A thematic visit on combating antigypsyism was agreed upon at the seventh ADI-ROM meeting (Strasbourg, 11-12 May 2023). The proposed thematic visit was re-confirmed at the 8^th ADI-ROM meeting (Strasbourg, 17-18 October 2023), when Germany was confirmed as a host country and Croatia, France, Lithuania, and Switzerland as partner countries. Romania joined the visit at their own expense.

An official letter inviting the ADI-ROM group of experts to the thematic visit in Berlin, Germany, on
9-10 September 2024, was received from the German authorities on 5 March 2024.

The overall objective of the thematic visit was to identify and describe policies and practices which contribute to combating antigypsyism. The thematic visit also aimed to provide a set of recommendations for future actions of the Council of Europe and its member States.

One of the priorities of the Strategic Action Plan for Roma and Traveller Inclusion (2022-2025)[3] is combating antigypsyism and discrimination and supporting real and effective equality.

The Council of Europe uses the term “antigypsyism” to refer to a “specific form of racism, an ideology founded on racial superiority, a form of dehumanisation and institutional racism nurtured by historical discrimination, which is expressed, among others, by violence, hate speech, exploitation, stigmatisation and the most blatant kind of discrimination”.[4] The objective of the thematic visit is not to discuss the terminology used by various organisations or civil society actors. Ample analysis on this topic was conducted through a study commissioned by the ADI-ROM, published in 2022: Antigypsyism- Causes – Prevalence – Consequences – Possible responses.[5]

The basis for the discussions during the visit and for the thematic report was the information provided in advance by member States, following a questionnaire distributed by the Secretariat of ADI-ROM.

The programme of the visit included exchanges with representatives of national authorities of the host country: the Federal Ministry of the Interior and Community, the Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities, the Federal Government Commissioner against Antigypsyism and for the Life of Sinti and Roma in Germany, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the Federal Anti-Discrimination Agency. Several civil society organisations presented their work on combating antigypsyism and exchanged with the participants, namely: the Independent Antigypsyism Reporting and Information Center MIA (Melde- und Informationsstelle Antiziganismus), the Educational Forum against Antigypsyism (Bildungsforum gegen Antiziganismus) and Amaro Drom e.V. A visit to the headquarters of the European Roma Institute for Arts and Culture (ERIAC)[6] was also organised.

The host country took significant steps to combat antigypsyism at the federal level, making it a cross-cutting issue in its domestic policy. An example of utmost importance of this commitment is the establishment of the Independent Commission on Antigypsyism. Its comprehensive 600-page report, presented in June 2021, served as a milestone, laying out recommendations to address antigypsyism head-on. Among the initiatives already implemented is the establishment of the Federal Government Commissioner for Combating Antigypsyism and for the life of Sinti and Roma in Germany. This office, alongside the new reporting and informationn centre for antigypsyist incidents (MIA), reinforces the commitment to addressing antigypsyism.

The report puts forward, based on contributions from the countries participating in the visit and on the discussions which took place in Berlin, several promising practices, and recommendations. Notably, recommendations focus on the need to recognise and document antigypsyism as a specific form of racism. The efficiency of existing legal frameworks in this area must be analysed and they should be revised, if needed. Underreporting should be addressed through systemic measures. On this, participants noted and welcomed in particular the establishment of MIA, in Germany, which provides crucial data highlighting the extent of antigypsyism. Several examples from the countries participating in the thematic visit demonstrated the key role of civil society organisations in awareness-raising, training and victim support, outreach and even unofficial data collection. Creation of expert commissions on documenting antigypsyism and support for permanent structures to counter antigypsyism was identified as a central recommendation following the thematic visit.

One way of embedding the need to combat antigypsyism in the values of society is to publicly condemn, investigate and prosecute manifestations of hate crimes against Roma and Travellers. On the other hand, efforts should be made to reach the younger generations through formal and informal education and public campaigns.

The participants visited the Memorial to the Sinti and Roma of Europe murdered under National Socialism, as part of a guided tour provided by the Educational Forum against Antigypsyism, and laid wreaths in the presence of the Federal Government Commissioner against Antigypsyism and for the Life of Sinti and Roma in Germany and the Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities. In this context, it was reiterated during the visit that memorialisation is critical in the fight against antigypsyism.

The ADI-ROM members and experts attending the visit are thankful for the very interesting programme that the German authorities have proposed, for the organisation of the visit and for facilitating exchanges with crucial governmental and non-governmental actors.

SCALE OF ANTIGYPSYISM

1. Council of Europe bodies and antigypsyism

European Court of Human Rights

While the European Court of Human Rights (the Court) has not made explicit references to “antigypsyism”, it has built an extensive body of case law in respect of violence, hate speech and serious forms of discrimination against Roma.[7]

Several cases were brought before the Court which concerned attacks on Roma villages and destruction of houses and possessions, where violations of various rights were upheld: the right to life (Article 2), the prohibition of inhuman or degrading treatment (Article 3), the right to respect for private and family life (Article 8). Regarding these types of case, in light of the positive obligations doctrine, the Court paid significant attention to how the authorities dealt with the applicants’ complaints in the aftermath of the incidents, noting a general attitude which perpetuated the applicants’ feelings of insecurity after the incidents and constituted in itself a hindrance of the applicants’ rights to respect for their private and family life and their homes. The Court noted both omissions, as well as displays of unacceptance of Roma, and remarks about the applicants’ honesty and way of life, from the side of the public authorities.

Numerous judgments finding violations of Articles 2, 3, or 8, taken (or not taken) in conjunction with Article 14 (prohibition of discrimination), concern violence against Roma: police brutality; disproportionate use of force or firearms (including lethal force) by police; arson attacks, physical or verbal abuse and threats by private individuals; and forced sterilisations of Roma women.

Ethnic profiling of a Roma family by the police was found to be discriminatory. In this particular context, the Court noted that Roma communities are often confronted with institutionalised racism and are vulnerable to excessive use of force by the law-enforcement authorities.

The Court has established that the authorities also have a duty to take all possible steps to investigate whether or not a violent act was racially motivated in the context of Article 2 of the Convention.

On the topic of forced sterilisation of Roma women, the Court noted a “certain mindset on the part of the medical staff as to the manner in which the medical situation of a Roma women should be managed.”

On the issue of hate speech against Roma, the Court held that in order for such statements to fall under Article 8 of the Convention, they should have a sufficient impact on the sense of identity of the Roma and on the feelings of self-worth and self-confidence of individual Roma.

When such discriminatory statements are brought before domestic courts, the domestic authorities have a positive obligation to respond adequately and to secure respect for the private life of the applicants by ensuring redress for the damage suffered.

In cases related to placement into state care of Roma children, the Court drew attention to the risk that separation from parents of Roma children can also lead to their alienation from their Roma identity.

Segregation of Roma children in schools was repeatedly found to breach Article 14 and Article 2 of Protocol 1 (right to education).

The Roma communities face antigypsyism in almost every aspect of their lives, which is also reflected by the wide spectrum of human rights violations that are brought before the Court. It is equally manifested by private individuals and by representatives of public authorities. The Court has held States accountable for both their representatives’ acts contrary to the Convention, violating the rights of Roma applicants, and for omitting to comply with their positive obligations to protect the rights of Roma applicants.

European Committee on Social Rights

The European Committee on Social Rights (the Committee) considers that racial discrimination is a particularly invidious kind of discrimination and, in view of its perilous consequences, requires from the authorities a special vigilance and a vigorous reaction. In the case of Roma in particular, as they are a particularly disadvantaged and vulnerable group, they require special protection.[8]

The Committee has found violations of Article E (non-discrimination) taken in conjunction with various Articles of the Charter. For instance:

- With respect to Article 11 – The right to protection of health, a violation was found on the grounds of failure of the authorities to take appropriate measures to address the exclusion, marginalisation and environmental hazards to which Roma communities are exposed, as well as the problems encountered by many Roma in accessing healthcare services;

- With respect to Article 16 – The right of the family to social, legal, and economic protection, the Committee ruled on the discriminatory access in practice to social services, family benefits and housing;

- With respect to Article 17 - The right of children and young persons to social, legal and economic protection, violations have been found on the ground that while educational policies for Roma children may be accompanied by flexible structures to meet the diversity of the group, there should be no separate schools for Roma;

- With respect to Article 19 – The right of migrant workers and their families to protection and assistance, violations were found on the following grounds: racist and/or misleading propaganda allowed by or emanating from public authorities; segregation and poor living conditions in camps and stopping places; and de facto collective expulsions of Roma and Travellers migrants.

Committee of Ministers

The Committee of Ministers adopted the Declaration on the Rise of Anti-Gypsyism and Racist Violence against Roma[9] in Europe on 1 February 2012. Strong concern is expressed within it regarding the increasing incidence of antigypsyism and of violent attacks against Roma and attention is drawn to the harmful impact of anti-Roma rhetoric on social inclusion and human rights. The Committee of Ministers reiterates the guidelines from the General Policy Recommendation No. 13 of the European Commission against Racism and Intolerance (ECRI). It also calls on:

- rejection of anti-Roma rhetoric by governments, authorities, politicians and media;

- increased vigilance against scapegoating;

- enhanced support for effective legal responses to hate crimes, including through adoption of adequate legislative frameworks;

- inclusion of anti-discrimination measures in all national strategies targeting social inclusion of Roma.

The Committee of Ministers acknowledged how widespread antigypsyism impacts specific groups affected by intersectional discrimination. It thus calls on member States to combat all forms and manifestations of structural anti-Roma racism and antigypsyism and their impact on Roma youth participation.[10] The Committee of Ministers recognises that “antigypsyism and sexism lead to racist and sexist acts, including hate speech, which are perpetrated at the individual, institutional and societal levels, and to hate crime, and acknowledging the importance of designing and implementing measures to address all of them.”[11]

European Commission against Racism and Intolerance

ECRI issued General Policy Recommendation No. 13[12] on Combating Antigypsyism and Discrimination against Roma, defining antigypsyism as already specified above, and recognising that antigypsyism manifests in all areas of public life: education, employment, housing, healthcare, access to public services, to goods and services. It calls on governments of member States to combat racist violence and crimes against Roma, as well as manifestations of antigypsyism likely to come from the police. It further refers to antigypsyism expressed by the media. GPR no. 13 is relied on by ECRI members in their monitoring visits.

Advisory Committee on the Framework Convention for the Protection of National Minorities

The key articles of the Framework Convention for the Protection of National Minorities (FCNM) for addressing antigypsyism are: Article 4 - Non-discrimination and full and effective equality; Article 5 - Preservation of identity and cultural heritage; Article 6 (1) - Intercultural dialogue and mutual respect; Article 6 (2) - Protection against violence, hate crime and hate speech; Article 12 (1) - Teaching of history, language and culture; Article 15 - Effective participation in cultural, social and economic life and in public affairs.

The first reference to antigypsyism dates from 2011, when in its Third Opinion on the Czech Republic, in respect of Article 4, the Advisory Committee noted that the Roma continued “to face serious difficulties and discrimination, in particular as regards access to employment, health-services, main-stream and higher education, housing segregation, eviction of Roma families from town centres, widespread anti-Gypsyism, and hate speech.”[13] Antigypsyism was referred to for the first time in a Committee of Ministers Resolution on the implementation of the FCNM back in 2016, in the context of the Slovak Republic. Recently, the Advisory Committee noted findings related to antigypyism in its opinions on Bosnia and Herzegovina[14] (in the context of employment and negative stereotyping by the media and by politicians), Sweden[15] (in the context of hate speech through social media and public discourse by politicians), Austria[16] (in the context of collection of data on antigypsyism and discrimination cases), Republic of Moldova[17] (in the context of recognition of antigypsyism as a specific form of racism or as an aggravating factor), Albania[18] (in the context of adoption of policies specifically targeting antigypsyism), among others.

