NHRI activity in 2021

In the performance of its functions as a national human rights institution, in 2021, the Seimas Ombudsmen’s Office (or the Office) paid close attention to the protection of fundamental human rights of foreigners in the context of the migration crisis, delving into the proposed amendments to the Law on the Legal Status of Aliens of the Republic of Lithuania and within its competence providing comments and recommendations on the improvement of the draft laws submitted for coordination, by monitoring the situation of human rights and freedoms in places of temporary accommodation of foreigners, and by bringing to the attention of the competent authorities and the public the gaps in guaranteeing human rights and freedoms of foreigners.

The Seimas Ombudsmen’s Office prepared and presented alternative reports on the implementation of Lithuania’s international human rights obligations to international organisations (the United Nations Human Rights Council, the United Nations Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment), and within its competence assessed and commented on the proposed amendments to legislation, holding remote trainings for employees of social care institutions and correctional institutions on the implementation of human rights standards in dealing with people living in these institutions, and contributed to the organisation of the National Human Rights Forum to mark the International Human Rights Day for the fourth consecutive year.

In the reporting year, the Seimas Ombudsmen’s Office:

Engaged in human rights monitoring in Lithuania and prepared reports on the human rights situation in the country (Article 192(2)(1) of the Law):

  • During the meeting with the Speaker of the Seimas held on 20 January 2021, employees of the Seimas Ombudsmen’s Office discussed the fundamental human rights problems in the country and the latest investigations of the Office concerning fundamental human rights problems;
  • By its letter of 20 January 2021, the Seimas Ombudsmen’s Office provided the Speaker of the Seimas, the Committee on Human Rights of the Seimas, the Prime Minister, and the President of the Republic of Lithuania with information on the situation of human rights and freedoms in Lithuania.
  • On 31 May 2021, employees of the Seimas Ombudsmen’s Office met with Massimiliano Bagaglini, a representative of the United Nations Subcommittee on Prevention of Torture, to discuss relevant issues related to the guarantee of human rights and the prevention of torture in places of detention in Lithuania .
  • On 9 June 2021, employees of the Seimas Ombudsmen’s Office participated in a meeting held by the Speaker of the Seimas with the Equal Opportunities Ombudsperson Birutė Sabatauskaitė and the Ombudsperson for Child’s Rights Edita Žiobienė to discuss the alternative reports submitted by the human rights institutions during the Universal Periodic Review (UPR) of the United Nations Human Rights Council, and the problems relating to human rights highlighted in those reports.
  • On 9 August 2021, employees of the Seimas Ombudsmen’s Office met with Henrik Nordentoft, UNHCR Representative for the Nordic and Baltic Countries. The meeting discussed the situation of foreigners at Lithuania’s borders and issues related to ensuring their rights.
  • By its letter of 7 September 2021, the Seimas Ombudsmen’s Office informed the Seimas Committee on Human Rights about the assessment of the situation of foreigners, who had crossed the state border of the Republic of Lithuania, in places of their temporary accommodation, as well as safeguarding of their human rights and freedoms.
  • On 1 October 2021, employees of the Seimas Ombudsmen’s Office met with Michael O’Flaherty, Head of the European Union Agency for Fundamental Rights. During the meeting, the guests were presented with the main problematic aspects of human rights monitoring at the Lithuanian-Belarusian border in relation to the rights of migrants in places of detention, and discussed the human rights situation of asylum seekers and other foreigners illegally crossing the EU’s external borders.
  • On 26 October 2021, employees of the Seimas Ombudsmen’s Office met with members of the European Parliament, who came to Lithuania to discuss the human rights situation on the Lithuanian-Belarusian border. The members of the European Parliament were presented with the report of the Seimas Ombudsmen’s Office “On ensuring human rights and freedoms in places of temporary accommodation of foreigners having crossed the border of the Republic of Lithuania with the Republic of Belarus”. The meeting also discussed the problems identified during the independent human rights monitoring carried out at the border, focusing on the importance of the European Union’s role in dealing with increased irregular migration issues.
  • On 28 October 2021, employees of the Seimas Ombudsmen’s Office met with Ariel Zielinski, Head of Mission of the international organisation “Doctors without Borders in Lithuania”, to discuss issues relating to human rights and freedoms in the context of irregular migration. The guest was presented with the report of the Seimas Ombudsmen’s Office “On ensuring human rights and freedoms in places of temporary accommodation of foreigners having crossed the border of the Republic of Lithuania with the Republic of Belarus” and discussed the current problems relating to the provision of personal health care and psychological services to foreigners at the border between Belarus and Lithuania and in places of deprivation of liberty of foreigners. On 16 November 2021, the Seimas Ombudsmen’s Office informed the Seimas Committee on Human Rights, the Government of the Republic of Lithuania and the State Border Guard Service under the Ministry of the Interior of the circumstances established during the inspection of the Foreigners’ Registration Centre of the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania carried out for the prevention of torture, and made suggestions regarding the improvement of the situation of human rights of foreigners in this Centre.
  • On 10 December 2021, the Head of the Seimas Ombudsmen’s Office Erika Leonaitė and employees of the Seimas Ombudsmen’s Office met with representatives of the European Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. During the meeting, they discussed problems related to the implementation of human rights of convicted persons in Lithuania, the human rights situation during the COVID-19 pandemic, the provisions of the Law on Mental Health Care of the Republic of Lithuania, which entered into force in 2019, problems in psychiatric hospitals, and problems relating to guaranteeing the rights of foreigners during the migration crisis.
  • On 17 December 2021, the Head of the Seimas Ombudsmen’s Office Erika Leonaitė and employees of the Human Rights Division of the Seimas Ombudsmen’s Office met with representatives of human rights organisations with whom, in preparation for the Universal Periodic Review of Lithuania’s progress in the field of human rights to be conducted by the UN Human Rights Council, they discussed the human rights problems that will be emphasised by the human rights organisations during consideration of the progress report of Lithuania. The meeting mainly focused on issues related to Roma integration, hate speech, problems of the Jewish community, violence against women, reproductive health, incapacitation, exploitation of migrants for forced labour, sexuality education, non-discrimination programme, etc.

