FINAL REPORT OF THE EXPERTS OF THE CAHROM THEMATIC VISIT

ENDORSED BY WRITTEN PROCEDURE AFTER THE 12^th CAHROM PLENARY MEETING IN NOVEMBER 2016

CAHROM (2016)9

                             

AD HOC COMMITTEE OF EXPERTS ON ROMA AND TRAVELLER ISSUES[1] (CAHROM)

__________

THEMATIC REPORT ON THE EMPOWERMENT AND PARTICIPATION

OF ROMA AND TRAVELLERS

IN ADVISORY BODIES AND CONSULTATION MECHANISMS

(WITH A FOCUS ON ROMA WOMEN AND YOUTH)

__________

(following the thematic visit to Dublin, Ireland, on 8-10 February 2016)

__________

Mr Deaglan S. Ó BRIAIN                  Principal, Equality Division, Department of Justice and Equality

Ms Marie STANLEY                          Traveller & Roma Inclusion Unit, Department of Justice and Equality

Ms Isabelle MARTIJN (excused for the visit)           Attaché, PPS Social Integration, Federal level, Belgium

Mr Aleksa ĐOKIĆ                                                              Assistant Director, Government Office for Human Rights and Rights of National Minorities, Croatia

Ms Kristina STRÆDET GITMARK                                Specialist Director, Department of Sami and Minority Affairs, Ministry of Local Government and Modernisation, Norway

Mr José Miguel MACHIMBARRENA CUERDA         Head of Area of Programs, Deputy Directorate for Social Programs, D.G. for services to Family and Children, Ministry of Health, Social Services and Equality, Spain

Mr Paul d'AUCHAMP                                                        Deputy Regional Representative for Europe, OHCHR Europe Regional Office

TABLE OF CONTENTS

I.    INTRODUCTION                                                                                                                                                          page 3

1.1          Context of the thematic report and visit                                                                                           page 3

1.2          Terminology                                                                                                                                         page 3

1.3          Programme of the thematic visit and main issues addressed                                                    page 4

1.4          Composition of the thematic group                                                                                                  page 4

1.5          Size, composition, language, lifestyle and the situation of Roma and Travellers                  page 5

                                1.5.1. Ireland                                                                                                                                        page 5

                                1.5.2 Belgium                                                                                                                                       page 6

                                1.5.3 Croatia                                                                                                                                         page 7

                                1.5.4 Norway                                                                                                                                        page 8

                                1.5.5 Spain                                                                                                                                           page 9

                                                               

II.   EUROPEAN AND INTERNATIONAL STANDARDS AND REFERENCE TEXTS                                        page 10

                2.1          At the level of the Council of Europe                                                                                                               page 10

                2.2          Other European/international standards and reference texts                                                    page 14

III.  THE EMPOWERMENT AND PARTICIPATION OF ROMA AND TRAVELLERS

IN ADVISORY BODIES AND CONSULTATION MECHANISMS                                                                      page 16

          3.1          Legislative and policy framework                                                                                                     page 16

3.1.1       Ireland                                                                                                                                   page 16

3.1.2       Belgium                                                                                                                                 page 16

3.1.3       Croatia                                                                                                                                   page 17

3.1.4       Norway                                                                                                                                  page 18

3.1.5       Spain                                                                                                                                     page 18

3.2          Existing advisory bodies and consultation mechanisms                                                             page 19

3.2.1       Ireland                                                                                                                                   page 19

3.2.2       Belgium                                                                                                                                 page 20

3.2.3       Croatia                                                                                                                                   page 20

3.2.4       Norway                                                                                                                                  page 21

3.2.5       Spain                                                                                                                                     page 22

IV. ANALYTICAL APPROACH ON PARTICIPATION BY ROMA AND TRAVELLER ORGANISATIONS

IN IRELAND                                                                                                                                                                  page 25

4.1          Pavee Point                                                                                                                                          page 25

V.   CONCLUSIONS, LESSONS LEARNED, GOOD PRACTICES IDENTIFIED AND FOLLOW-UP                            page 28

5.1          Conclusions and lessons learnt concerning the organisation of thematic visit                       page 28

5.2          Thematic visit assessment by requesting and partner countries’ experts                                                page 28

5.3          General conclusions and lessons learnt                                                                                        page 30

5.4          Good practices identified                                                                                                                   page 32

5.5          Envisaged follow-up                                                                                                                           page 32

APPENDICES:                                                                                                                                                                    page34

Appendix 1:           Official invitation letter                                                                                                                        page 34

Appendix 2:           Programme of the CAHROM thematic visit in Ireland                                                                  page 34

Appendix 3:          List of experts and participants in the thematic visit                                                                      page 34

Appendix 4:          Areas covered by National Roma Integration Strategies in participating countries                               page 34

Appendix 5:          Regional/local networks of authorities on Roma and/or Traveller issues                                                page 34

ADDENDUM:       PowerPoint presentations and other contributions received                                          Page 35

I.                     INTRODUCTION       

1.1                Context of the thematic report and visit

There is nowadays a common agreement among member States of the Council of Europe on the principle “for Roma with Roma” and on the need of ensuring effective consultation, if not fully-fledged participation, of Roma and Traveller community representatives in Europe. Roma and Traveller should not only be the object of policies or target groups of projects; they should be the subject of these changes and active contributors to any policies or projects concerning their communities.

The national Roma inclusion strategies (NRIS) in European Union Member States but also inclusion strategies and action of plans developed by non- EU countries all guarantee the participation and empowerment of Roma and Traveller communities, at least on paper.

One should add that all conducted policy activities financed from public resources but also other donors require a particular care concerning their effective use. One of the important factors is the sensible used of public resources for the improvement of the Roma and Traveller situation in order to enable them to proper exercising full citizen’s rights and duties and enable them to contribute to the socio-economic life of respective countries with full respect to their human rights, and where relevant, as ethnic/national minorities.

In general terms, Roma and Traveller communities in Europe belong to the worst educated minorities, face higher illiteracy rates than the rest of the population and face lower employment levels due to lack of diplomas; however, their grass-root knowledge of their needs and living experience of problems they encounter can and should contribute to the effectiveness and accuracy of any activities or policy measures undertaken to improve their situation. These activities should rely on effective consultations and regular co-operation between the authorities and the Roma and Traveller communities at all levels (federal where relevant, national, regional and especially the local level but also at NGO, family or individual levels) for matters, policies and projects concerning them directly. That is why Roma and Traveller consultation and participation, as well as their empowerment to be effective in that role are crucial for the success of inclusion processes. Consultation should also aim at taking into consideration cultural aspects that are specific to Roma and/or Traveller communities, as well as more specific needs of certain sub-categories within Roma and Traveller communities, often more vulnerable, such as children, elderly, women, youth, migrants (as opposed to nationals), etc.

1.2                Terminology and scope of the thematic visit        

Consultation v. participation

The thematic visit organised in Dublin at the invitation of the Irish authorities received by the Secretariat on 18 January 2016 (see Appendix 1) aimed at examining the empowerment and participation of Roma and Travellers in advisory bodies and consultation mechanisms and paid particular attention to empowerment and consultation of women and youth. It did not address, and had no intention to from the beginning, participation of Roma and Travellers in state/public institutions at all levels and in decision-making structures (such as government and parliament). A separate CAHROM thematic visit to explore this more specific topic is envisaged at a future stage, pending confirmation of a requesting/hosting country[2].

“Participation” is the active involvement of a person or a group of people within an activity and goes beyond consultation to being a form of active, continuing and effective engagement[3].

Whilst it is expected that consultation focuses on matters directly affecting Roma and Travellers, their participation in state institutions and decision-making may imply that Roma and Travellers deal with topics and issues that are not necessarily limited to Roma and Traveller-related matters. Expectations and mechanisms are therefore not the same.

                                                                                 

1.3                Composition of the thematic group

Ireland was represented in the thematic group by the Irish CAHROM member and his substitute, both working for the Department of Justice and Equality, in the Travellers and Roma Inclusion Unit. Partner countries were also represented by their respective CAHROM member (or substitute member in the case of Croatia).

For the first time, a representative of the Office of the United Nations High Commissioner for Human Rights (OHCHR), which has an observer status in CAHROM, joined a thematic visit. The Terms of Reference of the CAHROM allow the European Commission and national or international organisations having observer status in CAHROM to participate at their own costs in CAHROM thematic visits. The OHCHR Regional Representative for Europe, Mr Jan Jařab, expressed the wish to send his Deputy to the thematic visit to Ireland as it was regarded as a useful follow-up to the Workshop on the Rights of Travellers that the OHCHR had organised in Brussels in June 2015. NGOs representatives from both Belgium and Ireland (including Pavee Point) had attended the OHCHR workshop.

The list of the experts participating in the thematic group can be found in Appendix 3.

                 

1.4                Programme of the thematic visit and main issues addressed

The agenda (see Appendix 2) included meetings and discussion with four relevant ministries (Department of Justice and Equality; Department of Education; Department of the Environment, Community and Local Government; Department of Children and Youth Affairs) and with the  South Dublin County Council, as well meetings and discussion with Roma and Traveller organisations, including Pavee Point, Minceir Whiden, the Irish Traveller Movement, the National Traveller Women’s Forum and Involve association.

