144.The Constitution of the Republic of Lithuania guarantees inviolability of personal freedom, inviolability of the person, inviolability of the individual’s private life, inviolability of the individual’s dwelling place, inviolability of private property.
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145.As provided for in Article 4 of the Republic of Lithuania Law on Courts, citizens of the Republic of Lithuania have the right to judicial remedy against encroachment on their rights and freedoms laid down in the Constitution of the Republic of Lithuania and the laws, as well as in the international treaties to which the Republic of Lithuania is a party.
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146.The person’s right to security is guaranteed by the Republic of Lithuania Criminal Code and other laws providing liability for activities forbidden under laws, the Republic of Lithuania Code of Criminal Procedure and the Republic of Lithuania Law on Police Activities. The Republic of Lithuania Law on Operational Activities (No IX-965 of 20 June 2002 ) and other laws provide for the measures necessary to ensure security as well as the officers of the police and other officers implementing them.
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147.The Republic of Lithuania Code of Criminal Procedure provides for preventive measures applicable with respect to the suspects in order to preclude possible illegal interfering with the victims or witnesses as well as commission of other criminal acts. The Republic of Lithuania Law on Police Activities specifies that police activities are based on the principles of democracy, respect for human rights, humanism, morals of society, lawfulness, professional openness, as well as on the principles of the use of force only when necessary and the principle proportionality thereof. The Law provides for immediate police actions upon receipt of notice of a criminal act being committed, other functions of the police in assuring public order and security. The Republic of Lithuania Law on the Protection from Criminal Influence of Participants in the Criminal Proceeding and in the Operational Activities, Officers of Justice Administration and Law Enforcement Institutions (No I-1202 of 13 February 1996) provides that in the course of investigation of major and heavy crimes, the witnesses, victims or other persons listed in the Law whose life, health, property or other constitutional rights and freedoms are endangered, may be offered measures for the protection of criminal influence: bodily protection, the person’s relocation and provision with disguised identity, issue of a firearms etc.
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148.The Republic of Lithuania Law on the Compensation for Damage Caused by Illegal Actions of State Institutions (No IX-895 of 21 May 2002 ) lays down the procedure for making allocations to compensate for damage caused by illegal actions of State institutions. The Law specifies the cases of compensation for damage in the event of unlawful conviction, unlawful preventive detention (arrest), unlawful application of procedural coercive measures, unlawful imposition of an administrative sanction – detention.
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c)Political rights, in particular the rights to participate in elections – to vote and to stand for election 149. The Constitution of the Republic of Lithuania provides for the equality of all citizens of the Republic of Lithuania in exercising the political rights. Article 33 of the Constitution of the Republic of Lithuania emphasises that all citizens have the right to participate in the government of their State both directly and through their freely elected representatives. The Article establishes equal opportunity for the citizens’ to serve in a state office of the Republic of Lithuania. Moreover, Article 34 of the Constitution establishes that citizens who on the day of the election are 18 years of age or over have the right to vote in the election.
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150.Article 33(3) of the Constitution of the Republic of Lithuania provides for the right to petition. The right is set forth in the Republic of Lithuania Law on Petition (No VIII-1313 of 7 July 1999 ). A petition may be filed by citizens of the Republic of Lithuania who are 16 year of age or over, aliens who are permanently resident in the Republic of Lithuania or their groups. A petition is the petitioner’s written application to the Seimas of the Republic of Lithuania, the Government of the Republic of Lithuania, municipal or administrative institutions, which contains demands or proposals to resolve the issues relating to the protection or implementation of human rights and freedoms, the reforming of institutions of government and administration, other issues important to the public, self-government or the State, the resolution of which may require adoption of a new legal act, amendment or repealing of an effective legal act.
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151.Article 9 of the Constitution of the Republic of Lithuania establishes that the most significant issues in the life of the state and the People are to be decided by referendum. The citizens’ right to participate in the referendum or to initiate a referendum is laid down in the Republic of Lithuania Law on the Referendum (No IX-929 of 4 June 2002 ) which establishes that participation in a referendum is free and based on the principles of the democratic election right: universal, equal and direct suffrage and secret ballot. Citizens who have reached the age of 18 years shall have the right to participate in the referendum. Citizens recognised as legally incapable by the court shall not participate in a referendum. Citizens shall participate in a referendum on the basis of equality, directly and individually. The citizens’ right to take part in the referendum shall not be restricted due to one’s gender, race, ethnicity, language, origin, social status, religion, convictions or views. The right to announce a referendum is vested in 300 000 of citizens or the Seimas of the Republic of Lithuania.
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Elections 152. In Lithuania the right to participate in elections is regulated by the Republic of Lithuania Law on Elections to the Seimas (No I-2721 of 9 July 1992 ), the Republic of Lithuania Law on Presidential Elections (No I-28 of 22 December 1992 ), the Republic of Lithuania Law on the Elections to Municipal Councils (No I-532 of 7 July 1994 ), the Republic of Lithuania Law on Elections to the European Parliament (No IX-1837 of 20 November 2003 ). Universal and equal suffrage is set forth in Articles 2 and 3 of the Republic of Lithuania Law on the Elections to the Seimas. The Law establishes that citizens of the Republic of Lithuania who, on the day of the election, are 18 years of age shall have the right to vote. Citizens who have been declared legally incompetent by the court shall not participate in elections. Certain restriction are imposed on citizens as regards their standing for election as a member of the Seimas, however, any direct or indirect abridgements of suffrage of the citizens of the Republic of Lithuania on the grounds of their origin, political convictions, social or property status, ethnicity, sex, education, language, religion, or the type or character of their occupation shall be prohibited. The above-mentioned principles of universal and equal suffrage are also enshrined in the Republic of Lithuania Law on Presidential Elections and the Republic of Lithuania Law on the Elections to Municipal Councils.
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153.Citizens of the Republic of Lithuania as well as citizens of other Member States of the European Union, permanently residing in Lithuania, who, on the day of elections, are 18 years of age shall have the right to vote in elections to the European Parliament. It shall be possible to vote or to stand as a candidate in elections only in one Member State of the European Union. Citizens of the Member States of the European Union may not vote or stand as candidates if they do not have the right to vote in the home Member State.
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A citizen of the Republic of Lithuania or any other citizen of the Member State of the European Union, permanently residing in Lithuania, who is at least 21 years of age on the day of elections, and who does not stand as a candidate in elections to the European Parliament in any other Member State of the European Union, may be elected in the Republic of Lithuania as a member of the European Parliament. A citizen of the Republic of Lithuania or any other Member State of the European Union shall be considered to be permanently residing in the Republic of Lithuania when he has declared his place of residence and the data relating to his place of residence in the Republic of Lithuania has been entered on the population register of the Republic of Lithuania prior to the reference date.
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The reference date shall be the date on which 65 days are left before elections. Persons who, by the reference date, have not yet served their sentence imposed by the court, as well as persons to whom the application of compulsory medical measures, imposed by the court, has not ended by the reference date, and persons who have been declared legally incompetent by the court may not be elected as members of the European Parliament. Persons who on the day of elections are in the active or alternative military service, also officers, non-commissioned officers and re-enlistees of the national defence system, police and the internal affairs service who, by the reference date, have not retired from the service, as well as officers of other military-type and security services who are on the payroll, and may not be elected as members of the European Parliament.
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Persons who, on request of electoral committees, refuse to declare whether they satisfy the requirements of this Article, may not vote or stand as candidates. Other direct or indirect abridgements of suffrage of the citizens of the Republic of Lithuania or the European Union on the grounds of their origin, political convictions, social or property status, ethnicity, sex, education, language, religion, or the type or character of their occupation shall be prohibited.
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154.In Lithuania conditions have been created for persons of different national background to participate in political life. Pursuant to Article 82(2) of the Republic of Lithuania Law on the Elections to Municipal Councils, the list of candidates of a party, political organisation may obtain the candidate to councillor mandates (participate in the distribution of mandates) only if no less than 4 percent of the voters had voted in favour of it, and the list of coalition candidates - if no less than 6 percent of votes of voters were obtained. Lithuania has several parties formed on the basis of ethnic background (Electoral Action of Lithuanian Poles, Union of Lithuanian Russians, Lithuanian Polish People’s Party, Political Party Russian Alliance, Alliance of Lithuanian Citizens) which participate in the elections to the Seimas of the Republic of Lithuania and municipal council elections.
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As a result of the 2000 elections to the Seimas of the Republic of Lithuania the Union of Lithuanian Russians has 3 representatives in the Seimas, the Electoral Action of Lithuanian Poles - 2 representatives. During the elections to municipal councils held on 22 December 2002 4 political organisations of national minorities - Electoral Action of Lithuanian Poles, Union of Lithuanian Russians, Lithuanian Polish People’s Party, Political Party Russian Alliance - obtained mandates of municipal council members. Moreover, persons belonging to national minorities successfully participate in the activities of other political parties that have not been formed on the national basis.
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Elected members of the Seimas of the Republic of Lithuania, municipal councils broken down by ethnicity Ethnicity Elections to the Seimas of the Republic of Lithuania held on 20 October 1996 Elections to municipal councils held on 23 March 1997 Elections to municipal councils held on 19 March 2000 Elections to the Seimas of the Republic of Lithuania held on 8 October 2000 Elections to municipal councils held on 22 March 2002 Total Armenian 1 1 Byelorussian 4 2 3 9 Italian 1 1 Karaite 1 1 Latvian 1 1 2 Pole 2 42 45 6 42 137 Lithuanian 113 1273 1350 119 1351 4206 Russian 3 18 32 7 37 97 Ukrainian 6 6 6 18 German 1 1 2 Jew 1 2 2 5 10 N/A Total 137 1459 1562 141 1560 4859 Data presented by the Central Election Committee Right of permanently residing aliens to elect to municipal councillors 155. On 20 June 2002 the Seimas of the Republic of Lithuania passed the Law on the Amendment to Article 119 of the Constitution of the Republic of Lithuania whereby the right to participate in the elections to municipal councils was granted not only to citizens of the Republic of Lithuania and EU Member States but also to other permanent residents of that municipality (citizens of foreign countries that are not EU member states, stateless persons). Article 119 of the Constitution of the Republic of Lithuania establishes the active election right, i.e. the right to elect municipal council members, and the passive election right – the right to be elected municipal councillors. The local election rights are defined in greater detail in the Law on the Amendment to Articles 1, 2, 3, 6, 9, 12, 13, 17, 23, 24, 25, 26, 28, 29, 32, 34, 35, 41, 55, 58, 62, 64, 86, 88 of the Law on Elections to Municipal Councils. By granting the right to participate in the elections to municipal councils to all permanent residents of the respective administrative unit all the residents are guaranteed the possibility to implement the principles of local self-government and to take part in local community life.
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156.Article 2(5) of the Law on Elections to Municipal Councils prohibits any direct or indirect abridgements of the right to vote of permanent residents of that municipality on the grounds of their descent, political convictions, social or property status, ethnicity, sex, education, language, religion, type and character of their occupation.
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157.All members of the municipality community have other possibilities for active participation in the management of public affairs in addition to those described above. Thus, according to Article 30(5) of the Republic of Lithuania Law on Local Self-government, an advisory council of the ward may be formed from the representatives of the local community. All residents are provided with a possibility to become members of the ward council and to actively participate in the management of public affairs vital for them.
