RECOMMENDATIONS ADOPTED BY THE

COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE

ON ROMA AND TRAVELLERS

Theme                                    Reference                                Page

General Policies                     Recommendation Rec(2008)5                3

Health                                    Recommendation Rec(2006)10               16

Housing                                 Recommendation Rec(2005)4                     22

Movement & Encampment  Recommendation Rec(2004)14               34

Employment                          Recommendation Rec(2001)17               40

Education                              Recommendation No R (2000)4              46

Education  (new)                   Recommendation CM/Rec(2009)4          50

Mediation                                      Recommendation CM/Rec(2012)9             57



COUNCIL OF EUROPE


COMMITTEE OF MINISTERS

Recommendation Rec(2008)5 on policies
for Roma and/or Travellers in Europe

(Adopted by the Committee of Ministers on 20 February 2008

at the 1018th  meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 15.bof the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members, and that this aim may be pursued, in particular, through common action in the field of human rights and social cohesion, which form core values and objectives of the Council of Europe;

Recognising that Roma and Travellers have faced, for more than five centuries, widespread and enduring discrimination, rejection and marginalisation all over Europe and in all areas of life; and were targeted victims of the Holocaust; and that forced displacement, discrimination and exclusion from participation in social life have resulted in poverty and disadvantage for many Roma and Traveller communities and individuals across Europe;

Recognising the existence of anti-Gypsyism as a specific form of racism and intolerance, leading to hostile acts ranging from exclusion to violence against Roma and/or Traveller communities;

Recognising the role of the media and education in the persistence of anti-Roma prejudices and their potential to help overcome them;

Aware that discrimination and social exclusion can be overcome most effectively by comprehensive, coherent and proactive policies targeting both the Roma and the majority, which ensure integration and participation of Roma and Travellers in the societies in which they live and respect for their identity;

Considering that all human rights are indivisible, interdependent and interrelated and that economic and social rights are human rights, and should be supported by concrete community and governmental efforts to ensure they are equally accessible to the most deprived and disadvantaged groups and communities;

Bearing in mind the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child, the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5) and Protocol No. 12 (ETS No. 177) and Protocol No. 14 (ETS No. 194, from the date of its entry into force) thereto; the European Charter for Regional or Minority Languages (ETS No. 148), the Framework Convention for the Protection of National Minorities (ETS No. 157), the revised European Social Charter (ETS No. 163), and the European Convention on Nationality (ETS No. 166);

Taking into account Recommendation No. R (2000)4 of the Committee of Ministers on the education of Roma/Gypsy children in Europe, Recommendation Rec(2001)17 on improving the economic and employment situation of Roma/Gypsies and Travellers in Europe, Recommendation Rec(2004)14 on the movement and encampment of Travellers in Europe, Recommendation Rec(2005)4 on improving the housing conditions of Roma and Travellers in Europe, Recommendation Rec(2006)10 on better access to health care for Roma and Travellers in Europe;

Recalling Recommendations 563 (1969), 1203 (1993) and 1557 (2002) of the Parliamentary Assembly of the Council of Europe, and Resolutions 125 (1981), 249 (1993), 16 (1995) and 44 (1997) and Recommendation 11 (1995) of the Congress of Local and Regional Authorities of the Council of Europe on the situation of Roma/Gypsies in Europe;

Bearing in mind General Policy Recommendation No. 3 on combating racism and intolerance against Roma/Gypsies, General Policy Recommendation No. 7 on national legislation to combat racism and racial discrimination and General Policy Recommendation No. 10 on combating racism and racial discrimination in and through school education of the European Commission against Racism and Intolerance (ECRI);

Aware of European Union Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and the Treaty on European Union and the Charter of Fundamental Rights of the European Union;

Having in mind the proposed Framework Decision on Combating Racism and Xenophobia of the Council of the European Union;

Having in mind the Guiding Principles for improving the situation of the Roma adopted by the European Union (COCEN Group) at the Tampere Summit in December 1999 and the European Parliament Resolutions on the situation of Roma in the European Union, adopted on 28 April 2005, and on the situation of Roma women in the European Union , adopted on 1 June 2006;

Aware of the research, data collection and opinions of the European Union Fundamental Rights Agency (FRA), and of the FRA Roma and Travellers specific reports;

Aware of the 2003 Action Plan of the Organization for Security and Co-operation in Europe (OSCE) for the Improvement of the Situation of the Roma and Sinti within the OSCE area;

Taking into account the objectives of the multilateral initiative “the Decade of Roma Inclusion 2005-2015” launched by nine governments of Central and South-eastern Europe and supported by the World Bank, the Open Society Institute, the Council of Europe, the Council of Europe Development Bank, the United Nations Development Programme, the OSCE and the European Commission;

Recalling that both the Council of Europe Framework Convention for the Protection of National Minorities and the European Union Council Directive 2000/43/EC of 29 June 2000 allow states to take positive action to prevent or compensate for disadvantages linked to ethnic origin or membership of a national minority, with a view to promoting full and effective equality;

Bearing in mind that the constitutional structures, legal, social and cultural traditions and the domestic allocation of responsibilities differ in Council of Europe member states, which may lead to various ways of implementing the present recommendation,

Recommends that governments of member states:

–       adopt, in accordance with the principles and provisions set out in the appendix to this recommendation, a coherent, comprehensive and adequately resourced national and regional strategy with short- and long-term action plans, targets and indicators for implementing policies that address legal and/or social discrimination against Roma and/or Travellers and enforce the principle of equality;

–       monitor and publish regular evaluation reports on the state of the implementation and impact of strategies and policies to improve the situation of Roma and/or Travellers;

–       bring this recommendation to the attention of and ensure the support of the relevant national and local or regional, self-governing public bodies, Roma and/or Traveller communities and the broader population in their respective countries through the appropriate channels, including the media.


Appendix to Recommendation Rec(2008)5 on policies for Roma and/or Travellers in Europe

I.         Definitions[1]

The term ‘Roma and/or Travellers’ used in the present text refers to Roma, Sinti, Kale, Travellers, and related groups in Europe, and aims to cover the wide diversity of groups concerned, including groups which identify themselves as Gypsies.

A ‘policy’ is an overall plan embracing general goals and procedures and intended to guide and determine present and future decisions, including legislation and programming.

A ‘strategy’ is a detailed plan based on long-term objectives for achieving positive results in situations, such as Roma employment, or a skill in planning for such situations.

A ‘programme’ is a series of projects with a common overall objective.

A ‘project’ is a series of activities with set objectives, designed to produce a specific outcome within a limited time frame.

The ‘project purpose’ is the central objective of the project. The purpose should address the core problem, and be defined in terms of sustainable benefits for the target group(s). There should only be one project purpose per project.

An ‘objective’ is the description of the aim of a project or programme. In its generic sense it refers to activities, results, project purpose and overall objectives.

An ‘output’ is the clearly identified products emerging from activities.

‘Results’ are the products of the activities undertaken, the combination of which achieve the project purpose, namely the beginning of enjoyment of sustainable benefits for the target groups.

‘Impact/outcomes’ are the effect of the project on its wider environment, and its contribution to the broader sectoral objectives summarised in the project’s overall objectives, and on the achievement of the overarching policy objectives.

An ‘indicator’ is an observable change or event which provides evidence of change, whether this be short-term or long-term change. They can be revealing of effort and effect at all levels from outputs to objectives.

‘Milestones/benchmarks’ are a type of objectively verifiable indicator providing indications for short- and medium-term objectives (usually activities) which facilitate measurement of achievements throughout a project rather than just at the end. They also indicate times when decisions should be made or action should be finished.

‘Participation’ is the active involvement of a person or a group of people within an activity and goes beyond consultation to being a form of active, continuing and effective engagement.

‘Monitoring’ is the systematic and continuous assessment of the progress of a piece of work over time, enabling actors to verify that things are going to plan and make adjustments in a methodical way.

‘Evaluation’ is the periodic assessment of the relevance, performance, efficiency and rate of achievement of the general objective.

‘Dissemination’ is the wide diffusion of points of knowledge, products developed and project results (for example, methods, products, educational programmes, instruments/tools, models, insights and policy ideas) among relevant target groups playing a part in the mainstreaming process.

‘Mainstreaming’ is a continuous and process-oriented strategy to integrate working methods targeting particular groups or specific aspects of a situation, in regular organisational policies, aiming, in the end, at influencing policy and implementation, and generating fundamental changes. Examples: horizontally (within branches or sectors of similar organisations), vertically (within local, regional or national policy) or transnationally (within partner organisations or through bodies such as the European Commission or the Council of Europe).

‘Positive action’: “With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to racial or ethnic origin.” (EC Directive 2000/43/EC). “The law should provide that the prohibition of racial discrimination does not prevent the maintenance or adoption of temporary special measures designed either to prevent or compensate for disadvantages suffered by [Roma and/or Travellers] or to facilitate their full participation in all fields of life. These measures should not be continued once the intended objectives have been achieved.” (ECRI General Policy Recommendation No. 7 on national legislation to combat racism and racial discrimination, paragraph 5).

Under Article 1.1 of the International Convention on the Elimination of All Forms of Racial Discrimination ‘racial discrimination’, as defined in international law, is “any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”.

Article 2.2 of the Race Equality Directive of the Council of the European Union (2000/43/EC) refers to racial discrimination as, “Discrimination on the ground of race or ethnic origin”. Discrimination can take a variety of forms and may include direct and indirect forms of discrimination.

– “Direct discrimination occurs when one person is treated less favourably than another is treated in a comparable situation on grounds of racial or ethnic origin”. An example of direct discrimination is a job advert, which says “no Roma people need apply”.

– “Indirect discrimination occurs where an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary”. An example of indirect discrimination is requiring all people who apply for a certain job to sit a test in a particular language, even though that language is not necessary for the job.


