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Bulletins
Bucharest, Romania
March 21-22, 1997
Preface
The most serious threats to the Romani communities of Central and Eastern Europe are violence and discrimination. An international workshop on the prevention of anti-Romani violence and discrimination, sponsored by the Project on Ethnic Relations (PER) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) was held in Bucharest on March 21-22, 1997. The workshop was organized with the cooperation of the Romanian Government Department for the Protection of National Minorities, and Rromani CRISS (a Romani organization based in Bucharest).
After the fall of Communism in Central and Eastern Europe, violence against the Roma erupted with a vehemence that took many governments and the Roma by surprise. Faced with the multiple stresses and insecurities of economies and societies in transition, many in the majority populations found the politically and economically marginalized Roma an all too inviting target for scapegoating. The result was widespread discrimination against Romani individuals and groups--biased treatment in the media, denial of access to public establishments, and discrimination and mistreatment at the workplace, in schools, and in health programs--all punctuated by sporadic outbreaks of mob or skinhead violence.
The Bucharest workshop was primarily concerned with government responses to violent attacks against the Roma. There has been a marked reluctance on the part of national and local authorities to recognize the ethnic nature of anti-Romani violence, and they have tended to underplay the frequently racist character of some incidents. The failure of central authorities to publicly and persistently condemn ethnic violence sends a clear message to populations already saturated with negative images of the Roma.
Aimed at devising practical measures, the workshop took up representative cases of anti-Romani violence and discrimination and considered domestic legislation and other legal remedies in various countries of the region. Workshop participants acknowledged that there are no simple preventive programs and that concerted, joint efforts by governments, non-governmental entities, and Romani leaders will be required.
This report was written by Jennifer Tanaka of Rromani CRISS. Robert A. Feldmesser, PER's senior editor, prepared the final manuscript. Participants in the meeting have not reviewed this report, for which PER assumes full responsibility.
Livia B. Plaks, Executive Director
Project on Ethnic Relations
Princeton, New Jersey
June 1997
Introduction
Although the Roma everywhere in Europe face continuing difficulties, their current situation in Central and Eastern Europe is an especially precarious one, due both to their greater numbers and to the political and socioeconomic climates of the countries in the region. Despite the democratization processes under way in this part of Europe, the Roma's post-1989 experience has been marked by increasing violence and new forms of discrimination. In various parts of the region, violent attacks have been carried out by community vigilante groups, by skinheads and other extremist groups, and in some cases by police and other law-enforcement officers. Both direct and indirect forms of discrimination are caused in part by the deep-rooted negative attitudes held by the majority populations.
Cycles of marginalization have repeated themselves throughout the centuries during which Roma have inhabited the region. In some cases, survival tactics handed down through generations of Roma have deepened the social exclusion of this minority. The Roma continue to be beset by high levels of illiteracy and poor living conditions. If forced settlement and the denial of traditional trades during the Communist period led the majority of Roma into positions of unskilled labor in factories and agricultural cooperatives, then the economic restructuring of the 1990s has resulted in unemployment for a large portion of the Roma.
At the same time, Roma are under severe demographic stress, as a result of a high birth rate, a largely youthful population, and a generally high mortality rate. It is estimated that, at some point in the not too distant future, they will represent the largest minority in Europe. The pressures generated by these conditions have contributed to increased migration from the East to the West, and thence to a number of repatriation agreements that have returned Roma to their home countries, with few prospects for bettering their situations.
A number of governments and nongovernmental organizations (NGOs) have initiated projects and programs aimed at improving the status of the Roma in Central and Eastern Europe. However, recent assessments of the situation of the Roma in the region have led to the conclusion that more concrete and long-term actions must be taken, especially by the governments of the countries in the region. A series of conferences, training workshops, and projects have been conducted, aimed at alleviating the problems of anti-Romani violence and discrimination through the implementation of preventive measures and activities.
The workshop reported on here was one in that series. It was held on March 21 and 22, 1997, in Bucharest. Its goals were to continue the dialogue, to update information on the issues, and to evaluate the measures taken so far, in light of progress made and obstacles encountered. The participants represented public authorities, intergovernmental institutions, Roma, and NGO activists from Bulgaria, Hungary, Macedonia, Poland, Romania, and Yugoslavia. The absence of participants from the Czech and Slovak republics was noted with regret.
Two broad categories of action served as the guiding themes of the workshop
discussions: civil-society approaches and legal and administrative
mechanisms.