There are several areas of concern identified by the Advisory Committee, such as the lack of recognition of antigypsyism as a specific form of racism and/or as an aggravating factor in national legislation. Underreporting by victims of various manifestations of antigypsyism, as well as the absence of or insufficient collection of data by the police on antigypsyism motivated crimes is noted by the Advisory Committee. Another area of concern noted by the Advisory Committee is the persistence of negative and stereotyped portrayal in the media, public discourse or in official language dictionaries.

Positive trends are also highlighted in some of the opinions of the Advisory Committee. These range from law developments (e.g. Romania, Spain), to publication of books on national Roma history (e.g. Finland, Republic of Moldova), or financial support to projects related to antigypsyism (e.g. Switzerland).

Council of Europe Commissioner for Human Rights

Only this year the newly-appointed Commissioner reported “cross-generations marginalisation” of Roma, harassment, discrimination and antigypsyism;[19] expressed concerns over reported problematic access to education and employment, discrimination and antigypsyism during his visit in Greece.[20] He emphasised the need to tackle the widespread antigypsyism, to improve mutual trust of the Roma communities and law enforcement, and to ensure independent investigations into allegations of ill-treatment by the police, during his visit in the Slovak Republic.[21] He has recently emphasised the importance of remembering the Roma Holocaust for recognising increasing antigypsyism today.[22]

Parliamentary Assembly of the Council of Europe

The Parliamentary Assembly of the Council of Europe has issued Resolution 2153 (2017)[23] Promoting the inclusion of Roma and Travellers, inviting national parliaments to mobilise against antigypsyism and all forms of racism and intolerance, in particular through participating in networks such as the No Hate Parliamentary Alliance[24]. It has further issued Resolution 2523 (2023),[25] on Institutional racism of law-enforcement authorities against Roma and Travellers. Deriving its conclusions from the case law of the European Court of Human Rights and from the monitoring work of the European Commission against Racism and Intolerance (ECRI) and the Advisory Committee on the Framework Convention for the Protection of National Minorities, PACE touches upon issues such as: violent attacks and raids against Roma/Traveller villages or settlements; ethnic profiling; systemic checks of caravans; criminalisation of begging; and excessive surveillance, controls and use of force by law-enforcement authorities. It concludes that the combination of these manifestations can be described as institutional racism, or systemic racism, of law-enforcement authorities against Roma and Travellers. This refers, as described by PACE, to the “discriminatory effects of the functioning of the institution as a whole, effects which are first and foremost the result of the policies and practices that it applies.”

In light of these findings, PACE calls for the adoption of adequate legislative frameworks; fighting against impunity and compliance with the obligation to conduct effective investigations into racist motivation of crimes; strengthening of the mutual trust between Roma and Travellers and law-enforcement authorities.

Secretary General of the Council of Europe

In the latest annual reports issued by the Secretary General of the Council of Europe, it is repeatedly emphasised that Roma and Travellers continue to face social exclusion, discrimination, hate speech and antigypsyism. This overall conclusion is drawn, once again, from the case law of the Court, findings of monitoring bodies of the Council of Europe, findings of the Council of Europe Commissioner for Human Rights, from the inter-governmental work of structures such as Steering Committee on Anti-discrimination, Diversity and Inclusion (CDADI) and ADI-ROM, as well as from exchanges with Roma and Traveller civil society organisations.

Committee of Experts on Roma and Traveller Issues (ADI-ROM)

Apart from the analysis on terminology in the aforementioned study commissioned by ADI-ROM and published in 2022,[26] the study also makes a set of recommendations based on the analysis of the causes, manifestations, consequences and possible responses to antigypsyism, touching upon, inter alia: legislative frameworks, educational reforms, monitoring efforts, public condemnation of the phenomenon, public awareness, training for civil servants, support for research and support for adequate cultural representation.

2. Data from the European Union Fundamental Rights Agency

The Roma Survey 2021 of the European Union Fundamental Rights Agency analysed manifestations of antigypsyism – discrimination, harassment and violence.

The findings indicate that the level of discrimination experienced by Roma persists compared to the 2016 data. A significant number of Roma throughout the EU still encounter high levels of discrimination in various aspects of life due to their ethnicity. On average, 25% of Roma respondents reported feeling discriminated against because of their ethnic background in the year prior to the survey.

3. Data from the OSCE-ODIHR Hate Crime Report

The Organization for Security and Co-operation in Europe (OSCE) annually publishes hate crime data and information submitted by their 57 participating States, as well as by civil society and international organisations.

Data from 2022 indicates that 145 anti-Roma hate crimes were recorded by police in Germany, as in 2021, 109 such crimes were recorded. Lithuanian police have recorded one hate crime incident against Roma in 2022, while the Romanian police have recorded four anti-Roma hate crimes in 2022 and two in 2021. Six hate crimes targeting Roma were recorded by the Croatian police in 2022 and three in 2021. Croatian police also registered seven misdemeanours motivated by Roma hatred.

Data submitted by non-state actors in 2022 includes two hate crime incidents against Roma in Romania. For 2021, two such incidents were reported in Germany, two in Romania and one in Croatia. These include, among others, police brutality against a 37-year-old Roma man; a case where an 11-year-old Sinti minor was handcuffed and subjected to police brutality; an incident where a pregnant Roma woman, asylum-seeker, was subjected to police brutality and was denied medical attention; an Evangelical church belonging to the Roma community that was vandalised.

4. Data from participating countries

4.1. Croatia

The Eurobarometer survey on discrimination from December 2023 notes that in the Republic of Croatia, 59% of respondents believe that the most widespread form of discrimination is based on Roma origin and skin colour, followed by ethnic origin at 56%.

A 2022 Ombudsman study on discrimination in Croatia found that 38.4% of respondents identified nationality or origin as the most common basis for discrimination. The groups perceived as facing the most discrimination were Roma (18%) and Serbs (3%). Additionally, a significant 55% of respondents believe that most Roma rely on social assistance and are unwilling to work. Slightly more than a quarter say that Roma who were to work in service sectors would reject many clients, while for almost a quarter of the respondents, if they would have their own company, it would be a problem to hire Roma.

The Ombudsman’s 2023 report highlighted that most discrimination complaints pertained to work and employment, with racial or ethnic origin being the primary grounds, and again, Roma were the most affected. A significant number of discrimination cases remain unreported, indicating the need to raise awareness of the prohibition of discrimination and to strengthen the protection mechanisms. The report suggests that analysing judicial practices could help improve this situation.

Research was conducted within the project “Improved response to intolerance through research, strategic advocacy, and training (IRIS)”[27], which looked at questions such as: Members of which groups are most often victimised by hate crimes? What criminal offenses are most prevalent in this group of offenses? How to define hate misdemeanours? What are examples of good practice, and what are the problems and inconsistencies in the prosecution of hate crime cases? To what extent are available mechanisms for the protection of victims’ rights used in the conduct of the police and judicial authorities? The final research report Hate Crime in Croatia – Empirical Research of Cases from the Period 2013 – 2018[28]” as well as stakeholder consultations, represented the basis for developing Recommendations for the Improvement of Response to Hate Crimes and Recommendations for Improving Co-operation between CSOs, Police and the Judiciary.[29]

4.2. France

The annual reports of the National Consultative Commission on Human Rights (CNCDH) address racism in France and specifically discusses antigypsyism.[30] Notably, the 2021 report includes a dedicated section on the topic[31]. The 2023 report includes a chapter that explores racism through the lens of antigypsyism.[32]

Each year, these reports include surveys to assess racist attitudes by the general public, with specific questions about Roma and Travellers. In 2023, the findings indicated widespread antigypsyism, with over two-thirds of respondents viewing Roma lifestyle as unusual or reprehensible. Specifically, 69% believed that Roma are mostly nomadic, and 57% thought they often exploit children. Nearly half (49%) felt that Roma contribute to insecurity by primarily living from theft and peddling. Although there had been increased tolerance for Roma in France over the past decade, this trend appears to have stalled. Furthermore, 55% of respondents attributed poor integration to Roma themselves, claiming they do not wish to integrate in France, a rise of four percentage points from the previous year, following a decline in earlier years.

Other relevant research studies and assessments of the phenomenon of antigypsyism in France[33] are available on the website of the Délégation interministérielle à la lutte contre le racisme, l’antisémitisme et la haine anti-LGBT (Interministerial Delegation against racism, antisemitism and LGBT-phobia - DILCRAH)[34].

In October 2021, the Defender of Rights (Ombudsman) published the report “Travellers: Breaking down barriers to rights – Contribution to the National Strategy.”[35] The analysis looks at discrimination and antigypsyism suffered by Travellers that stem from non-acceptance of itinerant lifestyles and caravan housing by parts of the population and by the authorities. It considers issues such as access to water, schooling and enrolment of Traveller children, access to healthcare, to aid, services and work, as well as to discriminatory discourse and incitement to discrimination, making recommendations in all these areas.

The Defender of Rights has also published the report “For effective protection of the rights of Roma – Contribution to the National Strategy”,[36] touching upon access to housing, education, healthcare, public services, as well as upon discriminatory discourse and incitement to discrimination. The report states, among others, that the Roma are the minority that receives the most negative opinions from the French population. The Defender of Rights notes, based on its studies, reports and opinions, “a continuum between racist speech against Roma people and the discriminatory behaviour [that] they suffer.”

Data on cases of antigypsyism or discrimination against Travellers and Roma recorded by the Defender of Rights can be shown as follows:

		Incidents registered	Incidents resolved	Cases opened	Cases closed
2021	Travellers	47	9	9	29
2021	Roma	8	4	1	3
2022	Travellers	52	18	2	31
2022	Roma	1	0	0	1

Apart from underreporting, the data does not give an adequate reflection of the real number of such cases because some local representatives do not enter the specific categories in the internal database, which prevents the Defender of Rights from compiling the full data.

4.3. Germany

The Independent Commission on Antigypsyism (Unabhängige Kommission Antiziganismus or UKA) has examined various forms and manifestations of antigypsyism, contributing to the development of the theoretical conceptualisation of this phenomenon. In its report from 2021,[37] the Commission identifies the following types of antigypsyism historically present in Germany: cultural, religious, political-nationalistic, social, scientific, romanticising, racist.

The Roma Civil Monitor (RCM) monitoring report on antigypsyism in Germany[38] looks at manifestations of antigypsyism in two important areas: in public administration and in social work. It indicates that marginalised Sinti and Roma face inequalities in accessing public services, often facing discrimination which leads to restrictions of their access to social rights. The same report points towards attitudes by some social workers influenced by antigypsyist stereotypes. The dominant view of Sinti and Roma in Germany depicts them as poor migrants seeking to exploit welfare, which shapes institutional attitudes and can result in discrimination through laws and policies.

In 2023, the Antigypsyism Reporting and Information Centre (MIA) documented 1 233 incidents of antigypsyism in Germany, nearly doubling the 621 cases recorded in 2022.[39] The rise in cases between 2022 and 2023 can be mostly explained by MIA’s rising prominence and network since its establishment in 2021. Among the recorded incidents, there were ten cases of extreme violence. The majority of antigypsyist incidents reported in 2023 fell under the category of verbal stereotyping, while the second-largest category was discrimination. Sinti and Roma face discrimination across various aspects of life, especially in education, healthcare, employment, housing, interaction with neighbours, and relations with authorities and police. MIA raises concerns over the fact that one in four incidents are classified as institutional antigypsyism. Victims have reported, according to MIA, experiences of racial profiling, systematic documentation of their ethnicity, and disproportionate police responses. MIA emphasises that these are not isolated incidents, but that it has identified a consistent pattern of discriminatory behaviour across nearly all federal states. The use of the investigation category “clan crime” by police further stigmatises the entire community.

