COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES PUBLIC EXAMINATION OF REPORT OF LITHUANIA

CERD
60th session
6 March 2002
Morning



The Committee on the Elimination of Racial Discrimination this morning concluded its public examination of an initial report from Lithuania with an Expert saying that the country had made remarkable progress in the field of human rights over the course of the last ten years.
Francois Lonseny Fall, the Committee Expert who served as country rapporteur to the report of Lithuania, said that since the provisions of the Convention could not be directly invoked before the courts, the Government should bring domestic legislation in line with the Convention on the Elimination of All Forms of Racial Discrimination. He said the new criminal code that had not yet entered into force should satisfy the requirements of article 4 of the Convention on prohibition of organizations and propaganda which were based on ideas of superiority of one race or group of persons of one ethnic origin.
Mr. Fall also said that the procedure to restrict the immigration of people who had knowledge of confidential or top secret documents undermined the provisions of the Convention; and the Government should revise its rule on that issue.
In response to questions raised by Committee Experts, the members of the Lithuanian delegation, led by Deputy Minister of Foreign Affairs Darius Jurgelevicius, said, among other things, that the Government was considering its position on the optional declaration of article 14 of the Convention on the recognition of the competence of the Committee to receive individual complaints.
The delegation further told the Committee that the right to acquire immovable property was allowed for Lithuanian citizens and foreigners, adding that only the acquisition of agricultural land was constitutionally limited to citizens.
Also participating in the debate were Alexander Sicilianos, Jose A. Lindgren Alves, Raghavan Vasudevan Pillai, Agha Shahi, Regis de Gouttes, Yuri A. Reshetov and Mahmoud Aboul-Nasr.
As one of the 161 States parties to the Convention, Lithuania must submit periodic summaries of its efforts to implement the provisions of the treaty.
The Committee will issue its concluding observations and recommendations on the report of Lithuania in the course of its current session, which ends on 22 March.
Before adjourning its morning meeting, the Committee discussed its contribution to and the outcome of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
When the Committee reconvenes at 3 p.m., it will take up the fifth periodic report of Croatia.

Response of Lithuania
In response to questions raised by Committee members during yesterday's meeting, the members of the Lithuanian delegation said that the Government was considering its position on the optional declaration of article 14 of the Convention on the recognition of the competence of the Committee to receive individual complaints.
There was no discrimination against the right to inheritance on grounds of race or nationality, the delegation said. All persons living in the country enjoyed the same right to inheritance.
The right to acquire immovable property was allowed for Lithuanian citizens and foreigners, the delegation said, adding that only the acquisition of agricultural land was constitutionally limited to citizens.
Lithuanian citizens who held state secrets were not allowed to migrate for at least five years after their application to do so, the delegation said. Persons who held other categories of confidential information were not permitted to migrate for at least two years after their application.
The delegation said that foreigners who permanently resided in Lithuania could participate in elections at the municipal level; and they could elect and be elected.
The new criminal code, which was adopted by the parliament in September 2002, had not yet entered into force because of the delay in adopting the criminal procedural code, the delegation said. It was expected that both codes would be put into effect by next year.
Asked about the imprisoned Afghan asylum seekers, the delegation said that they had been imprisoned in accordance with the country's law on foreigners and refugees. The Afghans had been brought before the courts that decided to place them in a centre for foreigners, following a police investigation of the individuals. In the course of their appearance before the courts, their basic rights had been respected and they had been able to express their opinions.
The number of Roma people living in Lithuania did not exceed 3,000 and their rights were protected under the Law on Ethnic Minorities which guaranteed all citizens, regardless of their nationality, equal political, economic and social rights and freedoms, the delegation said. The Roma people were well integrated into the Lithuanian society. A Roma Community Centre had been created to promote their culture and traditions. Sixty Roma children were attending special schools in the capital while others frequented general schools.
Responding to follow-up questions raised by Committee Experts, the members of the Lithuanian delegation said that the law on state secrets stipulated that those who held "top secrets" were not allowed to migrate before five years of their separation from such posts. However, their right to the freedom to movement was not restricted within the country.
FRANCOIS LONSENY FALL, the Committee Expert who served as country rapporteur to the report of Lithuania, said that the country had made remarkable progress in the field of human rights during the last ten years. Since the provisions of the Convention could not be directly invoked before the courts, the Government should bring domestic legislation in line with the Convention. The new criminal code that had not yet entered into force should satisfy the requirements of article 4 of the Convention on the prohibition of organizations and propaganda, which were based on ideas of superiority of one race or group of persons of one ethnic origin.
Mr. Fall also said that victims of racial discrimination should receive compensation for the prejudice they were subjected to. The situation of ethnic minorities in the country, including the Roma people, was a concern for the Committee. He said the procedure to restrict immigration of people who had knowledge of confidential or top secret documents undermined the provisions of the Convention; and the Government should revise its rule on that issue. The desire of the Government to approve the optional declaration under article 14 of the Convention on the competence of the Committee to receive individual complaints was a welcome gesture toward the full implementation of the provisions of the treaty.



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