CIVIL-SOCIETY APPROACHES
Participants described civil-society approaches as having an indirect, yet indispensable, role in the prevention of violence and discrimination. These approaches include a wide range of activities. Among those discussed were:
- monitoring, investigating, and reporting cases of violence and discrimination against the Roma;
- educating the Roma about their civil and human rights and the relevant mechanisms for the redress of grievances;
- providing legal representation for victims of anti-Romani actions;
- engaging in advocacy and lobbying efforts, on both national and international levels, for effective legal remedies for abuses against the Roma;
- encouraging negotiations between local authorities and the Roma in conflict situations;
- organizing training and dialogue sessions that bring together Roma and law-enforcement officers, in order to increase mutual understanding and identify strategies for the prevention of future conflicts; and
- facilitating local projects in Romani communities that address the socioeconomic factors, such as schooling, employment, and health, that contribute to tensions in community relations.
These activities took both "confrontational" and "cooperative" forms. One participant described his organization as using both approaches: confrontational at the national level, exerting pressure to change policies, and more cooperative at the local level, carrying out joint actions to improve community relations.
Representatives of organizations in Hungary and Romania mentioned that they
also try to systematically study the relevant phenomena, establishing a
typology of such incidents and undertaking a quantitative analysis. Other
participants said that interventions were also made with regard to the
independent media, which play so important a role in the shaping of public
attitudes and mentalities.
LEGAL AND ADMINISTRATIVE MECHANISMS
The legal and administrative mechanisms discussed included offices and programs initiated by governments and ministries, as well as laws regulating acts of violence and discrimination. Indeed, one of the co-sponsors of the workshop was the new Romanian Department for the Protection of National Minorities, in which there is an Office for the Integration of Roma. The department seeks to provide an administrative and political framework for addressing issues related to Roma and other minorities.
The representative of the Romanian police described the Mob Violence Prevention Program, and he also discussed previous activities to improve the ability of the police to deal with situations of potential conflict. A representative of the Romanian gendarmerie described his organization's deployment of force in such situations.
In Hungary, the Ombudsman Office for the Protection of Minorities was described as an important mechanism for obtaining legal representation for Romani victims and for evaluating legislation and administrative procedures with regard to their constitutionality and their respect for human and minority rights. A representative of the Bulgarian Ministry of Labor and Social Welfare discussed programs designed to increase employment opportunities among the Roma.
Participants agreed that two factors were essential in dealing with
discrimination and violence: the enactment and enforcement of laws that
clearly defined discriminatory acts and provided for stiff punishments; and
assurances of both moral and material reparations for the victims when
violence does take place.
OBSTACLES AND PROGRESS
One term that recurred frequently during the workshop was "partnership." It was pointed out that various partners have been engaged, in different capacities, in the implementation of measures aimed at reducing discrimination and violence against the Roma.
However, the discussions also revealed the persistence of adversarial attitudes between police and government authorities, on the one hand, and Roma and NGO activists, on the other. Opinions differed as to the root causes of this situation. The representative of the Romanian police suggested that it was due principally to the "self-marginalization" of the Roma, their refusal to go to school, and their particular value system, including a subculture that manifested itself in an "aggressive" lack of knowledge of and respect for the law. Representatives of Romani and human-rights organizations gave greater emphasis to discriminatory enforcement of the law, failure of the authorities to recognize and confront racism and discrimination, and the hostile stereotypes of Roma.
NGO representatives said that one of the problems they encountered was the lack of a clear mode of implementation in local administration. Training activities have focused on the police more than on local authorities, and so that the latter often do not know how to work with NGOs and even resist participating in cooperative projects. One participant stated that an important related problem is that the respective roles and competencies of government bodies and NGOs are often not clear.
Another factor, it was pointed out, is the failure to identify and prosecute the perpetrators of violence and discrimination against Roma. This failure amounts to a signal from the authorities that they will tolerate such actions. Furthermore, without the resolution of the criminal cases, civil venues for redress of grievances remain blocked. There is a need to sensitize the functionaries in the justice ministries. Indeed, ill treatment and excessive use of firearms by law-enforcement officials were also points of contention raised by some Romani participants.
Romani participants from Romania and Bulgaria also expressed concerns about excessive police violence during organized raids in Romani communities. The motive for these raids is said to be the apprehension of suspected criminals. In Romania, these raids are even carried out within the Mob Violence Prevention Program. However, the representative of the Romanian police insisted that the raids were targeted not on Romani zones but on criminal zones. It was also noted that, at least in Romania, the police had improved their ability to prevent the escalation of local tensions into open conflict. The example was given of cooperation and communication among police, Romani NGOs, and local authorities in the Romanian town of Tanganu. In addition, the Romanian general prosecutor's office, in response to letters from Romani organizations, had created a database and was communicating the information in it on a regular basis.