Representation of Sinti and Roma in the media is dominated by dissemination of antigypsyist discourses, narratives, and imagery especially related to migration from the Balkan countries since the 2010s.[40]

4.4. Lithuania

Even if the Roma population in Lithuania is small, a noteworthy 58.6% of Lithuanians declared in a survey conducted in 2022[41] that they would not want to live in a neighbourhood with members of the Roma community. Public attitudes and social indicators point towards the conclusion that the Roma continue to be one of the most vulnerable minority groups in Lithuania. Despite the frequent experiences of discrimination faced by Roma, there were no complaints submitted before the Equal Opportunities Ombudsperson, according to statistics of 2012-2014 and 2018-2021, respectively. Underreporting is explained by a general lack of trust in state institutions, as well as by the often lack of ability to identify situations of discrimination.

The qualitative study reveals that the current legal framework does not prevent Roma individuals from facing intersectional and structural discrimination. The research highlights that the Roma community faces discrimination rooted in longstanding stereotypes, affecting their daily lives, job opportunities, and housing prospects.

A media monitoring study conducted in 2023 found that 23.4% of the 1 408 articles analysed associated the Roma community with crime, portrayed them as a threat, or presented them in a mocking or stereotypical manner.[42]

4.5. Romania

20% of the respondents to the EU Fundamental Rights Agency 2021 survey[43] declared that they have faced discrimination in the past 12 months because of being Roma. Only 2% declared that they have reported or made a complaint about the last incident of discrimination because of being Roma. There are several reasons for lack of reporting, among which fear of not being treated properly/of retaliation (15%), lack of knowledge of reporting mechanisms (14%); lack of trust that any change would be brought by such report or complaint (19%).

A media monitoring report of the National Agency for Roma (NAR), covering the period of August-November 2022, showed that out of a total sample of 54 online articles containing the Roma ethnonym, a number of 24 referred to the Roma in a negative context. The majority of comments on articles with negative connotations were using degrading, humiliating terms that affect human dignity to refer to Roma, often using racist or xenophobic content (e.g. associating Roma with criminality, “criminal clans”). This practice is widely encountered in social media. The report emphasizes that this type of reporting about Roma does not respect the minimum ethics of journalism, such as the due regard for presumption of innocence and balanced reporting of both version of a story.

The monitoring report of the National Agency for Roma concludes that the website managers do not moderate comments with illegal content (e.g. those inciting violence against Roma). Also, most of the negative comments on the articles included violent language, stereotypes and prejudices, or used degrading and offensive language. The ratio of comments that counteract this type of narrative about Roma is insignificant, creating a favourable trend for racially hate speech directed against Roma.

65% of the respondents to the EU Barometer (2023) find discrimination against Roma to be very widespread. 26% responded that they would not feel at all comfortable with having a Roma person in the highest elected political position in Romania. The same survey indicates that 24% of the respondents would not feel comfortable at all if one of their children was in a love relationship with a Roma person.[44]

A survey on hate crimes conducted by the Romanian equality body[45] indicates that 50% of the respondents do not trust Roma people very much, while 22% do not trust them at all.

4.6. Switzerland

There is little data available to measure the extent of discrimination and racism against Yenish, Manouche/Sinti and Roma in Switzerland. Only ten incidents were reported in 2022, and thirteen in 2021.[46] Similarly to the situation in other member States, there are undoubtedly many more and underreporting is caused by lack of trust in specialised services. Data collected by the Federal Department of Interior indicate that while 67% of the population felt that people with an itinerant lifestyle are part of Switzerland's diversity, a third disagreed. The study of the Service on the fight against racism (SLR) on structural racism shows that Yenish, Manouche/Sintés and Roma are victims of racial profiling.[47]

II. LEGAL RESPONSES TO ANTIGYPSYISM

ECRI General Policy Recommendation no. 13 on combating antigypsyism and discrimination against Roma attaches special importance to legislative measures to prevent, prohibit and sanction discrimination or manifestations of antigypsyism. For instance, in the area of education segregation, it calls for legal measures to put an end to this discriminatory practice that Roma children are facing. It recommends that member States ensure adequate national legislation provisions that afford protection against discrimination in employment, housing, healthcare, access to goods and services, freedom of movement, social protection. Practices such as forced sterilisation of Roma women should be expressly prohibited by law. ECRI makes several references to the general anti-discrimination legal frameworks, calling for its effective implementation in relation to various manifestations of antigypsyism, including incitement to discrimination, hatred or violence against Roma by the media.

The Advisory Committee on the Framework Convention for the Protection of National Minorities called for legal measures to be in place to address antigypsyism for instance, in its Fifth Opinion on Italy, where it recommended “legislative and more targeted measures […] to prevent, counteract and effectively sanction the persisting antigypsyism in society, with a particular focus on social media.”[48] The Committee of Ministers, in its Fifth Resolution on the implementation of the FCNM by Spain, recommended the amendment of “Article 22.4 of the Criminal Code to include anti-Gypsyism explicitly, alongside anti-Semitism and the other aggravating circumstances already listed in the Article.”[49] In 2022, Spain revised its Criminal Code, amending article 22.4a and points 1 and 2 of article 510 of the Penal Code to expressly mention antigypsyism as a cause of discrimination.[50]

In its Fifth Opinion on the Republic of Moldova, the Advisory Committee suggested the setting up of a “mixed working group composed of representatives of relevant state authorities, equality and human rights institutions, academics, legal professionals and representatives of the Roma civil society, on the need and feasibility to recognise antigypsyism (or alternatively ‘anti-Roma racism’) as a specific form of racism in legislation.” It also noted with regret that the definition of “Holocaust” in the Criminal Code does not include any reference to Roma victims of the Holocaust.[51]

For some member States that have adopted specific legislation addressing antigypsyism, the Advisory Committee made further calls for adequate cross-sectoral measures to combat this phenomenon,[52] which is an indication that adoption of legislation will not work as a solution on its own.

Romania is the first EU country to adopt a law to prevent and combat antigypsyism, namely Law No. 2/2021, which establishes the legal framework that criminalises a series of manifestations of antigypsyism, such as promoting antigypsyist ideas, concepts or doctrines or distributing antigypsyist news, information or materials, and provides sanctions for these. On this, the Advisory Committee it had not been informed of any cases of application of the new law by the judiciary or law enforcement authorities. To assess the efficiency on specific legislation targeting antigypsyism, analyses on how the provisions are being interpreted and applied by the investigation bodies and/or by the courts should be conducted.

All the countries participating in the visit have in place legal provisions that can be used to sanction antigypsyism, regardless of whether “antigypsyism” as such is mentioned explicitly or not. This is either covered by general anti-discrimination law (civil or administrative), or by criminal law, under provisions related to hate crime. Detailed examples of such provisions are available below (see Table 1: Relevant legal provisions by country).

CROATIA

FRANCE

GERMANY

LITHUANIA

ROMANIA

SWITZERLAND

Criminal, civil, administrative law frameworks that sanction any manifestation of antigypsyism (e.g. under criminal law, general tort law; anti-discrimination law; administrative offences law)

Croatian legal framework does not explicitly mention antigypsyism.

It is addressed within broader provisions related to anti-discrimination and hate crimes/hate speech, such as:

Constitution of the Republic of Croatia, art. 14., Constitutional Law on Rights of National Minorities, Penal Code (art. 87. Para. 21. – definition of hate crime; criminal act against humanity and human dignity – genocide, war crime, crime against humanity….), criminal acts against human rights and fundamental freedoms – art. 125. – violation of equality, art. 126. - violation of freedom of expression of national affiliation, art. 325. – public incitement on violence and hatred), Antidiscrimination Act, Electronic Media Act, Labor Act, Act on Gender Equality, Act on Same-Sex Unions)

French criminal law and policy are general and impersonal so as to prevent segmentation of criminal policy priorities. Targeted criminal policy instructions or legislation would gear efforts to combat racism at specific communities and thereby stigmatise already vulnerable groups such as Roma.

The French approach to combating racist speech, acts or discrimination does not therefore distinguish between the various groups of people targeted. In this connection, “Roma” are covered by effective general legislation and a dynamic criminal policy aimed at combating discrimination.

With regard to the establishment of facts, the Equal Opportunities Act (Act 2006-396 of 31 March 2006) introduced the practice of discrimination tests in Article 225-3-1 of the Criminal Code. These provisions make it possible to punish any antigypsyist conduct.

Germany’s constitution, the Basic Law, prohibits amongst others, every form of discrimination based on language, homeland or origin (Article 3 (3) sentence 1). This prohibition is binding for law-makers, courts and all levels of public administration.

General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG) Section 1 states that the aim of the law is to prevent or eliminate discrimination on the grounds of (among others) race or ethnic origin. The protected characteristic of “ethnic origin” also includes Sinti and Roma.

Antigypsyist offences may, in particular, constitute Incitement of masses pursuant to Section 130 of the German Criminal Code (CC), if the perpetrator incites hatred against a national, racial, religious group or a group defined by their ethnic origin, against sections of the population or individuals on account of their belonging to one of the aforementioned groups or sections of the population in a manner suited to causing a disturbance of the public peace.

If the perpetrator physically assaults another person, he may be liable to prosecution under Section 223 CC (Bodily harm). In cases where the perpetrator expresses his disregard or disrespect for the person concerned Section 185 CC (Insult) may apply. Depending on the circumstances of the case other provisions may be relevant, in particular the offences of Use of symbols of unconstitutional and terrorist organizations (Section 86a CC), Coercion (Section 240 CC), Threatening commission of serious criminal offence (Section 241 CC) and Criminal damage (Section 303 CC).

Antigypsyism as legally binding term is not present in Lithuanian legal system.

The law to prevent and combat antigypsyism, Law No. 2/2021, establishes the legal framework that criminalises a series of manifestations of antigypsyism, such as promoting antigypsyist ideas, concepts or doctrines or distributing antigypsyist news, information or materials, providing criminal sanctions for these. Government Emergency Ordinance no. 31/2002 on the prohibition of organisations, symbols and acts of a fascist, legionary, racist or xenophobic nature and the promotion of the cult of persons guilty of committing crimes of genocide against humanity and war crimes.

Switzerland does not have exhaustive legislation on racial discrimination. There are provisions on the subject in international treaties, the Federal Constitution (Article 8.2) and in laws. Article 261bis of the Criminal Code (Crim.) is the only provision to prohibit racial discrimination explicitly.

Relations between the state and citizens are also governed by rules of good faith (Art. 5.3, Const.). Any unwarranted discriminatory conduct breaches these rules.

General provisions which provide that a hate element[53] constitutes an aggravating circumstance for all criminal offences at sentencing, and if among the explicitly enumerated criteria there is also ethnicity and/or antigypsyism

Penal Code Art. 87. Para.21. - “A hate crime shall mean a criminal offence committed on account of a person's race, skin colour, religion, national or ethnic origin, language, disability, gender, sexual orientation or gender identity.” According to that definition, all criminal acts committed on the basis of victims’ ethnic origin, nationality or religion are defined as hate crimes. A hate crime shall mean a criminal offence committed on account of a person's race, colour, religion, national or ethnic origin, disability, gender, sexual orientation or gender identity. Unless a more severe punishment is explicitly prescribed by this Code, such conduct shall be taken as an aggravating circumstance.

Article 225-1 of the Criminal Code as making a distinction between individuals on the ground of one of the 26 criteria listed in the code, including actual or supposed membership or non-membership of a specific ethnic group.

Discrimination comprises any distinction applied between natural persons by reason of their origin, sex, family situation, pregnancy, physical appearance, particular vulnerability resulting from their economic situation, whether apparent or known to the perpetrator, family name, place of residence, state of health, loss of autonomy, disability, genetic characteristics, morals, sexual orientation, gender identity, age, political opinions, trade union activities, ability to express themselves in a language other than French, actual or supposed membership or non-membership of a specified ethnic group, nation, race or religion.

