No End to Roma Exclusion? UN Committee Strongly Critical of Slovakia
07 November 2016
The UN Human Rights Committee has once again called on Slovakia to acknowledge its responsibility for past practices of forced sterilisation of Romani women; to eradicate widespread de facto practices of school segregation; to ensure that evictions from public land “are a means of last resort”; and hold local authorities to account for segregationist policies and behaviour.
In its concluding observations on the fourth periodic report of Slovakia the UN Human Rights Committee reiterated its concern that Roma continue to suffer from discrimination, widespread unemployment, forced evictions, without adequate alternative housing solutions, and residential segregation.
Sterilisation of Roma Women
The Committee called on Slovakia to establish an independent body to investigate the full extent of the practice of coercive sterilisation, and effectively called time on the foot-dragging over compensation for victims. In addition to calling for financial and other reparations for Romani women who were sterilised, the Committee called for healthcare providers to be monitored to ensure that legislation on informed consent is properly implemented, and that appropriate sanctions are applied if breaches occur. In addition, Slovakia should provide continuous training for healthcare personnel to ensure they know how to obtain properly informed consent.
School segregation
The 2015 amendments to the Schools Act have yet to make any discernible impact on the prevalence of de facto segregation in the public education system. The Committee reiterated its concerns that Romani children continue to receive inferior education, often separated into Roma-only classes or annexes, and disproportionately placed in schools for children with mild disabilities. Yet again the Committee called on Slovakia to effectively monitor and eradicate practices of school segregation.
Forced evictions
The adoption of various inclusion strategies and programmes to has had little impact on the acute exclusion suffered by Roma communities. The Committee reiterated its deep concerns and called on Slovakia to promote non-discriminatory access to all public services, and to ensure that forced evictions are a means of last rather than first resort. Where evictions cannot be avoided, the state must provide access to adequate alternative accommodation, due process and legal remedies; and local authorities should be held to account for perpetuating segregation.
Discrimination, hate speech and hate crime
The National Centre for Human Rights (NCHR) has a limited mandate, lacks independence, is poorly resourced and in terms of staffing has been found wanting in terms of transparency and diversity. The Committee recommended that the NCHR be provided with adequate human and resources, and its mandate and competence be expanded to effectively promote and monitor the protection of human rights in Slovakia.
The Committee called on the state to adequately address the issue of multiple discrimination as a form of discrimination; and expressed its concern that court proceedings in relation to the right to equal treatment take far too long, with very few disputes being settled, and a low number of cases where compensation being awarded to victims of discrimination. The Committee called on Slovakia to sort out the issue of lengthy proceedings, and undertake an analysis to better address the low number of complaints coming before the courts.
Despite efforts to combat extremism, the Committee was ‘concerned’ about the prevalence of incidents of hate crime and hate speech in public discourse, which targets ethnic minorities, especially Roma and Muslims. The Committee called on the government, on the one hand to promote tolerance and raise awareness to counter stigmatisation of visible minorities; and on the other to take measures to prevent racist attacks, ensure that investigations into hate crimes are thorough, and appropriate sanctions taken against perpetrators. Further, the Committee called for the prohibition of any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
Conclusion
The litany of concerns is sadly all too familiar. The ERRC derives little satisfaction from the fact that all of the key issues included in our own UN submissions have been taken to heart in these latest recommendations. Those elected to govern Slovakia must come to the realisation – however belatedly – that respect for the rights of minorities and inclusive social policies, enrich the entire society and strengthen its cohesion. Whereas segregation, exclusion and discrimination – apart from the direct harm they inflict on those targeted and the fact that such practices are illegal – constitute a moral stain that diminishes everyone. In the meantime, we cannot wait for this realisation to dawn. There must be no let up in international pressure and strategic litigation to support Roma communities suffering injustice, and the work of those committed to deepening democracy and defending human rights inside Slovakia.
