Rome, 30 October 2013

CAHROM (2013)25

 

AD HOC COMMITTEE OF EXPERTS ON ROMA ISSUES

(CAHROM)

 

6th CAHROM MEETING

 

Rome, Italy

 

28-31 October 2013

 

ABRIDGED REPORT

 

 

 

1.                 The Ad hoc Committee of Experts on Roma Issues (CAHROM) held its 6th meeting in Rome on 28-30 October 2013. The agenda as adopted appears in Appendix 1.

 

Opening of the 6th CAHROM meeting

 

2.                 The Committee was welcomed to Rome by the Italian Minister of Integration, Mrs Cécile Kyenge, who emphasised that solving the legal status of Roma, Sinti and Camminanti is a priority for the government, and by the Director General of the National Office against Racial Discrimination (UNAR), Mr Marco De Giorgi, who stressed the recent developments of the National Roma Integration Strategy 2012-2020 in Italy, highlighting the human rights, gender and anti-discrimination dimensions.

 

Recent developments at international level

 

3.                 The Committee heard a number of presentations on Roma-related developments at international level:
   1. The Special Representative of the Secretary General of the Council of Europe for Roma issues informed the Committee about recent ECHR case law related to forced evictions of Roma, ROMED2 and ROMACT joint programmes with the European Commission, the Roma Women’s Conference in Helsinki, Dosta! campaign launches, as well as about the procedure concerning the CAHROM revised terms of reference. He highlighted the satisfaction of the Committee of Ministers for the work of CAHROM and encouraged CAHROM members to ensure follow-up to and respect guidelines for thematic reports and visits.
   2. The EU Delegation to the Council of Europe and the European Commission (Head of the DG-EAC) updated the committee on policy and legal developments, research and data collection and joint programmes with the Council of Europe (ROMED2 and ROMACT).
   3. The representative from the Ministry of Foreign Affairs of Norway explained the main actions of the EEA and Norway Grants in relation to Roma and identified as major obstacles for success the lack of coherent strategy, funding, implementation and monitoring.
   4. The representative from the World Bank highlighted the need to invest in the employment and housing areas and the importance of accompanying measures and sustainability of actions and funding.
   5. The representative from the Office of the UN Commissioner for Human Rights recognised the efforts of some countries in fighting against hate speech and the field of Roma inclusion but expressed deep concern about growing anti-Roma rhetoric in mainstream political parties, school segregation and forced evictions.
   6. The Croatian CAHROM member presented the outcomes of the Decade for Roma Inclusion activities under the Croatian presidency (July 2012- June 2013).
   7. The Roma Decade Secretariat presented the Intelligence Database of good practices in the Decade countries, including the main selection criteria.
   8. The International Organisation for Migration presented the Equi-Health project and the report of the Regional Consultative and Expert Working Group Meeting “Fostering Health Provision for migrants, Roma and other vulnerable groups”.
   9. The OSCE-ODIHR representative presented the 2nd Implementation Report of the OSCE Action Plan on Roma and Sinti and informed the Committee of the OSCE Supplementary Human Dimension Meeting on Roma and Sinti issues that will be held in Vienna on 7-8 November 2013.
   10. The representative of the European Roma and Travellers Forum informed the CAHROM about the amendments to the statutes of the ERTF and the new proposed structure.

 

4.                 The Chair expressed the Committee’s appreciation for these presentations and invited member states who participate in both EU National Roma Contact Points (NRCP) meetings and CAHROM to ensure synergies between the two and avoid duplication. The Chair also suggested that the Council of Europe Secretariat and the European Commission should explore the possibility of Council of Europe’s participation in NRCP meetings and other forms of cooperation. The European Union representative indicated that she would pass on this message to the European Commission (DG Justice).

 

Recent developments at national level

 

5.                 The Committee heard presentations from CAHROM representatives from Denmark, Georgia and Turkey. The Ukrainian CAHROM member also informed the Committee about the recent adoption of their Action Plan. Both the Council of Europe and the European Union regretted the fact that mediation was not directly introduced into this Action Plan despite recommendations under the joint ROMED programme and in line with the Committee of Ministers’ Recommendation on mediation.