Article 225-2 specifies what constitutes discrimination.

Aggravating circumstances under Article 132-76 of the Criminal Code

According to Section 46 (2) of the German Criminal Code, when fixing the penalty, the court weighs the circumstances which speak in favour of and those which speak against the offender. In so doing the court may, in particular, take into consideration the offender’s motives and objectives, in particular racist, xenophobic, antisemitic or gender-specific motives or motives directed against a particular sexual orientation or otherwise evidencing contempt for humanity.

Art 77 Aggravating Circumstances within the Criminal Code, art. h) committing the crime for reasons related to race, nationality, ethnicity, language, religion, gender, sexual orientation, political opinion or affiliation, wealth, social origin, age, disability, chronic non-contagious disease or HIV/AIDS infection or for other circumstances of the same kind, considered by the perpetrator as causes of the inferiority of a person in relation to others.
Correlation with art. 369, Criminal Code: "Inciting the public, by any means, to hatred or discrimination against a category of persons is punishable by imprisonment from 6 months to 3 years or a fine.

The provisions of art. 113 para. (2) of the Code of Criminal Procedure establish the presumption of vulnerability “(…) of victims of hate crimes and of those affected by a crime due to prejudice or for reasons of discrimination which could be related in particular to their personal characteristics”. Even though not explicitly mentioned, the ethnicity is part of the protected criteria under the anti-discrimination legislation, therefore the penal provisions are applicable to a wider scope of actions.

Government Emergency Ordinance no. 31/2002 on the prohibition of organisations, symbols and acts of a fascist, legionary, racist or xenophobic nature and the promotion of the cult of persons guilty of committing crimes of genocide against humanity and war crimes

Anti-racist provisions of the Criminal Codes (Art. 261bis Crim. and Art. 171c of the Military Criminal Code (MCC)). While these apply only to particularly serious cases occurring in public spaces, other offences may come into play such as physical injury or assault (Arts. 122, 123 and 126 Crim., and 71, 121 and 122 MCC). Therefore, it is possible for offensive words not to be recognised as racist comments but to be regarded nonetheless as offences against personal honour such as insult (Arts. 173 et seq. Crim. and 145 et seq. MCC).

Substantive provisions that attach the hate element[54] to any criminal offence at the point of the criminal charge, if among the explicitly enumerated criteria there is also ethnicity and/or antigypsyism

Certain criminal offences contain relevant substantive provisions, such as murder out of greed, ruthless revenge, hatred or other base motives, property damage, etc.

Hate speech (public defamation, insults or incitement committed on grounds of hatred and punishable under the Freedom of the Press Act of 29 July 1881 – it covers actual or supposed membership of a specific ethnic group among the punishable grounds of hatred.

Hate crimes in the Criminal Code of the Republic of Lithuania (hereinafter referred to as CC) cover ridicule, expression of contempt, incitement of discrimination, violence, physical violent treatment of a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views (Article 170 CC).

The characteristics of the definition of hate crimes are revealed by other articles of criminal law, regulating the prohibition of discrimination (Article 169 CC), creation and activities of the groups and organisations aiming at discriminating a group of persons or Inciting against it (Article 1701 CC), public condonation of international crimes, crimes committed by the USSR or Nazi Germany against the republic of Lithuania or inhabitants thereof, denial or gross trivialization of the crimes (Article 1702 CC), disturbance of religious ceremonies or religious celebrations (Article 171 CC), genocide (Article 99 CC), desecration of a grave or another

place of public respect (Article 312 CC).

Law no. 2/2021;

Art. 77 Criminal Code,

art. 113, para (2) of the Code of Criminal procedure

Government Emergency Ordinance no. 31/2002 on the prohibition of organisations, symbols and acts of a fascist, legionary, racist or xenophobic nature and the promotion of the cult of persons guilty of committing crimes of genocide against humanity and war crimes

Standalone equivalents of base criminal offences, which include the hate element[55] as a constituent part, if among the explicitly enumerated criteria there is also ethnicity and/or antigypsyism

Criminal offences which include the hate element are: violation of equality art. 125., public incitement to violence and hatred art. 325

Hate crimes in the legal framework of Lithuania are distinguished as self-standing criminal acts, their motive is identified as an aggravating circumstance or a qualifying characteristic.

It is planned to introduce hate speech to Administrative code.

Table 1: Relevant legal provisions by country

III. POLICY RESPONSES TO ANTIGYPSYISM

The definition of antigypsyism of the International Holocaust Remembrance Alliance was endorsed, used in policy instruments or formally adopted by some of the participating countries to the thematic visit.[56] Lithuania uses the definition of ECRI, from its General Policy Recommendation No. 13.

Measures to combat antigypsyism are included in various forms in the national Roma strategic frameworks.

Some of these policy frameworks reference antigypsyism more narrowly, focusing on certain manifestations of the issue through a broader anti-discrimination lens (e.g. Croatia).

All countries participating in the visit have in place institutionalised structures with the mandate to ensure implementation, monitoring and evaluation of the national Roma strategic frameworks. In Germany, the Development Unit “Shaping the Work against Antigypsyism and for Promoting Sinti and Roma Life in Geremany”, which is also the National Roma Contact Point in Germany[57] holds its biannual Interministerial Working Group.

There are also specialised structures that oversee policy implementation related to wider areas, such as anti-racism or hate crimes, such as the Inter-ministerial Taskforce for Combating Racism, Antisemitism, and anti-LGBT Hatred (DILCRAH in France), Working Group for Monitoring Hate Crimes (Croatia), the Working Group for an effective response to hate crimes and hate speech (Lithuania). Another example is the French Ministry of the Interior’s ASTREE national unit,[58] which is responsible for assessing threat levels,
co-ordinating judicial investigations, combating online hate speech, and contributing to victim protection and assistance. Since 1 August 2020, it has also included a new division dedicated to combating hate crimes (DLCCH).

A good practice in terms of institutionalised structures with a mandate to specifically address antigypsyism is the establishment[59] of the Office of the Federal Government Commissioner against Antigypsyism and for the Life of Sinti and Roma in Germany. This goes back to one of the central demands from the final report of the Independent Commission on Antigypsyism (UKA). Dr Mehmet Daimagüler was the first Commissioner to take office on 1 May 2022, and the office has since been based at the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

Since antigypsyism has multiple manifestations, addressing it might fall into the mandate of multiple institutions and governmental structures. There are good examples of various dynamic partnerships that have been institutionalised, such as co-operation agreements between prosecution services and authorised representatives of the Defender of Rights or the establishment of anti-discrimination monitoring units which enable consultation of representatives of the communities most exposed to racism and discrimination (France). Another example is the German Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities, who represents the Federal Government in interacting with the four national minorities in Germany, puts forward their interests and concerns at federal level, promotes their acceptance and recognition among the general public and complements the Federal Government Commissioner against Antigypsyism and for the Life of Sinti and Roma in Germany.

There is a good example of specific budget allocation for the objective of fighting antigypsyism in the case of the French 2023-2026 National Action Plan against racism, antisemitism and origin-based discrimination, that foresees, among others, funds for supporting the development of an interpretative path and a permanent exhibition space at the former Montreuil-Bellay camp in remembrance of the Travellers interned from 1940 to 1946.

Another targeted governmental funding addressing antigypsyism is the state budget allocated by Germany to the Antigypsyism Reporting and Information Center (MIA).[60] The establishment of MIA was part of the recommendations of the Independent Commission on Antigypsyism. Its work to document and record antigypsyist incidents in Germany and to raise awareness on antigypsyism contributes to the implementation of the EU Roma Strategic Framework 2020-2030. The federal programme “Live Democracy!” funds several projects of Sinti and Roma self-organisations as well as pro Roma organisations, which counter antigypsyism and empower Sinti and Roma communities. The Federal Government Commissioner against Antigypsyism and for the Life of Sinti and Roma in Germany has a dedicated budget, for its office as well as to support projects for Sinti and Roma. The funding aims to raise awareness of their history, recognise their cultural achievements, and promote their inclusion, ultimately countering and preventing antigypsyism. Moreover, the Federal Government Commissioner for Culture and the Media (BKM) finances the Central Council of German Sinti and Roma in Heidelberg in order to strengthen the minority in Germany and its voices within the German society.

In Lithuania, the Department of National Minorities allocates budget for providing legal services for Roma victims of discrimination and hate crimes.

In Romania, the Ministry of Interior extended the Roma/diversity/interculturality training programmes that the National Agency for the Roma piloted in 2023 within the Police Academy in Bucharest and decided to deliver it to all Police Schools for police agents in Romania, in 2024.The Swiss Federal Government allocates budget to the Travellers Foundation and the Yeni and Sinti organisation Radgenossenschaft der Landstrasse, which are active in the area of anti-racism.

In terms of co-operation with and consultation of non-governmental actors, there are examples of consultative mechanisms that look at the overall topic of anti-racism or Roma inclusion. For instance, three NGOs working for Roma (La Voix des Rroms, Romeurope, FNASAT) are members of the steering group following up on the French National Action Plan against racism, antisemitism and origin-based discrimination.

In Germany, the first Sinti and Roma Forum took place in October 2023 with over 150 participants, the majority of whom were representatives of Sinti and Roma self-organisations as well as representatives of federal ministries, the federal states, the Bundestag, foundations and civil society organisations. The Federal Government Commissioner against Antigypsyism and for the Life of Sinti and Roma in Germany aims to establish the forum as a central platform for dialogue between representatives of the Sinti and Roma communities and political decision-makers. The Forum Sinti and Roma 2024 is planned for
27-29 November in Berlin. Communication between the national minority of German Sinti and Roma with federal policy makers and the federal administration has been institutionalised since 2015 in the form of a consultative committee for issues concerning the national minority of German Sinti and Roma established at the Federal Ministry of the Interior and Community and chaired by the Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities. With the establishment of the Federal Government Commissioner against Antigypsyism and for the Life of Sinti and Roma in Germany, as requested by the UKA, a Commissioner’s Advisory Board was also set-up in September 2023. The eleven members of the Advisory Board come from academia, politics, civil society and administration and bring a wealth of expertise in the complex area of antigypsyism. The majority of them belong to Sinti and Roma communities.

Another important initiative for enhancing co-ordination against antigypsyism in Germany is the establishment of a federal-state commission, agreed upon by the Federal Chancellor and the heads of federal states on 20 June 2024 constituted on 7 October 2024. This permanent commission responds to a 2021 recommendation from the Independent Commission on Antigypsyism, and it aims to facilitate information exchange on measures and provide recommendations for preventing and combating antigypsyism.

Romania’s Inter-ministerial Committee for the Implementation, Monitoring and Evaluation of the National Roma Inclusion Strategy has incorporated the Roma active participation principles by inviting Roma and pro-Roma civil society organisations to their meetings (both physical and online). A specialised Roma NGO presented within the Inter-ministerial Committee its monitoring report on anti-Roma attitudes in the cybersphere. The ten Thematic Working Groups – among which one is focused on anti-discrimination/anti-Roma attitudes – are also ensuring participation of specialised Roma organisations in their meetings, to ensure the transfer of know-how, Roma expertise and an enhanced dialogue between ministries and civil society. Another important initiative for enhancing co-ordination against antigypsyism in Germany is the establishment of a federal-state commission, agreed upon by the Federal Chancellor and the heads of federal states on 20 June 2024, constituted on 7 October 2024. This permanent commission responds to a 2021 recommendation from the Independent Commission on Antigypsyism, and it aims to facilitate information exchange on measures and provide recommendations for preventing and combating antigypsyism.

One representative of the Roma civil society participates at the meetings of the Lithuanian Working group for effective response to hate crimes and hate speech, that are held four times per year.

