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Mr Chairman,
Distinguished Members of the Committee,
Ladies and Gentlemen,

On behalf of the Government of the Republic of Lithuania, it is my great pleasure to present the fourth and fifth consolidated periodic reports of Lithuania under the International Convention on the Elimination of All Forms of Racial Discrimination.

Before presenting the report, let me introduce the members of the Lithuanian delegation:

Mr. Jonas Rudalevičius, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Republic of Lithuania to the United Nations Office and other International Organizations in Geneva (Deputy Head of the Delegation),

Mr. Tomas Baranovas, Advisor to the Minister of Justice of the Republic of Lithuania,

Mr. Imantas Melianas, Advisor to the Minister of Culture of the Republic of Lithuania,

Ms. Danguolė Grigolovičienė, Senior Advisor of the Office of the Equal Opportunities Ombudsperson,

Mr. Julius Rakitskis, Head of the Human Rights Division, United Nations, International Organizations and Human Rights Department, Ministry of Foreign Affairs of the Republic of Lithuania,

Mr. Darius Staniulis, Minister Counsellor of the Permanent Mission of the Republic of Lithuania to the United Nations Office and other International Organizations in Geneva,

Ms. Gaivilė Stankevičienė, Third Secretary of the Human Rights Division, United Nations, International Organizations and Human Rights Department, Ministry of Foreign Affairs of the Republic of Lithuania,

Ms. Irina Urbonė, Head of the Law Application Division, Law Department, Ministry of the Interior of the Republic of Lithuania,

Mr. Rimvydas Valentukevičius, Prosecutor of the Pre-trial Investigation Control Division, Prosecutor General’s Office of the Republic of Lithuania,

Mr. Stanislav Vidtmann, Counsellor of the Citizen and Open Government Unit, Communication Department, Office of the Prime Minister,

Ms. Daiva Zabarauskienė, Deputy Head of the Equal Opportunities Division, Social Inclusion and Communities Department, Ministry of Social Security and Labour of the Republic of Lithuania.

Ladies and Gentlemen,

Lithuania is a multicultural country. For centuries, it has been home to various nationalities, cultures, and religions. The existence of a historical multicultural tradition is an invaluable foundation for the promotion of tolerance in today’s Lithuania. Though in absolute numbers ethnic minorities form a relatively small part of population – 17 per cent, they are vital cultural and civilisational part of our nation and have greatly contributed to Lithuania’s development.

Since regaining independence in 1990, Lithuania has taken a wide range of measures aimed at combating intolerance and racial discrimination. Lithuania has ratified all core human rights instruments and ensured the compliance of national legislation with the international human rights standards regarding non-discrimination on the grounds of race or nationality.

Lithuania attaches high importance to the international human rights agreements and obligations arising from them. In 2010 Lithuania ratified the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol. In 2008 Lithuania signed the Council of Europe Convention on the Participation of Foreigners in Public Life at Local Level as well as the Convention on Action against Trafficking in Human Beings.

We are open to all mechanisms applied by international organizations to monitor the situation in the field of human rights. In this regard, I would like to note the first visit to Lithuania in 2007 of the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance Mr. Doudou Diène. Lithuania has taken very seriously the areas of concern identified by the Special Rapporteur, and has taken necessary measures to implement the recommendations listed in his report.

Last year we welcomed a delegation of the European Commission against Racism and Intolerance (ECRI), which is preparing for the fourth round of reporting on the situation in Lithuania in the field of racial discrimination and intolerance. At the moment Lithuania is finishing the third reporting round under the Council of Europe’s Framework Convention for the Protection of National Minorities.

In Lithuania, the principle of racial non-discrimination is enshrined in the Constitution. It is mainstreamed through legislation in different fields, including employment, social protection, education, culture, etc. Lithuania has consistently included provisions on the prohibition of incitement to national, racial, religious and any other inequality in the national legislation. It has also pursued specific anti-discrimination programmes, taking concrete measures aimed at social inclusion of vulnerable communities.

