convictions (34.5%), Roma (25.4%), gays (22.7%), Moslems (10.8%), immigrants (4.8%), persons of other ethnic groups (3.2%), Jews (3.1%), families with many children (3%), persons of another race (2.7%), unemployed persons (2.6%). To all evidence social and not racial motives of exclusion are predominant in the society. The respondents voiced their attitude to various groups of people: blacks (30% of respondents had a positive attitude, 68.7% - neutral, 8% - negative), Moslems (accordingly 18.4%, 49.2%, 24.4%), Jews (accordingly 20.9%, 54.8%, 20.4%), migrants (accordingly 9.8%, 45.2%, 35.7%), refugees (accordingly 9.1%, 42.4%, 38.3%), Roma (accordingly 14.1%, 38.5%, 42.7%). Lithuanians feel that they are being discriminated against for age, gender, physical and mental disabilities. 7.5 % of respondents indicated that during the previous two years they had come across cases of persons being discriminated against because of race or ethnic background. The results of this research will be used when preparing the national programme against racism, xenophobia and intolerance. 31. The Department for Ethnosociology of the Institute for Social Research has been for several years conducting studies of ethnicity and modern nationalism, carrying out research of problems of adaptation of national minorities and new diasporas, ethnic tolerance and migration. The principal projects implemented by the Department for Ethnosociology are as follows: 31.1. In 1998-2003 the research “The Context and Progress of Adaptation of Lithuanian Ethnic Groups” was conducted. The subject of the research was peculiarities of post-Soviet adaptation of Lithuania’s major ethnic groups (Lithuanians, Russians, Poles) and the historical diasporas (Jewish, Tartar). The conducted empirical research compared the identity of different ethnic group members, their evaluation of their own past, the circle of social links, civic activity. By analysing more variants of adaptation, the authors of the project aimed at expanding the concept of minority integration. During the implementation of the project 3 monographs and teaching aids, 10 scientific articles were prepared, an international seminar was held (in 1998), reports were delivered at international and Lithuanian conferences; 31.2. The project “Recognition and Prevention of Ethnic Discrimination” was implemented in 2002-2003. The purpose of the project was discussing the instances of manifestation of ethnic discrimination and ethnic intolerance, methods of their evaluation, the significance of international documents for Lithuania. More attention was given to the Roma community, the problems they have to cope with – employment, housing, public services, etc.; 31.3. In 2003 the implementation of the project “Self-awareness of National Minorities and European Integration” was started. The project is aimed at determining the significance of the processes of European integration for Lithuania’s national minorities, establishing the factors which condition their attitude and judgements. By its character the research corresponds to monitoring – it is being watched whether or not and in what manner the population group takes part in the principal events in Lithuania. The basic directions of the research cover analysis of the attitude of national minorities towards Lithuania’s membership in the European Union, comprehension of membership in the European Union and of European Integration, analysis of opinion shaping factors. A study of Lithuania’s national minorities has been conducted. Provisions have been made for preparing a report of the study, holding an international conference and publishing a collection of articles (in 2004); 31.4. In 2002-2004 the international Project “On Ethnic Structure, Inequality and Governance of the Public Sector” is implemented. The project is being implemented by 26 countries, the coordinator is the UNRISD (Geneva). The data will be published in 2004. The Project consists of several stages. First of all the researchers present the general structure of ethnic group distribution and then proceed with analysing the inequality in the employment of the personnel of the principal governmental and other bureaucratic institutions – the Government, Parliament, political parties, etc. Although the public sector is in the focus of attention, emphasis is also placed on inequality connected with income, property education and labour market segmentation. It is being analysed how much the broader civil context conditions the irregularities of the public sector, in what way ethnic inequalities and cleavages are reflected in the principal public institutions. The subject of attention embraces problems of ethnic polarisation, equal opportunities of national minorities or their inclusion in the employment of personnel of public authorities and other institutions, inequalities in appointment to positions, the relevant decisive factors. The second part of the Project deals with public policy issues and is aimed at discussing possible reforms that would aid in the management of political competitiveness and pluralism in the public sector. 