Representatives of the Czech Council for National Minorities, an advisory body of the Czech government, indicated in a September 1997 interview that the Council had prepared a report for the government on the Romani minority in the Czech Republic (Council for National Minorities 29 Sept. 1997). According to representatives of the Council's Secretariat, this is an independent and objective report, which reflects the real situation of the country's Romani minority and has not been changed to reflect government policy. The report was presented to the government in August and September 1997 but was rejected and returned to the Council for further work on both occasions (ibid.; ERRC 22 Sept. 1997). The government stated that the report was rejected because it lacked concrete recommendations and tasks but, according to critics, it was rejected because it was severely critical of the government (ERRC 22 Sept. 1997; Balazova 25 Sept. 1997). A reworked version of the report was accepted by the government on 29 October 1997 (CTK 29 Oct. 1997).

The full text of recommendations made by the Council for National Minorities' report is included below¹. This unofficial translation of the recommendations was forwarded to the IRB by the Embassy of the Czech Republic in Ottawa. The entire text of the report is, as of 18 December 1997, unavailable in English or French, but will be forwarded to Regional Documentation Centres when it becomes available.

In a 21 November 1997 statement to the Organisation for Security and Co-operation in Europe (OSCE) Implementation Meeting on Human Dimension Issues, the European Roma Right Centre (ERRC), a Budapest-based Roma advocacy group, welcomed the government's acceptance of the report. Referring directly to recommendations made in the report for the Ministry of Education, however, the ERRC expressed concern that the recommendations do not include budgetary provisions (ibid.). The ERRC also questioned whether the recommendations would actually be brought into effect (ibid.). According to the ERRC, "the government rejected [the report] in September, then suddenly accepted substantially the same document at the end of October, at the height of fears about British reimposition of visa requirements. It remains necessary to monitor closely the situation of Roma in the Czech Republic, to see the extent to which report recommendations become effective policy and practice" (ibid.).

unofficial translation

GOVERNMENT OF THE CZECH REPUBLIC RESOLUTION of the Government of the Czech Republic of 29 October 1997 No. 686 on the Report on the situation of the Roma community in the Czech Republic and on the present situation in the Roma community

The Government

I.Takes note of the Report on the situation of the Roma community in the Czech Republic contained in the presented document;

II. Approves the Statement on the present situation in the Roma community annexed to the present Resolution;

III. R e q u e s t s

1. the Minister of Education, Youth and Sports

a)within the primary education system, to widen the network of preparatory classes for pupil's with linguistically and socioculturally disadvantaged backgrounds,

b)to ensure an enhanced flow of information to schools at all levels on the available specialized literature concerning the issues of multicultural society and education for tolerance;

c)in authorizing exemptions as regards the minimum number of pupils per class, to apply the procedures designed for national minority classes also to classes with children from Roma families,

d)put at the disposal of the schools the project "Modification of the education programme for the specific needs of Roma children" together with a methodical instruction and to regularly evaluate its implementation,

e)to prepare new material for the tests used in selecting children for placement in special schools, paying more regard to the specific dispositionof Roma children in order to eliminate the hitherto prevailing practice which has led to excessive numbers of Roma children placed in special schools without any conclusive evidence as to their intellectual and learning capacity,

f)to ensure the conditions (including financial conditions) for the implementation of the experimental project for step-by-step training of Roma advisors and, after evaluating the project, to develop a concept for this type of training together with the Minister of Labour and Social Affairs, Minister of the Interior, Research Institute of Vocational Education in Prague and the authority responsible for the project,

g)in cooperation with the Minister of Labour and Social Affairs, to determine the qualifications required for the function of "Roma pedagogical assistant",

h)in the "education" chapter of the state budget for the year 1998, to ear-mark funds totalling CZK 2,268,000 for the wages of at least 20 Roma pedagogical assistants,

i)to ensure the offer of in-service training on issues related tonational and ethnic minorities within the system of in-service training of pedagogical workers,

j)to appoint a Ministry coordinator responsible for national minority education,

k)in cooperation with the representatives of the Roma community, to ensure that Roma children with a talent for music, dance or other forms of art are placed in primary art schools so that such children may have an opportunity to develop their talent and meet the requirements for admission to secondary art schools,

deadline: h) - immediately, d), e), f), g),j) - before 31 December 1997, other items continuously

