Committee on the Elimination of Racial Discrimination

Reports submitted by States parties under article 9 of the Convention

Fourth to sixth periodic reports of States parties due in 2011

Liechtenstein*,**

[5 September 2011]

Contents

Paragraphs Page

I.Foreword1–33

II.Summary4–63

III.Non-citizens7–164

IV.Remarks on the implementation of individual articles of the Convention17–727

Article 1: Scope of application17–197

Article 2: Policy on the elimination of racial discrimination and promotion of understanding20–327

Article 4: Punishability of theories of superiority, prohibition of racist organizations and participation (membership), prohibition of racial discrimination and incitement by public authorities33–3712

Article 5: Right to equality before the law38–5513

Article 7: Measures in the fields of teaching, education, culture and information, with a view to combating prejudices and racial discrimination and promoting understanding and friendship, propagating the Universal Declaration of Human Rightsand the Convention56–7217

Annexes

I.Legal provisions on the integration of foreigners21

II.Further enactments23

Tables

1.Number of asylum-seekers by country group from 2003 to 20105

2.Asylum applications, provisional admission, asylum, and admission on humanitarian grounds (as of November 2010)6

3.Number of stateless persons in Liechtenstein between 2003 and 20097

4.Gross monthly wages in CHF by citizenship in 2008 (median)9

5.Unemployment by national groups, 2004 (in column percentages)9

6.Naturalizations per year, 2004-2009 (number)11

7.Racially discriminatory incidents, 2004 – 201013

8.Persons entering the State on the basis of family reunification or employment15

Figures

1.Number of asylum-seekers from 2003 to 2010 (2010 only through November)5

2.Origin of persons claiming assistance from the Office of Social Services(since 2001) (in percent)9

I.Foreword

1.The present report, which was adopted by the Government of the Principality of Liechtenstein on 14 June 2011, is being submitted pursuant to article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) of 21 December 1965. It serves as the consolidated fourth, fifth and sixth periodic report of Liechtenstein, covering the time period from March 2005 to March 2011.

2.The report was prepared by the Office for Foreign Affairs in collaboration with the various government offices responsible for the subject matters in question. Non-governmental organizations were given the opportunity to comment on the present report. The comments were submitted with this report.

3.The report was compiled in accordance with the guidelines contained in documents CERD/C/2007/1 and CERD/C/68/Misc.5/Rev.1 and contains the legislative, administrative and other measures implementing the Convention that took place during the reporting period. The present report refers to the observations and recommendations of the Committee regarding the consolidated second and third periodic report of Liechtenstein, which the Committee published in document CERD/C/LIE/CO/3 of 7 May 2007.

II.Summary

4.The coexistence of the native and foreign population has been peaceful for many decades, especially also because the foreign population participates equally in the economic success of the country and, like the native population, is integrated into the country’s social structures. At the same time, the promotion of integration of foreigners is a key concern of the Liechtenstein Government. Provisions to this effect are included in the Foreigners Act and the Law on the Free Movement of Persons. Integration is understood as a reciprocal process which expects mutual respect and accommodation both of the host community and of migrants, based on the principle of “demanding and promoting”.

5.The Government created the position of an Integration Officer on 1 September 2008. In December 2010, the Government adopted a comprehensive integration concept entitled “Liechtenstein – Strength through Diversity” and a plan of measures for 2011 – 2013. The concept contains five key ideas for integration policy: 1) Liechtenstein helps the potential of the local population unfold and makes use of that potential; 2) Liechtenstein values diversity and promotes it in a targeted manner; 3) Liechtenstein positions itself as an “intercultural country” that allows everyone to participate; 4) Liechtenstein is a country with which the people living there identify intensively and proudly; 5) Liechtenstein actively promotes multilingualism (see further remarks on the recommendation no. 15 under article 2 and no. 23 under article 5).

6.To combat racial discrimination, and especially right-wing extremism, numerous measures have been implemented in the time between the last and the current report. In addition to sensitization and awareness-raising events and campaigns, basic research has been conducted, statistical material prepared and expanded, and institutional improvements have been made. Several terms of imprisonment were imposed in criminal cases of racial discrimination (remarks on recommendations no. 15 and 18 under article 2 and recommendation no. 19 under article 4).

III.Non-citizens

7.In light of the recognition expressed in the Declaration of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban in 2001, that xenophobia against non-nationals, particularly migrants, refugees and asylum-seekers, constitutes one of the main sources of contemporary racism, and the call in the outcome document of the Review Conference in 2009 for States to take measures to combat xenophobic attitudes towards and negative stereotyping of non-citizens, the following remarks will present some basic information about the legal situation of non-citizens in Liechtenstein.

8.One third of the Liechtenstein resident population consists of foreigners. Of the foreign citizens living in Liechtenstein, half are from the European Economic Area (EEA), especially Austria and Germany. One third of the foreign population consists of Swiss citizens, and one fifth originates in countries outside the EEA and Switzerland. In the time between the last and the current report, the competent authorities received no reports of persons living in Liechtenstein without a valid permit. Detailed information on the composition of the population is contained in the common core document, chapter A.

9.The law governing foreigners in Liechtenstein distinguishes three groups of foreigners: 1) Swiss citizens, 2) citizens of member States of the European Economic Area (EEA), and 3) citizens of all other countries (“third countries”). This distinction arises from the international treaties concluded with Switzerland and the States of the European Economic Area, which contain reciprocal rules governing the treatment of citizens and their families and which permit limited (contingent-based) free movement of persons. No such treaties exist with other countries. The different treatment of persons from different countries is thus not discriminatory within the meaning of article 1, paragraph 1, of ICERD and is not discriminatory against any particular nationality (article 1, paragraph 3, ICERD).

10.Since the last report to the Committee on the Elimination of Racial Discrimination (CERD) in 2005, the legal foundations of the law governing foreigners have been modified: On 1 January 2009, the new Foreigners Act and the associated ordinance entered into force. This law applies to foreigners who are citizens of neither an EEA member State nor Switzerland and whose right to stay is not derived from a citizen of an EEA member State or Switzerland.

