COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF LIECHTENSTEIN

Committee on Elimination of Racial Discrimination

28 February 2007


The Committee on the Elimination of Racial Discrimination has considered the second and third periodic reports of Liechtenstein on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

Presenting the report, Patrick Ritter, Deputy Permanent Representative of Liechtenstein to the United Nations in New York, observed that the present dialogue was taking place just two weeks after the official launch of the "European Year of Equal Opportunities for All" in Liechtenstein. That event constituted another building block in the efforts of Liechtenstein to raise public awareness for the importance of the fight against racial discrimination and for the potential for genuine integration. Close involvement of civil society in the ongoing discussions at local and national levels on this topic had the great advantage of anchoring political decisions better in the constituencies. The potential benefits of the direct democratic elements of Liechtenstein's governmental system for the fight against racial discrimination were reflected in the initiative taken by a group of youth who had managed to gather enough support for a parliamentary petition to strengthen the criminal code with regard to the display of symbols with racist connotations. The fact that that initiative had been taken by young people with the support of the Office of Equal Opportunities gave them hope that the close involvement of civil society in the awareness-raising measures of the Liechtenstein authorities was bearing fruit.

In preliminary concluding observations, Alexei Avtonomov, the Committee Expert serving as country Rapporteur for the report of Liechtenstein, noticed that there existed a flexible approach in Liechtenstein, and at least the Government was thinking about things like reducing the residence requirement for naturalization of persons who had become familiar with the culture and customs. He noted with appreciation that Liechtenstein had made a declaration under article 14 of the Convention, recognizing the Committee's competence to hear complaints from individuals, and that Liechtenstein had ratified Article 8. Of particular note regarding action to combat right-wing ideologies was the special study undertaken concerning the role of Liechtenstein in World War II, as well as police and judicial measures. The most important thing was to prevent such ideology from growing and taking root. For that reason, a study should be undertaken to discover the origins and root causes of those affiliations.

Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, the status of the Convention in domestic law; measures to reintegrate unemployed middle-aged foreign male workers into the labour force and society; citizenship laws, which required either a 30-year residence in the country, or a 5-year residence coupled with a favourable vote from the local municipality, which could lead to discrimination on the basis of nationality; what results had been obtained from programmes for the integration of Muslims established in 2004; what were the root causes of growing right-wing extremism in Liechtenstein; and whether racist motivation for a crime constituted aggravated circumstances.

The delegation of Liechtenstein also included representatives from the Permanent Mission of Liechtenstein to the United Nations Office at Geneva, as well as representatives of the National Police, the Liechtenstein Court of Justice, the Office for Foreign Affairs, the Office for Equal Rights, and the Immigration and Passport Office.

The Committee will present its written observations and recommendations on the second and third periodic reports of Liechtenstein, which were presented in one document, at the end of its session, which concludes on 9 March.

When the Committee reconvenes at 3 p.m. this afternoon, it is scheduled to take up the initial to ninth periodic reports of Antigua and Barbuda (CERD/C/ATG/9).

Report of Liechtenstein

At the end of 2004, Liechtenstein had a resident population of 34,600 people, according to the second and third periodic reports of Liechtenstein, submitted in one document (CERD/C/LIE/4). Some 34 per cent of the population are foreigners, 49.8 per cent of them coming from the countries of the European Economic Area, 30.5 per cent from Switzerland, and 19.7 per cent from third countries, including 7.5 per cent from Turkey and 4.4 per cent from Serbia and Montenegro. At the end of 2002, 76 per cent of the overall population were Roman-Catholic, 7 per cent were Protestant, and 4.1 per cent Muslim, whereas 10.8 per cent provided no data on religious affiliation. In addition, a large part of the workers must be recruited abroad and commute across the national borders.