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Access to public service 158. The person’s right to participate in state government, to have equal access to public service is provided in the Republic of Lithuania Law on Public Service. Article 9 of the said Law establishes general requirements to persons who wish to enter public service: they must be citizens of the Republic of Lithuania, have a command of the Lithuanian language, be 18 years of age or over, but not older than 62 years and 6 months, have education necessary for discharging the duties of a public servant of an appropriate category. The above-mentioned requirement with regard to the retirement age shall be waived for civil servants of political (personal) confidence and for acting civil servants.
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159.Moreover, it is emphasised in Article 3(1) of the Law on Public Service that public service is based on the principles of the rule of law, equality, loyalty, political neutrality, transparency, accountability for the decisions made and career development. A public servant shall respect every human being and his principal rights, serve all residents 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, and refrain from abusing the powers and authority granted to him..
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160.Mention should also be made of the Republic of Lithuania Law on Ethnic Minorities. Article 2 of the Law stipulates: “The State shall provide equal protection for all its citizens, regardless of ethnicity.” The aforementioned Law also guarantees that, having regard to the interests of national minorities, “the Republic of Lithuania guarantees the right to be represented in government bodies at all levels, to hold any post in the bodies of state government or administration as well as in enterprises, institutions or organisations.”
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161.Citizens of any national background have the right to hold any position in state government or administration bodies, in enterprises, institutions and organisations. The requirements with regard to State language in public service are set in Article 6 of the Republic of Lithuania Law on the State Language (No I-779 of 31 January 1995) which establishes that heads, employees and officers of state and local government institutions, offices, services as well as heads, employees and officers of the police, law-enforcement services, institutions of communications, transport, health and social security and other institutions providing services to the population must know the state language according to the language knowledge categories, prescribed by the Government of the Republic of Lithuania.
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The content and scope of the said categories had been defined by Resolution of the Government of the Republic of Lithuania No 314 of 30 April 1992 “Regarding the Categories of State Language Knowledge”, effective until 1 March 2004. The above-mentioned Resolution established 3 categories of State language knowledge applicable with respect to persons who apply for employment in certain positions. It should be noted in this respect that the categories are not applied to persons who finished Lithuanian language schools of general education, studied in Lithuanian language groups of higher educational establishments, persons who finished schools of general education and schools equivalent to them where the language of instruction is not Lithuanian in 1991 and later.
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Resolution of the Government of the Republic of Lithuania No 1688of 24 December 2003, establishing the contents and scope of application of State language knowledge, came into force on 1 March 2004.
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162.Subparagraph 2 of Article 9(1) of the Republic of Lithuania Law on Public Service establishes that persons entering the public service shall be subject to the requirement of having a command of the Lithuanian language. Requirements for the knowledge of the state language shall be included into the qualification evaluation regulations of public servants, pedagogues, employees of mass media and publishing and shall be applied taking into consideration the person’s qualification and the position held.
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163.Assistance to non-Lithuanian speakers who are learning the State language is provided by the State Lithuanian Language Commission which supports the Lithuanian language courses with the funds of the Programme on the State Language Use and Promotion for 1996-2005. The Lithuanian language courses were allocated the following amounts from the Programme resources: in 1997 LTL 5 100, in 1998 LTL 49 000, in 1999 LTL 84 600, in 2000 LTL 65 700, in 2001 LTL 69 200, in 2002 LTL 55 000, in 2003 LTL 26 200. The courses are first and foremost held in the towns and districts where the majority of the population are non-Lithuanian speakers and also are accessible to persons eligible to social support. In 1997-2002 Lithuanian language learning courses were also financed for the employees for whom command of the state language is mandatory: teachers from the towns of Visaginas and Klaipėda, Visaginas clinic and hospital medical personnel, Ignalina Nuclear Power Plant employees, the Lithuanian Russian Drama Theatre staff. In addition, the State Lithuanian Language Commission annually supports preparation and publishing of teaching aids for non-Lithuanian speakers.
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164.State aid for those willing to learn Lithuanian is provided by the State Language Department of the Teachers’ Professional Development Centre holding state language courses to non-Lithuanian speakers. Special courses according to state programmes are conducted for the aliens who have been granted asylum. Consultations are offered to persons who independently study for state language examination, teaching aids are published, in-service workshops for Lithuanian language teachers working with non-Lithuanian speakers are organised. The above work is organised by the methodologists of the State Language Department of the Teachers’ Professional Development Centre, who work in Vilnius and Vilnius district, Klapėda, Visaginas, Šalčininkai, Švenčionys and Trakai districts where a large number of the population are non-Lithuanian speakers.
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165.In the Republic of Lithuania persons belonging to national minorities are provided with all conditions for communicating with the administrative institutions in their native language. As stated in Article 4 of the Republic of Lithuania Law on Ethnic Minorities, “In offices and organisations located in areas serving substantial numbers of a minority with a different language, the language spoken by that minority shall be used in addition to the Lithuanian language.”
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166.Article 34 of the Republic of Lithuania Law on the Provision of Information to the Public establishes that public information shall be produced and disseminated in the State language or any other language pursuant to the Republic of Lithuania Law on the State Language and the resolutions of the State Lithuanian Language Commission.
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167.Individuals are provided all the necessary conditions for communicating with the administrative institutions in the language of a national minority. Administrative procedures shall be conducted in the official language – the Lithuanian language. When the applicant or other interested persons do not speak or understand Lithuanian or are unable to make themselves understood because of a sensory or speech disorder, the interpreter must take part in the administrative procedure. The interpreter shall be called by the institution which carries out the administrative procedure. Moreover, although not prescribed by legislation, public servants addressed by persons belonging to national minorities in their native language shall endeavour to offer information in the language in which they are addressed. Needless to say that this is possible only when the public servant has a command of the language.
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d)other civil rights i-ii) The right to freedom of movement and residence within the border of one’s State, the right to leave any country, including one’s own, and to return to one’s country 168. The Constitution and laws of the Republic of Lithuania establish no restrictions for the citizens of the Republic of Lithuania and for aliens lawfully residing in Lithuania or having entered Lithuania for a short stay for freely choosing or changing the place of residence within the territory of Lithuania. The Constitution of the Republic of Lithuania guarantees the citizen’s right to freely move and choose their place of residence in Lithuania and to leave Lithuania at their own free will. This right may not be restricted except as provided by law and if it is necessary for the protection of state security or the health of the people or to administer justice.
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169 The Republic of Lithuania Law on Declaring the Place of Residence in the Republic of Lithuania (No VIII-840) was passed on 2 July 1998 and entered into force on 1 January 2003 establishes the procedure for submitting place of residence declaration data and data registration thereby implementing the right of each resident of the Republic of Lithuania to freedom of movement and residence within Lithuania and the right to leave the country. The Law changed the formerly effective procedure waiving the entry of the permanent place of residence in the citizen’s passport and in the alien’s residence permit.
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170.The Law No VIII-1712 of 6 June 2000 repealed the Republic of Lithuania Law on Emigration, cancelling the restrictions imposed on the freedom of movement of Lithuania’s citizens as the permit of institutions of the Republic of Lithuania is no longer requisite for those willing to leave Lithuania for residence in other countries.
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171.Article 15 of the Republic of Lithuania Law on the Legal Status of Aliens provides that a permit of residence in the Republic of Lithuania entitles an alien to choose a place of residence in the country, to change it, to depart from and re-enter Lithuania during the period of validity of the permit. The alien’s freedom of movement may be restricted only in the interests of state security or public order in the cases specified by law. Aliens may enter Lithuania only through border control posts where they must produce a valid travel document. The alien’s valid travel must have a visa of the Republic of Lithuania affixed thereto, unless otherwise provided by the resolution of the Government of the Republic of Lithuania or an international treaty.
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172.An alien who has legally entered the territory of the Republic of Lithuania or who is legally present there and has submitted an application for refugee status, may be permitted to live in the residence of his choice (Article 13(5) of the Republic of Lithuania Law on the Refugee Status). In such case he must notify the Foreigners Registration Centre of the address of his place of residence and is bound to come to the Foreigners Registration Centre for the performance or the appropriate legal formalities. The freedom of movement of an asylum seeker who has no possibility to find a place of residence of his choice or who, upon entering the country illegally, is placed in the Foreigners Registration Centre, shall not be restricted.
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173.In the cases and according to the procedure laid down by the Law on the Status of Aliens the alien’s freedom of movement in Lithuania may be restricted only in the interests of state security or public order or if required for the protection of public health. Measures alternative to the detention of an asylum seeker are provided for in the Law, when the court taking into consideration the asylum seeker’s personality, vulnerability, the degree of dangerousness posed to the public, the likelihood that the asylum seeker will help to disclose the reasons for using counterfeit documents and other circumstances that may be of consequence for the procedure of granting the refugee status, shall make a decision not to detain the asylum seeker.
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174.Asylum seekers have the right to leave any country and to return to the country of origin. The processing of the application for granting the refugee status may be terminated if an alien makes a request in writing to this end (Article 18(2) of the Republic of Lithuania Law on the Refugee Status). In such case further status of the alien shall be decided according to the procedure laid down in the Republic of Lithuania Law on the Status of Aliens. The decision to terminate the processing of an application for refugee status is taken by the Migration Department. Persons returning of their own free will are given substantial support by the International Organisation for Migration. Lithuania became a member of the IOM in 1998. iii) The right to citizenship 175. As indicated in Article 12 of the Constitution of the Republic of Lithuania, citizenship of the Republic of Lithuania is acquired by birth or on other grounds established by law. The grounds and procedure for acquiring, granting and losing the citizenship of the Republic of Lithuania are established in the Republic of Lithuania Law on Citizenship and the implementing legislation.
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176.Citizenship of the Republic of Lithuania may be acquired by birth, by exercising the right to citizenship of the Republic of Lithuania, by being granted citizenship of the Republic of Lithuania (naturalisation), by voicing one's option or on other grounds as provided for by international treaties and laws of the Republic of Lithuania.
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177.A child, both of whose parents or one of them at the moment of its birth were citizens of the Republic of Lithuania, shall be a citizen of the Republic of Lithuania. A child born in the territory of the Republic of Lithuania whose parents are stateless persons permanently residing in the Republic of Lithuania as well as a child whose parents are unknown shall also acquire citizenship of the Republic of Lithuania. The application of this method of acquisition of citizenship is based on the principles of both Jus Sanguins (right of blood) and Jus Soli (right of soil).
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178.Acquisition of citizenship by exercising the right to citizenship of the Republic of Lithuania is closely linked to another provision of the Republic of Lithuania Law on Citizenship – retention of the right to citizenship. As established in Article 17(1) of the Law, the right to citizenship shall be retained for an indefinite period by persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great-grandchildren (provided that the said persons, their children, grandchildren or great-grandchildren did not repatriate), who are residing in other states; by persons of Lithuanian descent who are residing in other states.
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179.It should be noted that persons who are recognised as citizens of the Republic of Lithuania under law (Article 1 of the Republic of Lithuania Law on Citizenship) as well as persons who retain the right to citizenship (Article 17(3) of the Republic of Lithuania Law on Citizenship) are not subject to naturalisation conditions and therefore for them acquisition of citizenship is easier.
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180.Article 12 of the Republic of Lithuania Law on Citizenship establishes the conditions of naturalisation to be met by a person seeking to acquire citizenship of the Republic of Lithuania: he must pass the examination in the Lithuanian language; must be permanently resident in the territory of the Republic of Lithuania for the last ten years; must have a legal source of support in the territory of the Republic of Lithuania; must pass the examination in the basic provisions of the Constitution of the Republic of Lithuania; must be a stateless person or a citizen of a state under the laws of which he loses citizenship of the said state upon acquiring citizenship of the Republic of Lithuania or renounce citizenship of another state held by him after he is granted citizenship of the Republic of Lithuania.
