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Bulletins
Organised by the OSCE Office for Democratic Institutions and Human Rights, the Council of Europe, and the Project on Ethnic Relations
1, 2 November 1998
along side the
OSCE Implementation Meeting on Human Dimension Issues
Warsaw
26 October - 6 November 1998
Session 1: Development of national policies in favour of minority rights of
Roma and Sinti, in particular the prevention of violence and discrimination
Opening comments
In opening the roundtable, the ODIHR Director expressed his enthusiasm over the increased participation of Roma in this year's roundtable. He also stated ODIHR's continued concern for discrimination, pointing out that the situation among Roma and Sinti is not getting better in the social field, and that racially motivated violence poses an even greater problem. Similarly, there is growing concern over the appearance of extremist, populist movements in both Western and Eastern Europe, and their targeting of Roma and Sinti populations.
In view of this situation, the OSCE is determined to keep Roma and Sinti
issues on the agenda, while continuing its awareness-raising activities,
especially with regards to social discrimination and racial violence. It was
underlined that the role of national policies calls for serious attention,
and protective legislation should be enacted to impede manifestations of
violence and discrimination. At the same time, Roma and Sinti should be
encouraged to have a higher participation in policies addressing their
needs. To aid this process, one of ODIHR's goals is to promote
communication. Activities such as the home page of the ODIHR Contact Point
on Roma and Sinti, the forthcoming meeting of young Romani leaders and the
programme for Romani interns at ODIHR, supported by the Norwegian
government, were presented as actions in this direction. The support of such
activities, together with enhanced co-ordination among Romani organisations,
should contribute to Roma gaining strategic participation in processes aimed
at addressing their situations.
Public policies concerning Roma and Sinti
The Council of Europe delegate pointed out that there are interesting and encouraging developments in the region, namely, the adoption of policies in some of the countries with the largest Romani population. Here, special mention was made of those in Central and Eastern European Countries such as the renewed policy of the Czech government, the comprehensive strategies in the Slovak Republic and Hungary, and the policies under discussion in Bulgaria and Romania. While stressing that only a comprehensive approach can do justice to the situation, it was also pointed out that adoption of programmes alone is insufficient. Policies must also be accompanied by other specifications such as adequate resources, precise measures and deadlines.
As public policies concerning Roma and Sinti in the OSCE region was the theme of this year's background Paper. 4, some highlights of the paper were presented. While recognising that a number of governments seem to have responded positively to concerns raised over the situation and treatment of Roma and Sinti in the region, the paper points to some possible shortcomings and negative side effects of what may be considered well-intended policies. In particular, there is a risk that new policies concerning Roma and Sinti reflect the old language and approach of a "social problem", with institutional tools of past policies. Similarly, historically rooted prejudice may be formalised in public policies, where Roma are defined according to long-standing negative attitudes, using statistics and other recordings, which contradict standards on the protection of personal data and free choice of ethnic identity.
One Romani participant stressed that Roma are the first to be hit by the economic crisis, especially in Central and Eastern European countries, where unemployment rates among Roma are 4-5 times higher than non-Roma. Concern was raised over the extent to which programme funding by institutions such as the World Bank actually reaches Roma. It was later suggested by another participant that governments consider possible ways to encourage Western businesspersons (especially Romani) to support trade and investments among Roma in Eastern Europe through different incentive programmes.
In addition, greater stress should be put on a multi-cultural approach,
which allows for the development of Romani culture, especially in the field
of education. Along these lines, it was expressed that much still needs to
be done to support greater participation of Romani students in universities,
while ensuring full equality of human rights among Roma.
Romani 'unity', representation and participation in government policy processes
A delegate from the government of the Slovak Republic stated that they are developing policies to deal specifically with the Romani minority of the country. In particular, the government has adopted a special programme and budget to address Romani issues, which is periodically controlled by a special government body for 'people in special need'. He also explained that the Slovak government, together with the governments of the Czech Republic and Hungary are trying to organise an International Working Group on Romani-related issues. In response to a question regarding the participation of Roma in this working group, the government representative expressed the difficulty they face in working with the numerous Romani organisations in the country. He further specified that it would be useful if there was more unity among the organisations and one representative person could be delegated.
