Annex Overview of recommendations addressed to the Slovak Republic as part of the second round of the universal periodic review

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1 Annex

Overview of recommendations addressed to the Slovak Republic as part of the second round of the universal periodic review

Odporúčanie a vecná kompetencia Slovak Republic’s position

Implementation (Implementation method)

1. Reconsider the ratification of OP-CAT (Denmark)

Accepted The MJ SR is currently preparing the documents required for the Slovak Republic to sign and subsequently ratify the Optional Protocol to the UN Convention against Torture.

The recommendation has been implemented.

2. Ratify OP-CAT (Estonia, Hungary)

Accepted See response to recommendation No. 1.

The recommendation has been implemented.

3. Ratify CPED and OP-CAT (Tunisia, Chile)

Accepted The International Convention (UN) for the Protection of All Persons from Enforced Disappearance was signed by the Slovak Republic on 26 September 2007 and ratified on 15 December 2014. Upon ratification, the Slovak Republic made a statement that it recognizes the authority of the Committee on Enforced Disappearances under Articles 31 and 32 of the Convention.

See response to recommendation No. 1 regarding the ratification of the Optional Protocol to the UN Convention against Torture.

The recommendation has been implemented.

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2 4.

Continue its efforts initiated to achieve ratification of CPED and accept the competence of the Committee on Enforced Disappearances (Argentina)

Accepted See response to recommendation No. 3.

The recommendation has been implemented.

5. Ratify promptly CPED (Belgium)

Accepted See response to recommendation No. 3.

The recommendation has been implemented.

6. Consider becoming party to ICRMW and to OP-CAT (Azerbaijan)

The recommendation was not accepted by the Slovak Republic due to the fact that the ICRMW does not distinguish between legal and illegal stay of persons in a country.

7. Ratify ICRMW (Algeria, Egypt)

See Slovak Republic’s position on No. 6.

8. Consider the possibility of ratifying ICRMW (Ecuador)

See Slovak Republic’s position on No. 6.

9. Take a step further in the area of migrants' rights protection and consider ratifying the ICRMW and ILO Convention no. 189 (Philippines)

See Slovak Republic’s position on No. 6.

The Slovak Republic

did not accept the

recommendation to

ratify ILO Convention

No. 189, as by ratifying

this Convention, the

Slovak Republic would

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3 make commitments that are beyond its current national legislation, which it considers sufficient.

10. Ratify ILO Conventions Nos. 169 and 189 (Venezuela)

See Slovak Republic’s position on Nos. 6 and 9.

11. Ratify those international instruments, which have not yet been ratified (Cote d'Ivoire)

Accepted The Slovak Republic ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Abuse.

The instrument of ratification was deposited with the depositary of the Convention, the Secretary General of the Council of Europe, on 1 March 2016. The Convention entered into force for the Slovak Republic on 1 July 2016.

See response to recommendations Nos. 1 and 3.

The recommendation has been implemented.

12. Favourably respond and react to future calls and recommendations of the Ombudswoman, particularly when it comes to the situation of Roma (Slovenia)

Accepted The Office of the Plenipotentiary of the Government of the Slovak

Republic for Roma Communities (OPGSRRC) cooperates with the

Office of the Ombudswoman, informing of its activities. Moreover,

since 2017, they have cooperated by exchanging information and by

coordinating steps to be taken even in individual cases. It has

established the same cooperation with the Slovak National Centre

for Human Rights (SNCHR), which is represented in the steering

group for reviewing and updating the Strategy of the Slovak

Republic for the Integration of Roma until 2020, and for creating

and implementing it action plans, as well as monitoring and

evaluation.

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4 The recommendation has been implemented.

13. Implement recommendations made in the Office of the Ombudswoman's extraordinary report related to human rights complaints on access to education, procedural guarantees in the demolition of illegal dwellings and police conduct (Canada)

Accepted According to the amendment to the Act on Financing Primary Schools, Secondary Schools and School Facilities effective from 1 September 2018 until 31 December 2018, pupils who, for the purposes of the allowance for improving conditions of upbringing and education for pupils from socially disadvantaged backgrounds, qualify as pupils from socially disadvantaged backgrounds also include pupils who are members of households where a household member receives benefits in material need, and their legal guardians can demonstrate this to a school director.

The Act on Financing Schools and School Facilities was amended to ensure better access to kindergarten education for children from marginalized Roma communities. As of 1 January 2018, an allowance is provided to partially cover the costs of upbringing and education to children attending kindergartens within the network of schools who are a year away from commencing compulsory education or are members of households where a household member receives benefits in material need, and their legal guardians can demonstrate this to a school director. This has extended the category of claimants who qualify for the allowance for the upbringing and education of kindergarten children, as legal guardians are now exempt from contributions to partially cover costs. The aim of this legislation was to eliminate the problems seen in application practice in accepting these children into kindergartens.

In 2018, the system of cooperation between the Plenipotentiary of

the Government of the Slovak Republic for Roma Communities and

the MI SR includes plans to announce a call for projects to receive a

non-repayable financial contribution focusing on the provision of

scholarships to secondary school students to raise the standard of

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5 education, especially among the Roma. At the section for the integration of Roma, the recommendations made by the Ombudsman are implemented in individual reports in the Strategy for the Integration of Roma until 2020 and in the revised Strategy for the Integration of the Roma until 2020, as well as in the new action plans for this strategy within the competence of the OPGSRRC.

The project called “Support of the Settlement of Land Ownership in Marginalized Roma Communities” has been implemented since 2017, providing assistance to municipalities in the process of settling ownership of land where clustered settlements inhabited by marginalized Roma communities have been built The objective is to support the settling of ownership of land under Roma dwellings in Roma settlements focusing on improving hygiene standards in marginalized Roma communities and on systematic reduction of the number of illegal housing with extremely low hygiene standards.