II. Aim

A national and/or regional strategy should aim at ensuring equality and integration of Roma and/or Travellers in social, economic and political life, promoting community empowerment and capacity building, increasing awareness and understanding of Roma and/or Traveller culture and lifestyle among the rest of society, and ensuring respect for Roma and/or Traveller identity and effective protection from direct and indirect discrimination and segregation and from racism.

III. General principles

In drawing up strategies concerning Roma and/or Travellers, the following principles should be followed:

i.          allow a rights-based, comprehensive, dynamic and integrated approach;

ii.         recognise the diversity of Roma and/or Traveller communities and their different needs warranting diverse and flexible responses;

iii.        support Roma and/or Travellers’ participation as an essential component of all stages of design, implementation, monitoring and evaluation of strategies concerning them, and promote community capacity building;

iv.        ensure gender and age balance of Roma and/or Traveller representation;

v.         ensure effective monitoring of the implementation of the strategy with clear benchmarks and criteria for success;

vi.        integrate ongoing evaluation of strategies and make it a subject for ongoing review and improvement;

vii.       ensure that targeting and mainstreaming approaches are used.

IV. Legislative framework

i.          All countries should adopt specific and comprehensive anti-discrimination legislation in line with international and European standards; set up anti-discrimination bodies equipped to promote equal treatment and to assist victims of discrimination; and ensure that this legislation is effectively implemented. The effectiveness of civil and administrative anti-discrimination laws could be improved by placing the burden of proof on the person against whom discrimination is alleged, including direct and indirect discrimination and harassment within the scope of the law, by supporting positive action and providing effective and proportionate sanctions and remedies.

ii.         Legislation should impose a legal duty on public authorities to promote equality and non-discrimination and provide adequate resources for this to be made available.

iii.        As anti-Gypsyism and violence against Roma and/or Travellers is widespread in Europe, member states that have not yet done so should make racial motivation an aggravating circumstance in prosecuting criminal offences, and ensure that such offences include racially motivated crimes against Roma and/or Travellers.

iv.        These legislative provisions should be effectively implemented to ensure there is no impunity for racially motivated crimes. Victims of such crimes should be actively encouraged to report them to the police or other relevant authorities.

V. Developing the strategy

1. Establishing needs

i.          The strategy’s objectives should be based on a thorough evidence-based needs assessment carried out by the authorities but which takes into account the views of a wide spectrum of Roma and/or Traveller NGOs, including women’s and youth organisations, as well as NGOs and other relevant bodies working on Roma and/or Traveller issues.

ii.         The needs assessment, provided this is admissible in national law, and in accordance with existing international standards on data protection, including the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (ETS No. 108), should be carried out through, for example, household surveys gathering quantitative and qualitative data on the situation of Roma and/or Travellers, disaggregated by gender, age, and other relevant indicators.

            Such data will be helpful in establishing the initial position against which progress may be measured, as well as in monitoring progress and evaluating outcomes of the strategy. If such survey data is used, a clear definition of the indicators used for monitoring shall be provided with the strategy.

           

            The absence of data must not be used either to halt or unduly delay the preparation of any programme or strategy. This may be remedied by launching independent surveys and public consultation with relevant stakeholders.

iii.        In case Roma and/or Travellers do not possess any identification papers, authorities should carry out country-wide registration programmes within a definite time frame, free of charge and with simplified procedures, making a special effort to reach categories of population that are more vulnerable due to displacement, limited access to information, literacy problems, etc. (for example, women, the elderly, persons whose mother tongue is different from the official language).

iv.        In a population-wide data collection, the public authorities should respect the principles of confidentiality, informed consent and voluntary self-identification.

2. Developing a coherent and co-ordinated strategy

i.          The strategy for Roma and/or Travellers should, where necessary, include a review of legislation and administrative practices, to ensure coherent and co-ordinated implementation and removal of obstacles, including gender discrimination and nomadic or semi-nomadic lifestyle, to their effective implementation. Reviewing by means of research and surveys should be undertaken by relevant stakeholders and complemented by awareness-raising campaigns.

ii.         The strategy should incorporate best practices already identified, knowledge gained through research, lessons learnt from substantial monitoring and evaluations of national programmes/policies for Roma and/or Travellers throughout Europe and recommendations made by the relevant international, national and local organisations.

3. Participating in policy/strategy development

i.          The process or body which devises the strategy should be representative as far as possible of all relevant structures, and should work in partnership with the diverse Roma and/or Traveller communities affected by the strategy, as well as with the communities living close to Roma and/or Travellers.

The structure and composition of the body or bodies should facilitate the development of cross-sectoral policies. National and international governmental and non-governmental organisations may be consulted where appropriate and relevant.

            Representation of Roma and/or Travellers should ensure gender balance and youth participation.

ii.         States should involve regional and local authorities from the earliest stages of developing the strategy, and ensure their commitment to its effective implementation. Regional and local authorities should develop action plans to implement national strategies at local and regional level.

4. Risk management

In developing the strategy, particular attention should be given to the timely identification and management of all possible risks that could threaten its proper implementation.

5. Continuous monitoring and evaluation

Continuous, independent, participative, co-ordinated and transparent monitoring and evaluation should be built into the strategy.

6. Funding

i.          Sufficient financial resources should be allocated, wherever possible on a long-term basis, from the state budget to ensure effective implementation, monitoring and evaluation of the strategy. Hence, a strategy should be adopted only after the consent of the authorities responsible for budget policy and should contain a cost-estimate of the measures proposed.

ii.         Governments should provide budgetary support for Roma and/or Travellers’ participation in developing, implementing, monitoring and evaluating the strategy.

           

iii.        Local and/or regional authorities should include specific actions aimed at improving the living conditions of Roma and/or Travellers in local and/or regional budget planning, in order to guarantee sufficient funding for the implementation.

VI. Adopting the strategy

1. Legislative framework

Where legislative and constitutional practice allows, the strategy, and/or the specific measures for its implementation, should be adopted by a legislative act or otherwise supported by legislation to guarantee its sustainability and permanence.

2. Publicising the strategy and awareness raising

i.          The text of the strategy and of any implementing decrees should be made available in accessible format to all. It should be translated, where requested, into the Romani language or into the languages commonly used by local Roma and/or Traveller communities and should be publicised through relevant media in line with national law or practice (for example, Official Gazette, radio, television, print media, Internet).

ii.         Awareness raising about policy/strategy on Roma and/or Travellers should accompany all stages of the development of the strategy, from development to evaluation. Raising awareness on the content and progress made should target authorities at all levels, intended beneficiaries, as well as the general public. Authorities at all levels should be provided with information, guidelines and training on their duty to refrain from discrimination and to implement the strategy.

iii.        Such campaigns should provide information on the situation of the Roma and/or Travellers, on anti-discrimination provisions, on individual rights and on redress in cases of discrimination. Information about anti-discrimination bodies should be in a language which is easily understandable by its main beneficiaries.

iv.        Awareness-raising campaigns aimed at promoting respect and appreciation of Romani/Traveller history and culture, should accompany the release of the strategy. The support and participation of other communities, particularly the populations living close and interacting with Roma and/or Travellers, should be encouraged. Intercultural dialogue and understanding about Romani culture, cultural features of nomadic and semi-nomadic lifestyle and majority expectations should be promoted.

VII. Implementing the strategy

1. Implementation mechanism

i.          An adequately staffed and funded implementation mechanism should be put in place at national, regional and local levels.

ii.         Interministerial co-operation and co-ordination among different agencies involved in the strategy’s implementation should be ensured to avoid duplication of efforts and achieve effective implementation.

iii.        The relevant legislative or administrative texts should contain:

–          clear information on the terms of reference concerning composition, co-ordination, areas of competence, statutory powers, accountability and funding of the responsible implementation mechanism;

–          the relevant implementation deadlines and targets, budget allocations, and the obligation to provide information and co-operate with the units responsible for monitoring the strategy.

2. Positive action

i.          Where they have not yet done so, the states concerned should consider amending their national legislation in an appropriate manner in order to enable positive action aimed at overcoming particular disadvantages experienced by Roma and/or Travellers and at giving equal opportunities for Roma and/or Travellers in society.

ii.         Positive measures should be considered, for example, to enable Roma and/or Travellers to have an equal chance to access all levels of education and/or the labour market, and to be hired as advisers in different fields (education, health, housing, employment, etc.). Positive measures should also be taken to encourage Roma and/or Travellers to take up careers, inter alia, in education, media, state administration and the police. An equal participation of Roma and/or Travellers in electoral processes at the national, regional and local levels should be encouraged.

3. Mediators or assistants

i.          Mediators or assistants, whenever possible Roma and/or Travellers, should be used and appointed by state, local or regional authorities, with previous consultation of the respective Roma and/or Traveller communities, to serve as contact persons, provide information to these communities and facilitate administrative and other procedures in the various areas of strategy/policy implementation. They should be institutionalised and receive special and quality training funded, wherever possible, by state, local or regional authorities.

ii.         Mediators or assistants should, however, play only a supplementary and interim role, and not serve as a substitute to longer-term comprehensive measures for community empowerment and education.

4. Guidance and training

i.          Any new legislation on combating discrimination should be accompanied by guidance for the law enforcement authorities to assist them in effective implementation of the law. Law-enforcement personnel should be provided with training on their duty to refrain from racially-motivated acts themselves and actively prevent and expeditiously prosecute such acts in order to ensure the long-term safety and security of Roma and/or Traveller communities. They should have regular contact with Roma and/or Traveller communities and their leaders to foster co-operation and understanding.

            Public officials (such as teachers, police officers, health-care practitioners, social welfare workers) should be made aware of direct and indirect racism and anti-gypsyism in the course of their general training.

ii.         Member states should ensure that municipal and other local authorities undergo a process of institutional development to ensure they relate to Roma and/or Traveller communities on a fair and equal basis. Staff training, clear leadership, effective management and supervision, practical guidance, monitoring of performance, and effective complaints procedures are useful tools for securing institutional change.