In Switzerland, the Travellers Foundation and the Federal Office of Culture (FOC) hold an annual meeting which provides a discussion forum for cantons and communes dealing with this issue. Various themes are addressed at these meetings, including measures to combat racism and antigypsyism.

Measures to combat all forms of discrimination, including discrimination based on race and ethnicity, or antigypsyism as such, are included in other national strategies or action plans, which ensures a combination of targeted measures and mainstreaming of the topic (e.g. Croatian National Plan for the Protection and Promotion of Human Rights and Combating Discrimination for the Period Until 2027, French 2023-2026 National Action Plan against racism, antisemitism and origin-based discrimination; Romanian Strategy for preventing and combating antisemitism, xenophobia, radicalisation and hate speech 2024-2027); German Ministry of the Interior and Community action plan against right-wing extremism (2022); German Federal government strategy “Together for democracy and against extremism”). On 4 June 2024, the Swiss parliament instructed the Federal Council to draw up a strategy and an action plan to combat racism and antisemitism.[61] It’s likely that the strategy and action plan will contain specific measures to combat racism against Yenish, Sinti/Manush and Roma.

There are good examples where antigypsyism can be approached through policies responding to hate crimes, in general. Such an example is the Croatian Protocol on handling hate crimes, revised in 2021, as also recommended by the Council of Europe Committee of Ministers.[62] The revised Protocol establishes responsibilities for authorities in handling hate crimes, ensuring comprehensive monitoring from crime detection to case resolution. It also refers to training and educational activities and facilitates data collection on hate crimes, overseen by the Office for Human Rights and the Rights of National Minorities of the Government of the Republic of Croatia (GOHRRNM) which publishes statistical information on its website[63].

There are several examples of programmes focusing on prevention of hate crime or hate speech. The Croatian Ministry of Interior, in partnership with the Ministry of Science and Education implement a programme module on prevention of bullying, which has reached until July 2023 more than 1 500 students.

Countries participating in the visit are reporting various policy measures on Roma Holocaust remembrance, as an integral part of the overall fight against antigypsyism (e.g. student visits to the Roma Memorial Center in Ustica organised around the International Day of Remembrance of Roma Victims of Genocide in the Second World War / Samudaripen in Croatia; strong foreign policy on the topic of Germany, followed-up by the Special Representative for relations with Jewish Organisations; Issues relating to Antisemitism, International Sinti and Roma Affairs, Holocaust Remembrance at the Federal Foreign Office Germany; support also in funding of the European Holocaust Memorial Day for Sinti and Roma, by the German state).

When it comes to the responses to antigypsyism, political messages are crucial. The participation of high-level political representatives in events that commemorate the historical persecution of the Roma, particularly during the Nazi regime, is creating a narrative that clearly demonstrates accountability, responsibility, and commitment (e.g. Croatia, Germany).

Member state	Policy framework	Highlights
Croatia	National Roma Inclusion Plan	Relevant measures: 1. activities to strengthen combating direct or indirect discrimination, harassment, stereotyping, anti-Roma rhetoric, hate speech, hate crimes and violence against Roma, as well as combating incitement to do so, either online or offline, particularly in the context of the transposition, implementation and enforcement of Directive 2000/43/EC, Framework Decision 2008/913/JHA and Directive 2010/13/EU of the European Parliament and of the Council; 2. activities to develop and promote a comprehensive victim support system, in accordance with Directive 2012/29/EU, and to provide targeted assistance to Roma victims of hate crimes and discrimination in accordance with the Protocol for Procedure in Case of Hate Crimes; 3. activities to help combat multiple and structural discrimination against the Roma, particularly women and children in the Roma community, Roma belonging to the LGBTI+ group, Roma with disabilities, the elderly Roma population, stateless Roma or those travelling within the EU; 4. activities aimed at raising awareness that efforts to combat discrimination are interlinked with efforts to combat anti-Romani sentiment and social and economic exclusion, and that all these efforts serve the long-term goal of equality; 5. activities that analyse and recognise the phenomenon of anti-Romani sentiment and raise awareness of its existence, the forms it can take and its harmful consequences, through the media, school curricula or otherwise, and by training officials and other stakeholders to recognize the problem and work on solutions; 6. activities promoting multicultural activities and awareness-raising campaigns in schools and other educational institutions; 7. activities aimed at raising awareness on Roma cultures, language and history, including remembrance of Roma victims of the Holocaust and reconciliation procedures, including the provision of appropriate teacher training and the development of an appropriate school curriculum, considering that such awareness is key to reducing prejudice and anti-Romani sentiment, which are also important causes of discrimination; 8. activities that encourage positive speech about the Roma and good examples, ways that include support for community-based encounters and intercultural learning.
France	2023-2026 National Action Plan against racism, antisemitism and origin-based discrimination	Relevant measures: 1. Training public servants, police, gendarmes and judges and prosecutors on antigypsyism (indicator: number of officials trained); 2. Introducing specific monitoring of online hate speech and discriminatory comment regarding Travellers and Roma communities or persons identifying as Roma; combating online hate speech (indicator: number of cases dealt with); 3. Including preventing and combating antigypsyism in antiracist awareness-raising programmes in schools (indicator: number of teaching materials produced); 4. Supporting the development of an interpretative path and a permanent exhibition space at the former Montreuil-Bellay camp in remembrance of the Travellers interned from 1940 to 1946 (€700 000 in total for developing the path and the exhibition space, followed by annual sums of €18 000 to €26 000).
Germany	Tackling Antigypsyism, Ensuring Participation -National Strategic Framework to implement the EU Roma Strategic Framework in Germany	The National Strategy’s goals are in line with the EU Roma Strategic Framework 2020-2030 to reduce antigypsyist incidents and discrimination, to increase societal participation for Sinti and Roma as well as to reduce poverty and social exclusion (especially in the areas of education, housing, health and employment). On 14 December 2023, the German Bundestag adopted for the first time a motion for a resolution on fighting antigypsyism (20/9779) as a cross-party initiative. The resolution sets out comprehensive measures to combat antigypsyism and to strengthen Sinti and Roma communities as well as their possibilities for participation. Relevant measures: - The establishment and continuous funding of an independent reporting and monitoring entity to document antigypsyist incidents in Germany - The establishment and continuous funding of the Commissioner against Antigysyism and for the Life of Sinti and Roma in Germany - To strenghten the participation of Sinti and Roma and to support Sinti and Roma self-organisations in their efforts for social inclusion - To strengthen efforts of civic education with regards to combating antigypsyism
Lithuania	Action Plan for Roma Inclusion	One of the objectives of the Action Plan is to combat antigypsyism and discrimination against Roma. Relevant measures: 1. Ensure the activity of the expert commission for combating antigypsyism by organising four meetings per year 2. To analyse manifestations of antigypsyism in society by conducting research on historical manifestations of antigypsyism, Roma genocide, and other related topics; provide recommendations for combating antigypsyism 3. Conduct one social campaign per year aimed at changing negative societal attitudes towards Roma 4. Organise training sessions for Roma Platform Co-ordinators (mediators), non-governmental Roma organisations, and other Roma activists on discrimination, evidence gathering, and filing complaints 5. Strengthen collaboration with the Equal Opportunities Ombudsman's office by organising consultations on the issues of Roma discrimination 6. Strengthen co-operation with the Employment Service to combat discrimination against Roma in the labour market
Romania	Strategy of the Romanian Government on Inclusion of Romanian Citizens Belonging to the Roma Minority (2022 – 2027)	Specific objective on combating discrimination, antigypsyism and antigypsyism generating hate speech or hate crime Lines of action within the Plan of measures related to this objective: - Combating hate speech and anti-Roma attitudes, generating incitement to hatred or hate crimes - Raising awareness on the anti-Roma attitudes, generating hate speech - Analysing of the case-law sanctioning hate speech generating hate crimes - Continuous training for the law enforcement agents and magistrates on anti-racism against Roma - Elaborating and disseminating of educational resources on preventing and combating anti-Roma attitudes of public and private employers - Organising training courses for public servants/contractual agents from the public administration on preventing and combating discrimination - Analysing of the application of the anti-discrimination legislation in the exam bibliographies or training programmes of the public servants - Raising awareness on the public institutions providing services in the area of education, public health, employment and housing - Incorporating the anti-discrimination legislation in the internal documents of public and private employers, including of the elements related to racial discrimination, multiple and intersectional discrimination - Elaborating an instrument that disseminates positive practices of public and private employers in the area of combating racial discrimination, multiple and intersectional discrimination
Switzerland	The National Action Plan on improving nomadic living conditions and promoting the culture of Yenish, Manush and Roma also includes many measures to combat racism	The Anti-Racism Service (SLR) and the Federal Office of Culture (FOC) may support projects to raise awareness among teachers about the specific needs of the Yenish, Manush and Roma minorities and encourage them to prepare lessons on their history and culture. Projects may be submitted by teacher training colleges, communes, cantons or civil society organisations. The SLR supports projects to combat all forms of discrimination and antigypsyism against Yenish, Manush and Roma. Anti-racism campaigns also champion the rights of these communities. On request the SLR and the FOC may support awareness-raising and in-service training projects proposed by the communes and police forces on the rights and duties of nomadic minorities (courses, documentation, etc.).

Table 2 Highlights related to antigypsyism in national policy instruments

IV. TRAINING OF THE LEGAL PROFESSIONALS, STAFF OF PUBLIC AUTHORITIES AND LAW ENFORCEMENT ON TOPICS RELATED TO COMBATING ANTIGYPSYISM

In its General Policy Recommendation No. 13, ECRI raises concerns over the various manifestations of antigypsyism in multiple areas, such as: education, employment, health care, racist violence and crimes against Roma, antigypsyism expressed by the media. Correspondingly, several of ECRI’s central recommendations include providing adequate training to teaching staff, civil servants, health workers, police, prosecuting authorities, judges, Roma communities, and journalists.

Providing capacity building for authorities, but also for Roma and Travellers organisations and communities, has been at the centre of the co-operation activities initiated by the Council of Europe’s Roma and Travellers Division in several member States.[64]

Police officers play a crucial role in the justice system, as they are often the initial responders to victims of hate speech, harassment, racially motivated crimes, and various human rights violations. Their involvement is essential for ensuring that Roma and Traveller communities obtain fair and appropriate access to justice. It is expected that police officers are constantly updated on human rights standards and practices, incorporating them into their daily duties. The topic of ineffective investigation into allegations of racially motivated crimes against Roma is recurrent in the case law of the European Court of Human Rights. In view of the several judgments pending execution, under the supervision of the Council of Europe’s
Committee of Ministers, the Roma and Travellers Division launched various initiative to support member States in this area.

The Roma and Travellers Division has published and used the Police Toolkit[65] “Council of Europe standards on racially motivated crimes and non-discrimination of Roma and Travellers”. The Toolkit can be used as an awareness raising and educational tool as it includes proposals for training events and information sessions with/for police officers and other law enforcement officials.

The Council of Europe has a longstanding co-operation with the Organization for Security and Co-operation in Europe/Office for Democratic Institutions and Human Rights, having developed a joint training for law-enforcement officers on human rights and non-discriminatory policing aims to strengthen the capacity of police officers working in Roma, Sinti and Traveller communities and mixed communities.[66]

Taking into account the institutions’ staff turnover, training initiatives in general should aim to be institutional/systematic. They should have continuity and ideally be managed by institutions (e.g. subjects included in university curricula; other pre-service training; subjects included in mandatory continuous training – in-service type of training).

A good initiative of the Croatian authorities was the 2023 mapping[67] of training and development educational programs organised by public law bodies and civil society organisations in the period from 2017 to 2021, on the topic of hate crimes, hate speech or non-discrimination. Based on the mapping, seven key recommendations were issued for the improvement of future activities to raise the level of knowledge and strengthen capacities state and public administrations, local and regional self-government units and civil society organisations in the field of combating discrimination, hate crimes and hate speech. GOHRRNM, in co-operation with the Judicial Academy and the Police Academy, regularly conducts specialised regional trainings for judges, state attorneys and police officials.