Disseminated information on human rights and raised the awareness of the society on the issues of human rights (Article 192(2)(2) of the Law)

  • On 29 April and 7 May 2021, employees of the Human Rights Division of the Seimas Ombudsmen’s Office held  remote training “Human Rights-Based Approach in Social Care Institutions: Opportunities for Improvement”, which presented international standards for the protection of human rights in social care institutions, recommendations for ensuring dignified living conditions in these institutions and, in cooperation with Valija Šap, President of the Lithuanian Psychologists Association (LPA) and psychologist at the Lithuanian University of Health Sciences – “The challenges and opportunities for the provision of psychological services in social care institutions”. The training was attended by 1 533 employees of social care institutions. In addition, a closed consultation group on Facebook provided advice to employees working in adult and children’s social care institutions on ways to ensure human rights and freedoms during the pandemic.
  • On 6 May 2021, employees of the Human Rights Division of the Seimas Ombudsmen’s Office held a distance training course “Human Rights Based Approach to Detainees in Correctional Institutions: Opportunities for Improvement” aimed at staff of correctional institutions. The training included presentations on international standards for ensuring human rights and freedoms in correctional institutions, the challenges of ensuring conditions of detention that respect human dignity, and the work of the Seimas Ombudspersons in the field of human rights protection. The training was attended by 97 employees of the Prison Department and correctional institutions.
  • In April – December 2021, representatives of the Seimas Ombudsmen’s Office discussed various human rights-related issues with representatives of state institutions and bodies, as well as with human rights experts, on the radio station Žinių radijas, in the series of broadcasts “Svarbus kiekvienas” (English: Everyone is Important):
    • in the broadcast of 22 April 2021, representatives discussed the availability of psychological services in social care institutions with Valija Šap, President of the Lithuanian Psychologists Association (LPA) ;
    • in the broadcast of 17 May 2021, representatives discussed discrimination against homosexuals with the Equal Opportunities Ombudsperson Birutė Sabatauskaitė and the head of the Lithuanian Gay League Vladimir Simonko;
    • in the broadcast of 24 September 2021, representatives discussed challenges of the migration crisis in ensuring human rights of foreigners with Goda Jurevičiūtė, Project Manager at the Human Rights Monitoring Institute;
    • in the broadcast of 17 October 2021, representatives discussed the freedom of media in the context of the pandemic and the migration crisis with the professor and lawyer Liudvika Meškauskaitė;
    • in the broadcast of 22 December 2021, representatives discussed whether Lithuania did not violate human rights by defending itself against hybrid threats with Prof. Dr. Dovilė Jakniūnaitė of the Institute of International Relations and Political Science of Vilnius University.
  • On 8 June 2021, employees of the Human Rights Division of the Seimas Ombudsmen’s Office took part in an inter-institutional discussion on the ratification of the Optional Declaration under the International Convention on the Elimination of All Forms of Racial Discrimination and Protocol 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, and presented the position of the Seimas Ombudsmen’s Office.
  • On 25 October 2021, the Seimas Ombudsperson Augustinas Normantas took part in the discussion “The Constitution of the Republic of Lithuania and Human Rights” held at the Presidential Palace on the occasion of the Constitution Day, where he gave a presentation on the topic “Protection of Constitutional Values: the Role of Ombudsman”.
  • For four consecutive years, the Seimas Ombudsmen’s Office has contributed to the organisation of the National Human Rights Forum to commemorate International Human Rights Day. It also contributed to the organisation of the event of 10 December 2021, which was dedicated to the tenth anniversary of the signing of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention). The event took place at the Martynas Mažvydas National Library and was held remotely. Representatives of the European Court of Human Rights, the European Committee of Social Rights, other international organisations, members of the Seimas (Parliament), foreign ambassadors, ombudsmen, academia, representatives of NGOs, human rights activists, and business representatives attended the event. During the National Human Rights Forum, in her welcome remarks, the Head of the Seimas Ombudsmen’s Office Erika Leonaitė noted the need to ratify the Istanbul Convention and participated in the discussion “Ratification of the Istanbul Convention – Mission (Im)Possible?”.

