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Strasbourg, 4 July 2011 Public GVT/COM/II(2008)004 ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES COMMENTS OF THE GOVERNMENT OF LITHUANIA ON THE SECOND OPINION OF THE ADVISORY COMMITTEE ON THE IMPLEMENTATION OF THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES BY LITHUANIA (received on 20 October 2008) 2 1. The scope of application of the Framework Convention for the Protection of National Minorities in Lithuania After the Republic of Lithuania ratified the Framework Convention for the Protection of National Minorities in 2000, the harmonization of legislation of the Republic of Lithuania with the provisions of the Convention was started. Currently, the Law on National Minorities, the Law on the State Language (see clause 10, 12), a draft law on the Names and Surnames (see clause 11) have been drafted and submitted to the Seimas. Also, a working group was formed by decree of the Prime Minister of the Republic of Lithuania which has to examine and to submit to the Government its proposals by 2 December 2008, and also, if necessary, to submit a draft legal act regarding the spelling of traditional place-names of national minorities. By implementing the long-term development strategy of the state approved by resolution No. IX-1187 of the Seimas of the Republic of Lithuania of 12 November 2002 (Official Gazette, 2002, Nr.113-5029), also the provisions of chapter III, clause 4 “Culture”, the Department of National Minorities and Lithuanians Living Abroad implements the measures set out in the strategy for the development of the national minorities policy until the year 2015, approved by resolution No. 1132 of the Government of the Republic of Lithuania of 17 October 2007 (Official Gazette, 2007, No. 112-4574) and in the program on the integration of Roma into the Lithuanian society for the years 2008-2010 approved by resolution No. 309 of the Government of the Republic of Lithonia of 26 March 2008 (Official Gazette, 2008, No. 42-1555). In these documents (the program and the strategy are attached thereto), the long- term goals for the integration of national minorities into the Lithuanian society and the measures for their implementations are laid down. 2. Population census Currently, preparatory works for the first population and housing censuses in 2011 are carried out. The draft of the census sheet is prepared in compliance with the requirements of the Regulation (EC) No.763/2008 of the European Parliament and of the Council of 9 July 2008 on population and housing censuses (OJ 2008 L 219, p.14), recommendations of the United Nations Economic Commission for Europe and Statistical Office of the European Communities on future population and housing censuses. We seek these census data were compared with the census data of 2001. The draft of the census sheet and of the program is intended to be discussed with the users: executives of ministries and other public institutions, demographists, sociologists, representatives of national minorities, etc. The census sheet and the rules for supplementation thereof will be translated into English, Polish and Russian languages. Detailed information about these censuses will be announced on the website of the Lithuanian Department of Statistics. Every citizen of the Republic of Lithuania will be able to familiarize himself with the draft of the census sheet and submit her/his commentaries or suggestions. 3 We would like to draw attention to the fact that a mistake was made in question 39 of the European Council Advisory Committee on the Framework Convention for the Protection of National Minorities. At the time of census in 2001, 0.9 per cent residents of the Republic of Lithuania did not indicate their nationality (9 per cent is written in the text). 3. Anti-discrimination laws With consideration to the fact that the Law on Equal Opportunities that had been adopted in 2003 did not transpose all provisions of the Council Directive 2004/43/EC of 29 June 2000 implementing the principle of equal treatment of persons irrespective of their race or ethnic affiliation, also of the Council Directive 2004/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, the Seimas of the Republic of Lithuania adopted a law amending the Law on Equal Opportunities of the Republic of Lithuania. The law was amended in the way as it is required by the directives mentioned above by incorporating new provisions on the shift of the burden of proof (art. 4), the prohibition to discriminate on the basis of membership or participation in organizations (article 9). On direction of a person being discriminated, associations or other legal entities may represent him/her in legal or administrative procedures in the manner set forth in the laws (paragraph 2 of article 12). National Anti-discrimination programme for the years 2006–2008 By resolution No. 907 of 19 September 2006 (Official Gazette, 2006, No. 100- 3872) the Government of the Republic of Lithuania approved a national anti- discrimination program for the years 2006-2008. The measures of the program are implemented by public institutions within the scope of their competence; a part of the measures are implemented in cooperation with non-governmental organizations. The budget of the program is 1.05 million litas (approximately 290 thousand euros). By implementing the program, a sociological research into the status of women and men belonging to ethnic and national minorities in the labour market is carried out; also information about anti-discrimination measures and methods for the protection of violated human rights is disseminated. Employers, police officers and corresponding state institutions are trained to apply the international, EU and national legal acts prohibiting discrimination. Seeking to apply the international Convention on the Elimination of all Forms of Racial Discrimination in legal practice to a wider extent, training for judges and defence lawyers has been foreseen. Currently, a draft of the national antidiscrimination program for the years 2009- 2011 is being drafted. Regarding changing the requirements set out in the Law on Equal Opportunities to be able to speak the official language when seeking employment Based on data of the population and housing censuses of the Republic of Lithuania of 2001, the following indicators of proficiency in the official language were received: 144.9 thousand Polish (61.7 per cent), 144.7 thousand Russians (65.8 per cent), 23.1 thousand Byelorussians (53.9 per cent), and 13.1 thousand Ukrainians (58.3 per cent). 4 For persons who do not know the official language, free courses of the official language have been organized in Visaginas, Vilnius (the House of National Communities and Roma Community Centre), and Šalčininkai from 2008. Every year about 600 persons attend these courses in Visaginas, over 130 in Vilnius, and over 100 in Šalčininkai. Persons residing in other cities may learn the Lithuanian language using a distance method – the website http://www.oneness.vu.lt/ru. Also, possibilities have been established to attend paid courses of the official language in the Pedagogue Professional Development Centre in Vilnius. For persons learning the Lithuanian language, necessary textbooks of the Lithuanian language have been prepared and published (Meilutė Ramonienė, Loreta Vilkienė “Po truputį. Lietuvių kalbos vadovėlis pradedantiesiems. Pratybų sąsiuvinis” (Step by step. The Lithuanian language textbook for beginners. Exercise book); V. Stumbrienė, A. Kaškelevičienė, 2004, ”Nė dienos be lietuvių kalbos” (No single day without the Lithuanian language), etc.; whereas for the Roma national minority a special compact disc “An afternoon with the Lithuanian language” was issued in 2005 that is used during the courses of the Lithuanian language in the Roma Community Centre. Taking into consideration the fact that the official language is taught at schools in the language known by the national minorities from the second form, mostly the courses are attended by senior age persons. 4. Law on Citizenship On 22 July 2008, a Law amending the Law on Citizenship of the Republic of Lithuania was adopted and came into effect (Official Gazette, 2008, No. 83-3293) which provisions were coordinated with the explication of the Constitutional Court of the Republic of Lithuania in the resolution of 13 November 2006 “On Compliance of the Provisions Regulating the Citizenship Relationships of the Republic of Lithuania with the Constitution of the Republic of Lithuania”. 5. Data collection The Lithuanian Labour Exchange provides services free of charge irrespective of the nationality of job seekers; therefore no data about nationality are compiled in their database. All job seekers may register with the labour exchange and receive all services necessary to them. The only national group that could be differentiated in this respect is Roma, since there are several specific programs intended exclusively for them. On 1 October 2006, 76 Roma nationality job seekers were registered in the labour exchange, of which 68 had an unemployed person’s status. In total, as of 1 October 2008, there were 95,488 job seekers, of which 65, 4135 were unemployed persons. On 1 October 2007, 95 job seekers of the Roma nationality were registered, of which 52 had an unemployed person’s status; the total number of job seekers was 91,091, of which 58,987 were unemployed. 6. Assistance to culture and languages of national minorities Budget allocations
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