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Equal Opportunity, as well as the Ombudsperson for Children’s Rights, as important
mechanisms to ensure that rights are protected and violations are punished. Many authorities,
including the Minister of Justice, attributed an important role to the process of adapting
Lithuanian legislation to the requirements of EU membership, in particular the internalization of
the acquis communautaire, as positive steps that helped improve the legal and institutional
framework in many areas, including racism and discrimination.
41. Insofar as the full implementation of existing legislation is concerned, many authorities
highlighted their concern that there are still some shortcomings and room for improvement. In
particular, they expressed the view that, since an important part of the legislative structure has
been adopted very recently, it is important to focus on awareness-raising activities, particularly
the training of public officials so that they are familiar with and compliant to existing laws. Some
authorities also mentioned the need to spread information among the population at large
concerning the legislation on racism and discrimination as well as the institutional mechanisms
that are available to receive complaints and redress existing violations.
42. Several of the Special Rapporteur’s interlocutors in State institutions remarked on the
importance of putting the issue of racism and discrimination in its historical context. It was
pointed out that Lithuanian national identity - particularly language and culture - was severely
curtailed during the Soviet occupation. According to these statements, the Lithuanian policy was
now to rely on a radically opposite policy, one that actively recognizes the rights of national
minorities and that promotes their traditions.
43. Officials at the Ministry of Interior also expressed the view that an important policy that
contributed to creating peaceful relations and tolerance between ethnic communities in Lithuania
was the zero-option citizenship law after the restoration of independence. According to this law,
every individual who was living in Lithuania before the restoration of independence in 1990
(except former members of the Soviet military forces) was granted the option to become a
Lithuanian citizen. This policy has virtually eliminated the problem of statelessness and managed
to grant national minorities the full set of rights that stems from citizenship.
44. Some voices within Lithuanian State institutions expressed a more nuanced view
concerning racism and discrimination in the country. In particular, the Office of the General
Prosecutor acknowledged that discrimination exists in Lithuania, adding that it has been trying to
interpret existing legislation in order to face this challenge. In particular, the concluding
observations of the Committee on the Elimination of Racial Discrimination on the report
presented by Lithuania (CERD/C/ LTU/CO/3) are taken into account when interpreting domestic
legislation. According to the Office of the General Prosecutor, this includes the CERD
recommendation that Lithuania adapt its legislation in order to introduce in its criminal law a
provision that makes committing an offence with a racist motivation or aim an aggravating
circumstance that allows for a more severe punishment (ibid., para. 7). The Special Rapporteur
noted with interest that the Office of the General Prosecutor can initiate inquiries concerning
incitement to racial hatred rather than just reacting to formal complaints. The Deputy General
Prosecutor highlighted a number of concrete examples of grave issues that were the focus of his
Office’s attention, including attacks against African students as well as a Chinese immigrant that
were not duly registered as racist crimes, and emphasized the need to amend the Criminal Code
following CERD’s recommendation.