Committee on the Elimination of Racial Discrimination

Combined ninth and tenth periodic reports submitted by Lithuania under article 9 of the Convention, due in 2018*

[Date received: 8 February 2018]

Abbreviations

PGProsecutor General

OEOOOffice of the Equal Opportunities Ombudsperson

NCANational Courts Administration

MoSSLMinistry of Social Security and Labour

SOOSeimas Ombudsmen’s Office

MoSEMinistry of Science and Education

MoJMinistry of Justice

NMDNational Minorities Department under the Government of the Republic of Lithuania

MIMinistry of Interior

OIJEOffice of the Inspector of Journalist Ethics

CCCriminal Code of the Republic of Lithuania

CCPCode of Criminal Procedure of the Republic of Lithuania

CommitteeUN Committee on the Elimination of Racial Discrimination

ConventionConvention on the Elimination of All Forms of Racial Discrimination

MSLminimum subsistence level

NGOnon-governmental organisation

RCRReception Centre for Refugees

TAHCLETraining against Hate Crimes for Law Enforcement

Council Council of National Communities

FRCForeigners’ Registration Centre

Contents

Page

Abbreviations2

I.Introduction4

II.Information on the implementation of Recommendations of the Committee4

III.Information under articles of the Convention30

Article 230

Article 331

Article 431

Article 531

Article 632

Article 734

I.Introduction

1.The Government of the Republic of Lithuania hereby submits the combined ninth and tenth periodic report under Article 9 of the International Convention on the Elimination of all Forms of Racial Discrimination (hereinafter referred to as the Convention). The report provides an overview of the progress made by the Republic of Lithuania as regards the implementation of the provisions of the Convention, following the sixth, seventh and eighth periodic report of Lithuania.

2.The report has been drawn up in accordance with the guidelines and general recommendations regarding the preparation of the reports, approved by the United Nations Committee on the Elimination of Racial Discrimination (hereinafter referred to as the Committee). During the preparation of the report, due regard has been paid to the Committee’s concluding observations on Lithuania’s sixth, seventh and eighth periodic reports, approved by the Committee at its 88th session on 7-8 December of 2015 (CERD/C/LTU/CO/6-8). During the preparation of the report, due regard has also been paid to Lithuania’s report on the implementation of the recommendations provided in paragraph 39 of the concluding observations. The Committee’s Note Verbale (CERD/92nd/FU/GH/HH/ks) asking for additional information was examined and due regard has been paid to additional questions.

II.Information on the implementation of Recommendations of the Committee

3.The report refers to information in relation to Committee’s recommendations provided in the Committee’s concluding observations on Lithuania’s sixth, seventh and eighth periodic report (CERD/C/LTU/CO/6-8). When responding to recommendations provided in paragraphs 7, 27, 31 and 36 of the Committee’s concluding observations, due regard was taken of the Committee’s Note Verbale (CERD/92nd/FU/GH/HH/ks) requesting additional information on the implementation of the recommendations.

The Committee recommends that the State incorporate all grounds for discrimination in to the definition of racial discrimination contained in its legislation, in compliance with article 1 of the Convention.

4.The Law on Equal Treatment of the Republic of Lithuania is the main legal act which prohibits direct or indirect discrimination on the grounds of gender, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin and religion. The implementation of legislation establishing the principle of non-discrimination and equal treatment is ensured by the Non-discrimination Promotion Action Plan for 2017–2019 coordinated by the Ministry of Social Security and Labour of the Republic of Lithuania. This plan contains 21 measure aimed at reducing discrimination, improving legal regulation in order to ensure equal treatment on the basis of framework established by the Law on Equal Treatment as well as aimed at promoting non-discrimination and tolerance. These measures are financed by funds from the State budget and European Union support funds. Measures included in the plan will be implemented by the Ministry of Social Security and Labour, Ministry of Science and Education, Office of the Equal Opportunities Ombudsperson, National Minorities Department under the Government of the Republic of Lithuania, Ministry of Foreign Affairs, Ministry of Justice, Police Department under the Ministry of Interior.

5.Articles 169, 170, 1701 of the Criminal Code of the Republic of Lithuania (hereinafter referred to as the CC) criminalise discrimination on grounds of nationality, race, sex, origin, religion or belonging to other groups. In addition, the above-mentioned articles provide for liability for incitement against any national, racial, ethnic, religious or other group of persons as well as creation and activities of the groups or organisations aiming at discriminating a group of persons or inciting against it. It should be noted that all the above-mentioned articles of the CC specify the same grounds of discrimination, expressing contempt for, incitement to violence or incitement to hatred — age, sex, sexual orientation, disability, race, nationality, language, origin (of whatever nature — social, national or ethnic, etc.), social status, belief, convictions and views.

6.It should be noted that there are no legal gaps in Articles 169–1701 of the CC. Articles 169–1701 of the CC and grounds of discrimination, expressing contempt for, incitement to violence or incitement to hatred contained therein are absolutely compatible with the grounds/distinctive features of racial discrimination contained in Article 1 (1) of the Convention on the Elimination of all Forms of Racial Discrimination (hereinafter referred to as the Convention). Some of grounds of racial discrimination specified in the Convention are directly provided for in the text of Articles 169–1701 of the CC, for example ‘race’, while other distinctive features/grounds of racial discrimination are directly covered by other broader grounds/distinctive features of discrimination, expressing contempt for, incitement to violence or incitement to hatred contained in Articles 169–1701 of the CC. Thus the distinctive feature of ‘colour’ specified in the Convention is covered by the distinctive feature of ‘race’ specified in Articles 169–1701 of the CC; the distinctive feature of ‘national or ethnic origin’ specified in the Convention is covered by the distinctive feature of ‘origin’ specified in Articles 169–1701 of the CC (which in turn covers person’s origin of whatever nature — social, national, ethnic, etc.); moreover, the distinctive feature of ‘nationality’ as an independent ground of discrimination, expressing contempt for, incitement to violence or incitement to hatred is additionally separately specified in Articles 169–1701 of the CC and the distinctive feature of ‘descent’ specified in the Convention is covered by the distinctive feature of ‘nationality’ specified in Articles 169–1701 of the CC (in addition the distinctive feature of ‘descent’ to a certain extent is covered by the distinctive features of ‘origin’ and ‘language’ specified in Articles 169–1701 of the CC). Thus, it should be stated that the requirements of Article 1 of the Convention are properly implemented by Articles 169–1701 of the CC.

The Committee welcomes information provided by the State party that the draft Law of National Minorities is ready for adoption and requests further updated information on if the law has been adopted, when it will enter into force, and efforts which will be under taken for its implementation.

7.The draft Law on National Minorities No. XIP-1648 was not adopted.

8.The Government directed the Ministry of Culture and the National Minorities Department under the Government of the Republic of Lithuania (hereinafter referred to as the NMD) to prepare a new draft law.

The Committee recommends that the State party make efforts to obtain available recent, reliable and comprehensive data on economic and social indicators based on nationality and ethnicity, in order to ensure better assessments of the extent of the enjoyment of economic, social and cultural rights by ethnic and national minorities and migrants and of the concrete results of the application of the State ’ s anti-discrimination legislation and relevant plans, programmes and strategies.

9.On the basis of the data of the Population and Housing Census the Department of Statistics (Statistics Lithuania) prepares statistical information on Lithuania’s permanent residents by nationality. The sixth, seventh and eighth periodic report of Lithuania contained data on residents by nationality on the basis of 2011 Population and Housing Census.

10.On the basis of the data of the Lithuanian Population Register an assessment is performed each year to determine the number of permanent residents by nationality. The Department of Statistics of Lithuania presents statistical information on permanent residents by nationality for the period of 2014–2016 (refer to Annex I).

The Committee recommends that the State party establish an independent national human rights institution with a broad mandate and provide it with adequate financial and human resources, in full compliance with the Paris Principles. The Committee encourages the State party to seek the support and advice of the Office of the United Nations High Commissioner for Human Rights in that process.

11.The Seimas Ombudsmen’s Office (hereinafter referred to as SOO) is accredited as A level national human rights institution by the United Nations. Decision on the accreditation was taken during the session of Accreditation subcommittee of the Global Alliance for National Human Rights Institutions that took place on 13–17 March 2017.

12.On 1 January 2018, amendments to the Law on the Seimas Ombudsmen came into force, providing new functions for the Seimas Ombudsmen, among which are the dissemination and monitoring of human rights in the country. The new functions include presenting the assessment of the human rights situation in Lithuania to international organisations and providing them with information regarding the obligations established in the international treaties of the Republic of Lithuania.

The Committee recommends that the State party provide the Equal Opportunities Ombudsman and the Department of National Minorities with sufficient resources to enable them to fully and properly implement their mandates.

13.In line with the Resolution No. 1300 of the Government of the Republic of Lithuania, on 1 July 2015 the re-established National Minorities Department under the Government of the Republic of Lithuania (hereinafter referred to as the NMD) started its operation as an institution responsible for the implementation of national minorities policy. The administration of the NMD comprises of the National Communities Liaison Unit, the National Minorities Policy Analysis and Information Unit and the Administration Unit. The Department consists of 14 employees in total.

14.The NMD is financed from the State budget of the Republic of Lithuania.

15.The Office of the Equal Opportunities Ombudsperson (hereinafter referred to as the OEOO) is also financed from the State budget. In order to ensure the implementation of functions of the OEOO, in 2017 EUR 390 302 were allocated from the State budget; in 2018 the allocations will be increased to EUR 397 000.

16.It should be noted that the OEOO is engaged in preventive and educational activities and promotion of equal opportunities that includes the promotion of equal treatment irrespective of race, nationality, citizenship. However, the implementation of these activities is financed from the EU structural funds and other sources and by State budged.

In the light of its general recommendations No. 7 (1985) and No. 15 (1993) relating to the implementation of article 4 of the Convention and No. 30 (2004) on discrimination against non-citizens, and recalling its general recommendation No. 35 (2013) on combating racist hate speech, the Committee reminds the State party of the importance of safeguarding the rights of groups in need of protection against racist hate speech and incitement to hatred and recommends that the State party take appropriate measures to:

(a) Strongly condemn and distance itself from racist hate speech and discriminatory statements emanating from certain politicians and media, including those published on the Internet, and call upon politicians and media professionals to ensure that their public statements do not contribute to fuelling intolerance, stigmatization and incitement to hatred ;

17.Hate speech and incitement to hatred are criminalized by Article 170 (2) and (3) and Article 1701 of the CC. Article 170 (2) of the CC establishes criminal liability for a person who publicly mocks, expresses contempt for, urges hatred of or incites discrimination against a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views. Article 170 (3) of the CC establishes criminal liability for a person who publicly incites violence or a physical violent treatment of a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views or finances or otherwise supports such activities. Article 1701 of the CC establishes criminal liability for a person who creates a group of accomplices or an organised group or organisation aiming at discriminating a group of persons on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views or inciting against it or participates in the activities of such a group or organisation or finances or otherwise supports such a group or organisation.

(b) Ensure that all reported cases of hate speech are registered and investigated effectively under the Criminal Code, and that the persons responsible are prosecuted, where appropriate, and, if found guilty, punished with adequate penalties ;

(c) Continue to collect and make available statistics on the hate speech cases that have been reported, the number of cases brought to court and the outcome of these cases ;

18.Due to insufficient functionality of the Prosecutor’s Office Information System (hereinafter referred to as the POIS) and the Integrated Criminal Procedure System (hereinafter referred to as the ICPS) we have no possibility to list cases when pre-trial investigations were initiated and conducted on the basis of the above-mentioned articles of the CC concerning hate speech and incitement to hatred emanating from politicians or media. The above-mentioned systems allow to generate data only by the articles of the CC, thus we can provide general statistical data by the articles of the CC in relation to the above-mentioned offences. It should be emphasized that one pre-trial investigation often involves the investigation of several criminal offences qualified according to different articles of the CC. However, the POIS is unable to generate data on the number of criminal offences investigated because only data concerning ongoing and finalised pre-trial investigations is collected. Thus, the statistical data presented is related only to pre-trial investigations and not to the number of offences.

19.During the period of 1 January 2014 to 30 September 2017 194 pre-trial investigations were initiated on the basis of Article 170 (2) of the CC, 94 pre-trial investigations were initiated on the basis of Article 170 (3) of the CC and 35 pre-trial investigations were initiated on the basis of Articles 170 (2) and 170 (3) of the CC.