 

6.                 The Committee agreed to include on the agenda of its next meeting a presentation by Sweden regarding recent developments on the police records on Roma and on any developments concerning its White Paper, as well as a presentation by Azerbaijan on the situation of Roma.

 

Genocide of Roma during the Second World War

 

7.                 The Committee considered a draft CM Declaration on the genocide of Roma during the Second World War. It agreed on the importance of ensuring that the extermination of Roma during the Second World War is acknowledged and commemorated within the member states but noted that there was no consensus on whether the Council of Europe should declare a European day.

 

8.                 Two member states were concerned about the legal implications of using the term “genocide” to describe the extermination of Roma during the Second World War and therefore requested that the Legal Advice Department of the Council of Europe provide an opinion on this issue prior to the submission of the draft text to the Committee of Ministers.

 

9.                 After a lengthy debate the Committee agreed to circulate to the Committee of Ministers the draft declaration as it appears in appendix 2. In the light of the above concerns, it was agreed to place in square brackets the paragraph about the adoption of a European day (Para. 5.ii).

 

10.             The Committee heard a presentation from the representative of IOM about the new programme aimed at providing Humanitarian and Social Support for Roma Holocaust Survivors.

 

CAHROM thematic work on education and follow-up to relevant previous thematic reports

 

11.             The Committee was informed about a UNICEF regional initiative on “out of school children” and on the findings of UNICEF MICS4 surveys in Bosnia and Herzegovina, Serbia and “the former Yugoslav Republic of Macedonia”.

 

12.             The Dutch CAHROM expert presented the preliminary conclusions of the ad hoc working group on concrete measures for school attendance and desegregation of Roma children. The Committee decided to provide the Secretariat with any comments and suggestions prior to the meeting of the ad hoc working group in Strasbourg on 26 November 2013 to finalise the document.

 

13.             The Committee heard about follow-up to three thematic reports related to Roma education by representatives from requesting and partner countries. The Committee welcomed the detailed feedback from the experts of the thematic groups. The Committee noted that the reports had been widely distributed among ministries, local authorities and other stakeholders. The Committee also noted in particular that in the Slovak Republic the thematic visit had initiated an important debate at the level of both school directors of mainstream and special schools and state authorities on integrated schooling.

 

CAHROM thematic work on housing for Roma and halting sites for Travellers and follow-up to previous thematic reports addressing these topics

 

14.             After introductory presentations and feedback by the requesting and partner countries of the thematic group on social housing for Roma and legalisation of Roma housing and settlements, the Committee endorsed the experts’ thematic report and decided to transmit it to the Committee of Ministers for information[1]. The Albanian CAHROM member informed the Committee about the current situation of 37 evicted Roma families last August and, in view of the topical issue of Roma housing, agreed that the endorsed thematic report would be sent to relevant Albanian authorities and to the People’s Advocate.

 

15.             The Committee heard about follow-up to three thematic reports related to social housing for Roma and to halting sites for Travellers by representatives from requesting and partner countries. The Committee welcomed the detailed feedback from the experts of thematic groups. The Committee noted that the reports had been widely distributed among ministries, local authorities and other stakeholders. The Committee also noted inter alia that in Belgium the thematic report contributed to a discussion about the difference in approach between regions.

 

16.             The CAHROM member from Serbia presented a preliminary agenda of the forthcoming visit on (re-)housing solutions (housing loans, security of tenure) and alternative measures to (forced) evictions scheduled on 18-20 November 2013 with Greece, Slovak Republic and Spain as partner countries.

 

17.             The representative from Amnesty International presented a report on the right to adequate housing and social housing of the Roma community of Rome, Italy.

 

18.             The Secretariat of the CEB informed the Committee about various approved projects related to housing and education projects in “the former Yugoslav Republic of Macedonia”, Hungary and Spain.

 

Romani language under the European Charter for Regional or Minority Languages

 

19.             The Committee heard a presentation by the Secretariat of the European Charter for Regional or Minority Languages of the Study “Romani, Education, Segregation and the European Charter for Regional or Minority Languages”. The Croatian CAHROM member announced that his authorities have decided to withdraw their reservation concerning the Romani language by the end of this year.