11.On 1 January 2010, the Law on the Free Movement of Persons and the associated ordinance entered into force for EEA and Swiss citizens. The law mainly implements the directive of the European Union concerning the right of EU citizens to live freely within member States. It governs entry and departure, residence, and family reunification for citizens of a member State of the European Economic Area (EEA citizens) or Switzerland and is based on the applicable treaties. Both laws contain articles governing integration; the Law on the Free Movement of Persons defines the envisaged goals, and the Foreigners Act sets out the binding requirements.

12.The principles for granting asylum and temporary protection, the legal status of refugees and persons in need of protection, and their return to security and dignity are set out in the Law of 2 April 1998 on the Admission of Asylum-Seekers and Persons in Need of Protection (Refugee Act). The law is currently under revision. Adoption of the revised law by Parliament is expected sometime in 2011. The draft law expands the protection for affected persons in several areas, e.g. with the switch from an accountability theory to a protection theory (protection also in the event of non-State persecution), the possibility of resettlement for recognized refugees, the strengthening of individual legal advice, and the strengthening of rights of appeal (expanded scope of appeals and extension of appeals deadlines).

13.The number of asylum-seekers fluctuates strongly, depending on the current crises and conflicts. Asylum-seekers are placed in appropriate housing and accompanied by the Liechtenstein Refugee Assistance. Asylum-seekers are required to maintain their own livelihood where possible and are therefore allowed to work without limitations in time. The wages earned are paid out upon conclusion of the asylum procedure, minus a deduction toward room and board. Asylum-seekers are integrated into the Liechtenstein social insurance system and receive social assistance by the States; children are integrated into the school system.

Figure 1. Number of asylum-seekers from 2003 to 2010 (2010 only through November)

Table 1. Number of asylum-seekers by country group from 2003 to 2010

Country group	2003	2004	2005	2006	2007	2008	2009	2010*
Western/Northern Europe	0	5	2	1	2	3	4	1
Eastern/Southeast Europe	72	45	16	13	6	10	19	47
Central Asia/Caucasus/Russia	26	10	15	20	8	5	30	38
Sub-Saharan Africa	0	2	13	8	6	4	230	7
North Africa/Turkey/Middle East	3	8	3	3	8	3	8	6
Asia/Oceania/Latin America	1	4	4	1	2	1	0	1
Stateless	0	0	0	1	0	0	2	0
Total	102	74	53	47	32	26	293	100

* As of November 2010.

14.The jump in asylum applications in 2009 is due to the fact that a large group of Eritrean and Somali asylum-seekers were brought to Liechtenstein, presumably by organized smugglers. An evaluation of the asylum applications showed that in most cases, the persons had previously lived in other European countries and had submitted asylum applications there. Most persons returned voluntarily to their countries of origin or to the competent States. At the time of this report, 26 persons from this group were still in Liechtenstein with pending asylum procedures. Since the last report, only 3 accompanied deportations were carried out (in 2007).

Table 2. Asylum applications, provisional admission, asylum, and admission on humanitarian grounds (as of November 2010)

National	Asylum applications	Asylum	Humanitarian admission
Algeria
Argentina		4
Armenia			8
Belarus	4
Bosnia and Herzegovina			108
Cameroon	1
China (Tibet)		19	27
Czech Republic	2	25
Egypt	2
Eritrea
France	1
Hungary	2	15
Iran	1	2
Iraq	3
Kosovo	2
Macedonia	38
Nicaragua	1
Nigeria	3
Russia	32
Serbia and Montenegro	3	1	51
Somalia	3
Uzbekistan	2
Vietnam		31	9
Total	100	97	203

15.Most of the persons present in Liechtenstein on the basis of the Refugee Act were admitted on humanitarian grounds, since there were no grounds under asylum law to grant them the right to stay.

16.Since the revision of the Citizenship Act in 2008, stateless persons have had the right to be granted national and municipal citizenship upon application, if they were born in Liechtenstein and have had normal residency in Liechtenstein for five years. This right applies until the 21st birthday and also includes underage children of the person in question. Children of unknown nationality found in Liechtenstein (foundlings) receive Liechtenstein citizenship and the citizenship of the municipality in which they were found. The revision of the law created the preconditions for ratification of the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Liechtenstein joined both of these conventions on 25 September 2009.

Table 3. Number of stateless persons in Liechtenstein between 2003 and 2009

	2003	2004	2005	2006	2007	2008	2009
Stateless	5	5	6	5	5	5	4

IV.Remarks on the implementation of individual articles of the Convention

Article 1: Scope of application

17.Liechtenstein follows the adoption or incorporation system (“monist system”). A ratified international treaty becomes part of national law on the date of entry into force without the need for special implementing legislation, and it can be directly applied to the extent the provisions of the agreement are specific enough to serve as a basis for decision-making (“self-executing”). The ICERD provisions are thus applied directly in national law.

18.There is no general non-discrimination law in the Liechtenstein legal order, but affected persons may cite specific prohibitions in the laws in force. At the same time, the Constitutional Court Act provides that numerous individual rights under treaty law may be asserted in the same way as constitutional rights by way of an individual complaint and thus enjoy material constitutional rank. In addition to the rights guaranteed under the European Convention on Human Rights (ECHR), the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Elimination of All Forms of Discrimination against Women, this applies in particular also to the rights under the International Convention on the Elimination of All Forms of Racial Discrimination. So far, however, there is only little judicial practice using this legal remedy.

19.A significant step in the implementation of measures to eliminate discrimination was the establishment of the inter-office Equal Opportunity Commission and its operational office, the Office of Equal Opportunity in 2005. The focus of the office’s activities is on combating discrimination and promoting legal and factual equal opportunity in the key areas relevant to the protection of human rights: gender equality, disability, migration and integration of foreigners, social disadvantage, and sexual orientation.