Field visits to education and housing/accommodation projects were conducted, including to a Traveller Roadside and Temporary accommodation Site in Finglas (outskirts of Dublin). Other projects, such as The Enniscorthy Roma Project, Tallaght Roma Integration Project and the work of Pavee Point were presented and discussed. A debriefing session between the experts of the thematic group was organised in the morning of the third day.

Some of the main issues addressed during the thematic visit were the following:

1)              Existing consultation mechanisms and advisory structures for Roma and Travellers (composition, statutes, role and objectives, challenges, etc.);

2)              Legislative framework to establish such structures;

3)              Representation and participation of Roma women and youth in those structures;

4)              Empowerment mechanism put in place to develop capacity-building for Roma and Travellers involved in consultation mechanisms/advisory bodies, with a focus on Roma women and youth;

5)              Consultation of Roma and Traveller families, community leaders and NGOs at regional and local levels.

A particular focus was put on the participation of Roma and Traveller women since they are victims of multiple discrimination and are facing in the everyday life all negative consequences of marginalization and exclusion.

Moreover, Roma and Traveller women are often more active, more open to address taboo issues within the communities, and more change-oriented.

Equally important for the topic of participation in the process of integration is the group of young Roma and Travellers. This is the group with better education, higher aspiration and the bigger demand for full participation in civic life of the respective country than older generations. It is estimated about 4 million young Roma and Travellers live in the 47 Council of Europe member States.

Very often women and young people are the engines of changes in Roma and Traveller communities and are guiding lights and “allies” in modernization process that would require special support from the side of authorities. Despite of lower education level, lover familiarity with legal, institutional or administrative procedures which are basic for processes of contemporary life among the Roma and Traveller community, the steps and activities taken by the governments should serve to Roma community not only in improving their socio-economic conditions but also for building their civic capacities in various fields. National strategies should become a kind of informal school of civic activity and civic responsibility of Roma and Travellers as the fully-fledged citizens.

Their active involvement and participation can and should become the element of change and a response to the common widespread negative about Roma and Travellers that they are the “only demanding” groups that are passively expecting public funding support. That is the reason why the authorities should create the mechanisms of active and responsible participation of Roma and Traveller communities in taken actions by empowering the Roma and Traveller communities’ capacities enabling them the active participation on equal basis as partners of on-going processes of improving the Roma and Traveller situation in Europe and in the respective countries.

1.5                Size, composition, language, lifestyle and situation of Roma and Travellers

 

                                1.5.1. Ireland       

Travellers are an indigenous minority group in Ireland and have distinct cultural values and a shared history which sets Travellers apart from the majority population. Irish Travellers are native to Ireland. There is an estimated 40,000 Irish Travellers in Ireland, accounting for less than 1% of the total population. Data taken from the 2011 census indicates that the average age of all Irish Travellers was 22.4 compared with 36.1 for the general population, and over half of all Travellers (52.2%) were aged under 20. Unemployment in the Irish Traveller community was 84.3%. Seven out of ten Travellers (69%) were educated to primary level at most, and the number of Irish Travellers who completed third level in 2011 was 115 (i.e. 1%). Irish Traveller households have a significantly lower home ownership rate than the general population with 1 in 5 (20.2%) Traveller households owning their home compared with 69.7% of the general population. 1 in 3 Traveller households (30.3%), with a total of 886 persons, who were living in mobile or temporary accommodation had no sewerage facilities in 2011.

In addition to Travellers, it is estimated that there are up to 5,000 Roma currently living in Ireland, mainly made up of persons of Romanian, Hungarian, Polish and Czech origin and their Irish-born children. Roma have the same rights and responsibilities as any other EU citizens living in Ireland. 

1.5.2 Belgium      

Roma have been present in Belgium since the 15^th century. However, Roma migrants have come in higher number since the fall of the Iron Curtain, when Belgium saw increased immigration flows from Central and Eastern Europe.

According to the National Roma Integration Strategy, there are four main groups of “Roma” in Belgium, which can be sub-divided on the basis of their migration history. The first three groups are composed mainly of Belgian citizens:

§  Sinti/Manush (called “Manouches” as in France or Switzerland or “Sinti” as in Germany and German speaking regions). They are thought to be the descendants of the first Roma who arrived in Belgium in the early 15^th century. They are also referred to as “the original migrants”. Most Sinti/Manush live (partially) in caravans and their first language is Sinti Romani; their second language is the language of the area in which they are living (Dutch, French or German). There are around 1,500 Sinti/Manush living in Belgium.

§  Roma, i.e. the descendants of Roma who arrived in Belgium following the abolition of slavery in Romanian principalities of Moldavia and Wallachia in 1856. Their first language is Vlax Romani and their second language is French. The Roma are semi‐nomadic: in summer they traveland in winter they stay on private or public caravan sites. There are around 750 Roma living in Belgium.

§  Travellers (Voyageurs) who are indigenous Belgians, descendants of the former itinerant craftsmen. Ethnically they are not linked to the Roma but they share certain cultural characteristics associated with their (past) nomadic lifestyle (housing, mobility, trades). They currently live in caravans or houses. Their first language is Dutch (in Flanders) or French (in Wallonia) but they still use a lot of words that have been borrowed from their own language, Bargoens. There are around 7,000 Travellers living in Belgium.

§  Roma migrants: the first Eastern European Roma came to Belgium after World War II (among others, Yugoslavian Roma looking for a job). However, the main influx of migrants was triggered by the fall of the Iron Curtain. The majority of these Roma have kept their original nationality and so the residence status of many of them remains precarious. However, an increasing number of Roma have been granted Belgian residence permits. Most of them live in houses or apartments.

The descendants of the earliest migration waves (non‐migrant Roma) are still travellers or semi‐nomads, while the Roma coming from Eastern Europe are generally sedentary.

The National Roma Integration Strategy (NRIS) refers to the estimates of the Council of Europe (“around 30 000 Roma living in Belgium”), which represent 0.29% of the total population. These numbers are however based on old (and out-dated) estimates. The actual numbers are undoubtedly higher. For example, in Brussels, an increase of 4,000 Roma was noted as compared to 2004 figures. There are no reliable data at hand as no estimates exist for Wallonia. The only ethnic data included in the NRIS are those of the Flemish Action Plan of Central and Eastern European migrants, including Roma, adopted in 2012.

The below table indicates estimates of Roma living in various towns/cities in Flanders and Brussels‐Capital region, originally indicated in the Flemish Action Plan on Eastern and Central European migrants (source: NRIS):

	Influx of Central and Eastern European migrants in 2010	Estimated number of Roma in 2010
Antwerp	3,600	4,000
Ghent	1,935	4,300
Sint‐Niklaas	234	800
Heusden‐Zolder	148	75
Diest	73	230-250
Temse	58	400
Brussels Capital Region		6,500-7,000[8]

However, it is not clear from the table what exactly indicates the “estimated number of Roma in 2010” column. It may refer to a number of different statistics: Roma migrants already present in Belgium in 2010. It contains the following estimates of the number of (Eastern European) Roma (migrants) living in various towns/cities in Flanders and Brussels‐Capital region:

The CAHROM thematic report on halting sites from 2013 (based on a study visit to Belgium) provides estimates that are different from the numbers above. Its estimates are more recent and highlight the nationalities of Roma migrants in different towns in Flanders and Brussels-Capital Region. The data show that the nationality of Roma is different from one town to another: Bulgarians (5,840), Slovaks (1,715) and Romanians (mostly Roma) in Ghent; mostly Romanians and Bulgarians in Brussels (in 2013: up to 10,000); Romanians and Kosovars (approximately 5,000 Roma) in Antwerp, thirteen major families of Kosovars in Temse and Saint‐Nicolas (about 1,000 people), etc.

Latest numbers include only migrants who registered in the respective municipality following a complicated procedure in getting residency permits. Real numbers might be much higher if they are to include also people who have not been issued residency permits.

As stated above, there are no official statistics on the number of Roma living in Wallonia and the German‐speaking Region. This could be explained, as previously mentioned, by the strong adherence to colour blind, inclusive/egalitarian approach in Wallonia, as well as by the fear of stigmatization.

                                                                                                 

                                1.5.3. Croatia       

Most of researchers agree that the first Roma came to Croatia as part of a larger group which arrived in Europe in the 14^th and 15^th centuries though Asia Minor and South East Europe^[9]. The first written document in which the Roma are mentioned is a mercantile record from Dubrovnik dated 1362. In 1373 the Roma were mentioned as being in Zagreb as merchants, tailors and butchers. During the 19^th century, large groups of Roma came to Croatia from Romania. They belonged to the Roma group known as the Koritari (‘trough-makers’) and they settled in Međimurje and the Drava River basin (Podravina). They spoke Boyash Romanian (ljimba d'bajaš), a Romanian idiom (a ‘Vlach’ dialect).

Boyash, together with the already present Kalderaši and Lovari, constitute the core of today’s Roma population in Croatia.

During the Second World War, the Roma community was directly persecuted under the racial laws. Though the number of Roma who lost their lives in Croatia’s territory is not known, the proportions of persecution are clear if one keeps in mind that in the records of the Jasenovac concentration camp victims listed by individual names 16,045 are Roma, including 5,599 children, while according to the 1931 census there were 14,284 Roma.^[10] After WWII, many Roma from Bosnia and Herzegovina, Serbia, Kosovo[11]  and Macedonia, mostly (western) Gurbet, and Arli settled in Croatia, and it appears that they today make a majority of Roma population in Croatia.