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181.For certain persons the Republic of Lithuania Law on citizenship also provides simplified naturalisation requirements and procedures: contracting a marriage with a citizen of the Republic of Lithuania and maintaining the marital status for the last 5 years while residing in Lithuania; in such case the person shall not be required to indicate his/her source of support; persons who are 65 years of age or over, to the disabled of group I and group II, also to persons ill with grave chronic mental diseases shall not be required to pass the examination in the Lithuanian language and the examination in the basic provisions of the Constitution of the Republic of Lithuania.
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182.It is worth while noting that upon the entry into force of the Republic of Lithuania Law on citizenship, a possibility to acquire citizenship of the Republic of Lithuania has been envisaged for the persons who have been granted refugee status in the Republic of Lithuania. They are subject to the general conditions of naturalisation, except for the requirement to be a stateless person or to renounce the former citizenship.
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183.Legal acts regulating the issues of citizenship do not provide for simplified procedures to acquire citizenship of the Republic of Lithuania for stateless persons who are subject to the general conditions of naturalisation.
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184.Grounds whereon citizenship of the Republic of Lithuania is not granted are specified in Article 13 of the Republic of Lithuania Law on Citizenship. Citizenship is not granted to persons who: have committed international crimes provided for by the international treaties to which the Republic of Lithuania is a party or by customary law, such as: aggression, acts of genocide, crimes against humanity, war crimes; have taken part in criminal activities against the State of Lithuania; before coming to Lithuania for residence have been imposed a custodial sentence for a premeditated crime for which laws of the Republic of Lithuania also prescribe criminal liability, or have been convicted in Lithuania for a premeditated crime punishable by a custodial sentence.
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185.The cases of loss of citizenship of the Republic of Lithuania are strictly regulated in the Law on Citizenship of the Republic of Lithuania. They cover voluntary renunciation of citizenship on one’s own initiative and deprivation of citizenship on the initiative of the State in the cases provided for by law.
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186.Subparagraph 1 of Article 18(1) of the Republic of Lithuania Law on Citizenship provides that citizenship of the Republic of Lithuania is lost upon renunciation of citizenship of the Republic of Lithuania. The person’s right to renounce citizenship of the Republic of Lithuania may not be subject to any restrictions. A person’s application for renunciation of citizenship of the Republic of Lithuania shall not be considered in the cases established in Article 19 of the Law on Citizenship of the Republic of Lithuania: if criminal action has been brought against the person or if a court judgement in respect of the person has become effective and enforceable.
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187.According to subparagraph 2 of Article 18(1) citizenship of the Republic of Lithuania is lost upon acquisition of citizenship of another state. The above provision is not applicable, i.e. the possibility to acquire dual citizenship shall be granted to persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great-grandchildren (provided that the said persons, their children, grandchildren or great-grandchildren did not repatriate) and persons of Lithuanian descent whose parents or grandparents are or were or one of the parents or grandparents is or was Lithuanian and the person considers himself Lithuanian. The above new provision has been adopted in view of massive emigration of the Lithuanian residents in recent years seeking to entitle them to retain citizenship of the Republic of Lithuania upon acquisition of citizenship of another state.
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The said provision brought about protest of national minority organisations and criticism of the Advisory Committee of the Council of Europe. A group of members of the Seimas of the Republic of Lithuania have already filed an application with the Constitutional Court of the Republic of Lithuania requesting the Constitutional Court to construe the constitutionality of Article 18 of the Law. The Law will be revised with a view to the conclusion of the Constitutional Court. Submitting proposals with regard to this Report, the Council of National Communities once again voiced its disapproval of the current wording of Article 18 and suggested the compliance of the Law with the Constitution of the Republic of Lithuania be determined by the Constitutional Court of the Republic of Lithuania.
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188.According to Article 18(3) of the Republic of Lithuania Law on citizenship, person may be recognised as having lost citizenship of the Republic of Lithuania if he is in the military service of another state or is employed in the public service of another state without having been granted authorisation by relevant institutions of the Republic of Lithuania.
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189.According to Article 20 of the Republic of Lithuania Law on Citizenship, a person may have citizenship of the Republic of Lithuania restored to him upon his application, provided that at the moment of filing of the application the person is a permanent resident in the territory of the Republic of Lithuania and meets the conditions of naturalisation, except for the passing of the examinations in the State language and examination in the basic provisions of the Constitution of the Republic of Lithuania. According to paragraph 2 of the said Article, a person who meets the conditions established in this Law, Article 1(1) subparagraphs 1, 2 or 3 may be restored citizenship of the Republic of Lithuania upon such person's application without applying to the person conditions of naturalisation.
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190.According to Article 21 of the Republic of Lithuania Law on Citizenship, the act on the granting of citizenship of the Republic of Lithuania shall be declared invalid: if the person acquired citizenship of the Republic of Lithuania by presenting forged documents or by fraud, or did not renounce citizenship of another state, or if the court establishes that the person, prior to or after having been granted citizenship, committed international crimes provided for by the international treaties to which the Republic of Lithuania is a party, or under customary law, such as: aggression, genocide, crimes against humanity, war crimes or committed crimes against the Republic of Lithuania; if the court establishes that in the period after 15 June 1940 the person concerned organised or carried out deportation or extermination of the residents, suppressed the resistance movement in Lithuania, or, after 11 March 1990, took part in the actions directed against the independence and territorial integrity of the Republic of Lithuania.
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iv)The right to marriage and choice of spouse 191. One of the basic principles of regulation of legal family relations is the principle of free consent to marriage set forth in Article 38(3) of the Constitution of the Republic of Lithuania and paragraph 1 of Article 3.3 of the Civil Code of the Republic of Lithuania. This Constitutional principle is detalised in the Articles of Book Three “Family Law” of the Civil Code of the Republic of Lithuania. First of all it is reflected in the definition of marriage as a voluntary agreement between a man and a woman to create legal family relations executed in the procedure provided for by law. Any coercion, physical or psychological violence, threats which caused a person to enter into the marriage or any other lack of free will due to which the formation of marriage was not an adequate expression of the true intention of the persons shall provide the grounds under Article 3.40 of the Civil Code of the Republic of Lithuania on which the marriage may be declared null and void.
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No permissions or agreements (e.g. agreement of parents, relatives) are required under the effective laws for the entry into marriage, unless the person who intends to contract a marriage is under the legal age of consent to marriage. Paragraph 1 of Articles 3.14 of the Civil Code of the Republic of Lithuania establishes the general provision under which the legal age of consent to marriage is 18 years. Other paragraphs of the Article provide for exceptions from the rule when, at the request of a person who intends to marry before the age of 18, the court may reduce for him or her the legal age of consent to marriage, but the law requires that, while deciding on the reduction of a person’s legal age of consent to marriage, the court should hear the opinion of the minor person’s parents or guardians or curators.
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When deciding the issue of reduction of the legal age of consent to marriage, the State Inspectorate for the Protection of the Child’s Rights must present its opinion on the advisability of the reduction of the person’s legal age of consent to marriage and whether such a reduction is in the true interests of the person concerned.
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192.The principle of free consent to marriage is also guaranteed by the prohibition to conclude marriage through agents. Paragraph 1 of Article 2.132 of the Civil Code of the Republic of Lithuania prohibits conclusion through agents of contracts which, due to their character, may be concluded only personally. Marriage is also attributed to the contracts of the above-mentioned type, therefore only the future spouses themselves may directly express their will to enter into family relationship.
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193.Paragraph 1 of Article 3.8 of the Civil Code of the Republic of Lithuania provides that agreement to marry is not binding and may not be enforced by force. However, the institution of agreement to conclude a marriage (engagement) provides for the legal consequences of refusal to marry. The party to the agreement to marry that has been led to believe in the serious character of the promise of marriage, but has been refused contraction of the marriage without a reasonable cause in the cases specified by law shall be entitled to compensation of the pecuniary and non-pecuniary damages incurred due to the refusal to marry.
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194.In Lithuania’s national law the principle of free consent to marriage embraces not only the person’s right to choose his or her spouse at his/her free will and to contract a marriage, but also the right to dissolve his or her marital bond in accordance with the procedures laid down by law. The Civil Code of the Republic of Lithuania provides for three grounds for the dissolution of marriage: a marriage may be dissolved by the mutual consent of the spouses, on the application of one of the spouses or through the fault of a spouse (spouses).
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195.The Republic of Lithuania has no legal provisions that would engender racial discrimination in the choice of a spouse.
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v)The right to own property alone as well as in association with others 196. It is established in paragraph 1 of Article 2.4 of the Civil Code of the Republic of Lithuania when defining the content of civil capacity of a natural person that, according to law, natural persons shall be entitled to property as the object of private ownership and shall enjoy other property and individual non-property rights, which are protected by the civil law, whereas as stated in Article 1.15, foreign citizens in the Republic of Lithuania possess the same civil capacity as the citizens of the Republic of Lithuania. Exceptions to this rule may be established by the laws of the Republic of Lithuania, however, racial discrimination is not legalised in the exercise of the right to own property in the Republic of Lithuania, save for the special requirements to foreigners regarding the acquisition of certain property.
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197.Article 4.7 of the Civil Code of the Republic of Lithuania provides that each person may own any things provided these are not taken out of circulation or are not in limited circulation. Things out of circulation shall be the exclusive property of the State. As provided in Article 147 (1 and 2) of the Constitution of the Republic of Lithuania, the right of ownership of the entrails of the earth as well as of internal waters, forests, parks, roads and objects of history, archaeology and culture of national significance belongs exclusively to the Republic of Lithuania. The Republic of Lithuania has the exclusive ownership right to the air-space over its territory, to its continental shelf and its economic zone in the Baltic Sea. Things in limited circulation are things with certain properties whose circulation is limited due to safety, health concerns, or other public needs.
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198.Certain restrictions in acquiring land, internal waters and forests have been imposed on foreign subjects. As established in Article 47(3) of the Constitution of the Republic of Lithuania, foreign subjects may be permitted to acquire into ownership land, internal waters and forests according to the Constitutional Law. As provided for in Article 3 of the Constitutional Law on the Implementation of Paragraph 3 of Article 47 of the Constitution of the Republic of Lithuania (No IX-1381 of 20 March 2003), acquisition into ownership of land, internal waters and forests shall be permitted to foreign subjects meeting the criteria of European and Transatlantic integration embarked on by Lithuania. Moreover, Article 5 of the Law provides that the land to which under the laws of the Republic of Lithuania the rights of ownership of the citizens of the Republic of Lithuania must be restituted may be acquired by foreign subjects after the restitution of ownership rights of the citizens of the Republic of Lithuania to it and the registration of the land ownership in accordance with the procedure laid down by law.
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199.Pursuant to paragraph 1 of Article 4.37 of the Civil Code of the Republic of Lithuania, “Ownership right is the right to manage, possess, use and dispose of a object of ownership right at one’s volition, without violating the laws and the rights and interests of other persons.” According to paragraph 1 of Article 4.39 of the Civil Code of the Republic of Lithuania, right of ownership may be limited by the will of the owner, by law, or by court judgement.
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200.Article 4.47 of the Civil Code of the Republic of Lithuania establishes the grounds of acquisition of ownership rights. Ownership right may be acquired in the following ways: by contract; by inheritance; by appropriating fruit and income; by producing a new thing; by appropriating an owner-less thing; by appropriating wild animals, wild and domestic bees; by appropriating stray and guardian-less domestic animals; by appropriating a find or a treasure; by obtaining, upon compensation, inappropriately kept public cultural values and other items (property); by confiscation or else alienating things (property) as a retribution for violation of the laws; by acquisitive prescription; as else described by law.