Presented the assessment of the human rights situation in Lithuania to international organizations and provided them with information in accordance with the obligations established in the international treaties of the Republic of Lithuania (Article 192(2)(3) of the Law)

  • the Seimas Ombudsmen’s Office has been regularly providing international organisations operating in the field of human rights and freedoms (the European Network of National Human Rights Institutions, the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the European Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Association for the Prevention of Torture) with information on the restrictions on rights and freedoms of individuals in the country, the prevention of violations of human rights and freedoms, developments in national legislation and compliance with international obligations.
  • On 12 January 2021, the Seimas Ombudsmen’s Office conducted an assessment and submitted written observations on the involuntary hospitalisation of persons with psychosocial disabilities in Lithuania to the International Ombudsman Institute.
  • On 24 February 2021, representatives of the Seimas Ombudsmen’s Office took part in a discussion with the Minister of Justice, representatives of the Prison Department under the Ministry of Justice of the Republic of Lithuania, and heads of correctional institutions, discussing the situation of human rights of convicted persons in correctional institutions.
  • On 1 July 2021, the Seimas Ombudsmen’s Office submitted an alternative report to the United Nations Human Rights Council on the implementation of the recommendations made to Lithuania during the Universal Periodic Review and the assessment of the human rights situation in Lithuania.
  • On 19 October 2021, the Seimas Ombudsmen’s Office has submitted a report to the European Court of Human Rights, the Council of Europe Commissioner for Human Rights Dunja Mijatovic, the United Nations High Commissioner for Refugees Filippo Grandi, and the Director of the European Union Agency for Fundamental Rights, Michael O’Flaherty, and the Director-General of the International Organisation for Migration Antonio Vitorino a report of the Seimas Ombudsmen’s Office “On ensuring human rights and freedoms in places of temporary accommodation of foreigners having crossed the border of the Republic of Lithuania with the Republic of Belarus” .
  • On 2 September 2021, representatives of the Seimas Ombudsmen’s Office participated in a consultation meeting with the Minister of Justice, during which representatives of the Ministry of Justice presented a draft report of Lithuania for the third cycle of the Universal Periodic Review conducted by the UN Human Rights Council drafted by the Ministry of Justice and consulted on its improvement.
  • On 11 October 2021, the Seimas Ombudsmen’s Office submitted a shadow report to the United Nations Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on Lithuania’s fulfilment of its obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment .
  • On 17-18 November 2021, Vytautas Valentinavičius, Head of the Human Rights Division of the Seimas Ombudsmen’s Office, participated in the 72nd session of the United Nations Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, where he answered the questions raised during the session regarding Lithuania’s report on the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
  • On 7–8 December 2021, Vytautas Valentinavičius, Head of the Human Rights Division of the Seimas Ombudsmen’s Office, participated in a pre-session of national human rights institutions, civil society and permanent missions to discuss Lithuania’s human rights situation in preparation for the consideration of Lithuania’s third progress report at the Working Group Session of the 40th Universal Periodic Review (UPR) of the United Nations Human Rights Council (UNHRC), to be held on 26 January 2022.