Article 2: Policy on the elimination of racial discrimination and promotion of understanding

Recommendation of CERD, No. 15: The Committee recommends…that the State party take the necessary measures to collect disaggregated statistical data that would allow for an assessment of the socio-economic status of various ethnic groups in the population. Furthermore, the Committee requests that the State party include, in its next periodic report, statistical information on the representation of the various ethnic groups in public bodies and institutions

20.On the basis of this recommendation, a research mandate was granted to the Liechtenstein Institute in 2004 to identify data deficits relating to discrimination on the basis of nationality, race, religion, culture or language. In 2007, additional mandates were granted to conduct basis research relating to “Integration of the foreign population”, “Social situation of people with disabilities” and “Homosexuals and discrimination in Liechtenstein”. With the help of these studies, weaknesses in the available data were identified, and recommendations were made on expanding systematic and regular data collection, merging existing datasets and registries, disaggregating data, and conducting additional basic research. Various improvements have already been introduced. For instance, the Wage Statistics since 2008 have provided more in-depth insight into the wage structure of Liechtenstein workers, offering internationally comparable data. In 2006, the Government commissioned an inter-office project group to introduce concrete measures to improve the data situation, in collaboration with an independent research institute. Using the European Handbook on Equality Data, the project group discussed options for establishing a national database and concluded that an annual report on the human rights situation should be published, which would build on the existing statistical surveys and ensure the collection and use of data for all participating government offices and organizations, so that – while complying with data protection law – the data could be used for a wide range of purposes. In January 2011, the first report on the human rights situation in Liechtenstein was presented. In a brief and reader-friendly form, the report presents data, information and explanations on more than 80 human rights topics.

21.There are no national minorities in Liechtenstein. The share of foreigners in the population is 33.1%. Slightly more than two thirds of all workers are foreigners (resident in Liechtenstein or cross-border commuters). The share of foreign employees in the National Public Administration is 23.8%.

22.Liechtenstein is a welfare State with a very high standard of living and a well-developed social network as well as one of the lowest shares of low-income households in Europe. There is no poverty in Liechtenstein; but despite social services provided by the State, 11% of households are de facto low-income.Most affected by low income are single parents. Social services for low-income persons (e.g. reduction of health insurance premiums, rental subsidies) are paid to all persons living in Liechtenstein, regardless of national origin. The distribution of low-income households is not compiled statistically according to criteria of origin or ethnic affiliation. The case statistics of the Office of Social Affairs show, however, that persons from third countries rely more frequently on economic social assistance and are thus probably in greater danger of poverty than other residents of Liechtenstein.

Figure 2. Origin of persons claiming assistance from the Office of Social Services (since 2001) (in percent)

23.The Office of Statistics has published Wage Statistics since 2005. The first two statistics from 2005 and 2006 show that the median wage of the foreign population was overall about 15% lower than that of the Liechtenstein population. The wage differences between Liechtensteiners and foreigners declined significantly between 2006 and 2008, however. In 2008, the median gross wage of Liechtenstein workers was only 10% higher than that of foreign workers. Especially in the services sector, there are lines of business where the situation is reversed: higher gross wages for foreigners were reported in the credit and insurance business; education; public administration; real estate, IT and corporate services; transportation and telecommunications; and other services.

Table 4. Gross monthly wages in CHF by citizenship in 2008 (median)

	Industry	Services	Overall economy
Liechtenstein workers	6,288	6,901	6,663
Foreign workers	6,062	6,126	6,067

24.At 2.3%, unemployment in Liechtenstein is very low compared with other European countries. Workers with Liechtenstein citizenship or originating from other German-speaking countries are less affected by unemployment than foreigners from other countries.

Table 5. Unemployment by national groups, 2004 (in column percentages)

Country group	Total share of unemployed	Share of resident population	Unemployment rate
Liechtenstein	44.0	65.7	1.4
Western & Northern Europe/North America	24.2	20.8	2.4
Southern Europe	10.7	6.6	3.4
Eastern/Southeast Europe	10.1	3.5	6.0
Turkey/Middle East/North Africa	7.7	2.6	6.2
Sub-Saharan Africa/Latin America/Asia/Oceania	3.3	0.7	9.2
Total	100	100	2.1

25.The Labor Market Service and Unemployment Insurance try to limit the negative impact of unemployment and achieve integration into the labor market as quickly as possible. All unemployed persons living in Liechtenstein are entitled to unemployment benefits.

Recommendation of CERD, No. 16: The Committee encourages the State party to consider the establishment of an independent national human rights institution, in accordance with the Paris Principles which would, inter alia, contribute to monitoring and evaluating progress in the implementation of the Convention

26.The position of the Liechtenstein Government regarding the establishment of a national human rights institution has not changed since the last report. The Equal Opportunity Commission and Office of Equal Opportunity were established in 2004 with the goal of improving coordination of human rights agendas and their implementation at the level of authorities. Additional synergies in this regard are to be created as part of the planned reform of the National Public Administration.

27.In addition, the Government has taken concrete measures to strengthen civil society. Since 2009, the Office for Foreign Affairs has conducted an annual human rights dialogue with all interested Liechtenstein non-governmental organizations (NGOs). The dialogue serves information exchange and ongoing education in human rights agendas, with the goal of intensifying cooperation between authorities and civil society, but also of improving networking among human rights organizations and offering a platform for joint activities. The annual dialogue meets with great interest.

Recommendation of CERD, No. 17: In light of its general recommendation 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party consider amending the Act on Facilitated Naturalization (2000) with a view to reducing the required period of residence in the naturalization procedure, and ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship. The Committee also urges the State party to take the necessary measures to ensure that outcomes of municipal popular votes in relation to the naturalization applications of non-citizens are subject to legal review and that the right to appeal against decisions is guaranteed

In light of its general recommendation 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party consider amending the Act on Facilitated Naturalization (2000) with a view to reducing the required period of residence in the naturalization procedure, and ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship. The Committee also urges the State party to take the necessary measures to ensure that outcomes of municipal popular votes in relation to the naturalization applications of non-citizens are subject to legal review and that the right to appeal against decisions is guaranteed.