20.43 pre-trial investigations conducted on the basis of Article 170 (2) and (3) of the CC were finalised by referring the criminal case to the court, 97 were discontinued (of which 63 were discontinued in the absence of elements of criminal offence (paragraph 1 of Article 212, Article (3)(1)(1) of the Code of Criminal Procedure of the Republic of Lithuania (hereinafter referred to as the CCP), 2 were discontinued due to the lack of evidence of guilt (paragraph 2 of Article 212 of the CCP), 23 were discontinued when the suspect was released from criminal liability on bail (paragraph 6 of Article 212 of the CCP and Article 40 of the CC), 76 pre-trial investigations were suspended because all possible means to identify the criminal offender were exhausted and the offender was not identified (Article 31 of the CCP). 70 persons were convicted of the above-mentioned criminal offences. None of the criminal cases referred to court were closed. Decisions concerning only 5 out of the total of criminal cases for which a decision to stop a pre-trial investigation was taken were appealed. Following the examination of such appeals, in all cases senior prosecutors ruled to dismiss appeals as unfounded and maintain in force the decisions to stop a pre-trial investigation taken by prosecutors. POIS and ICPS data indicates that the courts received no appeals in relation to the above-mentioned rulings.

21.Once the identity of an alleged criminal offender is established, a pre-trial investigation on this category of offences is usually rather swift and effective: such pre-trial investigations are completed and the cases are usually handed over to courts under the simplified procedure (the prosecutor’s statement is issued on the completion of the proceedings by a judicial penalty order in line with Article 418 of the CCP). POIS data indicates that even 35 out of total 43 pre-trial investigations conducted on the basis of Article 170 (2) and (3) of the CC and handed over to courts were completed by the prosecutor’s statement on the completion of the proceedings by a judicial penalty order. The applicable legal framework specifies that judicial penalty order may impose only penalties that are less severe than fixed-term custodial sentence or a life custodial sentence. Thus, during the period form 1 January 2014 to 30 September 2017 in the majority of cases a fine ranging between 2 and 100 minimum subsistence level indicators (hereinafter referred to as MSL) was imposed on persons convicted for criminal offences specified in Article 2 (2) and (3) of the CC (in 46 out of 57 criminal cases decided by the courts during the period from 1 January 2014 to 30 September 2017). Persons were imposed a sentence of imprisonment in 9 criminal cases and arrest was imposed in 2 criminal cases. In respect of two cases out of 23 pre-trial investigations conducted on the basis of Article 170 (2) and (3) of the CC and discontinued, when the suspect is released from criminal liability on bail, punitive measures (contribution amounting to 5 MSL to the Fund for Crime Victims) were applied to a criminal offender and in respect of one case punitive measure (public works) was applied to a criminal offender.

22.It should be noted that only 12 out of 63 pre-trial investigations discontinued in the absence of elements of criminal offence (paragraph 1 of Article 212, Article 3 (1) (1) of the CCP) were discontinued indicating the principle ultima ratio as one of the arguments.

23.Moreover, the available data indicates that only in respect of 3 criminal cases persons accused of criminal offences stipulated in Article 170 (2) and (3) of the CC were acquitted by the courts in the absence of elements of criminal offence indicating the ultima ratio nature of criminal liability and in the absence of proof for the dangerousness of actions of the accused in respect of criminal liability. In all the cases the prosecutors exercised their right enshrined in the CCP to appeal such verdicts of non-guilty, however their appeals were dismissed by higher courts.

(d) Increase awareness-raising campaigns and other measures to counter hate speech, develop a long-term strategy to adequately combat hate speech and follow up on cases brought to the office of the inspector of journalist ethics.

24.As regards long-term strategies on the fight against incitement to hatred, on the initiative of the European Commission on 31 May 2016 the European Commission along with major IT companies such as Facebook, Google, Youtube, Microsoft and Twitter adopted the Code of conduct to combat the spread of incitement to hatred online. This Code of conduct inter alia aims at ensuring enhanced effectiveness and rapidity of cooperation between IT companies and institutions of the EU Member States related to the examination of reports on incitement to hatred, removal of such content or access to it. Thus, the EU Member States undertook to nominate national liaison officers responsible for direct cooperation with IT companies in the field of submission and examination of reports on the content inciting to hatred. On the basis of the above-mentioned Code the representative of the Office of the Inspector of Journalist Ethics was appointed as Lithuania’s national liaison officer. This will form the basis for expeditious removal of speech of discord from social networks.

25.In addition, it should be noted that on 23 May 2017 a useful debate was held in the Ministry of Justice with the participation of representatives of online media, IT companies Facebook and Google, state institutions and civil society. The participants discussed common efforts to combat the incitement to hatred on web platforms. In addition, new projects are being developed that should encourage public awareness-raising and critical thinking in relation to the spread of disinformation in the form of comments in web pages.

26.With a view to combating the expressions of hatred in public information (without distinguishing any ground for expressing hatred), in 2014 the Office of the Inspector of Journalist Ethics (hereinafter referred to as the OIJE) participated actively in the training for the representatives of regional media organised by the non-governmental organisation ‘Media4change’ the aim of which was to train on how to recognize hate speech and avoid it in the professional activities of a journalists. In addition, in 2014 training for the representatives of the Lithuanian Union of Journalists on the topic ‘Ethics of Journalists and Media Law: Is Competition for Ethical Journalism Possible?’ was organised, which provided recommendations to journalists on how to avoid the spread of hate speech when reporting about the events and quoting sources of information and how to respond properly. The Inspector of Journalist Ethics in cooperation with the Police Headquarters of Utena County organised training for police officers working at police stations in Anykščiai, Ignalina, Molėtai, Visaginas and Zarasai: a workshop ‘Public Information in Police Activities: Between the Duty to Inform and Protection of Human Rights’ was held on 11 September 2014. The workshop also discussed issues related to the investigation of hate incitement online.

27.In the fourth quarter of 2015, with a goal of reducing the scope of hate speech in public sphere (readers’ comments in web portals), the OIJE submitted to the Internet Media Association a model hate speech compendium in order to enable web portals to effectively and closely monitor the speech of persons writing comments and to remove expeditiously comments containing expressions of hate.

28.In 2017 a conference ‘Hate Speech: Assessment and Responsibility’ focusing on the aspects of hate speech was held in the NMD for the representatives of public information providers (disseminators), national minorities and the public.

29.Since 2014 the OEOO and the National Equality and Diversity Forum has been organising annual National Equality and Diversity Awards aimed at awarding individuals, organisations, ideas or projects, initiatives, activities and deeds that are important in the field of equality and diversity. In 2017 the Awards were organised in cooperation with the Embassy of the Kingdom of Norway. 2017 Nations Dialogue Award for active participation in the integration of national communities and elimination of xenophobia, race related and ethnic stereotypes was handed to the president of Vilnius Ukrainian community Natalija Šervytienė for active fostering of nations’ dialogue in Lithuania, Ukrainian national identity protection, assistance during the integration process of Ukrainian people and fostering of tolerance.

In the light of its general recommendation No. 7, the Committee recommends that the State party strengthen its efforts to combat hate crimes effectively. It should:

(a) Effectively investigate all reported instances of hate crime, prosecute those responsible and, in the event of a conviction, punish perpetrators with appropriate penalties; it should also ensure that the principle of ultima ratio is not applied restrictively to hate crime cases;

30.The CC establishes criminal liability for criminal offences in relation to persons equality and freedom of conscience (Chapter XXV: Article 169 — discrimination on grounds of nationality, race, sex, origin, religion or belonging to other groups; Article 170 — incitement (to hatred) against any national, racial, ethnic, religious or other group of persons; Article 1701 of the CC — creation and activities of the groups or organisations aiming at discriminating a group of persons or inciting against it (including financing of such activities).

31.The Law No. XI-303 of 16 June 2009 amending the CC recognized xenophobia, race and discrimination related grounds as an aggravating circumstance in the criminal liability of the perpetrator in case of commitment of any other criminal offence, i.e. any other criminal offence is committed in order to express hatred to a group of persons or a person belonging to a group on the grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, beliefs or views. The same Law amended the CC by establishing and defining the composition of very serious and serious crimes committed on the above-mentioned grounds, i.e. the amended CC establishes and maintains in force criminal liability for murder committed in order to express hatred to a group of persons or a person belonging to a group on the grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, beliefs or views (Article 129 (2) (13) of the CC), criminal liability for severe health impairment made on the same grounds (Article 135 (2) (13) of the CC) as well as criminal liability for non-severe health impairment made on the same grounds (Article 138 (2) (13) of the CC). Hatred related crimes include criminal offences specified in Article 312 (2) of the CC (desecration of a grave or another place of public respect for racist, nationalist or religious reasons).

(b) Continue to provide adequate training to police officers, the judiciary and all law enforcement officers on how to address hate crime;

32.The Inter-institutional Action Plan for Promotion of Non-Discrimination for 2011–2019 coordinated by the Ministry of Social Security and Labour includes a continuous measure, i.e. training for law enforcement officials in the field of hatred related crime investigation. This measure comprises of the following steps: with a view to combating hate crimes, improvement of competences of law enforcement officials in the field of hate crimes investigation is initiated taking into account the Committee’s concluding observations on Lithuania’s sixth, seventh and eighth periodic reports under the International Convention on the Elimination of all Forms of Racial Discrimination; training will be held in cooperation with the Office for Democratic Institutions and Human Rights (ODIHR) of the Organisation for Security and Cooperation in Europe (OSCE). The implementation of the measure is carried out by the Ministry of Foreign Affairs.

33.The following trainings in the field of combating hate crimes were held: in 2015 trainings for Law Enforcement trainers and managing officers on combating Hate Crimes (TAHCLE) were organised. In 2017, two events were organized on the topic ‘Actions of police officers in cases of expressed hatred’, where 24 officers participated.

34.With a view to upgrading skills necessary for assessing discrimination related crimes and to provide information on relevant national and international legislation and human rights, training on the issue of racial and other forms of discrimination are regularly held in the Prosecutor’s Office. During the period of 2014–2017 prosecutors participated in the various training courses on hatred and discrimination related crime. Statistics is provided below:

Year	Topics	Number of trainings/seminars	Total number of participants
2014	Hatred (Online); Discrimination; Gender Equality; Human Rights; Case-law of the ECHR	5	122
2015	Assistance to Witnesses and Victims of Crime; Expression of Opinion in the Internet	2	49
2017	Rights of Migrants and Asylum Seekers; Human Rights	5	81

35.Following the approved programmes for raising judicial competence, judges take part in annual trainings, seminars and international trainings related to the provisions of the Convention:

Year	Topics of the trainings/seminars	Number of the trainings/seminars
2014	Discrimination; Equal rights in labour law	2
2015	Freedom of expression, Criminal acts against individual honour and dignity, freedom of sexual self-determination and inviolability ’	2
2016	Human rights	1 training programme (15 academic hours)
2017	Refugees, Asylum,	3

36.In case of substantial changes in the legal framework concerning hate crimes that would demand for additional specialised training on hatred related crime in the future, training programmes for judges may also be modified.

(c) Improve the systematic registration and recording of allegations of hate crime that are reported to the police and take measures to facilitate the lodging of complaints by victims of hate crime;

37.As concerns fight against hate crime, the Prosecutor’s Office plans, within the competences assigned to it, to implement measures aimed at more effective investigation of such criminal offences and prosecution of perpetrators. At the moment, institutions of the Republic of Lithuania are considering the possibility to submit to the European Commission application for a project concerning combating hate crimes and incitement to hatred. The purpose of this project is to develop effective measures and frame the practice, through trainings and preparation of recommendations for police officers, prosecutors and judges, aimed at preventing racism, xenophobia and other forms of intolerance paying particular attention to the fight against hate crimes and hate speech. The activities of the project would also include training for police officers and prosecutors on the topics of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA.

38.In addition, further recommendations for combating crimes committed on the grounds of race, discrimination or xenophobia will be introduced; such recommendations would help officers performing pre-trial investigation of this category and prosecutors organising those pre-trial investigations to ensure enhanced quality and efficiency in detecting criminal offences and prosecuting perpetrators. In addition, a summary of prosecutors’ activities performed when organising pre-trial investigations of this category and supporting formal accusation in criminal cases of this category will be prepared. Identified problems will be taken into account with the aim to seek solutions to those problems. The society will be informed about initiated pre-trial investigations on hate crimes committed on the grounds of race, discrimination or xenophobia and outcomes of criminal cases of this category.

39.During the period of 2014–2016 the Information System of Lithuania Courts (LITEKO) collected the data provided by the courts on cases related to crimes referred to in Article 169 (Discrimination on grounds of nationality, race, sex, descent, religion or belonging to other groups), Article 170 (Incitement against any national, racial, ethnic, religious or other group of persons), Article 312 (Desecration of a grave or another place of public respect) of the CC without disaggregating hate crimes by qualifying elements. For this reason we are unable to present data on criminal offences specified in Article 129 (Murder), Article 135 (Severe health impairment) and Article 138 (Non-severe health impairment) that may contain the elements of hate crime. Following the improvement of operational system of LITEKO from 2017, it provided possibility to collect more detailed data of the above-mentioned cases as well as data on criminal offences specified in Article 1701 (Creation and activities of the groups and organisations aiming at discriminating a group of persons or inciting against it) of the CC. In order to evaluate the instances of discrimination in the context of the Convention on the Elimination of all Forms of Racial Discrimination, part of information (in cases the number of which is not very high) was checked in a non-automated way.