2. the Minister of Labour and Social Affairs

a)to cooperate with the Minister of Education, Youth and Sports in determining the qualifications required for the function of "Roma pedagogical assistant",

b)to codify the functions of Roma assistant and Roma advisor in the catalogue of tasks and catalogue of professions,

c)to continuously cooperate with the Minister of Education, Youth and Sports and with the Minister of the Interior on the project of step-by-step training of Roma advisors,

d)to provide long-term funding for the re-training course run by the Academy of Social Law for the functions of Roma assistant and Roma advisor according to the project of the responsible authority,

e)to develop a system of incentives encouraging employers to employ persons who have problems in entering the workforce and persons of Roma origin,

f)at the level of District Offices in the regions with a higher concentration of unemployed persons of Roma origin, to create conditions for the appointment of persons belonging to the Roma community to the posts of social assistants who should assist in solving the relevant problems,

deadline: a), b) e) before 31 December 1997, other items continuously

3. the Minister of the Interior

a)to prepare a methodical instruction for the state administration authorities within his competence defining the functions of Roma assistant and Roma advisor,

b)in cooperation with the Minister of Education, Youth and Sports and with the Minister of Labour and Social Affairs, to create conditions for the implementation of the project for step-by-step training of Roma advisors,

c)to create within the District Office system the posts of Roma assistant and Roma advisor,

d)in evaluating candidates for employment with the Police of the Czech Republic, to consistently examine their tendency towards prejudice, namely racial prejudice, and to reject any candidate with a tendency towards manifestations of racism,

e)to ensure for Roma candidates maximum access to study at secondary police schools provided that such candidates meet the conditions for employment with the Police of the Czech Republic; to ensure for such candidates a preparatory course for study at such schools,

f)to monitor civic associations with the aim to determine whether any of them engages in activities promoting racial hatred, fascism and national

intolerance and, if any such association is identified,request it to terminate

the activity and, if the association continues the activity, to dissolve it,

g) to release from the Comprehensive programme for cooperation in crime prevention and prevention of drug abuse at the local level, according to the

current needs, funds for complementary programmes designed for the Roma community,

deadline: a), c) before 31 December 1997, other items continuously

4. the Minister of Culture

a)within the framework of the Ministry's grant-making policy in respect of civic associations of persons belonging to national minorities, to continuously pay due regard to the specific needs of Roma activities in the area of education, culture and cultural education, of periodicals and non-periodical publications, of receiving and disseminating information in the public media,

b)to ensure the cooperation of experts in developing the Museum of Roma Culture in Brno and, insofar as the budget permits, to participate in the funding of its work,

c)to earmark in the chapter of the Ministry of Culture contained in the draft state budget for the year 1999 funds totalling CZK 15,000,000 for the second stage of reconstruction of the building intended to house the Museum of Roma Culture in Brno,

deadline: b) before 31 December 1997, other items continuously

5. the Minister of Industry and Trade

a)in cooperation with the Czech Trade Inspection, to consistently enforce Law No. 634/1992 Coll. on consumer protection, as amended, namely Section 6, using the possibility to impose fines on any entrepreneur who refuses to serve citizens only because they belong to the Roma minority,

b)to widen the support for projects designed to encourage employment of persons who have problems entering the workforce within the framework of the Support for Small and Medium-Sized Firms, which has up to now been limited to the SPECIAL complementary programme,

deadline: continuously

6. the Deputy Prime Ministers and Ministers of Agriculture and of the Environment, in cooperation with the Minister of Labour and Social Affairs and with the representatives of Roma organizations, to seek opportunities for the participation of firms employing Roma citizens in procurement within the competencies of their respective ministries (e.g. contracts for maintenance of watercourses within the responsibility of the State Melioration Administration and Forests of the Czech Republic),

deadline: continuously

7. the Minister of Defence

a)to prepare an analysis of the basic military service of persons belonging to the Roma community with regard to their attitude to the service, with regard to mutual relations with persons belonging to the majority population and with regard to their possible functions in the service of the Army of the Czech Republic,

b)during the basic military service, to promote the acquisition/improvement of professional qualifications by persons belonging to the Roma community,

deadline: a) before 31 December 1997, b) continuously

8. the Minister of Justice to monitor the development of crime with racial context and keep the Government regularly informed about the development of such crime,

deadline: continuously

9. the Minister for Regional Development

a)to analyze the experience gained to date with various types of housing for the Roma community with respect to the suitability of such housing for the life of Roma citizens, their awareness of belonging to the environment and the subsequent care for the environment; to evaluate this experience from the social, technical and financial viewpoints with regard to the disposition and needs of the Roma community and submit the evaluation to the Interministerial Commission for the Affairs of Roma Community,

b)to support housing development projects; local Roma organizations and firms should participate in the implementation of the projects and in decisions on the allocation of new apartments,

c)to prepare a methodical instruction on area planning at the municipal level with due regard to the social and cultural conditions of local population,

deadline: a), c) before 31 December 1997, b) continuously

10. the Minister of Health to chart the need of the Roma population in the Czech Republic for any specific health care and to propose organizational and preventive measures,