32. The following research has been conducted on the initiative of the Department of National Minorities and Lithuanians Living Abroad: in 2001 – sociological research of Roma living in the Roma encampments in Vilnius (carried out by the Institute for Labour and Social Research); in 2000 – “Studies of Ethnicity: Theoretical Reflections and Empirical Surveys” (carried out by the Lithuanian Institute of Philosophy and Sociology); in 1997 – “Eastern Lithuania and State Language” (carried out by the National Research Centre). 33. The Centre for Stateless Cultures was founded at the Faculty of Philosophy of Vilnius University in 1999. This to all evidence is the only centre in the world whose activities are connected exclusively with cultures that have no state or sovereignty status – Roma, Karaite, Old believer, Tartar, Yiddish. The Centre is dedicated to establishing serious programs of academic study, research and training in the history and cultural heritage of the above-mentioned minorities. The Stateless Cultures studies foster tolerance and respect of national minorities and help reject and repel preconceived negative ideas and stereotyping. The Centre for Stateless Cultures has accumulated a library of over 1 000 books which is catalogued and accessible not only to students and teachers but also to the public at large. The research trends of the Centre: Yiddish culture, language and history; the social structure of Lithuania’s Roma community, customary law provisions, gender roles and other features of Roma ethnoculture; the cultural heritage of Lithuania’s Old believers; history and ethnography of Lithuania’s Tartars; culture of the Karaites of Lithuania. The Centre for Stateless Cultures organises events on a regular basis acquainting the academic community and the general public with the stateless cultures. Open workshops dedicated to a specific national minority are weekly held at the Faculty of Philosophy of Vilnius University. The events attract a lot of attention. On 7-9 December 2000 and 4-6 December 2002 the Centre for Stateless Cultures held two international scientific conferences dedicated to stateless cultures. In 2001 the Vilnius Yiddish Institute was established at the Faculty of History of Vilnius University. The Institute supports the Yiddish studies programme of the Centre for Stateless Cultures. In 2002-2003 the Institute accumulated a 2978-strong library, carried out the book cataloguing work. The Institution data base has accumulated 4 500 addresses (institutions and personal), the Internet web site has been created: www.yidishvilnius.com., the electronic guest book has become functional. The Vilnius Yiddish Institute is implementing educational, scholarly and cultural projects whose purpose is to enable participants to reconnect to authentic Yiddish culture, to the history of its development and its unique living civilisation. In 2002 and 2003 the Vilnius Yiddish Institute organised festivals of Yiddish art, incorporating Yiddish film festivals, concerts of Yiddish music (held in 2002), evenings of Yiddish poetry and music. Lithuania’s publishers have published 2 books – by D. Katz “Lithuanian Jewish Culture” and by Š. Liekis “A State within a State? Jewish Autonomy in Lithuania.” The Institute is organising the Annual Vilnius Program in the Yiddish Language and Culture in Vilnius, Lithuania, undertakes linguistic expeditions to North West Ukraine and Belarus, holds weekly open academic workshops. ARTICLE 2 Implementation of the Convention 34. In response to the concern voiced in the Concluding Observations (paragraph 10) of the Committee on the Elimination of Racial Discrimination, we present information regarding direct application of the Convention in Lithuania’s legal system. Paragraph 1 of Article 138 of the Constitution of the Republic of Lithuania provides for the grounds based whereon the Seimas (Parliament of the Republic of Lithuania) shall ratify international treaties of the Republic of Lithuania. Paragraph 3 of Article 138 of the Constitution of the Republic of Lithuania provides that International agreements which are ratified by the Seimas of the Republic of Lithuania shall be the constituent part of the legal system of the Republic of Lithuania. Mandatoriness of international treaties is established in Article 11 of the Law of the Republic of Lithuania on Treaties: “1. Every treaty in force is binding upon the parties to it and must be performed by them in good faith. 2. If an effective ratified treaty of the Republic of Lithuania establishes norms other than those established by the laws, other legal acts of the Republic of Lithuania in force at the moment of signing of the treaty, the provisions of the treaty of the Republic of Lithuania shall apply.” 35. Moreover, the legal provision of the common international law, i.e. the principle pacta sunt servanda which means that every treaty in force is binding upon the parties and must be performed by them in good faith, has been set forth in 1969 Vienna Convention on the Law of Treaties. 