5. Role of civil society

i.          Roma and/or Traveller civil society, in particular NGOs, should be encouraged to take part in the development, implementation, monitoring and evaluation of policies aimed at improving their living conditions, both at the national and local levels, so that the process may benefit from their valuable experience and expertise.

ii.         The authorities should ensure gender balance throughout the consultation process.

iii.        In order to ensure effective partnership with NGOs, member states should encourage:

– multiple partnerships with Roma and/or Traveller organisations;

– the establishment of networks of Roma and/or Traveller organisations;

– the development of common projects and regular contacts among Roma and/or Travellers and non-Roma/Traveller organisations;

– the dissemination of information among Roma and/or Traveller communities;

– the enhancement of the capacity of Roma and/or Travellers, to enable them to participate in development projects at local, national and international levels targeting vulnerable groups.

iv.        Central and local or regional agencies should be given appropriate resources to develop initiatives in areas with Roma and/or Traveller communities.

v.         Member states are responsible for the strategy and should refrain from shifting the burden of responsibility for implementation onto NGOs.

vi.        The authorities should hold NGOs accountable for the proper use of public funds allocated to them.

6. Mainstreaming

i.          The needs of Roma and/or Traveller communities should be incorporated in broader national strategies. Access to and participation in society at large are essential goals, but targeted measures for Roma and/or Travellers should also be pursued where necessary. Mainstreaming should ensure linkage with the rest of activities in the same area, facilitate acceptance of the issue at all levels, and permit access to all necessary administrative mechanisms to ensure Roma and/or Travellers have a say in decisions affecting them. Targeted policies should ensure that specific concerns are not diluted and that the Roma and/or Traveller populations do not become invisible in generic policies.

            Mainstreaming should include the gender perspective, which takes into account the specific needs of men and women.

ii.         Implementation should go beyond project-based improvements to systemic changes.

VIII.    Monitoring and evaluating the implementation of the strategy

1. Monitoring guidelines[2]

           

i.          Appropriate governmental structures or processes should be set up in order to monitor the implementation in various sectors and locally and/or regionally. Monitoring systems should:

– be independent, transparent, well co-ordinated and sufficiently funded;

– involve senior officials, and diverse Roma and/or Traveller representatives selected by the community itself and by Roma NGOs. Gender balance should be respected;

– work on a basis of pre-set indicators and benchmarks, to enable effective assessment of actions taken over a period of time.

ii.         Legislative or administrative texts setting up the monitoring structures or processes should contain clear provisions on:

– the mandate, competence, composition, frequency of monitoring, and funding;

– a set of indicators and benchmarks for each area covered in the strategy. These indicators have to be clearly linked to the overall objective of the strategy;

– the categories of measures to be taken, for achieving the strategy objectives, and by which existing public authorities, following consultation with the associations of the persons concerned;

– the measures/projects that can be entrusted to the associations of the persons concerned for implementation and subsequent narrative and financial reports, and on the general conditions to be met in this context;

– the co-ordination and harmonisation procedures to be followed;

– the responsibility of public authorities for delivering monitoring reports;

– independence safeguards, notably freedom to appoint staff and express views publicly, protection against arbitrary dismissal or non-renewal of the mandate.

2. Publication of monitoring reports

i.          Monitoring reports should be periodic, public, translated into languages used by the communities concerned (for example, Romani), and made widely available through accessible formats (such as audiotape or CD Rom) and Internet to provide an opportunity for good, reliable, public information on Roma and/or Traveller issues.

            Public meetings involving policy makers and experts and representatives of the communities concerned should be considered.

ii.         The monitoring of implementation should include a consultation process with Roma and/or Travellers’ communities.

iii.        The views of Roma and/or Traveller organisations, including dissenting views, should be reflected in monitoring reports.

iv.        Independent monitoring by civil society organisations should be encouraged and their recommendations taken on board as appropriate.

3. Evaluation

i.          Evaluations should take place within a multi-annual programme or strategy, at a set frequency (for example, twice every five years), and after the completion of programmes and strategies to identify long-term impacts and outcomes for the range of intended beneficiaries.

ii.         Evaluations should:

– be conducted by independent bodies with competence in development issues, monitoring and evaluation and having a wide representation of interested parties;

– be evidence-based and draw on the results of monitoring and involve not only donors and the implementing bodies but also the perspective of other actors, in particular the relevance to the intended beneficiaries and the real impact on their lives;

– review the performance, cost effectiveness and efficiency of the implementing bodies to ensure accountability and be transparent in their findings to promote confidence;

– become tools for learning and for use in strengthening future programmes and strategies for Roma and/or Travellers in similar areas at national, regional and/or local level;

iii.        Funds for measures designed to achieve the strategy objectives shall be authorised, according to the relevant procedures obtaining in each state, for a given period of policy duration and reviewed every year.

iv.        If a report submitted by a governmental auditing agency contains sufficient information on aspects warranting continuation of any given measures, this report can replace the report on the evaluation results by including a reference to the latter report.


COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Recommendation Rec(2006)10

of the Committee of Ministers to member states

on better access to health care for Roma and Travellers in Europe

(Adopted by the Committee of Ministers on 12 July 2006
at the 971st meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members and that this aim may be pursued, in particular, through common action and adoption of common rules in the health field;

Noting that many Roma and Travellers are living in marginal situations in member states and experience widespread discrimination in all areas of life;

Aware that as a result of poor living conditions, inter alia, many Roma and Traveller communities have a poorer health status than that experienced by the general population;

Bearing in mind Article 25.1 of the Universal Declaration of Human Rights, Articles 2 and 24 of the United Nations Convention on the Rights of the Child, the Convention on Human Rights and Fundamental Freedoms (ETS No. 5), and its Protocol No. 12 (ETS No. 177), the Framework Convention for the Protection of National Minorities (ETS No. 157), Article 11 of the European Social Charter (ETS No. 35) on the right to health protection and Article 3 of the Convention on Human Rights and Biomedicine (ETS No. 164) on the equitable access to health care;

Bearing in mind Council of Europe Recommendations No. R (2000) 4 on the education of Roma/Gypsy children in Europe, No. R (2000) 5 on the development of structures for citizen and patient participation in the decision-making process affecting health care, Rec(2001)12 on the adaptation of health services to the demand for health care and health care services of people in marginal situations, Rec(2001)17 on improving the economic and employment situation of Roma/Gypsies and Travellers in Europe, Rec(2004)14 on the movement and encampment of Travellers in Europe and Rec(2005)4 on improving the housing conditions of Roma and Travellers in Europe;

Recalling Recommendations 563 (1969), 1203 (1993) and 1557 (2002) of the Parliamentary Assembly of the Council of Europe, in which mention is made of the living conditions of Roma in Europe, and Resolutions 125 (1981), 16 (1995), 249 (1993) and 44 (1997) and Recommendation 11 (1995) of the Congress of Local and Regional Authorities of the Council of Europe on the situation of Roma/Gypsies in Europe;

Bearing in mind General Policy Recommendation No. 3 of the European Commission against Racism and Intolerance on combating racism and discrimination against Roma/Gypsies; and European Union Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and the Article 152 of the Treaty on European Union and Article 35 of the European Union Charter of Fundamental Rights;

Having in mind the Guiding Principles for improving the situation of the Roma adopted by the European Union (COCEN Group) at the Tampere Summit in December 1999;

Noting the relevance of the World Health Organisation’s Health 21 programme for the European region and of its policy documents on patients’ rights and citizens’ participation;

Referring to the Copenhagen Declaration on Reducing the Social Inequalities in Health of September 2000;

Aware of the OSCE Action Plan for the Improvement of the Situation of the Roma and Sinti;

Confirming its commitment towards achieving the Millennium Development Goals and the targets of the Decade of Roma Inclusion;

Bearing in mind that the constitutional structures, legal traditions, and the domestic repartition of responsibilities differ in Council of Europe member states, which may lead to various ways of implementing the present recommendation;

Recommends the governments of member states to follow the principles and implement the provisions set out in the appendix hereafter.


Appendix to Recommendation Rec(2006)10 on better access to health care for Roma and Travellers in Europe

I. Definition

The term “Roma and Travellers” used in the present text refers to Roma, Sinti, Kalé, Travellers, and related groups in Europe, and aims to cover the wide diversity of groups concerned. In the context of the United Kingdom “Roma and Travellers” also refers to self-proclaimed “Gypsies”.

II. General principles

Member states should ensure the development of coherent, integrated and appropriate policies and strategies in the light of the following principles:

i.          protection of human rights, human dignity and autonomy;

ii.         respect of patients’ rights, including protection of confidentiality and privacy;

iii.        respect in the patient/health staff relationship;

iv.        respect of the principle of informed consent;

v.         freedom of choice of the doctor/provider, whenever the health system allows for that;

vi.        participation of the patient in his/her treatment: freedom to choose the treatment which the patient feels most adapted to his/her needs, including the freedom to refuse the treatment offered except in cases of emergency or for persons requiring a special protection;

vii.       equal access to appropriate, quality treatment and care for all groups and categories of the population;

viii.      respect of cultural traditions in the delivery of health care services in so far as they do not endanger the health of the person;

ix.        participation of the community in the elaboration of health care policies and strategies.

III. Legal framework for preventing and combating discrimination in health care

To ensure equal access to health care and treatment for Roma and Travellers on a non-discriminatory and culturally sensitive basis, in so far as the health of the person is not thereby endangered, governments of member states should:

i.          adopt comprehensive anti-discrimination legislation that includes the express prohibition of direct and indirect discrimination in access to health care and related public services;

ii.         allocate adequate authority and resources to guarantee the proper implementation and enforcement of this legislation through appropriate mechanisms, particularly at the local level;

iii.        ensure:

- that national bodies concerned with combating discrimination give consistent attention to the field of health care for Roma and Travellers in their monitoring and recommendations;

- that effective remedies for victims of discrimination are made available through implementation and publication of complaint mechanisms and provision of legal assistance to those in economic need.