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vi)The right to inherit 201. The right to inherit is regulated by the Civil Code of the Republic of Lithuania. Paragraph 1 of Article 2.4 of the Code defines the contents of civil capacity of a natural person, establishes that natural persons may inherit and bequeath property in accordance with laws. It is also established in Article 1.15 of the Code that foreign citizens in the Republic of Lithuania possess the same civil capacity as the citizens of the Republic of Lithuania. Exceptions to this rule may be established by laws. The right to inherit is regulated by Book 5 of the Civil Code of the Republic of Lithuania, while special laws contain no legal provisions as regards exceptions or racial discrimination.
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202.Pursuant to Article 5.5 of the Civil Code of the Republic of Lithuania the following persons have the capacity to inherit:
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202.1 in succession by operation of law: natural persons who survived the bequeather at the moment of his death, children of the bequeather who were born after his death, likewise the State of Lithuania;
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202.2 in succession pursuant to a will: natural persons who survived the testator at the moment of his death, likewise those who were conceived while the testator was still alive and were born after his death; persons named in the will before their conception – upon their birth;
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202.3 in succession pursuant to a will: legal persons which existed at the moment of death of the testator, or established in executing the testator’s true intent expressed in his will.
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203.According to paragraph 2 of Article 5.5 of the Civil Code of the Republic of Lithuania, the State or municipalities may also be entitled to inherit pursuant to a will.
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204.Those persons shall be unworthy of inheriting either by operation of law or by a will who by unlawful intentional actions against the bequeather, or against any of his successors, or against the execution of the true intent of the testator expressed in his will, created legal situation to become inheritors.
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205.Pursuant to Article 5.6 of the Civil Code of the Republic of Lithuania, parents shall be unworthy of inheriting after the death of their children by operation of law if they were deprived of parental authority in accordance with a court judgement, and this judgement was not extinguished or abolished at the moment of the opening of succession. vii) The right to freedom of thought, conscience and religion 206. Article 26 of the Constitution of the Republic of Lithuania declares that freedom of thought, conscience and religion shall not be restricted. Every person has the right to freely choose any religion or faith and, either individually or with others, in public or in private, to manifest his or her religion or faith in worship, observance, practice or teaching. No person shall coerce another person or be subject to coercion to adopt or profess any religion or faith. A person’s freedom to profess and propagate his or her religion or faith may be subject only to the limitations prescribed by law and only when such restrictions are necessary to protect the safety of society, public order, a person’s health or morals, or the fundamental rights and freedoms of others. Parents and legal guardians shall have the liberty to ensure the religious and moral education of their children in conformity with their own convictions.
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207.Article 43 of the Constitution of the Republic of Lithuania establishes that the State shall recognise traditional Lithuanian churches and religious organisations as well as other churches and religious organisations provided that they have a basis in society and their teaching and rituals do not contradict morality or the law. State recognition means that state supports spiritual, cultural and social heritage of the religious communities and grants financial assistance. From 180 churches and religious organisations registered in Lithuania 10 have a status of State recognised religious communities. Churches and religious organisations are registered by the Ministry of Justice and have the rights of legal persons. Churches and religious organisations shall freely proclaim the teaching of their faith, perform the rituals of their belief, and have houses of prayer, charity institutions, and educational institutions for the training of priests of their faith. Churches and religious organisations shall function freely according to their canons and statutes. The teachings proclaimed by churches and other religious organisations, other religious activities, and houses of prayer may not be used for purposes which contradict the Constitution and the law. There is no State religion in Lithuania.
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208.The provision of the Constitution of the Republic of Lithuania is repeated in Article 2 of the Republic of Lithuania Law on Religious Communities and Associations (No I-1057 of 4 October 1995 ) which states that every individual in the Republic of Lithuania shall have the right to choose freely any religion or faith, and to also change his choice individually or with others, to profess it privately or publicly, to perform religious rites, to practice his faith and to provide instruction thereof; believers shall have the right to freely join religious communities and associations, and also to establish religious organisations. It is emphasised in Article 3 that all individuals, regardless of the religion they profess, their religious convictions or their relationship with religion, shall be equal before the law; it shall be prohibited to limit their rights and freedoms directly or indirectly, or to apply privileges; an individual's religion shall not be indicated in documents issued by state institutions and organisations.
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209.The Republic of Lithuania Law on Ethnic Minorities guarantees to persons belonging to national minorities the right to profess any or no religion, and to perform religious or folk observances in one's native language.
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210.According to the Constitution of the Republic of Lithuania and the Republic of Lithuania Law on Religious Communities and Associations, the State recognises nine traditional religious communities and associations existing in Lithuania, which comprise a part of the historical, spiritual and social heritage of Lithuania:
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210.1. the Roman rite Catholic church in Lithuania;
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210.2. Lithuania’s Russian Orthodox diocese;
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210.3. Lithuania’s Old Orthodox Pomorye Church of Old Believers;
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210.4. Lithuania’s Church of Evangelical Lutherans;
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210.5. Lithuania’s Church of Evangelical Reformers; Synod of the Evangelical Reformed Church of Lithuania – Unitas Lithuaniae;
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210.6. Jewish religious community of Lithuania, Jewish religious community of Vilnius “Chassidie Chabad Lubavitch”, Jewish religious community of Kaunas (Judaists);
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210.7. Lithuania’s spiritual centre of Sunni Moslems – Muftiate (Sunni Moslems);
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210.8. Vilnius Monastery of the Basilian Order of St. Josaphat (Greek Catholics – Uniates);
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210.9. Lithuania’s Karaite religious community (Karaites).
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211.Some of the religious communities – Russian Orthodox, Old Believers, Judaistic, Sunni Moslim, Karaite may be considered as ethno-confessional, i.e. the majority of their respective members belong to one ethnic community. In addition to the traditional ethno-confessional communities recognised by the State, there is also the community of the Armenian Apostolic Church which also may be regarded as ethno-confessional. All the other registered religious communities and associations are universal with believers of different ethnic background participating in their activities.
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212.Traditional religious communities and associations perform religious rites in the Lithuanian, Russian, Polish, Byelorussian, Ukrainian, Latvian, German, Hebrew, Rumanian languages.
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213.In the course of several centuries the traditional religious communities and associations have formed the historical, spiritual, cultural and social face of the State of Lithuania, therefore the State provides support for preserving their cultural heritage and for their spiritual, cultural, social activities. The traditional religious communities of Lithuania receive financial assistance from the State. Every year a certain amount is allocated in the law on approving the State and municipal budgets for rebuilding the houses of worship and for other needs of the traditional religious communities and associations.
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Support provided by the Government of the Republic of Lithuania to the hierarchy and churches of traditional religious communities in Lithuania (thousand litas) 2000 2001 2002 2003 Lithuanian bishops’ conference 2 217.4 2 337.8 2 573 2 609.7 Russian Orthodox Church in Lithuania (centre – Holy Ghost Monastery in Vilnius) 134.1 140.9 154.2 144 Supreme Pomorski Old Ritualists' Council Lithuania’s Church of Old Believers 44.4 46.4 50.1 35.6 Consistory of Evangelical Lutheran Church of Lithuania 30.7 31.8 34 28.6 College of Lithuanian Evangelical Reformed Church Synod 17.6 18 18.8 13 Synod of the Evangelical Reformed Church – Unitas Lithuaniae 3.7 Spiritual centre of Lithuania’s Sunni Moslems – Muftiate 13.5 13.6 14 12.7 Jewish religious community of Lithuania 13.5 13.6 14 11.2 Lithuania’s Greek Catholic Church (centre Vilnius Monastery of the Basilian Order of St. Josaphat) 10.6 10.7 10.7 10.3 Lithuania’s Karaite religious community 10.2 10.2 10.2 10.2 Total 2492 2623 2879 2879 Data of the Office of the Government of the Republic of Lithuania 214. Pursuant to Article 40 of the Constitution of the Republic of Lithuania, State and local government establishments of teaching and education are secular. At the request of parents, they offer classes in religious instruction.
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215.As established in Article 31 of the Republic of Lithuania Law on Education, religion is an optional part of moral education. Moral education is a part of primary, basic and secondary education. Upon parents' (guardians’, curators’) request, the subject of religion may be included in the pre-school education of their children. Non-formal religious education and self-education in religion may also be carried out. A student or his parents (guardians, curators) can choose one of the following subjects of compulsory moral education: religious education of a recognised traditional religious community or association or ethics. Parents (guardians, cutators) choose between the subject of religious education (of a recognised traditional religious community or association) and the subject of ethics on behalf of school students who are under 14 years of age; in cases of school students who are wards of the State, the school decides between the subject of religious education (of a recognised traditional religious community or association professed by the learner’s family or relatives) and the subject of ethics.
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A school that is unable to provide religious instruction requested by the learners or parents (guardians, curators) in line with the beliefs of their recognised traditional religious community or association, grants credit for the learners’ religious instruction provided at a Sunday school or another religious instruction class. The also specifies qualification requirements set to the teachers giving religious instruction. viii) The right to freedom of opinion and expression 216. Article 25 of the Constitution of the Republic of Lithuania establishes that individuals have the right to have their own convictions and freely express them. Individuals must not be hindered from seeking, obtaining or disseminating information or ideas. Freedom to express convictions as well as to obtain and disseminate information may not be restricted in any way other than established by law when it is necessary to protect the health, honour and dignity, private life or morals of a person, or for the protection of the constitutional order. Freedom to express convictions or impart information is incompatible with criminal actions – the instigation of national, racial, religious or social hatred, violence, or discrimination or dissemination of slander or misinformation. Moreover, it is established in Article 44 of the Constitution of the Republic of Lithuania that the State, political parties, political and public organisations and other institutions or persons may not monopolise means of mass media. Censorship of mass media is prohibited.
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217.The procedure for collecting, preparing, publishing and disseminating public information and the rights, duties and liabilities of public information producers and disseminators, participants therein, journalists and institutions governing their activities is established by the Republic of Lithuania Law on the Provision of Information to the Public, Article 4 whereof grants every person the right to freely express his ideas and convictions. The right encompasses freedom to maintain one’s opinion, to seek, receive and disseminate information and ideas in accordance with the conditions and procedure set out in the laws.
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218.According to Article 4(2) of the Law of the Republic of Lithuania on the Provision of Information to the Public, “Unrestricted reception and re-broadcasting of television programmes from EU member states and other European countries which have ratified the Council of Europe Convention on Transfrontier Television, broadcast in accordance with the requirements laid down in international treaties of the Republic of Lithuania, shall be guaranteed in the Republic of Lithuania.” This enables Poles, Russians, Byelorussians, Ukrainians and other persons to watch television programmes broadcast by various states.
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219.Freedom of provision of information to the public is guaranteed: every person has the right to freely seek, receive and disseminate information and ideas , but this right may not restrict the rights and freedoms of other persons. Freedom of expression, freedom to receive and disseminate information may not be restricted otherwise than by law where required in order to protect human rights, health, honour and dignity, personal privacy or morality or constitutional order. State officers shall be liable under law for preventing the producers or disseminators of public information to spread news via mass media, for illegal refusal to provide information to public information producers or journalists. Freedom of provision of information to the public may not be restricted otherwise than by laws which establish a State secret and its protection, official secret and its protection, commercial secret and its protection, personal health (medical) secret and its protection and protection of personal rights and personal privacy.