In cooperation with the MI SR and the Council of Europe Directorate General for Roma Issues, the OPGSRRC organized a national seminar for lawyers in the field of Roma anti- discrimination focusing on the right of Roma communities to housing.

Investigation of crimes committed by members of the Police Force (PF SR) is overseen by a materially competent inspection service within the competence of the MI SR, which pays due attention to investigation of all crimes committed by members of the PF.

The recommendation has been implemented.

14. Take all necessary steps to ensure that its national

Accepted In April 2018, the MJ SR submitted a draft SNCHR reform, which

entered the legislative process. The draft was rejected by several

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6 human rights institution is fully effective and

independent in accordance with the Paris Principles (France),

Take appropriate measures to ensure that the national human rights institution functions in compliance with the Paris Principles (India),

Take further steps to ensure that its national human rights institution is aligned with the Paris Principles (Philippines),

Continue with its efforts for the establishment of independent national human rights institution in accordance with the Paris Principles (Pakistan)

Undertake the necessary steps to ensure that its national institution is fully consistent with the Paris Principles (Morocco),

Take the necessary measures to strengthen the independence and mandate of the Slovak National Centre for Human Rights and ensure that it complies with the Paris Principles (Mexico),

Strengthen the independence and mandate of its National Centre for Human Rights so as to enable it to function in compliance with the Paris Principles (Malaysia)

institutions and the Ministry will submit a new draft incorporating their comments in autumn.

The recommendation is being implemented.

15. Bring its National Centre for Human Rights into conformity with the principles relating to the status of national institutions for the promotion and protection of human rights (Turkmenistan)

Accepted See response to recommendation no. 14.

The recommendation is being implemented.

16. Continue working in order to establish a national human rights institution in line with the Paris

Accepted See response to recommendation no. 14.

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7 Principles, taking into account the recommendations

from the treaty bodies in this regard (Guatemala)

The recommendation is being implemented.

17. Continue its efforts to re-accredit the National Slovak Human Rights Centre as the national human rights institution, in compliance with the Paris Principles (Algeria)

Accepted See response to recommendation No. 14.

The recommendation is being implemented.

18. Strengthen the independence and mandate of the National Slovak Human Rights Centre so that it operates in compliance with the Paris Principles and be given the necessary resources (Tunisia)

Accepted See response to recommendation No. 14.

The recommendation is being implemented.

19. Strengthen the independence and the mandate of its national human rights institution and provide it with adequate financial and human resources to assist it in meeting the standards required by the Paris Principles (Ireland)

Accepted The budget approved for the SNCHR for 2014 (EUR 518,242), 2015 (EUR 518,242), 2016 (EUR 548,242), 2017 (EUR 553,242) and the draft budget for 2018 (EUR 565,356) provided adequate funds to implement these recommendations, while taking into account the limitations of the national budget in terms of available resources.

The recommendation has been implemented.

20. Allocate appropriate resources to the Office of the Ombudswoman to facilitate equal access to justice for all citizens and further strengthen its monitoring and reporting capacity (Canada)

Accepted The review of this task will build on the conclusions which will follow from an overview of the tasks and status of the institutions dedicated to human rights protection and promotion in line with the tasks contained in the review of recommendations Nos. 14-19.

The budget approved for the Office of the Ombudsman for 2014

(EUR 1,165,048), 2015 (EUR 1,179,558), 2016 (EUR 1,198,038),

2017 (EUR 1,239,871) and the draft budget for 2018 (EUR

1,535,649) provided adequate funds to implement these

recommendations, while taking into account the limitations of the

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8 national budget in terms of available resources.

The recommendation has been implemented.

21. Establish an independent mechanism to investigate complaints related to discrimination and segregation within the schooling system (Egypt)

The Slovak Republic rejected this

recommendation due to the fact that these matters are duly addressed at the legislative and institutional levels.

22. Work with the EU and the UN for further participation of other important human rights mechanisms, including the protocols to the CRC (Viet Nam)

Accepted The Slovak Republic, as a party to agreements on human rights at the universal and regional levels, has an obligation to submit regular reports to inspection or treaty bodies on progress made in implementing the individual agreements. It fulfils the obligation.

The Slovak Republic ratified all optional protocols to the UN Convention on the Rights of the Child: OP 1 on the Involvement of Children in Armed Conflict on 7 July 2006; OP 2 on the Protection of Children against Sexual Exploitation and Abuse for the Purpose of Child Prostitution and Child Pornography on 25 June 2004, and OP on the Reporting Procedure, which established a mechanism for individual reports of children’s rights violations on 3 December 2013.

The recommendation has been implemented.

23. That the Government Council for Human Rights, National Minorities and Gender Equality take steps towards the implementation of a nation-wide strategy for the promotion and protection of human rights (United Kingdom)

Accepted The Council of the Government of the Slovak Republic for Human

Rights, National Minorities and Gender Equality (the Council) is a

expert, advisory, coordinative and consultative body of the

Government of the Slovak Republic in the field of protection and

promotion of fundamental human rights and freedoms. The role of

the Council is to formulate opinions on the Slovak Republic’s

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9 domestic fulfilment of international commitments in the field of human rights, especially commitments arising from international agreements, including the related optional protocols ratified by the Slovak Republic and agreements on human rights and fundamental freedoms to which the Slovak Republic is a party. The role of the Council is not to take steps towards implementing the national strategy for the promotion and protection of human rights. The Council is regularly (once a year) informed of the fulfilment of tasks contained in the national strategy.

The recommendation has been implemented.

24. Speed up the preparation of a national human rights promotion and protection strategy (Uruguay)

Accepted The National Strategy for the Protection and Promotion of Human Rights in the Slovak Republic was approved by Resolution No. 71 of the Government of the Slovak Republic of 18 February 2015.

The recommendation has been implemented.

25. Promptly put in place the national strategy for the promotion and protection of human rights that integrates the contributions arising from this review (Nicaragua)

Accepted See response to recommendation No. 24.