36. The relation between the international and national law in Lithuania is based on the monistic principle, i.e. direct interaction between the international and national law is recognised. Thus, in Lithuania’s legal system treaties have a direct effect, however, in view of the character of the treaty supporting legislation may be enacted in order to ensure the coming into effect and performance of treaties. There is no separate legislation regulating direct application by courts of the international convention. The issue is left to be decided through court practice. It is stated in the Conclusion of the Constitutional Court of the Republic of Lithuania of 24 January 1995 on the Compliance of Articles 4, 5, 9, 14 of Protocol No 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms with the Constitution of the Republic of Lithuania and the Ruling of the Constitutional Court of the Republic of Lithuania of 17 October 1995 on the Compliance of Part 4, Article 7 and Article 12 of the Law of the Republic of Lithuania “On International Treaties of the Republic of Lithuania” with the Constitution of the Republic of Lithuania that upon their ratification and enforcement the international agreements will become the constituent part of the legal system of the Republic of Lithuania and shall be applied in the same way as laws of the Republic of Lithuania. Cases may be cited in the court practice of direct application by courts of international conventions, to wit, the European Convention on Human Rights. It should be noted that the International Convention on the Elimination of all Forms of Racial Discrimination which became effective in Lithuania on 9 January 1999 is a directly applicable treaty, however, no court practice has as yet been formed regarding the application if the Convention. Provisions prohibiting discrimination 37. In addition to the information on the implementation of the obligations provided for in paragraph 1 of Article 2 of the Convention presented in the Initial Report it should be noted that Lithuania’s basic laws lay down the provisions prohibiting discrimination on the grounds of race. 38. Article 29(1) of the Constitution of the Republic of Lithuania lays down the principle of equality of persons before the law, court and other state institutions or officers: “All persons shall be equal before the law, the court and other State institutions and officers.” Reference should also be made to Article 6 of the Law of the Republic of Lithuania on Courts stating that: “All persons shall be equal before the law and the courts. A person's rights may not be limited nor may he been given any privileges on account of his sex, race, ethnic background, language, origin, social position, religious belief, convictions, views or any other circumstances.” 39. Article 2.76 of the Civil Code of the Republic of Lithuania regulates prohibition of discrimination: it is prohibited to establish in legal acts, for discrimination purposes, different rights, obligations or privileges for separate legal persons. 40. Article 5(1) of the Code of Civil Procedure of the Republic of Lithuania provides that every interested person shall be entitled to apply to the court in the manner prescribed by law seeking remedy in case of an infringed or contested right or protection of lawful interest, whereas the principle of equality of persons before the law and the court, governing administration of justice, is enshrined in Article 6: “Justice in civil cases shall be administered only by courts governed by the principle of equality of persons before the law and the court, irrespective of their sex, race, ethnic background, language, origin, social position, religion, views or convictions, type and character of activity and other circumstances.” 41. Article 169 of the Criminal Code of the Republic of Lithuania provides for criminal liability for criminal acts connected with racial or any other type of discrimination: “Discrimination on the Basis of Ethnicity, Race, Sex, Origin, Religion or Belonging to other groups. Any person who commits acts aimed at a certain group of people or a member thereof on account of their sex, sexual orientation, race, ethnic background, language, origin, social position, religion, convictions or opinions with a view to interfere with their rights to participate as equals in political, economic, social, cultural, labour or any other activity or to restrict the human rights or freedoms of such a group of people or of its member, shall be punished with community service work or a fine, or detention, or imprisonment for a period of up to three years.” 42. Racial discrimination is also prohibited by subparagraph 4 of Article 2(1) of the Labour Code of the Republic of Lithuania, which provides for equality of subjects of labour law irrespective of their gender, sexual orientation, race, ethnic background, language, origin, citizenship and social position, religion, marital and family status, age, convictions or opinions, political party or public organisation membership, factors unrelated to the employee’s professional qualities. 43. Subparagraph 1 of Article 5 of the Republic of Lithuania on Education lays down the principle of the educational system based on equal opportunity: “the educational system is fair, it ensures equality for individuals irrespective of gender, race, ethnic background, language, origin, social position, religion, beliefs or convictions; it assures each individual access to education, opportunity for attainment of a general education level and a primary qualification and creates conditions for in-service education or gaining a new qualification.