stated, in its General Recommendation XV on article 4 of the Convention, that
the obligations of a "public authority" under the Convention include the
obligations of a municipality. Although municipalities may be "independent
self-governing territorial units", they are still State organs and part of the
State administration and, therefore, public institutions within the meaning of
article 2 (1) (a) of the Convention.
5.19 As for the fact that the resolutions were cancelled, the government
measures of cancellation were not "effective measures" in the sense of article
2 (1) (c), because the cancellations were unreasonably delayed. Prior to
cancellation the resolutions did violate the above-mentioned provision.
5.20 That the resolutions may not have been implemented through the
particular means of criminal prosecution and conviction does not mean they
did not breach the Convention. Part of the point and clearly the effect of the
resolutions was to deter any Roma who might otherwise consider coming to
the affected municipalities. The fact that no Roma dared to defy the
resolutions would indicate that the mere passage and maintenance in force
of the resolutions for almost two years succeeded in intimidating Roma and
thus interfering with their rights under the Convention.
5.21 Finally, counsel provides observations by monitoring organizations
documenting official and racially-motivated violence and discrimination
against Roma in the State party.
Admissibility considerations
6.1 At its fifty-fifth session the Committee examined the admissibility of the
communication. It duly considered the State party's claims that the
communication should be considered inadmissible on several grounds.
6.2 First of all, the State party argued that the resolutions of the municipal
councils in question were revoked and, therefore, the communication had
lost its relevance. The Committee noted, however, that notwithstanding their
abrogation the resolutions had remained in force from July 1997 to April
1999. Accordingly, the Committee had to examine whether during that time
violations of the Convention had taken place as a result of their enactment.
6.3 Secondly, the State party contended that a similar case had been filed
with the European Court of Human Rights. The Committee noted in that
respect that the author of the present communication was not the petitioner
before the European Court and that, even if she was, neither the Convention
nor the rules of procedure prevented the Committee from examining a case
that was also being considered by another international body.