The recommendation has been implemented.

26. Continue its efforts and momentum on the current human rights programme, with more focus on social inclusion, participation of the Roma in employment opportunity, adequate housing, gender equality and capacity building for national human rights institutions in the country (Viet Nam)

Accepted In 2017, updated action plans of the Strategy of the Slovak Republic for the Integration of Roma until 2020 for the 2016-2018 period were approved in the areas of education, employment, health, housing, along with an action plan in the area of financial inclusion, non-discrimination and approaches directed at the majority society – Initiative of Roma Integration through Communication.

The individual national projects called “Community Centres in

Towns and Villages with MRC – Phase 1, Field Social Work and

Field Work in Municipalities with MRC, implemented by the

OPGSRRC within the European Solidarity Assistance co-financing

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10 system have a direct impact on creating employment opportunities for the Roma, including those engaged in public service and in the implementation of these projects, while tracking integration and the process of inclusion.

This effect is also achieved by implementing the national project

“Healthy Communities 2A”. The target number of persons engaged in the project is 264 and the target number of members of marginalised Roma communities using the services at the section of health education is 30,000. This project, in its basic operation, has been set to cover 150 municipalities, which are also listed in the Take Away package, and its future development is expected to add further 164 municipalities.

In 2017, the system of cooperation between the Plenipotentiary of the Government of the Slovak Republic for Roma Communities and the Ministry of Transport and Construction of the Slovak Republic (MTC SR) included the process of adopting an amendment to the Act on Subsidies For Development of Housing and for Social Housing and to the Act on the State Fund for Housing Development. These generally binding legal regulations created a legal instrument for investment to build new flats provided by the State Fund for Housing Development (SFHD) worth up to 100% of their procurement price, in addition to raising price limits. The scope of investment provided by the SFHD has been extended to include acquisition of land for construction of rental housing. The amendments, within their regulatory scope, also introduced and provided for the term “start-up flat” in the common standard category of flats.

These are mainly the national projects called “Community Centres

in Towns and Villages with Marginalised Roma Communities –

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11 Phase 1, Field Social Work and Field Work in Municipalities with Marginalised Roma Communities 1. 150 municipalities are involved in this phase in the Take Away package, with typical planned average numbers of clients reaching 30,000 and 80,000.

A system within the competence of the MTC SR to support the procurement of rental housing flats serving as social housing has been in place for a long time, using a combination of subsidies in accordance with the Act on Subsidies For Development of Housing and for Social Housing and low-interest loans from the SFHD.

The Government of the Slovak Republic approved the National Strategy for Gender Equality and the Action Plan for Gender Equality for the 2014-2019 period. The National Action Plan for the Prevention and Elimination of Violence against Women for the 2014-2019 period was also adopted. The tasks and measures arising from these documents are being implemented.

The recommendation has been implemented.

27. Continue efforts to strengthen legal and institutional frameworks to promote and protect human rights, including through the ratification of ICRMW (Indonesia)

See the Slovak

Republic’s position on No. 6.

See response to recommendation No. 24 in the part regarding the creation of the national action plan in the field of human rights See response to recommendation No. 14 in the part amending the regulations which provide for national institutions for human rights.

The recommendation has been implemented.

28. Continue its efforts particularly to ensure equal treatment in the education system and equal access to

Accepted The Ministry of Education, Science, Research and Sport of the

Slovak Republic provides important support in this field through the

European Social Fund on the basis of HR OP, which is focused on

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12 job opportunities (France) supporting education, employment, social inclusion and vulnerable groups on the labour market. The national project called “School Open to All” was launched within the HR OP Education priority axis on 1 February 2016, with planned duration of 46 months and EUR 29,877,073.16 of funds to be allocated. The primary aim of the project is to ensure equal access to quality education and to improve the results and competencies of kindergarten children and primary school pupils by supporting inclusive education and by enhancing professional competencies of the PF and AF. The creation of local desegregation plans at 130 primary schools is an important part of the project. Further, on 30 December 2016, as part of the Education priority axis within the HR OP, a demand-focused call was announced for applications for a non-repayable financial contribution called “More Success at Primary School”, with EUR 50 million available for allocation. The call is aimed at supporting inclusion at primary schools through the work of teaching assistants, pedagogical staff and inclusion teams (consisting of a school psychologist, special education teacher, and social teacher).

Having received a grant from the European Commission, the OPGSRRC implemented a project in 2017 entitled “Promotion of Active Participation and Consultation Processes in the Field of Implementation and Monitoring of Roma Integration and Roma Youth Policies in the Slovak Republic” with the aim to create conditions for future participation of Roma youth in public policy.

In 2017, the MI SR announced a call within the “Support of a

Comprehensive System of Monitoring, Evaluation and Data

Collection on Inclusive Policies Focused on the Socio-Economic

Living Conditions of the Roma Population” project, which will

allow the OPGSRRC to monitor thoroughly the implementation of

measures to ensure equal access to education, employment

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13 opportunities, to the services at the section for housing, financial services and to public health and health service.

Equal access to employment opportunities is guaranteed by the Act on Employment Services. Citizens have the right to access to employment without any restrictions in employment relationships or similar legal relationships in line with the principle of equal treatment established by the Anti-Discrimination Act. The Labour Code provides that when employing a natural person, an employer must not breach the principle of equal treatment as far as access to employment is concerned.

The recommendation has been implemented.

29. That a national action plan for the protection of the human rights of LGBTI persons in Slovakia is developed and implemented, within the context of the planned human rights strategy (Norway)

Accepted An action plan was created also in response to the tasks set in the National Strategy for the Protection and Promotion of Human Rights in the Slovak Republic (task V.1). The working group for legislation and strategies of the Committee for the Rights of LGBTI persons prepared the Action Plan for LGBTI persons for the 2016- 2019 period. The document has not been submitted for negotiations of the Government of the Slovak Republic. However, some of the proposed tasks are being implemented anyway.