The issue of "Romani criminality" was also raised. Romani participants stated that the habit police and media have of reporting the Romani ethnicity of criminal suspects had the effect of reinforcing negative stereotypes and of inducing a sense of "collective culpability" among the Roma. A positive step in this area was the declaration by the Hungarian ombudsman that the inclusion of ethnic membership in crime news was contradictory to both the Hungarian Law on Data Protection (1992) and the Law on Minorities (1993). Self-identification as a member of a national minority, said the declaration, is a matter of personal choice, and therefore the identification of suspects as "Gypsies" by police officers was contrary to the law.
Another encouraging sign was the establishment of the Roma Press Center in Hungary. With financial support from the Hungarian government, it facilitates the flow of information from the Roma themselves. An example of the effectiveness of such information was the recent incident involving the expulsion of Romanian Roma residing illegally in Poland. Although the expulsion was within the law, it was carried out at night and by force, without allowing the Roma even to gather their belongings. There was a strong reaction in the press, and the parliament also issued a strong critical statement. The practice is no longer being carried out.
Clear declarations by public officials against discriminatory practices and
violence would also be helpful. The government of Hungary has recently made
public recognition of the existence of anti-Romani discrimination and
pledged to take measures aimed at improving the situation.
STRATEGIES AND RECOMMENDATIONS
The consensus among the participants was that a comprehensive, long-term approach to the problems of the Roma was needed. Such an approach would integrate social, economic, cultural, political, legal, and civil actions. The following specific recommendations were made:
Working for a more understanding perspective. Confrontational attitudes on the part of both many of the Romani rights organizations and public officials should be put aside in favor of seeking common ground for the identification and implementation of practical measures to prevent discrimination and violence. Efforts should be made to improve communication among the parties involved and to seek an appropriate language for addressing the issues at hand. Included here would be an official recognition of the right to self-designation as Roma, instead of Tsigan.
Taking public stands against violence and discrimination. There should be clear declarations of the political will to address these problems. The first step should be an explicit recognition of the existence of discrimination in the Central and East European countries, and this should be followed by an unequivocal condemnation of acts of discrimination and violence. If the central authorities take a strong position, regional and local authorities are more likely to take appropriate actions themselves.
Promoting educational activities to combat racism and discrimination. Education is the vital strategy for changing attitudes toward the Roma. Educational efforts are needed among the Roma as well, to help them learn of their rights as citizens and as members of a minority and to instill confidence in taking action against abuses that have been committed against them.
Encouraging dialogue and training for local authorities and for the Roma. Such activities should emphasize clarification of the roles and competencies of both the local authorities (especially elected officials) and the NGOs, and methods of implementing local cooperative projects.
Increasing local access to and participation in consultative bodies. A number of relevant administrative mechanisms have been created in the Central and East European countries--e.g., the Department for National Minorities in Romania. However, these are mostly centralized bodies, and there is a need to extend access and participation down to the local level, where the majority of conflicts originate. Local minority councils should be provided for as well as increased representation in local administrative organs.
Applying full legal remedies in cases of violence against Romani communities. Perpetrators of criminal acts of violence and discrimination against Roma have too often not been brought to justice, leading others to believe that they can engage in similar acts with impunity. At the very least, some of the high-profile incidents should be brought to a conclusion, both as a demonstration of the new policy and as a way of bringing some moral relief to the Romani community.
Bringing judges in as partners in preventive activities. Efforts at training and cultivating partnerships among Romani and other NGOs, police and other law-enforcement officers, lawyers, prosecutors, and local and regional authorities should now be expanded to include judges as well. Especially desirable would be an arrangement whereby the training is done by other judges from Central and East European countries.
Conducting legal clinics in local communities. Such clinics would be aimed at providing the Roma with greater access to legal aid. Local authorities could assist by arranging for space for the clinics, and Roma should take a leading role in cultivating and consolidating relations between the clinics and the communities. An ombudsman's office can play an important role, too.
Introducing, reviewing, and modifying laws against discrimination and violence. Legislation and provisions of the penal code should establish a legal framework for the prosecution of discriminatory practices and violent acts. The laws should clearly define the types of practices and acts that are punishable; the laws should be effectively implemented; and the punishments should be stiff enough to discourage potential perpetrators.
Evaluating procedures in law enforcement. There have been too many instances of the excessive use of violence by law-enforcement officials, especially in the context of organized raids. These instances should be objectively evaluated, and dialogue between Roma and law-enforcement officials should be instituted to clarify the motives for the actions and to identify alternative, nonviolent means of resolving the issues in question. Identification of membership in an ethnic or national minority in police reports should be discontinued. Some existing procedures should be reconsidered: those that require that complaints against public officials be filed through the military prosecutor, and those that delay civil remedies until after long-drawn-out criminal processes have been concluded. Also, there should be an inquiry into a number of legal cases that have been held up or closed during the stage of investigative proceedings, in order to identify the causes and to improve their current status.