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220.According to Article 34 of the Law of the Republic of Lithuania on the Provision of Information to the Public, radio and television broadcasts broadcast in a language other than Lithuanian must be translated into Lithuanian or presented with Lithuanian subtitles, except for educational, special occasion, special and re-broadcast foreign radio and television programmes or broadcasts as well as broadcaster-produced broadcasts intended for the ethnic minorities of Lithuania.
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221.Article 2 of the Law of the Republic of Lithuania on Ethnic Minorities also guarantees the ethnic minorities residing in Lithuania the right to freedom of expression and information in the native language.
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222.Broadcasting and re-broadcasting activities in the Republic of Lithuania, except for the broadcasting and re-broadcasting activity carried out by the LRT (Lithuanian Radio and Television), is subject to a licence. Pursuant to Article 31 of the Law of the Republic of Lithuania on the Provision of Information to the Public, broadcasting and re-broadcasting licences shall be issued by the Radio and Television Commission of Lithuania by tender procedure. When issuing licences, priority shall be given to persons who undertake to produce original cultural, informational and educational broadcasts, ensure accurate and unbiased presentation of information, respect human dignity and right to privacy, protect minors from public information which might have a detrimental effect on their physical, mental and moral development, and also to persons who have undertaken to broadcast programmes that are not as yet broadcast by other broadcasters within the designated reception zone. The Radio and Television Commission of Lithuania, taking into account the needs of ethnic minorities residing in the coverage zone of broadcast programmes, may specify in the licence conditions which portion of the programmes broadcast and/or re-broadcast or parts thereof shall be comprised of programmes or broadcasts in the languages of national minorities.
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223.There are broadcasters of two types in Lithuania: public (National Radio and Television) and private (private radio and television stations). The public broadcaster has an administrative body - the Council of the National Radio and Television of Lithuania, which represents public interests, takes care that the public broadcaster should fulfil its function having regard to public needs, including the needs of national minorities. Taking into account the interests of national minorities, the National Radio and Television of Lithuania broadcasts programmes intended for national minorities.
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224.The right to freedom of opinion and expression, the right to receive and to disseminate information is inseparable from the possibility to create one’s own information media (the press, electronic media, etc.). National minorities in Lithuania have been provided with all the necessary conditions for making use of the media in the native language.
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225.The following periodicals are published in the Russian language: Klaipeda (daily), Ekspress nedelia (weekly), Litovskij kurjer (weekly), Obzor (weekly), Sugardas (weekly), Soglos staroverov (not regularly),V kazhdyj dom (weekly), Zhyvonosnyj istochnik (monthly), More (quarterly magazine published in the Russian, Lithuanian and English languages), Vilnius (monthly), Peremena (monthly, published in the Russian and Lithuanian languages).
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226.Also the newspapers Respublika (daily) and Golos Litvy (weekly) that are published in Lithuanian are translated into Russian from Lithuanian.
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227.Among other publications we could also mention advertising publications translated into the Russian language: Reklama (weekly), Novaja reklama (twice weekly). Lithuania’s publishers are publishing books in the Russian language by Russian writers (poetry, publicistic writing, memoirs and other literary works). The publishing of textbooks for schools with instruction in the Russian language is financed from the State Budget of the Republic of Lithuania.
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228.The Polish national minority has the following publications: Kurier Wilenski (daily), Nasza Gazeta (weekly, only the Internet version), Tygodnik Wilenschyzny (weekly), Znad Willii (quarterly publication), Spotkania (published twice monthly), Magazyn Wilenski (monthly), W kregu kultury (published not regularly).
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229.In Lithuania “Magazyn Wilenski” Publishing House publishes books by Polish authors (poetry, publicistic writing, memoirs, etc.). The Society of Polish Scholars in Lithuania publishes documents and material relating to its scholarly work. Textbooks for schools with instruction in the Polish language are published using the State Budget resources.
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230.The following publications come out in the Byelorussian language: Run (monthly), Nasha staronka (monthly), Arche (monthly), Belaruski Gistarychny ogliad (quarterly), Fragmenty (quarterly).
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231.The German community has the following publications: Baltische Rundschau Baltijskoje obozrenije (monthly, published in the German and Russian languages), Deutsche Nachrichten in Litauen (monthly, published in the German and Lithuanian languages), Miteinander (quarterly).
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232.Since 1989 the Jewish community has been publishing the monthly publication Lietuvos Jeruzalė in Yiddish, Lithuanian, English and Russian, which reflects the life of the Lithuania’s Jewish community.
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233.The Tartar community publishes the monthly Lietuvos totoriai in the Lithuanian language.
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234.The Greek community irregularly publishes the newspaper Patrida in the Russian language.
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235.According to Article 4 of the Law of the Republic of Lithuania on the National Radio and Television (No I-1571 of 8 October 1996), a variety of topics and genres must be ensured in the programmes of LRT and the broadcasts must be oriented towards the various strata of society and people of different ages, national background and convictions. The Lithuanian Radio has a special structural subdivision – Office of Ethnic Communities which prepares programmes for ethnic minorities as well as programmes on the issues related to ethnic minorities which are of interest to the general public. LR1 daily broadcasts 30-minute information programmes in the Russian language, whereas LR2 broadcasts 1.5-hour programme Raduga aimed at promoting culture, languages and education of all ethnic minorities living in Lithuania and addressing their common problems. There are also daily 30-minute broadcasts in Polish and 10-minute broadcasts in Byelorussian. Every fortnight Raduga prepares special broadcasts for Jews and Ukrainians. Discussions during the Raduga programmes are held in the Lithuanian, Russian, Polish, Byelorussian, Yiddish, Ukrainian and other languages. All the programmes are prepared by journalists who themselves belong to different ethnic minorities. The Klaipėda district radio broadcasts monthly 30-minute programmes for Latvians.
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236.Lithuania also has private radio stations broadcasting programmes for the following national minorities: Russians (Russkoje radijo broadcasts around the clock); Poles (Znad Wilii broadcasts around the clock); Baltijos bangų radio station which broadcasts many programmes in the Byelorussian language. Programmes in Russian are also broadcast by local radio stations in Visaginas and Klaipėda.
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237.The National Television also broadcasts programmes for national minorities. There is a daily 10-minute information programme Vechernij vestnik in the Russian language. 15-minute programmes are broadcast weekly in the languages of Lithuania’s national minorities: Russian (Russkaja ulitsa), Polish (Album Wilenski), Ukrainian (Trembita), Byelorussian (Vilenskij shytok), bi-monthly programme for the Jews (Menora), monthly programmes for smaller ethnic groups – the programme Labas and the programme for Old Believers “The Christian word”.
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238.Certain non-state radio stations which broadcast programmes in the localities compactly inhabited by national minorities prepare programmes in the minority languages: the Regional Vilnius TV broadcasts a programme in Russian Nedelia. Other stations broadcast information programmes in the Russian language (Channel 11, Sugardas). The above-mentioned private TV stations also re-broadcast Russian TV programmes. The private Baltijos TV re-broadcasts the programme of “TV Polonija”. The operators of Cable TV in Lithuania re-broadcast programmes of state TV channels of Russia, Belarussia, Poland, Ukraine and other states.
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239.The state supports cultural and educational activities of private public information producers. As stated in Article 28 of the Law of the Republic of Lithuania on the Provision of information to the Public, state financial support is provided to public information producers through the Media Support Foundation. The Foundation provides support to the following national minority projects: “Baltic Russian archive” (e-project, supported since 1999); “Historical, cultural, religious heritage of Russians of Lithuania and its dissemination through radio programmes” (radio project, supported since 1999); “Vilnius” (literary journal); “Znad Wilii” (quarterly publication) – “Lithuania – a multicultural state – past and present”(publishing project supported since 1998).
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240.Cultural, educational activities of information producers are supported on a competition basis according to the programmes submitted to the Foundation. Financial support from the State Budget of Lithuania is allocated to book publishing, production of audio and video media, films through the Ministry of Culture and Ministry of Education and Science.
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ix)The right to peaceful assembly and association 241. National minorities have been granted, according to the procedure prescribed by the laws of the Republic of Lithuania, the right to establish public and cultural organisations, form political parties and organisations. Article 35 of the Constitution of the Republic of Lithuania guarantees citizens of the Republic of Lithuania the right to freely form societies, political parties and associations, provided that the aims and activities thereof do not contradict the Constitution and laws. The fundamental law also sets forth the provision that no person may be forced to belong to any society, political party or association.
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242.As established in Article 45 of the Constitution of the Republic of Lithuania, ethnic communities of citizens shall independently administer the affairs of their ethnic culture, education, organisations, charity and mutual assistance. The State shall support ethnic communities.
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243.Article 2 of the Law of the Republic of Lithuania on Public Organisations (No VIII-784 of 2 February 1995, repealed as of 14 February 2004) established that a public organisation is a voluntary association (union, society, foundation, association etc.), formed in order to satisfy and implement the common needs and goals of members that do not contradict the Constitution and laws of the Republic of Lithuania. The Law established that the right to membership in public organisations is enjoyed not only by citizens of the Republic of Lithuania, but also by foreigners 18 years of age and over who are permanently resident in the Republic of Lithuania.
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244.Article 2 of the Law of the Republic of Lithuania on Associations (No I-1231 of 14 March 1996, repealed as of 14 February 2004) also guarantees natural and legal persons the right to unite of their own free will into associations performing managerial, economic, social, cultural, educational, research tasks and functions. A new Law of the Republic of Lithuania on Associations became effective as of 14 February 2004 (No IX-1969 of 24 January 2004 ), which replaced the Law on Public Organisations and the Law on Associations.
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245.Representatives of national minorities have been granted the right to establish charity foundations according to the procedure specified in the Law of the Republic of Lithuania on Charity and Sponsorship (No I-172 of 4 June 1993) in the sphere of education, culture, arts, religion, sports, health care, social support, etc.
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246.By 2003 representatives of 22 national minorities had established 285 different non-governmental organisations.
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Non-governmental organisations of ethnic communities in Lithuania National minority Number of organisation Armenians 7 Azeris 1 Byelorussians 23 Bulgarians 1 Estonians 1 Greeks 9 Georgians 1 Karaites 1 Koreans 1 Latvians 7 Poles 55 French 1 Roma 15 Romanians 1 Russians 68 Ukrainians 20 Uzbeks 3 Tadjiks 1 Tartars 12 Hungarians 1 Germans 31 Jews 24 247. The Republic of Lithuania guarantees equal political rights and freedoms to all its citizens irrespective of their ethnic background. Pursuant to the Law of the Republic of Lithuania on Political Parties and Political Organisations (No I-606 of 25 September 1990), all citizens of the Republic of Lithuania have the right to form political parties and political organisations and to take part in their activities. Only a citizen of the Republic of Lithuania may be a member of a political party or political organisation. The Law provides that political parties of other countries, their subdivisions and organisations may not be established and may not function in the territory of the Republic of Lithuania. There are 5 political parties of national minorities in Lithuania: the Electoral Action of Lithuanian Poles (founded in 1994), the Union of Lithuanian Russians (founded in 1995), the Alliance of Lithuanian Citizens (founded in 1996), the Lithuanian Polish People’s Party (founded in 2002) and the Lithuanian Russian Alliance (founded in 2002). All the above-mentioned political parties, except for the Alliance of Lithuanian Citizens, have their representatives in municipal councils, while the Electoral Action of Lithuanian Poles and the Union of Lithuanian Russians are also represented in the national parliament – the Seimas of the Republic of Lithuania.
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248.The Law of the Republic of Lithuania on Public Organisations prohibits the establishment or activity of public organisations if they aim at inciting racial, religious and social dissent, restricting human rights and freedoms.