40.Statistics on criminal cases completed in the courts of first instance from 2014 to 1st quarter of 2017.

Articles of the CC	2014	2015	2016	1st quarter of 2017
Article 169	1	1	0	0
Article 170	37	22	17	5
Article 170 1	–	–	–	0
Article 312 (2)	0	2	0	0
Article 129 (2) (13)	–	–	–	0
Article 135 (2) (13)	–	–	–	0
Article 138 (2) (13)	–	–	–	0

41.It should be noted that information presented in the table includes cases related not only to liability for crimes committed on the grounds of race and nationality, but also to liability for crimes committed on the grounds of sex, descent, religion or belonging to other groups.

42.The review of cases presented in the table allows to summarize that it includes 5 cases in which persons were sentenced for incitement against the group of persons of other race (Article 170 of the CC). Judgements of conviction were delivered in respect of three cases (penalty orders), judgement of not guilty was delivered in respect of one case, and the offender was released from criminal liability upon reconciliation between the offender and the victim in another case.

43.Criminal offences in 25 out of all the cases presented in the table are related to incitement on the ground of nationality. Only in two of them judgements of not guilty were delivered and in all the rest cases persons were convicted of an offence.

44.Taking into account the provided information it should be stressed that persons accused in cases of the above-mentioned type are prosecuted in the courts in a proper manner and Committee’s recommendation to ensure that ultima ratio principle is not narrowly applied in case of hate crimes is implemented.

45.45. Procedural rights are guaranteed to the victims of racial discrimination or xenophobia in all cases without exception without prejudice to and in accordance with the main provisions of the Constitution of the Republic of Lithuania, the Convention on the Elimination of all Forms of Racial Discrimination and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The procedural status of a victim in pre-trial investigation and criminal proceedings is regulated by the provisions of the CCP.

(d) Provide the Committee with statistical data on complaints, investigations, convictions and sanctions for acts categorized as hate crimes;

46.During the period from 1 January 2014 to 30 September 2017, 278 pre-trial investigations were initiated in respect of the above-mentioned criminal offences.

47.Since POIS and ICPS are unable to list pre-trial investigations in which xenophobia, race and discrimination related grounds were recognized as an aggravating circumstance in the criminal liability of a perpetrator, this figure includes only pre-trial investigations initiated on the basis of Article 169, Article 170, Article 129 (2) (13), Article 135 (2) (13), Article 138 (2) (13) and Article 312 (2) of the CC.

48.The provided data of the Prosecutor’s Office Information System indicates that during the period form 1 January 2014 to 30 September 2017 one pre-trial investigation on the basis of Article 169 of the CC was initiated and was discontinued in the absence of elements of criminal offence.

49.During the period form 1 January 2014 to 30 September 2017, 276 pre-trial investigations on the incitement against any national, racial, ethnic, religious or other group of persons on the basis of Article 170 of the CC were initiated (in 2014 the number of pre-trial investigations initiated was 71, in 2015 — 137, in 2016 — 50, in 2017 — 18). 45 out of the above-mentioned pre-trial investigations were finalised by transferring the criminal case to the court, 105 were discontinued (of which 78 were discontinued due to the absence of elements of criminal offence (paragraph 1 of Article 212, Article (3)(1)(1) of the CCP), 2 were discontinued due to the lack of evidence of guilt (paragraph 2 of Article 212 of the CCP), 24 were discontinued when the suspect was released from criminal liability on bail (paragraph 6 of Article 212 of the CCP and Article 40 of the CC), 1 was dismissed because a person at the time when the offence was committed has not attained the age at which a person can be held liable for it (paragraph 1 of Article 212, Article 3 (1) (4) of the CCP), 86 pre-trial investigations were suspended because all possible means to identify the criminal offender were exhausted and the offender was not identified (Article 31 of the CCP).

50.During the period from 1 January 2014 to 30 September 2017 2 pre-trial investigations under Article 138 of the CC were initiated, one of them was discontinued in the absence of elements of criminal offence and another is still in progress.

51.During the period from 1 January 2014 to 30 September 2017 3 pre-trial investigations under Article 312 (2) of the CC concerning the desecration of places of public respect for anti-Semitic reasons were initiated. All the above-mentioned pre-trial investigations were discontinued because the offenders liable for criminal offence were not identified.

(e) Take appropriate measures to increase the confidence of vulnerable groups in the State party ’ s institutions and mechanisms responsible for addressing racist hate crimes.

52.When implementing Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, Law amending Articles 8, 9, 28, 43, 44, 128, 185, 186, 188, 214, 239, 272, 275, 276, 280, 283, 308 and Annex of the CCP of the Republic of Lithuania and supplementing it with Articles 271, 362, 561, 1861 of 17 December 2015 broadened the concept of a victim as well as rights conferred to him/her during the criminal proceedings.

53.In line with Article 28 of the CCP currently in force, victim shall be considered to be ‘a natural person who suffered physical, material or non-material damage because of a criminal offence, or a family member or a close relative of a natural person who has died because of criminal offence and who, due to the death of that person has suffered physical, material or non-material damage’. From 30 December 2015 a victim has been granted the right to receive information on the state of the criminal proceedings related to him or her and the right to participate in the assessment of his or her specific protection needs which he or she did not have before.

54.In addition, with the purpose of implementing the above-mentioned directive the CCP was supplemented by Articles 362 and 1861 governing the assessment of specific protection needs of a victim. Article 362 of the CCP defines specific protection needs as victim’s needs to make use of guarantees laid down in the CCP which are determined by personal characteristics, nature of the offence or circumstances of the offence and ensure victim’s protection from mental harm, criminal impact or other negative effects. Thus, to achieve these goals, the Recommendations on the assessment of victims’ specific protection needs were approved by the Order No. I-63 of the Prosecutor General of the Republic of Lithuania of 29 February 2016. These Recommendations set out the arrangements for the assessment of victims’ specific protection needs referred to in Article 362 of the CCP and factual grounds for the application of special protection measures. These Recommendations provide that special protection measures, such as participation of an accompanying person and interviews conducted by an official of the same sex as the victim, may be available to the victims in proceedings related to discrimination or hatred on the grounds of sex. In addition, in each case a decision on the application of special protection measures to victims’ of a criminal offence may be delivered individually taking into account their vulnerability. The Recommendations are published on the Internet website of the Prosecutor’s Office and are applied in practice by prosecutors and officers of pre-trial investigation institutions in conducting pre-trial investigations.

In the light of its general recommendation No. 7, the Committee recommends that appropriate and effective measures be taken by the authorities to ensure that public demonstrations do not degenerate into racist, xenophobic and anti-Semitic activities and propaganda by persons or groups. The Committee also recommends that the State party apply its criminal legislation and, as appropriate, carry out investigations and prosecute the individuals or groups responsible, and consider dissolving such organizations in accordance with Law No. XI-330 of July 2009 and article 4 of the Convention.

55.The right to peaceful assembly is enshrined in Article 36 of the Constitution of the Republic of Lithuania. The State is under an obligation to ensure the freedom of assembly and expression. The freedom of expression shall be ensured even if such expressions are triggering and shocking. However, in line with the International Covenant on Civil and Political Rights, restrictions on the freedom of assembly can be imposed in conformity with the law which is necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights of freedoms of others. Article 5 of the Law on Meetings of the Republic of Lithuania defines the acts that are prohibited by Law during public meetings. Such prohibited acts include evident instigation to violate the Constitution or laws of the Republic of Lithuania, violation of norms of nobility, high morality and ethics, display of the flag, state emblem, a sign, uniform and other related symbols of Nazi Germany, the USSR or the Lithuanian SSR, and intention in any manner to commit criminal offences specified in the CC of the Republic of Lithuania or commitment of them. Police officers may terminate a public meeting or an individual action of a person when the participants violate public order, attempt to commit or commit crimes against the independence, territorial integrity and constitutional order of the State, or other intentional criminal acts against human life, health, liberty, principles of morality enshrined in the legal acts, property, person’s dignity and honour, public security and public order.

56.It should be noted that Article 1701 of the CC establishes criminal liability for a person who creates a group of accomplices or an organised group or organisation aiming at discriminating a group of persons on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views or inciting against it or participates in the activities of such a group or organisation or finances or otherwise supports such a group or organisation.

Recalling its general recommendation No. 27 (2000) on discrimination against Roma, the Committee recommends that the State party:

(a) Continue its efforts to firmly combat racial discrimination against Roma and address the challenges that Roma continue to face in the areas of employment, education and housing;

(b) In particular, bearing in mind the Committee ’ s general recommendation No. 32 (2009) on the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination and in the context of the new action pla n for Roma integration for 2015– 2020, reinforce the special measures to reduce the illiteracy rate and the school dropout rate and to improve the attendance and language skills of Roma children;

(c) Find durable solutions to the housing issues of Roma, including by providing them with social housing in the context of the action plan for gr eater social inclusion for 2014– 2020, and pay particular attention to the housing situation of Roma in the Kirtimai settlement and provide them with alternative solutions in consultation with Roma communities;

(d) Allocate adequate funding for all programmes, strategies and other policies relating to the integration of Roma and for the evaluation of the impact of those measures.

I.Plans, strategies and surveys related to the non-discrimination of Roma

57.During the period 2014–2017 Lithuania completed the implementation of the Action plan for Roma integration into the Lithuanian society for 2012–2014 and started the implementation of measures under the Action plan for Roma integration into the Lithuanian society for 2015–2020 period and the Programme for the Integration of the Roma Community living in Vilnius city municipality into the Society for 2016–2019.

58.The results of the Action plan for Roma integration for 2012–2014 and previously implemented programmes (Programme for Roma integration for 2000–2004 and Programme for Roma integration into the Lithuanian society for 2008–2010) were evaluated in 2014 by conducting a sociological study ‘Situation of the Roma national minority and evaluation of its integration’ (hereinafter referred to as the 2014 study). The 2014 study took into consideration the findings of the 2001 General Population and Housing Census and the 2011 General Population Census published in 2013–2014.

I.(a)The findings of the 2014 study on the situation of the Roma minority

59.According to the findings of the Population and Housing Census conducted in 2011, there were 2 115 Roma living in the country. 81 % of Roma resided in urban areas, whereas 19 % of Roma lived in rural areas. The majority of Roma lived in the counties of Vilnius (38 % / 814 persons), Kaunas (23 % / 482 persons), Šiauliai (11 % / 224 persons), Marijampolė (10 % / 214 persons) and Panevėžys (7 % / 145 persons). 1 973 of Roma (i.e. 93,3 %) held the nationality of the Republic of Lithuania. Others held the nationality of the following states: 49 persons (2.3 %) held the nationality of Russian Federation, several persons held the nationality of Belarus, Poland, Latvia and Moldova. 19 persons indicated that they hold a double nationality, 55 persons indicated that they hold no nationality.

60.The 2014 study revealed significant changes in Roma education: the education of Roma has significantly improved. The reduction of illiteracy rates indicates a positive change — the number of illiterate persons and persons who failed to attain primary education in the Roma community decreased several times (from 26 % to 10 %) in 2011, whereas the percentage of persons who attained primary education increased (from 31 % to 42 %). The number of persons who attained basic education grew as well (from 15 % to 29 %). However, negative trends can be observed as well. To compare with the findings of 2001, the percentage of persons who attained secondary and higher education in the Roma community decreased from 28 % to 20 % in 2011.

61.The educational level among Roma children underwent positive changes between 2001 and 2011. The comparison of data indicates that the level of illiteracy and incomplete primary education was reduced by 36 % (47 % in 2001 and 11 % in 2011) and the number of persons who acquired basic education increased (7 % and 26 % respectively). In 2011, the difference between the acquired education level of Roma children (at age of 10–19 years) and that of their peers in Lithuania was more visible only at the level of secondary education, whereas the indicators of illiteracy, primary and basic education differed by a mere 1 %–5 % (in 2001, the difference was 11 %–36 %).

62.The analysis of the findings of the Population and Housing Census in 2001 and 2011 reveal significant changes in the main sources of income of Roma community in Lithuania. Over the last ten years the share of Roma whose main source of income is non-formal individual activity (non-formal trade) substantially decreased from 27 % in 2001 to 5 % in 2011. During the same period, the share of Roma whose main source of income is social benefits grew twofold from 13 % in 2001 to 26 % in 2011. The share of Roma whose main source of income is wages grew slightly from 1 % to 5 %.

63.The 2014 study revealed that 24 % of Roma were not covered by the compulsory health insurance, whereas the share of non-insured persons in the country amounted to 9 % during the same period in 2011. The compulsory health insurance covers all children under the age of 18, also women who have been granted a maternity leave under the procedure prescribed by the law and unemployed women during their pregnancy for 70 days. The findings of the 2011 population census show that the share of persons who are unemployed because of their disability is significantly larger in the Roma community — 16 % of economically inactive persons were unemployed because of their disability in the Roma community, where the national average stood at a mere 4 %.

