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GOVERNMENT OF THE REPUBLIC OF LITHUANIA

In short

This resolution approves Lithuania's Second and Third Periodic Report on the elimination of racial discrimination, fulfilling its obligations under an international convention. It details legislative changes and institutional efforts made between 2000 and 2003 to combat racial discrimination.

What it regulates

  • The approval and submission of Lithuania's report on racial discrimination to the United Nations.
  • The translation of the report into English.
  • The implementation of Article 9 of the International Convention on the Elimination of all Forms of Racial Discrimination.
  • Progress made by Lithuania in implementing the Convention's provisions from 2000-2003.

Who it concerns

  • The Government of the Republic of Lithuania.
  • The Ministry of Foreign Affairs.
  • The Secretary General of the United Nations.
  • Various Lithuanian state institutions, municipalities, education and science institutions, and non-governmental organisations that contributed information to the report.

Key points

  • The Government of the Republic of Lithuania approved the Second and the Third Periodic Report under the International Convention on the Elimination of all Forms of Racial Discrimination.
  • The Ministry of Foreign Affairs is charged with translating the report into English and submitting it to the Secretary General of the United Nations.
  • New legal acts passed between 2000-2003, such as the Civil Code, Criminal Code, Labour Code, and Law on Equal Treatment, aim to implement Articles 2 to 7 of the Convention.
  • The Law of the Republic of Lithuania on Equal Treatment (No IX-1826 of 18 November 2003), effective 1 January 2005, prohibits direct or indirect discrimination based on age, sexual orientation, state of health, race, ethnic origin, religion, or opinions.
Įstatymo tekstas
Įstatymo tekstas

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
  3. 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:
  4. 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
  5. 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.
  6. the Civil Code of the Republic of Lithuania (No VIII-1864 of 18 July 2000 ), which came into force on 1 July 2001; 3.
  7. 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.
  8. 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.
  9. the Criminal Code of the Republic of Lithuania (No VIII-1968 of 26 September 2000) , which came into force on 1 May 2003; 3.
  10. 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.
  11. the Labour Code of the Republic of Lithuania (No IX-926 of 4 June 2002), which came into force on 1 January 2003; 3.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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
  18. 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.
  19. on 14 December 1999, the United Nations Convention relating to the Status of Stateless Persons - entered into force on 7 May 2000; 4.
  20. on 17 February 2000, the Council of Europe Framework Convention for the Protection of National Minorities - entered into force on 1 July 2000; 4.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. 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.
  26. on 1 April 2003, Rome Statute of the International Criminal Court - entered into force on 1 April 2003; 4.
  27. 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.
  28. 16 October 2003, Protocol No 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms - entry into force pending.
  29. 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
  30. 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.
  1. 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
  2. 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
  3. 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
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. The National Communities Council was formed under the President of the Republic on 28 April 2003 by Decree No
  11. 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.
  12. 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
  13. 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.
  14. At the beginning of 2003 Lithuania’s population was 3 462
  15. 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
  16. 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
  17. 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
  18. 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.
  19. 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.
  20. 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
  21. 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
  23. 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.
  24. 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 -
  25. 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.
  26. 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
  27. In 1997 the international scientific conference was held to mark the 600th anniversary of settlement of the Tartars and Karaites in Lithuania.
  28. 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
  29. 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.
  30. 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.
  31. 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.
  32. 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
  33. 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
  34. 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.
  35. Sociological research “Profiles of tolerance in Lithuania: sociological research” was conducted on 6-9 November
  36. 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.
  37. 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.
  38. 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.
  39. The project “Recognition and Prevention of Ethnic Discrimination” was implemented in 2002-
  40. 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.
  41. 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.
  42. 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
  43. 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.
  44. 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).
  45. The Centre for Stateless Cultures was founded at the Faculty of Philosophy of Vilnius University in
  46. 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
  47. 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: “
  48. Every treaty in force is binding upon the parties to it and must be performed by them in good faith.
  49. 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.”
  50. 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.
  51. 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
  52. 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.
  53. 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.”
  1. 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.”
  2. 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.
  1. 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.“
  2. 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.
  3. Moreover, following adoption of amendments to Articles 2, 3, 6, 9, 12, 13, 17, 23, 24, 25, 26, 28, 29, 32, 34, 35, 41,
  4. 58, 62, 63, 64,
  5. 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.
  6. 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.
  7. 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.“
  8. 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.
  9. The Law of the Republic of Lithuania on National minorities was passed on 23 November
  10. 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.
  11. 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
  12. 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.
  13. 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
  15. 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
  16. 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.
  17. 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.”
  18. 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).
  19. 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.
  20. 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.
  21. 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.
  22. 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 the merits (the decision is taken within a month) and if a decision is taken to consider the application according to accelerated procedure
  23. Aliens are placed at the Refugee Reception Centre (subordinate to the Ministry of Social Security and Labour) if a decision is taken process the application according to the regular procedure as well as in the cases when, after considering the application for asylum according to accelerated procedure, a favourable decision is taken and the alien is granted asylum.
  24. If immediate expulsion of aliens who illegally enter or reside in Lithuania is not possible, on court order they are accommodated at the Foreigners’ Registration Centre.
  25. In 2000 351 aliens were accommodated at the Foreigners’ Registration Centre, in 2001 – 456, in 2002 – 570 and during 9 months of 2003 – 239 aliens. In September 2003 72 aliens were residing in the Centre, of them 18 asylum seekers and 54 illegal migrants.
  26. In February 2000 the Refugee Reception Centre accommodated 188 aliens from 17 states, the majority of them from Afghanistan and Somalia, in October 2001 – 150 aliens, the majority of them
(127)Russian nationals, in October 2002 – 207 aliens, the majority of them
(166)Russian nationals.
  1. An application for asylum is considered according to accelerated procedure if it is manifestly unfounded or it is an abuse of asylum procedures. In 2002 only 10 % of the applications (in 2001 – 20%) were examined according to accelerated procedure.
  2. When an alien’s application is considered on its merits according to the general procedure, the Migration Department issues the alien’s registration certificate granting the right to temporary territorial residence and the person is transferred to the Refugee Reception Centre (subordinate to the Ministry of Social Security and Labour). The Migration Department must process the application for granting refugee status within 6 months. If granting refugee status is refused by the decision of the Migration Department, the decision may be appealed to Vilnius district administrative court within 14 days from the receipt of the decision. Having considered the appeal the court may allow it and obligate the Migration Department to grant the status of refugee.