IV. Framework for health policies

1. Effective access

Governments of member states should ensure:

i.          physical access to health care including emergency care, through the provision of adequate roads, communication, ambulances and services for Roma and Traveller communities of the same standard as for the general population;

ii.         access to health care for mobile populations, with consideration for portability of client-held records under the same conditions as for the general population;

iii.        geographically accessible and affordable health care;

iv.        access to health services for Roma and Travellers lacking documentation to access mainstream services;

v.         access to health care for Roma and Travellers who are refugees or asylum seekers in accordance with binding international conventions.

2. Planning

Roma and Travellers shall receive in every country the same medical care as the general population, or, if they are not nationals of the member state concerned, as any other persons with the same type of residence status.

Governments of member states should:

i.          make the improvement of conditions of Roma and Travellers’ health a priority area for action and develop the necessary comprehensive health policies and strategies;

ii.         provide mechanisms to ensure the consideration of a broad range of Roma and Traveller health interests and needs in the policy-making process, for example children/adolescents/women/elderly, sedentary/nomadic;

iii.        stress the importance of an inter-sectoral approach, taking into consideration the rights to acquire citizenship, identification documentation, social benefits, social insurance, education, employment, decent living conditions, housing, and other factors affecting health status and access to care;

iv.        mainstream the policies responding to the health needs of Roma and Travellers into national health strategies and services;

v.         consider introducing the collection of census data on a strictly voluntary basis so that individuals from Roma and Traveller communities may be included in the planning of health services to these communities. National and local health bodies should be encouraged to do research and build up a knowledge base of information on the health needs of Roma and Traveller communities and the effectiveness of services to them and how to best meet those needs;

vi.        promote the involvement and participation of all parties concerned (policy makers, local health authorities, health professionals, researchers, representatives of Roma and Travellers and non-governmental organisations) in the planning, implementation and monitoring of health policies;

vii.       take appropriate measures to make the wider population aware of the need of effective special measures intended to reach equal access to health care for Roma and Travellers;

viii.      provide for adequate authority and resources for the co-ordination and supervision of all the measures taken at national and local level;

ix.        identify and address research needs;

x.         provide where necessary for outreach measures fully integrated into the normal health service;

xi.        earmark specific funding for the improvement of the health situation of Roma and Travellers in all countries were Roma and Travellers are reported to face problems in accessing the healthcare system;

xii.       ensure that family planning is gender sensitive;

xiii.      take into consideration good practices on disseminating information about Romani culture and about prejudices existing among both health care professionals and Roma and Travellers;

xiv.      take into account the range of good practices existing in other member states and/or regions (for example Roma and Traveller health units, Roma and Traveller health mediators, training on primary health care, guidebooks).

3. Prevention

a. Health education   

Member states should ensure access to health information and education through awareness raising campaigns for Roma and Travellers by health care and social workers, authorities and NGOs. Where desired, information on reproductive and sexual health and gender equality should be given as part of the health education.

Special attention should be paid to the education of the general population and to the elimination of existing anti-Roma and Traveller prejudices, which seriously hinder normal access to health care of Roma and Travellers.

b. Housing and health

Recognising that decent housing and a satisfactory sanitation infrastructure is a sine qua nonfor improvement of the health status of Roma and Traveller communities, governments of member states should ensure:

i.          that Roma and Traveller settlements and encampment sites are located in decent places in a healthy environment, with own toilet and water facilities, electricity, paved roads, rubbish containers, sewage, etc., under the same conditions as the general population of the region concerned;

ii.         that members of mobile populations without access to legal caravan sites have access to health care and other public services;

iii.        that local health bodies should work with local housing and other agencies to address these wider issues. When doing so they should ensure that Roma and Traveller communities are engaged effectively in these processes.

c. Sexual and reproductive health

Governments of member states should pay particular attention to the health situation of Roma and Traveller women, by ensuring comprehensive sexual and reproductive health (SRH) services and information, particularly family planning. Such services should also be made accessible for Roma and Travellers adolescent and adult men.

d. Children and health

Health policies should give special attention to the health of children through a wide range of preventive measures including vaccination and prenatal and postnatal care. Special attention should be given to underage female children.

4. Participation of Roma and Travellers

i.          Wherever appropriate local health services should ensure that they have in place specific services such as gender equality advisors and health mediators to meet the health needs of these communities. Members of Roma and Traveller communities, where applicable, should be involved in developing those services and, where possible, health professionals should be recruited from their communities.

ii.         Where applicable training should be undertaken to improve Roma and Travellers’ skills in policy making and health public administration.

iii.        Adequate resources should be provided for capacity-building training to enable representatives of the Roma and Traveller communities to engage effectively in the consultation process when drawing up strategies and policies affecting their health.

iv.        The actual focus of training programmes for Roma and Travellers in the field of health should be expanded from health mediators – whose role is to mediate between Romani patients and health professionals, provide basic health education and assist Roma communities in obtaining necessary insurance and documents – to include more ambitious targets.

v.         Roma and Travellers, if they so wish, should be encouraged to take up professions such as those of nurses and doctors at all levels of the health system.  

5.         Staff training

Governments of member states should support education of health care workers and authorities about diverse Romani and Traveller traditions, cultures, living conditions and mobility patterns and how this may affect Roma and Traveller health needs.


COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Recommendation Rec(2005)4
of the Committee of Ministers to member states
on improving the housing conditions of Roma and Travellers in Europe

(Adopted by the Committee of Ministers on 23 February 2005
at the 916th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members and that this aim can be pursued, in particular, by joint action in the field of social cohesion;

Recognising that Roma/Gypsies and Travellers have been contributing to European culture and values, just as other European people, and recognising that despite this asset, Roma/Gypsies and Travellers have been experiencing widespread discrimination in all areas of life;

Recognising that there is an urgent need to develop new strategies to improve the living conditions of the Roma/Gypsy and Traveller communities all over Europe in order to ensure that they have equality of opportunities in areas such as civic and political participation, as well as developmental sectors, such as housing, education, employment and health;

Bearing in mind that policies aimed at addressing the problems faced by Roma/Gypsies and Travellers in the field of housing should be comprehensive, based on an acknowledgement that the issue of housing for Roma/Gypsies and Travellers has an impact on a wide range of other elements, namely the economic, educational, social and cultural aspects of their lives, and the fight against racism and discrimination;

Bearing in mind the under-used potential of Roma/Gypsy and Traveller communities and their capacity to contribute to the improvement of their own situation, especially in the field of housing;

Bearing in mind that some member states do not have, or do not implement, a clearly defined national housing-related legislation, addressing various practices such as housing discrimination, discriminatory harassment in housing, discriminatory boycotts, ghettoisation, racial and residential segregation, and other forms of discrimination against nomadic and semi-nomadic Roma/Gypsies and Travellers, as well as unequal housing conditions and access to housing, such as social housing, public housing, do-it-yourself housing and cooperative housing;

Recalling the relevant international documents in the area of housing, such as the Universal Declaration of Human Rights (Article 25.1), the International Covenant on Economic, Social and Cultural Rights (Article 11.1), the United Nations Habitat Agenda (adopted in Istanbul in 1996), and the Declaration on Cities and Other Human Settlements in the New Millennium (adopted by the Special Session of the United Nations General Assembly for an overall review and appraisal of the implementation of the Habitat Agenda, in New York, 6 - 8 June 2001), the Council of Europe's European Social Charter of 1961 (ETS No. 35) (Article 16), its additional Protocol of 1988 (ETS No. 128) (Article 4), and the Revised European Social Charter of 1996 (ETS No. 163) (Article 31);

Taking into account the Framework Convention for the Protection of National Minorities (ETS No. 157);

Bearing in mind its Recommendation No. R (2000) 4 on the education of Roma/Gypsy children in Europe and its Recommendation Rec(2001)17 on improving the economic and employment situation of Roma/Gypsies and Travellers in Europe;

Bearing in mind Parliamentary Assembly Recommendations 563 (1969) and 1203 (1993) in which mention is made of the living conditions of Roma/Gypsies in Europe;

Bearing in mind Resolutions 125 (1981), 16 (1995) and 249 (1993) and Recommendation 11 (1995) of the Congress of Local and Regional Authorities of the Council of Europe on the situation of Roma/Gypsies in Europe;

Bearing in mind General Policy Recommendation No. 3 of the European Commission against Racism and Intolerance on combating racism and discrimination against Roma/Gypsies in Europe;

Having welcomed with satisfaction the Policy Guidelines on Access to Housing for Disadvantaged Categories of Persons prepared by the Group of Specialists on Access to Housing as well as Parliamentary Assembly Recommendation 1505 (2001) on amelioration of disadvantaged urban areas in Europe;

Bearing in mind European Union Council Directive 2000/43/EC of 29 June 2000 on implementing the principle of equal treatment between persons irrespective of racial or ethnic origin;

Bearing in mind that the constitutional structures, legal traditions, and the division of responsibilities differ in Council of Europe member states, which may lead to various ways of implementing the present Recommendation,

Recommends that, in designing, implementing and monitoring their housing policies, the governments of member states:

– be guided by the principles set out in the Appendix to this Recommendation;

– bring this Recommendation to the attention of the relevant public bodies in their respective countries through the appropriate national channels.


Appendix to Recommendation Rec(2005)4 on improving the housing conditions of Roma and Travellers in Europe

I. Definitions                                              

The term “Roma” used in the present text refers to Roma/Gypsies and Traveller communities and must be interpreted as covering the wide diversity of groups concerned.

“Housing” in this Recommendation includes different modes of accommodation, such as houses, caravans, mobile homes or halting sites.