In France, the Inter-ministerial Taskforce for Combating Racism, Antisemitism and anti-LGBT Hatred (DILCRAH) has held general training courses on preventing discrimination in colleges for teachers, gendarmes, the police and judges. As regards raising awareness of antigypsyism through the training courses of the French Ministry for Education and Youth (National Training Plan, Institute for Advanced Studies in Education and Training (IH2EF), education board training plans), various existing resources have been expanded: those of the Canopé Network’s platform on education against racism and antisemitism, the Guide to taking action against racism and antisemitism, which is a reference document for teaching staff in particular, and the Eduscol website on teaching about the genocide of European Roma.

Several good practices promoting training initiatives are identified in Germany. On 27 January 2023 a joint agreement was signed between the German Federal Criminal Police Office and the Central Council of German Sinti and Roma in the field of education and training. Students at the criminal police faculty, within the Federal University of Public Administration (Hochschule des Bundes; HS Bund), are required to attend a full-day event on antigypsyism prior to their traineeship in their respective federal states. The Education Centre against Antigypsyism (Bildungsforum gegen Antiziganismus) aims to support or supervise bachelor’s theses written by students of the criminal police faculty at the Federal University of Public Administration. In addition to student events, the Education Centre against Antigypsyism is to offer two full-day training courses, initially aimed at managers and multipliers. The aim is to focus on antigypsyism as a specific form of racism and on the history and present-day lives of Sinti and Roma.

While signing these co-operation agreements, the Federal Criminal Police Office also officially recognised the non-binding definition of antigypsyism of the IHRA.

In Lithuania, the topic “Concept of hate crimes, signs, forms, legal regulation. Differences between hate crimes and other crimes actions” is integrated into the policeman’s modular professional training programme, according to which all police cadets of the Lithuanian Police are trained. Also, the qualification programme “Officers' actions in cases of hate crimes and preventive activities in the prevention of hate crime” is being implemented by Lithuanian Police school.

Country	Training initiative
Croatia	2023: - The Office for Human Rights and the Rights of National Minorities, in co-operation with the Judicial Academy, conducted two training sessions for 60 judges, court advisors, employees of the state attorney's office and police officers as part of the implementation of expert seminars for combating hate crimes and hate speech. - The Judicial Academy conducted four workshops on the topic of hate crimes and hate speech for criminal and misdemeanour judges and court advisors, deputy state attorneys and state attorney advisors, and police officers, with a total of 47 participants.
France	- National training seminar of the Ministry for Education and Youth, Paris 2023 – touched upon antigypsyism - Educational and training resources for teaching staff are being finalised on the magistere platform.
Germany	- EhAP Plus – Integration helps counter the exclusion of the most deprived is a governmental programme, successor of the previous EHAP programme funded by the Fund for European Aid to the Most Deprived (FEAD), now cofinanced by the European Social Fund (ESF+) Federal programme, and designed to improve the living conditions and social integration of particularly deprived newly arrived Union citizens and their children under the age of 18 in Germany, as well as homeless people or people at risk of homelessness and their children under the age of 18. To improve the knowledge relating to the living conditions and needs of the target groups as well as the issues of antigypsyism and anti-discrimination, measures can also be funded to raise awareness and train employees at public administrations, institutions from the regular support system as well as local social work institutions. - 74 projects are funded and 48 more shall start working in December 2024. Out of these 122 projects 56 additionally organise advice and training on the topics of antigypsyism and anti-discrimination. - Police Education and training of the German Federal Criminal Police Office as well as the German Federal Police in co-operation with The Education Centre against Antigypsyism.
Lithuania	2023: - 52 officers studied according to the training programme “Officers' actions in cases of hate crimes and preventive activities in the prevention of hatred crimes”. - 150 police cadets studied according to the programme “Concept of hate crimes, signs, forms, legal regulation. Differences between hate crimes and other criminal acts” (6 Acad. hours). - 118 future officers studied under the introductory training course programme “Hate concept, signs, forms of crimes. How is it different from other criminal acts” (4 Acad. hours). - 15 police officials participated in training organised by the Department of National Minorities of the Republic of Lithuania on the topic “National Minorities in Lithuania”. - 25 judges participated in the training “Hate crimes: legal and psychological aspects” (8 credit hours)
Romania	2023: A co-operation protocol between the “Alexandru Ioan Cuza” Police Academy and the National Agency for Roma was signed, aiming to organise thematic activities targeting university teachers and students of the Police Academy, in order to prevent and combat antisemitism, xenophobia, radicalisation and racial hatred speech. A central element of the collaboration between the two institutions is the sensibilisation of students and teachers from the Police Academy on customs and fundamental values of the Roma minority, in order to promote non-discriminatory attitudes and the valorisation of alterity and interculturality. 2024: The co-operation protocol between NAR and the Ministry of Interior was extended to deliver the training courses initiated in 2023 to all post-graduates cadets schools for future police agents in Romania.

Table 3: Other training initiatives in the countries participating in the thematic visit

V. REPORTING, MONITORING AND DATA COLLECTION

Recommendation CM/Rec(2024)4 of the Committee of Ministers to member States on combating hate crime gives specific guidelines related to victim support. An important aspect highlighted by the recommendation is that due regard must be given to the way intersectional victimisation operates and based on this, support measures should be adequately adapted. Apart from mechanisms available and support measures in place for victims of crimes in general, some countries participating in the visit have established co-operation with civil society organisations, to tailor support for the needs of the Roma/Travellers communities.

In Croatia, victims of hate crimes can receive support from the relevant departments in the seven county courts, or by contacting a local member of the Support and Co-operation Network in other areas. The Ministry of Justice, Public Administration and Digital Transformation also offers assistance to victims in certain situations and oversees the entire support system.

The French Department Councils for Access to Justice (CDAD) runs specific legal operations, providing free and confidential legal advice for representatives of the Roma community. In some areas, representatives of the Defender of Rights operate in legal access centres to support and guide victims of discrimination.

Human Rights House Zagreb and its partners have enhanced their online tool, dostajemrznje.org, which connects the Croatian public to resources for addressing hate speech and hate crimes. The tool allows the public to report instances of hate speech, which administrators then verify before forwarding to relevant authorities. The tool aims not only to eliminate hate speech, but also to raise awareness about expressions that undermine a democratic society inclusive of all social groups.

The French Interministerial Task Force on Housing and Access to Housing (DIHAL) provides funding for an association, La Voix des Roms, which ensures legal assistance services in French, Romanian and Romani for persons living in slums.

The Lithuanian Human Rights Centre administers a reporting mechanism[68] of hate crimes, based on an online questionnaire. The victims choosing to report a hate crime using the online reporting tool, have to decide whether they want to submit a complaint to the police and whether they require assistance from the Lithuanian Human Rights Centre.

The Communications Regulatory Authority of the Republic of Lithuania (CRA) has available an online tool[69] where “illegal content on the internet” can be reported.

Lithuanian police have launched a virtual patrol to monitor cyberspace and to prevent criminal acts and administrative offenses in the electronic space. It monitors social networks, evaluates received information and collection of additional information, as well as active preventive activities and informs individuals on various relevant topics related to the prevention of law violations in the electronic space.

The Swiss Anti-Racism Service (SLR)[70] combines various sources of data and compiles them in monitoring reports. The SLR succeeds in documenting racism and racial discrimination both at individual level and at institutional and structural levels.

In its General Policy Recommendation No. 3, ECRI highlights the importance of collecting statistical data on Roma, in order to make adequate assessments of needs and problems faced by this community and to adapt policies in order to effectively combat the identified challenges. Such data should be collected “by ensuring respect for the principles of confidentiality, voluntary self-identification and informed consent”.

The European Committee on Social Rights recently held[71] that the failure of the authorities to collect statistical data on the basis of ethnicity, in order to thoroughly assess the extent of the problem of over-representation of Roma children under state care, also affects and has a discriminatory effect on the enjoyment by Roma families of their right to necessary conditions for their full development and accessing the range of rights guaranteed under this provision.

In Croatia, a “Protocol for Procedure in cases of hate crime” has been adopted, establishing state authorities’ responsibilities in addressing hate crime and revising the responsibilities of the Working Group for monitoring hate crimes. The Ministry of the Interior gathers and updates data on hate crime cases, including the case number, number of perpetrators and victims, the time and place of the offence, the classification of the crime, and relevant characteristics as outlined in specific articles of the Criminal Code. The courts send anonymised final decisions on hate crime cases to the GOHRRNM for analysis, serving the purpose of developing effective anti-hate crime policies. They are also encouraged to publish these decisions on the case law portal. The Ministry of Justice and Public Administration consolidates hate crime data from its case management IT system and periodically provides this information to the GOHRRNM, which compiles these and publish them the website.

In France, the Central Territorial Intelligence Service (SCRT) collects data from local contacts (department services, local units, several gendarmerie offices) and local partners (police stations, gendarmerie brigades, police districts, associations). Antigypsyist offences are listed under “other racist and xenophobic offences”. In 2022, a total of 1 012 such offences were recorded. The SCRT has chosen to break down the offences in detail only if it detects an emerging or particularly sensitive trend.

The PHAROS platform to combat cybercrime[72], in France, includes a category named “discrimination” with 11 sub-categories. The application needs an update to avoid difficulties in producing the reports and statistics caused by addition of more precise categories, such as antigypsyism.

An online hate monitoring centre[73] was set-up in 2020, attached to the French Regulatory Authority for Audiovisual and Digital Communication (Arcom), to monitor and analyse trends in hateful content. It brings together content disseminators, associations, government departments and researchers working on these offences. Lastly, the Defender of Rights has set-up a platform for victims or witnesses to report cases of discrimination (antidiscriminations.fr), linked with a free phone number. As indicated in the section “Scale of antigypsyism”, the Defender of Rights collects data on cases related to antigypsyism and discrimination against Travellers and Roma.

Founded in 2021 in Germany and supported by the Federal Government, the independent Antigypsyism Reporting and Information Center (MIA) documents incidents of antigypsyism in Germany. Its first published report highlights 621 antigypsyism incidents in 2022, while the second one reveals 1233 documented cases of antigypsyism in 2023.

The Federal Government Commissioner against Antigypsyism and for the Life of Sinti and Roma is responsible for submitting a report to the Parliament on the state of the fight against antigypsyism in Germany during the current legislative period and every four years from 2025 onwards. To better reflect the realities on the ground, the Federal Anti-Discrimination Agency has initiated a participatory dialogue process with civil society organisations to explore the possibilities and conditions for collecting data on the living situation and experiences of discrimination of Sinti and Roma in Germany (e.g. in community-based surveys). The Federal Anti-Discrimination Agency has further funded research projects in order to investigate antigypsyism with a special focus on discrimination against Sinti and Roma.[74] Two more contract research projects are ongoing in order to analyse the risks of discrimination and protection against discrimination in the police and justice sector, addressing also antigypsyism.

The Kompetenznetzwerk gegen Hass im Netz (Competence Network Against Hate Online)[75] conducted a study which sheds lights on the quiet retreat of individuals from online platforms in response to toxic online environments and the prevalence of hate speech. The study includes antigypsyist cases of online hate against Sinti and Roma.

State criminal police offices (Landeskriminalämter, LKÄ) report politically motivated crimes to the Federal Criminal Police Office (BKA) through a centralised database.[76] These crimes are classified based on their political motivations and categorised by federal states, with “Antigypsyist hate crime” recorded under hate crimes since 2017. A politically motivated crime is categorised based on evidence suggesting an ideological orientation, which can include the offender’s characteristics, language, or symbols used. Crimes are categorised as hate crimes if they target individuals or groups due to their political beliefs, nationality, race, religion, or other identifiers. Crimes against the Sinti and Roma ethnic group are specifically recorded as “Antigypsyist hate crime.” Since 2022, the documentation system has included the IHRA definition of antigypsyism.