A major impetus for improving relevant legislation was provided by Lithuania’s accession to the EU in 2004. Lithuania undertook to ensure the compliance of the national legal system with the European Union acquis. This naturally led to changes in the national legislation and accordingly shaped government policies of combating all forms of discrimination, including racial discrimination.

Since the submission of last report to your Committee, there have been a number of positive developments in the national legislation. I would like to assure you that the concluding observations of your Committee on Lithuania’s previous report had a positive impetus with regard to national legislation. For example, adoption of relevant amendments to Lithuania’s Criminal Code, which strengthened criminal liability for hate crimes.

Previous criminal legislation did not provide a possibility to qualify racist attacks as racist criminal acts but rather as crimes against human life, individual’s health or public order. In order to ensure a more effective protection system in the cases where criminal acts are committed on the basis of a person’s belonging to a certain social group, a relevant amendment of the Criminal Code of the Republic of Lithuania was adopted in 2009. This amendment treats racial motivation as an aggravating circumstance [1] and as a qualifying feature of the crimes of murder, as well as severe and non-severe health impairment for which heavier liability is foreseen.

Another important amendment of the Criminal Code related to hate crimes repealed administrative liability and criminalised the following acts: production, possession, distribution or public display of information which promotes national, racial or religious discord. It also criminalized the establishment of organizations for discrimination against people and inciting national, religious, ethnic or other discord between different groups of population. The criminalization of these violations are justified by the fact that under Article 25(4) of the Constitution of the Republic of Lithuania instigation of national, racial, religious, or social hatred, violence, or discrimination, the dissemination of slander, or misinformation on such grounds is incompatible with the freedom of expression.

Ladies and Gentlemen,

The above mentioned amendments of the Criminal Code show a clear political will and commitment to combat racial discrimination by the strongest means available, including by increasing liability for related violations. We believe that these amendments will not only help to prevent criminal activity but will also contribute to fighting prejudice and discriminatory attitudes.

At the same time we are aware that effective implementation of non-discrimination legislation requires further efforts. In order to increase the vigilance of public officials regarding cases of racial discrimination, a number of training courses on legal acts prohibiting racial discrimination were organized for law enforcement officials. Specific training was conducted for judges, prosecutors, police officers and lawyers on how to properly assess cases of racial, ethnic, religious, gender-based and other related discrimination, as well as cases of hatred and xenophobia, and how to efficiently apply international and EU legislation, including the International Convention on the Elimination of All Forms of Racial Discrimination.

Given the fact that victims of racial discrimination often hesitate to complain to judicial or other institutions, a new version of the Law on Equal Treatment, adopted in 2008, provides for more effective legal protection of their rights. Victims of discrimination are granted more procedural guarantees. The burden of proof in discrimination cases is shifted over to the defendant, and victims of discrimination are given the right to claim financial and moral damages from the defendant.

At the same time, an important amendment regarding legal representation has been introduced. Protection of the rights of a person discriminated against is effectively ensured by entitling associations or other legal persons, on behalf of the person discriminated against, to represent him/her in judicial or administrative procedures.

In Lithuania hate crimes, including racially motivated crimes are uncommon, but they do occur. We must note that the statistical data provided by the Prosecutor General’s Office show that over the past three years the number of pre-trial investigations on incitement of hatred on the grounds of race, nationality or religion has decreased. In 2008, 69 pre-trial investigations of this category were initiated and conducted, while in 2009 the number went down to 34, and in 2010 the number of respective pre-trial investigations amounted to 20.

Of the twenty pre-trial investigations initiated and conducted in 2010, eight pre-trial investigations were commenced for incitement of hatred against Roma, six pre-trial investigations – for inciting hatred against Jews, three pre-trial investigations – for incitement against Poles, two – for inciting hatred against Russians, and one pre-trial investigation – for inciting religious hatred (against Catholics).