28.As already reported in 2006 pursuant to Rule of Procedure 65(1), the Law on the Acquisition and Loss of Liechtenstein Citizenship (Citizenship Act) was revised. The revision entered into force on 10 December 2008. As part of the revision, the naturalization period for persons married to Liechtenstein citizens was reduced from 12 to 10 years. Moreover, provisions on the naturalization of foundlings and stateless persons were included in the law.

29.There were no changes concerning the general naturalization periods or the legal review of popular votes in the municipalities and rights of complaint in this regard. The popular votes in the municipalities are regarded by the population as a direct-democratic instrument, the result of which should not be subject to any legal review or complaint. Because of various simplified naturalization procedures (naturalization through marriage, naturalization after many years of residence), only a very small percentage of all naturalizations are decided by municipal votes. In the reporting period, a total of 1,172 naturalizations were registered. Only 26 of these were by municipal vote. In the same time period, 50 naturalization applications were denied by municipal citizens.

Table 6. Naturalizations per year, 2004-2009 (number)

	2004	2005	2006	2007	2008	2009	2010	Total
Naturalizations per year	174	159	169	211	256	103	100*	1,172*
Number of applicants naturalized by municipal vote	0	3	8	7	0	6	2	26
Number of rejected applicants	8	15	4	9	10	4	0	50

*provisional data

30.As already reported in accordance with Rule of Procedure 65(1) in 2008, the Government commissioned a sociological study on the basis of this recommendation investigating the phenomenon of right-wing extremism and its causes in Liechtenstein. In narrative interviews with members of the right-wing scene in Liechtenstein, insights regarding their views of the world, their value systems, and their life concepts were gained, and an attempt was made to understand the motivation for joining the scene. At the same time, case studies were conducted in two municipalities to develop measures and concepts for action to reduce the attractiveness of the right-wing scene at the communal level. Finally, a country comparison was compiled on the basis of an exchange among international experts in the field of right-wing extremism and right-wing extremism research, with a view to phenomenology of right-wing extremism.

31.The results of the study were evaluated by the Violence Protection Commission of the Government. Building on these results, the Government adopted a Catalogue of Measures against Right-Wing Violence (MAX) in 2010, with which concrete actions relating to sensitization and networking, counseling and continuing education, and documentation were introduced. As a start, the Violence Protection Commission of the Government launched a campaign entitled “Facing Right-Wing Violence Together” in summer 2010, in which a wide range of persons from Liechtenstein took a stand against right-wing violence. At the same time, an inter-office expert group was created to counsel persons who are confronted with the phenomenon of right-wing extremism on a professional or private basis. In February 2011, the Government presented its first monitoring report on right-wing extremism to the public, documenting incidents and measures in connection with right-wing extremism in Liechtenstein.

Recommendation of CERD, No. 18: The Committee encourages the State party to continue to monitor all tendencies which may give rise to racist and xenophobic behaviour, and recommends that it undertake a sociological study of the phenomenon of right-wing activities in order to acquire a more accurate picture of the problem and its root causes. The Committee requests the State party to report back on the results of the study, as well as measures taken and progress made

32.This information was provided to the Committee in March 2008 (CERD/C/LIE/CO/3/Add.1) and discussed by the Committee at its seventy-third session from 28 July – 15 August 2008.

Article 4: Punishability of theories of superiority, prohibition of racist organizations and participation (membership), prohibition of racial discrimination and incitement by public authorities

Recommendation of CERD, No. 19: The Committee recommends that the State party adopt specific legislation in accordance with article 4 (b) of the Convention and underlines the preventive role of such legislation

The Committee recommends that the State party adopt specific legislation in accordance with article 4 (b) of the Convention and underlines the preventive role of such legislation.

33.According to article 283(1)(7) of the Criminal Code, “Anyone who participates as a member of an association whose purpose is to promote or incite racial discrimination shall be punished with imprisonment of up to two years.” Upon introduction of the anti-racism penal provision in 2000 (in preparation for ratification of ICERD), it was argued that the provision fulfilled article 4(b) of ICERD. It is assumed that the prohibition of membership in a racist association de facto makes the establishment or existence of such an association impossible.

34.The police does not know of any such associations, but it has information concerning persons who maintain contacts with groups operating abroad. In the reporting period, various gatherings of persons with a racist and in particular right-wing extremist background were prevented or dissolved. In 2007, persons with right-wing extremist views were prohibited from running a clubhouse. Members of the association were arrested pursuant to the penal provision cited above and sentenced to suspended terms of imprisonment.

35.Unlike in other countries, there is no right-wing populist political party in Liechtenstein. According to a social scientific study commissioned by the Government and completed in 2009 (see remarks on recommendation no. 18 under article 2), there is, however, a right-wing extremist circle of about 30 to 40 persons in Liechtenstein without a recognizable leadership structure or recognizable leaders. The group is being observed carefully by policymakers, the National Police, and the Office of the Public Prosecutor. The inter-office Violence Protection Commission appointed by the Government has developed a plan of measures setting out concrete actions relating to sensitization and networking, counseling and continuing education, and documentation.

36.In March 2011, the Government presented the first monitoring report on right-wing extremism to the public. The report contains comprehensive documentation on the phenomenon of right-wing extremism in Liechtenstein, with a detailed chronology of incidents and countermeasures, background information form the media and youth meetings, and documents from the right-wing scene. The report, which was prepared by the independent Liechtenstein Institute and made available on the website of the Violence Protection Commission of the Government will appear each year starting in 2011.

37.In the reporting period, a total of 23 criminal reports with a connection to racial discrimination were filed with the police. The closure of a clubhouse mentioned above and the criminal prosecution of the members of the association in 2007, a mass brawl at a festival in 2008, and three arson attacks against a Turkish store and foreigners’ homes in 2009 and 2010 resulted in final convictions of monetary penalties and imprisonment. The rapid measures seized by justice authorities in all three cases were assessed as positive in the social scientific study (see remarks on recommendation no. 18 under 2) and classified as a “preventive repressive measure”.

