Foreign development co-operation assistance to a segregated school

The European Roma Rights Centre turned to the ombudsman with a request to make an inquiry into the procedure of the Ministry of Foreign Affairs. According to the complainant, the Ministry had made an error when it had provided the amount of CZK 500 000 for a reconstruction of a building destroyed by a flood via the Embassy of the Czech Republic in Tirana. There is an elementary school located in the building, attended exclusively by Roma children. The complainant believed that this was a segregated school, and that by providing financial support for the school's reconstruction, the Ministry had supported racial discrimination in Albania.

Pursuant to Act No. 151/2010 Coll., on foreign development co-operation and humanitarian aid to foreign countries, one of the objectives of foreign development co-operation must be to promote human rights. These rights also include the right to equal treatment and the right to education. In deciding on supporting individual foreign development co-operation projects, it is necessary to consider whether these projects contribute towards the attainment of the given objective. Generally speaking, supporting segregated schools is at variance with the goals of foreign development co-operation. However, at the time of the decision on providing financial help, the Ministry had no information suggesting that the funds would support a reconstruction of a segregated school. The statements by the office of the Albanian ombudsman and the commissioner for protection against discrimination, in which the school was described as segregated, was issued after the funds had been provided. During the inquiry into the case at hand, a denial of assistance could have led to unavailability (albeit temporary) of education for Roma children to whom other schools would have been inaccessible. Moreover, not only did the reconstruction of the building damaged by the flood lead to the re-opening of the school, but also of a kindergarten, health centre and a community centre. At the same time, the Ministry was not offered any alternative solution of the situation (e.g. funding transport to a more remote school) in the application for implementation of the project (which was produced by the local government and supported by an Albanian government representative).

Based on these grounds, the ombudsman closed the inquiry by stating that the Ministry did not err by providing financial means for the reconstruction of the school.