It must be underlined that law enforcement institutions respond to cases of racially motivated acts in a timely and proper procedural manner. As an example I would like to point out the immediate reaction of state authorities to the procession of pro-fascist youth which occurred on 11 March 2008. A pre-trial investigation was initiated on the following day, and the acts were qualified as public incitement of hatred and discrimination under Article 170 of the Criminal Code. The perpetrators were fined, which sent a warning to all those who might commit similar crimes in the future.

We also observe hate crimes are committed on the internet. In this regard, let me mention that according to the amendment of Law on the Provision of Information to the Public, since 1 January 2010 the competence of the Inspector of Journalist Ethics has been expanded by introducing the function, on the basis of the conclusions of experts, to establish whether public information announced in the media incites discord on grounds of sex, sexual orientation, race, nationality, language, descent, social status, religion, convictions or views.

Taking into account the complexity of identifying perpetrators in this category of cases, the Prosecutor General 's Office approved methodological guidelines for pre-trial investigation officers regarding criminal acts committed on racial, nationalistic, xenophobic, homophobic or other discriminatory grounds.

Ladies and Gentlemen,

As already mentioned, national minorities constitute a relatively small, but valuable part of the Lithuanian society. According to the 2001 population census, 115 different nationalities live in Lithuania. Their numbers vary greatly: from several hundred thousand, like Poles and Russians, to barely a few hundred like the Karaites and even a few dozen, like Greeks, Bulgarians, Hungarians and others [2].

Our policies vis-à-vis national minorities aim to create a sustainable environment for smooth integration of national minorities into the Lithuanian society so that they can fully and effectively participate in all aspects of the country’s life while preserving their cultural and religious identity.

National minorities integration policy pays particular attention to issues of education, including the teaching of the official language of the state as a key factor of enabling national minorities to fully participate in our nation’s social, political, and economic life. A number of state language courses have been organized in different regions where large communities of national minorities reside. In this respect, let me mention the draft Law on Education which is currently deliberated in the Parliament of Lithuania.

In order to ensure better opportunities for the youth of national minorities to integrate in the labour market, the draft law establishes an obligatory number of subjects to be taught in the state language at schools of national minorities (no less than two subjects in the basic curriculum and no less than three subjects in the secondary curriculum). According to the data provided in the European Union Agency for Fundamental Rights Annual Report for 2010 42 per cent of ethnic minority survey respondents in Lithuania indicated that they were experiencing problems in the labour market due to poor Lithuanian language skills [3]. Therefore we hope this change compared to current legal provisions which allow to carry out all the teaching in the language of national minorities, will prove beneficial to Lithuania’s national minorities by enabling them to better integrate in all aspects of society’s life and thus to benefit from their full-fledged rights as citizens.

With a view to ensuring effective integration of national minorities, a number of tailor-made programmes for national minorities have been implemented. The Programme of Integration of National Minorities into the Lithuanian Society for 2005–2010 was replaced by a long-term policy document–the National Minorities Policy Development Strategy until 2015.

Ladies and Gentlemen,

The Roma minority is considered one of the most socially disadvantaged groups in Lithuania. Therefore our national minorities policy places relatively more focus on Roma issues. Three successive programmes for integration of Roma into the Lithuanian society, have been implemented. They aimed at addressing the issues of social exclusion, education and health problems of the Roma community, and preserving their culture and traditions and promoting tolerance. However, we should admit that people of Roma community continue to face problems in a number of areas, including employment, education, health care and social security.

In order to reduce unemployment of the Roma community, projects aimed at Roma integration in the labour market are being initiated. The Labour Exchange of Vilnius city has organized a series of special events at the Roma Community Centre. In 2009, a terminal for the search of information about employment opportunities was created in the Kirtimai Tabor in Vilnius.

Education programmes are used to support the integration of Roma children in the Lithuanian society. While implementing Roma integration programmes pre-school training classes for Roma children aged six- to- eight years old were organized to prepare them for the elementary school. In addition, free nourishment, supplementary training in art, dance and singing, as well as computer courses are offered for Roma children.