 

Follow-up to the CAHROM thematic report on the role of central, local and regional authorities in implementing national Roma Strategies/Action Plans

 

20.             The Committee heard about follow-up to this thematic report. The Committee noted that the Republic of Moldova provides a good example on how a requesting country has followed up the thematic report conclusions with concrete measures and bilateral cooperation. The Committee also noted that in Finland an officer in charge of Roma policy would be nominated at local level.

 

Anti-Gypsyism, hate speech and hate crime

 

21.             After introductory presentations and feedback by the requesting and partner countries of the thematic group on anti-Gypsyism, hate speech and hate crime against Roma, the Committee noted that the report had not yet been finalised and therefore agreed that it will be endorsed by written procedure and gave as a deadline end of November 2013 to the group of experts to finalise the document.

 

22.             The Slovak CAHROM member informed the Committee about the launch of the Dosta! campaign in Košice on 5 November 2013. Spain, Italy and Croatia presented recent developments concerning Dosta! and Norway indicated that they are considering joining the campaign.

 

23.             The ERTF representative informed the Committee of recent actions undertaken by the Forum regarding anti-Gypsyism and hate crime/speech against Roma and Travellers.

 

24. The representative of ERRC presented a summary of ten country profile reports.

 

Tour-de-table on the ERTF Charter on the Rights of Roma

 

25.             The Committee discussed the feasibility and advisability of creating a legally binding instrument on the rights of Roma taking into consideration the ERTF Charter. Most members expressed reservations about the idea, noting that most of these rights were guaranteed under existing instruments, whilst others had objections to singling out one group for protection in a legal charter. A minority of member states had the opinion that the feasibility and suitability of a legally-binding charter should be assessed by relevant experts in order to clarify the rights already covered in existing international law and those possibly not covered. It was noted as an example that the Framework Convention for the Protection of National Minorities covers to some extent these rights but that some member states had not ratified this instrument or do not recognise Roma as a national minority under this Convention.

 

26.             The Committee concluded by expressing understanding and appreciation of the ERTF’s intentions and acknowledged its right as an NGO to pursue the objectives set out in the Charter. The Committee also noted that many of the rights were guaranteed under other legal instruments but agreed that those rights were often overlooked or breached. The Committee therefore considered that the most urgent need was to ensure compliance with, and/or encourage speedy ratification of, existing instruments through their monitoring mechanisms and encouraged the ERTF and Roma civil society at large to participate in these monitoring processes.

 

Roma Women and Youth

 

27.             The CAHROM member from Finland presented the main conclusions of the 4th International Roma Women’s Conference held in Helsinki on 16-17 September 2013 and proposed that the Committee contributes to the reflection on the conclusions of the Conference at one of its next meetings, once the final conference report is ready.

 

28.             Concerning the topic of “early/forced marriages in relation to human trafficking”, the Committee took note of the replies received from five member states to the questionnaire and initial comments from the GRETA Secretariat. The Chair encouraged other member states to provide replies to the questionnaire. The Committee also took note of ERTF’s request to present at the next meeting a joint opinion paper on this subject prepared with Phenjalipe Roma women’s network, of EEA and Norway funds available for Roma projects addressing gender issues, as well as of the inclusion of gender equality, domestic violence and forced and early marriages under the priorities of the Montenegrin presidency of the Decade for Roma Inclusion (July 2013-June 2014).

 

29.             The Committee heard a presentation from the Slovak CAHROM member about the main outcomes of the Roma Youth Summer University in Košice, as well as from the Moldovan CAHROM member and the representative of the Advisory Youth Committee about developments concerning the Roma Youth Action Plan (RYAP). The Committee took note of the proposal to include an exchange of views with the Youth Directorate at its next meeting on how the Committee can contribute to the RYAP.

 

30.             The Committee heard a presentation from the OSCE-ODIHR representative about Roma youth-related achievements of the Best Practices for Roma Integration (BPRI) project.

 

31.             The Committee agreed to keep Roma women and youth on its agenda and decided to have a more substantive discussion on forced and early marriages in relation to human trafficking with GRETA at its next meeting. The CAHROM member for the Republic of Moldova agreed to represent CAHROM at the RYAP Steering Committee meeting (Strasbourg, 2-3 December 2013).