Table 7. Racially discriminatory incidents, 2004 – 2010

	2010	2009	2008	2007	2004 - 2006
Criminal reports filed	6	6	3	4	4
Initiated proceedings	2	2	1	1	2
Judgments	1	1	1	1	0

Article 5: Right to equality before the law

Recommendation of CERD, No. 20: The Committee recommends that the State party review its legislation to ensure that the right to family reunification is guaranteed to every person without discrimination based on national or ethnic origin. The Committee also urges the State party to assess, by inter alia, collection of statistical data, the extent to which the financial conditions for spousal reunification may amount to indirect discrimination against minority groups who tend to suffer from socio-economic marginalization, and report back to the Committee in this regard in its next periodic report

The Committee recommends that the State party review its legislation to ensure that the right to family reunification is guaranteed to every person without discrimination based on national or ethnic origin. The Committee also urges the State party to assess, by inter alia, collection of statistical data, the extent to which the financial conditions for spousal reunification may amount to indirect discrimination against minority groups who tend to suffer from socio-economic marginalization, and report back to the Committee in this regard in its next periodic report

38.The legal rules governing family reunification have changed since the last report. For Swiss and EEA citizens and their family members, family reunification is governed by the 2009 Law on the Free Movement of Persons; for all other citizens and their family members, it is governed by the 2008 Foreigners Act (and the associated ordinances). The foundation for the more liberal rules for Swiss and EEA citizens compared with citizens of third countries was laid with the 1921 Customs Treaty between Liechtenstein and Switzerland and the 1992 EEA Agreement. The differing treatment of foreigners thus does not constitute discrimination within the meaning of articles 1 and 3 of ICERD.

39.In the case of Swiss and EEA citizens, the following are considered family members: the spouse, the relatives of the person entitled to stay, and the relatives of the spouse in a straight descending line. This includes children under the age of 21, including foster children or where dependence can be proven. Finally, the relatives of the person entitled to stay and his/her spouse in a straight ascending line, if dependence is proven. After 5 years of uninterrupted stay as family members, the persons in question receive their own permanent stay or settlement permit. If the person bringing family members to Liechtenstein dies before the expiry of 5 years, the family members likewise receive permanent stay or settlement permits under certain conditions.

40.In this case of citizens from other states (third countries), the following are considered family members: the spouse and joint unmarried children under the age of 18, including adoptive children and foster children. While the children receive their own stay permit upon reaching the age of majority, the spouse retains his or her status as a family member. Upon dissolution of the marriage, the stay permit of the spouse may be extended if the marriage lasted more than five years and integration has been successful. Additionally, there is a provision governing hardship cases.

41.For Swiss and EEA citizens to qualify for family reunification, the following preconditions must be met: family relationship, official certification of care or dependence relationship, copies of travel documents of the family members in question, appropriate housing, and in certain cases (if the applicant is a student, recipient of benefits, or non-working person) sufficient financial resources for the maintenance of all family members. Additionally, it must be shown that all family members have sufficient heath insurance coverage for all risks in Liechtenstein.

42.For third-county citizens to qualify for family reunification, the following preconditions must be met: The applicant must have a valid stay or settlement permit, both spouses must be of full age under Liechtenstein law, the spouse living abroad must have basic knowledge of German (exception: if the applicant received a stay permit for the purpose of employment and the family members accompany the applicant when entering the country), the applicant must have appropriate housing, the person bringing family members into the country must demonstrate that he or she has a fixed employment relationship that secures his or her own and the family members’ livelihood or that he or she has sufficient financial resources to maintain himself or herself and the family members. After entry and registration, the applicant must – in addition to proof of comprehensive health insurance covering all risks in Liechtenstein – supply proof of registration of the family members at the residents’ registration office at the place of residence and proof of enrollment of children required to attend school.

43.Furthermore, the right to family reunification may be asserted only within certain time periods, which depend on the grounds for the applicant’s stay in Liechtenstein: If the applicant was granted a stay permit for employment, family reunification must occur at the latest within three years from receipt of the permit or marriage. If the applicant was granted a stay permit on the basis of family reunification, the (new) family reunification must occur at the latest after a proper and uninterrupted stay of four years after receipt of the permit. After expiry of this deadline, the application for family reunification must be submitted at the latest within three years of marriage or, if marriage occurred during the four-year time period, within three years of expiry of that time period.

44.For persons in an actual and intact domestic relationship (“de facto domestic partnership”), improvements have been made in recent years with respect to reunification with the partner. For instance, Liechtenstein citizens and resident Swiss and EEA citizens are able, under certain circumstances, to bring their foreign partner to Liechtenstein. This also applies to same-sex couples. Reunification with children from earlier marriages or “de facto domestic partnerships” is not possible.

45.Between 2001 and 2010, an average of about 370 persons came to Liechtenstein each year by way of family reunification. During the same time period, an average of 135 persons came to Liechtenstein each year to commence employment.

Table 8. Persons entering the State on the basis of family reunification or employment

	2001	2002	2003	2004	2005	2006	2007	2008	2009	2010
Family reunification	479	407	421	341	340	330	343	333	352	381
Commencement of employment	267	154	182	145	121	88	92	116	98	96

46.By August 2009, a total of 7,194 persons had become residents of Liechtenstein through family reunification. Of these, 1,423 persons (20%) were from Switzerland, 2,489 (34.5%) from the EEA, and 1,370 (19%) from other countries (“third countries”). 1,912 persons (26.5%) did not immigrate to Liechtenstein, but were already present in Liechtenstein (e.g. from birth). Overall, family members constitute the greatest share of immigration to Liechtenstein.

47.In the period from 1 January 2006 to 31 December 2010, only two applications for family reunification were rejected. These cases involved male applicants who were Croatian and Macedonian nationals, respectively. In both cases, the rejection was due to failure to meet deadlines. Indirect discrimination on the basis of gender or financial situation can be ruled out.