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249.The Law of the Republic of Lithuania on Political Parties and Political Organisations also prohibits the establishment or activity of political parties and political organisations whose programme documents propagate or whose activities practice racial, religious, social class inequality and hatred, or violations of human rights and freedoms.
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250.On the eve of the elections to the Seimas of the Republic of Lithuania in 2000, the Department of National Minorities and Lithuanians Living Abroad held the conference “Political Participation of National Minorities”. The conference attended by representatives of parties, political and public organisations of national minorities, academics, political scientists, members of the Seimas of the Republic of Lithuania focused on how national minorities participate in the public political life of the country, how they make use of their possibilities. This conference also covered electoral systems in different European countries, presented sociological research of the majority and minority opinion about political participation, of prevailing political choices, as well as listened to the opinion of political scientists and analysts about the participation of national minorities in elections. In addition, programmes of all political parties, as well as their provisions relating to the development of national minorities policy were discussed. It should be noted that the number of representatives of national minorities elected to the Seimas of the Republic of Lithuania in 2000 was highest since the restoration of the independent State of Lithuania.
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e)Economic, social and cultural rights
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i)The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration 251. For the purpose of supplementing the information presented in the Initial Report on the provisions of legal acts of the Republic of Lithuania under this Article, we hereby inform that subparagraph 4 of Article 2(1) of the new Labour Code of the Republic of Lithuania (in force from 2003) provides that labour relations regulated by this Code are subject to the principle of the equality of subjects of labour law irrespective of their gender, sexual orientation, race, national background, language, origin, citizenship and social position, religion, marital or family status, age, convictions or opinions, political party or public organisation membership, factors unrelated to the professional qualities of employees.
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252.The purpose of the Law of the Republic of Lithuania on Equal Treatment 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. Article 5 of this draft establishes the obligation of the employer to implement equal rights at work, and Article 7 thereof defines the employer’s actions infringing equal rights.
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Right of aliens to work 253. The Law of the Republic of Lithuania on the Legal Status of Aliens regulates the entry and departure of aliens, their temporary or permanent residence, employment, legal responsibility, as well as other issues relating to their legal status. Article 3(2) of this Law provides that in the Republic of Lithuania aliens are equal before the law without distinction as to race, sex, colour, language, religion, political or other convictions, national or social origin, belonging to a national minority, property, place of birth or any other status.
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254.Order No 62 of the Minister of Social Security and Labour of 1 June 2000 approved the Procedure for the Employment of Aliens in the Republic of Lithuania under Employment Contract. An alien who wishes to get employment in Lithuania under employment contract must obtain a work permit. A work permit for an alien is issued by the Ministry of Social Security and Labour. A work permit is issued in accordance with the quota of annual employment of aliens established by the Government of the Republic of Lithuania and the needs of the internal labour market. A work permit for an alien is issued for a period not exceeding two years, specifying the job (position) and the enterprise (institution) where the alien will be employed. Nationals of a Member State of the European Union and members of their family intending to work in Lithuania under employment contract are not required to obtain a work permit.
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255.The established employment quota for aliens was 1 300 persons in 2001, 1 000 persons in 2002, and 800 persons in 2003. In 2002, the Lithuanian Labour Exchange received 499 applications for the employment of aliens and issued 477 work permits. Work permits were issued to 387 men and 90 women. In 2003, the Lithuanian Labour Exchange received 650 applications of aliens for temporary employment in Lithuania and issued 609 work permits. Work permits were issued to 530 men and 79 women.
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256.In 2003, 650 applications of aliens were received for employment in the following enterprises:
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Private companies 404;
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Public institutions – 20;
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Individual enterprises – 20;
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Educational institutions – 15;
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Representative offices – 6;
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Budgetary institutions – 3;
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Farms – 3;
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Public organisations – 2;
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Health care institution – 1;
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Cultural institution – 1;
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General partnership – 1.
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Issue of work permits to aliens Data of the Lithuanian Labour Exchange Employment of aliens in the Republic of Lithuania Data of the Lithuanian Labour Exchange Aliens temporarily working in Lithuania broken down by country in 2003 Data of the Lithuanian Labour Exchange Aliens broken down by profession in 2003 Data of the Lithuanian Labour Exchange Population number and labour force 257. According to the data of 2001 general population and housing census, Lithuania’s population decreased by 5% in the period from 1989 to 2001. This was conditioned by the emigration and negative natural increase of the population. The number of the population of working age (between 15 and 64) decreased from 2.5 to 2.1 million.
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258.According to the Law of the Republic of Lithuania on Support for the Unemployed (No I-864 of 13 December 1990) observed by the Lithuanian Labour Exchange, the unemployed mean able-bodied individuals of working age who are out of work if they are not full-time students at educational institutions, do not have sufficient means of support, have registered with the territorial labour exchange of their place of residence as persons searching for a job and ready to accept an employment offer or to go into vocational training. Persons without sufficient means of support mean individuals who do not have any insured income and have not registered any enterprise or a farmer’s farm.
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259.In 2002, a significant change took place in the Lithuanian labour market. The unemployment rate which was increasing till then (in 2001, it was 17.4%) decreased to 13.8%, although it is still rather high, as compared with the average in the EU Member States. With a decreasing number of the unemployed and an increasing rate of employment of the population, the labour force activity is also increasing. The general unemployment rate is decreasing, however, according to the data of labour force surveys, the unemployment rate of men is still high – it decreased from 19.9% in 2001 to 14.6% in 2002. The unemployment rate of women decreased from 14.7% to 12.9% during the same period. Last year the labour market saw further positive changes. During the last two years the number of the unemployed declined by nearly 65 000. At the end of 2003, the unemployment rate was 9.8%. Disparities of territorial unemployment were also successfully mitigated. In 2002, every third unemployed person registered in the labour exchange was long-term, while in 2003 – only every fourth.
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Unemployment rate registered in the Lithuanian Labour Exchange (at the end of a month, in percentage) Data of the Lithuanian Labour Exchange 260. On 1 January 2004, the unemployment rate was 9.8%. The average rate of unemployment in 2003 made 10.3% and was by one percentage point less than in 2002 at the same time. The average annual unemployment rate of the youth was 13.4%. On 1 January 2004, 159 000 unemployed were registered in Lithuanian territorial labour exchanges. The number of the unemployed was reduced by 1 700, as compared to 2002. In 2003, the number of long-term unemployed was markedly declining. On 1 January 2004, they amounted to 40 800. In 2002, every third unemployed person registered in the labour exchange was long-term, while at the end of 2003 their number decreased to 26% (of all unemployed). The average annual number of long-term unemployed decreased from 62 900 in 2002 to 44 600 in 2003.
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261.As in other countries, the unemployment of the youth is higher than the general rate. According to the data of labour force surveys, the unemployment rate of the youth significantly declined in 2002. The previous year the unemployment rate of the population aged between 15 and 24 amounted to 31%, while from the second quarter of 2002 it decreased to 23%. The unemployment rate of young men was 23.1%, of young women – 22.9%.
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262.The number of long-term unemployed persons is high. According to the data of labour force surveys, they accounted for nearly half of all unemployed persons in the period from 1998 to 2000. Although the number of long-term unemployed persons decreased by 44 000 in 2002, as compared to 2001, according to the data of labour force surveys, it amounted to 55% in 2002 (more men, i.e. 54%, than women, i.e. 46%). Most long-term unemployed persons are over 50 years of age. It is related to the unwillingness and inability of older persons to change, on the one hand, and to the willingness of employers to recruit younger persons, on the other hand.
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Unemployment rate by age groups and gender (in percentage) 20001 2001 2002 Total 16.4 17.4 13.8 15–19 44.9 46.5 38.4 20–24 27 28.6 20.9 25–29 14.8 16.8 13.5 30–34 19.2 15.8 11.9 35–39 14.7 16.4 13.3 40–44 13.4 16.8 12.8 45–49 15.3 16.7 12.9 50–54 16.1 16.8 15.4 55–59 13.1 14.8 12.6 60–64 5.8 9.1 8.5 65–69 2.5 1.7 0.3 70+ 4.1 – – Men 18.8 19.9 14.6 15–19 50.6 48.5 41.8 20–24 27.1 33.8 20.2 25–29 18.2 19.1 14.9 30–34 22 16.8 12.6 35–39 17.6 18.4 12.9 40–44 14.3 19.6 14.1 45–49 15.6 18.5 12.5 50–54 18.2 18 16.5 55–59 16.4 18.5 14.4 60–64 7 12.8 13.4 65–69 3.7 3 – 70+ 7.7 – – Women 13.9 14.7 12.9 15–19 30.8 42.6 32.2 20–24 27 21.7 21.9 25–29 11.2 14.2 11.9 30–34 16.3 14.7 11.1 35–39 11.9 14.4 13.6 40–44 12.7 14.3 11.5 45–49 15 15.1 13.3 50–54 14.5 15.9 14.5 55–59 9.4 10.4 10.8 60–64 4 1.7 0.4 65–69 1.5 0.7 0.6 70+ – – – Data of the Department of Statistics under the Government of the Republic of Lithuania 1 2000 data are not compared to 2001 and 2002 data.
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263.The number of job vacancies registered in the labour exchange was several times less than the number of persons searching for a job. In 2000, 107 500 job vacancies were registered; 74 400 of them were new job vacancies, i.e. 8 400 more than in 1999. Over 100 000 persons were employed through labour exchanges in 2000. The demand for labour force increased in 2001, which allowed employing 134 000 persons. In 2003, 130 600 persons got employed, 98 400 of which were recruited for permanent jobs. There were 5 600 persons more than in 2002 recruited for permanent jobs. In 2003, 133 100 job vacancies were registered; over 99 000 of them were permanent jobs. On the average, each territorial labour exchange would register 8 300 vacancies of permanent jobs and 2 700 vacancies of temporary jobs a month. Disparities of territorial unemployment were mitigated in 2003. At the beginning of 2003 there were 7 municipalities where the unemployment rate exceeded 20%. There were only 2 such territories at the end of the year. The unemployment rate registered during the year declined in all municipalities, in 7 of them – by more than 5 percentage points. Moreover, this year 14 200 unemployed persons have commenced their activities under business certificates. Over 146 000 persons searching for a job were sent to active labour market policy measures financed from the Employment Fund, i.e. 19 200 more than during the same period last year.
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Employment of the population by ethnic background in 2002 264. The ethnic groups differ as regards indicators of unemployment and employment. Compared with the general rate of unemployment in 2002 (13.8%), the unemployment of Lithuanians amounted to 12.8%, Russians – 20.3%, and Poles – 17.8%. The employment of Lithuanians (in the age group between 15 and 64) is highest and amounts to 60.5%, Russians – 54.3%, and Poles – 55.5%. These differences are in part conditioned by the concentration of non-Lithuanians in less advanced territories from the social and economic viewpoint. Moreover, the unemployed representatives of national minorities, in comparison to Lithuanians, are usually of lower general education and vocational training. In 2002, Lithuanians constituted 83.4% of the total labour force, Russians and Poles constituted 6.9% and 7.8% respectively, and the remaining ethnic groups constituted only 2.5%.