64.The 2014 study provided first detailed analysis of the situation of Roma women in Lithuania. Women accounted for a slightly larger share (52 %/1 101 persons) than men (48 %/1 014 persons) in Roma community. Gender breakdown differences are particularly evident in Roma community aged 30 years and over — in this age group women account for 57 % and men — 43 % of the number of Lithuania’s Roma community. There are certain differences in the acquired education among Roma women and men; however, they are minor — the number of women who are illiterate or who have not attained primary education (the difference is 1 %) or who have acquired primary education only (the difference is 3 %) is slightly larger, whereas there are slightly more men who have acquired basic education (the difference is 4 %). The situation of women in terms of employment is worse than that of men. The researchers note that less active participation of women in labour market is determined not only by stereotypes related to their role in society and family, but also by rigid attitude of employers. The integration of Roma women into the labour market is also encumbered by early marriages, as approximately one fourth (25 %) of Roma girls give birth to their first child while being minor (younger than 18 years old).

I.(b)Roma integration programmes

65.Aiming to ensure full Roma integration into the Lithuanian society the following Roma integration programmes are currently under implementation:

I.(b).1.Action plan for Roma integration into Lithuanian society for 2015–2020

66.The goals of the Action plan for Roma integration into Lithuanian society for 2015–2020 are as follows: to promote the integration into the education system; to increase access to health services; to promote employment; to seek the empowerment of Roma women; to improve housing conditions; to promote intercultural dialogue. Measures of the Action plan are implemented by the Ministry of Science and Education, the Ministry of Social Security and Labour, the Ministry of Interior, the Ministry of Health, the NMD, the OEOO, the Education Development Centre, the National Centre for Special Needs Education and Psychology, the Lithuanian Centre of Non-formal Youth Education, the Lithuanian Labour Exchange and the Roma Community Centre.

67.In the framework of the Action plan for Roma integration into Lithuanian society for 2015–2020, the NMD organised non-formal education of Roma children in the Roma Community Centre, also a summer camp, state language and computer literacy classes, financed the provision of intercultural mediation services to the Roma community residing in Kirtimai neighbourhood of Vilnius city municipality, allocated funds for the dissemination of the culture of Roma and projects on non-governmental organisations. The Ministry of Science and Education in cooperation with the Education Development Centre organised a professional development seminar for teachers of general education teaching Roma children, consultations for schools, a seminar for Child well-being commissions of schools and municipalities. Vilnius City Public Health Bureau is organizing lectures on sanitation and hygiene as well as lectures on healthy lifestyle for Roma women and girls. The Office of Equal Opportunities Ombudsperson provided consultations on issues of equal opportunities and non-discrimination to Roma and to non-governmental organisations that work with Roma. In addition, the study ‘Situation of the Roma People as Compared to Other Residents of Lithuania’ commissioned by the Office has been conducted; it serves as basis for the monitoring of the implementation of the Action plan for Roma integration into Lithuanian society for 2015–2020. The Action plan for Roma integration into Lithuanian society for 2015–2020 attaches great importance to the employment of Roma. During the period 2016–2020 the Roma Community Centre in cooperation with non-governmental organisations of Roma have been implementing project on Roma employment and training ‘Lets work with Roma. New job opportunities and challenges’ that includes: 1. motivation targeted at an individual or group of them, assessment of person’s needs, development, maintenance and revival of social and labour skills, 2. formation of a target group and presentation of benefits of the project, 3. consultations provided by a social worker, lawyer, 4. socio-cultural services, sports activities, 5. development of general skills (for example, digital literacy, language, business skills), 6. training in the field of communication and public speaking, 7. intermediation and other assistance when seeking employment and upon employment. A total of 300 Roma are now participating in the activities under the project; following the completion of the project 40 per cent of all the participants will seek employment or start studies. The project has a total budget of EUR 868 860. In addition, the Lithuanian Labour Exchange also contributes to the integration of Roma into the labour market; each year it provides consultation and information services to more than 300 Roma and provides regular place of work for about 100 Roma.

I.(b).2.Programme for the integration of the Roma community living in Vilnius (Kirtimai) settlement into the society for 2016–2019

68.On 19 April 2016 Vilnius City Municipality approved the Programme for the integration of the Roma community living in Vilnius (Kirtimai) settlement into the society for 2016–2019. The goals of the programme are to promote the integration of the Roma people into the education system, increase access to health services, seek the reduction of social exclusion, improve living conditions of the Roma people, enhance the openness of the unique Romani culture, prevent the spread of drug abuse in Kirtimai and in the neighbouring area.

69.The programme has a strong focus on the elimination of housing problems of Roma; the municipality proposes social housing for Roma families and subsidies for housing rent. During 2016–2017 11 Roma families were moved from the Kirtimai settlement to social housing and 11 families received compensations for rent. The number of houses and residents in the Kirtimai settlement is constantly declining: in 2017 the settlement consisted of 45 houses with slightly more than 200 residents (in comparison to 100 houses with approximately 500 residents in 2001).

70.In order to ensure education of Roma children and provision of social assistance, social workers appointed by Vilnius City Municipality accompany 35 Roma children living in the Kirtimai settlement to education institutions during each school year and actively cooperate with social workers of such institutions. Funds allocated for the implementation of this measure amounted to EUR 19 000 in 2016 and to EUR 37 000 in 2017.

71.In addition, we are working actively with families at social risk: social care services are provided to 18 families at social risk raising 50 children, moreover, particular attention is paid to social skills development.

72.Children who are either absent from or rarely attend day centres will be included in the ‘street pedagogy’ programme. Social workers-psychologists will talk to children and young people in places where they gather and will provide personal and social assistance as well as educate them.

73.Performances and music forums are being held so as to reflect and demonstrate the uniqueness of Roma culture. Such initiatives are expected to encourage the cooperation between different cultures and cultural exchanges as well as to address negative societal attitudes.

I.(b).3.Measure ‘Social integration of Roma’ financed from the European Union structural funds during the period of 2016–2020

74.The implementation of this measure includes the provision of services to Roma that are related to the integration into the labour market seeking to avoid social exclusion of Roma. The budget of this measure amounts to EUR 868 000 and is allocated from the European Union structural funds.

75.Project activities are planned to involve approx. 300 persons and upon the completion of the project 40 per cent of them are expected to seek employment, start to study or work, including as self-employed persons.

I.(b).4Funding of Roma integration programmes

76.The Action plan for 2012–2014 was financed by funds from the State budget, the European Union structural assistance and the European Union PROGRESS programme. Allocations for this plan amounted to EUR 189 085 in 2012, EUR 378 958 in 2013 and EUR 330 485 in 2014.

77.The Action plan for Roma integration into Lithuanian society for 2015–2020 is financed by funds from the State budget of the Republic of Lithuania and the European Union structural funds. The amount of EUR 867 000 under the EU financial perspective 2014–2020 is planned to be allocated for the implementation of the project aimed at integrating Roma into the labour market. Each year the National Minorities Department under the Government of the Republic of Lithuania allocates the amount of nearly EUR 75 000 for various Roma integration measures; other institutions use appropriations in the general budget for the implementation of measures. In addition, funding of action plan monitoring which is planned in 2020 is envisaged.

78.Vilnius City Municipality plans to allocate more than EUR 722 000 for the implementation of the Programme for the integration of Roma community living in Kirtimai district (Vilnius city municipality) for 2016–2019.

I.(c)Other international and national projects

79.Various international and national projects are implemented with the purpose of promoting the integration of the Roma. In 2014 the programme ROMED was implemented in cooperation with the Council of Europe under which 15 representatives of the Roma community were trained in delivering intercultural mediation between public administration institutions and the Roma community.

80.During 2016–2018 the National Minorities Department under the Government of the Republic of Lithuania is implementing the project ‘Local Roma Platforms — Path Towards Cooperation with Municipalities’. The main goal of the project is to develop a mechanism of cooperation between Roma communities and local municipalities ensuring efficient participation of local authorities in Roma integration process.

81.In the framework of the project, Roma platforms were set up in five municipalities of Lithuania. Five representatives of the Roma community act as mediators between the Roma communities and municipal authorities with the aim of ensuring sustainable dialogue between these two parties concerned.

82.Project activities include specialised training for specialists who work with the Roma community, such as staff of municipal administration, social workers, teachers as well as Roma women; training organised for Roma women is aimed at encouraging them to become more involved in public life. In addition, various surveys are being carried out. Funds allocated for the implementation of the project amount to EUR 68 000 each year.

83.During the period 2014–2017 various projects aimed at the integration of Roma into the education system, empowerment of the Roma community and commemoration of victims of Holocaust were implemented by the Roma Community Centre, the Centre for Human Rights and non-governmental organisations of Roma.

II.Education

84.The involvement of Roma children in education is monitored according to statistical data on the mother tongue of schoolchildren that is being collected. According to the data of 1 September 2017, in Lithuania pre-school establishments were attended by 15 Roma children, secondary schools were attended by 431 Roma children and professional training schools were attended by 22 Roma children.

85.When implementing the Action plan for Roma integration into Lithuanian society for 2015–2020, in 2017 the Ministry of Science and Education has intensified the training for teachers, heads of schools, education support specialists and specialists of education units of municipal administrations envisaged in the Action plan and has taken the initiative to organise long-term activities targeted at competence improvement and involving the development of skills necessary to understand the needs of Roma children and to organise inclusive education taking into account of cultural diversity. The Education Development Centre organised a series of training sessions consisting of two days introductory training, practical training and one day reflection activities. The participants of such training represent school teams made up of a teacher, learning support specialist and representative of administration. Trainings of this kind is planned for 2018–2020 as well. Trainings are linked to educational workshops that are dedicated to the issues of equal opportunities and non-discrimination and are attended by pupils and teachers from schools participating in the above-mentioned trainings. Such educational workshops apply attractive and modern methods when performing the task of addressing negative attitudes towards Roma, teaching tolerance and respect, developing critical approach of school pupils and teachers to stereotypes related to images of Roma presented in the media as well as in Lithuanian ethnology (masks used for Lithuania festival Užgavėnės, portrayal of Roma in songs, proverbs, etc.).

86.The Ministry of Education and Science in cooperation with the NMD, in the contect of the project ‘Local Roma Platforms — Path Towards Cooperation with Municipalities’ has initiated a separate activity involving long-term consultations that assist the school and local community in developing new approach to Roma integration in Eišiškės Stanislovas Rapolionis gymnasium in the districts of Šalčininkai. The project implemented by the National Minorities Department ensures the activity of Roma mediator entrusted with the main task of ensuring regular attendance of Stanislovas Rapolionis gymnasium by Roma children. The joint efforts of the two institutions serve as an example of perfect interinstitutional cooperation when encouraging local community to solve Roma related issues in through dialogue.

87.For reasons of consistency, the same consultant who works with teams of schools as well as the communities of Stanislovas Rapolionis gymnasium and the town of Eišiškės will prepare practical recommendations on work with Roma families with children of pre-school and school age. The aim of such recommendations is to ensure more effective educational work involving Roma families with children of school age and to increase integration of Roma children by involving them into life of school and local community. The recommendations are prepared on the basis of experience gained when providing consultations and training to the school, they will be presented during the meeting organised for representatives of municipal administrations and education centres.

88.Roma integration activities are planned to include meetings with the parties concerned to exchange the views and to discuss existing or new measures necessary in order to ensure smoother involvement of Roma children into formal and non-formal education. The meetings will be attended by the representatives of the Ministry of Education and Science, the Education Development Centre, the National Centre for Special Needs Education and Psychology, the Lithuanian Centre of Non-formal Youth Education, NMD and other establishments and non-governmental organisations concerned.

The Committee recommends that the State party take proactive measures to provide Roma with identity documents. The Committee recommends that the State party, to that end, raise awareness among Roma families about the necessity of possessing identity documents and of civil registration and about the relevant documentation and registration procedures. The Committee also recommends that the State party raise awareness among Roma communities about the law on citizenship of 2011 and the procedures for obtaining citizenship.

89.Refer to paragraph 59 (I.(a) ‘The findings of the 2014 study on the situation of the Roma national minority’) of previous recommendation.

The Committee recommends that the State party closely monitor the effective application of the anti-discrimination legislation and consider taking special measures to foster the integration of national and ethnic minorities into society, in particular in the labour market, paying particular attention to the situation of minority and migrant women, taking into account the Committee ’ s general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination. The Committee also recommends that the State party collect and provide information on the level of representation of minorities in public affairs, including in the police, with a view to improving such representation. The Committee further recommends that the State party provide information on the implementation of the Constitutional Court ’ s ruling on the use of names in languages other than Lithuanian in identity cards for persons belonging to minorities.