In June 2002, the Government established an inter-office working group for a National Action Plan against Racism, with the goal of implementing the recommendations of the Committee on the Elimination of Racial Discrimination, the recommendations of the European Commission against Racism and Intolerance, and the provisions of the Durban Programme of Action of September 2001. On 24 May 2005, this working group was given the additional mandate of anti-Semitism, and was renamed the Working Group against Racism, Anti-Semitism, and Xenophobia on 17 August 2005. In collaboration with the National Police, the Working Group organized a training programme in October 2002 on the topic of human rights and the fight against racism. This topic was integrated into general police training starting in 2003. The Conference of Office Directors and the Conference of School Directors were also briefed on the activities of the Working Group and asked for their cooperation. In 2004 and 2005, an awareness-raising event on racism was initiated and co-funded for the apprentices of the National Administration with an expert in intercultural conflict-resolution. At the same time, a seminar was organized and co-funded within the National Administration on the topic of “Intercultural Communication”, which was offered twice due to high demand. All staff members of the Immigration and Passport Office were required to participate in this seminar.

In 2005, an Office of Equal Opportunity was created, expanding on the already existing Office of Gender Equality. At the same time, an Equal Opportunity Commission was created for overall coordination. The Commission has the significant responsibility of determining the strategy, developing comprehensive common solutions, and ensuring that the measures adopted are implemented and that the necessary funds are made available. The Office of Equal Opportunity primarily works in the areas of gender quality, disability, sexual discrimination and sexual orientation, but also on immigration and the integration of foreigners.

Presentation of Report

PATRICK RITTER, Deputy Permanent Representative of Liechtenstein to the United Nations in New York, said that Liechtenstein was committed to strengthening the system of human rights protection within the framework of the United Nations, and was following the reform of the treaty bodies with great interest. In that connection, Liechtenstein had been honoured to make an active contribution to the reform debate as host of the two expert seminars on treaty body reform in 2003 and 2006 (Malbun I and II).

Mr. Ritter observed that the present dialogue was taking place just two weeks after the official launch of the "European Year of Equal Opportunities for All" in Liechtenstein. That event had attracted considerable non-governmental organization participation and a lot of attention among the general public. It constituted another building block in the efforts of Liechtenstein to raise public awareness for the importance of the fight against racial discrimination and for the potential for genuine integration.

Close involvement of civil society in the ongoing discussions concerning integration and the fight against discrimination at local and national levels, while it might result in the reduced speed of reform measures, had, on the other hand, the great advantage of anchoring political decisions better in the constituencies. The potential benefits of the direct-democratic elements for the fight against racial discrimination were reflected in the initiative taken by a group of youth who had managed to gather enough support for a parliamentary petition to strengthen the criminal code with regard to the display of symbols with racist connotations. The fact that that initiative had been taken by young people with the support of the Office of Equal Opportunities gave them hope that the close involvement of civil society in the awareness-raising measures of the Liechtenstein authorities was bearing fruit.

Response by Delegation to Written Questions Supplied in Advance

Responding to the Committee's list of questions, another member of the delegation said, on the issue of the enforcement of the provisions of the Convention in criminal law, that Section 283 of the Criminal Code defined racial discrimination in accordance with article 1 of the Convention. Among other offences, it also criminalized membership in an association that engaged in promoting or inciting racial discrimination, and allowed the prosecution of the members of such associations.

The delegation said that, since Liechtenstein had submitted its last report, five cases under Section 283 had gone to court. Those proceedings concerned discriminatory acts against foreign persons and persons of other races in the form of insults or verbal abuse and the possession of propaganda material or devotional objects. One case arose from religious fanaticism. No physical assaults occurred in any of the cases. Four cases had resulted in convictions, and one perpetrator had been acquitted. Another case had been suspended during police investigations.

With regard to developments in the general legal regime governing the application of the Convention in Liechtenstein, the delegation also wished to mention the revision of the Constitutional Court Act adopted in 2003, which included extending the competence of the Court to hear individual complaints in accordance with Article 14 of the Convention.

Regarding the Office for Equal Opportunity, and its accompanying Commission, which was established in February 2005, the delegation said that had been an important step on the path towards a society free from discrimination. The responsibilities of the Commission, which was appointed by the Government, and the Office of Equal Opportunity included coordinating questions across Government offices relating to equal opportunity, specifying relevant strategies, and drafting recommendations and proposals for the attention of the Government in the area. Observing developments in equal opportunity, monitoring the measures taken, and public outreach to overarching questions of social significance were also integrated into the mandates of the Commission and the Office.