The recommendation has been implemented.

30. Develop additional programmes, including a national action plan for children, to enhance the protection and promotion of the rights of women and children (Philippines)

Accepted The National Strategy for the Protection of Children against

Violence was approved on 15 January 2014, and at the same time

the National Coordination Centre for Resolving the Issues of

Violence against Children was established as a separate

organisational entity belonging to the Ministry of Labour, Social

Affairs and Family of the Slovak Republic (MLSAF SR). Since the

start of the implementation period of The National Strategy for the

Protection of Children against Violence, a great deal of emphasis

has been placed on increasing awareness of the issues violence

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14 against children and on ways to help. In connection with this, the National Coordination Centre launched a website in 2015 www.detstvobeznasilia.gov.sk (childhood without violence), which aims to become the basic information channel providing information related to the issues of violence against children for professionals and adult lay public, as well as children themselves.

The National Project to Support the Protection of Children against Violence was approved on 23 October 2017, focusing on streamlining the system for protecting children against violence by setting up systemic coordination of entities participating in tasks related to the protection of children.

The recommendation has been implemented.

31. Further improve human rights records in the country (Azerbaijan)

Accepted The Slovak Republic takes steps towards raising the profile of human rights at the international level also by ratifying and implementing international agreements in the field of human rights.

During the 72

^nd

Session of the UN General Assembly in New York, the Slovak Republic was elected a member of the UN Human Rights Council for the 2018-2020. In addition, it takes active steps at the national level focused on advancing policies aimed at raising the standard of human rights protection. The Slovak Republic was the second EU member state to adopt the National Strategy for the Protection and Promotion of Human Rights, approved by the Government of the Slovak Republic on 18 February 2015.

The recommendation has been implemented.

32. Include in its National Strategy for Gender Equality 2009-2013 measures to promote the participation of women in decision-making bodies in the public and private sphere (Spain)

Accepted On 20 November 2014, the Government of the Slovak Republic

adopted the National Strategy for Gender Equality for the 2014-

2019 period and the related Action Plan for Gender Equality for the

2014-2019 period. The individual activities and measures it

specifies were prepared in cooperation with non-governmental

organisations and the Council of the Government of the Slovak

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15 Republic for Human Rights and Gender Equality. The Strategy and the Action Plan are closely linked and represent a comprehensive conceptual framework for promoting equality of men and women.

The Strategy specifies six strategic areas and priorities. Within strategic area 2, Participation in decision-making in public and economic life, it sets the following objective: Reduction of gender gap in participation between women and men in decision-making positions, and within this objective, it sets the following targets: 2.1 To increase representation of women in decision-making processes in political life, including their motivation and possibilities to be election candidates and to participate; 2.2 To promote women’s entrepreneurship by creating systemic measures, including balancing family and work life; 2.3 To increase representation of women in economic decision-making positions.

The recommendation has been implemented.

33. Expedite its implementation of the measures to ensure equality for men and women (Bangladesh)

Accepted See response to recommendation No. 32.

The recommendation has been implemented.

34. Take steps to ensure equality between men and women that guarantee non-discrimination and gender equality (Venezuela)

Accepted See response to recommendation No. 32.

The recommendation has been implemented.

35. Strengthen measures aimed at ensuring gender equality as well as preventing violence against women (Cote d'Ivoire)

Accepted

The Act on Crime Victims became effective on 1 January 2018. The Act introduces basic concepts such as ‘victim’, ‘particularly vulnerable victim’, or ‘domestic violence crimes’ into the legal system. A domestic violence crime is, among other things, a crime committed by using violence or the threat of violence against a spouse, former spouse, partner, former partner, parent of the same child or to other person who lives or lived in the same household.

Particularly vulnerable persons are also persons who are victims of

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16 domestic violence crimes.

The adoption of the Act on Crime Victims also resulted in amending the provisions of the Criminal Law laying down special motive (§140). In the case of selected criminal offences, having the characteristics of a special motive warrants the use of heavier sentences. The amendment to the Criminal Law also adds sex to the definition of a reason for hatred.

Domestic violence is a criminal offence in the Slovak Republic. The interpretation of these unlawful acts covers all possible situations, while respecting the international definition of this criminal offence.

Besides domestic violence crimes, the Criminal Law specifically defines sexual violence crimes, as well as rape, which also includes marital rape. The Slovak legal system does not tolerate any form of rape during marriage.

In recent years, a series of amendments amending a number of provisions of the CL, the Criminal Code and other laws, which were substantially related to prosecution of violence against women including domestic violence, have been adopted in the Slovak Republic. One of the measures is evicting the offender from the shared household. The period of time a police officer is authorised to evict a violent person for has been extended from 48 hours to 10 days. The eviction includes the obligation of an evicted person not to approach the person under threat closer than the distance of 10 metres.

The project of establishing the Coordination-Methodological Centre

for Gender-Based and Domestic Violence (CMC) remains one of

the key projects in the field. The CMC was officially established in

2015. The main objective is to create, implement and coordinate a

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17 comprehensive national policy in the field. The CMC set up an expert team responsible for professional coordination and supervision of systematic prevention and intervention to support victims and to provide services in the field of violence against women and domestic violence. The CMC ensures professional coordination of activities through methodological guidelines on providing services in the field of primary prevention and elimination of violence against women and their children, and creates conditions for multi-institutional cooperation.

The recommendation has been implemented.

36. Take measures to effectively implement the prohibition of discrimination enshrined in the Anti-Discrimination Act (Pakistan)

Accepted The Act on Equal Treatment in Certain Areas and Protection against Discrimination, containing specific rules for remedying violations of the right to equal treatment, including provision of court protection, is a cross-cutting legal regulation in the fight against discrimination. This act also sets the rules of temporary countervailing measures, which takes into account the EU Framework for national strategies for the integration of Roma until 2020, and the framework for the Strategy of the Slovak Republic for the Integration of Roma until 2020.