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Employment and unemployment of the population by ethnic background and gender Labour force (thousand) Labour force activity rate in the age group between 15 and 64 (thousand) Employment rate in the age group between 15 and 64 (thousand) Unemployment rate (in percentage) Total 1 630.3 69.3 59.6 13.8 Women 801.4 65.7 57.1 12.9 Men 829 73.2 62.3 14.6 Lithuanian 1 360.6 69.5 60.5 12.8 Women 667 66.2 58.4 11.6 Men 693.6 73 62.7 13.9 Russian 113.1 68.2 54.3 20.3 Women 54.7 63.5 50.8 19.9 Men 58.4 73.5 58.2 20.6 Polish 115.5 67.6 55.5 17.8 Women 59.3 62.4 49.9 19.9 Men 56.2 74.2 62.5 15.5 Other ethnic groups 41.2 70.1 57.6 17.4 Women 20.4 67.4 56.5 15.8 Men 20.8 72.9 58.7 19.1 Data of the Department of Statistics under the Government of the Republic of Lithuania Unemployment statistics Unemployment rate on 1 January 2004 Data of the Lithuanian Labour Exchange Data of the Lithuanian Labour Exchange Measures for increasing employment 265. One of the key goals of the Programme of the Government of the Republic of Lithuania for 2001-2004 is to deal with issues relating to employment increase and poverty reduction, to prioritise human investments, and to accelerate the creation of information and knowledge-based society, as well as science and technology development.
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266.The Programme for Employment Increase for 2001-2004 was approved by Resolution No 529 of the Government of the Republic of Lithuania of 8 May 2001, concretising the guiding provisions of the Government of the Republic of Lithuania relating to economic, labour, social and education policy, as well as other areas of activities influencing the employment of the population.
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267.The strategic goals of the Programme for Employment Increase are as follows: to surmount negative consequences of structural economic reform and external impact on the employment of the population and the labour market; to increase the employment of the population, to reduce unemployment and to balance the labour market; as well as to get ready for participation in the common process of the co-ordination of the European Union employment strategy.
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268.The implementation of these goals is aimed at stopping growth in the unemployment rate in the short run, and consistently reducing the registered unemployment rate to 7 or 8% in the long run. While implementing the Programme, favourable conditions should be created for business development and investments, which would ensure the creation of 110 000-120 000 new jobs. This should provide real possibilities to further increase the employment of the population to the average level in the EU Member States and to strive for full employment.
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269.The Programme for Employment Increase for 2001–2004 provides for 5 key trends. One of them is the enhancement of equal opportunities in the labour market. The primary goals of this trend are to form a labour market accessible for everyone, to ensure equal opportunities for women and men in the labour market, to support the employment of the disabled and the Roma. In pursuit of these goals, employers recruiting groups of the unemployed that are additionally supported in the labour market are granted employment subsidies (to increase the interest of groups of socially vulnerable persons, their integration into the labour market by relating it to the system of the provision of social assistance, as well as to prepare territorial labour market programmes targeted at increasing the employment of most socially vulnerable persons).
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Employment of aliens who have been granted asylum 270. One of the trends of the Programme for Social Integration of Aliens who have been granted Asylum is the organisation of employment for aliens who have been granted asylum, i.e. assistance in getting employment, re-qualification, etc.
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271.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 employment, the funds allocated for the Programme for Social Integration shall be used for implementing additional measures for organising their employment. It is intended during the period of social integration to familiarise them with the situation in the Lithuanian labour market and help become aware of their possibilities, get ready for the labour market by undergoing in-service training, changing or gaining a new profession, to create conditions for completing the state social insurance period necessary for drawing an unemployment benefit, to inform and, if appropriate, provide support in organising independent business, as well as to assist in getting employment under employment contract.
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272.An alien who has been granted asylum and who needs State assistance for getting employment, immediately registers, assisted by the curator, with a territorial labour exchange and acquires the status of the unemployed. As other unemployed persons, he is provided with state guarantees of employment in accordance with the procedure provided by laws and other legal acts. Additional employment guarantees apply to those aliens who, being granted asylum, have been granted refugee status and fall under the categories of the unemployed specified in Article 8 of the Law of the Republic of Lithuania on Support for the Unemployed.
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273.The planned employment measures should be intended to assist a person in getting employment, i.e. account should be taken of his or her profession, previous employment, age and cultural traditions. If needed, special programmes may be drawn up relating his or her vocational training and Lithuanian language studies to work.
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274.The institution implementing the social integration of an alien who has been granted asylum may conclude an agreement with a territorial labour exchange regarding the implementation of employment measures. The agreement specifies measures for organising employment to be financed with the funds allocated for the Programme for Social Integration. The territorial labour exchange familiarises the alien who has been granted asylum with the situation in the Lithuanian and local labour markets. On request, a psychologist-counsellor employed at the Labour Market Training Authority helps the alien become aware of his or her possibilities and choose an appropriate area of future work. For the purpose of temporarily employing aliens who have been granted asylum, the territorial labour exchange together with the municipality organise public works; the territorial labour exchange also organises full-time or part-time jobs supported by the Employment Fund corresponding to their preparedness and state of health. These jobs give them an opportunity to complete the state social insurance period necessary for drawing an unemployment benefit, to check their professional motivation and skills. Public works, as well as jobs supported by the Employment Fund are organised with the use of the funds allocated for the Programme for Social Integration.
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275.If needed, a territorial labour exchange organises vocational training for an alien who has been granted asylum (acquisition of a profession or in-service training). A training programme is selected on the basis of the professional motivation and skills of the alien who has been granted asylum. He may undergo vocational training according to specially adapted programmes, including individual and financed from the funds allocated for the Programme for Social Integration.
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276.For the purpose of employing aliens who have been granted asylum, new jobs may be created. Funds for establishing new jobs are allocated from the Programme for Social Integration. The establishment of a job for a particular person may be financed only once.
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277.A territorial labour exchange provides information to an alien who has been granted asylum about possibilities for organising independent business in Lithuania. Upon the submission of a business plan or a creative activity programme, a person willing and ready to set up one’s business may, in accordance with the procedure provided by laws and other legal acts, be granted a loan without interest for organising one’s business from the funds allocated for the Programme for Social Integration, by transferring them to the Employment Fund.
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278.A person who is organising one’s business may be given onetime monetary support for acquiring a patent, licence and working tools from the funds allocated for the Programme for Social Integration.
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279.Having completed Lithuanian language courses, vocational training and been temporarily employed for public works or jobs supported by the Employment Fund, an alien who has been granted asylum must actively seek for employment possibilities. If needed, he or she may apply to private labour exchanges on employment matters at his or her own expense.
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280.Where the employment programme of an alien who has been granted asylum, including Lithuanian language teaching, continues for 12 months or longer, the programme should include a one-month resting period, so that the duration of the employment programme would not exceed 11 months with a 12-month period. The resting time is agreed with the person concerned.
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281.Aliens who have been granted asylum become entitled to an unemployment benefit after having performed, sent by a labour exchange, public works or jobs supported by the Employment Fund within the last 12 months from registration with a labour exchange, completed vocational training, while the total duration of these works and training was not shorter than 180 calendar days, or was equal to the period required to complete the necessary state social insurance period, if this makes not more than 180 calendar days. Aliens who have been granted asylum are paid, in accordance with the procedure provided by laws and other legal acts, an unemployment benefit in the amount of State-supported income. This unemployment benefit is paid from the funds of the Employment Fund by a territorial labour exchange.
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Support for the Roma population 282. The unemployment problem is quite often faced by the Roma population. The majority of Roma, being without even basic education, cannot acquire any profession. Besides, Roma people find it difficult to compete in the labour market because of negative attitude towards them in the society. For lack of education and poor vocational training Roma cannot set up a small business as they are unable to settle the required documents, to pass a driving test, or have no minimal initial resources for that. Only the few were previously employed officially. Even those unemployed who are registered in a labour exchange do not receive benefits since they do not have the required employment record. This results in conditions for illegal employment or involvement in criminal activities. Unemployment is related to the poverty of large Roma families. Due to insufficient employment record, only a part of them draws old-age pensions, while the others receive social pensions (approximately LTL 80-90). Women raising children under 3 years of age receive a family benefit (approximately LTL 90), and some persons derive disability benefits.
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283.While implementing the Programme for the Integration of Roma into Lithuanian Society for 2000-2004, the Ministry of Social Security and Labour was responsible for preparing a vocational training and employment programme for the Roma community of Vilnius. The Labour Market Training Authority prepared a vocational training and employment programme for the Roma community of Vilnius and its implementing measures for 2003-2004. The Programme provides for the vocational counselling of Roma and labour market vocational training. Having regard to the level of education of Roma people, 7 relevant training programmes that are in demand in the labour market have been adapted for their vocational training (e.g., woody plant and grass cutter, cleaner, assistant nurse in a health care institution), as well as 3 non-formal education programmes have been prepared which could be useful in their everyday life. These programmes are difficult to be put into practice because of the low activity and motivation of this demographic group.
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284.According to the data of 1 January 2003, there were 32 unemployed persons of the Roma national minority registered with Vilnius Labour Exchange. In 2003, 53 unemployed Roma people registered with Vilnius Labour Exchange. 42 unemployed Roma people were involved in active labour market policy measures (6 in public works, 1 in a job supported by the Employment Fund, and 35 in a programme of work clubs). One unemployed Roma person was employed under a fixed-term employment contract. According to the data of 1 January 2004, there are 14 unemployed Roma people registered with Vilnius Labour Exchange.
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Decommissioning of the State Enterprise Ignalina Nuclear Power Plant 285. The decommissioning of Unit 1 of the State Enterprise Ignalina Nuclear Power Plant (hereinafter referred to as the Ignalina NPP) is foreseen in the year 2005; Unit 2 and the Ignalina NPP as a whole will be shut down in the year 2009. The shutdown of the Ignalina NPP will have direct impact on the social and economic situation of the entire country, especially on the territories of the city of Visaginas, the Ignalina district and the Zarasai district. The shutdown of the Ignalina NPP will have the major impact on the social and economic state of the residents of Visaginas, while nearly 85% of the residents are non-Lithuanians.
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286.The population of working age constitutes 66% in Visaginas (22 200 persons), 52% in the Ignalina district (12 900 persons), and 53% in the Zarasai district (13 000 persons). According to the data of 1 September 2003, there were 1 631 unemployed registered with the municipality of the Ignalina district (unemployment rate – 15.8%), and 1 444 unemployed – with the municipality of the Visaginas district (unemployment rate – 11.3%).
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287.While dealing with social and economic problems resulting from the decommissioning of the Ignalina NPP, it is aimed at creating favourable conditions for sustainable regional development and compensating for the jobs lost after the decommissioning of the power plant. The peculiarity of the region is taken into account with the purpose of helping the population to adapt to the new social and economic conditions and to settle in the labour market, as well as providing them with adequate social security.
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288.Under Resolution No 287 of the Government of the Republic of Lithuania of 26 February 2002 on the Formation of the Ignalina Nuclear Power Plant Region, the Ignalina NPP region was formed from the municipalities of the city of Visaginas, the Ignalina and Zarasai districts. The Regional Council and the Regional Development Agency were also established. General and development plans for this region are under preparation. In 2003, a small and medium-sized business development plan for the Ignalina NPP region was drawn up. It is envisaged that business incubator activities will commence in 2004.
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289.At the request of the Ignalina NPP Regional Development Agency, since 2003 annual social and economic monitoring has been started according to the monitoring programme and techniques specifically developed for this region. The monitoring results are important for the evaluation of the implementation of the social and economic measures provided for in the Decommissioning Programme for Unit 1 of the Ignalina NPP, as well as for its annual revision.
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290.Since December 2001 the Information and Consultation Centre has been operational in Visaginas the task whereof is to help the residents of the region adjust to changing circumstances. The Centre provides information and vocational counselling services, information on possibilities to get employment and to gain a profession, as well as access to the Internet. In October 2001, a mini labour exchange was opened at the Ignalina NPP provided with information materials on the situation in the labour market, as well as on employment and training possibilities. This exchange offers individual consultation for employees of the Ignalina NPP. A computerised programme in Lithuanian, Russian and English is implemented for assessing the vocational needs of employees and their possibilities in the labour market.