Provided suggestions to state and municipal institutions and institutions on human rights problems (Article 192(2)(4) of the Law)

  • On 28 January 2021, the Seimas Ombudsmen’s Office referred to the Government in writing urging it to ensure the right to rest for parents/guardians/other caregivers of children with disabilities and adults with disabilities who have been identified as having a need for permanent care or permanent care (assistance), to adopt the necessary legislation (amendments to such legislation), and to establish and ensure a package of necessary social services. The Ministry of Social Security and Labour informed that, following the monitoring of the temporary respite service, the plan is to work together with the persons and organisations concerned to improve the regulation of the temporary respite service in order to better meet individual needs of persons.
  • On 25 May 2005, the Seimas Ombudsmen’s Office referred to the Seimas Committee on Human Rights, the Seimas Committee on Social Affairs and Labour, the Seimas Committee on Health, the Ministry of Health, the Ministry of Social Security and Labour, the Ministry of Justice and the Ministry of Foreign Affairs, calling on them to reject the draft Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (Convention on Human Rights and Biomedicine) regarding protection of the rights and dignity of persons with mental disorders in the sphere of compulsory hospitalization and involuntary treatment.
  • On 22 June 2021, following the visit of the Foreigners’ Registration Centre of the State Border Guard Service under the Ministry of the Interior on 18 June 2021, the Seimas Ombudsmen’s Office wrote to the Government, the Ministry of the Interior, the Committee on National Security and Defence of the Seimas and the Committee on Human Rights of the Seimas, drawing their attention to the problems identified during the visit in the field of ensuring human rights of foreigners in terms of lack of translation and legal services.
  • On 23 September 2021, the Seimas Ombudsmen’s Office addressed the Prime Minister, the Speaker of the Seimas, the Seimas Committee on National Security and Defence, the Seimas Committee on Human Rights, the Seimas Committee on Social Affairs and Labour, the Seimas Committee on Foreign Affairs, the Ministry of Social Security and Labour, and the Ministry of the Interior, the Ministry of Foreign Affairs, the National LGBT Rights Organisation, the Office of the United Nations High Commissioner for Refugees and the Red Cross Society of the Republic of Lithuania regarding the guarantee of human rights and freedoms of foreigners that are members of LGBTQ+ community in places of detention of foreigners.
  • On 28 October 2021, the Seimas Ombudsmen’s Office wrote to the Government and the Seimas Committee on Human Rights to draw attention to the problems related to the implementation of the institute of incapacity in Lithuania in accordance with the provisions of the United Nations Convention on the Rights of Persons with Disabilities. 

Sought to bring national legislation in line with international obligations of the Republic of Lithuania in the area of human rights (Article 192(2)(5) of the Law)