The definition provided for by the United Nations Habitat Agenda for “adequate housing”, paragraph 60, should be borne in mind in the context of the present text: “Adequate shelter means more than a roof over one's head. It also means adequate privacy; adequate space; physical accessibility; adequate security; security of tenure; structural stability and durability; adequate lighting, heating and ventilation; adequate basic infrastructure, such as water-supply, sanitation and waste-management facilities; suitable environmental quality and health-related factors; and adequate and accessible location with regard to work and basic facilities: all of which should be available at an affordable cost”.

General Comment No. 4 on the right to adequate housing of United Nations Committee on Economic, Social and Cultural Rights should also be recalled here.

“Transit/halting sites” indicate sites to which Travellers are admitted, pending re-housing or further movement.

II. General principles

Integrated housing policies

1. Member states should ensure that, within the general framework of housing policies, integrated and appropriate housing policies targeting Roma are developed. Member states should also allocate appropriate means for the implementation of the mentioned policies in order to support national poverty reduction policies.

Principle of non-discrimination

2. Since Roma continue to be among the most disadvantaged population groups in Europe, national housing policies should seek to address their specific problems as a matter of emergency, and in a
non-discriminatory way.

Freedom of choice of lifestyle

3. Member states should affirm the right of people to pursue sedentary or nomadic lifestyles, according to their own free choice. All conditions necessary to pursue these lifestyles should be made available to them by the national, regional and local authorities in accordance with the resources available and to the rights of others and within the legal framework relating to building, planning and access to private land.


Adequacy and affordability of housing

4. Member states should promote and protect the right to adequate housing for all, as well as ensure equal access to adequate housing for Roma through appropriate, proactive policies, particularly in the area of affordable housing and service delivery.

Prevention of exclusion and the creation of ghettos

5. In order to combat the creation of ghettos and segregation of Roma from the majority society, member states should prevent, prohibit and, when needed, revert any nationwide, regional, or local policies or initiatives aimed at ensuring that Roma settle or resettle in inappropriate sites and hazardous areas, or aimed at relegating them to such areas on account of their ethnicity.

Participation

6. Member states should, as appropriate, provide Roma communities and organisations with the means to participate in the process of conceiving, designing, implementing and monitoring policies and programmes aimed at improving their housing situation.

Partnership

7. Moreover, member states should encourage and promote empowerment and capacity-building on a wider basis among Roma communities by fostering partnerships at local, regional and national levels, as appropriate, in their policies aimed at addressing the housing problems facing Roma.

The member states should also ensure that members of the Roma communities are also actively involved in this process.

Coordination

8. Member states should ensure that proper coordination is provided in the field of housing between, on the one hand, the relevant national, regional and local authorities and, on the other, the Roma populations and organisations who represent the majority active in this field.

Role of regional and local authorities

9. Member states should encourage local authorities to meet their obligations with regard to Roma – in the same way as for any persons with the same legal status – in the area of housing. They should encourage regional and local authorities to ensure that area-based and local development strategies contain concrete and clearly specific sets of objectives targeting Roma communities and their housing needs.

III. Legal framework

Legal framework for housing rights

10. Member states should develop a comprehensive policy and legal framework related to housing, which is necessary for sedentary and itinerant people (in accordance with the geographical specificity) to exercise their right to adequate housing.


Legal framework for related rights

11. Within this framework, member states should develop mechanisms with a view to ensuring the access of Roma to related rights, such as water supply, electricity and other forms of relevant infrastructure, such as education, medical care, social support, etc., as enshrined and articulated in international human rights laws and related standards.

Implementation of the legal framework

12. In order to provide equal access to housing, member states should ensure the implementation of the aforementioned legal framework and provide clear guidelines to the relevant authorities with regard to the exercise of housing rights. They should also provide clear guidelines for access to and distribution of housing and services.

The need for legal aid

13. Member states should make available to poor people free legal aid, advice and representation related to the denial of housing rights in order to ensure that their ability to protect their rights or seek effective remedy, including judicial redress against denial of housing rights, is not undermined by the lack of legal aid mechanisms.

Transparency, good governance and access to information

14. The legal system should ensure transparency and good governance, including the right of Roma to access information related to housing policies and decisions of national and local authorities likely to concern them.

Support to NGOs

15. Non-governmental Organisations involved in Roma issues, in particular in the fields of counselling and legal assistance, should be given fair conditions in which to perform their activities and effective support. Member states should also provide for the legal conditions to regulate NGOs' activities in the field of housing.

Monitoring of housing policy implementation

16. Member states should establish appropriate monitoring mechanisms to ensure the implementation of housing policies and practices for Roma. Roma representatives should be involved on an equal footing in any monitoring and evaluation process.

Control mechanisms

17. In accordance with the autonomy of regional and local authorities, member states should make use of the legality control mechanism referred to in paragraph 22 to make sure that regional and local authorities' decisions do not have discriminatory effects on Roma's access to housing, or in any way impede the enjoyment of their right to adequate housing.


IV. Preventing and combating discrimination

Adopting anti-discrimination legislation

18. Comprehensive legislation should expressly prohibit direct or indirect discrimination on the grounds of racial and ethnic origin in employment and access to and supply of goods and services which are available to the public including, inter alia, housing, land, property, education, employment, health, social services.

Monitoring and review of existing housing legislation

19. Member states, through their relevant authorities, should undertake a systematic review of their housing legislation, policies and practices and remove all provisions or administrative practices that result in direct or indirect discrimination against Roma, regardless of whether this results from action or inaction on the part of state or non-state actors. They should establish adequate mechanisms (for example, parliament, human rights commissions, ombudsmen, and so on) to ensure, and promote, compliance with anti-discrimination laws with regard to housing matters. Such mechanisms should allow for participation of Roma representatives and NGOs at all stages of monitoring.

Protection of the rights of Roma women

20. Member states should ensure that anti-discrimination laws prohibit gender-based discrimination, directly or indirectly, in the supply of goods and services, including housing. Member states should also foster housing policies addressing the needs of Roma women, and in particular single mothers, victims of domestic violence and other categories of disadvantaged Roma women; the relevant authorities should ensure that access to social housing is provided to them, taking into consideration their urgent needs. Member states should create mechanisms that protect women's housing rights from any form of violation.

Preventing segregation in environmentally hazardous areas

21. Member states should take measures to combat any forms of segregation on racial grounds in environmentally hazardous areas. This includes investing in the development of safe locations and taking steps to ensure that Roma communities have practical and affordable housing alternatives, so as to discourage settlements in, near or on hazardous areas.

Providing effective sanctions

22. Member states should provide for effective, proportionate and dissuasive sanctions on the institutions, agencies, public officials and private persons who violate anti-discrimination laws with regard to housing. Existing remedies should be accessible and well-publicised and appropriate remedies should be available for victims.

V. Protection and improvement of existing housing

Security of land, housing and property tenure

23. Member states, bearing in mind that the right to housing is a basic human right, should ensure that Roma are protected against unlawful eviction, harassment and other threats regardless of where they are residing.


Legalisation of Roma settlements and encampments

24. The public authorities should make every effort to resolve the undefined legal status of Roma settlements as a precondition for further improvements. Where Roma camp illegally, public authorities should use a proportionate response. This may be through negotiation or the use of legal action. However, they should seek, where possible, solutions, which are acceptable for all parties in order to avoid Roma from being excluded from access to services and amenities to which they are entitled as citizens of the state where they live.

Access to property

25. Member states, through their relevant authorities, should ensure equal opportunity for Roma to acquire the ownership of the land on which they currently live, and an access to the information on the possibilities of doing so. Adequate alternatives should be provided in situations where this is not possible.

Legal protection from unlawful evictions and the procedure for legal evictions

26. Member states should establish a legal framework that conforms with international human rights standards, to ensure effective protection against unlawful forced and collective evictions and to control strictly the circumstances in which legal evictions may be carried out. In the case of lawful evictions, Roma must be provided with appropriate alternative accommodation, if needed, except in cases of force majeure. Legislation should also strictly define the procedures for legal eviction, and such legislation should comply with international human rights standards and principles, including those articulated in General Comment No. 7 on forced evictions of the United Nations Committee on Economic, Social and Cultural rights. Such measures shall include consultation with the community or individual concerned, reasonable notice, provision of information, a guarantee that the eviction will be carried out in a reasonable manner, effective legal remedies and free or low cost legal assistance for the persons concerned. The alternative housing should not result in further segregation.

Provision of adequate services

27. Member states, through their relevant authorities, should provide the same adequate level of services to Roma settlements and camp sites as to other groups of the population, while keeping in mind the need for sustainable solutions. Moreover, authorities should be aware that, beyond the delivery of adequate services, they should act so as to improve the overall quality of life in Roma settlements and camp sites by promoting better management of daily life, that is: area-based administrative, commercial, social and sanitary services, public transportation, refuse disposal, the upkeep of public apartments, buildings or camp sites and their surroundings, adequate management of neighbourhood conflicts and of problems linked to non-payment of rents and services, and so on.

VI. Framework for housing policies

Policies to promote access to housing

28. The member states should make the improvement of Roma housing conditions one of their priority areas for action. They should promote equal opportunities for Roma as regards access to the private or public property markets, particularly through non-discriminatory policies and criteria for the allocation of housing, and through a legal and political framework that is consistent nationwide and is binding on local authorities, since they have prime responsibility for housing issues.

Comprehensive and integrated housing policies

29. Member states, taking into account the potentially synergetic links between housing policies and other socially-oriented policies concerning access to welfare, employment, health and education, should encourage public authorities, at all levels, to adopt comprehensive approaches and policies.

Participation in the preparation of housing policies

30. Roma should be involved as early as possible in the process of planning and setting up of their future settlement areas or permanent housing units, so as to assess as precisely as possible what their particular needs are, or will be, in the future. Member states should also ensure that Roma residing on their territory – whether sedentary, nomadic or semi-nomadic – are given an appropriate assistance to define their specific needs in terms of housing, as well as access to appropriate welfare and social services (health, education, employment, culture, and so on).

