570th meeting - 1-2 July 1996

Item 6.2

6.2

RECOMMENDATION 11 (1995) OF THE CONGRESS OF LOCAL AND REGIONAL AUTHORITIES IN EUROPE (CLRAE) ON "TOWARDS A TOLERANT EUROPE: THE CONTRIBUTION OF RROMA (GYPSIES)"

(GR-SOC(96)8 revised)

Chairman's Summing-up

The Chairman noted the wish expressed by the delegation of the Russian Federation that a Russian expert take part in the meetings of the Group of specialists on Roma/Gypsies (MG-S-ROM) and the intention of the Secretariat to submit to the CDMG the relevant modification in the Group's terms of reference.

Decision

The Deputies adopted the following reply to Recommendation 11 (1995) of the Congress of Local and Regional Authorities of Europe (CLRAE) on "Towards a Tolerant Europe: the contribution of Rroma (Gypsies)":

"The Committee of Ministers noted with interest Recommendation 11 (1995) of the Congress of Local and Regional Authorities of Europe on "Towards a Tolerant Europe: the contribution of Rroma (Gypsies)" and wishes to assure the Congress that matters relating to Roma/Gypsies are an ongoing object of concern on its part.

Regarding the many issues raised in Recommendation 11, the Committee of Ministers would draw the attention of the Congress to the fact that some of its preoccupations as expressed in Recommendation 11 have already been voiced by Parliamentary Assembly Recommendation 1203 (1993) on Gypsies in Europe to which the Committee of Ministers has already replied. This has been taken into account when preparing the following replies.

6.i - The Committee of Ministers has instructed the Steering Committee on Social Policy (CDPS) to investigate steps taken by member States to act on Resolution (75) 13 of the Committee of Ministers on the social situation of travellers in Europe and to take any appropriate steps required to update this Resolution.

6.ii and iii - The Committee of Ministers has decided to set up a Group of Specialists responsible for submitting an action plan for approval by the Committee of Ministers and implementation in collaboration with the European Committee on Migration (CDMG). It has also noted the designation by the Secretary General of a member of the Secretariat as the co-ordinator of activities relating to Roma/Gypsies, with a view to promoting dialogue on policies and issues relating to Roma/Gypsies and establishing contacts with Roma/Gypsy organisations. However, the Committee of Ministers did not think it appropriate to follow up on the proposal to appoint a Roma/Gypsy mediator.

Item 6.2 (cont'd 1)

6.iv - The Group of Specialists on Roma/Gypsies (MG-S-ROM) referred to in points 6.ii and iii above, comprises experts appointed by governments, and one representative of the Congress and one of the Parliamentary Assembly. Its terms of reference are "to establish working relationships with selected Roma/Gypsy associations which it feels are in a position to make a useful contribution towards its work". As the work carried out with these associations has proved useful since the first meeting of the Group (20-21 March 1996), it can be said that the MG-S-ROM represents a step towards what was called for by the Congress, especially considering that two of the experts taking part in the Group's activities are Roma themselves. Furthermore, the Group has decided to ask certain representatives of Roma (Gypsy) associations to take part in its work on a regular basis. Other NGOs will also be invited to attend meetings on an occasional basis, depending on the items on the agenda.

6.v - The Committee of Ministers has instructed the CDMG and the Ad hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR) to examine the nature and scope of the international mobility of Roma/Gypsies and, if necessary, to propose solutions to any problems pinpointed.

6.vi - With regard to the recommendation made also in paragraph 6.xxii, regarding the organisation of a seminar of experts on the legal status of Roma (Gypsies) in Europe and in member states, the Committee of Ministers points out that, during its first meeting, the MG-S-ROM referred to the need to deal with the question of the legal status of Roma (Gypsies) and possibly to prepare a study on the legal status of Roma (Gypsies) in the member states in order to identify existing deficiencies and be in a position, wherever necessary, to suggest reforms of national legislation. However it was stressed that such a study would inevitably be highly complicated and extremely costly to carry out. The same goes for the plan to hold a seminar on the legal status of Roma (Gypsies). Accordingly, the Committee of Ministers considers that the MG-S-ROM could look into the possibility of compiling an inventory of studies already conducted on this subject, so as to ascertain whether they form a satisfactory response to the Congress's request. It also points out that any states having to deal with problems in this area may take advantage of the Council of Europe's experience in matters of legal status and nationality law. In this connection the Committee of Ministers would like to draw attention to the declassification of the report on "The situation of Gypsies (Roma and Sinti) in Europe" (CM(95)78) - which contains a passage on the legal status of Roma (Gypsies) - as well as the recent publication of the report of the Council of Europe experts on the citizenship laws of the Czech and Slovak Republics and their implementation.

6.vii - The Committee of Ministers has already had occasion to welcome the contribution which the Network of Cities for the reception of Roma (Gypsies) in municipalities has made towards reducing the economic and social disadvantages of Roma (Gypsies).