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291.The social support system is being strengthened in the region. In November 2003, the Social and Psychological Assistance Office in Visaginas was established. Social support measures essential for the region are to be prepared in 2004.
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292.A legal framework has been developed for implementing employment and social guarantees with respect to the employees dismissed or to be dismissed. The Law of the Republic of Lithuania on Additional Employment and Social Guarantees for Employees of the State Enterprise Ignalina Nuclear Power Plant (No IX-1541 of 29 April 2003) provides for additional employment and social guarantees for employees of the Ignalina NPP who are dismissed or being dismissed from work because of the shutdown of Units 1 and 2, as well as for their family members. This is intended to mitigate the negative social consequences and to ensure safe operation of the Ignalina NPP until its decommissioning. The Law provides for additional measures widening possibilities of vocational training, new jobs and employment of employees of the Ignalina NPP for these jobs. To implement the employment and social guarantees provided for in the Law, respective legal acts have been prepared establishing the procedure for implementing the guarantees, i.e. development of individual plans, payment of additional redundancy, pre-pensionary unemployment or resettlement benefits. The said measures related to the shutdown of the Ignalina NPP will be applicable to any employee who has lost his or her job, without any restrictions on the grounds of race, ethnic background, origin, sex, age or on other grounds.
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ii)The right to form and join trade unions 293. Article 50 of the Constitution of the Republic of Lithuania provides that: “Trade unions shall be freely established and shall function independently. They shall defend the professional, economic and social rights and interests of employees. All trade unions shall have equal rights.”
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294.According to Article 1 of the Law of the Republic of Lithuania on Trade Unions, the right to freely join trade unions and take part in their activities shall be enjoyed by citizens of the Republic of Lithuania, as well as other persons who are permanently resident in Lithuania, who are 14 years of age and over, and who are working under employment contract or on other grounds provided by law.
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295.The Seimas of the Republic of Lithuania passed the Law Amending the Preamble and Article 1 of the Law of the Republic of Lithuania on Trade Unions (No IX-1803 of 3 November 2003) the purpose whereof is to grant the right to join trade unions and take part in their activities to all aliens, including those who are temporarily, but legally working in the Republic of Lithuania. iii) The right to housing 296. According to the Law of the Republic of Lithuania on State Support to Acquire or Rent Housing (No IX-1188 of 12 November 2002), State support to purchase, construct (renovate) dwellings or rent municipal social housing is provided to natural persons (families) who have a permanent place of residence in the Republic of Lithuania.
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297.Social housing means non-profit municipal dwellings rented out in accordance with the procedure for the calculation of rent established by the Government of the Republic of Lithuania, which are intended for the accommodation of low-income persons and families under the conditions established by law.
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298.In the period from 1998 to 2003 housing loans on easy terms were granted to persons (families) eligible to State support, from credit resources of banks, by paying to the bank, in accordance with the established procedure, 5% annual interest on behalf of a borrower when a loan is provided in Litas, and 3% annual interest when a loan is extended in a foreign currency (USD or EUR), during the first half of the term specified in the loan contract, but not exceeding 10 years, calculating from the date of the provision of the loan. During the second half of the term of the loan the borrower paid to the bank the interest specified in his or her loan contract. A loan is extended for a period of up to 25 years. The borrower was required to have saved a 5% initial contribution and insured the loan with the Housing Loan Insurance Company in accordance with the Rules for Housing Loan Insurance and the Procedure for Covering Insurance Premiums from the Funds Allocated for the Implementation of the Special Programme to Finance State Support for the Acquisition of Residential Houses and Apartments approved by the Minister of Finance.
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299.Municipalities provided additional privileges to socially deprived persons, by covering the following part of the loan:
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20% of the loan granted by the bank for orphans and children deprived of parental care, upon the expiry of their accommodation in children’s institutions or placement under guardianship, provided they cannot return to former dwelling places or they do not have such places;
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10% of the loan granted by the bank for: families with the disabled of group I or II or a disabled child under 16 years of age if it is established that this family member is in need of permanent nursing; families with persons having severe forms of certain chronic diseases entered in the list approved in accordance with the procedure established by law; families where both the spouses are of pensionable age and no able-bodied family members live together; families which are raising four or more minor children living together or have adopted at least two orphans or children deprived of parental care; a parent (guardian) raising two or more minor children alone (without his or her spouse).
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300.According to the data of the Department of Statistics, at the beginning of 2002, over 17 000 persons (families) entitled to State support wanted to rent municipal social housing; over 6 000 persons (families) of them were socially vulnerable.
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301.One of the top priorities in the drafted Lithuanian Housing Strategy is considered the expansion of dwelling choices for all social groups. It is therefore important to develop the rental housing sector, which can be achieved by the maximum use of opportunities in the private sector and its existing housing stock, by the development of the social housing stock using public and municipal funds. This stock would be formed, mostly, by purchasing low-demand dwellings on the market and adapting them to social housing needs. It can also be achieved by the creation of conditions for the formation of the non-profit rental housing sector, following experiences in the EU Member States. The main sources of financing for the development of the rental housing sector would include the funds of the State and municipal budgets of the Republic of Lithuania – 60-65% of the required amount; the capital of private companies – 25-30% of the required amount; and the means of natural persons (real estate owned or being acquired) – 10-15%.
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302.Support for aliens who have been granted asylum in the area of housing provision is given in accordance with the Procedure for Social Integration of Aliens who have been Granted Asylum approved by Resolution No 572 of the Government of the Republic of Lithuania of 17 May 2001.
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303.Pursuant to the Law of the Republic of Lithuania on Social Services (No I-1579 of 9 October 1996), citizens of the Republic of Lithuania, as well as citizens of other states and stateless persons possessing permits for permanent residence in Lithuania, who do not have a dwelling or temporarily cannot use it, can receive these services in institutions of temporary lodging: common lodging-houses, crisis centres, etc. According to the data of 2002, there were 23 lodging-houses and crisis centres in Lithuania. In 2002, 2 400 persons were accommodated in temporary residence houses. Furthermore, there were 115 temporary shelters where another 76 persons or so would every day receive temporary shelter for a night.
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304.Common lodging-houses usually accommodate former prisoners. In 2002, 849 former prisoners were accommodated at lodging-houses. The majority of former prisoners were accommodated at lodging-houses in Vilnius, Kaunas, Klaipėda, Šiauliai and Panevėžys.
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305.Homelessness is one of the sorest problems among the Roma community. Quite a few of them live without any identification documents or permanent employment. These and other circumstances prevent the Roma community from enjoying the rights to housing granted by law. Houses and huts (approximately 70) in the Kirtimai Roma settlement in Vilnius have been constructed without any authorisation, are poor and lack basic sanitation. The legal registration of those buildings is not settled, although some of them would comply with the set requirements and could be legalised. Another part of the Roma community lives in cities, often in emergency houses; the majority of them are not able to pay for their apartment and public utilities.
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306.While implementing the Programme for the Integration of Roma into Lithuanian Society for 2000-2004, the municipality of Vilnius with the largest Roma community has carried out a lot of activities, focusing on improving the living conditions of this community. In 2001, gravel road repairs were performed in the Upper Roma encampment (Metalo St., Vilnius) – the area of 1 150 sq. m was reinforced with a mixture of sand and gravel, as well as potholes were patched on the asphaltic concrete pavement on the access road to this encampment. Gravel road repairs were also performed in the Lower Roma encampment (Geologu St., Vilnius) – the area of 1 067 sq. m was reinforced with a mixture of sand and gravel, as well as the potholed pavement on the Rodunės Road (access road to the third Roma encampment) was repaired and gravelled.
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307.In October 2001, the Energy and City Maintenance Department and the Vilnius Water Company (special purpose state enterprise) financed the equipment of two new cold water hydrants in the Kirtimai Roma settlement – one in the Upper encampment and one in the Lower encampment. At present there are 4 hydrants in total. The hydrants are equipped with filtering wells with ladders.
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308.The Vilnius Electricity Network laid electric wires in the Upper and Lower encampments and installed electricity panels with metering devices at houses. The residents installed in-house electric wiring from those panels at their own expenses. There are 58 customers of the electricity network in the Upper encampment, and 26 – in the Lower encampment. Most residents do not pay for energy. There are lights installed at some houses for lighting up the yard. They are connected to the in-house networks.
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309.It was foreseen in the estimates for the use of the Nature Protection Fund of the municipality of Vilnius in 2002 and 2003 to allocate LTL 21 000 every year for the transportation of municipal waste from Roma settlements. The Energy and City Maintenance Department of the municipality of Vilnius signed a contract with the private company “Švarus miestas” for the said services. Places for dumpsters were chosen in the encampment, and the service provider put eight dumpsters of 1.1 cubic meter capacity which are serviced twice a week – on Tuesdays and Fridays. Approximately 80-85 cubic meters of municipal waste are transported every month (960-1 020 cubic meters of municipal waste per year). Municipal waste is transported from the Roma settlement free of charge; the dumpsters are repaired and painted by the service provider, the private company “Švarus miestas”, at its own expense.
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310.Cleaning in the Kirtimai Roma settlement is organised by Naujininkai neighbourhood, by making use of the public works programme and employing people sent by the police. Every year waste is collected, and dumps removed.
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311.The works organised by the Energy and City Maintenance Department were performed by the private company “Stebulė”. Bushes were cut out; the collected waste, bulk waste, tree branches and leaves were loaded and transported. In March 2002, the asphaltic concrete pavement on the access road was repaired, and the roads in the Roma settlement were gravelled and graded. In April 2002, washouts and potholes on the roadway were additionally metalled.
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iv)The right to public health, medical care, social security and social services Right to health care 312. According to Article 6 of the Law of the Republic of Lithuania on Health Insurance (No I-1343 of 21 May 1996), the right to health care financed from the budget of the Compulsory Health Insurance Fund shall be enjoyed by citizens of the Republic of Lithuania, foreign nationals and stateless persons who are permanently resident in Lithuania, as well as foreign nationals and stateless persons who are temporarily resident in Lithuania, provided they are legally working in Lithuania, as well as minor members of their families.
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313.
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Article 6(4) of the Law of the Republic of Lithuania on Health Insurance specifies persons insured with public funds: persons drawing any type of pensions established by law; persons of working age who have registered with the labour exchange of their place of residence; unemployed persons of working age who have completed the compulsory state social pension insurance period established by law for drawing a state social insurance old-age pension; women who are granted pregnancy and maternity leave in accordance with the procedure established by law, as well as unemployed women during their pregnancy between 70 days (after 28 weeks of pregnancy or more) preceding delivery and 56 days after delivery; one of parents raising a child until he/she becomes 8 years of age, as well as one of parents raising two or more children until they come of age; persons under 18 years of age; full-time students of general education, vocational, post-secondary and higher schools; persons supported by the State who draw a social benefit; persons recognised as disabled in accordance with the procedure established by legal acts; persons ill with communicable diseases dangerous to the public; opposition (resistance) participants, rehabilitated political prisoners and deportees; persons who contributed to the elimination of the consequences of the nuclear accident at the Chernobyl nuclear power plant; former inmates of the ghetto and former juvenile prisoners of the fascist forced confinement institutions; priests of traditional religious communities recognised by the State, students of educational institutions for the training of priests and novices during monastic formation in monastic noviciates; participants in the Afghanistan war.