Roma communities in Croatia are sedentary and typically living either in relatively segregated rural settlements, or integrated in cities and towns, mostly in northern Croatia[12]. During the past several decades, the number of self-declared Roma in Croatia increased from 1,257 in 1971, to 3,658 in 1981, and to 6,659 in 1991. According to the 2001 census, 9,463 people declared themselves members of the Roma national minority, i.e. 0.21% of the total population in the Republic of Croatia, while the 2011 census brought further increase to 16,975 Roma, or 0.40 % of the total population. However, the National Roma Integration Strategy and other key documents accept the Council of Europe estimate of 30,000 to 40,000 Roma living in the Republic of Croatia.

The research conducted by the National Institute for the Protection of the Family, Motherhood and Youth in 2002 shows, in response to the question on everyday communication inside their families, that dialects of the Romani Chib are most widely spoken (42.4%), Boyash Romanian (36.5%), while 11% of the respondents speak Albanian, 6% of the families speak Croatian, and 4% Romanian. Lapov notes as the oldest non-Vlach community Gopti (or Gopi), and Gomani (Gomanešti)^[13] Vlach Roma communities include Lovars, Kalderash (rare), and Khanjars. Boyash Romanian speaking groups include Koritars and Lakatars^[14].

                                                                                               

                                1.5.4 Norway       

No statistics are currently kept in Norway on the basis of ethnic background. However, on the basis of information provided by the Roma and persons who have contact with the Roma, it is possible to estimate the total number of Norwegian Roma registered in the Norwegian National Population Register at approximately 700 persons. Of these, the large majority (over 600) reside in Oslo.

The Norwegian Roma population is culturally and socially a part of the Vlach Roma sub-group present in Western Europe. In addition, during recent years, an increasing number of Roma have arrived in Norway, particularly from Romania. The number of Roma migrants is unknown.

Norwegian Roma are recognized as a national minority group together with four other groups under the Council of Europe’s Framework Convention for the Protection of National Minorities, i.e. Kvens/Norwegian Finns (kvener/norskfinner), Romani people (romanifolk/tatere), Forest Finns (skogfinner) and Jews (jøder). Norwegian Roma have been present in today’s Norway since the 18^th century at least.

The group of 4,000 to 10,000 Romani people^[15] is now mostly sedentary following past assimilation policies. Their language is called Romani as opposed to the language spoken by Roma called Romanes in Norway. As stated above, Romani people are recognised in Norway as a distinct minority, though both Roma and Romani people would fall under the general definition of Roma used at the Council of Europe. There is a certain agreement among experts that Roma and Romani people share a common lineage originated in India. In Norway however they represent two distinct groups with different culture and history and they face different challenges when it comes to dealing with the majority population and the authorities.

                                                                                               

                                1.5.5 Spain                          

Roma people have been present in Spain since the 15th century, and, as in the rest of Europe, their history has been marked by persecution, attempts at adaptation, and phases of social exclusion.

Currently, the Spanish Roma population stands at around 725,000-750,000, figures that have been used by European institutions in their estimates on the Roma population per country. However, certain caution must be observed with respect to these figures as the real size of the population is not accurately known, with estimates of overall figures having been made using a variety of methods (projections from previous studies, in addition to local data being calculated in a number of ways, studies on housing conditions that did not consider Roma people who do not live in densely Roma populated areas, etc.). Therefore, estimates may range from 500,000 up to 1,000,000 people.

In spite of the limitations in determining the total scale of the Roma population in Spain, it is accurately known that the Roma are distributed across the national territory, with a most concentrated presence in Andalusia, where around 40% of Spanish Roma men and women reside, as well as in Catalonia, Valencia and Madrid. Although their history has been associated to rural life and geographic mobility, the current trend is for prolonged, stable settlement in urban areas, which consolidated in the 1950s, 60s and 70s to coincide with the general wave of domestic migration between rural areas and cities.

All social demographic studies carried out show that it is a young population, wherein around a third are aged below 16 years, and with birth rates substantially higher than the population average, although in the last decade this disparate rate has begun to reduce.

Lastly, it must be stressed that the total number of Roma people in Spain has increased with the arrival of Roma principally from Romania and Bulgaria who, above all since 2002 (when visa requirements for the two countries were lifted) and once again since 2007 (when they joined the EU) have chosen Spain as their country of destination. The number of Roma people of Romanian and Bulgarian nationalities who, as EU citizens, exercise their right to free circulation and residence in Spain is difficult to quantify given that they are included in the large contingents of Romanian and Bulgarian citizens temporarily or permanently residing in Spain, and due to the lack of registries that record the ethnic origin of foreign nationals in Spain.

II. EUROPEAN AND INTERNATIONAL STANDARDS AND REFERENCE TEXTS         

                                 

                2.1          At the level of the Council of Europe                                        

                                                                 

                2.2          Other European/international standards and reference texts                                                        

European Union

-               the European Union Council conclusions on an EU Framework for National Roma Integration Strategies up to 2020 in Brussels on 19 May 2011;

-               the European Parliament Resolution on the EU Strategy on Roma Inclusion (March 2011);

-               the European Parliament Resolution on the EU Strategy on Roma Inclusion (March 2011);

-               the European Commission: Report on the implementation of the EU framework for National Roma Integration Strategies (2014).

OSCE

-               the 2003 Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area;

-               the ODIHR Status Report on the Implementation of the Action Plan on Improving the Situation of  Roma and Sinti within the OSCE Area (Warsaw, 2013);[20]

United Nations

-               the Universal Declaration of Human Rights (Article 25.1);

-               the International Covenant on Economic, Social and Cultural Rights (Article 11.1);

-               the International Convention on the Elimination of All Forms of Discrimination Against Women;

-               the International Convention on the Elimination of All Forms of Racial Discrimination;

-               the International Convention on the Rights of the Child.

OHCHR

Open Society Foundations (OSF)

-       Roma Initiatives Office: “Substantive Roma participation is essential for meaningful progress on Roma rights, and Roma communities need to participate in the design, implementation, and monitoring of public policies that affect them”[21].

Phenjalipe International Roma Women’s Network

III. THE EMPOWERMENT AND PARTICIPATION OF ROMA AND TRAVELLERS IN ADVISORY BODIES AND CONSULTATION MECHANISMS

          3.1          Legislative and policy framework

3.1.1       Ireland  

Travellers in Ireland have the same civil and political rights and responsibilities as other citizens under the Irish Constitution. The key anti-discrimination measures (i.e. the Prohibition of Incitement to Hatred Act 1989, the Unfair Dismissals Acts 1977, the Employment Equality Acts and the Equal Status Acts) specifically identify Travellers by name as a protected group. The Equality Act 2004, which transposed the EU Racial Equality Directive, applied all the protections of that Directive across all of the nine grounds contained in the legislation, including that of membership of the Traveller community. All the protections afforded to in EU directives and international conventions apply to Travellers because the Irish legislation giving effect to those international instruments explicitly protects Travellers. Roma enjoy the same level of protection under the Irish legislative framework.

In 2011 Ireland adopted a National Traveller/Roma Integration Strategy aiming inter alia to develop, in consultation with local public authorities, community and other bodies, Traveller accommodation programmes containing annual targets and monitored through annual progress reports by the Department of Environment, Community and Local Government and the National Traveller Accommodation Consultative Committee (NTACC).

During 2014, the Department of Justice and Equality assessed the effectiveness of the structures in place for consultation with, and delivering better outcomes, to the Traveller and Roma communities. On foot of this, a comprehensive consultation process is currently underway in Ireland to develop a new National Traveller and Roma Inclusion Strategy to improve the situation for the Traveller and Roma communities.  Phase 1 (identification of key themes for the new Strategy) and Phase 2 (identification and agreement of high level objectives under each agreed theme) of that consultation process have been completed. The final phase, Phase 3 (identification of detailed actions to achieve each agreed objective, with associated time-scales, key performance indicators, institutional responsibilities and monitoring arrangements), will start in May 2016. This process will result in a new set of specific themes, objectives and actions that need to be undertaken to bring about a real improvement in quality of life for Travellers and Roma. It is intended that the revised Inclusion Strategy will run from 2016 to 2020 and that it will be in place from mid-2016. A number of cross-cutting themes have emerged in the consultation process such as accommodation, employment, health and education. The Department of Justice and Equality has a coordinating and monitoring role in relation to implementation of that Strategy.

Under the auspices of the Department of Justice and Equality, Ireland has undertaken a National Roma Needs Assessment which is nearing completion. Good working relationships have been developed between the Department of Justice and Equality and members of the Roma community that are active in NGOs.

3.1.2       Belgium

The National Roma Integration Strategy (NRIS), adopted in February 2012, is the only policy commitment at the federal level specifically addressing Roma populations. It aims at combatting discrimination in employment, education, housing and access to healthcare[22], in line with the priorities of the EU Roma Integration Strategy. Relevant policy initiatives are also undertaken at the regional and local levels, including the Flemish Action Plan on Eastern and Central European migrants.