90.The Ministry of Social Security and Labour coordinated the Inter-institutional Action Plan for Promotion of Non-discrimination for 2011–2016. The implementation of the Plan in 2016 involved the organisation of training and educational events on the issues related to the integration into society and ensuring of equal opportunities, the initiation of activities targeted at encouraging the representatives of national minorities to get a foothold in the labour market and intercultural understanding and giving real meaning to cultural heritage of national minorities and immigrants, creation and demonstration of non-discrimination related social advertisements in public transport as well as other activities.

91.From January to November of 2017 the Lithuanian Labour Exchange under the Ministry of Social Security and Labour has registered 373 unemployed persons of Roma nationality (177 of them were women), 76 persons as employed (30 of them were women), 11 persons as participating in active labour market policy measures (9 undertook public work, 2 were employed providing subsidies), 7 persons as pursuing activity under a business licence. According to the data of the Lithuanian Labour Exchange of 1 December 2017, 321 unemployed person (191 of them were women) of Roma nationality was registered.

92.The Council of National Communities (hereinafter referred to as the Council), composed of the representatives of national communities, acts under the National Minorities Department. The Council represents national communities on the issues of coordination of the Lithuanian national minority policies. By involving the representatives of national minorities into the decision-making processes, the Council acts in accordance with the principles of international law, the Constitution of the Republic of Lithuania, laws of the Republic of Lithuania, other legal acts and Regulations of the Council of National Communities. The application of the principle of vertical communication with the society is ensured: non-governmental organisations uniting different national minorities are given the opportunity to take part directly in the policy-shaping of national minorities.

93.The NMD implements measures under the Inter-institutional Action Plan for Promotion of Non-discrimination for 2015–2017.

94.The competition for the nomination ‘For National Tolerance’ has been held by the NMD since 2007. The purpose of this competition is to award journalists who published or broadcasted on the Lithuanian national and regional media (press, radio, television and online media) their works that shape positive image of national minorities, promote public awareness of culture and history of national minorities and their contribution to the development of the State, as well as promote tolerance and fight against national and racial discrimination.

95.In 2016 the NMD published the following publications: ‘National communities in Lithuania: figures, facts, activities’ and ‘Roma in Lithuania: figures, facts, activities’ that provide historical and statistical summary information focusing on Roma national minority. In 2017 the NMD published an information leaflet about Polish national minority in Lithuania. In addition, it publishes quarterly newsletter ‘News of national communities’. This newsletter is being published since 2001.

96.On 12–13 October 2017 the NMD organised a seminar ‘Intercultural education and historic memory in the eve of the centenary of the restoration of the State of Lithuania’ for teachers of Sunday schools of Polish, Russian, German, Roma, Azerbaijani, Tartars, Belarus, Ukrainian, Jewish and Armenian national minorities from Vilnius, Kaunas, Klaipėda, Panevėžys, Alytus, Druskininkai and Visaginas. During the seminar, the national minority specialists of non-formal education were provided with information on national historic memory, links between history and culture, presentation of historic information in pictorial form and project on secondary schools of southeast Lithuania was presented.

97.The NMD, taking into account the study on the situation of persons belonging to national minorities residing in Lithuania and recommendations prepared on the basis of it, has initiated the project ‘Integration of representatives of national minorities into the labour market’ in 2016. The main goal of the project is to promote the integration of representatives of national minorities into the labour market and society.

Spelling of names and surnames in personal identity documents

98.By its decision of 27 February 2014, the Constitutional Court of the Republic of Lithuania construed that, by following the requirements stemming from the Constitution, it is also possible to establish, by law, the rules other than those set in the applicable legal regulation for spelling name and family name in the passport of a citizen. In the cases where the amendment of these rules is in line with laws of the Republic of Lithuania, the rules should be proposed by the state institution, consisting of professional language specialists, which has the powers to take care of the protection of the state language.

99.In 2014 alternative draft laws regulating the spelling of names and family names in documents were registered in the Seimas of the Republic of Lithuania, however they were not adopted and did not come into force.

100.In 2017 another two alternative draft laws regulating the spelling of names and family names in documents were registered in the Seimas of the Republic of Lithuania. One of them proposes to ensure the possibility of adding the names and family names of persons of non-Lithuanian nationality, foreigners who acquired the nationality of the Republic of Lithuania, Lithuanian citizens who married to a foreigner and took his surname as well as names and surnames of children of such spouses using non-Lithuanian Latin alphabet letters on the first page in ‘other entries’ section of the passport of the Republic of Lithuania or on the reverse side of an identity card at the request of a person. The second draft law proposes to establish that the name and surname of a citizen of the Republic of Lithuania shall be spelled using Latin alphabet letters and in line with the Rules on machine readable travel documents of the International Civil Aviation Organisation at the request of that person, if the name and surname are spelled using the above-mentioned letters in the source document and that source document attests that a person or his/her ancestors in the direct line had a citizenship of another foreign state or were married to a foreigner and taken his surname. The Government of the Republic of Lithuania and institution responsible for the protection of the state language (State Commission of the Lithuanian Language) have approved in principle to the legal regulation stipulated in the second draft law. The above-mentioned draft laws are currently discussed in the committees of the Seimas of the Republic of Lithuania and the Seimas of the Republic of Lithuania plans to consider them during the parliamentary sessions in 2018.

101.On the basis of the prevailing case-law the courts of the Republic of Lithuania used to turn down requests submitted by the citizens of the Republic of Lithuania to spell their personal names using non-Lithuanian letters in official documents issued in Lithuania. The case-law has changed since 2015, i.e. the judgements of courts in individual cases have ordered the state institutions to use the Latin alphabet letter that is not present in the Lithuanian alphabet when spelling the surname in the certificates of civil status (10 judgements) and in identity documents (2 judgements). It should be noted that the case-law is not uniform in all the cases, the courts assess the individual situation and take into account the problems and inconveniences that the refusal to modify the personal name may cause to a person concerned.

The Committee notes the lack of information on monitoring the application of the new law on citizenship closely under which a person can be deprived of citizenship and left stateless. While noting information provided by the State party on the leaflet and guidance note for asylum seekers, the Committee requests further information of the effectiveness of these measures in achieving their objectives the Committee also requests further detailed information on measures taken to improve reception conditions and the integration of refugees and asylum seekers, including the status of the draft resolution on approving the procedure for asylum seeker accommodation.

102.It should be noted that the Law on Citizenship of the Republic of Lithuania in relation to the reduction of statelessness has not been amended since 2014. However, the Migration Department under the Ministry of Interior as well as migration units of county chief police headquarters provide information on conditions applied to the acquisition of the citizenship of the Republic of Lithuania to stateless persons, assist in collecting the documentation necessary for the acquisition of the citizenship of the Republic of Lithuania, provided that such persons seek the citizenship of the Republic of Lithuania.

103.The statistical data is as follows:

104.The number of stateless persons in the Republic of Lithuania: 3 892 on 1 January 2014, 3 645 on 1 January 2015, 3 466 on 1 January 2016, 3 320 on 1 January 2017.

105.The number of stateless persons who acquired the citizenship of the Republic of Lithuania:

The citizenship was acquired by naturalisation (number of persons living in Lithuania: 61 person in 2014, 50 persons in 2015, 33 persons in 2016);

The citizenship of the Republic of Lithuania was granted under the simplified procedure (for persons living in Lithuania and other states: 17 persons in 2014, 10 persons in 2015, 20 persons in 2016);

The citizenship of the Republic of Lithuania was restored (for persons living in Lithuania and other states: 80 persons in 2014, 128 persons in 2015, 68 persons in 2016).

106.The Ministry of Social Security and Labour is continuing to improve the legislation with the goal to improve the reception conditions for asylum seekers and refugees and their integration. Important amendments have been made to the Law of the Republic of Lithuania on Benefits to Children, Law of the Republic of Lithuania on Death Grants, Law of the Republic of Lithuania on the Social Integration of the Disabled, Law of the Republic of Lithuania on State Social Allowances, Law of the Republic of Lithuania on Monetary Support to Deprived Persons, Law of the Republic of Lithuania on Targeted Compensations that ensured uniform status of refugees and persons holding subsidiary protection. Foreigners who were granted asylum in Lithuania, are provided with the state social assistance under the same conditions as are applied to the citizens of Lithuania. In addition, significant amendments to the Resolution of the Government of the Republic of Lithuania No. 998 on the approval of the Procedure for the provision of state support for the integration of persons granted asylum (hereinafter referred to as the Resolution) have been made. Amended Resolution provides the possibility to accommodate asylum seekers in other premises of the Reception Centre for Refugees (hereinafter referred to as the RCR) if required (for example in apartments taken on lease in the municipalities). It also allows simplified integration procedure: enables to start the integration programme immediately in the municipalities avoiding phase I (integration in the RCR). When addressing the problem related to the housing of persons in municipalities, possibility to pay compensation to cover part of housing rent expenses to persons granted asylum will be ensured.

107.Furthermore, significant amendments have been made to the Law on Employment. It provides for subsidies to employers offering job to asylum seekers, thus facilitating their entry into the labour market.

108.In order to better inform asylum seekers about their rights, obligations and procedures, a memo has been prepared and translated into seven languages (http://www.migracija.lt/index.php?-2140151560), which is brought to the attention of persons that have applied for asylum. A new practice has emerged: asylum-related decisions in the official language shall contain the decision summary in the language that the asylum seeker can understand (currently — seven foreign languages). At the same time, asylum seekers are invited (in the language that they can understand) to indicate in the decision itself whether they agree with it or want to appeal against it in the court, and whether they require state-guaranteed legal aid for this purpose.

109.On 8th of March 2017, the Government of the Republic of Lithuania passed Resolution No. 171 approving the Procedure for the Accommodation of Asylum Seekers. The Resolution aims to establish the procedure for the accommodation of asylum seekers in accommodation premises and transitional accommodation, and preparation of transitional accommodation facilities. The procedure applies to vulnerable asylum seekers or in the cases of the absence of accommodation for asylum seekers in the Foreigners’ Registration Centre (here and after referred to as FRC). The new regulation provides for a more flexible handling of the numbers of asylum seekers and their accommodation in other than the FRC accommodation premises for the period of examination of asylum application.

110.In consideration of the needs of the persons staying at the FRC, who refuse to eat a particular food because of their religious beliefs, alternative food arrangements for adults and minors staying at FRC have been provided for by the order of the Minister of the Interior of 15 January 2015. It should be noted that there is a FRC social worker that provides social services to asylum seekers in accordance with the plan that includes holiday arrangements, thematic evenings, quizzes and board games, either for specific ethnic groups or for all the foreigners. At the request of asylum seekers, the FRC organises meetings with representatives of various religious denominations.

Taking into account its general recommendations No. 30 and No. 25, the Committee recommends that the State party:

(a) Take effective measures to prevent human trafficking, in particular of women and girls, including effective enforcement of its anti-trafficking legislation and enhancement of international cooperation to combat trafficking;

111.The CC provides criminal liability for crimes against human liberty (Chapter XX: Art. 147 — trafficking in human beings; Art. 1471 — use of forced labour or services; Art. 1472 — use of a person’s forced labour or services) and crimes against a child and a family (Chapter XXVIII: Art. 157 — purchase or sale of a child).

112.In 2012, the Seimas ratified the Council of Europe Convention on Action against Trafficking in Human Beings. To properly implement the provisions of this Convention and to increase the effectiveness of anti-trafficking measures, relevant amendments to the Criminal Code have been made. According to these amendments, trafficking in human beings and the purchase or sale of children is now criminalized not only when it is done for the purpose of exploitation for prostitution, pornography or other forms of sexual exploitation, slavery, forced labour or services, but also for any other purposes of exploitation, including exploitation for begging or criminal activity. The criminal law now explicitly states that the victim’s consent shall not remove personal liability for trafficking for exploitation purposes. In addition, criminal liability has been provided for the use of work or services of a person who is a victim of trafficking in human beings, including prostitution, where the perpetrator knew or ought to and could have known that the person was performing the work or services because he/she had been subjected to physical violence, threats, deception or other methods of subjugation for exploitative purposes.

113.Order No. I-318 of the Prosecutor General of the Republic of Lithuania of 30 October 2012 (as recast by Order No. I-68 of the Prosecutor General of 7 July 2017) has approved recommendations on the specialisation of prosecutors in criminal proceedings, distribution of pre-trial investigations, criminal court cases and complaints to prosecutors. Recommendations described the specialisation of the prosecutors of the Office of the Prosecutor General of the Republic of Lithuania, district prosecutor’s offices and their departments in criminal proceedings, the duties of chief prosecutors as regards the implementation of the specialisation of prosecutors, the distribution of pre-trial investigations, criminal court cases and complaints to prosecutors, as well as the procedure for resolving the issues with materially different positions of prosecutors, and duties and rights of specialising prosecutors. These recommendations stipulate that prosecutors specialise, among other things, in cases of crimes against human life and health, other violent offences, offences against the freedom of person’s sexual self-determination and integrity, against the child and the family, trafficking in human beings, exploitation of forced labour or services, engaging persons in prostitution and profit from other person’s prostitution.