This last statement led to a series of comments from among the Romani participants who have faced similar situations with the governments in their own countries. It was pointed out that Romani organisations can also be political opponents, with different ideologies, priorities and interests, in the same way as other organisations of mainstream society. With this in mind, they should not be treated differently than other like groups. Along these lines, governments may seek out Romani partners with similar political ideologies in some cases, while learning to deal with the diversity of Romani organisations in other situations. In addition, it was stated that the existence of so many organisations should not be seen as a negative factor, but a good opportunity to hear many voices express the needs from among the Romani population. Some Roma participants felt that government officials used the 'lack of unity among Roma' as an excuse to avoid working with them. It was pointed out that in Hungary only one national representative is allowed, which therefore prevents participation of opposition groups. It may be more beneficial to have a list of Romani representatives at the national level.
It was suggested that a solution to this challenge may be seen a two-way process. On the hand, Roma should come to speak about a relative unity, based on some commonalties and come together in certain situations where states may come to feel that they are working with legitimate representatives. On the other hand, governments must come to accept and cope with the de facto plurality among Roma in their countries, seeking out ways to work with the diverse groups.
One positive example presented was a civil society initiative of the Human Rights Project in Bulgaria, which formed a team of experts in order to draft the comprehensive policy document concerning Roma, 'For Equal Participation of Roma in Public Life in Bulgaria'. The draft policy document was submitted to Romani organisations throughout the country, resulting in the backing of 70 Romani organisations. In this way, these diverse Romani civic organisations were able to initiate dialogue with the Bulgarian government over a national policy.
At the European level as well, it was suggested that Roma, governments and
international organisations consider the possibility of starting a process
for creating an international representative body such as a Roma European
parliament. As a stateless minority, this would provide for a legitimate
representative to speak with different bodies, while defending and promoting
Roma's rights.
Specific Romani concerns and issues raised during the discussions
A number of issues were raised by Romani participants during the course of the discussions. One of these includes concern over discriminatory administration of justice in the Czech Republic, citing the case of a young Romani woman who drowned in the water in an incident last year, and the failure of the prosecution to recognise the act as racially motivated.
Another Romani participant stated that the recent reporting of some 1000 Slovak-Roma migrating to Belgium should be taken as a signal of the difficult situation of Roma in the country. One participant expressed his regrets that someone from the Belgian delegation was not present at the roundtable.
Attention was also drawn to recent police raid in Hermanovce, Eastern Slovakia, which reportedly included beatings of Romani men, women and children and the failure of police officers to explain their actions and present search warrants upon entering the homes of the Roma.
In relation to the forced expulsion of Romanian-Roma found in Poland this year, one Romani participant brought forth the request that these people be allowed to return to take their belongings.
A case in Romania regarding discriminatory treatment of Roma in benefiting from resources aimed at improving local infrastructure was also presented. The Romani lawyer present stated that it is the first case of its kind in Romania, where charges of discrimination are to be brought against local authorities. The case is especially interesting as it shows the social, economic and political dynamics of discrimination among local level public officials.
Finally, the favourable decision of the European Court of Human Rights in
the Assenov vs. Bulgaria case was mentioned as an historical and symbolic
victory for human rights of Roma.
Session 2: European Commission 'Agenda 2000' and its impact on Roma and Sinti in accessing countries
The situation of Roma in view of the political criteria of accession
The second session of the roundtable was opened by a delegate of the
European Commission, who presented, in brief, the political criteria of EU
accession from the perspective of the provisions regarding Roma. Among the
political criteria, the rule of law, democracy and minorities are crucial
elements. In this regard, Agenda 2000 opinions make explicit reference to
Roma. It was stated that in general, integration of minorities is
satisfactory, except for the situation of Roma. In the opinion of the EC
delegate, there is a high degree of political leverage, as the process of
enlargement involves a permanent screening and analysis by the European
Commission, in view of meeting the criteria.
Financial schemes for assisting governments in developing policies concerning Roma
In addition, for the first time the Commission also has a financial scheme, which includes 2 million ECU to assist the Romanian government in developing a policy focusing on strategies for integration of the Roma. It was also stated that similar initiatives will be taken for all Central and Eastern European countries, and that Roma participation was part of the terms of reference and implementation.