Due to the high number of migrants to Flanders from Eastern and Central Europe since the 1990s, Flemish authorities adopted specific action plans and began implementing projects to adequately address the new demographic situation. The Flemish Action Plan on Central and Eastern European migrants, including Roma, was adopted in 2012 (and is the only official Belgian source which offers Roma‐specific data).

Consideration is given to coordinate actions at federated level and to gather reliable data, both of which are essential if policies are to be implemented effectively.

3.1.3       Croatia

Roma in Croatia’s territory were first recognized as a national minority in the Constitution of 1974, after which Roma have been guaranteed the protection of their minority rights. As to the current legislation, the most important is the set of laws related to the Constitutional Law on Rights of National Minorities (from 2002, amended in 2010), ensuring Roma minority representation in the Croatian Parliament, regional and local executive and representative bodies. Accompanying laws, include the Law on the use of the Language and Script of National Minorities in the Republic of Croatia and the Law on Education in the Language and Script of National Minorities^[23].

First structured measures for Roma minority integration were introduced through the National Roma Programme adopted by the Government in 2003 and the Action Plan of the Roma Decade from 2005 setting a series of goals in the fields of education, health, employment and housing). Both documents were replaced by the National Roma Integration Strategy (2013-2020) adopted in November 2012 and an accompanying Action Plan (2013-2015) adopted in 2013^[24].

The Strategy has been aligned with the identified needs and challenges related to Roma inclusion at all levels: local, regional, national, and in the context of EU. It contains goals and targets set as guidelines for making public policies aimed at the socio-economic inclusion of Roma communities up to 2020. The National Roma Integration Strategy has preserved the wide scope of NRP with some shortcomings, as identified by a recent evaluation^[25]. Comprehensive reports on the annual implementation of the Action Plan are adopted and published by the Government.

Following the mapping of Roma settlements in 2005-2006 by the Ministry of Construction and Physical Planning, and attempts to develop regional and local action plans, several counties have brought their own programme documents regarding marginalized Roma.

A comprehensive policy framework exists in respect of gender and youth issues. While most measures and activities as defined by operational documents are mainstreamed, the National Strategy for Roma Inclusion 2013-2020 pays particular attention to the Roma women and youth. It does not have a separate chapter on gender issues, but it strives to integrate them into all aspects of public policies. This approach has been commended by the European Roma and Travellers Forum in their analysis of the gender issues in the national Roma integration strategies^[26].

Various measures for Roma empowerment have been implemented since late 1990’s. The National Roma Programme (2002-2012) and the Action Plan for the Decade of Roma Inclusion 2005-2015 introduced targeted measures addressing capacity building and participation of Roma, particularly Roma women and youth.

Thus, councils of Roma national minority and individual representatives, as well as local and regional authorities, have been provided trainings on the implementation and monitoring of the Constitutional Act on Rights of National Minorities. Roma were also targeted through other activities addressing all national minorities in Croatia: GOHRRNM, in the framework of the implementation of the Constitutional Act on the Rights of National Minorities (CARNM), with the support of the National Council for National Minorities (NCNM), organises regular seminars on the role and enhancement of the work of councils and representatives of national minorities. The seminars covered topics such as present role and work of councils and representatives of national minorities, problems encountered by councils and best practice examples in the work of councils. Special focus was put on strengthening the role of councils and representatives and fostering better coordination with representatives of local/regional self-government units.

According to the incomplete data available to MoPA^[27], local and regional CNMs and IRs are annually funded with almost 25 MHRK (3 MEUR), though the report does not disaggregate according to ethnicity and it is not known how much of these funds reached Roma CNMs and IRs. Since their work is mostly dependent on the funds provided by their respective regional/local self-governments, councils and representatives in underdeveloped municipalities are usually in a particularly difficult financial position. Therefore, the Government of RoC has continually provided financial support directly to CNMs and IRs in underdeveloped local/regional self-government units, according to their development index, and for example in 2014, 3 Roma CNMs, and 5 IRs were directly financed.

Roma women and youth have participated in topical and networking events, including regular annual trainings both within mainstream and targeted measures.

With the support of the MtM and the assistance of UNDP, GOHRRNM has conducted in 2013-2014 capacity building of the National Commission for the Monitoring of the NRIS, including trainings on the national and local level. Particularly important in that respect was development of the Framework for Monitoring and Evaluation of the NRIS and the accompanying Action Plan with several recommendations for improvement of NRIS and AP, as well as monitoring and evaluation process.

3.1.4       Norway

In June 2009, the Government presented the Action Plan to Improve Living Conditions for Roma in Oslo. The plan was prepared in cooperation with various ministries and in dialogue with the Municipality of Oslo and the Norwegian Roma.

The Government received an evaluation of the Action Plan in December 2014. This evaluation highlighted the need for a revision of the efforts to improve Roma's living conditions. In dialogue with the Roma community and the municipality of Oslo, the Ministry of Local Government and Modernisation is currently assessing how to follow-up the evaluation.

To enable the national minorities to participate in the implementation of the Framework Convention, a separate grant scheme for national minorities was established in 2000. For 2015, the Storting allocated NOK 6.9 million to the grant scheme. The Ministry of Local Government and Modernisation administers this grant scheme. The Ministry has given priority to awarding most of the funding as operating aid (previously called basic support) to the organisations rather than project support. Within the operating aid, the organisations themselves can prioritise the projects they want to initiate. In the period 2010–2014, operating aid of approx. NOK 23.8 million was awarded to a total of nine organisations. In the same period, approx. NOK 11 million in project support was allocated to a total of 76 projects. In 2015, NOK 5.33 million in operating aid was allocated to nine organisations and NOK 1.57 million to nine different projects. The goals of the grant scheme are active participation in society, equal possibilities, and anti-discrimination.                         

3.1.5       Spain

The Constitution of the Kingdom of Spain from 1978 stipulates the following:

Article 9.2: It is the responsibility of the public authorities to promote conditions ensuring that freedom and equality of individuals and of the groups to which they belong are real and effective, to remove the obstacles preventing or hindering their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life.

Article 14: Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other personal or social condition or circumstance.

The Roma Development Plan was first elaborated in 1988. It is a cooperation tool aimed to financing projects on social intervention of general approach by the National, the regional and local administrations. The most relevant characteristics of this Plan could be summarized in the following points:

• Collaboration with the Autonomous Communities and, through them, with the Local Corporations.
• Technical and financial cooperation with Roma associations and NGOs working with the Roma population;
• Coordination with other ministries;
• Increased participation of Roma organisations in official institutions;
• Protection of the image avoiding stereotypes and making the public opinion aware of cultural differences;
• Training professionals working with Roma.

The National Roma Integration Strategy 2012-2020 was designed according to an accurate diagnosis of the current situation of Roma people in Spain in four main areas into which there was a gap in comparison with the rest of the population: Education, Employment, Housing and Health. In these four areas a series of main goals, mid-term and long-term, was set to be achieved within a four and eight years’ time horizon respectively. The Strategy is implemented through a three-year long Operational Plan that sets more specific goals that are in straight relation with the long term strategic ones. Every year the Department for Social Services develops an Annual Report to measure the improvements and introduce the required changes, if needed. During 2016 the mid-term impact evaluation will take place to check the accomplishment degree of the mid-term goals according to the indicators and standard goals that we set up in the Strategy.

                 

3.2          Existing advisory bodies and consultation mechanisms

3.2.1       Ireland  

There are Traveller and Roma representatives on the National Traveller and Roma Inclusion Strategy Steering Group which was established in 2015 and meets every two months. It has been chaired to date by the Minister of State for Culture, New Communities and Equality. It comprises senior officials from all relevant Government Departments and Agencies as well as representatives of a number of Traveller and Roma organisations. The establishment of the Steering Group forms part of Ireland's response to the recommendations made by the European Commission's 2014 report on progress in Ireland on Roma integration. Those recommendations refer to the State's monitoring mechanism’s need to have a stronger focus on assessing the impact of integration efforts on Roma in Ireland. They also suggest that the conclusions of that monitoring should lead to recommendations by the Steering Group to be channelled into policy development. It is anticipated that the Steering Group will finalise and agree the draft National Traveller and Roma Inclusion Strategy 2016 – 2020 in the coming months and submit it to Government for implementation across the public sector.

In order to strengthen, inform and support such Roma representation, a Roma sub-committee of the National Traveller and Roma Integration Strategy Steering Group is in the course of being established within the overall steering committee structure.The intention is to support Roma groups to reach, in turn, those most at the margins of Irish society (e.g. including those engaged in begging). Participation in formal education is a key challenge for both Travellers and Roma and a pathway to inclusion and an improved quality of life for this and future generations are key aims of the Steering Group.

The Traveller Education Advisory and Consultative Forum, which has responsibility for overseeing the implementation of the recommendations contained in the Strategy is currently working to a thematic approach to address the core issues of attendance, attainment, and retention of young Travellers in education. Membership of the Forum includes Traveller representative groups and representatives of the education partners and of relevant policy areas of the Department of Education and Skills.