114.The recommendations approved in 2015 through a joint order of the Ministers of the Interior and the Social Security and Labour and the Prosecutor General, aim at improving the quality of pre-trial investigation of trafficking in human beings and ensuring better assistance to victims of trafficking in human beings. The main non-governmental organisations providing assistance to victims of trafficking have signed a declaration of cooperation, thus endorsing the above-mentioned recommendations and pledging to them.

115.In 2016, conditions were created to strengthen the fight against trafficking in human beings, ensure a more effective involvement of competent institutions and bodies, municipalities, non-governmental organisations and the church, planning and coordination of activities, and monitoring of the progress, formation of new practices: an inter-agency and cross-sectoral Commission on the Coordination of Trafficking in Human Beings has been set up; Inter-institutional Action Plan for Anti-Trafficking in Human Beings 2017–2019 was approved providing for closer inter-institutional and cross-sectoral national and municipal cooperation and coordination, strengthened measures of monitoring and prevention (publicity campaigns, measures targeting social risk groups and children, etc.), prosecution, ensured assistance to victims and potential victims of trafficking, training for professionals across various fields on detecting trafficking in human beings, conducting such investigations, and assisting victims of the crime.

116.In 2017, for the purpose of implementing the measures and actions under the Plan, the Office of the Prosecutor General, in cooperation with the representatives of the Ministry of the Interior, the Ministry of Social Security and Labour, the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour and the State Labour Inspectorate, has carried out the assessment of the practice of applying the recommendations approved in 2015 by a joint order of the Ministers for the Interior and the Social Security and Labour and the Prosecutor General; initiated bilateral meetings between Lithuanian and the United Kingdom professionals to share information and exchange of experience in anti-trafficking in human beings; participated in the anti-trafficking initiatives of the EU institutions and agencies and other international organisations.

(b) Investigate effectively all cases of human trafficking, prosecute, as appropriate, those responsible and provide redress and support to victims;

117.It is noteworthy that recent years have witnessed the disclosure of various forms of trafficking in human beings (trafficking in human beings for criminal offences, prostitution, forced labour, forced marriages, pornography) and the annually growing number of disclosed crimes of trafficking in human beings: in 2016, 29 pre-trial investigations of trafficking in human beings were registered, in 2015 — 27, in 2014 — 24, in 2013 — 23, in 2012 — 11. In 2016, 52 persons were identified in pre-trial investigations as victims of trafficking in human beings and exploitation of forced labour or services (62 in 2015, 47 in 2014, 78 in 2013, 14 in 2012), charges were made against 67 persons (53 in 2015, 40 in 2014, 68 in 2013, 25 in 2012), 23 persons were convicted in courts of first instance (14 in 2015, 18 in 2014, 11 in 2013, 7 in 2012). It is notable that 2013–2016, most pre-trial investigations were launched on trafficking in human beings for non-sexual exploitation.

118.According to the Integrated Criminal Justice System, 26 pre-trial investigations of trafficking in human beings were registered from 1 January 2017 to 30 September 2017, including: 1 pre-trial investigation completed and referred to criminal proceedings in court, 2 pre-trial investigations terminated in the absence of criminal offence (CCP, Art. 212 (1), Article 3 (1)(1). As regards the remaining 23, the pre-trial investigation continues.

119.It needs to be noted that the Office of the Prosecutor makes regular efforts to increase the quality of pre-trial investigations of this category through meetings with pre-trial investigation institutions and prosecutors. The close cooperation with non-governmental organisations aims at ensuring the protection of victims of trafficking in human beings, their active participation in pre-trial investigation and judicial proceedings. Plans are made in the nearest future to check prosecutors’ decisions of terminating or refusing to launch the pre-trial investigations of criminal offences of this category, and to make an overview of such decisions, and having found the violations of procedure and/or legal classification of criminal offences, to take appropriate decisions at the higher level of prosecutors, and to document the response.

120.In order to reduce the so-called additional victimization and ensure that trial participants (especially victims and witnesses) feel safer in court and suffer less stress, the courts have implemented integrated psychological and physical security measures by establishing a Lithuanian Courts Volunteer Service, issuing publications and videos with guidelines for victims and witnesses, as well as guides for helping volunteers and other court personnel, by equipping courts with video surveillance, alarm (message) systems, video-conferencing software (enabling remote interviews of the participants of the case, i.e., when the victim or the witness is spared of repeatedly seeing the perpetrator), by reinforcing minors’ procedural guarantees (the courts have hired more psychologists, the majority of courts have provided for rooms for juvenile questioning with a constantly improving environment), as well as by providing methodological assistance to courts in providing for security in courts by other means.

121.In the combined sixth, seventh and eighth periodic reports, Lithuania provided general information on the possibilities of state-guaranteed legal aid to victims of crime against freedom of conscience. We would like to add that until 2014, the secondary legal aid was provided only by lawyers included in the lists of lawyers providing secondary legal aid, while since 2014, following the enactment of the amendments to the Law on State-guaranteed Legal Aid, individuals have been free to choose any lawyer practising in Lithuania and have an agreement with him/her for secondary legal aid. In such a case, the State-guaranteed legal aid service enters into a contract with that lawyer for that particular case. Please be also advised that a draft Law Amending the Law on State-guaranteed Legal Aid was prepared, which will provide for more favourable conditions for the provision of secondary legal aid to particularly vulnerable victims, including those who have suffered from offences committed to express hatred to the victim on the grounds of age, gender, sexual orientation, disability, race, nationality, language, origin, social status, belief, convictions or attitudes. Following the adoption of this amendment, the victims will be entitled to secondary legal aid regardless of property and income in the entirety of the case (not only as regards the issue of compensation as provided for in the current legal regulation).

(c) Continue to conduct awareness-raising campaigns on the prevention of trafficking that target the most vulnerable segments of its population;

122.To implement the Action Plan for Anti-Trafficking in Human Beings 2017–2019 approved by the Minister for the Interior of the Republic of Lithuania, the Lithuanian Police Commissioner-General took a decision to set up a Santa Marta Group in the police, instructing it to draw up guidelines for developing the network of Santa Marta initiative and recommendations for the development of its activities in municipalities.

123.In 2016–2017, police representatives held meetings with the representatives of the Office of the Prosecutor, Kaunas City Municipality, catholic parish clergy and non-governmental organisation Lithuanian Caritas to discuss possible models of cooperation in providing assistance to victims of trafficking in human beings.

124.A draft project was drawn up under the instruction of the Lithuanian Police Commissioner-General ‘On cooperation between police and clergy in the development of Santa Marta initiative’ (currently under preparation). It provides for:

1.Meetings at Police Headquarters between community officers and police chaplains with representatives of the catholic parishes and non-governmental organisation Lithuanian Caritas operating in the territory of their jurisdiction. The purpose of the meetings is to discuss cooperation possibilities, to set the time line and scope for the joint activities to be carried out as general prevention in combating trafficking in human beings, within the specific activity areas;

2.Assigning to community officers to organise thematic events (meetings, training, etc.) in the territory of each eldership, taking into account the specifics of the territory under the jurisdiction. The purpose of the events: to inform about the forms of trafficking in human beings, about the ways of recruiting and possibilities for helping victims of trafficking in human beings. It is recommended that police chaplains, clergy of the catholic parishes and representatives of the non-governmental organisation Lithuanian Caritas should be involved when organising such events;

3.Providing public with regular information on the prevailing forms of trafficking in human beings, ways of recruiting and helping victims of human trafficking on the community’s Facebook account, on the website of a police establishment and in media press-releases. Also, raising awareness of the best practice cases (information on cases of crime prevention, effective assistance, productive cooperation with social partners, etc.);

4.Appointing responsible staff for the participation in the activities of municipal co-ordination commissions for combating trafficking in human beings or other collegial units involved in this field at the place of their operation;

5.The Lithuanian Police School should include the sub-theme of cooperation with the clergy in the field of general prevention in the content of the trainings “Community officer activities”.

(d) provide the police, prosecutors, judges and migration and border officers with specialized training on the Convention and relevant international human rights instruments.

125.In the light of the commitments undertaken by the Republic of Lithuania under the Convention and other international instruments, the State Border Guard Service of the Ministry of the Interior holds annual training courses on the fight against trafficking in human beings aimed at providing special skills to officers in charge of border checks to achieve better efficiency in prevention and fight against trafficking in human beings.

126.The training courses aim to provide officers with knowledge about trafficking in human beings, human rights violations, their consequences, nature, participants and the mechanism itself; to develop officers’ skills to identify potential victims of trafficking in human beings, as well as suspected traffickers; to improve officers’ skills to make an initial questioning of victims of trafficking in human beings.

127.Training for police officers on trafficking in human beings:

Year	Number of trainings/seminars	Number of participants
2014	1	16
2015	8	160
2016	2	32
2017	3	53

128.Prosecutors and civil servants of the Office of the Prosecutor have been actively participating in training organised by the Office of the Prosecutor General and other state institutions and non-governmental organisations on trafficking in human beings:

Year	Number of trainings/seminars	Number of participants
2014	1	31
2015	3	5
2016	6	96
2017	7	60

The Committee welcomes the State Party ’ s efforts to adopt the draft law implementing the European Union Victim ’ s directives. It requests further information on the application of these legal provisions to provide reparations to victims for acts of racial discrimination.

129.Taking into account the report submitted by Lithuania on the implementation of the recommendations (Nos. 7, 27, 31 and 36) provided in paragraph 39 of the concluding observations (CERD/C/LTU/CO/6-8) and the information provided in the above-mentioned report by Lithuania on the effective measures of legal protection and redress to victims, please be advised that the Law on the Compensation of Victims of Violent Crimes provides for reparations to victims of violent crimes from the Fund for Victims of Crime. A violent crime is an act having criminal elements of the offence under CC, which deliberately deprives human life, and causes severe or non-severe health impairment, or an act that has elements of a serious or grave crime against human liberty, freedom of person’s sexual self-determination and integrity. It should be noted that Article 169 of the Criminal Code (discrimination on grounds of nationality, race, sex, descent, religion or belonging to other groups) Article 170 (incitement against any national, racial, ethnic, religious or other group of persons) and Article 1701 (creation and activities of the groups and organisations aiming at discriminating a group of persons or inciting against it) are not included in the list of violent crimes subject to reparations from the Fund for Crime Victims, which was approved by Order No. 1R-88 of the Minister for Justice of 20 March 2009. Victims of these crimes, who have suffered material or non-material damage, have the right to bring a civil action in criminal proceedings against a suspect or accused person or persons who are materially liable for the suspected or accused person’s actions. When deciding on conviction, the court, relying on the evidence as regards the reasonableness and size of the civil action, fully or partially satisfies the civil action or rejects it.

130.Please also note that reparations from the Fund for Victims of Crime may be made to victims of violent crimes that could have been committed against a group of persons or a person belonging to the group on the grounds of age, gender, sexual orientation, disability, race, nationality, language, origin, social status, belief, convictions or attitudes (e.g. under Article 129 of CC (murder), Article 135 (severe health impairment) and Article 138 (non-severe health impairment). Lithuania gathers no separate statistical information on requests for reparations from the Fund for Crime Victims for violent crimes that could have been committed against a group of persons or a person belonging to the group to express hatred on the grounds of race. However, it should be noted that this reparation mechanism is working efficiently, and pre-trial investigation officers take active efforts to inform victims of violent crimes about the access to the Fund for Victims of Violent Crimes.

131.Though the national judicial administration has no legislative right, it nevertheless is closely involved in the legislative processes initiated by other entities by drawing conclusions, opinions on draft legislation related to the representation of the interests of the courts (the judicial community), the organisation of court proceedings by ensuring proper implementation of the rights of the participants in the proceedings (including victims, witnesses), and it is also involved in drafting laws, implementing legislation adopted by the Judicial Council, but it does no monitoring of the implementation of European Union directives (including the Victims’ Directive).

Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights instruments that it has not yet ratified, in particular treaties with provisions that have direct relevance to communities that may be subjected to racial discrimination, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Domestic Workers Convention, 2011 (No. 189) of the International Labour Organization.

On ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

132.In accordance with the national and European Union legislation, as well as United Nations human rights instruments legally binding to Lithuania, migrant workers and members of their families are entitled to certain rights, but for the moment there is no foreseeable extension of these rights in the manner required by this Convention, in particular as related to the broad and unconditional application of the principle of equal treatment in areas such as education, housing, social services, health services. We believe that the instruments of national law, the bilateral agreements signed and the existing or deliberated EU legislation represent adequate protection of the rights of migrants from third countries.