  3. If an alien lodges an application for issuing a permit for temporary residence in Lithuania for humanitarian reasons, the Migration Department shall consider the application within 3 months from the receipt thereof. If the issue of the permit of temporary residence for humanitarian reasons is refused on the decision of the Migration Department, the alien may appeal the decision to Vilnius district administrative court within 7 days after having been introduced to it. Having considered the appeal the court may allow it and obligate the Migration Department to issue a permit of temporary residence in the Republic of Lithuania for humanitarian reasons.
  4. All decisions taken during the asylum granting procedure may be appealed to appropriate courts of the Republic of Lithuania. Special procedures are not applied and the aliens of Afghan or Chechen ethnic groups are not distinguished when considering applications for granting refugee status in the Republic of Lithuania and for issuing a permit of temporary residence for humanitarian reasons. All asylum seekers are subject to the same procedures and the same criteria. The same holds true speaking of the implementation of social programmes. Statistical data on the granting of asylum (1999-2003) Year Number of applications for asylum Number of decisions taken on the granting of asylum Granted refugee status Asylum granted for humanitarian reasons 1997 242 6 - 1998 159 28 - 1999 143 11 - 2000 303 15 80 2001 425 3 266 2002 546 1 287 2003 644 3 485 Total 2462 67 1118 Data of the Migration Department under the Ministry of the Interior
  5. The following rights of asylum seekers and guarantees offered to them are provided for in Article 17
(1)of the Law of the Republic of Lithuania on Refugee Status: 69.
  1. to live in the Foreigners’ Registration Centre or Refugee Reception Centre and the right to make use of the services provided by the centres; 69.
  2. to manage and notarise documents; 69.
  3. to make use of the right to state guaranteed legal assistance; 69.
  4. to receive compensation for the use of public transport; 69.
  5. to make use of interpretation services free of charge; 69.
  6. to make use of medical services in the Refugee Reception Centre or Foreigners’ Registration Centre according to the established procedure; 69.
  7. to receive a monthly allowance for minor expenses as prescribed by the Minister of Social Security and Labour.
  8. Children of the families living at the Foreigners’ Registration Centre or Refugee Reception Centre are entitled to attend schools of general education.
  9. At the Foreigners Registration Centre persons are guaranteed primary health care and first aid with a possibility to undergo inoculation. Persons who have been subjected to torture and violence, minors, single mothers and elderly persons are offered psychological assistance. Isolation and hospitalisation of persons suspected of having contracted dangerous infectious diseases is guaranteed. Conditions are provided for using the library of the Foreigners Registration Centre, to take part in sports competitions, cultural events, to perform religious rites.
  10. At the Foreigners Registration Centre the daily allocation for food for an adult alien is LTL 4.7, for a child LTL 5.
  11. Aliens who have lodged an application for granting refugee status are monthly paid from the State Budget of the Republic of Lithuania an allowance in the amount of 0.2 of the minimum living standard (LTL 25).
  12. The construction hygiene standard prescribes allocation at the Foreigners’ Registration Centre of 5 sq. m. of residential space per alien. At the present time the living conditions at the Foreigners’ Registration Centre correspond to the above requirements.
  13. The Foreigners’ Registration Centre can accommodate 500 aliens. A new building built with PHARE funds was commissioned at the Foreigners’ Registration Centre on 31 January 2000 for aliens who lodge application for refugee status. Social integration of aliens who have been granted asylum
  14. If a decision is taken to consider the alien’s application for asylum on the merits according to the general procedure, the alien is transferred from the Foreigners’ Registration Centre to the Refugee Reception Centre and accommodated there pending the adoption of the final decision on his application for asylum or the signing of an agreement with the municipality or a non-governmental organisation on the provision of assistance for social integration and until he leaves the Centre for the place locality in Lithuania where the assistance will be provided. Thus both the aliens who have been granted asylum and asylum seekers live at the Refugee Reception Centre.
  15. The Refugee Reception Centre set up in 1996 in Rukla settlement, Jonava district, provides the asylum seekers accommodated in the Centre with the assistance and services prescribed by the state. The Ministry of Social Security and Labour is the founder of the Centre. According to the Regulations of the Refugee Reception Centre approved by Order No 45 of 29 March 2002 of the Minister of Social Security and Labour, organisation and implementation of social integration of aliens who have been granted asylum is also among the functions of the Centre.
  16. In September 1998, 197 aliens were accommodated at the Centre. They came from 12 countries, the majority of them from Somalia and Afghanistan. In October 1999 208 aliens from 12 counties were living at the Centre, the majority of them from Somalia and Afghanistan, in February 2000 188 aliens from 17 countries, most of them from Somalia and Afghanistan, in October 2001 150 aliens, the majority of them
(127)Russian nationals, in October 2002 207 aliens, most of them
(166)Russian nationals. Number of Refugee Reception Centre residents broken down by gender and age Year Men (in percentage) Women (in percentage) Children (in percentage) 1998 51.5 13.8 34.7 1999 50.8 14.7 34.5 2000 55.7 13.7 30.6 2001 39.3 18 42.7 2002 44.2 18.8 37 Data of the Ministry of Social Security and Labour
  1. At the Refugee Reception Centre asylum seekers are offered free Lithuanian language courses for receiving I qualification category (course duration 96 hours). Aliens may use services of the Centre library and the media (television and radio), go in for sports, take part in cultural events, engage in community work. Where possible, the residents of the Centre are offered vocational training and requalification courses. Residents of the Refugee Reception Centre are entitled to perform religious rites not infringing thereby the rights of followers of other religions.
  2. Daily subsistence allocation per person at the Refugee Reception Centre: 79.
  3. single persons – LTL 4.6; 79.
  4. spouses – LTL 4.2; 79.3.children under 18 years of age – LTL 4.2; 79.
  5. unaccompanied children under 18 years of age – LTL 4.
  7. On 5 December 2002 a co-operation agreement regarding vocational training and employment of aliens who have been granted asylum was signed between the Labour Exchange of Jonava and the Refugee Reception Centre. Meetings of the Centre residents and representatives of the Refugee Reception Centre of Jonava are held on a regular basis seeking to familiarise the aliens with the situation on Lithuania’s labour market, the professions that are in demand, requalification and employment possibilities as well as employment programmes offered by the labour exchange.