48.Pursuant to a parliamentary interpellation on immigration and admission policy, the Government is currently reviewing a withdrawal of reservations relating to the right to family life – namely the reservations to article 8 of ECHR, article 17, paragraph 1 of ICCPR, and article 10, paragraph 1 of the Convention on the Rights of the Child.

Recommendation of CERD, No. 21: In addition to the intensive language classes to support the learning of the German language by migrant children and their parents, the Committee recommends that the State party consider the adoption of additional measures to address the particular learning disadvantage faced by these children, by, inter alia, ensuring that child support and other social services take into consideration the particular needs of parents of foreign origin, and training of teachers in culturally sensitive teaching methods

In addition to the intensive language classes to support the learning of the German language by migrant children and their parents, the Committee recommends that the State party consider the adoption of additional measures to address the particular learning disadvantage faced by these children, by, inter alia, ensuring that child support and other social services take into consideration the particular needs of parents of foreign origin, and training of teachers in culturally sensitive teaching methods.

49.In addition to the intensive language courses for migrant children mentioned in the recommendation, special scholastic measures for children and young people whose native language is not German have been carried out already since 2001. These include the “German as a Second Language” course, which is offered decentrally in all kindergartens and school levels. “German as a Second Language” promotes and accompanies the acquisition of language according to individual and social-integrative criteria. Instruction in very small groups focuses on the special demands of acquisition of a second language and also takes account of transcultural aspects.

50.In recent years, the Government has taken various measures to promote the equal opportunity and scholastic integration of all children living in Liechtenstein. The most important measures have been the creation of day schools and the introduction of supervised day structures for school children as well as the expansion of daycare options for small children.

51.The day schools offer an all-day scholastic structure consisting of classroom instruction, supervised lunch table, homework assistance, and professionally supervised recreational options. Since 2010/2011, two pilot projects for day schools have been running in Liechtenstein, which are available to children from the entire country. In 2012/2013, Parliament is expected to decide whether the two pilot projects will be made a regular part of the school curriculum. Thanks to the all-day structure of flowing transitions between instruction and supervision in mixed-age groups, especially children with a migrant background are able to benefit from continuous, qualitatively and quantitatively rich language input. The motto of the day school is: “I know who I am, where I come from, and I can navigate a globalized world.” This motto shows that the teachers and daycare supervisors are expected to teach and supervise with the necessary intercultural competence and sensitivity at the day schools.

52.Additionally, the traditional schools in the municipalities are being supplemented with day structures, which offer pedagogical and professional care and supervision for kindergarten and school children also outside the regular school schedules. These structures, which are offered by the private Daycare Association with State co-funding, are very popular in all municipalities. The fees charged for kindergarten and school children have been reduced, so that the parent contribution for kindergarten and school children is 40% lower than the fee for babies and preschoolers. Also available on a flexible basis are early morning daycare, lunch daycare, and half-day daycare after school is out. Since 2007, a language promotion project has been underway in various daycare centers entitled “your – mine = our language”. In the medium term, this project is intended to be offered throughout the country.

53.Finally, the fundable daycare system is steadily being expanded. While there were only 58 daycare spots in Liechtenstein in 2000, the capacity of daycare centers grew to 117 in 2003, 140 in 2005, and now 143 spots. Daycare in Liechtenstein is characterized by good, high-quality offerings.

54.The Association for Intercultural Education, which was founded in 2001 and is supported financially by the Government, is a non-partisan, non-denominational, charitable educational establishment for people from different countries and cultures living in Liechtenstein (www.vib.li). From 2007 to 2009, it offered a German language course for mothers and children, in which mothers learned German together with their children. Since 2010, the course has been offered as a language course for mothers with separate childcare.

55.In the field of career counseling, the motto “All Careers for Everyone” is an integral component of information provided at parent and student orientation sessions, introductions to the Career Information Center, and seminars offered to high school graduates choosing their career or studies.

Article 7: Measures in the fields of teaching, education, culture and information, with a view to combating prejudices and racial discrimination and promoting understanding and friendship, propagating the Universal Declaration of Human Rights and the Convention

Recommendation of CERD, No. 23: The Committee recommends to the State party that it continue to take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, in particular in respect of articles 2 to 7 of the Convention, and that it include in its next periodic report information on further action plans or other measures taken to implement the Durban Declaration and Programme of Action at the national level

The Committee recommends to the State party that it continue to take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, in particular in respect of articles 2 to 7 of the Convention, and that it include in its next periodic report information on further action plans or other measures taken to implement the Durban Declaration and Programme of Action at the national level.

56.The national Working Group against Racism, Anti-Semitism, and Xenophobia (WG R), which existed from 2002 to 2007, prepared a National Action Plan to implement the Durban Declaration and Programme of Action. As part of the Action Plan, various measures were implemented especially to raise awareness and to promote the integration of foreigners.

57.The mandate of the WG R was transferred to a State authority in 2007, namely the Office of Equal Opportunity. Upon transferring its mandate to that office, the WG R identified two areas with a long-term needs for action: (a) the ongoing collection of disaggregated data to determine possible discrimination within the meaning of article 1 of ICERD (see remarks under article 2); and (b) a comprehensive strategy for the integration of foreigners in Liechtenstein. At the conclusion of its activities, the WG R published a study in August 2007 entitled “Integration of the Foreign Population in Liechtenstein. Status report on facts, causes, measures and recommendation integration policy actions (Integration Report)”.

58.In cooperation with the Platform for Foreigners' Associations, the Office of Equal Opportunity realized a press campaign in 2007 with the goal of reducing prejudice toward foreigners. At a conference organized by the Office of Equal Opportunity in November 2007, the topic of diversity management was discussed publically for the first time in Liechtenstein. A brochure was published for the conference. The brochure presented implementation steps, explained the legal foundations, referred to contact and counseling offices, and cited examples of best practice. Further measures, such as the Equal Opportunity Prizes awarded in recent years to honor projects with intercultural and integrating objectives, intercultural events in the municipalities and schools, and presentation of the "Intercultural Library" contribute to awareness-raising.