  • The Seimas Ombudsmen’s Office assessed, within its competence, the Draft Law No XIIIP-5306 Amending Articles 18 and 22 of the Law No VIII-950 on the Seimas Ombudsmen of the Republic of Lithuania, and by its letter of 5 January 2021, provided to the Seimas Committee on State Governance and Municipalities and to the Seimas Committee on Human Rights, within its competence, an opinion on the legal regulation proposed by this draft. The comments highlighted the threats to the independence of the Seimas Ombudsmen’s Office posed by the proposed regulation.
  • In its letter of 16 March 2021, the Seimas Ombudsmen’s Office presented to the Seimas Committee on National Security and Defence, the Speaker of the Seimas, the Board of the Seimas, the Prime Minister, and the H.E. the President of the Republic of Lithuania its key insights and comments on the concept of the Law on Intelligence of the Republic of Lithuania, which had been submitted for coordination.
  • The Seimas Ombudsmen’s Office conducted, within its competences, an assessment of the draft Law No XIVP-338 Amending Articles 18, 26 and 40 of the Law No I-1553 on the Prevention and Control of Communicable Diseases in Humans, and submitted its opinion on the proposed legal regulation regarding the ensuring of human rights and freedoms to the Office of the President, the Government, the Seimas Committee on Health Affairs, the Seimas Committee on Budget and Finance, the Seimas Committee on Human Rights and the Ministry of Health in its letter of 17 March 2021.
  • The Seimas Ombudsmen’s Office assessed, within its competence, the Draft Law 20-15062 (2) Amending the Law on the Protection against Domestic Violence of the Republic of Lithuania No. XI-1425, and on 1 June 2021, expressed its opinion and proposals on the improvement of the legal regulation proposed by this draft legal act to the Seimas Committee on Social Affairs and Labour, the Seimas Committee on Law and Order, the Seimas Committee on Human Rights, the Government and the Ministry of Social Protection and Labour.
  • The Seimas Ombudsmen’s Office conducted, within its competence, a legal assessment of the draft Law No. XIVP-719 Amending Articles 5, 71, 76, 77, 79, 113, 131, 136, 138, 139 and 140 of the Law on the Legal Status of Aliens No. IX-2206 and Supplementing it with Chapter IX1, and by its letter of 12 July 2021, submitted its opinion on the improvement of the proposed legal regulation in the context of safeguarding human rights and freedoms to the Speaker of the Seimas, H.E. the President of the Republic of Lithuania, the Board of the Seimas, the Prime Minister, the Seimas Committee on National Security and Defence, the Seimas Committee on Human Rights and the Ministry of the Interior.
  • The Seimas Ombudsmen’s Office conducted, within its competence, an assessment of the draft Law No. 21-27768 Amending Articles 60, 129, 135, 138, 169, 170, 1701 and 1702 of the Criminal Code of the Republic of Lithuania from the perspective pf guaranteeing human rights and freedoms, and by its letter of 27 July 2021, provided the Ministry of Justice, the Seimas Committee on Human Rights, the Seimas Committee on Legal Affairs, and the Government of the Republic of Lithuania with its conclusions on the draft legal act.
  • The Seimas Ombudsmen’s Office conducted, within its competence, an assessment of the draft Law No. XIVP-673(2) on the Intelligence Ombudsman of the Republic of Lithuania, the draft Law Nr. XIVP-674 Amending Articles 161, 23 of the Law on the Intelligence Ombudsman of the Republic of Lithuania No. VIII-1861 and Supplementing it with Article 221, and the draft Law No XIVP-677 Amending Articles 11 and 12 of the Law on the Seimas Ombudsmen of the Republic of Lithuania No VIII-950, and by its letter of 16 September 2021, provided its opinion on the improvement of the legal regulation proposed by these drafts in terms of ensuring human rights and freedoms to the Speaker of the Seimas, the Board of the Seimas, the Seimas Committee on National Security and Defence, the Seimas Committee on Human Rights, the Prime Minister, and H.E. the President of the Republic of Lithuania.
  • The Seimas Ombudsmen’s Office conducted, within its competence, an assessment of the draft Law No. 21-29207(2) Amending Articles 2, 3, 5, 26, 32, 40, 50, 53, 62, 67, 69, 71, 76, 77, 79, 981, 113, 125, 126, 1301, 136, 138, 139, 140 of the Law No IX-2206 on the Legal Status of Aliens of the Republic of Lithuania, Repealing Chapter IX1 and Supplementing with Chapter X2, and by its letter of 21 October 2021 addressed to the Speaker of the Seimas, the Seimas Committee on National Security and Defence, the Seimas Committee on Human Rights and the Ministry of Interior provided its comments on the incompatibility of the planned legal framework with international human rights standards and presented proposals for its improvement.
  • The Seimas Ombudsmen’s Office reassessed, within its competence, the draft Law No XIIIP-5306 amending Articles 18 and 22 of the Law on the Seimas Ombudsmen of the Republic of Lithuania No VIII-950, and in its letter of 16 November 2021, provided to the Seimas Committee on State Governance and Local Self-Government, the Seimas Committee on Human Rights and the Seimas Committee on Legal Affairs under its competence an opinion on the legal regulation proposed by this draft.

Initiated the investigation into the fundamental human rights problems (Article 192(2)(6) of the Law)

  • Taking into account the information that has become known during the Seimas Ombudsmen’s work practice that has appeared in the public space regarding the problems of provision of social services to children and youngsters (18 to 29-year-olds) with disabilities and their families, and in order to assess the accessibility of these services (their variety and choice), by his Decision No. NŽTI-2021/1-1 of 24 March 2021, the Seimas Ombudsperson Augustinas Normantas initiated an investigation into the fundamental human rights problems arising in the area of provision of social services to children and young people with disabilities and their families.
  • Taking into account the horizontal principle of equal opportunities for all set out in the National Progress Plan of the Republic of Lithuania for 2021-2030, as well as the information that has become known in the course of the Seimas Ombudspersons’ work practice and has appeared in the public space regarding the possible insufficient provision of technical aids for persons with disabilities, and with a view to assessing the availability of technical aids for persons with disabilities, by his Decision No. NŽTI-2021/1-2 of 21 April 2021, the Seimas Ombudsman Augustinas Normantas initiated an inquiry into the substantial human rights problems in the field of assessing the availability of technical aids for persons with disabilities.