  8. Currently all residents of the Refugee Reception Centre are offered courses introducing them to Lithuania’s local realities. The aliens attend lectures on Lithuania’s history, geography, culture, legislation.
  9. The State assistance for social integration of aliens who have been granted asylum is provided according to the Social Integration Programme of Aliens who have been Granted Asylum the duration of which is 12 months. The Programme is implemented in compliance with Republic of Lithuania Government Resolution No 572 of 17 May 2001 “On the Approval of the Procedure for Social Integration of Aliens who have been Granted Asylum.” Individual social integration programme of aliens who have been granted asylum, financed with the State Budget funds, may be extended for additional 12 months in case of failure to fully implement the Programme during the prescribed period through no fault of the alien who has been granted asylum.
  10. The Programme for Social Integration of Aliens who have been Granted Asylum is developed along the following lines: 83.
  11. provision of temporary accommodation: provision of lodging for the period of the Programme implementation, making arrangements for the acquisition of the necessary pieces of furniture and utensils using the allocated single allowance funds (in the amount from LTL 1250 per single person up to LTL 3750 per family). During the period of integration the aliens who have been granted asylum may be accommodated in: the lodgings of the municipal housing stock; lodgings at residential premises belonging to enterprises, agencies or organisations and natural persons; institutions of guardianship (curatorship) or places of residence of guardians (curators); social integration centres; 83.
  12. organisation of education: the aliens who have been granted asylum are entitled to study in the manner prescribed by the Law of the Republic of Lithuania on Education and other laws; arrangements are made for the education of pre-school and school-age children, adults are offered 190-290-hour Lithuanian language courses; 83.
  13. organisation of employment: the aliens who have been granted asylum may freely choose a job or engage in any other legal activity on the basis of equal rights with the citizens of the Republic of Lithuania, unless the laws make possession of Lithuanian citizenship a mandatory condition for employment. If aliens who have been granted asylum need State assistance for getting an employment, the funds allocated for the Programme for Social Integration of Aliens who have been Granted Asylum shall be used for implementing additional measures for organising their employment – assistance in getting employment, re-qualification, etc. (for greater detail see Article 5 of the Report) 83.
  14. guaranteeing social protection: if the aliens who have been granted asylum cannot support themselves from work or with any other income they receive, they are entitled during the period of social integration to a monthly allowance for basic needs – food, clothing, articles of personal hygiene, public transport, etc. The monthly allowance for basic needs in the amount of LTL 121.5 is paid from the funds earmarked for the Programme for Social Integration of Aliens who have been Granted Asylum. 83.
  15. ensuring health protection: during social integration period arrangements are made to ensure the aliens who have been granted asylum provision of personal health care services and public health care services in compliance with the Law of the Republic of Lithuania on Health System, the Law of the Republic of Lithuania on Health Insurance, and other legal acts; 83.
  16. raising public awareness about the aliens who have been granted asylum aiming at preventing their isolation and xenophobic attitudes and supporting tolerance in the society.
  17. The Ministry of Social Security and Labour has charged the Social Institutions Supervision and Audit Department under the Ministry of Social Security and Labour to implement the Programme for Social Integration of Aliens who have been Granted Asylum. The Department decides on the inclusion of aliens who have been granted asylum into the State-supported Programme for Social Integration of Aliens who have been Granted Asylum, concludes co-operation agreements with municipalities and non-governmental organisations regarding their social integration, controls individual social integration implemented by the said institutions and the use of the funds allocated for this purpose. The Programme is implemented taking into account the demographic and social composition of every group, determining the aliens’ level of social skills, level of education, need for vocational guidance.
  18. In 2002 the Ministry of Social Security and Labour provided state aid to 185 persons for their integration into Lithuania’s society (it was planned to provided aid to 69 persons for the entire 12-month period of the Programme duration). Aid was intended for the renting residential premises, Lithuanian language courses, education of pre-school children in nursery schools and for education at schools of general education, for health insurance , for a single settlement allowance.
  19. The Social Institutions Supervision and Audit Department addresses the issues of social integration of aliens granted asylum in co-operation with the municipalities of the towns of Kaunas, Klaipėda, Vilnius, Marijampolė and Telšiai district, Lithuanian Red Cross Society, the “Caritas” of the Archdiocese of Vilnius, public agency “Eupro”. Aliens granted asylum, who have been provided State aid for social integration (according to the country of origin) State Aliens granted asylum, who have been provided State aid for social integration 2000 2001 2002 1st half of 2003 Afghanistan 38 33 16 6 Russian Federation 9 67 150 222 Iran 6 6 – – Iraq 4 – 1 – Somalia – 13 10 2 Sri Lanka – 4 3 3 Pakistan – 4 4 – Congo – – 1 1 Other 3 2 1 – Total 60 129 185 234 Data of the Ministry of Social Security and Labour
  20. The aliens who have been granted asylum are entitled to humanitarian and other assistance. Natural and legal persons of the Republic of Lithuania and foreign states may establish refugee funds whose activities may also be supported by other states, international organisations, natural and legal persons. In Lithuania the aliens who have been granted asylum exercise all rights established for aliens under the international treaties and laws of the Republic of Lithuania. The refugees who are permanently resident in Lithuania are entitled to use all social guarantees established by law for the country’s permanent residents: social assistance benefits, compensation of heating expenses, cold and hot water expenses, funeral benefit, etc.
  21. When organising the implementation of education, employment and vocational guidance programmes for asylum seekers, aliens granted asylum and refugees, regard should be had not only to the difference in their level of education and possessed social skills, but also to gender differences and the resulting different possibilities of women and men to participate in the labour market on equal rights basis. This is conditioned by traditions, religious beliefs, attitude to women in the countries of origin. According to public opinion polls conducted at the Refugee Reception Centre, 80% of the aliens are religious believers. They belong to different religious confessions, but the majority of them are Moslems (63 %), 4.8% are Buddhists, 3.8% Russian Orthodox believers, 4% Catholics.
  22. The majority of aliens do not satisfy the requirements of Lithuania’s labour market because of their inadequate level of education. It could also be mentioned that in many instances asylum seekers and aliens granted asylum are not intending to stay in Lithuania, therefore their interest in learning the Lithuanian language and finding a job is limited. Legal Status of Aliens
  23. The issue of legal status of aliens is regulated by the Constitution of the Republic of Lithuania, the Law of the Republic of Lithuania on Legal Status of Aliens, other laws and international treaties of the Republic of Lithuania.