59.In 2008 and 2009, integration of the foreign population was for the first time specified concretely as a goal and incorporated into law as part of the revision of citizenship law, the Foreigners Act, and the Law on the Free Movement of Persons; “Integration is not understood as the exclusive adjustment of minorities to the large majority (assimilation), but rather as a mutual and reciprocal process in terms of ‘Promoting and Demanding’, in which the existing differences are recognized and utilized as a clear enrichment of society.”

60.In the course of this legislative revision, the position of an Integration Officer was created within the Immigration and Passport Office on 1 September 2008. The core responsibilities of the Integration Officer include sensitization and advice, the conclusion and implementation of individual integration agreements, and the networking of all affected actors. The Integration Office also chairs the Commission on Integration Issues, which was created in 2009. The commission develops strategies and approaches to promote integration. It advises the Government and can prepare recommendations for the Government.

61.All persons living in Liechtenstein are treated equally in terms of their rights and duties, irrespective of their origin, language, culture or religion. Public schools, social and economic benefits provided by the State, and State benefits in healthcare are equally available to all persons living in Liechtenstein. Exempt from this rule are the exercise of political rights, which are linked to Liechtenstein citizenship and Liechtenstein residency. Also Liechtenstein citizens living abroad are excluded from these political rights.

62.While the “promoting” elements are specified in the integration concept (see below), individual integration agreements require migrants to learn the language and acquire knowledge regarding the structure and functioning of the State. Knowledge in these areas are the condition for receiving stay permits, settlement permits, and citizenship.

63.In March 2011, the Government presented the integration concept entitled “Strength through Diversity” and the affiliated plan of measures to the public. The concept notes that Liechtenstein has developed into an immigration country since 1960 and that, as a country and business location, it currently relies and in future will rely on migration. All people living in Liechtenstein should be able to participate in the economic, social and cultural life of society. This provides the background for the main ideas of the concept, which are dedicated to the goal of utilizing the potential of migration, promoting cultural and also linguistic diversity, and shaping the development of the country through shared identification and shared responsibility for the long term.

64.Immediately upon publication of the concept, the public was informed about the core topics of the concept by way of a campaign and a lecture series. In June 2011, the first integration conference took place with the participation of the Government, government offices, foreigners’ associations, and other non-governmental organizations and interested members of civil society. Finally, an interactive online platform on the topic of integration was created: www.integration.li.

65.The integration concept and the plan of measures constitute a framework for the diverse measures for the integration and participation of the foreign population, many of which have existed for years. For instance, the Government – e.g. via the Office of Social Affairs and the Immigration and Passport Office – supports various associations in the realization of projects, e.g. in the fields of health promotion (e.g. nutrition counseling for migrant women), social integration (“integra” project of the Information and Contact Center for Women) and professional continuing education.

66.As an example, the Government provides financial support via the Immigration and Passport Office to the Association for Intercultural Education. To promote integration, the association organizes German-language classes, continuing education seminars and workshops, and cultural exchange events between the native and foreign population. The Association for Intercultural Education has also run the intercultural Women’s Café since 2006, and the intercultural Regulars’ Table in cooperation with the Umbrella Organization of the Foreigners’ Associations since 2011. In these regular, interesting, lively, and educational meetings, the coexistence of people from different cultures is promoted. Finally, the Government offers a financial contribution (vouchers) toward attendance of German-language courses for migrants offered by the association and required by the individual integration agreements.

67.The Working Group on the Promotion of the Integration of Muslims was appointed by the Government in 2004 to institutionalize the dialogue between members of Muslim communities and the Christian population and thus to create a climate of mutual tolerance and respect. The working group is composed of representatives of the authorities and of the Muslim communities and discusses issues such as financial support for Muslim communities by the State, places of worship and cemeteries for Muslims, the formation of an umbrella organization for the Muslim communities in Liechtenstein, and other matters concerning the Muslim population specifically. A full-time imam works in Liechtenstein, and a further imam receives a time-limited stay permit during Ramadan. Since 2007, religion has been taught as a subject in German at primary schools.

68.The business community also takes part in integration measures. Several companies benefitting from the employment of migrants have offered permanent internal language courses since 2011 that are tailored to the workplace. These courses allow employees to meet the requirements of the integration agreements (see above).

69.On the occasion of the 60th anniversary of adoption of the Universal Declaration of Human Rights, numerous activities in the field of human rights were organized from August to December 2008. In addition to extensive coverage in newspapers and magazines, continuing education offerings and cultural events were organized. At all events, the central importance of human rights was emphasized, and the target audience was sensitized accordingly. The program for the anniversary years included an adult education course on “The Philosophy of Human Rights”, and a lecture by the Liechtenstein Institute entitled “Human Rights and Human Obligations – 60 Years after the UN Declaration of Human Rights”. Additionally, courses were offered for employees and apprentices of the National Public Administration. Finally, especially continuing schools took the anniversary year as an opportunity to deal in depth with the topic of human rights. Articles with a focus of human rights appeared on the occasion of the anniversary in both national newspapers, the magazine Blickwechsel of the Liechtenstein Development Service (LED), the youth magazine flash, the staff magazine of the National Public Administration FLIP, and the school newspaper Schule heute. In addition to the continuing education offerings and the information published in newspapers and magazines, various cultural events were also organized. In December 2008, the Filmclub Takino ran a film series on the topic of human rights. Finally, on 9 December 2008, the day before Human Rights Day, the anniversary year was concluded with a festival under the motto “You’re Right – Human Rights for Everyone”.

70.Since 2009, the Office for Foreign Affairs has conducted an annual human rights dialogue with non-governmental organizations, to which all representatives of the foreigners’ organizations are also invited.

Recommendation of CERD, No. 22: The Committee recommends that the report of the State party be made readily available to the public at the time of their submission, and that the observations of the Committee with respect to these reports be similarly publicized

The Committee recommends that the reports of the State party be made readily available to the public at the time of their submission, and that the observations of the Committee with respect to these reports be similarly publicized.