The National Traveller Accommodation Consultative Committee was established, on a statutory basis, under the Housing (Traveller Accommodation) Act 1998. It operates under the auspices of the Minister for the Environment, Community and Local Government. The Department of Justice and Equality is represented on the Committee. The Committee is comprised of Traveller representatives, state officials and county council officials. The terms of reference of the Committee are to advise the Minister in relation to:

• any general matter concerning accommodation for Travellers;
• in relation to any matter referred to it by the Minister on the appropriate measures for improving, at local level, consultation with, and participation of, Travellers in the provision and management of accommodation; and
• general matters concerning the preparation, adequacy, implementation and co-operation of Traveller accommodation programmes.

 

3.2.2       Belgium

A Council of Roma, Sinti and Travellers was recently created as an advisory body that seeks to represent these communities in Belgium. Among the Council's priorities there is fighting discrimination and anti-Gypsyism and raising awareness in Belgian society about their customs and traditions. In the Flemish Community, provision has been made for several awareness-raising programmes under the Strategic Plan for Travellers.

Considerable differences continue to exist between the three different parts of the country. In particular the Flemish Region seems to have a more structured policy, in terms of funding, legislation and practice. The Walloon Region favours negotiation and consultation with representatives of the Traveller Community and municipalities over legislation and responds to transit site needs on a case by case with ad hoc sites. However, a number of Roma NGOs encouraged the Belgian authorities to work more closely with Roma, Sinti and Traveller organisations, be regularly in dialogue with them and involve them in the implementation, as well as in the monitoring of the implementation of the Strategy^[28].

Policy Participation in Flanders (with focus on policy participation by young people and women)

Minorities Forum:

It is stipulated by law that the Government of Flanders recognises one participative organisation which acts as a forum for organisations of persons with a migrant background and caravan dwellers. It is the participative organisation’s remit to promote the target group’s participation in society, while making sure its activities are sufficiently spread at the local level. To this end it carries out at least the following tasks:

-       promoting interests;

-       representing the target group vis-à-vis the Flemish authorities;

-       enhancing empowerment and emancipation in the target group;

-       making policy recommendations;

-       working on an accurate public perception of the special target groups.

The participative organisation is independent in the performance of its responsibilities, which include the independent formulation and communication of advisory opinions and recommendations and the independent composition of its bodies.

Within the available budget appropriations the Government of Flanders annually allocates a general operating grant and an investment grant to the recognised participative organisation to develop activities which are sufficiently spread at the local level.

•               The annual grant on the basis of a multi-year plan amounts to €710,073 (10 FTEs) for 2016. One FTE specifically focuses on Roma and caravan dwellers.

•               The communities are mainly represented through membership in self-organisations. One self-organisation of caravan dwellers is a member. There are no self-organisations of Roma who are formally members.

•               With regard to the policy participation of caravan dwellers a network has been built, which frequently organises visits to caravan sites and consultation meetings with caravan dwellers.

•               Until 2013, a Roma Network was also in place. However, owing to the difficult functioning of this network it was decided not to organise any specific group meetings for Roma key figures for the time being, but to rather maintain individual contacts and take part in activities of self-organisations and other actors. The idea is to gain a better understanding of the needs of these groups in order to provide activities in the future that are increasingly tailored to the Roma Network.

•               A Facebook page (exclusively for Roma and caravan dwellers) is used to exchange information.

Research into policy participation by persons with a migrant background:

The Government of Flanders already recognises and subsidises the Minorities Forum as a participative organisation. The Minorities Forum gives a voice to the target groups of the integration policy and defends their interests. Through local integration grants local authorities are also encouraged to realise policy participation. However, we want to examine whether this meets the expectations of both the target group and the government in terms of policy participation. We also ask that successful methodologies be looked for, at home and abroad, of policy participation by persons with a migrant background. The results and recommendations of this research will then be used to take action to improve policy participation by persons with a migrant background.

This research should take account of the super-diversity, the gender aspect, intergenerationality and difficult-to-reach sub-target groups (guidance strategy).

This research runs until 30 June 2016. It would therefore be interesting if any successful methodologies could still be detected on the basis of this exchange, which could feed into the research.

From the angle of Equal Opportunities Policy (gender aspect):

Subsidisation of the non-profitmaking organisation Ella vzw, a knowledge centre on gender/ethnicity. It mainly offers training to intermediaries. In the recent past it also gave bespoke gender training specifically to Roma girls at the request of (the Roma section of) the Brussels integration centre De Foyer. Specific work on policy participation does not belong to its responsibilities. 

In view of the women’s days which it organises each time in a different location, the Women’s Consultation Committee (Vrouwen Overleg Komitee/VOK) maintains contacts with an extensive network of local women’s organisations, which no doubt also include Roma sometimes. However, the Committee does not engage in structural cooperation with this group.

When it specifically concerns policy participation and women, reference must be made to the Dutch-language Women’s Council as far as Equal Opportunities is concerned. This Council is an umbrella organisation for all kinds of women’s organisations. So far, no organisations of Roma women have been involved. Naturally, new members can always be proposed.

From the angle of Youth Policy:

Currently, no Roma young people are involved in the Flemish Youth Council, whose activities do not focus on Roma either.

An interesting study is ‘TOMORROW WILL BE A BETTER DAY…Participation of Roma young people in the neighbourhood and youth policy in Flanders’ which was carried out in 2014.

Local authorities

In general: Flanders also allocates grants to local authorities to develop a local integration policy. Within the context of this grant one of the priorities has always been to organise policy participation. However, since 2016, the Government of Flanders no longer sets priorities. Local authorities which have Roma and/or caravan dwellers on their territory use this grant for these target groups.

Example of Ghent city:

In Ghent four non-profitmaking organisations are in place which explicitly profile themselves as Roma organisations. Together they established the Ghent Roma Platform. However, the ‘problem’ is that action is always taken by the same people (since approximately ten years). Still, today they are thinking of broadening and rejuvenating this group. There is no structural cooperation with the local authorities, but this is mainly due to a lack of capacity. In 2016 the city wants to devote attention to ‘empowerment towards (policy) participation’ and support this process wherever possible. Two exchange programmes are already planned to reinforce this process.

3.2.3       Croatia  

The Constitutional Act on the Rights of National Minorities led to the establishment of an advisory National Council of National Minorities (NCNM). NCNM is a central body which deals with the issues related to national minorities. The National Council operates at the level of central government and it has important competencies including suggesting that State bodies discuss particular issues or conduct particular measures in relation to realization of minority rights and freedoms; providing the opinions and collecting data; and allocating funds provided for national minorities in the State Budget. These funds are in range of 4.3-5.3 MEUR annually and they are distributed to the national minority’s organizations proportionally to the size of the each national minority. The National Council also has authority to initiate monitoring and supervision of implementation of CARNM and other legislation which deals with rights and freedoms of national minorities.

At the local level, advisory bodies to city/municipality councils were established, pursuant to the Art 7. point 9. of CARNM, on participation of the members of national minorities in public life and local self-government through the Council and representatives of national minorities.

The Government Office for Human Rights and Rights of National Minorities (GOfHRRNM) has a broad mandate of coordination of activities in the areas of human rights and antidiscrimination. Among other tasks, it performs those related to the implementation of policy on equality of national minorities, and on their rights determined by the CARNM, proposes measures for realization of these rights, and prepares proposals for providing funds necessary for realization of constitutional rights of national minorities. 

In order to monitor the implementation of the National Roma Inclusion Strategy 2013 – 2020, the Croatian Government set up the Commission for Monitoring of the Implementation of the National Roma Inclusion Strategy 2013 – 2020. The tasks of the Monitoring Commission include systematic monitoring and coordination of the implementation of the NRIS, proposing measures for the advancement of the NRIS and preparing recommendations, opinions, and reports related to the NRIS implementation. The Deputy Prime Minister in charge of Social Affairs is the President of the Monitoring Commission, whilst arepresentative of the Roma national minority (and 11 other minorities) in Croatian Parliament is the Vice-president of the Monitoring Commission. There is a parity in the Commission which consists of seven representatives of Roma national minority,  including 3 Roma women and seven representatives, usually of the rank of Assistant Ministers, from key line ministries (Ministry of Regional Development and EU Funds (MRDEUF), Ministry of Social Policy and Youth (MoSPY), Ministry of Construction and Physical Planning (MoCPP), Ministry of Health (MoH), Ministry of Science, Education and Sport (MoSES), Ministry of Labor and Pension System (MoLPS), Government Office for Human Rights and Rights of National Minorities (GOHRRNM)), in 2014 the Commission has been expanded with a representative of the Ministry of Interiors, due to importance of status issues for a number of Roma. At its, mostly quarterly topical sessions, the Commission has discussed various issues. The Commission has also continued to provide support to the most urgent needs of members of Roma communities

Several counties have established their own consultative mechanisms involved in the implementation, monitoring and evaluation of the local Roma integration action plans, while Roma remain poorly represented in county and municipal commissions on gender equality or youth councils, though exact data is missing.

Roma are represented on the central level by a Roma member of the Croatian Parliament through a guaranteed seat for a representative of Roma and 11 other smaller minorities in Croatia in a separate electoral unit. At parliamentary elections held in November 2015 a Roma representative has been re-elected.

As regards Roma participation in representative and executive bodies of local and regional self-governments, following local elections in May 2013, Roma were entitled to elect 13 persons to representative bodies (municipal councils). However, in 4 municipalities Roma representatives were not elected and at by-elections in September 2013 a single representative has been elected (Podturen), while in three municipalities (Kotoriba, Peteranec and Petrijanec) there were no candidates and therefore elections were not held. For the first time in 2 municipalities Roma population has reached the threshold entitling them to elect deputy mayors and both were elected (municipalities of Orehovica and Pribislavec). Participation of Roma women in these structures remains low.