  24. On 12 June 2001 the Seimas of the Republic of Lithuania passed the Law on the amendments to the Law on the Legal Status of Aliens (No IX-372) which in most cases refer to the legal status of aliens coming to Lithuania in accordance with the Europe Agreement establishing an association between the European Communities and their Member States of the one part and the Republic of Lithuania of the other part, concluded on 12 June 1995 in Luxembourg. The aim of the Agreement is to ensure free movement of persons, goods, services and capital. Lithuania’s preparedness for EU membership, harmonisation of Lithuania’s legal acts with the EU acquis in the field of migration ushered in a new stage of immigration policy development. The Law and the supporting legislation laid down a possibility for the EU Member State nationals and their family members to receive permits of temporary residence in Lithuania in a shorter period, according to the accelerated procedure and for a longer period of stay. It should be noted that the procedure of employment of the EU Member State nationals and their family members has also been simplified. The EU Member State nationals and their family members who intend to work in Lithuania under employment contract are not required to obtain a work permit.
  25. Basic goals of the State immigration policy are as follows: 92.
  26. to regulate migration flows by legal means – remove obstacles for free movement of persons, at the same time preventing illegal migration; 92.
  27. to develop administrative capacities of public servants whose work is connected with migration; 92.
  28. to monitor and analyse migration processes; 92.
  29. to analyse the efficiency of migration policy being implemented.
  30. In the Republic of Lithuania aliens are equal before the law without distinction as to sex, race, colour, language, religion, origin, religion, political or other convictions, national or social origin, belonging to a national minority, property, place of birth or any other status.
  31. Aliens are issued permits of temporary or permanent residence in the Republic of Lithuania. Aliens who intend to stay in the Republic of Lithuania for a period exceeding 3 months in a six months period counting from the date of entry into the Republic of Lithuania or to take up employment or engage in any other legal activity must obtain a permit for temporary residence in the Republic of Lithuania. A permit for temporary residence in the Republic of Lithuania is issued for one year. To an EU Member State national the permit may be issued for an up to 5 year period (except in cases of entry into the country for studies or family reunification). A permit for permanent residence in the Republic of Lithuania is issued for a period of 5 years. Programmes and Action Plans of the Government of the Republic of Lithuania
  32. Currently the Government of the Republic of Lithuania is implementing two support programmes for the national minorities - the Programme for the support for cultural activities of the communities of the national minorities and the Programme for the Integration of Roma into Lithuanian Society for 2000-
  34. The Programme for the Support for Cultural Activities of the Communities of the National Minorities provides for measures aimed at developing civic engagement of the residents belonging to national minorities, helping to preserve the identity and culture of national minorities, supporting the House of National Communities and its activities aimed at popularising the culture of national minorities, providing assistance to public activities of national minorities according to the projects prepared by them. The Programme was initiated in
  35. Every year LTL 525 000 are allocated from the State Budget for the implementation of the measures provided for in the Programme. The funds are used for supporting the House of National Communities in Vilnius, housing headquarters of public organisations of 11 national minorities. They have at their disposal the premises, utilities, communications free of charge. Every year the Programme funds are used for providing assistance to over 120 cultural and educational projects prepared by the national minority organisations. From 2002 the Programme funds have been used for supporting 10 Sunday schools of national minorities. Every year Lithuanian language courses are organised in the House of National Communities for socially vulnerable persons. Seminars, conferences, round table discussions of issues of national minority protection are held at the House of National Communities on a regular basis.
  36. The Roma integration Programme for 2000-2004 approved by Resolution of the Government of the Republic of Lithuania No 759 of 1 July 2000 aims at providing the Roma national minority (especially the Roma community of Vilnius) with the conditions for integration into Lithuania’s society. LTL 150 000 are annually allocated from the State and municipal budgets of the Republic of Lithuania for the implementation of the measures provided for in the Programme.
  37. Implementing the Programme in 2001 the Roma public centre was built in the largest Kirtimai Roma settlement in Vilnius. The centre is engaged in educational, cultural and public activities. The Centre has 2 classes of pre-school education attended by 26 children. The centre also offers Lithuanian language, computer literacy and sewing courses for teenagers and adults, as well as choreography, music, art and dancing classes. The Centre has 12 employees, 6 of them Roma. The Centre has a teacher, psychologist, social worker, choreographer, art teacher and coach on its employee list. People are offered legal consultations at the Centre. In 2003 a sanitary and hygiene centre with a sauna and washing machines was constructed in Kirtimai. The centre is managed by 2 Roma people.
  38. The implementation of social and economic measures provided for in the Programme is discussed below, where information regarding Article 5 of the Convention is presented.
  39. It is endeavoured to preserve the unique linguistic and cultural heritage of Rome. Lectures in the Romani language are given at Vilnius University Centre for Stateless Cultures by a Roma teacher. The Ministry of Education and Science together with the representatives of the Roma community have prepared a Romani language textbook which lays down in Lithuania the foundation of the written Romani language. Anthropologists from the University have collected a wealth of valuable material: stories of the Lithuanian Roma which will soon be published. A film dedicated to the Roma of Lithuania is being created. The above can be regarded as a proof of the possibility of a closer dialogue between the Roma community and the society, as it may strengthen their social links and increase mutual trust, help replacing prevailing stereotypes with a mutually positive image. .
  40. The Department of National Minorities and Lithuanians Living Abroad started preparation of the second stage of the Programme which will embrace the Roma communities of the entire country.
  41. In 2001 Lithuania acceded to the project “Human Rights Strengthening” (HURIST) initiated by the United Nations Development Programme and the UN High Commissioner for Human Rights. In the course of the project implementation the National Human Rights Action Plan was drawn up and approved by the Seimas of the Republic of Lithuania. The implementation of the Action Plan entailed preparation, adoption and commencement of the state programme and action plan for combating intolerance, racism, xenophobia, and homophobia. The first draft of the programme and action plan was discussed during the round table held on 10 December 2003 and attended by the representatives of state institutions and non-governmental organisations. The said programme aims at changing the discriminatory attitude towards racial, ethnic, sexual and religious minorities, intensifying fight against discrimination and intolerance, upholding the equal opportunities principle. Principal goals of the Programme comprise analysis of origins, causes and scope of intolerance and discrimination; revision of the laws and practical defence mechanism of the vulnerable sections of society; support for organisations and institutions combating discrimination; raising the public awareness of the social harm caused by intolerance and discrimination and the benefit of fostering diversity of different groups of the society.