On ratification of the Domestic Workers Convention No. 189 of ILO

133.In principle while supporting of the aspirations of the International Labour Organization, Lithuania ensures the fundamental rights and freedoms of domestic workers, including those of children working in households, through its national legislation. Taking into account the fact that domestic work in Lithuania is not very widespread, the Labour Code of the Republic of Lithuania does not contain any specific provisions regulating domestic work. European Union legislation already regulates some aspects covered by Convention No. 189. It is noteworthy that in many areas European Union law provides for greater protection of migrant workers’ rights than ILO Convention No. 189.

In the light of its general recommendation No. 33 (2009) on the follow-up to the Durban Review Conference, the Committee recommends that, when implementing the Convention in its domestic legal order, the State party give effect to the Durban Declaration and Programme of Action, adopted in September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the outcome document of the Durban Review Conference, held in Geneva in April 2009. The Committee requests that the State party include in its next periodic report specific information on action plans and other measures taken to implement the Durban Declaration and Programme of Action at the national level.

134.The Ministry of Social Security and Labour of the Republic of Lithuania coordinates the Action Plan for Promotion of Non-discrimination for 2017–2019. The Constitution of the Republic of Lithuania and the Law on Equal Treatment broadly correspond to the provisions of European Union legislation and international treaties of the Republic of Lithuania on non-discrimination, however, since non-discrimination is a horizontal priority which should be implemented across all areas: education, transport, culture, work, integration of persons with disabilities and other fields, which require ensuring equal opportunities for all, it is necessary to make additional efforts and ensure that legislation contains no discriminative provisions against any group of people.

135.The Action Plan is implemented from the general appropriations from the state budget of the Republic of Lithuania approved for relevant institutions and bodies responsible for the implementation of the measures of the Action Plan, and from 2014–2020 European Union Structural Funds. The state institutions and bodies implementing the measures of the Action Plan shall submit to the Ministry of Social Security and Labour written information on the progress and results of the implementation of the Action Plan, taking into account the approved objectives and measures of the Action Plan and the relevant appropriations provided for in Section IV of the Action Plan as well as the evaluation criteria and their values specified in Section V of the Action Plan, by the 18th of the month following the end of each quarter, or by 20th of January following the end of the year.

In the light of General Assembly resolution 68/237, in whi ch the Assembly proclaimed 2015– 2024 the International Decade for People of African Descent, and Assembly resolution 69/16 on the programme of activities for the implementation of the Decade, the Committee recommends that the State party prepare and implement a suitable programme of measures and policies. The Committee requests that the State party includes in its next report precise information on the concrete measures adopted in that framework, taking into account its general recommendation No. 34 (2011) on racial discrimination against people of African descent.

136.The Ministry of Social Security and Labour coordinates the Inter-institutional Action Plan for Promotion of Non-discrimination for 2011–2019, which aims to ensure the implementation of educational non-discrimination and equal opportunities-driven measures and to increase legal awareness, mutual understanding and tolerance on the grounds of gender, race, nationality, language, origin, social status, religion, beliefs or attitudes, age, sexual orientation, disability, ethnicity, religion, and to inform the public about the manifestations of discrimination in Lithuania and its negative impact on the ability of certain groups of society to participate actively in society on an equal rights.

137.The measures include training and educational events on issues of integration into society and equal opportunities, as well as activities ensuring inclusion of national minorities in the labour market, raising inter-cultural awareness and promoting cultural heritage of national minorities and migrants, they also include social advertising in public transport on non-discrimination.

138.It has also been foreseen to hold public events that promote tolerance, awareness and interest in the culture, history and heritage of people of African descent. The measures provide for the following activities: to contribute to the celebration of the International Decade for People of African Descent in 2015–2024, and taking into account the Committee’s concluding observations on the sixth, seventh and eighth periodic reports of Lithuania, events are organised to promote mutual understanding, tolerance, awareness and inter-cultural dialogue, along with annual public events, conferences and discussions that promote the interest of the Lithuanian society in African culture and history, and efforts are taken to promote opportunities for economic cooperation. The implementation of the measure is carried out by the Ministry of Foreign Affairs.

139.On 22–28 May 2017, Vilnius and Kaunas held different events to celebrate the African Days. The festival is organised annually by the Ministry of Foreign Affairs together with partners. The Africa Days programme included an international conference on ICT4D in Africa on the opportunities for Lithuanian businesses in financial technologies in Africa; the opening of the Africa Days featured two exhibitions: the contest of photographs “My Pictures of Africa” held by the Ministry of Foreign Affairs.

140.The Africa Days festival featured different lecturers: a talk given on South Sudan by development cooperation journalist from Mexico, Elva Narci; a lecture-discussion on (non)moral economic cases not only in Africa but also in the world with expert on global development Dr. Jörg Wiegratz from the University of Leeds. Cultural events were also organised: screening films about Africa at the cinema, a photo exhibition ‘Window to Africa’, the afternoon poetry reading ‘Slemas Africa’, the forum theatre ‘Nigerian in Lithuania’, the Africa Night 2017 concert.

The Committee recommends that the State party consult and expand its dialogue with civil society organizations working in the area of human rights protection, in particular those working to combat racial discrimination, in connection with the preparation of its next periodic report and in follow-up to the present concluding observations.

141.The NMD collaborates with representatives of the National Equality and Diversity Forum. The Forum seeks to bring together non-governmental organisations representing vulnerable groups of the population (on the grounds of gender, age, disability, religion, racial or ethnic origin, sexual orientation), as well as resources and experience for effective anti-discrimination activities related to overseeing of anti-discrimination policy measures and their development process. The NMD publishes its annual activity reports and draft reports on its website www.tmde.lt, inviting all NGOs to provide their feedback and recommendations.

142.The Republic of Lithuania cooperates with civil society organisations in the preparation of the Universal Periodic Review reports.

143.It is worth noting that the Action Plan for Promotion of Non-discrimination for 2017–2019 includes, among other tasks, the development of a dialogue with civil society, international organisations operating in Lithuania in the field of promotion of non-discrimination and tolerance. MoSSL holds meetings and discussions with NGOs.

Amendment to article 8 of the Convention. The Committee welcomes the efforts taken by the State party to implement this recommendation, and requests further information on when the amendment to the treaty will enter into force.

144.The Republic of Lithuania has ratified the amendment to Article 8 of the International Convention on the Elimination of All Forms of Racial Discrimination, in compliance with the recommendation of the Committee and the assumed commitments. The adoption date is 12 January 2017.

The Committee encourages the State party to make the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints.

145.Having considered the possibility of making optional declaration provided for in Article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints, the Republic of Lithuania hereby declares that it is not planning to make such a statement in the foreseeable future. The decision has involved the assessment of the number and the content of the statements of the states having recognised the competence of the Committee to receive and consider individual complaints, lodged with the depositary under Article 14 of the Convention (with particular focus on the high number of exceptions). In addition, the existing mechanisms of redress in Lithuania (the possibility of appeals to national courts, submission of individual complaints to the Human Rights Committee under the International Covenant on Civil and Political Rights, as well as complaints to the European Court of Human Rights under the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms) are seen as sufficient.

The Committee encourages the State party to update its core document, which dates to 1998, in accordance with the harmonized guidelines on reporting under the international human rights treaties, in particular those on the common core document, as adopted at the fifth inter-committee meeting of the human rights treaty bodies held in June 2006 (HRI/GEN/2/Rev.6, chap. I). In the light of General Assembly resolution 68/268, the Committee urges the State party to observe the limit of 42,400 words for common core documents.

146.The Republic of Lithuania is currently considering the possibility of updating the core document in the nearest future.

The Committee recommends that the State party ’ s reports be made readily accessible to the general public at the time of their submission and that the concluding observations of the Committee with respect to those reports be similarly publicized in the official and other commonly used languages, as appropriate.

147.All reports submitted by the Republic of Lithuania under the international conventions ratified by the Republic of Lithuania are published on the website of the Ministry of Foreign Affairs of the Republic of Lithuania. Reports under the International Convention on the Elimination of All Forms of Racial Discrimination are also available to the public on the website of the Ministry of Foreign Affairs of the Republic of Lithuania.

148.In addition, to achieve greater publicity, we undertake to transfer this report, immediately after its submission to the Committee, to Lithuanian non-governmental organisations working on human rights with a view to placing the report in a wider network of publicly available sources.

III.Information under articles of the Convention

149.In light of the detailed responses provided above with regard to the Committee’s recommendations (Committee’s concluding observations CERD/C/LTU/CO/6-8), which include certain legislative provisions, policies and programmes, please find below relevant information under the articles of the Convention. Please note that in order not to repeat the above-mentioned information and information provided in previous reports, considering the limited scope of the periodic report, and following the Committee’s guidelines, we do not provide a detailed analysis of all legal acts, policies, plans and programmes existing in the Republic of Lithuania, focusing instead on specific legislation adopted and programmes, training, etc. that have been carried out. Information under the articles of the Convention supplements the above information.

Article 2

150.Article 29 of the Constitution of the Republic of Lithuania establishes the principle of non-discrimination of all persons. Articles 169, 170, 171 of the CC provide for criminal liability for discrimination on the grounds of nationality, race, sex, descent, religion or belonging to other groups, incitement against any ethnic, religious or other group of people of any nation or race, or the creation or activity of groups or organisations aiming at discriminating a group of persons or inciting against it. It needs to be noted that all the mentioned articles of the criminal law refer to analogous grounds for promoting discrimination, contempt, and inciting discrimination, violence or hatred, i.e.: age, gender, sexual orientation, disability, race, nationality, language, origin (covering any kind of origin — social, national, ethnic, etc.), social status, beliefs, convictions and attitudes.

151.Please be advised that the Law on Equal Treatment was amended by Law No. XIII-618 of 11 July 2017 providing for an extended list of prohibited grounds for discrimination, including the citizenship as a new prohibited grounds for discrimination. Article 2 of the Law on Equal Treatment was amended by supplementing it with paragraph 6 that consolidates the concept of the citizenship and defines the citizenship as ‘the citizenship of the citizens of the European Union and European Economic Area and their family members’. This amendment aims to implement the provisions of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers. Thus, discrimination on grounds of the citizenship (as citizenship is defined in Article 2 (6) of the Law on Equal Treatment is prohibited in all areas of application of the Law on Equal Treatment.

152.It is important to note that Law No. XII-2768 of 17 November 2016 has extended the competence of the Equal Opportunities Ombudsperson adding new functions, i.e. under the provisions of Article 17 (2) of the Law on Equal Treatment, the Equal Opportunities Ombudsperson, apart from other mandatory activities, “carries out preventive and educational activities and promotes equal treatment”. It is noteworthy that the Equal Opportunities Ombudsperson can also carry out preventive and educational activities related to the elimination of racial discrimination.

153.With reference to recommendation D under Article 2 of the Guidelines for the CERD-Specific Document (CERD/C/2007/1), please find below information on special and concrete measures taken to improve the integration of foreigners, persons who were resettled or arrived themselves.

154.On 24 January 2016, the Vilnius City Municipality Council approved the Agreement on Cooperation in the Field of Social Integration of Foreigners concluded between Caritas of the Archdiocese of Vilnius, the Lithuanian Jesuit Province and the Vilnius City municipality, which aims to facilitate the smooth integration of foreigners, who were resettled or arrived in the territory of the Republic of Lithuania and were accommodated in the Vilnius City municipality.

155.In 2017, the Vilnius City municipality financed 25 projects for the cultural integration of national minorities. (See Annex 2)

Article 3

156.The Action Plan for Promotion of Non-discrimination for 2011–2019 coordinated by the Ministry of Social Security and Labour covers the following areas of activity: improvement of legal regulation; public information and education; non-discrimination research and reviews; strengthening inter-institutional cooperation. The Action Plan measures are expected to increase respect for a person regardless of his gender, race, nationality, language, origin, social status, belief, beliefs or views, age, sexual orientation, disability, ethnicity, religion, to increase public tolerance, reduce discrimination against other people, to improve the legislation ensuring equal opportunities for participation in public life and measures for their effective implementation, and to strengthen inter-institutional cooperation in the field of non-discrimination.

157.The implementation of the Plan is overseen by the Ministry of Social Security and Labour, thus ensuring the coordination of the activities of the Lithuanian authorities and the implementation of the Plan.

Article 4

158.Article 29 of the Constitution of the Republic of Lithuania stipulates that a person may not have his rights restricted in any way, or be granted any privileges, on the basis of his or her sex, race, nationality, language, origin, social status, religion, convictions, or opinions. Other (the above-mentioned) laws ensure the implementation of this constitutional principle.

159.Additional measures to ensure the principle of non-discrimination were taken in the above-mentioned Action Plan for Promotion of Non-discrimination for 2011–2019.

Article 5

I.Political and civil rights

160.Article 29 of the Constitution of the Republic of Lithuania provides that all people shall be equal before the law, the court, and other State institutions and officers. Articles 169, 170, 1701 of CC provide for criminal liability for discrimination.

161.Legal acts regulating the exercise of the right of citizens to take part in the Government and in the conduct of public affairs at any level, and equal access to public service do not impose any restrictions on grounds of race, skin colour, nationality or ethnicity.