Following elections for councils of Roma national minority (CNMs) and individual representatives (IRs) as advisory bodies to local self-governments on local and regional level in 2011, 17 Roma CNMs and 11 IRs were elected. Elections held in May 2015 brought further increase in number of CNMs (29) and individual representatives (9), as well as turn-out and representation of Roma women. Regretfully, again at 4 LSGs there were no candidates for individual representatives (Domašinec, Osijek, Popovača and Vinkovci). According to available data, 69 women candidates were elected in 2015 as opposed to 38 in 2011, reaching 60 % representation in some places (Darda), though it generally remains on a lower level then male representation

3.2.4       Norway 

In Norway there are no specific mechanisms for participation of Roma and Travellers in formal advisory/consultation bodies. Generally-speaking, the goal of the Norwegian public authorities is to develop a coherent policy for national minorities in dialogue with the national minority organisations. The Ministry of Local Government and Modernisation and other ministries initiate meetings to engage in dialogue with national minorities whenever relevant. As an example of dialogue, on the International Roma Day on 8 April 2015, Prime Minister Erna Solberg apologised to Norwegian Roma for the racist exclusion policy practised in the decades before and after the Second World War, and the fatal consequences this had for Norwegian Roma during the Holocaust. The Government now intends to provide a collective redress to the Norwegian Roma, as requested by representatives of the group. The collective redress will be determined in dialogue with the Roma. In the government budget for 2016, NOK 3 million were granted for this purpose.

Norwegian authorities emphasize dialogue with the groups' organisations, to ensure that their views are heard in matters that affect them. The national minority organisations take part in the regular Contact Forum between national minorities and central authorities, thereby helping to promote awareness of the status of national minorities in society and the activities of national minorities in civil society. The Contact Forum is a meeting venue where issues of common concern can be discussed. In addition to the Contact Forum, the ministries have meetings when required, both with national minority organisations, and in some cases with individuals from the minority groups.

In January 2011 the Government appointed a committee of independent experts, tasked with documenting and assessing the previous policies and measures towards the Romani people/Taters, in Norway. The committee delivered its report on 1 June 2015. The committee concluded that the Romani people/Taters have been subjected to numerous violations throughout history. Historically, the aim of the Norwegian Romani people/Taters policy was to get rid of "vagrants". The culture and way of life of Romani people/Taters should cease, with measures such as forced sterilisation and placement of children in institutions/other families. This report is currently on a broad public hearing, to receive suggestions for future policies. The hearing process is open and inclusive, with 10 different meetings venues to ensure that Romani people/Taters have a real opportunity to participate. It is possible to deliver contributions in different ways, including orally, in one-on-one conversations. Representatives from the Romani people/Taters have been involved at all stages of this process.

3.2.5       Spain    

The National Roma Council was set up in July 2005 to advise the Government on policies that affect this community[29]. The Council, which operates under the Ministry For health, Social Services and Equality, I made up of 40 members: half are government representatives from different ministries, and the other half represents Roma NGOs. Its aim is to consult and advise the Government on general policies that affect Roma and on the specific policies aimed at promoting effective equality and non-discrimination of Roma. The Council has set up six working groups on: employment, education, culture, health, housing and on social services, equality and no discrimination, and European Agenda. It will also participate in the development of the new Plan for Roma Development. The Roma have reported that the Council is politically important for them as it represents an opportunity for communication between Roma, Roma organisations and the public authorities and it guarantees the involvement of Roma in the preparation and implementation of policies what will affect them.

 

While it is clear that the Spanish authorities have done much for the Roma, they appear reluctant to allow much to be done by the Roma. There has been criticism that Roma participation in the National Roma Council is only of an advisory nature, without official decision-making power or control over budget.

At a Regional Level, we could find also advisory bodies in Catalonia, Basc Country, Extremadura, and Castille-La Mancha. They are quite similar to the State Council, in their own territory, but like in the case of Catalonia, sometimes the Regional Government directly appoints the members and, sometimes the institutional representation includes members from the trade unions and local powers. There are also local advisory bodies in Barcelona.

The Foundation Institute for Roma Culture, created in 2007, promotes Roma identity.

Addressing the question which solution is better: one council for all minorities or separate council for each - based on previous experience it is better to have a specific space into which every minority could express and try to have their concrete needs covered or, at least, build up an inclusive and operational network among people belonging to the same minority and with a shared cultural background. However, considering the Irish case and, over all, the asymmetry of capabilities and population between Travellers and Roma in same case it might be better (just for practical reasons)  to have both minorities working together in the same space  in order to enhance their influence and socio-political recognition.

IV. ANALYTICAL APPROACH ON PARTICIPATION BY ROMA AND TRAVELLER ORGANISATIONS IN IRELAND

5.1          Pavee Point - Centre for Travellers and Roma

During the thematic visit, the experts of the thematic group heard from Pavee Point the following critical analysis of experiences in empowerment and participation of Travellers & Roma in advisory bodies and consultation mechanisms in Ireland.

Context:

• There is in Ireland an history of strong Traveller consultative mechanisms; several sectoral committees were established at behest of Traveller organisations through national social partnership, such as:
• • The National Traveller Monitoring and Advisory Committee (NTMAC);
  • The National Traveller Education Consultative Committee (NTECC);
  • The National Traveller Health Consultative Committee (NTHCC);
  • The National Traveller Accommodation Consultative Committee (NTACC).
• Unlike for Travellers, there were no Roma sectoral committees established. Historically Roma were falling between Traveller and Migrant developments. Pavee Point considers as a positive step that the new National Traveller and Roma Integration Strategy (NTRIS) includes both Travellers and Roma;
• Excellent policies/strategies were developed (Task Force; National Traveller Health Strategy (NTHS); National Traveller Education Strategy (NTES); Special Initiative to Expand Employment Prospects for Travellers (FÁS SIT) but there has been little Implementation.
• Policies/strategies are frequently not ‘owned’ by the State-but rather seen as Traveller organisations’.
• There is a strong independent Traveller infrastructure; national and local Traveller organisations are supported by the State.
• It is important to acknowledge the central role of representation and participation through independent Traveller organisations as against individual Travellers/Roma representation.
• Traveller organisations are funded; professional; accountable; mandate; work in solidarity with other marginalised groups; challenge both the State and Traveller community; work for collective outcomes for community vs. individual gains for particular family members.
• Though still weak there is an emerging Roma infrastructure

Limitations of Scope of Consultative Committees:

• Travellers’ role is merely advisory with often little actual influence: e.g. they could not prevent any cuts in the education sector during the economic crisis and the work of the National Traveller Accommodation Consultative Committee (NTACC) has little impact on local authorities.

• Ascribed Terms of Reference;
• Lack of clarity on Terms of Reference;
• Little transparency on budgets and funding allocated;
• Dependent on sympathetic civil servants – achieving meaningful consultation with civil society is not part of Performance Management System in Civil Service, therefore there are no incentives to drive agendas; etc.
• There are no sanctions if case of inaction: e.g. the Department of Health has not convened any meeting since October 2012 in the context of findings of the All Ireland Traveller Health Strategy (AITHS).
• The institutional knowledge is not passed on to new staff;
• Consultative committees are not linked to political processes, e.g. Parliamentary Committees, etc.

Operational Challenges:

• There is a need for independent chairpersons;
• There is a need to be independent/not controlled by ‘mother’ Department;
• Often there are no annual work-plans or reports;
• There are no indicators; targets and little resources. It is therefore hard to measure impact;
• Decisions are often made outside of meetings and looking for Traveller organisations to rubber stamp decisions;
• There is a lack of consistency in the Government approach to Travellers: e.g. development of the National Traveller and Roma Integration Strategy (NTRIS) whilst evictions are taking place;

• There is a fragmented approach and little communication between national committees;
• The resourcing for Traveller and Roma participation generally comes from under-resourced Traveller organisations;
• Consultative committees are often well represented by Travellers but poorly represented by various state agencies and thereby had limited effects on policies that are meant for Travellers;
• Traveller organisations’ voice is often not listened to or acted upon-being ignored; Travellers tend therefore to get demoralised and stop engaging.

Barriers to Traveller and Roma participation:

• Literacy dependent (13% of Travellers complete secondary schooling) can mitigate against Traveller engagement in formal consultative mechanisms
• Refusal to facilitate a mentoring approach to develop Traveller and Roma engagement through allowing ‘shadowing’, etc.
• Unwillingness of Travellers to engage because of a manifestation of “us and them”;

• Lack of confidence; sense of feeling worthless; too much stress in lives; time involved;
• Lack of knowledge and skills to participate: e.g. language used and literacy issues can make it difficult to engage;
• Lack of familiarity with committee ‘skills’: e.g. order of business processes, etc.;
• Lack of meaningful consultation – consultations as a tick box exercise with few outcomes.

Barriers for Traveller and Roma women to participate

·           Traditional gender roles and early marriage within the community: it is the women’s responsibility for looking after the children and family home;

·                                   Childcare costs and expenses;

·                                   Women may not be aware of how things function or are structured;

·                                   Women may have less freedom to move and get involved;

·                                   Women may have less confidence.