Item 6.2 (cont'd 2)

6.viii - The Committee of Ministers has declared itself in favour of a contribution from the Social Development Fund - in accordance with its procedures - aimed at improving the situation of Roma (Gypsies). Regarding the European Union and the European Bank for Reconstruction and Development, the Committee of Ministers calls for increased co-operation between these bodies and the Council of Europe, to ensure that Roma (Gypsy) organisations are more aware of the existence of, and conditions and means of access to, funds within the different institutions, whilst avoiding duplication of effort and the risk of wasting available resources. It also points out that a representative of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and a representative of the European Commission attended the first meeting of the MG-S-ROM as observers; these representatives confirmed, during the meeting, the determination of their respective organisations to continue and increase co-operation with the Council of Europe regarding the Roma (Gypsies).

6.ix - The Committee of Ministers believes that before it adopts any position on the feasibility of a European solidarity fund, the Congress should clarify the nature of its proposal.

6.x, xi and xii - The Committee of Ministers has already acknowledged the contribution of existing texts and programmes (such as the European Charter for Regional and Minority Languages, the Framework Convention for the Protection of National Minorities, the Demosthenes Programme, and the programme of confidence-building measures) towards improving the status of Roma (Gypsies) in some member states and combating forms of discrimination and intolerance against them.

6.xiii - Failing an Information Centre - which it will not be possible to set up at this stage owing to the high costs involved - a documentation unit on Roma (Gypsies) has been set up under the auspices of the Co-ordinator of activities relating to Roma (Gypsies). Recently a "Newsletter"on the activities of the Council of Europe relating to Roma (Gypsies) was set up and helps to disseminate information on current and future activities in this field. Furthermore, the Committee of Ministers adopted on 3 May 1996, at its 98th session, a Declaration on the follow-up to the European Youth Campaign against Racism, Xenophobia, Anti-Semitism and Intolerance.

6.xiv - The Committee of Ministers has already asked the ECRI to turn its attention to discrimination, prejudice and violence against Roma (Gypsies). Furthermore, the Steering Committee on the Mass Media (CDMM) has set up a Group of Specialists on Media and Intolerance (MM-S-IN) whose terms of reference include the contribution of the media towards combating racism and intolerance including means of raising the awareness of media professionals themselves. The advisory visits to some countries where the situation is most tense, which the Congress recommends the ECRI should organise, already fall, in part, within the remit of the Co-ordinator who is responsible for promoting dialogue on issues and policy in the area of Roma (Gypsies). The Committee of Ministers has decided to pass the text of Recommendation 11 on to the ECRI and the CDMM.

Item 6.2 (cont'd 3)

6.xv and xvi - The Committee of Ministers urges the member states on the one hand and local authorities on the other to introduce training programmes as proposed by the Congress, based in particular on the experience acquired by some municipalities belonging to the Network of Cities referred to above and on the European Union training programmes for mediators.

6.xvii - As regards the need pointed out by the Congress to introduce settlement policies for Roma (Gypsy) communities with an itinerant lifestyle and to ensure that Roma (Gypsy) communities who wish to become sedentary are granted "permanent residence rights that can help solve their housing and health problems and meet their educational and vocational training needs", the Committee of Ministers considers that Roma (Gypsy) communities should benefit from the same treatment in respect of rights to temporary or permanent residence as is afforded, depending on the circumstances, to nationals and foreigners.

6.xviii - The Committee of Ministers must express reservation concerning the proposal of a Covenant between Roma (Gypsies), European institutions and public authorities in the absence of any clarification as to the nature and implications of such an arrangement.

6.xix and xxi - The Committee of Ministers has asked the Co-ordinating Committee of the interdisciplinary project on "Human dignity and social exclusion" to take full account of questions affecting Roma (Gypsies), in accordance with the Congress's request. It has also urged the CDEG to continue its activities on behalf of Roma (Gypsy) women, following the Hearing held in September 1995.

6.xx - As regards the setting up of a Roma (Gypsy) Cultural Route, for which an exploratory study has already been completed, the Committee of Ministers draws the Congress's attention to the fact that the Council for Cultural Co-operation (CDCC) is currently carrying out an overall appraisal of the Council of Europe's experience with "cultural routes", including an evaluation of subsequent operations. Under these circumstances, the Committee feels that it is preferable to await the CDCC's conclusions before thinking about launching a new project.

6.xxiii - The Committee of Ministers wishes to point out that the Standing Conference for the Co-operation and Co-ordination of Romani Associations in Europe took an active part in the meeting of the MG-S-ROM and that the Committee greatly appreciated the contribution of the Standing Conference towards its work.

6.xxiv and 6.xxv - The Committee of Ministers notes that in spite of the need for improved dissemination of information about Roma (Gypsies) in Europe, budgetary restraints do not presently enable support for information services such as "Romnews" or "Interface"."