Ignatane v. Latvia (communication No. 884/1999)
concerned a Latvian citizen of Russian ethnic origin
who was standing as a candidate in the local elections and was struck off her party’s list by a decision
of the Riga Election Commission on the grounds
that she did not have the required proficiency of
the official language. The author argued that this
decision violated articles 2 and 25 of ICCPR. She
had been previously awarded a language-aptitude
certificate stating that she had the highest level
of proficiency in Latvian. In reaching its views, the
CCPR Committee took into account the existence of
the previous language certificate, which had been
issued by a board of Latvian language specialists,
and the fact that the Elections Commission had
decided to strike Ms. Ignatane off the list on the
decision of a single inspector. It stressed that: “The
annulment of the author’s candidacy pursuant to
a review that was not based on objective criteria
and which the State party has not demonstrated
to be procedurally correct is not compatible with
the State party’s obligations under article 25 of the
Covenant.” It also found that the author suffered “a
specific injury in being prevented from standing for
the local elections in the city of Riga in 1997, because
of having been struck off the list of candidates on
the basis of insufficient proficiency in the official
language”. It thus concluded that Ms. Ignatane was
a victim of a violation of article 25 in conjunction
with article 2 of the Covenant. Nevertheless, the
CCPR Committee did not pronounce on whether
the preconditions of the electoral law itself were
discriminatory. It rather looked at the particular
circumstances of the case and the way that the law
was implemented.
villages while the resolutions were in force because
she was scared that as a person of Roma ethnicity
she would be threatened with violence. The resolutions were revoked in April 1999. The author argued
that by maintaining the resolutions in force, the
State party violated articles 2, paragraphs (a) and
(c); 3; 4, paragraph (c); 5, paragraphs (d) and (i); and
6 of CERD. The Committee held that Ms. Koptova
belonged to a group of the population directly targeted by the resolutions in questions and rejected
the State party’s argument that the author could
not be considered a “victim” within the meaning
of article 14, paragraph 1, of CERD. On the merits
of the communication, the Committee held that
while the wording of the resolutions referred explicitly to Roma previously domiciled in the concerned
municipalities, the context of their adoption indicated that other Roma would have been equally
prohibited from settling there, and thus found a
violation of article 5, paragraphs (d) and (i) of CERD
(right to freedom of movement and residence).
Furthermore, while the Committee noted that the
contested resolutions were rescinded in April 1999,
it recommended that Slovakia should take the
necessary measures to ensure that practices
restricting the freedom of movement and residence of Roma under its jurisdiction were fully and
promptly eliminated.
Koptova v. Slovakia (communication No. 13/1998)
concerned two resolutions issued by the Municipal
Council of Rokytovce and the Municipality of
Nagov in June and July 1997, which forbade Roma
citizens who used to live there from entering the
villages or settling there. The author of the communication was also a Roma and the director of
the Legal Defense Bureau for Ethnic Minorities of
the Good Romany Fairy Kesaj Foundation in Kosice.
She challenged one of the resolutions before the
Constitutional Court. The author did not enter the
Ms. L.R. et al. v. Slovakia (communication
No. 31/2003) concerned a complaint of housing
discrimination against Roma in the municipality
of Dobsina. In 2002, following a petition by the
Dobsina Chairman of the Real Slovak Party, the
municipal council cancelled an earlier decision to
construct low-cost housing for the Roma inhabitants of the town. The District Prosecutor and the
Slovak Constitutional Court refused to examine the
application of the Roma inhabitants requesting
an investigation of the council’s actions. The
In recent years, the CERD Committee has
examined communications concerning claims
of racial discrimination against persons of
Roma ethnicity in areas such as housing,
freedom of movement and residence, and access
to public places.
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