 

Roma migration and freedom of movement

 

32.             In the absence of substantial replies received on bilateral co-operation in the field of Roma migrants, the Committee agreed to move forward the discussion from bilateral cooperation in the field of Roma migration to address specific situations and challenges faced by migrants, asylum seekers and EU citizens exercising their freedom of movement and to keep this item under the new proposed format.

 

Elections of the Bureau

 

33.             The Committee elected its new Bureau for 2014 pending acceptance of its revised Terms of Reference by the Committee of Ministers. The Committee re-elected Mr Ian Naysmith (United Kingdom) as Chair, and elected Ms Mabera Kamberi (“the former Yugoslav Republic of Macedonia”) as Vice-Chair and Ms Rocio Ariño Serrano (Spain) as third Bureau member. The Committee decided to provide space before future elections for the introduction of candidates.

 

Arrangements and proposals for the agenda of the next plenary meeting

 

34.             The Chair introduced the guidelines for future thematic groups and visits which were drawn from lessons learnt from previous thematic reports.

 

35.             The Committee agreed to provide the Secretariat with their proposals for being requesting or partner countries by the end of November 2013.

 

36.             The Committee heard an introductory presentation of the EUROMA Network by the Spanish CAHROM member and agreed to include a more complete presentation of this network at the next CAHROM meeting.

 

37.             Pending approval of its revised Terms of Reference by the Committee of Ministers, the Committee agreed to organise its 7th meeting in Strasbourg on 14-16 May 2014 and thanked the authorities of Bosnia and Herzegovina for their offer to host the 8th CAHROM meeting in Sarajevo in October 2014 (exact dates to be fixed).

 

38. The Committee agreed to include the following items on the agenda of its next meeting:

• Presentation of the EUROMA Network by Spain;
• Presentation of recent national developments by Azerbaijan and Sweden;
• Exchange of views with GRETA on early/forced marriages in relation to human trafficking;
• Exchange of views with the Youth Directorate on the Roma Youth Action Plan;
• Exchange of views with the Academic Network on Romani Studies;
• Presentation for endorsement of two new thematic reports;
• Discussion on the use of “contracts” for projects between Roma families/communities and municipalities/institutions;
• Migration and freedom of movement;
• Roma women and follow-up to the Helsinki conference;
• Progress on cooperation between NRCP  and CAHROM;
• Roma health mediators and ROMED programme;
• Discussion on after-school programmes for Roma children.

 

Adoption of the abridged report (list of decisions)

 

39. The Committee adopted the present abridged report (list of decisions).

Appendix 1: Meeting agenda of the 6th CAHROM meeting

 

Rome, 28 October 2013

 

1.                 Opening of the 6th CAHROM meeting

 

2.                 Adoption of the agenda

 

3.                 Recent developments

1.                 Recent developments at international level
2.                 Recent developments at national level

 

4.                 Genocide of Roma during the Second World War

 

Rome, 29 October 2013

 

5.                 CAHROM thematic work in the field of education and follow-up to previous thematic reports addressing this topic

 

6.                 CAHROM thematic work in the field of housing for Roma and halting sites for Travellers and follow-up to previous thematic reports addressing these topics

 

7.                 Romani language under the European Charter for Regional or Minority Languages

 

8.                 Follow-up to the CAHROM thematic report on the role of central, local and regional authorities in implementing national Roma Strategies Action Plans

 

9.                 Anti-Gypsyism, hate speech and hate crime

 

10.             Tour-de-table on the ERTF Charter on the Rights of Roma

 

Rome, 30 October 2013

 

11.             Roma Women and Youth

 

12.             Roma migration and freedom of movement

 

13.             Elections of the Bureau

 

14.             Arrangements and proposals for the agenda of the next plenary meeting

 

15.             Adoption of the abridged report (list of decisions)

 

Rome, 31 October 2013

 

Visit to Villa Gordiani camp followed by a meeting with Ms Cecile Kyenge, Italian Minister of Integration, Ms Cecilia Guerra, Deputy Minister in charge of the Department of Equal Opportunities at the Italian Ministry of Labour and Social Policies, Ms Rita Cutini, Assessor for Social Policies at Rome municipality, and representatives of associations.