Legislation

162.A Law on Legislative Framework of the Republic of Lithuania came into effect on 1 January 2014 providing for public consultations (Article 7). The purpose of the public consultation is to ensure openness of the legislation, transparency, to find out public opinion about the problems of legal regulation and ways to address them, to enable people to influence the content of the draft legislation, to better assess the positive and negative consequences of the foreseen legal regulation, the costs of its implementation, to submit proposals for legislative initiatives and draft legislation, as well as for legal regulation under monitoring. Following the Law on Legislative Framework, the public must be consulted in a timely manner and on issues of substance (effectiveness of consultation), as well as to the extent necessary (proportionality of consultation). The Law on Legislative Framework also provides for the impact assessment institute (Article 15), monitoring of legal regulation (fourth section) and other instruments aimed at as wide as possible public involvement (both natural and legal persons) in the decision-making process and assessment of the impact of legal regulation on public relations. It needs to be noted that all persons have equal rights to use the means provided by the Law on Legislative Framework as regards the participation in decision-making, regardless of race, colour, nationality or ethnic origin.

163.The Plan for the Implementation of the Programme of the Government of the Republic of Lithuania provides for continued improvement of the legislative processes. It is worth mentioning the review of the application of better regulation tools (impact assessment, reduced administrative burden, monitoring of legal regulation, public consultation, etc.) in the legislative process, strengthening of interconnections and efficiency, as well as preparation of an ex-post evaluation model in the Lithuanian legal system and its introduction in the cycle of the legislative process.

Political parties

164.Article 35 of the Constitution of the Republic of Lithuania provides for the right to freely form political parties, and associations. It needs to be noted that in order to enable the citizens of the European Union to participate in the political life of the Republic of Lithuania, the Law on Political Parties provides, as of 1 January 2015, that political party members may be not only citizens of the Republic of Lithuania who have reached the age of 18 but also citizens of the Member States of the European Union who permanently reside in the territory of the Republic of Lithuania and who have reached the age of 18 and are not members of other parties or political organisations.

Elections

165.Since 2014, according to the legal regulation of the Republic of Lithuania, candidates to the European Parliament and municipal council may be nominated by political parties and public election committees. A public election committee means a group of electors formed in accordance with the Law on Elections to the European Parliament or the Law on Elections to Municipal Councils entitled to nominate a list of candidates for elections to the European Parliament or to municipal councils. The election committee consists of voters who must have at least twice the number of Members of the European Parliament to be elected in the Republic of Lithuania or at least twice the number of council members to be elected in municipal councils. Election committees are registered by the Central Electoral Commission.

166.It needs to be noted that every permanent resident of the municipality who on the day of election is twenty years of age may nominate himself, be nominated by a party or the election committee to run for the office of a councillor or mayor in local elections.

II.Legal status of certain groups of people and measures applicable for their integration

167.See the above information on the integration of the Roma as well as the integration of migrants, refugees and incomers.

Article 6

168.Since 2014, a number of amendments have been adopted to the Law on Criminal Procedure related to the protection of victims and the strengthening of their situation in the criminal proceedings.

1.On 25 of March 2014, CCP amendments came into force providing for the protection of minors in criminal proceedings by expanding the list of circumstances for holding a closed court hearing. A closed court hearing may be held only if a minor is recognized as a victim. The amendments consolidate provisions on compulsory audio and video recording both during the pre-trial investigation and in the actual proceedings, in order to ensure that the child should not be summoned to court hearing at all. Following the consolidation of the compulsory recording during the pre-trial investigation, the recording can be run during the trial examination at the trial hearing. If a child is summoned before the court, he shall be ensured a possibility of not being in the same room with the other parties to the proceedings, as well as a possibility of being interviewed by using audio and video recording equipment.

2.On the 23rd of July 2014, the CCP amendments came into force providing for conditions to better protect the rights and legitimate interests of the victims of criminal proceedings that may result in a mental trauma or have other serious consequences, to minimise secondary victimisation, to enable them to give correct testimony unhindered: it has been established that the court may now choose not to hold open proceedings where it is believed that it may result in a mental trauma or other serious consequences for the victim. It has been foreseen that the rules for hearing juvenile witnesses and victims in the pre-trial investigation are also applicable in the case of individuals that are likely to suffer a mental trauma or other serious consequences as a result of the hearing, i.e. such individuals could be heard by a judge of pre-trial investigation, they could be heard only one time, and audio and video recordings could be made during their hearing, and such individuals could be summoned to a hearing only in exceptional cases, and so on. Respective amendments have been made regarding the hearing during the proceedings, i.e. providing for a possibility of reading out the testimony given to the pre-trial judge by the victim that is likely to suffer a mental trauma or other serious consequences as a result of the hearing. It is also stipulated that if the victim is likely to suffer a mental trauma or other serious consequences as a result of the hearing (during the proceedings), the hearing of this individual shall be conducted subject to rules for hearing juvenile victims. It has been stipulated that questions shall be asked, as in the case of minors, only through the presiding judge at the trial court, and, if necessary, through a representative.

3.On 1 January 2015, CCP amendments came into force regarding the mandatory legal aid in the case of the child victim, providing for a mandatory participation of an authorised representative (a lawyer, or an assistant to the lawyer, or other person holding a legal degree) in the cases dealing with offences against human rights, the freedom of sexual self-determination and integrity, against the child and the family or morality, where a minor is recognized as a victim. It has also been provided that a pre-trial investigation officer or a prosecutor, through a reasoned decision, or the court, through a reasoned decision, has the right to recognize that the participation of an authorised representative is also necessary in other cases if, in their opinion, the juvenile victim’s rights and legitimate interests are not adequately defended without the authorised representative’s assistance. In these cases, if the authorised representative does not take part at the request of the victim himself or at the request of his legal representative, the pre-trial investigation officer, the prosecutor or the court must notify the authority organising state-guaranteed legal aid or a coordinator named by him about the fact that the victim needs an authorised representative, and to appoint an authorised representative named by this authority.

4.The CCP amendments of 19 May 2015 have extended the content of non-custodial measures: the content of the obligation to live apart from the victim, as provided for in Article 1321 of the CCP, i.e. according to this provision, the suspect may be obliged not only to live apart from the victim but also to keep a certain distance away from the victim, it has also been stipulated that the suspect may be obliged to stop communication in any form or seek contacts with the victim or with the persons living with the victim.

5.On 6 May 2017, CCP amendments came into force introducing a general provision applicable in all cases, which would oblige pre-trial investigation institutions, the prosecutor or the court to determine in a criminal proceeding, without undue delay (that is, within the shortest time possible) whether the participants in the criminal proceedings know the Lithuanian language and whether there is a need to have an interpreter for the respective process participant to understand the ongoing criminal proceedings. Having found that the participant in the criminal proceedings does not speak the language of the proceedings, he must be immediately guaranteed the right to use the services of an interpreter and the right to have a written translation of the case documents in accordance with the procedure established by the CCP.

6.On 14 March 2017, CCP amendments were adopted in the field of the protection of minors in criminal proceedings: the mandatory participation of a psychologist and child rights specialist in hearing of juvenile witnesses and victims. A clear distinction between the functions of the psychologist and the child rights specialist has been ensured. It has been established that child victims and witnesses shall be interviewed in all cases in premises adapted for child interviews. In order to prevent the possible negative impact on the under-aged victim or witness by the other participants to the proceedings, no one else shall be present apart from the child himself in the child interview room except a psychologist and a representative of a child, after having established that he will not affect the child to be interviewed. These amendments will come into force on 01.07.2018.

169.On 1 January 2017, the Code of Administrative Offences of the Republic of Lithuania came into force replacing the previous Code of Administrative Violations of Law of the Republic of Lithuania. In the new Code of Administrative Offences. the aggravating circumstances include cases in which an administrative offence was committed when showing hatred for a person (persons) or discriminating against a person(s) on the grounds of sex, race, nationality, language, origin, social status, belief, convictions, attitudes or other grounds. The Code also lays down the principle of administrative offences proceedings preventing restrictions or exceptions on the grounds of origin, nationality, race, gender, language, religious or political views and other circumstances, which would lead to unequal application of laws.

Article 7

Public education

170.In order to raise public awareness of human rights, in 2014 and 2015, the Ministry of Justice organised legal training courses ‘I know my rights’ in 30 general education schools across Lithuania. In 2015, the Ministry organised a project of free legal consultations in 15 cities and towns of Lithuania and an information campaign on legal education in the national press and on television. In 2016, it held an information campaign in the regional press and radio, national radio, the Internet and social networks. The Ministry of Justice also issues information publications, provides information on human rights and freedoms, and has held, for the past 11 years, a Constitution examination, which enables people to refresh their legal knowledge. The purpose of this exam is to introduce the most important citizen’s rights and obligations enshrined in the Constitution to various groups in Lithuania. The exam can be held across all the municipalities of the country, more than 500 general education schools and 11 higher education schools, 10 prisons and the Seimas. It can also be taken on-line.

Education of children

I.Formal education

171.In the field of general education, the common core curricula of primary, basic and secondary education aim to incorporate the UN Convention-related education objectives of the prevention of racial discrimination.

172.In primary education, the following is taught during the classes of environmental science and ethics:

Understanding of what is typical of most boys and girls, and what is typical of me alone. Considerations as to what makes us similar and different. Realisation that every boy or girl is unique and loved (grades 1–2);

Understanding why bullying cannot be made due to different appearance, gender, nationality, race or other faith (grades 3–4).

173.In basic education, the course on ethics includes:

Mentioning peoples and national minorities that peacefully coexist in Lithuania. Providing information about settlement of the Karaims, Tatars, Jews, Roma and other national minorities in Lithuania. Explaining the importance of respect and tolerance for all peoples, nationalities and races. (grades 5–6);

Recognising cases of violation of personal rights. Knowledge of basic human rights and responsibilities. Telling the story of the emergence of the Declaration of Human Rights. Explaining stereotype thinking and ways to prevent it (grades 7–8);

Recognising the importance of promoting equal opportunities and rights. Identifying and critically judging on cases of discrimination on the grounds of sex, age, ethnicity or race. Explaining the concepts of equal opportunities and discrimination. Mentioning documents and institutions that protect the rights and promote equal opportunities. Critical approach to violence as a way to address problems. Reflecting on reasons for discord and hate, and anticipating possible consequences (grades 9–10);

Reporting harmful information on the Internet (of pornographic, paedophilic nature and inciting racial and national strife, violence or bullying). Following the rules of the safer internet. (grades 9–10).

174.In secondary education, the course on ethics includes:

Teaching tolerance to social, gender, cultural, religious, etc. differences; developing critical and reasonable thinking: well-argued reasoning about social relations, norms, rules and stereotypes (grades 11–12).

175.The criteria for the evaluation of the content of textbooks, developed by the Education Development Centre contain an evaluation area “The appropriateness of the material for the development of value-based attitudes”. These criteria help to ensure a non-discriminatory attitude towards different races in textbooks and teaching aids.

II.Non-formal education activities

176.In 2003, Lithuania started building the network of Centres for Citizenship and Tolerance (currently about 130), with the majority of them operating in schools of general education, educational centres, museums and Mykolas Romeris and Klaipėda universities. The Centres for Citizenship and Tolerance provide education on totalitarian regime crimes, prevention of crimes against humanity and promotion of tolerance.

III.Events, projects

177.An educational project Culture Circle, launched in 2016, offers a number of activities aimed at promoting the multicultural Lithuanian heritage, mutual understanding between peoples and ethnic groups, national self-awareness and fostering tolerance.

178.In April–May 2017, a national quiz was held in Lithuanian educational institutions: “Youth Education about the United Nations Goals for Sustainable Development”, aimed at young people aged 10–14 and 15–19. 45 schools were involved in the activities with the participation of 1600 pupils, and 34 teams in the final event. The events of the Global Education Week held in Lithuania on 18–26 November 2017 under the theme “My world depends on us” promoted the citizen-of-the world perception among the pupils, willing to build a fairer and more harmonious future, and conscious of inter-cultural diversity.

IV.Activities aimed at raising teachers’ competence

179.In the autumn of 2017, a round table discussion (in the cities of Klaipėda, Kaunas and Vilnius) was organised for the integration of migrant children. The discussion involved challenges of inter-cultural communication and cooperation, including the involvement in the educational process of representatives of different national minorities and ethnic groups (children and their parents), and the eradication of the stereotypes. Schools participating in the Erasmus+ project I have rights, shared their experience as to how teachers could gain inter-cultural competence based on knowledge of human rights and non-discriminatory values. To this end also, an international conference was held on the teaching (learning) of the mother tongue of national minorities for the purpose of an inter-cultural dialogue: content, experience, directions for improvement and a seminar Inter-cultural Learning and Social Inclusion. Overall, almost 200 teachers took part in the events.