  42. There are other measures envisaged in the above-mentioned Human Rights Action Plan that are connected with the implementation of the provisions of the Convention against Racial Discrimination, from them: 103.
  43. participation in 2001-2006 Community Action Plan to Combat Discrimination; 103.
  44. joining into a single legal act the Law of the Republic of Lithuania on the Legal Status of Aliens and the Law of the Republic of Lithuania on the Status of the Refugee, ensuring that asylum be equally regulated; 103.
  45. drafting and submitting to the Seimas of the Republic of Lithuania an amendment to Article 4 of the Law of the Republic of Lithuania on the Ombudsmen of the Seimas, stipulating that the Ombudsmen of the Seimas of the Republic of Lithuania shall examine complaints lodged not only by citizens, but also by aliens (asylum seekers including) and Non-governmental organisations; 103.
  46. drafting and submitting to the Seimas of the Republic of Lithuania amendments to the Republic of Lithuania Code of Civil Procedure and Law on Administrative Proceedings, connected to exemption of aliens from stamp duty and provision of services of an interpreter in order to guarantee their right to apply to the court; 103.
  47. drafting and submitting to the Seimas of the Republic of Lithuania amendments to the Law of the Republic of Lithuania on guaranteed legal assistance, entitling to legal assistance aliens who are not permanently resident in the Republic of Lithuania; 103.
  48. drafting and submitting to the Seimas of the Republic of Lithuania amendments to the legal acts regulating social security and health care. Providing for a possibility of applying social security and health care guarantees to aliens who are not permanent residents of the Republic of Lithuania; 103.
  49. initiating ratification of the following international conventions: 1949 ILO Convention No 97 on Migration for Employment (Revised) and 1975 ILO Convention No 143 on Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers; 1977 European Convention of the Legal Status of Migrant Workers; 1953 European Convention on Social and Medical Assistance; 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. ARTICLE 3
  50. There is no racial segregation or apartheid in Lithuania. 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide and UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity came into force in the Republic of Lithuania on 1 May
  51. Racial segregation and apartheid are considered as crimes against humanity.
  52. Article 99 of the Criminal Code of the Republic of Lithuania establishes criminal liability for the crimes of genocide: “A person who, in an attempt to destroy in whole or in part, a person or persons of a particular national, ethnic racial, religious social or political group organised, directed or participated in the massacre of a member of such a group or groups, the torture or injuring of members of such a group or groups, the impairment of any member’s mental development, their deportation, the inflicting on them of conditions of life calculated to bring about their physical destruction in whole or in part, the forcible transfer of their children over to other groups or the imposing on them of any measures intended to prevent births within such groups, shall be punished by imprisonment for a period ranging from 5 to 20 years or by life imprisonment.” Liability is also envisaged for aiding and abetting in or for attempting at committing such acts.
  53. In this regard reference should also be made to Article 100 of the Criminal Code of the Republic of Lithuania establishing criminal liability for treatment of people that is prohibited under international law. “A person who, deliberately, through carrying out or supporting the policy of the state or of an organisation, and who, by attacking civilians on a large scale or in a systematic way, commits murder or causes serious bodily harm; inflicts on people conditions of life calculated to bring about their physical destruction; engages in the trafficking in people; commits the deportation of people; tortures or rapes persons, engages them in sexual slavery, forces them to become engaged in prostitution, forcibly inseminates or sterilises them; persecutes any group or community for political, racial, national, ethnic, cultural, religious, sexual or other motives prohibited by international law, engages in the detention, arrest or any other form of deprivation of liberty of a person or persons without admitting to such a deprivation of liberty and without reporting the fate or whereabouts of those people; or carries out a policy of apartheid, shall be punished by imprisonment for a period ranging from 5 to 20 years or by life imprisonment.”
  54. The new Criminal Code of the Republic of Lithuania came into force on 1 May 2003, therefore there is no judicial practice in hearing cases of the kind. According to the data presented by the Department of Informatics and Communications under the Ministry of the Interior, 9 criminal acts provided for under Article 99 of the Criminal Code of the Republic of Lithuania were recorded in the period from May to August
  55. Preliminary investigation pursuant to the above-mentioned Article was commenced with regard to criminal acts from the period 1940-1953, since this crime is not subject to a statute of limitations and criminal law has retroactive effect.
  56. The clauses of the Criminal Code providing for penalties for discrimination on the basis of ethnic background are discussed further in this Report in reference to information presented in relation to Article 4 of the Convention. ARTICLE 4 Information submitted under Article 4(a)
  57. Submitting additional information on measures taken to give effect to the provisions of Article 4
(2)of the Convention, it should be stated that paragraph 4 of Article 25 of the Constitution of the Republic of Lithuania stipulates that “Freedom to express convictions or impart information shall be incompatible with criminal actions - the instigation of national, racial, religious or social hatred, violence or discrimination, the dissemination of slander or misinformation”.
  1. Article 170 of the Criminal Code of the Republic of Lithuania provides for criminal liability for ridiculing, expressing contempt, inciting hatred or encouraging discrimination against a group of persons or against any person belonging to the group on the grounds of their race, ethnic background, language, origin or religious belief if this is done by public statements orally or in writing or through the public media: “A person who by making public statements orally, in writing or by using the public media ridiculed, expressed contempt of, urged hatred of or encouraged discrimination against a group of residents or against a specific person, on account of their belonging to a specific national, racial, ethnic, religious or other group, shall be punished with a fine or restriction of liberty or detention or imprisonment for up to 9 years. Legal persons shall also be held liable for committing the above act.”
  2. Mention should also be made of Article 169 of the Criminal Code providing for criminal liability for committing acts aimed at a certain group of people or a member thereof on account of their ethnic background, race, sex, sexual orientation, origin or religion with a view to interfering with their right to participate as equals in political, economic, social, cultural or labour activity or to restrict the human rights or freedoms of such a group of people or of its member.
  3. Article 312 of the Criminal Code provides for criminal liability for desecration of the graves for reason of race, ethnic background or religion: “A person who ruined a tombstone, damaged a monument or otherwise defiled a grave in some way, shall be punished with community service work, or restriction of liberty, or detention, or imprisonment up to 1 year. A person who vandalised a cemetery or desecrated a grave for reason of race, ethnic background or religion shall be punished with community service work, or a fine or imprisonment up to 2 years.”