Appendix 2:

 

Draft Declaration of the Committee of Ministers on the genocide[2] of Roma[3] during the Second World War

 

(Adopted by the Committee of Ministers on … at the … meeting of the Ministers’ Deputies)

 

1. The Committee of Ministers recalls that, according to estimates, at least 500 000 Roma were exterminated during the Second World War by the Nazi regime and its allies. In some countries, more than 80% of the Roma population were exterminated. At least 23 000 Roma were gassed in the Zigeunerlager (Gypsy camp) of Auschwitz-Birkenau during the Second World War. In one night, from 2 to 3 August 1944, 2 897 Roma, mostly women, children and elderly people, were killed in this camp. Therefore, 2 August has been chosen by Roma organisations, including the European Roma and Travellers Forum, and by a number of member States, as the day to commemorate all Roma victims of this period.

 

2. Following the adoption of Committee of Ministers Recommendation Rec(2001)15 on history teaching in twenty-first century Europe, the Ministers of Education of the Council of Europe’s member States adopted, on 18 October 2002, a declaration establishing in schools the Day of Remembrance of the Holocaust and for the Prevention of Crimes against Humanity. The date of 27 January, the day of the liberation of Auschwitz-Birkenau concentration camp, has been chosen at international level and in a number of countries.

 

3. However, it is clear that seven decades after these events, the genocide of Roma – Samudaripen, Pharrajimos, Porrajmos or Kalí Traš as it is called in several national variants of the Romani language – remains unknown to the general public. This genocide is often not recognised or taught in schools. Roma families are still the “ignored” victims of the Second World War. Commemorating these crimes against humanity and gross violations of human rights is also relevant for today’s Europe. The Committee of Ministers recalls that it has already expressed, through a declaration adopted in February 2012, its deep concern over the rise of anti-Gypsyism, anti-Roma rhetoric and violent attacks against Roma in Europe, which are incompatible with the norms and values of the Council of Europe and constitute a major obstacle to the successful social integration of Roma and full respect for their human rights.

 

4. The Committee of Ministers recalls the priorities agreed by the member States in the Strasbourg Declaration on Roma, adopted at the high-level meeting of 20 October 2010, which include taking action, where appropriate, to foster knowledge and understanding of Roma history, based on the tools developed by the Council of Europe for the use of member States and teachers. It seems indeed crucial to recognise the genocide of Roma and give Roma history its rightful place in the teaching of history in order to build trust between Roma and non-Roma.

 

5. In this context, the Committee of Ministers of the Council of Europe:

 

i. solemnly recognises the historical fact of the genocide of Roma that took place during the Second World War;

 

ii. declares that a European day dedicated to the memory of the Roma victims during the Second World War is to be established, the commemoration date of which should be decided by member States individually further to paragraph iv below;

 

iii. calls on member States to officially recognise the genocide of Roma and other forms of persecution against them (deportation, internment) that took place during the Second World War;

 

iv. calls on member States that have not yet done so to decide to officially commemorate, every year, the genocide of Roma during the Second World War, explicitly associating the Roma in the national day established in memory of the victims of the Holocaust and, where appropriate and in consultation with Roma communities, setting a specific national day of remembrance for Roma victims, on 2 August or another appropriate date;

 

v. encourages member States to ensure the teaching of the history of the Roma in school curricula, in particular the genocide of Roma during the Second World War, and employ additional means to promote a better understanding of this genocide, using appropriate terminology following consultation with the communities concerned.

 

 

 

[1] All endorsed thematic reports are accessible on CAHROM public website at: http://hub.coe.int/web/coe-portal/cahrom1.

[2]. A minority of member States expressed concern about the legal implication of using the term “genocide” to describe the extermination of Roma during the Second World War. Therefore, the Ad hoc Committee of Experts on Roma Issues requested that this term be examined by the Legal Advice Department prior to the submission of this text to the Committee of Ministers.

[3]. The term “Roma” in the present text shall be understood as Roma, Sinti and other related groups that were targeted during the Second World War.