“ 44. It is worth while mentioning, that the Citizenship Law of the Republic of Lithuania of 2002 does not provide for a possibility to deny citizenship to persons who have contracted especially dangerous infectious diseases. Neither does the Law provide for any restrictions on the grounds of race, ethnic background, origin, or any other grounds when acquiring, granting, retaining or losing citizenship. 45. Moreover, following adoption of amendments to Articles 2, 3, 6, 9, 12, 13, 17, 23, 24, 25, 26, 28, 29, 32, 34, 35, 41, 55. 58, 62, 63, 64, 86. 88 of the Law of the Republic of Lithuania on Elections to Municipal Councils, permanent residents of municipalities have been granted the right to elect and be elected to municipal councils. 46. The Law of the Republic of Lithuania on Health System (No I-552 of 19 July 1994 ) lays down the principle of health system activities, providing for the equality of the individual’s rights to have the best possible health regardless of his or her sex, race, ethnic background, citizenship, social status and profession. 47. The Law of the Republic of Lithuania on the Rights of Patients and Compensation for Damage to their Health (No I-1562 of 3 October 1996 ) lays down the principle of health activities in Article 3 which regulates the right of individuals to health care: “The rights of patients may not be restricted in health care institutions because of gender, age, race, ethnic background, language, origin, social status, religion, convictions or opinions.“ 48. Article 4 of the Law of the Republic of Lithuania on Police Activities (No VIII-2048 of 17 October 2000) establishes that the police shall impartially protect all persons who are in the territory of the Republic of Lithuania, regardless of their ethnic background, race, sex, language, origin, social status, religious beliefs, convictions or views. 49. The Law of the Republic of Lithuania on National minorities was passed on 23 November 1989. There was no definition of ethnic minority in the Law. The Law stipulates that any discrimination with regard to race, ethnicity or national background, language or anything else related to ethnicity shall be prohibited and published according to the procedure provided by law. In Lithuania, contrary to certain other states, it is not specified which ethnic communities have national minority status. In fact every citizen of the Republic of Lithuania who considers himself a person belonging to a national minority shall either himself or together with other persons be entitled to all guarantees provided by law for the preservation of national and cultural identity. 50. It should be noted that a new draft law amending the Law of the Republic of Lithuania on National minorities has been prepared. The draft law defines national (ethnic) minority as a group of people residing in the Republic of Lithuania who have chosen, of their free will, to belong to a nation or a an ethnic group other than Lithuanian. A person belonging to a national minority is a person who has chosen, of his/her free will, to belong to a national minority or an ethnic group and who seeks to preserve the culture of his/her nation or ethnic group, i.e. language, traditions, customs, national or ethnic identity. The Department of National minorities and Lithuanians Living Abroad has developed the draft concept of ethnic policy of the Republic of Lithuania which is under consideration of competent authorities according to the procedure established by the Government of the Republic of Lithuania. Law of the Republic of Lithuania on Equal Treatment 51. On 18 November 2003 the Seimas of the Republic of Lithuania passed the Law on Equal Treatment (No IX-1826) the purpose of which is to ensure the implementation of equal rights enshrined in the Constitution of the Republic of Lithuania, to prohibit any direct or indirect discrimination on the grounds of age, sexual orientation, disability, race or ethnicity, religion or convictions, save for the following restrictions and requirements set by law: restrictions imposed in respect of age; requirement to have a command of the State language; prohibition to take part in political activities; different rights enjoyed due to citizenship; special health care, safety at work, employment, labour market conditions  seeking to create and apply for the persons with disability conditions and possibilities ensuring and promoting their integration into labour environment; special provisional measures applied with a view to ensuring equality and preventing violations of equal treatment by reason of age, sexual orientation, disability, racial or ethnic origin, religion or convictions. 