Migration and the integration of foreigners in Liechtenstein was one of the topic areas dealt with by the Office and the Commission. Given the multinational composition of the permanent population of Liechtenstein, the Office and the Commission had developed an integration concept, which the Government was currently evaluating. The concept was based on the revised Ordinance on the Movement of Persons of November 2004, in which the integration of foreigners had been legally enshrined as a political objective for the first time. The delegation stressed that this should be considered not only a milestone for a coherent integration policy, but also an important factor to prevent racial discrimination.

The delegation noted that the majority of the Liechtenstein population were members of the Christian faith. In recent years, the number of persons with Muslim religious affiliation had grown, and Muslims now constituted 5 per cent of the population – the largest non-Christian community in the country. The Government had made particular efforts to advance mutual understanding and the integration of Muslims, establishing a special Working Group on the Integration of Muslims in 2004. The Working Group was currently considering the acquisition of premises for the exercise of the Muslim religion; the creation of resting-places for Muslims in Liechtenstein; and the introduction of Islamic religious instruction at the primary school level. Various integration measures had also already been implemented or initiated. In 2006, the Government had decided to make an annual religious contribution available to the Islamic communities, which corresponded approximately to the annual State contribution per capita that was given to the Christian denominations.

On the issue of measures to combat right-wing extremism, the delegation noted that the last few years had been rather quiet in that regard, with fewer incidents and clashes than in previous years. Nevertheless, a small core group of right-wing extremists had become increasingly networked with groups abroad and had become more strongly politicised than just a few years ago. Two weeks ago, the Government therefore had mandated the Violence Protection Commission to develop a strategy against right-wing extremism in Liechtenstein by the end of the year. The goal was to keep the right-wing scene as small as possible and to keep more young people from becoming ideologized. To that latter end, the prevention campaign, "Respect – please", concerned with youth violence and its various manifestations – including right-wing extremist violence, was being led from February 2007 to July 2008.

In terms of recent developments in the areas of statistics and documentation, the delegation said that the Working Group against Racism, Anti-Semitism and Xenophobia not only had the mandate to implement the five-year National Action Plan against Racism in Liechtenstein, but also to implement the recommendations of the Committee on the Elimination of Racial Discrimination and the European Commission against Racism and Intolerance or to coordinate their implementation. The responsibilities of the Working Group included documentation of incidents of racial discrimination, anti-Semitism, and xenophobia, as well as gathering statistical data in that regard. The study commissioned from the independent Liechtenstein Institute in 2004 on statistical data on racism and discrimination had been concluded in 2005. The conclusions of the study had highlighted gaps in the collection of both "hard" and "soft" data in connection with racism and discrimination and made concrete recommendations to improve the data situation. In implementation of those conclusions, the Government had appointed a project group to improve the official statistical compilation of such data and a report from that group was expected by the end of this year. The Working Group itself had also been mandated to draft a status report on the situation of racism and integration, to be submitted to the Government by this summer.

Oral Questions Raised by the Rapporteur and Experts

ALEXEI AVTONOMOV, the Committee Expert serving as country Rapporteur for the report of Liechtenstein, welcomed the full responses of the delegation to the Committee's written questions and said it was a sign of Liechtenstein's commitment to fulfilling their obligations under the Convention. He also welcomed the fact that the report had been submitted on time and that the delegation was quite representative, which displayed their interest, and would also make the dialogue more enriching.

Mr. Avtonomov appreciated the efforts made in the report not only to supply new information, but also at giving replies to the Committee's previous questions, as well as the observations and recommendations made on the Liechtenstein's previous report. That was true, in particular, with regard to the preparation of statistics. However, while many actions had been taken, the statistics had still not been ready for this report, and he looked forward to receiving more statistics in the next periodic report.

Mr. Avtonomov also noted with appreciation the declaration made by Liechtenstein under Article 14, accepting the competence of the Committee to consider complaints by individuals.

Also welcome was the deliberate and serious effort being made by the authorities in Liechtenstein to address the issue of right-wing extremism, and the setting up of a Working Group on that topic. In that connection, Mr. Avtonomov observed that programmes had also been established to raise awareness about and remind people of the horrors of the Holocaust. Those were also important in combating right-wing extremism, as it often had its roots in Nazi ideology.

Regarding the Roma, Mr. Avtonomov noted that there had been no mention of the Roma in the report or the presentation. Yet, Roma were present in almost all European countries. Even if there were no resident Roma in Liechtenstein, could the delegation provide any information on Roma transiting through the country?

Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, the status of the Convention in domestic law, in particular if there was a conflict between domestic law and the Convention; measures to reintegrate middle-aged foreign male workers into the labour force and society; citizenship laws, which required either a 30-year residence in the country, or a 5-year residence coupled with a favourable vote from the local municipality, which could lead to discrimination on the basis of nationality; what results had been obtained since the establishment of programmes for the integration of Muslims in 2004; what were the root causes of growing right-wing extremism, and some clarification of the international context of that phenomenon in Liechtenstein; and whether racist motivation for a crime constituted aggravated circumstances.

Response by Delegation to Oral Questions

In terms of additional measures to raise awareness about right-wing extremism and anti-Semitism, Mr. Ritter said that Liechtenstein had instituted an annual day of remembrance for victims of the Holocaust, which would be held ever year on 27 January. Among the activities to mark that day, high-level experts were invited to discuss surrounding issues, including anti-Semitism. Also anti-Semitism and the Holocaust were part of the curricula of the schools.

One of the measures being contemplated to reduce the spread of right-wing extremist ideology was also the restriction of the movement of members of such groups. In that connection, Mr. Ritter wished to stress that there was no link between such groups and any political parties.

The delegation confirmed that there were no Romas living in Liechtenstein as permanent residents. Every now and then French Romas came to the eastern part of Switzerland, when they were travelling through, and stayed close to the Liechtenstein border. However, since there were no public sites where Romas could stay in Liechtenstein with their mobile homes, Romas did not choose Liechtenstein as a temporary destination.

Regarding cross-border commuters, the delegation reiterated, as stated the report, that such commuters enjoyed the same salary and working conditions as Liechtenstein workers. The daily commuting time for such workers, who mostly came from Switzerland or Austria, was only from 10 to 45 minutes. Given the size of the country, and the fact that over 34 per cent of the resident population were foreigners, the possibility for Liechtenstein to issue residence permits to foreigners working in the country was very limited.

Responding to a request for more background on the integration concept, the delegation said that the integration of foreigners was the first topic dealt with by the Commission on Equal Opportunity, established in 2005. The Commission had drafted an integration policy paper, consisting of a position paper and a concept of action. One important guideline was that the potential and competence of all people living in Liechtenstein, nationals and non-nationals, would be promoted for the benefit of the whole society. The integration measures aimed at promoting co-habitation of all segments of society characterized by mutual respect and tolerance. That objective was to be obtained by achieving equal opportunities for all persons living in Liechtenstein. The concept of action defined eight areas in which integration measures could be implemented. Yesterday, the Government had adopted the position paper, and in the near future it was expected that further integration measures would be implemented.

In terms of action taken on the recommendations of the independent commission of historians on the role of Liechtenstein in World War II, the delegation confirmed that all of those recommendations had been successfully implemented. Among other things, an annual Holocaust remembrance day had been introduced, which was attended by members of the Government, international experts and victims, with specific activities to mark that day held in the schools. In 2006, the Government had also decided to commission a sourcebook that focused on the history of the 1930s and 1940s, and adopted a concept for a teaching aid on the history of that period.

Concerning results achieved by the working group on the integration of the Muslim population in Liechtenstein since its establishment in 2004, the delegation said that, in August 2005, a project had been proposed to introduce Islamic religious instruction in the regular school curricula. Work on that project had progressed to the stage where the Government would be able to present a plan for religious instruction for primary students with a Muslim background this spring. The working group, which included representatives of resident Muslim groups as well as State officials, was also currently dealing with the acquisition of places of worship and cemeteries for the Muslim community, as well as the admission of a German-speaking Imam in Liechtenstein.

An Expert had asked about the situation of foreign elderly men who might suffer from multiple forms of discrimination, complicating their reintegration into the labour market, and had commented that there was a high percentage of such men who were clients of the Office of Social Services. The delegation said that, while it was correct that the reintegration of foreign elderly men was often challenging, the figures were not necessarily higher than average. One of the difficulties was that often those men had been employed as construction workers and had had to abandon that work due to physical pain. Since those men could no longer perform heavy physical work, and often lacked professional training, there were few fields of activities for them to pursue. The Office of Social Services either tried to find them jobs, or offered re-education. Occupational programmes included training in food-processing, recycling and public administration. In any case, foreign elderly people were all guaranteed social security – in all situations.