VI. CONCLUSIONS

Legal framework

Participating countries in the thematic visit have legal provisions in place to sanction antigypsyism. Antigypsyism is prohibited either as a specific phenomenon, and/or by the general legislation prohibiting discrimination and/or hate crimes and/or hate speech.

Where antigypsyism is specifically prohibited by special laws, the efficiency of these provisions is still pending assessment. In the countries where legislation does address hate speech and hate crimes and the provisions cover ethnicity, the inclusion of antigypsyism in legislation would have a rather symbolic character, which is equally important.

Policy framework

In order to address a phenomenon through policy measures, it must be fully understood as a concept. Regardless of the inclusion of “antigypsyism” as such in legal provisions, a form of public recognition and a nationally relevant definition of the phenomenon represents a starting point before addressing it. Definitions such as the one used in the ECRI General Policy Recommendation No. 13, or the IHRA definition of antigypsyism, have been adopted or used by a large part of the participating countries in the country visit.

Embedding the value of combating antigypsyism in society

In addition to enacting legislation and raising public awareness that antigypsyism is prohibited by law, it is of utmost importance for society that society internalises values, such as diversity, inclusion and non-discrimination. Governments must speak to the hearts and minds of the population to drive societal change, using tools like law, education, and the administration.

One possible way to embed the need to combat antigypsyism into the values of society is to publicly condemn, to investigate and to prosecute manifestations of hate crimes against Roma. There is a lack in the public sphere of public and political discourses and of media narratives that counter far right expressions and strongly condemn antigypsyism. This should be encouraged, and it should come hand in hand with promotion of values such as diversity and inclusion.

Efforts by states in countering manifestations of antigypsyism still lack a direct communication with the general public. This can be redressed by reaching to young generations through means of formal and informal education and through public campaigns.

Inter-institutional co-operation

Countries participating in the thematic visit have included combating antigypsyism in the main policy framework related to Roma, the national Roma strategic frameworks and/or as a specific objective. The level of specificity of the corresponding measures and allocated budget varies from one country to the other. There are institutionalised structures tasked with ensuring implementation of the national Roma strategic frameworks, but these do not always have a specific focus on combating antigypsyism. Permanent structures are needed within governments to ensure addressing antigypsyism regardless of political agendas and volatile political contexts.

The example from Germany, of the Federal Government Commissioner against Antigypsyism and for the Life of Sinti and Roma in Germany, is a promising structure placing the fight against antigypsyism at the core of its mandate.

Fighting antigypsyism often involves measures that are within the mandates of different institutions, which determines the need for inter-institutional co-operation.

The adopted national Roma strategic frameworks have introduced structures and processes to facilitate their effective implementation. Among these, consultation mechanisms with civil society organisations have been created. In areas such as combating antigypsyism, state financial support for non-governmental initiatives is particularly essential. Several examples from the participating countries to the thematic visit are proving the key role of civil society organisations in awareness raising, training and victim support, outreach and even non-official data collection.

The online dimension

Participants to the thematic visit emphasised that online hatred is spreading rapidly and how challenging it is to stop it. There are various initiatives in place to monitor and prevent online hatred, which need to be further enhanced and need ongoing support.

Data collection, training and raising awareness

The countries participating in the thematic visit acknowledged the importance of embedding antigypsyism into systematic training processes of public servants. Multiple efforts have been directed into turning ad-hoc initiatives into ongoing programmes. The impact and importance of one-off training initiative should not be neglected, as staff turnover is a factor that always determines ongoing training needs.

Reporting, monitoring and data collection remain critical elements. While there are examples where systems of recording hate crimes have been improved, to also reflect antigypsyism incidents, underreporting still remains a significant challenge.

Support for victims of hate crimes is available in various forms across the countries. Tailored support for victims of antigypsyism is to be found where partnerships with civil society organisations are made by the public institutions.

Incorporating Roma and Traveller history into school curricula is crucial for combating antigypsyism.
It honours the victims of past oppressions, including the Roma Holocaust, and sheds light on the
often-overlooked aspects of European history. By recognising that Roma history is intertwined with a shared European narrative, greater understanding and appreciation of diverse cultures and values can be fostered. This educational approach not only promotes unity, but also plays a significant role in preventing antigypsyism and building a more inclusive society.

Memorialisation is an essential component that connects the past to the present and the future, serving as an important piece in the fight against antigypsyism. Many states are rightfully linking in their actions on Roma Holocaust remembrance and education with combating antigypsyism.

VII. RECOMMENDATIONS

1. As a first step in addressing antigypsyism, member States should acknowledge and document it as a specific form of racism and as one of the most influential factors determining marginalisation and exclusion of Roma, be it in the form of legislation, policies or practices.

2. Member States should build a general awareness, transcending state obligations stemming from membership to European organisations, that antigypsyism must be recognised, prevented and combated. This awareness should be built within Roma communities themselves, at the level of the general population as well as at the level of all institutions (national, regional and local).

3. Member States should analyse the impact of the legislative framework on combating antigypsyism, where such legislation exists, by looking at its applicability, interpretation, level of awareness on these among communities and civil society organisations, with a view to assess effectiveness and identify appropriate measures to ensure the swift application of law against antigypsyism.

4. In those states where there is no adequate legislation to address manifestations of antigypsyism (be it in the form of hate crimes or hate speech), member States should take urgent measures to rectify this.

5. In those member States where there are various national legislative provisions addressing hate crime, hate speech or other manifestations of antigypsyism, which might give rise to overlaps, member States should ensure that there is uniform sanctioning, on-going monitoring and evaluation of the application of relevant law in the case of antigypsyism.

6. Member States should identify causes of underreporting and approach them through systemic measures enhancing trust among communities and relevant state agencies. In case one of the factors for underreporting is the lack of information concerning legislation and available mechanisms, member States could put in place measures such as campaigns, community legal empowerment and capacity building of civil society organisations.

7. Member States could take inspiration from Germany to establish commissions such as the independent expert commission on antigypsyism, to investigate and document the discrimination and exclusion of Roma. Such commissions can play an important role in systematic data collection, but also in guiding policies that can address antigypsyism.

8. Member States should consider strengthening collaborations with and among museums and/or other cultural institutions as a possible avenue to address antigypsyism through various methods, including culture.

9. Member States should include Roma and/or Traveller history in teaching materials and textbooks and should revise school curricula programmes so that they adequately reflect Roma/Traveller history and accounts on their presence in and contribution to the European society. Member States should ensure revision of textbooks and school curricula to remove any stereotypical, prejudicial or biased accounts of Roma and/or Travellers.

10. Member States should support places of learning, memorial sites, and commemorative activities as a way to honour the past, while addressing current antigypsyism.

11. Member States should integrate systematic training on antigypsyism into initial and continuous training programmes of civil servants, representatives of the judiciary and of the law enforcement, as well as into training programs of teaching staff and educational administrators.

12. Member States should encourage representatives of administration, public officials to take the lead in publicly condemning antigypsyism, countering far right expressions and discourses, and promoting values such as diversity and inclusion.

13. Member States should also build alliances with other stakeholders, such as trade unions, churches, sports clubs and other private actors that reach out to masses, to promote democratic values that counter antigypsyism.

14. Member States should support public campaigns on combating antigypsyism and promotion of democratic values.

15. Institutions such as equality bodies should seek synergies, where their mandate allows to do so, to be involved in the process of design, implementation and monitoring of the implementation of National Roma Inclusion Strategies, on issues related to anti-discrimination and fighting antigypsyism.

16. In preventing and combating manifestations of antigypsyism, relevant authorities should co-operate with civil society organisations and provide support through various initiatives or means related to, among other, awareness raising, training and victim support, building trust and understanding on the phenomenon and enhancing state response to antigypsyism.

17. Member States should encourage the use of online spaces for promoting counter narratives.

18. Member States should acknowledge that antigypsyism is not an ad-hoc topic, thus putting in place everlasting governmental structures to counter it.

[1] This document has been classified restricted until examination by the Committee of Ministers.

[2] The term “Roma and Travellers” is used at the Council of Europe to encompass the wide diversity of the groups covered by the work of the Council of Europe in this field: on the one hand a) Roma, Sinti/Manush, Calé, Kaale, Romanichals, Boyash/Rudari; b) Balkan Egyptians and Ashkali; c) Eastern groups (Dom/Garachi, Lom/Bosha and Abdal); and, on the other hand, groups such as Travellers, Yenish, and the populations designated under the administrative term “Gens du voyage”, as well as persons who identify themselves as Gypsies. The present is an explanatory footnote, not a definition of Roma and/or Travellers.

[3] Council of Europe, Strategic Action Plan on Roma and Travellers Inclusion (2020-2025), https://rm.coe.int/coe-strategic-action-plan-for-roma-and-traveller-inclusion-en/16809fe0d0.

[4] ECRI, General Policy Recommendation No. 13 on Combating Antigypsyism and Discrimination against Roma, http://rm.coe.int/ecri-general-policy-recommendation-no-13-on-combating-anti-gypsyism-an/16808b5aee.

[5] Council of Europe, Antigypsyism- Causes – Prevalence – Consequences – Possible responses, 2022, https://rm.coe.int/adi-rom-2020-27-final-antigypsyism-causes-prevalence-consequences-poss/1680a6d053

[6] The European Roma Institute for Arts and Culture e.V. (ERIAC) is a joint initiative of the Council of Europe, the Open Society Foundations, and the Roma Leaders’ initiative – the Alliance for the European Roma Institute for Arts and Culture.

[7] Press Unit of the European Court of Human Rights, Thematic factsheet "Roma and Travellers", October 2023, https://www.echr.coe.int/documents/d/echr/FS_Roma_ENG

[8] European Committee on Social Rights, Decision on the merits, Amnesty International v Italy (Complain no. 178/2019), § 69 and Decision on the merits: Médecins du Monde - International v. France, Collective Complaint No. 67/2011, § 39.

[9] Committee of Ministers, Declaration on the Rise of Anti-Gypsyism and Racist Violence against Roma, 2012, https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016805cb2c8.

[10] Recommendation CM/Rec (2023)4 of the Committee of Ministers to member States, https://rm.coe.int/0900001680aacef2.

[11] Recommendation CM/Rec(2024)1 of the Committee of Ministers to member States on equality of Roma and Travellers women and girls, https://rm.coe.int/recommendation-cm-rec-2024-1-on-the-equality-of-roma-and-traveller-wom/native/1680b21286

[12] Cited above.

[13]ACFC, Third Opinion on the Czech Republic (Article 4), adopted on 1 July 2011,

http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168008c670.

[14] ACFC, Fifth Opinion on Bosnia and Herzegovina, adopted on 8 February 2024, https://rm.coe.int/5th-sr-bih-en/1680a7ca9a.

[15] ACFC, Fifth Opinion on Sweden, adopted on 11 October 2023, https://rm.coe.int/5th-op-sweden-en/1680ae851a.

[16] ACFC, Fifth Opinion on Austria, adopted on 8 June 2023, https://rm.coe.int/5th-sr-austria-en/1680a4092f.

[17] ACFC, Fifth Opinion on the Republic of Moldova, adopted on 7 June 2023, https://rm.coe.int/5th-op-moldova-en/1680acf5c8.

[18] ACFC, Fifth Opinion on Albania, 6 June 2023, https://rm.coe.int/5th-sr-albania-en/1680a2614c.

[19] Commissioner for Human Rights, statement, Journalism Excellence Awards Ceremony “Ethical media reporting on Roma and combating racism and antigypsyism through the media”, 18 June 2024, https://rm.coe.int/speech-for-the-journalism-excellence-awards-ceremonyaward-ethical-medi/1680b07a61.

