Resolution CM/ResCMN(2016)9 on the implementation of the Framework Convention for the Protection of National Minorities by Lithuania

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as "the Framework Convention"),

Having regard to Resolution Res(97)10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution Res(97)10;[1]

Having regard to the instrument of ratification submitted by Lithuania on 23 March 2000;

Recalling that the Government of Lithuania transmitted its State report in respect of the third monitoring cycle under the Framework Convention on 21 September 2011;

Having examined the Advisory Committee's third opinion on Lithuania adopted on 28 November 2013, as well as the written comments of the Government of the Lithuania received on 10 October 2014;

Having also taken note of comments by other governments,

1. Adopts the following conclusions in respect of Lithuania:

a) Positive developments

Lithuania continues an overall inclusive approach towards the scope of application of the Framework Convention. The census in 2011 provided valuable information on the population, including as regards employment and education levels, and is overall considered as having been conducted in line with international standards. A draft Law on National Minorities has been prepared by a working group, chaired by the Vice Minister of Culture, which included minority representatives and comprehensively consulted most relevant stakeholders. The draft is viewed overall as a balanced document that, if adopted, would strengthen the protection of minority rights in Lithuania, including as regards the language rights of persons belonging to national minorities.

The scope of the Law on Equal Treatment has been broadened to include new grounds of discrimination and the burden of proof with regard to such allegations was shifted. Amendments to the Criminal Code in 2009 expressly establish racial motivation behind a crime as an aggravating circumstance. Considerable efforts have been made to raise awareness in law enforcement and prosecution servicers as well as among society at large on the available legal remedies in cases of discrimination and inter-ethnic or racially-motivated hostility. A training programme to enhance intercultural competences in the police was approved in 2013 and is ongoing. The Inspector of Journalists Ethics continues to actively monitor all media reporting and performs quasi-judicial functions, issuing warnings to publishers or institutions in cases where hatred is incited.

The available budget for projects aimed at the preservation and development of minority cultures was increased in the fiscal year of 2014 and efforts are being made to effectively consult national minorities in the allocation of funding. The government decided in late 2014 to re-establish the Department of National Minorities. As of July 2015, it shall be responsible for all analysis, strategy, programmes and projects related to issues pertaining to national minorities.

In consultation with national minority representatives, the Lithuanian authorities reviewed the adequacy of the public broadcasting in the languages of national minorities for existing needs. As a result, two new regular TV news broadcasts in the Russian language were launched by the national public broadcaster LRT at the end of 2014. This development has contributed to the general duration of programmes broadcast in minority languages.

A draft Law on the Official Spelling of Names has been prepared and introduced in parliament, which allows for the additional entry of names in minority language alphabets and spelling in identity documents, thereby giving effect to a 2009 Constitutional Court decision. The new Law on Education entered into force in July 2011, increasing the role of the State language in minority language schools to promote the integration of persons belonging to national minorities in higher education and the labour market. Considerable efforts have been made to provide additional training to minority language school teachers to cope with the changes. A transition period of eight years has been introduced for the implementation of the reform and an expert group is regularly evaluating progress in schools to ensure that school administration and teachers are obtaining adequate support.

Minority representatives continue to be well represented in Lithuanian politics and one minority political party has joined the government coalition in 2012. The Council of National Minorities functions as the main consultation mechanism for national minorities, including the numerically smaller ones. It meets regularly and provides advice mainly to the Ministry of Culture, which is reported to listen effectively to the concerns that are brought to its attention. According to census figures, access to the labour market overall is not affected by ethnic background but rather by regional differences. Preparations for the development of a new Action Plan for Roma Integration 2015-2020 are ongoing, in consultation with Roma representatives.

b) Issues of concern

Since the 1989 Law on National Minorities was declared null and void in January 2010, there has been no coherent legal framework for the protection of rights of persons belonging to national minorities. The Law on the State Language, which imposes the exclusive use of Lithuanian in all official correspondence and on all topography, continues to prevent in particular the enjoyment of language rights in line with the Framework Convention. Political and public debates on minority rights are often instrumentalised for political purposes and demonstrate a lack of understanding of minority rights, which creates an unfavourable environment for the rapid adoption of the recently prepared draft Law on National Minorities as well as the draft legislation related to the official spelling of names.