Barriers for Traveller and Roma young people to participate

·           Lack of education;

·           Early marriage;

·           Other interests.

What is needed?

• Strong, independent and progressive Traveller and Roma organisations operating from community development principles who have long term support to develop and grow (not just funding for ‘projects’);
• These organisations create the conditions for meaningful participation;
• Qualitative outcomes of funders should include indicators of Traveller/Roma empowerment, capacity-building and participation;
• Sharing good practice: e.g. some participative structures are more conscious of diversity and creating the conditions to facilitate participation;
• Respect for different roles and responsibilities of State vs. Traveller organisations;
• Acknowledgement of need to build the capacity of state representatives to engage in these participation structures;
• Understanding of broader Traveller/Roma policy context;
• Acknowledgement of Traveller ethnicity and concomitant challenges;
• Acknowledgement of levels of disadvantage experienced by Travellers and Roma;
• Institutional mechanisms associated with consultative committees that go beyond good will of individuals;
• Greater communication between Committees: e.g. joint work undertaken & sharing minutes, etc.
• Annual work-plans and reports;
• Coordination and monitoring by lead Department: of Justice and Equality and a statutory Traveller agency to drive policy implementation across sectors;
• Monitoring and Evaluation Framework;
• Consistency in representative membership and practices;
• High level buy-in needed and senior staff represented;
• Size of committees/sub-committee structures, etc.;
• Links from national to regional & local implementers;
• Continuity and institutional approaches needed by government departments/statutory agencies;
• Special measures to facilitate T/R engagement with consultative mechanisms;
• Processes for engagement at meetings being prioritised;
• More user friendly literature and materials;
• Clearer mechanisms to make access more realistic and tangible;
• Space to have challenging, constructive & critical relationships between state actors and NGOs.

IV. CONCLUSIONS, LESSONS LEARNED, GOOD PRACTICES IDENTIFIED AND FOLLOW-UP            

4.1          Conclusions and lessons learnt concerning the organisation of thematic visit

The agenda followed most of the guidelines developed by the CAHROM and allowed the possibility for partner countries to introduce their experience and exchange views with local interlocutors. The group of experts highlighted the following positive aspects and shortcomings:

Positive aspects

-          Very good agenda which included meetings with major stakeholders both from institutional side and Traveller and Roma NGOs;

-          Focused discussions on the topic

-          Interesting site visits which brought concrete and visible content to the discussion and emotions;

-          Possibility given to have open discussions with Traveller and Roma civil society and a Traveller family;

-          Innovative projects were presented including Tallaght Roma integration Project, Enniscorthy Roma Project, measures developed by the south Dublin County Council and the Traveller youth targeted actions and publication of Involve association.

Shortcomings

-          The session when partner countries shared their experience was limited to the Department of Justice and Equality staff. Could have been better to include these presentations together with the 2^nd day morning session when other Departments and civil society representatives were present to increase the exchange and interest. Few questions from the side of the Irish authorities regarding the experience of Norway, Croatia and Spain. More questions between partner countries.

Improvements for the organisation of next thematic visits

-          The CoE Secretariat should collect mobile numbers of the experts of the thematic group;

-          The CoE Secretariat should request the hosting country to provide a map for venues

4.2          Assessment of the thematic visit by requesting and partner countries’ experts

According to the Irish experts, the thematic visit highlighted that the voice of youth is not heard in existing Traveller consultation mechanisms. Traveller youth face a multitude of issues both within the Traveller community and wider society. There is a need for the increased active consultation with and participation of young people in the development of policy that affects their communities, empowering them to develop knowledge on their rights and to feel respected within society.

One of the key learning points for Ireland was the need to develop youth representation within the Traveller and Roma communities.  The barriers include the following:

• youth marriage which led to young adults not being/feeling available to participate in meetings/groups;
• poor levels of second and third level education among young adults which leads to poor self-confidence and/or a perception of lack of articulacy among young persons;
• the patriarchal nature of both Traveller and Roma Communities which means that it is difficult for young adults to have their voices heard, even among their own communities;
• the natural desire of leaders/representatives who had worked with representative bodies for a lengthy period to stay with their roles due to dedication and/or a desire to be in control.

Feedback received from Traveller and Roma representatives, as a result of the CAHROM thematic visit, has been consistent and positive with the Department being seen as more open and transparent to Travellers and Roma than in the past. In particular, the open feedback sessions arranged between CAHROM members and those present at the meeting at Pavee Point (as well as with Travellers living on halting sites) was welcomed.

The regional public meetings held by the Department of Justice and Equality in preparation for the drafting of the new National Traveller and Roma Inclusion Strategy were identified as a positive step in gaining ownership of the process among Traveller and Roma members of the community.

Traveller Pride Week and the Yellow Flag project, as discussed with the CAHROM members, were identified as positive initiatives which brought about considerable benefits in return for relatively small state investment/funding.

The Norwegian expertobserved a good cooperation and close contacts and daily basis cooperation between authorities and the NGO sector in Ireland, in particular within Pavee Point.

She highly appreciated the opportunity given by the Irish authorities to meet during the thematic visit with a large variety of interlocutors: representatives from various ministries and NGOs and the fact that participants we were given the opportunity to see and hear about a range of measures and experiences, including examples of severe poverty and poor housing presented during the meeting with Traveller representatives in their place of their residence. This gave possibility to see and hear individuals' different experiences. This was important to get a better understanding of the variety of needs within the groups – which also highlighted the importance of government officials’ ability to show some flexibility since the situations of the groups in question and the variety between individuals can require different approaches.

Partner countries’ experts welcomed the opportunities to talk to representatives of both Travellers and Roma, as well as many employees.

On the other hand, too much of the content was not directly relevant for the topic of the thematic visit, which was the empowerment and participation of the Roma and Travellers in advisory bodies and consultative mechanism. This visit was more focused to "general situation” of mainly Travellers, and less Roma, who were mainly migrants in that particular case of Ireland.  It was also interesting and necessary to understand the matters in their context, but at the same time it was not the actual focus of the visit. We were hardly able to hear the views of the young people, who were the one of the targets of the thematic visit and it was hard to learn about the women and young specific situation and what are their perspectives.

The positive factor is the possibility for member of the Travellers groups to participate as interns in governmental offices.  Several examples of dissatisfaction with consultations process were given – even with formal procedures in place – that caused a feeling of "not being heard" and information on cutting the recourses what can be a reason of losing gained experiences and results. Vulnerability due to economic recession needs a political will to continue the efforts towards the most vulnerable groups.

Interesting for her was to see the provision of health services for Roma migrants and how they use volunteers who speak Romani during the presentation of Tallaght Roma Integration Project devoted to Roma migrants from Romania, a community without any ID documents or health insurance which foreclosed the access to regular health service.

An interesting experience was also for her to learn about common relation between the Roma and Travellers and the involvement of Pavee Point into building a platform for common actions.

For future thematic visits, she suggested that more time should be devoted to the discussion among the countries taking part in the thematic visit in order to able them to learn more from the other systems and practices. This kind of discussion on solution can be a valuable input for further “work back home” after the visit. 

Worth of thinking is presenting even more examples of good practices which make thematic visits even more useful and also easier to "defend" to prioritize as an efficient way to disseminate the good practices and exercised activities. Several times during the visit it was pointed that most of the existing strategies are good, the problem remains still the lack of implementation. This problem should be more addressed during future visits.

During the thematic visit, the youth perspective was missing - women were more covered. Many young Travellers do not want to identify themselves as Travellers, especially serious taking into account the large proportion of young people among Travellers  in Ireland. There were more Roma young people present during the visit and they were more active.

The Spanish expert considered that broadly speaking, the thematic visit to Ireland could be considered, in terms of interest, organisation and results, as a clear success and a model to follow for those countries that, like Spain, are preparing and designing the agenda of their own thematic visit.

First of all, this visit allowed, for some of the partner countries’ experts, to have a first contact with a very interesting minority, the Travellers, that, despite sharing some common elements with other minorities, are unique and endemic from a single country.

There is relatively well developed system of civic organizations in case of Travellers, but not any Roma NGO.

He was enthusiastic about the actions that have been put in place by the Irish authorities to improve the living conditions of Travellers and Roma, putting an end to centuries of discriminatory practices.

Besides, he appreciated an honest will from the public authorities to reach equality among Travellers, Roma, and the rest of the population. He highlighted that the already over financial crisis (and the budgetary cuts) have affected in many ways the policies in favour of Travellers and Roma in Ireland, like in Spain for the Roma. Like in many other countries, this crisis has represented a step backwards in terms of integration, not to talk about the opportunity cost these 6 “lost” years.

He realized that Ireland has a rich and strong Traveller and to a lesser extent Roma civil society, which means a great potential to design a functional advisory body, given that there are political will to do so. The knowledge and expertise of those civil organisations can be, if properly channelized, extremely valuable to design efficient public policies and legal actions sensitive with the real situation of those minorities.

In addition, there are many enabler elements to set a solid frame of advisory and participation of Roma and Travellers at local and national level, according to the competencies allocation system of Ireland (more centralized than in other countries). Traveller social movement seems to be mature enough and willing to get involved actively in the design of public policies that can affect them.