Following the approval of the National Strategy for the Protection

and Promotion of Human Rights in the Slovak Republic, the

Government of the Slovak Republic approved, by Resolution No. 5

of 13 January 2016, the Action Plan for Preventing all Forms of

Discrimination for the 2016-2019 period, prepared by the MJ SR

and MLSAF SR. Its aim is to improve the framework for

prosecuting discrimination and to increase awareness among

professionals and lay public, particularly public administration.

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18 On 1 January 2017, the CL introduced a new constituting fact §424a – Apartheid and discrimination against a group of persons, which transferred discrimination from civil law to criminal law.

The Action Plan for Preventing and Eliminating Racism, Xenophobia, Antisemitism and Other Forms of Racism for the 2016-2018 period was approved on 13 January 2016.

The recommendation has been implemented.

37. Continue its efforts in effectively implementing the amendment to the Anti-Discrimination Act with a view to further combating discrimination in the country (Cambodia)

Accepted See response to recommendation No. 36.

The recommendation has been implemented.

38. Enforce the legal and institutional framework on combating discrimination (Romania)

Accepted See response to recommendations No. 14 and 36.

The recommendation has been implemented.

39. Take steps to effectively implement the ban on discrimination contained in the anti-discrimination law and the law on schools (Belgium)

Accepted With the introduction of an amendment to the Act on Upbringing and Education, the state’s control mechanism for upbringing-related counselling and prevention has become stricter. Subsequently, in the academic year 2015-2016, the State School Inspection (SSI) carried out 12 thematic inspections to examine the standard of professional services at school facilities providing upbringing-related counselling and prevention services. The MESRS SR received a proposal of the main school inspector in line with the applicable regulations and subsequently decided about exclusion of several school facilities and schools.

A project proposal of a national project entitled “Promotion of Pre-

Primary Education of Children from MRC”, to be implemented by

the OPGSRRC, was approved in 2017.

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19 See response to recommendations Nos. 13 and 36.

The recommendation has been implemented.

40. Increase awareness raising programmes and campaigns to promote tolerance and respect for diversity among its population (Malaysia)

Accepted In the period from 2014 to 2016, the Ministry of Foreign and European Affairs of the Slovak Republic (MFEA SR) was the guarantor of a subsidy scheme for the promotion and protection of human rights and freedoms. Within this scheme, funds of EUR 845,000 were made available for allocation in 2014, EUR 769,500 in 2015 and EUR 763,500 in 2016.

As of 1 December 2016, the MJ SR provides (previously under the authority of MFEA SR) subsidies for advancing, promoting and protecting human rights and freedoms, and for preventing all forms of discrimination, racism, xenophobia, antisemitism and other forms of intolerance. 236 applications for subsidies were submitted in 2017, and the MJ SR supported 53 projects from the scheme, allocating EUR 760,000.

During the 2014-2018 period, the MESRS SR was the guarantor of

the 2014-2020 Youth Programmes. In 2015, 2016 and 2017, the

MESRS SR used the Youth Policy PRIORITIES sub-programme to

support organisations whose projects focused mainly on developing

young people’s ability to critically approach and evaluate

information in the online world, on developing tolerance towards

diversity, empathy towards migrants and marginalised population

groups, and on increasing the professionalism of youth workers,

youth leaders and young leaders in the field of upbringing and

education regarding human rights. Within this subsidy scheme to

support human rights protection activities, funds of EUR 51,243

were made available for allocation in 2015, EUR 54,925 in 2016

and EUR 54,827 in 2017. The Council of Europe campaign “No

Hate Speech Movement” was placed under the auspices of the

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20 section for youth at the MESRS SR, and in the period from 2013 until the end of 2017, the Slovak Republic actively participated in the campaign activities. Its aim was to increase engagement and awareness among young people in the field of fighting online hate speech, which has been on the rise in recent years, and to equip young people with the abilities necessary for identifying such human rights violations. The campaign advocates equality, dignity, human rights and diversity.

The Act on the Fund for the Promotion of the Culture of National Minorities was adopted in 2017 to establish a fund providing financial resources for the purposes of training and education regarding the rights of persons belonging to national minorities, for the purposes of ensuring intercultural dialogue and understanding between citizens belonging to the Slovak majority and citizens belonging to national minorities and ethnic groups.

The aim of the “Initiative for Roma Integration through Communication” is to positively moderate public opinion, eliminating prejudice and stereotypes and strengthening intercultural dialogue. The tasks include setting up a working group focusing on public opinion to eliminate and remove mutual prejudice held by both the majority and the Roma populations, and to ensure long-term and stable functioning of the initiative, as well as implementing a long-term public education campaign aimed at inclusive presentation of minorities based on a comprehensive communication strategy, while ensuring a responsible approach.

Lectures, discussions and educational concerts focused on tolerance and respect for diversity are predominantly dedicated to children.

The MJ SR also carried out the campaign through the

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21 “Protinenávisti.sk” (against hatred) website.

The recommendation has been implemented.

41. Continue awareness-raising programmes about racial and ethnic diversity in schools, strengthening the monitoring of the implementation of anti- discriminatory policies, especially in remote areas (Uruguay)

Accepted The SNCHR plays the role of an equality body in the Slovak Republic. From the beginning of 2017 until 17 October 2017, the Centre delivered 76 events at 18 primary schools and 16 secondary schools for 2,175 pupils and students. Activities were carried out at the level of all regions of the Slovak Republic. At present, the SNCHR has arranged education with schools virtually until the end of June 2018.