In 2007 distance learning for Roma adults was introduced. With a view to encouraging motivation to study among the Roma community, in 2009 two Roma students were granted scholarships. One Roma representative is currently pursuing PhD studies. She also participated in the recent elections of Vilnius municipality, thus setting a good example for her community.

Ladies and Gentlemen,

Tolerance is an essential building block of our modern societies. Tolerance cannot be taken for granted. Promoting tolerance requires concrete actions from both governments and civil societies. Sound legislation, effective law enforcement as well as education, youth and media policies play a critical role in pursuing this goal. Lithuania believes that the role of education and awareness-raising measures in combating intolerance is of utmost importance. We put also particular emphasis on this issue on the agenda of 2011 Lithuanian OSCE Chairmanship.

School curricula in Lithuania include the fundamentals of civic education. Human rights, tolerance and nondiscrimination, as well as respect for minorities is a very important part of the curriculum and the core of the course. History and ethics classes are also used for this purpose. Recently, new generation textbooks for teaching civic education have been published in Lithuania. The textbooks correspond to real life changes and emphasize the value of tolerance and respect for national minorities.

A network of tolerance education centres has been established in Lithuania, which covers 74 secondary schools. Members of the network implement various civic initiatives, including those related to the Holocaust, education of tolerance and humanism. Non-formal education offers ways of addressing the issues of identity and contributes to the promotion of a greater understanding of and respect for different cultures, ethnicities, religions and beliefs.

We are fully aware of the fact that even the best anti-discrimination laws are not effective unless they are consistently applied. To support activities aimed at combating discrimination, the Government has been implementing the national antidiscrimination programme. It aimes at diminishing the manifestations of discrimination on the grounds of age, sexual orientation, disability, racial or ethnic origin, religion or beliefs in all areas of social life. Research regarding society’s tolerance vis-a-vis different social groups has shown that implementation of the national anti-discrimination programme had a positive effect on the society’s perceptions.

In this respect we very much appreciate the activities of our non-governmental organizations that implement tolerance promotion projects. They indicate mobilization of the society against discrimination and show that activities promoting tolerance are no longer the prerogative of the state alone. These projects offer new angles of tackling discrimination related problems and expand public outreach in dealing with this troublesome phenomenon.

A number of projects aimed at promoting public tolerance, combating discrimination and awareness raising were implemented in collaboration with NGOs. The Office of the Equal Opportunities Ombudsperson participated in the awareness raising activities for civil servants, NGO representatives, local administration officers, journalists, teachers.

The Ministry of Foreign Affairs is also contributing to promoting an understanding of diversity and tolerance through different activities, some of which are organised in collaboration with local NGOs and civil society representatives. For example, events dedicated to the International Africa Day, or presentation of Francophone African countries as part of the celebration of the month of International Francophonic World.

Ladies and Gentlemen,

Let me conclude by emphasising that non-discrimination on the grounds of race and nationality is a constitutional principle in Lithuania and the state is firmly determined to implement it. As with previous reports, we regard the comments and advice by your Committee as an important tool and resource in our continued efforts to improve in this field.

I hope that I have answered some of the questions received in advance. My delegation is ready to provide you with more detailed answers regarding any topic of interest. Looking forward to a truly interactive exchange on these and other issues, I thank you Mr Chairman.

[1] Article 60(1) of the Criminal Code which provides a list of aggravating circumstances was supplemented with a new aggravating circumstance: “where acts are committed seeking to express hatred towards a group of persons or a person belonging hereto on account of his/her age, gender, sexual orientation, disability, race, nationality, language, origin, social status, religion, beliefs or opinions”.

[2] According to the data provided by the Statistical Department, in 2010 Poles amounted to 6 per cent of the population, Russians – 4.8 per cent, Belarusians –1.1 per cent, Ukrainians – 0.6 per cent, Jews, Latvians, Tartars, Germans and Roma – 0.1 per cent each.

[3] European Union Agency for Fundamental Rights. Annual Report 2010. Conference Edition .P.88