[20] Commissioner for Human Rights, statement following country visit, Commissioner O’Flaherty raises alarm on LGBTI rights, pledges to partner with Roma, 2024 https://www.coe.int/en/web/commissioner/-/commissioner-o-flaherty-raises-alarm-on-lgbtiq-rights-pledges-to-partner-with-roma.

[21] Commissioner for Human Rights, statement following country visit, Slovak Republic: urgent need to address human rights of Roma and adopt an intergenerational approach, 2024 https://www.coe.int/en/web/commissioner/-/slovak-republic-urgent-need-to-address-human-rights-of-roma-and-adopt-an-intergenerational-approach.

[22] Commissioner for Human Rights, statement, Remembering the Roma Holocaust is also recognising the increasing levels of antigypsyism today - Commissioner for Human Rights (coe.int), 2024, https://www.coe.int/en/web/commissioner/-/remembering-the-roma-holocaust-is-also-recognising-the-increasing-levels-of-antigypsyism-today.

[23] PACE, Resolution 2153 (2017), Promoting the inclusion of Roma and Travellers, https://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=23490&lang=en.

[24] For details, see https://pace.coe.int/en/pages/no-hate.

[25] PACE, Resolution 2523 (2023), Institutional racism of law-enforcement authorities against Roma and Travellers, https://pace.coe.int/files/33183/pdf.

[26] Antigypsyism – Causes – Prevalence – Consequences – Possible responses, cited above.

[27] Implemented by the Croatian Law Centre, in partnership with the State Attorney's Office of the Republic of Croatia, the Police Academy and the Office for Human Rights and the Rights of National Minorities of the Government of the Republic of Croatia.

[28] Munivrana Vajda, Maja ; Sučić, Ines ; Maršavelski, Aleksandar ; Eterović, Ivana, Hate Crime in Croatia: Empirical Research of Cases from the Period 2013–2018), 2021, https://www.hpc.hr/wp-content/uploads/2021/03/Research-Report-Hate-Crime-in-Croatia_EN.pdf.

[29] Croatian Legal Centre in partnership with the State Attorney's Office of the Republic of Croatia, the Police Academy and the Office for Human Rights and National Minority Rights of the Government of the Republic of Croatia, Recommendations for the Improvement of Response to Hate Crime, 2021, https://www.hpc.hr/wp-content/uploads/2021/03/Recommendations-for-the-improvement-of-response-ro-HC_EN.pdf.

[30] National Consultative Commission on Human Rights (CNCDH), Rapport 2021 sur la lutte contre le racisme, l'antisémitisme et la xénophobie, Report on the fight against racism, anti-Semitism and xenophobia, 2021 (in French only) https://www.cncdh.fr/sites/default/files/2022-09/9782111576858_CNCDH_Rapport2021_Racisme_Access.pdf.

[31] Cited above, pages 26-29.

[32] National Consultative Commission on Human Rights (CNCDH), Rapport 2023 sur la lutte contre le racisme, l'antisémitisme et la xénophobie, (in French only), Report on the fight against racism, anti-Semitism and xenophobia, 2023, https://www.cncdh.fr/actualite/cncdh-publie-le-rapport-2023-lutte-contre-racisme-antisemitisme-xenophobie Tommaso Vitale, Chapter 4.2.4. Understanding the racism through the lens of antigypsyism. Abstracts available in English and German https://hal.science/hal-04627801v1/document.

[33] Such as the article of Ilsen About, “Un racisme sans nom. Les origines historiques de la haine antitsigane” (Racism without a name. The historical origins of antigypsy hatred), in Communications, 2020/2 (No. 107), pp. 89-101, (in French only) https://www.cairn.info/revue-communications-2020-2-page-89.htm; article by Adèle Sutre in the joint work, Histoire des préjugés (History of prejudices), edited by Jeanne Guérout and Xavier Mauduit, Les Arènes, 2023, which was recently presented on France Culture national public radio, (only in French) https://www.radiofrance.fr/franceculture/podcasts/histoire-des-prejuges/les-tsiganes-sont-des-voleurs-de-poules-et-d-enfants-5840389.

[34] https://www.dilcrah.gouv.fr/ressources?field_thematiques_target_id%5B178%5D=178.

[35] Defender of Rights, Travellers: breaking down barriers to rights, October 2021.

[36] Defender of Rights, For effective protection of the rights of Roma, October 2021.

[37] Independent Commission on Antigypsyism, Comprehensive report on antigypsyism in Germany, 2021, (in German only) https://www.institut-fuer-menschenrechte.de/fileadmin/Redaktion/PDF/UKA/Bericht_UKA_Perspektivwechsel_Nachholende_Gerechtigkeit_Partizipation.pdf).

[38] Central Council of German Sinti and Roma, Documentation and Cultural Centre of German Sinti and Roma, and Sozialfabrik [Zentralrat Deutscher Sinti und Roma; Dokumentations und Kulturzentrum Deutscher Sinti und Roma, und Sozialfabrik], Civil society monitoring report on implementation of the national Roma integration strategy in Germany: Identifying blind spots in Roma inclusion policy, European Commission, 2020, (in German only) https://zentralrat.sintiundroma.de/arbeitsbereiche/internationale-arbeit/monitoring-eu-rahmenstrategie/.

[39] Antigypsyism Reporting and Information Center, Annual Report on antigypsyist incidents in Germany for the year 2022, 2023, cited above.

[40] Central Council of German Sinti and Roma, Documentation and Cultural Centre of German Sinti and Roma, and Sozialfabrik, cited above.

[41] Lithuanian Human Rights Centre, Lithuania’s non-discrimination policy: The case of the Lithuanian Jewish and Roma communities, Vilnius 2023, https://manoteises.lt/wp-content/uploads/2023/11/Tyrimo-santrauka-EN.pdf.

[42] National Institute of Social Integration, programme Media4change, Monitoring of media: Roma community, 2023, https://www.media4change.co/lt/reports/ziniasklaidos-monitoringas-romai-2023/.

[43] EU Fundamental Rights Agency, Roma survey 2021, https://fra.europa.eu/en/publications-and-resources/data-and-maps/2023/roma-survey-2021.

[44] Eurobarometer, Discrimination in the EU – Romania factsheet, 2023, https://europa.eu/eurobarometer/api/deliverable/download/file?deliverableId=90277.

[45]National Council for Combating Discrimination and Institute for Public Policies, Survey at national level on the level of discrimination in Romania and current perception on hate motivated crimes, 2018, (in Romanian only), https://www.cncd.ro/wp-content/uploads/2021/01/Sondaj_de_opinie_NoIntoHate_2018.pdf

[46] Federal Department of Interior, Racisme envers les Yéniches, les Manouches/Sintés et les Roms, Racism towards the Yeniches, Manouches/Sinti or Roma, (in French only)

https://www.edi.admin.ch/edi/fr/home/fachstellen/frb/themen/spezifische-Rassismen/jenische-sinti-roma.html.

[47] Service on the fight against racism, Structural racism in Switzerland: an overview of research and results, December 2022, (in French only), https://www.frb.admin.ch/fr/le-racisme-en-chiffres.

[48] Advisory Committee on the Framework Convention for the Protection of National Minorities, Fifth Opinion on Italy, 5 October 2022, https://rm.coe.int/5th-op-italy-fr/1680aa21ab2.

[49]Committee of Ministers, 5th Resolution CM/ResCMN(2021)6 on the implementation of the FCNM by Spain, 3 February 2021, https://search.coe.int/cm/pages/result_details.aspx?ObjectId=0900001680a0f454.

[50] Sixth Report submitted by Spain, Pursuant to Article 25, paragraph 2 of the Framework Convention for the Protection of National Minorities – received on 12 January 2024, https://rm.coe.int/6th-sr-spain-en/1680ae2db5.

[51] Advisory Committee on the Framework Convention for the Protection of National Minorities, Fifth Opinion on the Republic of Moldova, 7 June 2023, https://rm.coe.int/5th-op-moldova-fr/1680acf619.

[52] Advisory Committee on the Framework Convention for the Protection of National Minorities, Fifth Opinion on Romania, 3 April 2023, https://rm.coe.int/5th-op-romania-fr/1680ac3918.

[53] See Recommendation CM/Rec(2024)4 of the Committee of Ministers to member States on combating hate crime andExplanatory Memorandum,

https://search.coe.int/cm#{%22CoEIdentifier%22:[%220900001680af2806%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}.

[54]Cited above.

[55] See Recommendation CM/Rec(2024)4 of the Committee of Ministers to member States on combating hate crime andExplanatory Memorandum.

[56] Adoption by Croatia on 20 January 2023; inclusion of the IHRA definition of antigypsyism in the French 2023-2026 National Action Plan against racism, antisemitism and origin-based discrimination; adoption by Germany on 31 March 2021; adoption by Romania on
8 October 2020.

[57] Within the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

[58] Part of the Directorate General of the National Gendarmerie and located at the Central Office for Combating Crimes against Humanity, Genocide, and War Crimes (OCLCH).

[59] Approved by the Federal Cabinet on 9 March 2022.

[60] Melde- und Informationsstelle Antiziganismus, MIA, funded by the Federal Ministry for Family Affairs, Senior, Citizens and Youth.

[61] Motion SPK-N 23.4335.

[62] In the context of the execution of the European Court of Human Rights’ judgments in Šečić v. Croatia group (Application No. 40116/02), decision at the 1377th meeting, 4 June 2020 (DH), https://hudoc.exec.coe.int/#{%22execidentifier%22:[%22004-12087%22]}

[63] https://ljudskaprava.gov.hr/suzbijanje-zlocina-iz-mrznje/602

[64] See, among others, EU/CoE Joint Programmes Equality and Freedom from Discrimination for Roma (EQUIROM), Roma Integration – Phase III, ROMACTED, ROMACT, INSCHOOL, ROMED, JUSTROM.

[65] Council of Europe, Toolkit for Police Officers: Council of Europe standards on racially motivated crimes and non-discrimination, 2022, https://rm.coe.int/toolkit-for-police-officer-council-of-europe-standards-on-racially-mot/1680a619c9.

[66] For more information, see the OSCE/ODIHR and Council of Europe leaflet “Addressing racially motivated crimes against Roma, Sinti and Travellers”, https://rm.coe.int/addressing-racially-motivated-crimes-against-roma-sinti-and-travellers/1680ac0f3b.

[67] By the Office for Human Rights and the Rights of National Minorities of the Government of the Republic of Croatia (GOHRRNM).

[68] For details, see https://manoteises.lt/pranesk/en/.

[69] For details, see https://www.facebook.com/policijosvirtualuspatrulis.

[70] For details, see http://www.racisme-en-chiffres.ch/.

[71] European Committee on Social Rights, Decision on the merits, ERRC v Czech Republic Complaint No. 190/2020, decision
18 October 2023.

[72] For details, see https://www.internet-signalement.gouv.fr/PharosS1/.

[73] For details, see https://www.arcom.fr/nous-connaitre-nos-missions/superviser-les-plateformes-en-ligne-et-les-reseaux-sociaux/observatoire-de-la-haine-en-ligne-analyser-pour-mieux-lutter.

[74] Ongoing research projects: University of the Bundeswehr Munich in co-operation with the State Council of Roma NRW, “Discrimination and resilience. Memory and continuities among Roma (DiREKt-Roma)” and University of Vechta in co-operation with the Student Association of Sinti and Roma in Germany, “Sinti*zze and Rom*nja in the German higher education landscape - inventory of the fight against antiziganism at colleges and universities”.

[75] Funded by the German Federal Ministry for Family Affairs, Senior Citizens and Youth.

[76] Police Reporting Service for politically motivated crime (KPMD-PMK).