deadline: 30 June 1998

11. the Minister without Portfolio

a)to monitor the fulfilment of the tasks set forth in the present Resolution and to direct the work of the Interministerial Commission for the Affairs of Roma Community accordingly,

b) to report to the Government on the fulfilment of the tasks set forth in the present Resolution,

deadline: a) continuously, b) before 30 June 1998,

12.the Heads of District Offices

a) in solving the current problems of the Roma community at the local level, to negotiate with the representatives of Roma activities and to jointly seek solutions,

b) to create conditions ensuring that the temporary attachments of persons participating in the programme for step-by-step training of Roma advisors to the relevant state administration authorities begin in December 1997,

c)to establish, within their respective competencies, the posts of Roma advisors,

d)to analyze the situation of children and minors in alternative family care (children's homes, children's diagnostic institutes, children's educational institutions, infants' homes) with respect to the legality of their stay in the territory of the Czech Republic and to make sure that the persons leaving such institutions are furnished with a proper certificate of citizenship or permanent residence in the territory of the Czech Republic,

e)the Head of the District Office in Pisek, to request the Municipal Office at Lety to declare the cemetery of the former Gypsy concentration camp and the memorial at Lety (Pisek district) a revered ground by a decree issued in

line with the authority under Section 14, paragraph I (i) of Law No. 410/1992 Coll. on municipalities.

deadline: a), e) immediately, other items before 31 December 1997;

IV. Recommends the Mayor of the capital city of Prague and the Mayors of Brno, Ostrava and Plzen to create, within their respective competencies, the conditions ensuring that the temporary attachments of persons participating in the programme for step-by-step training of Roma advisors to the relevant state administration authorities begin in December 1997 and to create the post of Roma advisor.

To be carried out by:

Ministers of Education, Youth and Sports,

Labour and Social Affairs, the Interior, Culture,

Industry and Trade, Defence, for Regional Development, Health,

Minister without Portfolio,

Minister of Justice,

Deputy Prime Ministers and Ministers

of Agriculture and the Environment

Heads of District Offices and

Mayors of Brno, Ostrava, Plzen,

Mayor of the capital city of Prague

Government statement on the present situation in the Roma community

1. The Government declares that it is alarmed at the departure of some of our fellow citizens and their requests for political asylum abroad and is firmly resolved to address the causes leading to this.

2. The Government views the Roma community as a natural component of our society, it recognizes and fully respects Roma culture and its contribution to the whole country.

3. The Government will do everything in its power to ensure that nobody in our country has any fear for the reason of belonging to any minority community. The economic reasons are solvable in the home country and do not justify requests for political asylum.

4. The Government calls upon the Romas and influential representatives of Roma organizations table 7 1 9 2

- not to leave;

- to enter into a constructive cooperation with the Government;

- to promptly nominate their representatives for the Interministerial Commission

- for the Affairs of Roma Community;

- to participate in the enforcement of the existing Government measures and of the

- measures which the Government has approved today and which concern most

- members of the Government and all Heads of District Offices;

5. The Government at the same time calls upon all citizens of the Czech Republic to work as much as possible for improving the feeling of our Roma fellow citizens and thus help free the country from the feeling of mutual mistrust, underrating, accusations or discrimination on racial grounds.

6. The Government requests its individual members

- to begin a speedy implementation of the measures adopted today;

- in the coming days, to open negotiations with Roma organizations so that such negotiations may be held successively at all individual relevant ministries and to examine the existing unfavourable situation "on the ground".

7. The Government is aware that this is a problem for many decades or even centuries and therefore it also knows that the problem cannot be solved overnight. It believes that the measures adopted today will accelerate the necessary positive solutions.

Vaclav Klaus

29 October 1997

Prime Minister

Vaclav Klaus p.m.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Balazova, Jarmila, Prague. 25 September 1997. Interview.

CTK News Agency. 29 October 1997. CTK News Summary: Government Approves Romany Report. [Internet] http://www.ctknews.com/wedctk.html [Accessed 30 Oct. 1997]

European Roma Rights Centre (ERRC). 21 November 1997. "Roma and Sinti: Statement of the European Roam Rights Centre OSCE Implementation Meeting on Human Dimension Issues." This statement was sent to the Research Directorate in electronic format by the Prague-based ERRC researcher.

_____. 22 September 1997. Interview with Prague-based researcher.

Council for National Minorities. 29 September 1997. Interview with representatives of the Council's Secretariat.

Government of the Czech Republic. 29 October 1997. Resolution of the Government of the Czech Republic of 29 October 1997 No. 686 on the Report on the Situation of the Roma Community in the Czech Republic and on the Present Situation in the Roma Community. This unofficial translation of the resolution was sent to the IRB by the Embassy of the Czech Republic in Ottawa.
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