Despite persistent reports of discrimination experienced by persons belonging to minority groups, such as the Roma, there are few cases raised with the Equal Treatment Ombudsperson as knowledge of and trust in the institution among minority representatives is reportedly still limited. As the Advisory Committee noted in connection with Article 6 of the Framework Convention, open displays of hostility against minorities are not always appropriately condemned by the authorities. Despite an increase in hate crime, as in other member States, particularly on the Internet, the number of cases recorded remains low which, among other things, points to a lack of trust and a continued lack of relevant awareness and expertise within law enforcement and prosecution bodies.

Following a budget decrease in 2009, funds for the preservation and development of minority cultures are reportedly insufficient in particular for numerically smaller minorities, and support for minority language print and broadcast media has also diminished. Available broadcasts in minority languages had decreased after the reduction of the budget at the end of 2009, although it is reported that since 2014 efforts have been made to solve this issue and this should be subject to monitoring by the Advisory Committee. The education reform has prompted significant controversy among minority communities. A too hasty implementation could negatively affect the quality of teaching in minority language schools. Teachers and school administrations require continued and targeted support and training to ensure that the focus on promoting the State language in the education system does not disadvantage students of minority language schools in their general access to and participation in education. There should have been more flexibility in the implementation of the reform with a view to ensuring that the quality of education at minority language schools generally did not suffer as a result of a disproportionate focus on the promotion of the State language. More efforts are also needed to promote knowledge of and appreciation for minority cultures in schools, and to advance the teaching of multiple perspectives in history.

The discontinuation in 2009 of the specialised government structure responsible for minority protection issues and the transfer of functions to the smaller Division of National Minority Affairs in the Ministry of Culture resulted in a reduction in staff and available budget and has been viewed by minority representatives as having significantly reduced their influence on relevant decision-making. The socio-economic integration of Roma continues to be inadequate, notably in Kirtimai settlement in Vilnius, where illiteracy levels among the population are particularly high and housing remains sub-standard. A comprehensive strategy addressing all relevant issues, including education, health, housing and employment, and co-ordinated with all involved actors is urgently required to sustainably promote the effective equality of Roma.

2. Adopts the following recommendations in respect of Lithuania:

In addition to the measures to be taken to implement the detailed recommendations contained in sections I and II of the opinion of the Advisory Committee, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

Issues for immediate action:[2]

- adopt without delay and in close consultation with minority representatives a coherent legal framework for the protection of rights of persons belonging to national minorities, in particular regarding language rights in line with Articles 10 and 11 of the Framework Convention;

- ensure that minority language schools are adequately prepared and resourced to implement effectively the education reform without negatively affecting the overall quality of education;

- develop and implement a comprehensive strategy, involving all relevant actors and in close consultation with Roma representatives, to combat the continuing discrimination and social exclusion of Roma in all spheres of public life.

Other recommendations:2

- develop, in close consultation with all involved actors, a comprehensive strategy for the promotion of full and effective equality of persons belonging to national minorities based on regularly collected and disaggregated data on their access to rights;

- enhance the available support for the preservation and development of minority cultures and media and ensure that minority representatives are closely involved in the development, implementation, and evaluation of projects, as well as in the allocation of funding;

- increase efforts to adequately train law enforcement and prosecution bodies in the effective identification and sanctioning of cases of alleged discrimination and ethnically-based hostility, including hate crime; raise the awareness among society of available legal remedies, including the enhanced mandate of the Equal Treatment Ombudsperson;

- enhance efforts to promote respect and intercultural understanding among pupils in schools and increase support for multilingual teaching methodologies that bring together students from different language backgrounds;

- increase efforts to promote equal access to quality education for Roma in mainstream schools, including through the enhanced employment of Roma mediators;

- ensure that the views and concerns of minorities, including the numerically smaller ones, are effectively taken into account by all relevant government bodies in decision-making processes that affect them;

- actively promote the socio-economic integration of Roma, notably in Kirtimai settlement, through adequate solutions to the continued concerns with regard to their housing situation as well as their access to employment, health and social services.

3. Invites the Government of Lithuania, in accordance with Resolution Res(97)10:

a. to continue the dialogue in progress with the Advisory Committee;

b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in sections 1 and 2 above.

[1] In the context of adopting Resolution Res(97)10 on 17 September 1997, the Committee of Ministers also adopted the following rule: "Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour".

[2]The recommendations below are listed in the order of the corresponding articles of the Framework Convention.