Improving the image of the Roma in the mass media. Because of their
fundamental importance in shaping public opinion and attitudes, those who
work in the mass media should be made more aware of their responsibilities
in reporting on Romani-related issues. Romani participation in reporting for
the mass media should be increased, and forums should be created for
dialogue between Romani and non-Romani journalists.
CONCLUSIONS
The workshop underlined the importance of both civil-society approaches and legal and administrative mechanisms in the prevention of violence and discrimination against the Roma in Central and Eastern Europe. Although an impressive number of actions have been taken by governments and NGOs from within the region and from outside it, these and other initiatives must be sustained over the long term.
Some crucial actions were proposed that have so far been neglected. Among these were the training of judges and of local officials. Since discrimination and violence against the Roma occur predominantly at the local level, administrative mechanisms should be situated in the local context. Actions must also be directed toward combating racism and the deep-rooted negative stereotypes of Roma. But there must also be a legal framework adequate to the task of administering the criminal-justice system and prosecuting acts of discrimination and violence.
A wide range of activities was recommended, reflecting the need for a
comprehensive, integrated approach, based on the firm political will of the
governments concerned. Among these activities are some that would increase
schooling and employment among Roma. Measures to prevent discrimination and
violence require for their success cooperation among diverse
actors--governmental and nongovernmental, Romani and non-Romani. There are
important roles for the police, judiciary, local and central authorities,
Romani organizations, other NGOs, and the media.
PARTICIPANTS
AUSTRIA
Dragan Jevremovic, Romani Center
BULGARIA
Anton Karagiozov, Romani Social Foundation, Plovdiv
Milena Petrova, Ministry of Labor and Social Welfare
FORMER YUGOSLAV REPUBLIC OF MACEDONIA
Faik Abdi, Parliament
HUNGARY
Bea Bodrogi, Bureau for the Protection of Rights of National and Ethnic Minorities
Csilla Der, European Roma Rights Center
Istvan Fretyan, Office for National and Ethnic Minorities
Aladar Horvath, Romani Civil Rights Foundation
POLAND
Andrzej Mirga, PER Romani Advisory Council
ROMANIA
Nicoleta Bitu, Rromani CRISS
Valerica Bojian, Romanian Institute for Human Rights
Ioan Boldor, Association of Christian Roma
Adrian Bunoaica, Department for the Protection of National Minorities, Government of Romania
Adrian Camarasan, Department for the Protection of National Minorities, Government of Romania
Florin Cioaba, Association of Christian Roma
Dorin Ciuncan, Office of the Attorney General
Nora Costache, Young Generation of Roma
Vasile Daniel, Ethnic Romani County
Radu Demetrescu, Romanian Institute for Human Rights
Nicolae Emilian, Romani Students Association
Silviu Erusencu, General Inspectorate of Police
Anda Filip, Ministry of Foreign Affairs
Ion Garulet, The National Union Block
Nicolae Gheorghe, Rromani CRISS
Raluca Grosescu, Eastern Free Frontiers
Istvan Haller, Liga Pro Europa
Mihai Ilarie, Nicola Association, General Council of Roma in Romania
Mariana Ion, PHOENIX Foundation
Ion Ionel, Party of the Roma
Ovidiu Marchidan, Romanian Gendarmerie
Gabriel Micu, Department for the Protection of National Minorities, Government of Romania
Catalina Nicolae, Ministry of Foreign Affairs
Dan Oprea, Association for the Protection of Human Rights
Nicolae Paun, Party of the Roma
Mihai Polea, Ion Budai Deleanu Foundation
Iulian Radulescu, Ion Budai Deleanu Foundation
Mirel Remescu, Eastern Free Frontiers
Luminita Sega, Office of the Attorney General
George Stoica, Ministry of Justice
Razvan Strachinescu, Romanian Institute for Human Rights
Jennifer Tanaka, Rromani CRISS
Adrian Teodorescu, General Inspectorate of Police
Gyorgy Tokay, Department for the Protection of National Minorities, Government of Romania
Rudolf Varga, Romani Unity
Costel Vasile, Young Generation of Roma
Ioaneta Vintileanu, General Inspectorate of Police
Florina Zoltan, Romano Tolah Association
UNITED STATES
Livia Plaks, Project on Ethnic Relations
Mark Temple, American Embassy
YUGOSLAVIA (SERBIA-MONTENEGRO)
Vladimir Macura, Society for the Improvement of Romani Local Communities
COUNCIL OF EUROPE
John Murray, Population and Migration Division/Activities on Roma/Gypsies
OSCE
Jacek Paliszewski, Office for Democratic Institutions and Human Rights
UNITED NATIONS
Hugh Massey, Office of the United Nations High Commissioner for Refugees