  4. In addition, pursuant to Article 21412 of the Republic of Lithuania Code of Administrative Offences, information products propagating national, racial or religious discord as well as production, keeping, dissemination or public showing of such products is prohibited: “Production or keeping of printed matter, video, audio or other products propagating national, racial or religious discord with the aim of dissemination and well as its circulation or public showing shall incur a fine in the amount from LTL 1 000 to LTL 5 000 and confiscation of products of the type being manufactured, kept, showed or circulated as well as of the means used for manufacturing or showing of the said products or without confiscation of the said means. The same acts committed by a person already subjected to an administrative penalty for the offences provided for in part one of this Article shall incur a fine in the amount from LTL 5 000Lt to LTL 10 000 with confiscation of such products and means used for manufacturing or showing the products or without confiscation of the said means.”
  5. It is worthwhile mentioning in this respect Article 3 of the Law of the Republic of Lithuania amending the Law on the Provision of Information to the Public (No VIII-1905 of 28 August 2000 ) in which the principles of informing the public are set forth: “Producers and disseminators of public information as well as journalists shall be governed in their activities by the Constitution and laws, international treaties of the Republic of Lithuania, also by the principles of humanism, equality, tolerance, and respect for an individual person; they shall respect freedoms of speech, creativity and conscience, variety of opinion, adhere to the norms of professional ethics of journalists, support the development of democracy and public openness, promote civil society and state progress, enhance state independence and develop national culture and morality” Article 4 of the Law provides that every person has the right to freely express his ideas and convictions. Article 39 of the Law stipulates that “Advertising and teleshopping shall be fair and honest. Advertising and teleshopping shall not prejudice respect for human dignity, include any discrimination on grounds of race, sex or ethnic background, be offensive to religious or political beliefs, encourage behaviour prejudicial to health and the protection of the environment.”
  6. Article 20 of the Law of the Republic of Lithuania on the Provision of Information to the Public prohibits publishing information which instigates war, national, racial or religious hatred. As set forth in Article 47 of the Law, the Ethics Commission of Journalists and Publishers supervises the compliance of disseminated public information with the provisions laid down in the laws, prohibiting the incitement of national, racial, religious, social or gender hatred, libel and misinformation. The Commission may be applied to by all interested persons. Moreover, the implementation of the above-mentioned law is monitored by the Inspector of Journalist Ethics who, within the scope of his competence, examines complaints of the interested persons about the violation of their honour and dignity in the media. The Inspector of Journalist Ethics may reprimand the producers and disseminators of public information about the noticed violations of legal acts governing the provision of information to the public and request that they be eliminated, request that a producer or disseminator of public information refute, in accordance with the established procedure, the published false information, degrading the honour and dignity of a person or damaging his legitimate interests or provide the person with a possibility to respond and deny the information by himself.
  7. According to the data presented by the National Court Administration, in 2000-2003 no cases regarding the propaganda of racism or anti-Semitism or incitement of hatred were referred to or heard by the courts in Lithuania.
  8. According to the information submitted by the Office of the Prosecutor General of the Republic of Lithuania, investigation of 2 cases of incitement against ethnic groups was initiated in 2000-
  9. On 3 November 2000, Deputy Prosecutor General instituted criminal proceedings based on the elements of crime provided for in Article 721 of the Criminal Code of the Republic of Lithuania, in force until 1 May 2003 (incitement against a national, racial, ethnic, religious, or any other group). The criminal proceedings were instituted in relation to the articles “Jews, Theory and Practice of Communism” (by Algirdas Statkevičius) and “Will Jews Rule Lithuania again?” (by Juozas Valionis, Viktorija Žygaitė and Paulius Samonis), published in the daily Lietuvos aidas. An expert examination was carried out during the preliminary investigation and the findings of the examination indicated that the above-mentioned articles contained no direct statements taunting a certain group of people (Jews) or referring to them with derision or inciting hatred of them or use of force in physical attacks against them on account of their ethnic background, origin, religion, convictions or opinions. A decision was made on 3 October 2001, based on the compiled criminal case material and the received findings of the expert examination, to discontinue the case in the absence of corpus delicti. Preliminary investigation pursuant to Article 170 (incitement against a national, racial, ethnic, religious or any other group of people) of the Criminal Code of the Republic of Lithuania was commenced at the Vilnius City District Prosecutor’s Office on 2 May
  10. Preliminary investigation was initiated with regard to the statement “Alach Akbar” of a non-existent organisation of the International Moslem Centre, published on 1 April 2003 in the daily Lietuvos aidas, which may be treated as incitement against a national, religious group of people. Preliminary investigation is still in progress.
  11. From the moment of its entry into force in 1997, Article 21412 of the Republic of Lithuania Code of Administrative Offences has been applied in 4 cases. In one of the cases in January 2001 (case against the respondent Danutė Balsytė-Lideikienė, publisher of Lietuvio kalendorius) the publishing machinery and the unsold copies of the publication Lietuvio kalendorius were confiscated. In 3 other cases – in 2001 against the owner of the daily Lietuvos aidas Algirdas Pilvelis for articles of anti-Semitic character, in September 2003 – against the publisher of Žemaitijos parlamentas Justinas Burba for anti-Semitic publications and against the director of the company “Elneta”, supporter of Internet site “Kavkaz centr”, for instigating national discord the court declined to impose administrative sanctions.
  12. In Lithuania certain incidents of racist character – swastikas and corresponding inscriptions in public places, Nazi slogans chanted during football matches or at hard rock concerts, celebration of Hitler’s birthday or desecration of monuments to the victims of Holocaust are linked to the youth group of skinheads, who are most active in Vilnius and Klaipėda. Their activities often attract the attention of the police and quite a few of them have had criminal or administrative action brought against them, however their offences are as a rule treated as a violation of public order.
  13. The investigation of the above-mentioned cases is hindered by several factors. Firstly, according to the established court practice it is required to prove the specific intent of the suspects, i.e. it has to be proven that they intentionally sought to instigate animosity against persons of another ethnic group or race. Secondly, when hearing cases regarding the instigation of national discord, the court usually relies on the findings of the expert, however, the institution which is to submit the finding of the expert in the cases related to racist propaganda has not been specified, therefore, the task is usually fulfilled by experts whose qualification is inadequate. Thirdly, the investigation of cases is impeded by the pressure exerted by certain radically minded politicians and public figures.