Commenting on the support given by the Commission, a delegate of the Romanian government highlighted some aspects of the programme, including the creation of an inter-ministerial committee and a technical support unit. While official census data puts the Roma population at less than 500,000, it was mentioned that the government acknowledges that Roma most likely number between 1 and 1.5 million, and recognises that discrimination against Roma does exist. The importance of the necessary administrative capacity, coupled with political will, was also underlined. Another important aspect to consider was how channels of communication between the government and Romani organisations may be effectively implemented.
A representative of the Romanian government Department for the Protection of
National Minorities also announced that they are currently working on
drafting a Minority Law, along with a Law on Anti-Semitism and Anti-racism.
Concerns and suggestions regarding national policies supported by the European Commission
Some concerns raised with regards to this and other national policy contexts included the use of these resources for more sociological and anthropological research, stressing that Roma want to be partners in the process, not subjects of scientific studies. Other participants also stressed the importance of Roma participation, including statements that Roma want to work together with governments, know how to have representatives and show what they want. At the same time, there was some scepticism regarding the openness and sincerity of government officials to listen and take into account policy recommendations put forth by Roma.
One suggestion related to the situation in Romania, and relevant for other countries, was the possibility to have organised dialogue between the relevant government officials and Romani organisations, aimed at improving relations and communication around issues related to designing, implementing, monitoring and evaluating national policies concerning Roma. Here the Project on Ethnic Relations was invited to assist in this facilitation, while participation of delegates from international organisations would also be constructive.
In terms of monitoring the situation in EU candidate countries, the question as to whether there are specific instructions and guidelines concerning Roma human rights issues was also raised. In responding the EC delegate stressed that there is clearly a need to associate Roma in the monitoring process for fulfilling political criteria, and that the main question for both Roma and the governments is not if Roma should participate, but how Roma should participate.
It was also suggested that the EU consider the possibility of including the
Council of Europe Recommendation 1201 as a necessary binding document to
secure both individual and collective rights among Roma.
Session 3: Co-operation of international institutions: OSCE, Council of
Europe and the European Commission
Recognising strengths and enhancing co-operation among international institutions
The third session of the roundtable was centred on strengthening co-operation among international institutions in working with Roma on improving their situation and consolidating their global human rights. It was pointed out that since the OSCE Human Dimension Meeting on Roma in 1994, the ODIHR Contact Point on Roma and Sinti and the Council of Europe have developed a good working relationship. However, there is a need to expand this bi-partite co-operation by working with other international institutions, especially the European Commission.
It was underlined that the strength of international organisations has been most efficient in their awareness-raising activities, in passing resolutions, setting standards and engaging governments to take commitments in the areas of human and minority rights. Along these lines, there may be enhanced activities on working out advisory roles, in monitoring developments in Participating States, and formulating new resolutions and recommendations. Furthermore, the international organisations may aid governments in the identification of more effective means of implementing past commitments. Here, the European Commission may contribute with its human and financial resources, complimenting the comparative advantages of the ODIHR and Council of Europe.
The activities of the ODIHR and the Council of Europe may also be strengthened. In particular, an ODIHR Advisor on Romani issues and an enhanced continuation of Romani interns at the ODIHR were also discussed. It was pointed out that the mandate of the Advisor, together with Romani interns, may serve as a contact point for addressing human rights problems. Therefore, it may serve like an international Ombudsman, on the one hand, while working with other national Ombudsman institutions, on the other. The possibility for a longer term, even permanent Romani position at the ODIHR Contact Point on Roma and Sinti was also suggested, as a way to expand the largely administrative functions of the Romani interns.
In areas related to the prevention of conflict, it was suggested that the High Commissioner on National Minorities be requested to intervene, as this is part of his mandate.
Similarly, while the Council of Europe Specialist Group on Roma has provided a new impetus to addressing the spectrum of Romani-related issues, delegates were encouraged to request that their governments vote in favour of creating the post of a Mediator on Roma, who will have an even broader mandate than the Specialist Group. The Chairperson of the Specialist group also suggested that they may contribute to the monitoring of the situations in countries found in the EU accession process.
At the same time, it was stressed that as these are inter-governmental
institutions, it is critical that an active and independent non-governmental
sector exists to compliment their activities.