For a number of years, the SNCHR has cooperated with the Regional Outreach Centre in Nové Zámky, the National Outreach Centre in Bratislava and several libraries (Public Library of Ján Bocatio, Ján Kollár Library, Bratislava City Library). The SNCHR provides information about human rights, tolerance, multiculturalism and non-discrimination in a captivating, creative and interactive way using games, modelled situations, presentations or films. It offers 7 standard themes within its standard portfolio of outreach and educational activities. Educational events for schools organised by the SNCHR are free of charge.

In 2018, following the approval of the Act on the Fund for the

Promotion of the Culture of National Minorities, the competence to

allocate funding was transferred from the Office of the Government

of the Slovak Republic (OG SR) to a new public institution. The

fulfilment of the main tasks of the on the Fund for the Promotion of

the Culture of National Minorities will be coordinated with expert

committees, whose members are democratically elected by national

minority organisations.

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22 The MESRS SR continued to allocate targeted funding in 2017 to finance a development project entitled “Regional and Multicultural Education for Pupils Belonging to National Minorities” for primary and secondary schools with a national minority language of instruction and for schools where a national minority language is taught, with total spending worth EUR 20,790, and a development project entitled “Promotion of Training and Education of Primary School Pupils from Socially Disadvantaged Backgrounds”, with total spending worth EUR 49,000.

The recommendation has been implemented.

42. Step up efforts to combat prejudices against ethnic minorities and to improve relations between the general public and minority communities (Malaysia)

Accepted

The Strategy of the Slovak Republic for the Integration of Roma until 2020 is currently being implemented, which was a response to the need to address challenges regarding social inclusion of Roma communities. The Strategy focuses on three target groups: the Roma as a national minority, Roma communities and MRC.

Especially in the case of MRC, there is frequent, or so-called multiple discrimination, affecting not just girls and women, but also persons with disabilities. The Action Plans for Roma integration were also largely focused on the school system and education. The amendment to the Act on Upbringing and Education, effective from 1 September 2016, was the most significant step in this regard, as minimum numbers of students in a class no longer apply to primary schools with a national minority language of instruction.

The recommendation has been implemented.

43. Intensify measures aiming at promoting tolerance, intercultural dialogue and the respect of diversity,

Accepted Every year, the Roma Spirit project, which was supported in 2016,

significantly contributes to the development of tolerance,

intercultural dialogue and awareness of important achievements and

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23 strengthening awareness-raising campaigns (Spain) projects in the field of Roma integration. The award ceremony at this event is broadcast by Radio and Television of Slovakia (RTVS) every year. As part of the Slovak Presidency in the Council of the EU, the EUROPA ROMA SPIRIT event, held under the auspices of the Ministry of Foreign and European Affairs of the Slovak Republic, was broadcast in EU member states.

On 13 September 2017, a new action plan in the area of approaches directed at the majority society – Initiative of Roma Integration through Communication was approved by a resolution of the Slovak Republic. Its aim is to positively moderate public opinion, eliminating prejudice and stereotypes and strengthening intercultural dialogue. The tasks of this plan include setting up a working group focusing on positive moderation of public opinion to eliminate and remove mutual prejudice held by both the majority and the Roma populations, and to ensure long-term and stable functioning of the initiative, and implementing a long-term public education campaign aimed at inclusive presentation of minorities based on a comprehensive communication strategy, while ensuring a responsible approach.

“The Culture of Disadvantaged Groups” subsidy programme, which

allows the fulfilment and development of the needs of persons with

disabilities and otherwise disadvantaged population groups, is an

effective instrument of promoting social inclusion and cohesion that

has worked for a long time. The subsidy programme supports the

activities of persons with disabilities or otherwise disadvantaged

population groups, including those cultural activities of these

persons which involve promotion of equality of opportunities,

integration into society, prevention and elimination of all forms of

violence, discrimination, racism, xenophobia and extremism, and

promotion of education leading to tolerance, the strengthening of

social and family cohesion and development of intercultural

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24 dialogue.

The Sereď Holocaust Museum was opened in the town of Sereď in 2016 as part of the Slovak National Museum – Museum of Jewish Culture. It engages in educational activities and programmes aimed at preventing expressions of antisemitism, racism, extremism and radicalisation in the society.

As part of continuing teacher education, the Museum of the Slovak National Uprising in Banská Bystrica implements an educational programme entitled “Ethnic Cleansing, Genocide and Racial Intolerance in History”, which also reflects on modern expressions of racism, Neo-Nacism a xenophobia.

The recommendation has been implemented.

44. Take actions to combat discrimination and prejudice by promoting intercultural dialogue in cooperation with the media to prevent racist statements, hate speech and attacks against ethnic minorities and promote respect for cultural diversity (Thailand)

Accepted In response to the activities of the members of a certain political party, the OPGSRRC’s system of human rights protection submitted a recommendation to the Prosecutor-General of the Slovak Republic to dissolve the political party, which was followed by the Prosecutor-General of the Slovak Republic submitting a recommendation to the Supreme Court of the Slovak Republic.

Due to the need of education in the historical events of the Roma Holocaust, the OPGSRRC initiated negotiations with the science facility of the Slovak National Archive with the aim to carry out scientific research in these historical events leading to three publications formats, namely a monograph, a scientific work and educational materials, which will also serve as a material for intercultural dialogue and elimination of expressions of the far-right and expressions of extremism and racism.

The Act on Broadcasting and Retransmission provides that an

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25 audiovisual media service, a programme service or its elements must not interfere with human dignity or fundamental rights of others. Likewise, they must not promote violence or explicitly or implicitly incite hatred, disparage or defame on grounds of sex, race, colour, language, faith and religion, political or other opinion, national or social origin, membership of a nationality or ethnic group. These duties also apply to a broadcaster by means of the internet.

According to the Code of Ethics for Advertising Practice approved by the Advertising Council, an advertisement must not contain anything that would insult consumers’ feelings with respect to race, nationality, politics or religion. An advertisement must not promote any form of discrimination, especially not on the grounds of race, nationality, religion, political opinion, sex or age.