Finally, even though it is clear that women are quite well represented in Traveller and Roma civil society (and have a central leading role), it seems to be important to foster and enhance participation from other sectors, over all, youth organisations.

The Croatian expert thanked for the excellent organisation and well-chosen meetings and site visits. He shared appreciation of the work of the Department of Justice and Equality in terms of openness and transparency, expressed by all local interlocutors, as an important factor for the issue of inclusion of Travellers, particularly in view of fiscal constraints still having an impact on relevant policies.

He noted general lack of data on Traveller and Roma participation in mainstream measures for women and youth in many countries, consequently limiting also management of relevant issues.

Tallaght Roma Integration project added an important example of involvement of local authorities in reaching out to extend essential services. He was impressed by the visit to the Pavee Point and discussion with activists, revealing a 30 year long tradition of grassroots empowerment. Also a valuable source of inspiration is the model of communication and sharing of roles among the leading NGOs, as opposed to exclusiveness and lack of cooperation frequently found elsewhere. That includes an open attitude towards recently arriving Roma communities as well as cooperation with other vulnerable groups, certainly models to be shared. From the point of view of Croatian Roma civil society, having much shorter tradition and limited capacity, it might be very useful to organise a visit of Irish NGO representatives to Croatia.

In view of the development of new Strategy, lack of youth involvement in Ireland seems to require targeted measures involving all stakeholders. Also, the issue of support to Traveller culture preservation and promotion could be reconsidered.

4.3          General conclusions and lessons learnt

Some of the general conclusions drawn by the experts were the following:

• the existence of Travellers in Ireland as an ethnic but  "non-racial" category  with a very rich culture which, in some ways, could be understood as an exacerbation of certain elements (family, Catholicism) that also form part of the mainstream society culture;
• the need to foresee, in every inclusion strategy, a number of specific actions, indicators and the corresponding budgetary allocation;
• the need to provide to the Roma and Traveller  minorities, and the social organisation that represent them, their own space to meet and to work together (such as Pavee Point);
• the desirability of promoting horizontal collaboration between groups, whether associations or individual members of different groups, such as Travellers and Roma;
• the need to continually review the direct and indirect forms of discrimination that may occur also in the field of public services;
• the need to develop extraordinary measures to prevent or at least to diminish the devastating effects that financial crisis has had on the most socially vulnerable groups;
• linked to the previous point, the need to design sustainable policies regardless of economic factors and public incomes fluctuation;
• the importance of designing targeted actions adapted to the needs of minorities, especially in the field of health and social services;
• the importance of promoting mutual understanding among minorities and the majority society, especially the media, to combat stereotypes;
• the need to develop specific channels for the fight against discrimination in different fields, especially education, health and labour.

Consultation of Roma and Travellers is no longer considered as optional and has been integrated over the years as a general practice, at least from the side of state institutions that have a coordination role of Roma and/or Traveller national strategies.

Consultation of other line ministries may vary and often depend on the good will and personality of contact persons in each ministry. In each member state you may find certain ministries that are cooperative and that are open for consultation but also ministries that are not. A solution to this is to have mixed inter-ministerial commissions for NRIS and/or consultative mechanisms (involving Roma and Traveller representatives) led by high political figure (PM in Croatia, State Secretary in Spain).

There is a Women’s Traveller movement in Ireland but no youth organisation. Thus there is an urgent need to develop and empower more young people including through education but also fight against early marriages.

There is also a need to allocate financial resources for ensuring Roma and Traveller participation in consultative mechanisms. Funds provided in Croatia, Spain and Norway but sometimes Roma do not seize the opportunity and do not attend. In Ireland Traveller and Roma organisations complained about such a lack of funding but The Department of Justice and Equality considers that this is indirectly allocated through grants to these organisations. In Croatia, youth representatives in inter-ministerial commission are not active except one.

Apart from many similarities between Roma and Travellers[30] (e.g. low level of education, frequent school drop-out as from secondary level, low participation in the labour market, bad housing/accommodation conditions, internal divisions, internal and external isolation, early marriages with their consequences,  shorter life expectancy rate, visible discrimination in terms of access to public spaces for community celebrations and strong prejudices and negative stereotypes against these groups in the majority), there are also important differences: Travellers are not a distinct ethnic minority in Ireland and are not either a “national” minority since they share the same Irish background like the rest of the majority population. Whilst Travellers have a citizen status with (formally) guarantee them better access to public services, Roma do not have health insurance and access to health or social services in Ireland often due to their lack of identity documents.

Both groups are very young (42 % of Travellers under the age of 15, no data on Roma but it must be similar like in other countries) so in theory the future perspectives, especially for youth, are important. However, Ireland, Croatia, Norway and Spain are confronted with a low participation of youth from both groups in the existing consultation bodies/mechanisms.

This can be explained partly due to cultural reasons (e.g. gerontocracy in Roma communities and short “transition period” between the childhood and adulthood within both the Traveller and Roma communities). Although several young people are involved at the grassroots level in various projects, there is strong reluctance to take an active part in the Travellers’ movement from the side of young Travellers and to be labelled as “Traveller”. The same applies very often among young educated Roma. This reluctance of self-identification underlines a problem of discrimination, of negative image and of mistrust towards the majority population.

The problem of proper “legitimacy” and “representativeness” among representatives of both groups was also signalled by the group of experts.

4.4          Good practices identified             

In Ireland:

-          Good reputation of the Department of Justice and Equality among Roma and Traveller organisations and good cooperation and consultation with them (and with other departments)

-          Tallaght Roma Integration Project – innovative including the recording process for setting up statistics and for the evaluation.

-          Good working relations between the 4 national Traveller organisations and distribution of roles when needed.

-          Involvement of Roma in Pavee Point and solidarity between Travellers and Roma on the one hand but also with other vulnerable groups (women, LGBTQI, etc.)

-          Ireland developing a new national Traveller AND Roma strategy. Could be a model for other countries which separate the groups according to their status (citizens/migrants);

-          Excellent, innovative and proactive approach towards children’s participation (not necessarily children’s rights in general, cf. early marriages, etc.);

-          Involvement of Traveller in Health and Education assessments and strategies.;

-          Generally speaking very good legislation (exception; Trespass Act);

-          Part time Regional Community Participation Officer (RCPO) appointed in May 2014 with a brief to assist the development of a response to needs identified and support access to health and other services and allocation of funds to voluntary agency for part time Waterford Roma Advocate (2014).

In partner countries:

4.5          Envisaged follow-up       

Immediate follow-up

Ø  OHCHR representative to provide experts with relevant UN texts, recommendations, reports, etc. ;

Ø  Irish Department of Justice and Equality to provide experts with PowerPoint presentations, list of contacts of local interlocutors met during the visit and the list of Traveller sites visited;

Ø  Preparation of the thematic report (including Belgium’s input);

Ø  Good Roma integration projects should be integrated in the Roma Needs Assessment Report with a view to their replication elsewhere in Ireland;

Ø  Good practices identified to be inserted in the CoE online database of good Roma and Traveller related policies and good practice.

Mid-term follow up

Ø  The Irish Department of Justice and Equality and Pavee Point to inform experts after summer break about the housing situation of the Traveller whom we met during the thematic visit;

Ø  Preliminary conclusions of the thematic visit to be presented at the Sofia CAHROM plenary meeting (26-29 April 2016);

Ø  Spain to confirm whether it will host a thematic visit on participation in institutions/decision-making;

Ø  Irish Department  of Justice and Equality to circulate the thematic report once endorsed by the group of experts to all participants of the thematic visit (state and local institutions, Roma and Traveller organisations and NGO representatives) with partner countries’ presentations in Addendum;

Ø  Visit of Pavee Point to Croatia to be organised to exchange with and train Croatian Roma and Beash community leaders in advocacy, consultative and advisory role;

Ø  Inclusion of Ireland as one of the beneficiary countries of the joint Coe/EC Joint programme on Roma women’s access to justice;

Ø  Possible replication of the Tallaght Roma Integration Project elsewhere in Europe.

The Department of Justice and Equality of Ireland plans to complete the drafting of the new National Traveller and Roma Inclusion Strategy for the period 2016 – 2020 by mid-2016 with a view to having it submitted (by the Steering Group) to Government as soon as possible. Implementation and monitoring will provide a focus for future improvements required.

Following on from the CAHROM thematic visit, the Department of Justice and Equality considered ways in which to make communication with the Traveller and Roma communities more open and meaningful. As a result, a new Roma sub-committee of the National Traveller and Roma Inclusion Strategy Steering Group is being established. This will strengthen the voice of Roma participants and enable a wider body of opinion to be gathered from Roma across Ireland.

Further participation by Ireland with CAHROM will provide additional opportunities for learning and innovation which could be adapted for Ireland.

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APPENDICES

Appendix 1: Official invitation received from Irish authorities

Appendix 2: Agenda of the CAHROM thematic visit to Dublin, Ireland, on 8-10 February 2016

Appendix 3: List of experts participating in the CAHROM thematic group

      

Appendix 4: Areas covered by National Roma Integration Strategies in participating countries

Appendix 5:  Regional/local networks of authorities on Roma and/or Traveller issues in participating countries

Appendix 6: Civil society guidelines

ADDENDUM