Particular areas needing attention and support of international organisations, especially the OSCE ODIHR Contact Point on Roma and Sinti
Participants also identified some particular areas in which the ODIHR and other international organisations may assist. One of these concerns working with local authorities in the area of education on anti-discrimination and anti-racism, as much resistance is often met at lower levels of governance. Similarly, the ODIHR's work on the rule-of-law may provide an important resource for the Contact Point on Roma and Sinti in assisting Participating States on adequately addressing racially motivated crimes and the enactment of anti-discrimination legislation.
While an Ombudsman profile of the Advisor on Romani issues at ODIHR may also contribute to this, a number of participants again raised the need for beginning work on a European Charter on Roma Rights. Accordingly, the gravity of the continuing reports of human rights violations, along with other Ôparticular problems' confronting Roma, calls for more specific provisions which are able to guarantee full participation of Roma in respective societies. It may also be considered to what extent the ODIHR Advisor on Roma issues may be able to lobby different organisations and communicate with Participating States over funding of various programmes.
Last year's proposal for an international donors' conference on Romani issues was also put forth again this year. Here the idea of having a two-part meeting was stressed, where Roma could first meet among themselves before meeting with representatives of various donor institutions.
One of the government delegations present also requested that the ODIHR Contact Point on Roma and Sinti provide an inventory of organisations working on Romani-related issues, including contact information and areas of work, so that field officers may be better informed.
Finally, it was suggested that there be intensive training of young Romani
persons, which may contribute to greater participation of Roma in different
organisations and institutions. Such training could consider a combination
of Romani heritage and culture with skills needed for dealing with modern
institutions and tools. Human rights, including protective legislation and
the methods for addressing violations, would also be a valuable aspect of
such training.
Recommendations
Among the recommendations highlighted below, some of these may be addressed by specialised units of the OSCE ODIHR, while others may be carried out in co-operation with other international organisations, both governmental and non-governmental. Particular stress should be put on the participation of Roma, therefore contributing to a raised profile of Roma in different processes concerning their situations.
- The OSCE-ODIHR Contact Point on Roma and Sinti may consider developing a Special Unit to monitor national policies concerning Roma. In this regard, it is also recommended that the profile of the Contact Point be strengthened. Here the ODIHR experience and programmes on the rule-of-law may also prove an important resource for the Contact Point on Roma and Sinti.
- One way to strengthen the Contact Point would be to appoint an Advisor on Roma issues. The profile of this Advisor may include that of an Ombudsman, able to provide advice and assistance to governments and Ombudsman institutions, especially in the areas of racial violence and discrimination. Similarly, it should be considered to what extent the Contact Point may work with other institutions in moving forward the suggestion of working on a European Charter on Roma Rights.
- The ODIHR should continue its awareness-raising activities, while focusing on areas of protective legislation in Participating States. In particular, anti-discrimination legislation, protection of personal data, and laws on minorities are seen as needing attention.
- The OSCE may consider how it may upgrade the profile of Roma within a broader context of security. Here Roma's own concept of personal and group security may be promoted and protected. Such a clarification may contribute particularly in relation to issues of migration and asylum.
- The ODIHR, together with other organisations, may work more with public officers, especially at the local levels, in critical areas such as non-discrimination in social policy aspects such as housing, police Ð Roma relations, prevention of violence, and dealing with extremist groups. Similarly, it may be considered how dialogue among Roma organisations and government bodies may be facilitated, especially in relation to national policies concerning Roma.
Closing words
This year's roundtable benefited from greater participation of Roma from around the region, who also met amongst themselves outside the context of the Implementation Meeting. Similarly, the participation of government delegates was also appreciated as it provided an opportunity for dialogue. It should be mentioned that a number of Romani participants felt that this and future meetings should have technical support for translation into Romani language, a provision usually not made for parallel meetings of the plenary Implementation Meeting. One Romani participant suggested that a group of young Roma who speak both Romani and English be recruited for the task.
Overall the greater participation was an encouraging sign and similar forum bringing together different groups and organisations should be organised, therefore creating space for concerns to be raised and possible actions and remedies to be identified.
Prepared by
Jennifer Tanaka
November 1998