In terms of the status of the Commission for Equal Opportunities, the delegation said that it did not meet all the criteria contained in the Paris Principles. However, it did supplement in a direct way the existing legal and structural framework for lodging complaints against actions taken or omitted by local and central authorities. That framework was characterized by a high level of accessibility, based not only on physical proximity but also on administrative simplicity. It included, inter alia, the possibility to lodge a complaint with the Administrative Tribunal and/or the Constitutional Court. In order to further diversify and strengthen that regime, the Government had submitted a bill to Parliament for the establishment of a children and young persons ombudsman in accordance with the Paris Principles. The Government did not intend, for the time being, to establish a general human rights institution.

Concerning details of right-wing extremist movements in the country, the core group in Liechtenstein consisted of about 40 adolescents and young adults who were all known to the National Security Unit of the Government. Those persons were loosely organized and had neither a recognizable structure, nor a leader. That group was networked with right-wing groups in Austria, Switzerland and Germany. Police forces in neighbouring countries reported when members of the Liechtenstein right-wing scene attended concerts and demonstrations abroad. Of particular concern was the affiliation of the Liechtenstein extremists with the Austrian Blood and Honour movement, as it was known to be very violent and xenophobic. Although these persons were increasingly ideologized, the delegation emphasized that there had been fewer incidents involving them in Liechtenstein over the past few years. The core members of the group either had jobs, or were going to school or even university. Frankly, they did not know why those young people had become fascinated with right-wing ideology. However, the Government had mandated the Violence Protection Commission to concentrate on that issue and to develop a strategy against right-wing extremism by the end of this year.

A new legal tool to combat right-wing extremism had been provided recently by the adoption of the Diversion Act, which gave the public prosecutor the possibility of sending the perpetrator of such acts to a social worker or to impose alternative punishments, such as social service. Social workers or teachers were also sent to the schools to discuss the problem of right-wing attitudes and behaviour, the delegation said.

In terms of graver penalties for crimes with racist motivations, the Criminal Code stipulated aggravated circumstances for any offence that had been committed for racist or xenophobic motives. Furthermore, the delegation noted, perpetrators might be awarded more severe penalties if they committed such offences as a member of a terrorist or armed criminal organization.

On the question of citizenship requirements, in particular to become a naturalized citizen of Liechtenstein, the delegation said that a working group had been charged to explore the possibilities of amending the current legislation with regard to naturalization. It would look at reducing the overall duration of residence required for automatic naturalization (30 years for adults and 15 for children), as well as the procedure of naturalization through popular vote in the relevant municipality. With regard to the latter procedure, Liechtenstein would closely follow relevant developments in Switzerland, which had a similar political system.

Preliminary Concluding Observations

In preliminary concluding observations, ALEXEI AVTONOMOV, the Committee Expert serving as Country Rapporteur for the report of Liechtenstein, said the Committee had established a good dialogue with Liechtenstein aimed at mutual understanding and the implementation of the provisions of the Convention. The delegation had patiently answered all of the Committee's questions.

The situation was specific as the country was very small. What Mr. Avtonomov had noticed was that there did exist a flexible approach, and at least the Government was thinking about things like reducing the residence requirement for naturalization of persons who had become familiar with the culture and customs.

Mr. Avtonomov drew attention to the fact that Liechtenstein had made a declaration under article 14 of the Convention, recognizing the Committee's competence to hear complaints from individuals, and that was laudable. Liechtenstein's ratification of Article 8 was also noteworthy.

Mr. Avtonomov appreciated the information that there were no Roma resident in the country, and accepted that explanation for the lack of information on Roma in the report.

Of particular note regarding action to combat right-wing ideologies was the special study undertaken concerning the role of Liechtenstein in World War II, as well as police and judicial measures. Mr. Avtonomov felt that the most important thing was to prevent such ideology from growing and taking root. For that reason, a study should be undertaken to discover the origins and root causes of those affiliations.

Mr. Avtonomov said that the work of the Commission on Equal Opportunity was to be praised. Another important aspect of Liechtenstein's efforts was the creation of a body based on the Paris Principles.
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