In 2017, Director General of RTVS established the RTVS Ethics Commission as an independent advisory body of RTVS, whose role is to assess possible violations of the ethical principles contained in the Status of RTVS Staff and Collaborators, the Code of Ethics on the Use of Social Networks for the Staff and Collaborators of the RTVS News, Sport and Journalism Section, or the Code of Ethics for Journalists, and to issue statements on matters which may affect the activities described in these documents or RTVS’ credibility.

The recommendation has been implemented.

45. Continue to take measures to combat intolerance based on ethnic origin, in particular against the Roma community (Portugal)

Accepted The OPGSRRC cooperates in this field with the National Counter-

Terrorism Unit, whose authority also covers the elimination of

extremism, particularly in the field of the far-right. The same extent

of cooperation is maintained with the Section for Crime Prevention

at the Office of the Minister of the Interior (SCP OMI).

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26 The working group under the authority of the Vice-President of the PF will link the key organisational elements of the MI SR and the PF at the section for public administration, the EU solidarity assistance, integration of Roma communities and social work, implementation of national projects, economic and material resources, with the aim to also produce comprehensive solutions in the field of prevention and elimination of the occurrence of hate speech and hate crimes. The objective of the work of the OPGSRRC will be to advance substitution solutions in conflict situations if there are negative reactions due to concentrated poverty. This brings the cooperation the OPGSRRC and the Presidium of the PF SR have engaged in so far, especially in the field of cooperation at the section of senior officers’ activities at the MI SR for work in communities, to a new institutional level.

The recommendation has been implemented.

46. Take the necessary measures to continue promoting a culture of tolerance and non-discrimination in Slovak society (Nicaragua)

Accepted The aim of the Act on the Fund for the Promotion of the Culture of

National Minorities as amended was to transform the previous

subsidy system of the OG SR and create an institution which

ensures effective and systematic promotion of cultural and arts

activities of all national minorities in the Slovak Republic, is

administratively independent of the central government authorities,

and is represented by experts from all national minorities. The law

lays down the calculation of the proportion of funding allocated to

the individual expert boards expressed as a percentage share. The

purpose of the Fund is primarily the preservation, expression,

protection and development of the identity and cultural values of

national minorities, education and training regarding the rights of

members of national minorities, and the development and support of

intercultural dialogue and understanding between citizens belonging

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27 to the Slovak majority and citizens belonging to national minorities and ethnic groups in Slovakia.

Implementation of the first part of the “Theatre against Extremism”

project, organised by the Slovak National Theatre in 2016 in cooperation with the Bratislava Self-Governing Region, was a major project in the fight against discrimination and racism. The output of the project was the creation of two mini stage plays on the topic of racism, extremism, holocaust and totalitarianism with the aim to draw young theatre-goers’ attention to humanity, humanism, democracy, tolerance and knowledge of historical context. The documentary theatre play called “Natálka” is the first of two stage plays created by the Slovak National Theatre Drama Company as part of the project. The stage play is inspired by a real story about a Neo-Nazi attack on a Roma family in the Czech Republic. The project is intended for secondary schools, is free of charge and is followed by a discussion with experts.

The recommendation has been implemented.

47. Intensify efforts in the field of ethnic diversity, including by strengthening the inclusive and multicultural education system (Indonesia)

Accepted In 2017, the Plenipotentiary of the Slovak Republic for Roma Communities created a language map of Roma communities in Slovakia, an important information source for a future set-up of schools with mother tongue education, including cases of dual identity, which also identifies the extent of ethnic diversity with the Roma population itself.

Ifjú Szivek, a dance theatre operating under the founder’s

competence of the Ministry of Culture of the Slovak Republic (MC

SR), is a professional arts organisation with a nationwide reach in

the field of folk art production and interpretation. Its activities

include artistic, educational and training programmes that build on

the traditional culture of members of the Hungarian national

minority and other national minorities living in Slovakia.

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28 Public funding is also used to finance artistic ensembles that develop the culture of other national minorities: the Alexander Duchnovič Theatre in Prešov, founded in 1945, with a special focus on developing the cultural life of the Ruthenians living in the Slovak Republic, and the professional folk art ensemble called Poddukelský umelecký ľudový súbor (the Poddukelský Folk Art Ensemble), founded in 1955 in Prešov with the aim to develop and present the Ruthenian vocal-musical and dance heritage on the stage.

Dedicated to the Roma community is the Romathan Theatre in Košice (founded in 1992) with a mission to “develop Roma art and culture as a basis for self-understanding and discovery of the Roma’s own national identity, their human pride and confidence”.

As part of the EU agenda, the MC SR participates in the work of the Open Coordination Method Working Group referred to as

“Promotion of the Contribution of Culture to Social Inclusion”, which was set up within priority area A – “Accessible and Inclusive Culture” of the Working Plan for Culture of the 2015-2018 period.

The amendment to the decree of the Government of the Slovak

Republic which lays down the details of the breakdown of financial

resources from the national budget for schools and school facilities,

effective from 1 January 2018, increased normative funding for

primary schools with a language of instruction other than Slovak

from 108% to 113% of the corresponding normative funding, and

introduced new normative funding for primary schools where a

national minority language is taught at 104% of the corresponding

normative funding. In 2017, the MESRS SR launched the

IKATIKA pilot project. The aim of the project was to provide

access to digital educational content for kindergartens and grade

zero of primary school. The work included organisation of training

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29 courses, publishing a methodological handbook and examining bilingual digital technologies and interactive methods in education.

30 kindergartens and primary schools with children from mixed language backgrounds and children from socially disadvantaged backgrounds were involved in the project. Due to its success, the MESRS SR plans to continue with the project.

The recommendation has been implemented.

48. Take more resolute legal and practical measures to combat intolerance based on ethnic origin and take further steps to promote mutual understanding and respect between persons belonging to various groups (Iran)

Accepted The amendment to the Criminal Law and the Criminal Code, effective from 1 January 2017, resulted in changes aimed at more effective investigation of crimes of ectremism and racially motivated crimes.