The need for adequate housing models

31. Bearing in mind the diversity of national, regional and local situations, member states should provide for adequate housing models, through national legislations, policies or strategies. Provision should also be made for Roma to be able to acquire their own accommodation by different means, forms and methods of access to housing, such as social housing, cooperatives, do-it-yourself housing, public housing, caravans and other innovative forms of housing. All the relevant elements to the housing models mentioned (financial, social and other) should be carefully defined.

Housing policy adapted to specific situations

32. Member states should develop and implement programmes and projects that are tailored to the specific situations of the diverse Roma communities. Such programmes and policies should include the building or development of the entire physical and social infrastructure that is needed for adequate and sustainable housing.

Providing equipped transit/halting sites

33. Member states should ensure that an adequate number of transit/halting sites are provided to nomadic and semi-nomadic Roma. These transit/halting sites should be adequately equipped with necessary facilities including water, electricity, sanitation and refuse collection. The physical borders or fences should not harm the dignity of the persons and their freedom of movement.

Access to health and sanitary services

34. Nomadic or semi-nomadic groups should be provided access to proper and adequate sanitary conditions as well as easier access to existing health infrastructures and services (especially in emergency situations, and as part of preventive health campaigns). Roma who are permanently and legally settled in derelict or unhealthy surroundings should receive assistance in order to improve the sanitary conditions of their homes (help for repairs, assistance in improving their living conditions and environment, measures to allow them better access to short-term loans for acquiring better housing, mediation in their relations with administrations or public services).

Role of regional and local authorities

35. Member states should make sure that local and regional authorities meet their obligations with regard to Roma, even when the latter do not reside permanently on a given territory. Local government agencies should be educated in the area of non-discrimination and should be held accountable by the state for discriminatory practices and policies in the field of housing.

International relief

36. When they are unable to carry out their obligations in the field of housing, member states should accept international relief assistance for the benefit of Roma. Member states should pay particular attention to international assistance projects or programmes so as to ensure a high level of cooperation, transparency and closer cooperation with local partners.

Awareness-raising

37. Member states should launch and encourage local authorities and Non-governmental Organisations active in the field of housing to launch awareness-raising campaigns on the rights of Roma to equal access to the housing market and information campaigns for the Roma communities on their rights to adequate housing. National campaigns on secure tenure promoted by the national committees on implementation of the United Nations Habitat Agenda, as adopted and ratified by member states at the Habitat II Conference, could be an adequate framework for such awareness-raising campaigns.

Employment initiatives and construction

38. Member states should encourage employment initiatives at local level inter alia by providing incentives for Roma to participate in the entire process of renovation/construction works of their future homes. This would contribute to improving their economic situation, help to give them better access to funding for their projects, both individual and collective, help to mitigate their feeling of precariousness and rejection, and foster a sense of ownership. This would also provide Roma with new competences that would allow them to explore new vocational avenues and would leave them less vulnerable to unemployment.

Statistical data-base and housing policy indicators

39. As a preliminary tool for policy development, in order to better assess the actual situation of disadvantaged categories of persons as regards housing, member states should ensure that the relevant national public authorities gather statistical data on a regular basis in accordance with, and in the spirit of, international and national norms in the field of personal data protection. They should also establish indicators for measuring the achievement of policy objectives over time. Member states which regularly collect Habitat housing indicators should also apply this to Roma housing.

VII. Financing of housing

Sustainability of financial resources

40. Member states should acknowledge that successful social cohesion policies require proper funding and assistance, continuous commitment and a long-term approach. Moreover, it should be borne in mind that solutions to such a wide array of different issues and problems will necessarily have to be implemented in a flexible manner. Suitable and proper access to funding and to means of fostering stability and security (including, but not restricted to, access to property) are central to any long-term action in this field.

Financing housing projects from various sources

41. Member states should ensure that housing-related projects are financed from national public budgets as well as from a variety of sources (private donors and international financial institutions) and be administered through a network of partners, at local, regional, national and transfrontier level. Since the implementing period of housing projects is quite long, these projects should be accurately planned in terms of financing and works so as not to raise false expectations among the populations concerned. In addition, since these are mainly area- and community-based projects, it is of the utmost importance that local networks and partnerships be built and fostered.

Integrated funding

42. Since housing projects are part of wider-based, further-reaching policies, member states, through their relevant authorities, should approach the financing of such projects in a comprehensive manner that takes into account aspects such as physical and health infrastructures, social cohesion needs and potential initiatives, culture, education, or employment opportunities.

International support for Roma housing

43. Member states should be encouraged to make use of the possibilities, including loans offered by international financial institutions in favour of Roma housing projects. They should also make use of the expertise of international financial institutions that have gained extensive knowledge in managing this kind of integrated project in many parts of the world, among them the Council of Europe Development Bank, whose mandate includes operating in areas such as housing of disadvantaged population groups in Europe so as to promote social cohesion. The World Bank, the European Bank for Reconstruction and Development, as well as some European Union programmes could also be of particular use in this respect.

Access to funding possibilities to acquire housing

44. Member states should develop adequate financial structures that provide for easier access to available sources of funding for housing, in cooperation with international financial institutions if necessary. Member states, through their relevant authorities, should also consider appropriate mechanisms to enable nomadic and semi-nomadic people to acquire caravans or mobile homes through low interest loans or other financial schemes, which do not put them at a disadvantage with regard to possibilities offered to sedentary people.

Funding infrastructure and services

45. Member states should ensure that local authorities and financial institutions provide funding for accompanying measures aiming at developing or building basic infrastructures and services and enhancing the quality of life of Roma in general, in order to improve the daily management of settlements or sites and to strengthen the overall social cohesion.

Specific budgetary provisions

46. Competent bodies of member states should allocate specific financial means to serve as an incentive for positive action on the part of the responsible authorities, such as development of field work, inclusion of the issue of Roma housing in land-use plans, access to expert advice and mediation for municipalities concerned, and so on.

VIII. Housing standards

Adequate housing as a basis for all housing standards

47. Member states should regulate and implement in practice, the concept of “adequate housing” as defined in Paragraph 60 of the United Nations Habitat Agenda, and General Comments Nos. 4 and 7 of the United Nations Committee on Economic, Social and Cultural Rights, bearing in mind the human rights dimension, economic conditions both locally and in the country as a whole, and related social and cultural elements. This concept should be defined so as to apply to all citizens, including Roma. The definition of “adequate housing” should form the basis for all other housing standards.

Standard for housing location and surroundings

48. Member states, through their relevant authorities, should ensure that Roma housing is located in areas that are fit for habitation or suitable for construction under current legislation, and in ecologically healthy surroundings. Moreover, they should adopt measures that would enable Roma communities to react to unexpected events, such as natural disasters or epidemics, which often disproportionately affect vulnerable groups living in precarious settlements. The existing settlements which cannot be removed from unsuitable locations should be improved by appropriate and constructive environmental measures.

Legal standards for public and social services

49. Legal standards applying to public services – water, electricity, street cleaning, sewage systems, refuse disposal, and so on – should equally apply to Roma settlements and camp sites. Public transportation should be a part of area-based facilities. The authorities should also make sure that public services, such as health care facilities, access to education, police stations, post and telecommunication offices, are available in these areas. Authorities should pay specific attention to the physical distance between Roma settlements and camp sites and schools, as it is an important factor in fighting against the creation of ghettos.

The need for non-discriminatory security standards

50. The Roma housing environment should not be worse than, or inferior, to the housing areas, settlements and towns of the majority population. The standards used in supplying settlements and building apartments should not discriminate against Roma in any way.

Minimum construction standards

51. The quality of the material (built-in and permanently visible parts of the apartments and houses, such as joinery, wall and floor coatings, installations, sanitary fixtures, technical equipment, and so on) depends directly on the economic possibilities of the tenants, on community funds, and ultimately on the economic situation of society as a whole. Member states should therefore ensure that minimum construction standards exist, guaranteeing a healthy life, balanced family relations and proper conditions for children, and good neighbourhood relations.


Standards for adaptability and enhancement of housing

52. The apartment surface area should correspond to the number of tenants, while bearing in mind normal human adjustment to the spatial framework. Since families are dynamic – an increasing number of members, changes in economic possibilities and cultural needs, changes in vital needs and the development of aspirations – the architectural and legal solutions should make it possible to follow these dynamics by facilitating extensions to, and improving the interior properties of, apartments. Even when apartments are built with less surface area than average, they should be designed in advance for extension and enhancement. Standards regarding the adaptability of structure and surface size should be introduced, providing the technical possibilities for poor families to start with modest housing that they can expand and enhance later on.




COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Recommendation Rec(2004)14
of the Committee of Ministers to member states
on the movement and encampment of Travellers in Europe

(Adopted by the Committee of Ministers on 1 December 2004,
at the 907th meeting of the Ministers' Deputies)

The Committee of Ministers, in accordance with Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members and that this aim can be pursued, in particular, by means of joint action in the field of social cohesion;

Convinced that Roma/Gypsies and Travellers contribute to European culture and values in the same way as the other peoples of Europe, and noting that, despite this contribution, they are victims of discrimination in all areas of life;

Considering that those among the Roma/Gypsy and Traveller communities who wish to continue to lead a traditional nomadic or semi-nomadic lifestyle should have the opportunity, in law and in practice, to do so, by virtue of the freedom of movement and settlement guaranteed to all citizens of member states and the right to preserve and develop specific cultural identities;

Considering, also, that in order to allow Travellers to exercise their right to move and set up camp, a coordinated, coherent system of legal safeguards for their freedom of movement is necessary;

Recognising that policies for dealing with movement and encampment problems should be part of a coherent policy for improving the living conditions of Roma/Gypsies and Travellers;

Bearing in mind the 1961 European Social Charter of the Council of Europe (ETS No. 35), the 1988 Additional Protocol (ETS No. 128) to it and the 1996 Revised European Social Charter (ETS No. 163);

Bearing in mind the provisions of the 1981 Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108);

Taking account of the 1995 Framework Convention for the Protection of National Minorities (ETS No. 157);

Bearing in mind its Recommendation No. R (2000) 4 on the education of Roma/Gypsy children in Europe, and its Recommendation Rec(2001)17 on improving the economic and employment situation of Roma/Gypsies and Travellers in Europe;

Bearing in mind Parliamentary Assembly Recommendations 563 (1969) and 1203 (1993), which are concerned with the living conditions of Roma/Gypsies and Travellers in Europe, and Parliamentary Recommendation 1557 (2002) on the legal situation of the Roma in Europe;

Bearing in mind Resolutions 125 (1981), 16 (1995) and 249 (1993) and Recommendation 11 (1995) of the Congress of Local and Regional Authorities of the Council of Europe concerning the situation of Roma/Gypsies in Europe;

Bearing in mind General Policy Recommendation No. 3 of the European Commission against Racism and Intolerance on combating racism and intolerance against Roma/Gypsies;

Bearing in mind European Union Council Directive 2000/43/EC of 29 June 2000 on the implementation of the principle of equality of treatment between individuals without distinction of race or ethnic origin;

Considering that member states' regulation applying to the entry and residence of non-citizens shall remain unaffected by the guiding principles of this Recommendation;

Bearing in mind that the constitutional structures, legal traditions, and the division of responsibilities differ in Council of Europe member states, which may lead to various ways of implementing the present Recommendation,

Recommends that, when devising, implementing and monitoring policies concerning the movement and encampment of Travellers, the governments of member states:

– take as their basis the principles appended to this Recommendation;
– bring this Recommendation to the attention of the national, regional and local public authorities concerned through the appropriate channels.


Appendix to Recommendation Rec(2004)14 on the movement and encampment of Travellers in Europe

I. Scope

1. The present text covers those Travellers, Roma, Sinti, Yenish and other related groups in member states who have traditionally a nomadic or semi-nomadic life-style and who are citizens of those states or legally residing in these countries. For the sake of convenience the term “Travellers” will be used in this Recommendation.

II. Definitions

2. The term “Travellers” covers the populations referred to under paragraph 1; in the French version, the term “Gens du voyage” was preferred to “Voyageurs” although the latter is used in some countries.

3. The term “encampment area” denotes any place reserved or set up especially for the encampment of Travellers; the term “site” means any site used by Travellers for their encampment; it includes encampment areas, traditional encampment sites and occasional sites.

4. The term “encampment” denotes a prolonged stay of the Travellers, their families and their “mobile homes” in an area.

5. The term “traditional encampment areas” is defined as those areas habitually used by Travellers for their encampment. As regards semi-nomadic Travellers, encampment areas refer to areas where Travellers go to set up their winter residence (for a maximum period of about six months). Short-stay areas are those where Travellers stop for a few days or a few weeks during the period when they exercise an itinerant life-style (for a maximum period of about one month).

6. The term “mobile home” means any enclosed space serving as lodging for Travellers, which can be towed.

7. “Minimum facilities” include water supply, connection to the electricity network, sanitary facilities and a rubbish bin.

III. General principles

Member states should:

8. guarantee equal rights on individual Travellers, particularly in respect of the following: ownership rights and social benefits equal to persons who are sedentary/settled, fair and proportionate rent and land occupation charges;

9. ensure equal access for Travellers to social, cultural and economic services;

10. encourage the use of an official internet site hosting a range of public services in order to facilitate exchanges between Travellers and administrations: revenue declarations, civil status declaration, requests for social benefits, etc. Member states should furthermore support Travellers' organisations so that they can advise and assist their members, and thus facilitate exchanges between Travellers and administration;

11. promote information and awareness campaigns for: 1) Travellers, with regard to their rights and duties and 2) the sedentary population, so that it comes to know more about the lifestyle and culture of Travellers and lets go of its prejudices and stereotypes with regard to this community; the communities concerned should be actively involved in organising such information campaigns;

12. give Travellers' mobile homes or, where relevant, the place of residence to which the Traveller is linked, the same substantial rights as those attached to a fixed abode, particularly in legal and social matters;

13. encourage the signing of quality contracts or charters between local authorities and Travellers, on the basis of the mutual interests of the parties involved;

IV. Application and implementation

Member states should:

A. Travellers' freedom of movement

14. in the case of circulating on the national territory, refrain from requiring of national Travellers documents other than ordinary-law identity papers and/or documents authorising an itinerant economic activity (hawker's professional card) in countries in which such papers are required;

B. Establishment of Travellers' official place of residence

15. ensure that the place of residence to which the Traveller is linked is indicated on ordinary-law identity papers in the countries in which these are required and are necessary for access to other rights;

16. allow Travellers to have their official place of residence at the address of an individual or association;

17. refrain from setting up, on the basis of the above-mentioned indications concerning the official place of residence, files that make it possible to identify the person concerned as a nomad;

18. allow free choice of official place of residence for nationals when it is compulsory to establish such residence;

19. widely disseminate novel good practices as regards establishment of an official place of residence;

C. Facilities for Travellers

20. recognise the right of encampment for Travellers;

21. provide areas where Travellers can stop over and stay and set up camp for longer periods than usual in consultation with Travellers and taking their needs into account;

22. when selecting such areas, take account of Travellers' traditional encampment sites;

23. ensure that these areas:

i. are equipped with minimum facilities, in particular sanitation;

ii. are sufficient in number, taking into account the demographic trends among the families concerned, and their location in zones suited to the frequency of use of Travellers;

iii. are signposted by means of a European traffic pictogram;

24. set aside suitable areas for large gatherings and/or foreign Travellers passing through;

25. encourage a number of options with regard to encampment sites, and, in particular, that members of a group who are no longer mobile, because of their age or state of health, can stay all the year round on encampment areas where their families could join them when they want to make a stop;

26. set up a body to monitor and assess the establishment and operation of encampment sites and short-stay areas; such body should be able to ensure that needs are regularly assessed and provide information as to the sites' locations and facilities. The authorities should ensure that Travellers are fully involved in the work of such a body;

27. provide Travellers with information on how to buy private plots of land and how these may be used;

D. Specific provision for the exercise of Travellers' right of encampment

28. provide for the right of encampment in their domestic legal system in instruments that are legally binding, treating it in the same way as the right to decent housing;

29. in line with the autonomy of territorial units, use a control and incentive mechanism so that local authorities fulfil their obligation to provide encampment areas; if necessary, give a higher authority the power to take over when local authorities do not fulfil this obligation;

30. Member states should establish a legal framework that conforms with international human rights standards, to ensure effective protection against unlawful forced and collective evictions and to control strictly the circumstances in which legal evictions may be carried out. In the case of lawful evictions, Roma must be provided with appropriate alternative accommodation if needed, except in cases of force majeure. Legislation should also strictly define the procedures for legal eviction, and such legislation should comply with international human rights standards and principles, including those articulated in General Comment No. 7 on forced evictions of the United Nations Committee on Economic, Social and Cultural rights. Such measures shall include consultation with the community or individual concerned, reasonable notice, provision of information, a guarantee that the eviction will be carried out in a reasonable manner, effective legal remedies and free or low cost legal assistance for destitute victims. The alternative housing should not result in further segregation;

31. in countries, which do not differentiate between encampment areas and short-stay areas, set a time-limit to the length of stay on sites so as to prevent them being transformed into a zone of exclusion as a result of their users becoming sedentary on the spot; allow the rotation of Travellers between the sites while refraining from setting a maximum authorised length of stay that is shorter than the longest school period between two periods of school holidays and offering those who wish to become sedentary alternatives to settling on existing sites;

32. authorise Travellers' associations to assert the rights of individual Travellers before the competent courts in the event of expulsions, as defendant, or plaintiff and at all stages of the procedure;

33. make statutory provisions for appeal against decisions banning access to certain sites or prohibiting encampment;

34. define as part of a Traveller's caravan, and therefore of his or her place of residence, an area bound by a perimeter of a few metres around the caravan.


COUNCIL OF EUROPE

COMMITTEE OF MINISTERS

Recommendation Rec(2001)17

on improving the economic and employment situation

of Roma/Gypsies and Travellers in Europe

(Adopted by the Committee of Ministers on 27 November 2001,

at the 774th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members and that this aim may be pursued, in particular, through common action in the field of social cohesion;

Recognising that large groups of Roma/Gypsies and Travellers in Europe suffer from the effects of long-term unemployment and poverty, which could present a threat to the social cohesion of member states;  

Noting that the persistent problems of poverty and unemployment are the result of discrimination against and social exclusion of Roma/Gypsies and Travellers, and are closely interlinked to problems in areas such as accommodation, education, vocational training and health;

Recognising that the labour market will not open up many job opportunities for Roma/Gypsies and Travellers in the near future without pro-active measures;

Considering that the economic problems of Roma/Gypsies and Travellers cannot be overcome unless member states consider equal opportunities as a policy priority for access to the labour market and income-generating activities;

Bearing in mind that policies aimed at addressing the problems facing Roma/Gypsies and Travellers in the areas of employment and economic activity should be comprehensive, based on an acknowledgement that employment is linked to other factors, namely educational and training aspects, accommodation and the fight against racism and discrimination;

Bearing in mind that Roma/Gypsy and Travellers groups are culturally diverse across Europe and that this diversity should be valued and encouraged at national and local level;

Bearing in mind that priority should be given to local action and initiatives;

Bearing in mind that social rights are an integral part of human rights as acknowledged in the revised European Social Charter;


Bearing in mind the Framework Convention for the Protection of National Minorities (ETS No. 157);

Bearing in mind Recommendation No. R (2000)4 of the Committee of Ministers to member states on the education of Roma/Gypsy children in Europe;

Bearing in mind Recommendations 563 (1969) and 1203 (1993) of the Parliamentary Assembly of the Council of Europe, in which mention is made of the educational needs of Roma/Gypsies in Europe;

Bearing in mind Resolutions 125 (1981), 16 (1995) and 249 (1993), and Recommendation 11 (1995) of the Congress of Local and Regional Authorities of Europe on the situation of Roma/Gypsies in Europe;

Bearing in mind General Policy Recommendation No. 3 of the European Commission against Racism and Intolerance on combating racism and discrimination against Roma/Gypsies in Europe;

Bearing in mind the publication of the book Gypsies and Travellers (1985), updated in 1994, Roma, Gypsies, Travellers, Council of Europe Publishing;

Welcoming the document prepared by the Specialist Group on Roma/Gypsies entitled "Economic and Employment Problems faced by Roma/Gypsies in Europe" (MG‑S‑ROM(99)5rev2);

Bearing in mind the Council of Europe "Training and guidance memorandum for the staff of employment services working with disadvantaged ethnic minority communities", as adopted by the European Committee on Migrations,

Recommends that in implementing their policies aimed at improving the economic and employment situation of Roma/Gypsies and Travellers, the governments of the member states should:

–          be guided by the principles set out in the appendix to this recommendation;

–          bring this recommendation to the attention of the relevant public and private bodies in their respective countries through the appropriate channels.