  14. Quite a lot of problems are caused due to the information distributed via the Internet. The negative character of its contents is conditioned by its anonymity and the fact that it is next to impossible to bring a criminal action for the distributed information. In the electronic media every person who so desires is given a chance to voice his opinion, but in most cases anonymity is the cause of unethical self-expression and behaviour. Attempts have been made to address this matter in Resolution of the Government of the Republic of Lithuania No 290 of 5 March 2003 “Regarding the Approval of the Procedure for the Control of the Information that should not be Disseminated through the Computer Network and for the Distribution of Restricted Public Information” which stipulates that responsibility for the contents of an Internet page is born by its administrator. The issue of practical application of the above provision in determining the degree of responsibility and imposing sanctions has not yet been resolved.
  15. Certain measures are taken by the producers and disseminators of public information via the electronic media in reaction to the comments instigating national hatred. On 24 September 2003 the “Delfi” private company (Internet news website) for the first time applied to the Office of the Prosecutor General, requesting investigation of the circumstances of the emergence of comments instigating national hatred. On September 22-23 2003, during the events held to mark the day of the genocide of Lithuania’s Jews, “Delfi” published several articles in relation to the subject (“The day of the genocide of the Jews is marked in Lithuania”, “The Litvaks urge to grant the right to dual citizenship”, “R. Rivlinas: The Jews will not forget the issue of the restoration of the property”, “At the place of the massacre of Jews the Chairman of the Knesset presented the Lithuanians with “a historical bill”). The publishers of the “Delfi” were of the opinion that part of the comments presented in connection with the articles were unethical and incited national hatred. The publishers regularly removed the comments from the news website, but then a decision was taken to apply to the law enforcement authorities. The news publisher officially declared that it will not tolerate comments which are contrary to the laws of the Republic of Lithuania and are detrimental to the reputation of the “Delfi” company. The “Delfi” publishers have dissociated themselves from unethical and insulting comments and promised to do everything to eliminate such comments from the “Delfi” pages. Information submitted under Article 4(b)
  16. Submitting additional information on measures taken to give effect to the undertakings provided for in Article 4(b) of the Convention, we hereby notify that formation of racist organisations is prohibited under various legal acts establishing the legal status of public or other organisations.
  17. Article 3
(2)of the Law of the Republic of Lithuania on Public Organisations (effective until 14 February 2004) prohibited establishment and functioning in the Republic of Lithuania of public organisations aiming to change the Constitutional order of the Republic of Lithuania by force or to violate the territorial integrity of the Republic of Lithuania, propagating war and violence, authoritarian or totalitarian regime, instigating racial religious, social discord, restricting human rights and freedoms and performing actions that are contrary to the laws of the Republic of Lithuania and the universally recognised legal provisions, acting in the interest of other states if this runs counter to the interests of the Lithuanian State. 125. According to Article 2
(3)of the Law of the Republic of Lithuania on Political Parties and Political Organisations, the establishment or activity of political parties or political organisations whose programme documents propagate and whose activities practice racial, religious, social, class inequality and hatred, methods of authoritarian or totalitarian rule, methods of forcible (violent) seizure of power, propaganda of war and violence, violation of human rights and freedoms, or other ideas or actions which contradict the constitutional order of the Republic of Lithuania and are incompatible with universally recognised norms of international law, shall be prohibited.
  1. The functioning of the organisations that violate the above-listed provisions may be suspended by court order, they may be prohibited from making use of the public information media, disposing of their funds and assets. Persons shall also be held liable under Article 21413 of the Republic of Lithuania Code of Administrative Offences: “Establishment of an organisation propagating national, racial or religious discord or participation in the activities of such an organisation shall be punishable by a fine in the amount from LTL 3 000 to LTL 10
  2. The above-mentioned actions performed by a person who had an administrative sanction imposed on him for the offences provided for in paragraph 1 of this Article shall be punishable by a fine in the amount from LTL 10 000 to LTL 20 000.” In practice this Article has not been applied from the moment of its entry into force in
  4. A person is held criminally liable if his activities contain elements of criminal act provided for in the Criminal Code of the Republic of Lithuania. In such cases administrative sanctions shall not be applicable, except where the person’s acts contained the elements of administrative offence which are not covered by the elements of crime or criminal offence.
  5. In 1998 the Ministry of Justice refused to register as a public organisation the union of Lithuanian national-social unity and in 2000 – the Lithuanian national-social party of the same founders. One of the reasons for refusing registration was the ideas of national inequality, discord and nationalism declared in the statutes of the parties, which are contrary to the provisions of Articles 25 and 29 of the Constitution of the Republic of Lithuania, Article 2 of the Republic of Lithuania Law on Political Parties and organisations, Article 3 of the Republic of Lithuania Law on Public organisations. The court ruled that the Ministry’s refusal of registration was well-grounded. Information submitted under Article 4(c)
  6. Submitting additional information on measures taken to give effect to the undertakings provided for in Article 4(c); we inform that the principle of equality of all people before the law, the court and other State institutions and offices is set forth in Article 29 of the Constitution of the Republic of Lithuania. Moreover, the principle prohibits discrimination defined as prohibition to restrict the persons’ rights in any way or grant them privileges on the basis of sex, race, ethnicity, language, origin, social status, religion, convictions or opinions. The Constitutional principles of equal treatment and non-discrimination are enshrined in a number of laws: the Republic of Lithuania Law on Public Administration (No VIII-1234 of 17 June 1999), Law Amending the Law on Local Self-government (No VIII-2018 of 12 October 2000), Law Amending the Law on Public Service (No IX-855 of 23 April 2002) and other.
  7. In their activities the entities of public administration are governed by the principles of democratic state administration. The principle of objectivity, meaning that decision making and other official actions of the entity of public administration must be impartial and objective is set forth in the Republic of Lithuania Law on Public Administration.
  8. As established in Article 4
(9)of the Law of the Republic of Lithuania on Local Self-government one of the basic principles underlying local self-government is safeguarding of and respect for human rights and freedoms. This means that the decisions adopted by local authorities or local government employees may not infringe human dignity, rights and freedoms. 132. Public service is based on the principles of the rule of law, equality, political neutrality, transparency and career development. Pursuant to the provisions of subparagraph 2 of Article 3
(2)of the Republic of Lithuania Law on Public Service, integrity is considered as one of the basic principles of public servant ethics. A public servant must serve all persons with impartiality, honestly performing his official duties irrespective of the public servant’s or the customer’s sex, race, ethnicity, language, origin, social position, religion, beliefs, political views or membership in political parties or political organisations, shown integrity when processing applications and refrain from abusing the powers and authority granted to him.