In general, if perpetrator’s hatred towards his victim is due to actual or assumed identity of the victim under the provision on special motive, (§140e), this is deemed as a circumstance warranting the use of a heavier sentence.

The amendment introduced a new criminal offence – apartheid and discrimination of a group of persons (§424a Criminal Law). The legislation is evidence of the Slovak Republic’s fulfilment of its commitments arising from the International Convention on the Suppression and Punishment of the Crime of Apartheid and the International Convention on the Elimination of all Forms of Racial Discrimination.

The amendment also criminalises establishment of a group or

movement which demonstrably leads to the suppression of

fundamental rights and freedoms, and has extended the definition of

a group or movement leading to the suppression of fundamental

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30 rights and freedoms to include groups, movements and ideologies which have led to the suppression of fundamental rights and freedoms in the past, not just those that do so at present. The amendment’s entry into effect means that investigation of crimes of extremism and decision-making thereon have been entrusted to the Office of Special Prosecution and the Specialised Criminal Court.

The MJ SR also decided to extend the set of expert sections and sectors to include a dedicated expert section for the field of extremism, that is, political extremism and religious extremism.

The 26

^th

Meeting of the Council of the Government of the Slovak Republic for Human Rights, National Minorities and Gender Equality (16 March 2017) was dedicated to the topic of measures in the fight against extremism in order to inform the Council members and the Government of the Slovak Republic of the steps taken by the ministries in the field. Resolution No. 168 of the Council of 16 March 2017 imposed an obligation on the Committee for the Prevention and Elimination of Racism, Xenophobia, Antisemitism and Other Forms of Intolerance to regularly submit information to the Council about implemented measures and progress made in the fight against extremism.

The recommendation has been implemented.

49. Adopt effective measures to prevent any manifestation of discrimination and racism (Uzbekistan)

Accepted The Concept for the Fight against Extremism for the 2015-2019

period was adopted by Resolution No. 129 of the Government of the

Slovak Republic of 18 March 2015. The OPGSRRC contributes to

the fulfilment of the individual tasks arising from the Concept

through its cooperation with the Committee for the Prevention and

Elimination of Racism, Xenophobia, Antisemitism and Other Forms

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31 of Intolerance. In 2016 and 2017, its cooperation with the Committee and the PF SR also focused on anti-Roma hate speech in the digital world. This cooperation also focused on exchanging information in the field of material and immaterial symbolism.

In 2016, the Government of the Slovak Republic approved the Action Plan for the Prevention and Elimination of Racism, Xenophobia, Antisemitism and Other Forms of Intolerance for the 2016-2018 period.

In line with the approved “Strategy for the Integration of Roma until 2020”, measures and activities to improve the situation of the Roma in the fields of education, employment, health and housing were carried out. On 22 February 2017, new/updated action plans for the Strategy of the Slovak Republic for the Integration of Roma until 2020 for the 2016-2018 period for the fields of education, employment, health, housing, and a new action plan for the field of financial inclusion, were adopted by Resolution No. 87 of the Government of the Slovak Republic. On 13 September 2017, new action plans of this strategy for the field of non-discrimination and approaches directed at the majority society – Initiative of Roma Integration through Communication were approved by Resolution No. 424 of the Government of the Slovak Republic.

The Act on Criminal Liability of Legal Persons was adopted in 2016 within the system of general prevention, extending the set of criminal offence committed by legal persons to include crimes of extremism specified in §140a Criminal Law.

The amendment to the Criminal Law effective from 1 January 2017

introduced a more precise definition of extremist material, specific

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32 motive and crimes of extremis.

The recommendation has been implemented.

50. Intensify efforts to combat discrimination against ethnic minorities, particularly Roma and migrants (Venezuela)

Accepted To submit documentary evidence to law enforcement authorities, the OPGSRRC worked on specific cases of right-wing extremism with history institutes, science institutes and museums. This system of cooperation included the first discourse analysis and historical comparison of expressions of right-wing anti-Roma extremism. The system of intensifying the efforts made by the OPGSRRC was also reflected in closer cooperation with the Office of the Ombudsman.

The National Outreach Centre publishes the “Social Prevention”

specialist journal, which deals with topics regarding negative social phenomena (including xenophobia, racism and extremism) and regularly carries out activities in individual regions for staff working in the field of cultural-outreach activities.

The Museum of the Slovak National Uprising in Banská Bystrica

implements, within its continuing education programme for teachers

in history, citizenship education, social studies and ethics, an

educational programme called “Ethnic Cleansing, Genocide and

Racial Intolerance in History”, which brings new research findings

about the “solution to the Jewish question” in Slovakia during the

period between 1939 and 1945, the “solution to the Jewish

question” during World War Two and persecution of the Roma in

Slovakia, in addition to addressing modern expressions of racism,

Neo-Nazism and xenophobia, while enhancing teachers’ key

professional competencies in the use of historical sources and

application of the oral history method. Throughout the year, the

Museum carries out an educational programme for primary school

students called “Suitcase Number...”, focused on the “solution to the

Jewish question” in Slovakia during the period between 1939 and

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33 1945, as well as modern extremism and racism.

In order to set specific tasks in an effort to eliminate and prevent discrimination on grounds of membership of a national minority, the Office of the Plenipotentiary of the Slovak Republic for National Minorities (OPSRNM) engaged in the process of preparing the National Strategy for the Protection and Promotion of Human Rights in the Slovak Republic. In 2015, following this process, the OPGSRNM, in cooperation with the Committee for National Minorities and Ethnic Groups and in a participatory manner with the participation of representatives of national minorities, prepared a draft of the Action Plan to Protect the Rights of Persons Belonging to National Minorities and Ethnic Groups for the 2016-2020 period.