71.The reports and observations of the Committee are brought to the attention of the public as soon as they appear, and are published in German and English on the website of the Office for Foreign Affairs (www.aaa.llv.li/menschenrechte).

Recommendation of CERD, No. 24: The Committee invites the State party to submit its core document in accordance with the requirements of the Common Core Document in the Harmonised Guidelines on Reporting, recently approved by the international human rights treaty-bodies (HRI/MC/2006/3 and Corr.1).

The Committee invites the State party to submit its core document in accordance with the requirements of the Common Core Document in the Harmonised Guidelines on Reporting, recently approved by the international human rights treaty-bodies (HRI/MC/2006/3 and Corr.1).

72.In 2011, Liechtenstein will submit its first common core document in line with the mentioned guidelines.

Annexes

Annex I

Legal provisions on the integration of foreigners

The following provisions are contained in the Law on Foreigners of 17 September 2008 (LGBl. 2008 No. 311). They are largely identical with the provisions in the Law on the Free Movement of Persons.

Article 6 Integration

1) The goal of integration is the coexistence of the Liechtenstein and foreign population on the basis of the values of the Constitution and mutual respect and tolerance.

2) Integration is intended to allow foreign persons who are lawfully in the country for the long term to participate in the economic, social and cultural life of society.

3) Integration requires both the appropriate will and effort of the foreign person to integrate into society as well as the openness of the Liechtenstein population.

4) Foreigners are required to get to know the social circumstances and living conditions in Liechtenstein and in particular to learn spoken and written German.

Article 40 Promotion of integration

1) The authorities of the State and the municipality, the social partners, and the foreigners’ and non-governmental organizations shall in the exercise of their responsibilities take account of the concerns of integration. They shall work together in this regard.

2) The State and the municipalities shall create favorable framework conditions for the equal opportunity and participation of the foreign population in economic, social and cultural life.

3) They shall in particular promote the acquisition of language, professional advancement, health, de facto equality of women and men, and efforts to facilitate the mutual understanding and coexistence of the Liechtenstein and foreign population.

4) They shall take account of the special concerns relating to the integration of women, children, and young people.

5) Employers shall support the acquisition of language, especially attendance of language courses, within the scope of their possibilities.

Article 41Integration agreement

1) Upon granting or extending a stay permit, the Immigration and Passport Office shall conclude an integration agreement with foreigners in German. This also applies to the grant of permits within the context of family reunification (articles 32 to 39).

2) The purpose of the integration agreement is acquisition of knowledge of the German language and basic knowledge of the legal order and State structure of Liechtenstein.

3) Spouses granted a stay permit within the context of family reunification should learn spoken and written German within two years.

4) The integration agreement may include an obligation to attend language and civic education courses. If the foreigner already demonstrates appropriate language skills, these shall be taken into account.

5) The Government shall provide further details by ordinance.

Article 42 Exemptions

1) The following shall be exempt from conclusion of an integration agreement:

a) Persons admitted to stay for the purpose of employment who declare in writing that they will reside in Liechtenstein for at most three years;

b)children until the end of compulsory education; or

c) persons who cannot be expected to fulfill an integration agreement due to their advanced age or their health.

2) An integration agreement may be concluded with persons referred to in paragraph 1(b) after the end of compulsory education if the envisaged knowledge of German has not yet been acquired.

Article 43 Financial contributions

1) The country shall grant financial contributions for the integration of foreigners.

2) The Immigration and Passport Office shall make financial contributions to support in particular projects that serve to acquire the German language as well as basic knowledge of the legal order and State structure of Liechtenstein.

3) The Government shall provide further details by ordinance.

Article 44 Information

1) The State and municipalities shall inform foreigners appropriately about the living and working conditions and about the existing offerings to promote integration in Liechtenstein.

2) The Office of Equal Opportunity shall advise authorities and private persons on questions of integration.

Article 45 Coordination of integration

1) The Government shall promote coordination and information on questions of integration across government offices.

2) The Office of Equal Opportunity shall coordinate integration measures.

Article 46 Commission on Integration Issues

1) The Government shall appoint an advisory Commission on Integration Issues, which shall deal with questions relating to the stay of foreigners in Liechtenstein.

2) The Commission shall be composed of foreigners and Liechtenstein citizens.

3) The Commission may issue recommendations for the attention of the Government.

4) The Government shall provide further details by ordinance, especially concerning composition of the Commission.

Annex II

Further enactments

All Liechtenstein laws and ordinances are available on the website www.gesetze.li (only in German).

Constitution of the Principality of Liechtenstein of 5 October 1921, LGBl. 1921 No. 15.

General Civil Code of 1 June 1811, published pursuant to the Law of 5 October 1967 on Reorganization of the Legal Provisions enacted prior to 1 January 1863, LGBl. 1967 No. 34.

Law of 27 November 2003 on the Constitutional Court (StGHG), LGBl. 2004 No. 32.

Law of 2 April 1998 on the Admission of Asylum-Seekers and Persons in Need of Protection (Refugee Act).

Law of 17 September 2008 on Foreigners (Foreigners Act, AuG), LGBl. 2008 No. 311.

Ordinance of 16 December 2008 on the Admission and Stay of Foreigners (ZAV), LGBl. 2008 No. 350.

Law of 20 November 2009 on the Free Movement of EEA and Swiss Citizens (Law on the Free Movement of Persons; PFZG), LGBl. 2009 No. 348.

Ordinance of 15 December 2009 on the Free Movement of EEA and Swiss Citizens (Ordinance on the Free Movement of Persons; PFZV), LGBl. 2009 No. 350.

Law of 4 January 1934 on the Acquisition and Loss of Liechtenstein Citizenship (Citizenship Act, BüG), LGBl. 1960 No. 23.

Criminal Code (StGB) of 24 June 1987, LGBl. 1988 No. 37.

Code of Criminal Procedure (StPO) of 18 October 1988, LGBl. 1988 No. 62.