  1. In response to recommendation XVIII of the Committee on the Elimination of Racial Discrimination, we inform that according to the data of the Republic of Lithuania Seimas Commission on Ethics and Procedures, in 2001 the Commission considered the conduct of only one Member of the Seimas of the Republic of Lithuania who spoke with disdain about the Jewish people and made a public statement about the Armenian people. Having considered the request of the Chairman of the Seimas of the Republic of Lithuania regarding the disrespectful attitude shown by the Member of the Seimas of the Republic of Lithuania on the Swedish television in respect to the Jewish people, the Commission on Ethics and Procedures decided that such public statements by the Member of the Seimas of the Republic of Lithuania were unethical and irresponsible. Moreover, the Commission on Ethics and Procedures made a decision to apply to the Ministry of Foreign Affairs with a request to address the Swedish television requesting denial of the facts not corresponding to reality. In 2001 disrespectful statements made during a direct television broadcast with respect to the Armenian Parliament by the above-mentioned Member of the Seimas of the Republic of Lithuania were also considered by the Commission on Ethics and Procedures. The said Commission came to a conclusion that such statements by the Member of the Seimas of the Republic of Lithuania aroused national, social hatred, whereas by instigating violence he acted in violation of Article 25 of the Constitution of the Republic of Lithuania. A decision was also made to apply to the State Security Department and the Office of the Prosecutor General requesting legal evaluation of the actions of the Member of the Seimas of the Republic of Lithuania.
  2. In addition, in 2003 statements by a Member of the Seimas of the Republic of Lithuania in respect of the Chechen people and Islam were considered. The Commission recognised such statements unethical in respect of the national and religious minorities residing in the Republic of Lithuania who could find them insulting. ARTICLE 5 a) The right to equal treatment before the tribunals and all other organs administering justice
  3. In the Republic of Lithuania the right to apply to the court is guaranteed to all persons residing in the county without distinction as to their race, colour, convictions, gender, etc.
  4. It is stated in Article 30 of the Constitution of the Republic of Lithuania that persons whose constitutional rights or freedoms are violated have the right to appeal to court. This right, like all other subjective rights, is realised according to a certain procedure established by special laws (Code of Civil Procedure of the Republic of Lithuania, Code of Criminal Procedure of the Republic of Lithuania, Law of the Republic of Lithuania on Courts, etc.). The principle of the constitutional right to appeal to court is enshrined in the above-listed laws. According Article 5 of the Civil Procedure Code of the Republic of Lithuania every interested person shall have the right to legal recourse by appealing to the court in the manner prescribed by law for the defence of his violated or contested right or lawful interest (Article 5
(1)of the Republic of Lithuania Code of Civil Procedure), refusal of the right to appeal to court shall be deemed invalid (Article 5
(2)of the Republic of Lithuania Code of Civil Procedure). In addition, the principle of administration of justice based on the principle of equality of all persons before the law and the right to equal treatment before the courts is set forth in Article 6 of the Republic of Lithuania Code of Civil Procedure: “justice in civil cases shall be administered only by the courts on the basis of the principle of equality of persons before the law and the court without distinction as to gender, race, national origin, language, social origin, religion, beliefs or convictions, other circumstances.” 137. The right to apply to the court is also enshrined in the Republic of Lithuania Code of Criminal Procedure. Article 44
(3)of the Republic of Lithuania Code of Criminal Procedure sets forth that everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings against his unlawful arrest or detention. Moreover, paragraph 5 of the said Article establishes that every detained person is entitled to a fair hearing within a reasonable time. This must be performed by an independent and impartial court, the hearing must be fair and public.
  1. It should be emphasised that everyone’s right to a fair hearing by an independent and impartial court established by law is set forth in Article 5 of the Republic of Lithuania Law on Courts. It is also emphasised that the court, in all its activities, must ensure that hearing of a case be fair and public and within a reasonable time. Article 6 of the said Law emphasises equality of all persons 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, ethnicity, language, origin, social position, religious belief, convictions, views or any other circumstances. It is established in Article 6 of the Law that aliens and stateless persons are entitled to the same legal remedy as the citizens of Republic of Lithuania, unless otherwise established by laws and international treaties of the Republic of Lithuania.
  2. Complaints about discrimination on ethnic grounds are heard by different State institutions and agencies of the Republic of Lithuania – courts, preliminary investigation officers, Ombudsmen of the Seimas of the Republic of Lithuania and other entities of public administration
  3. It is set forth in Article 117 of the Constitution of the Republic of Lithuania that persons who do not speak the state language (Lithuanian) shall be guaranteed the right to participate in investigation and court proceedings through an interpreter.
  4. In this respect mention should be made of Article 8 of the Republic of Lithuania Law on the State Language which stipulates that participants in the legal proceedings, who do not know the state language, shall be provided with the services of an interpreter free of charge. This right is also set forth in article 11 of the Republic of Lithuania Code of Civil Procedure where it is established that persons who have no command of the State language shall be guaranteed the right make use of the services of an interpreter. The right is also enshrined in Article 8 of the Law of the Republic of Lithuania on Courts. For his services the interpreter shall be remunerated from the State Budget of the Republic of Lithuania.
  5. Article 8 of the Republic of Lithuania Code of Criminal Procedure, regulating the language in which the proceedings are conducted establishes that the parties to the criminal case who do not know Lithuanian shall be granted the right to plead, give evidence and explanations, make motions and complaints, and speak in the court in their native language or any other language they know. In all the above cases also when the parties to the case examine the materials of the case they shall have the right to make use of the services of a translator/interpreter in the manner laid down in this Code. The suspect, the accused or the convicted person as well as the other parties to the case shall, in the manner laid down in this Code, be presented the documents of the case translated into their native language or any other language they know.
  6. Besides, Article 44
(7)of the Republic of Lithuania Code of Criminal Procedure provides that every person suspected or accused of the commission of a criminal act shall have the right to get the services of a translator/interpreter free of charge. b) The right to security of person and protection by the State against violence or bodily harm whether inflicted by government officials or by any individual, group or institution 144. The Constitution of the Republic of Li

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