52. The Law establishes the obligation of State government and administration institutions, educational institutions and employers to implement equal rights and sets the requirement to ensure equal treatment in the area of consumer protection. According to Article 10 of the Law, job advertisements, notices of vacancies in public service may not specify any requirements giving priority to persons of certain age, certain sexual orientation, persons without disabilities, persons of a certain racial or ethnic origin. A person who believes that discriminatory actions specified in the Law have been applied to him or that he has been subjected to harassment shall have the right to apply to the Equal Opportunities Ombudsman. The Equal Opportunities Ombudsman is charged with the supervision of the implementation of the Law in accordance with the procedure established in Chapter VI of the Law of the Republic of Lithuania on Equal Opportunities of Women and Men. The passing of the Law on Equal Treatment has provided all persons subjected to any direct or indirect discrimination with a possibility to apply to the Equal Opportunities Ombudsman. The Law will come into force as of 1 January 2005. 53. By the passing of the Law of the Republic of Lithuania on Equal Treatment the following directives of the European Union have been implemented: Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Council Directive 2000/78/EC of 27 November 2000 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Asylum and Refugee Policy 54. The Law of the Republic of Lithuania on Refugee Status (No I-1004 of 4 July 1995) is the basic legal act regulating the procedure of granting asylum. The provisions of the Law have been harmonised with 1951 Convention Relating to the Status of Refugees, the acquis of the European Union on the issues of asylum, regulation of the procedure of asylum seekers’ detention and application of alternatives to detention. On 6 February 2002 the amendments to the aforesaid Law relating to the regulation of legal status of asylum seekers who are minors not accompanied by parents or other legal representatives entered into force. The unaccompanied minors shall not be subjected to any special procedures (application of the principles of safe third country, safe country of origin, manifestly unfounded application for asylum) and the applications for asylum lodged by such children shall proceed by order of priority. Unaccompanied minors who are asylum seekers shall be provided with accommodation at the Refugee Reception Centre, where they are placed in temporary custody. 55. Applications for asylum shall also be processed in accordance with the Republic of Lithuania Law on the Legal Status of Aliens (No VIII-978 of 17 December 1998 ), other legal acts specifying the requirements of the laws referred to above – Order of the Minister of the Interior No 528 of 5 October 2001 “Regarding the Approval of the Procedure for Processing Applications for Granting Refugee Status and for Issuing Personal Documents” and Order No 294 of 10 June 2002 “Regarding the Approval of the Rules of Lodging, Processing, Decision making and Execution of Permits for Temporary Residence in the Republic of Lithuania.” 56. The granting of asylum means issue of a permit of temporary or permanent residence in the Republic of Lithuania and provision of social assistance to an alien who has been granted asylum. Aliens who have been granted the status of refugee or issued temporary residence permit for humanitarian reasons (based on the principle of non-refoulement, because of ill health, when the alien must undergo treatment in the Republic of Lithuania or for any other reasons). 57. Application for asylum may be lodged in writing or by word of mouth to the State Border Protection Service under the Ministry of the Interior, territorial police office, Foreigner Registration Centre, other State or municipal institutions or agencies. 58. Applications for the issue of temporary residence permits for humanitarian reasons shall be submitted to the diplomatic missions or consular posts of the Republic of Lithuania abroad or to the  territorial police offices in the Republic of Lithuania. 59. Where accelerated procedure of application processing is applied, an alien’s application for refugee status shall be processed within one month from the day of receipt by the Migration Department of the conclusion regarding consideration of the application on the merits. If there are valid reasons precluding the processing of the application within the set time period, it shall be processed according to the general procedure and the Foreigners’ Registration Centre shall be notified thereof in writing. If the general procedure of application processing is applied, the alien’s application for the issue of the refugee status shall be processed within 6 months from the receipt by the Migration Department of the conclusion regarding consideration of the application on the merits. If for valid reasons the application may not be processed within the said period, the head of the Migration Department may set a longer period, however the total length of the time period of processing of the alien’s application for the granting of refugee status shall not exceed 12 months. The application to issue a permit of temporary residence in Lithuania for humanitarian reasons shall be processed for the first time within 3 months, for the second and third time within one month. 60. The aliens who lodge applications for asylum are accommodated at the Foreigners’ Registration Centre which is subordinate to the State Border Protection Service under the Ministry of the Interior pending the determination of the procedure for considering the application for asylum on …