Appendix to Rec(2001)17

Guiding principles for employment and economic policies concerning Roma/Gypsies and Travellers1 in Europe

I.         General principles

1.         Roma/Gypsy communities and organisations should participate fully in the processes of designing, implementing and monitoring programmes and policies aimed at improving their economic and employment situation.

2.         Governments should fully support empowerment and capacity-building among Roma/Gypsy communities to improve their economic and labour market situation.

3.         Governments should promote, with a long-term commitment, employment and economic policies for Roma/Gypsy communities.

4.         Central, regional and local authorities should develop flexible structures and approaches, together with communication strategies, adapted to the diverse situations of  Roma/Gypsy communities.

5.         In order to promote synergies and local partnerships, emphasis should be put on the need to reinforce co-ordination between the appropriate national, regional and local authorities and Roma and pro-Roma organisations. In addition, governments should make sure that international organisations of which they are members ensure effective co-operation and partnership at national and local levels in their programmes for Roma/Gypsies.

6.         Area-based and local development strategies should contain clear and specific sets of goals and rules targeting Roma/Gypsy communities.

7.         Anti-discrimination legislation should be made more effective, bearing in mind that Roma face both direct and indirect discrimination. Therefore, NGOs providing legal assistance to Roma/Gypsies should be supported.

8.         In the fight against discrimination, awareness-raising campaigns on the rights of job-seekers to equal access to the labour market could be launched. Information campaigns on the rights of employees in the workplace should also be supported.

9.         The effectiveness of anti-discrimination laws would be improved by placing the burden of proof on the person against whom discrimination is alleged.

10.       The collection of labour market information, where legally possible and with the agreement of Roma/Gypsies, should fully respect the provisions of the European Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (ETS No. 108) to avoid further discrimination and exclusion.

11.       Authorities should recognise and legitimise economic activities initiated by Roma/Gypsies and Roma/Gypsies economic contribution to income-generating.

II.        Employment policies and access to the labour market

12.       Governments should promote equal opportunities for Roma/Gypsies on the labour market particularly through non-discriminatory policies and approaches on the part of national employment services. 

13.       Where they exist, national action plans for employment should pay particular attention to the labour market problems of Roma/Gypsies and include specific measures to improve their situation.

14.       The composition of central, regional and local government should reflect the structure of the communities that it serves, including Roma/Gypsies.

15.       The employment of Roma/Gypsies at all levels of the public sector should therefore be promoted and partnerships with local Roma/Gypsies be established, in order to provide them with on-the-job training. If necessary, strategies need to be developed to improve the employment potential of Roma/Gypsies through training in generic skills.

16.       Central, regional and local authorities should exercise their power to achieve a similar goal in the private sector, for example, in the framework of labour policy measures, tax relief could be granted to private-sector employers who offer work experience and placement opportunities to Roma/Gypsies.

17.       Particular emphasis should be placed on providing Roma/Gypsy women with opportunities to enter in the labour market and to gain access to income-generating and self-employment activities that would interest them.

III.      Income-generating activities

18.       Governments should remove barriers to the creation of small businesses in order to enable the development of Roma/Gypsy small and/or family enterprises.

 

19.       Governments should also set up a legal framework for social enterprises, which can often provide a means of labour market and economic integration for excluded groups.

20.       The development of income-generating activities by Roma/Gypsies should be supported by the following principles: partnerships between Roma and non-Roma NGOs, a bottom-up approach to policy and programme design, wide participation of all parties concerned, Roma and non-Roma co-operation, equal opportunities between women and men, accountability and transparency.

21.       Central and local government and administrations should be aware of the possibilities for Roma/Gypsies to generate income in the fields of provision of services and production (including tourism, recreation, culture, transport, environmental repair, new aspects of recycling and disposal, agriculture and animal husbandry, etc.).

22.       Governments should support the establishment of intermediary structures for initiatives at local level by providing assistance in research and assessment of local needs and resources, project development and management of business initiatives.

23.       Authorities should offer incentives to encourage public services to sign contracts with Roma/Gypsy businesses to provide services.

24.       Central and local authorities should support the introduction and development of local exchange and trading systems, credit unions and other alternative financial instruments.

25.       Local authorities and NGOs should be encouraged to promote the creation of sustainable networks between industry and Roma/Gypsy projects, both at regional or national and at European levels.

26.       Access of Roma/Gypsy trading organisations to foreign markets by co-operation with fair trade organisations should be promoted.

27.       Governments should guarantee a fair stake in all privatisation processes to Roma/Gypsies, for example by facilitating effective and legal access to land for agricultural activities by setting up community land trusts.

IV.       Financial instruments

28.       Governments should be encouraged to provide long-term budgetary support for Roma/Gypsy development and income-generating programmes.

29.       Financing strategies should include the support of Roma and pro-Roma/Gypsy organisations operating in the field of employment and income-generating activities at local, regional, national and international level.

30.       Member states should participate in bilateral and multilateral exchanges and European and international development programmes targeting Roma/Gypsies in central and eastern European countries (and where possible making financial contributions to them).

31.       Central and local agencies should be given the necessary legal and budgetary means to support Roma/Gypsy community development initiatives.

32.       International funding channels, such as the European Union, the World Bank, the Development Bank of the Council of Europe, the Stability Pact for South Eastern Europe and the UNDP, play an important role in providing resources, including grants and loans, for new policies and programmes. Funding projects should foster Roma participation, co-operation between government and civil society, the decentralisation of public administration sectors, and the provision of services by NGOs. Funding channels should also introduce some flexibility into their conditions in order to promote the development of community programmes and income-generating activities.

V.        Training and education

33.       Governments should introduce positive incentives such as grants and mentoring support to encourage young Roma/Gypsies to complete their secondary education and to attend higher education institutions or take up apprenticeships. They should also consider means to improve low levels of qualification and participation in higher education on the part of Roma/Gypsies.

34.       Anti-discrimination training of persons involved in recruitment decisions in the private and public sectors and in national employment services should be encouraged. Training should combine information on statutory obligations and on good practices in governmental and company policies, with respect to equal treatment.

35.       Roma/Gypsy culture and identity should be introduced as an integral part of the design and delivery of vocational education. For example, a system of accreditation should be developed for skills in traditional crafts and trades and regarded as equivalent to official qualification standards.

36.       Vocational training programmes for Roma/Gypsies should respond to local or regional needs, for instance the improvement of Romani neighbourhoods, and to employment opportunities. Preference should be given to on-the-job training and product development. Market research should be part of the training.

37.       Employment programmes  (also referred to as public support programmes), including adult literacy training, should include the enhancement of skills and training as an integral part of their design to help improve the long-term employment prospects of participants.

38.       The authorities should promote the recognition of skills and economic contributions of Roma/Gypsy communities (see paragraph 11).

39.       Governments should set up qualification programmes targeting young Roma/Gypsies in the field of new technologies and knowledge.

40.       Central and local authorities should support local leadership training for Roma/Gypsies, including economic, business, and management dimensions.

VI.       Information, research and assessment

41.       Roma/Gypsies should be given information about their rights and responsibilities in the employment field, about the different forms of help available from administrative bodies and about the functioning of social protection systems. Such information, which should be provided by public administrative bodies in co-operation with NGOs, should enhance the social and economic integration of Roma/Gypsies.

42.       The member states should encourage innovative small-scale projects and research, in order to find local responses to local needs using available local potential, in co-operation with the appropriate bodies and individuals.

43.       Labour market and economic development policies and programmes should be carefully monitored and evaluated. The evaluation of their impact on Roma/Gypsy communities should not only be limited to business success but also consider the wider implications for Roma communities.

44.       A clear statement of objectives and the establishment of evaluation procedures are important factors in determining programme success. These elements should be included in the design phase of programmes.

45.       Examples of good practice and successful instruments and tools should be documented and disseminated nationally and internationally.


COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Recommendation No R (2000) 4

of the Committee of Ministers to member states

on the education of Roma/Gypsy children in Europe

(Adopted by the Committee of Ministers on 3 February 2000

at the 696th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members and that this aim may be pursued, in particular, through common action in the field of education;

 

Recognising that there is an urgent need to build new foundations for future educational strategies toward the Roma/Gypsy people in Europe, particularly in view of the high rates of illiteracy or semi-literacy among them, their high drop-out rate, the low percentage of students completing primary education and the persistence of features such as low school attendance;

Noting that the problems faced by Roma/Gypsies in the field of schooling are largely the result of long-standing educational policies of the past, which led either to assimilation or to segregation of Roma/Gypsy children at school on the grounds that they were "socially and culturally handicapped";

Considering that the disadvantaged position of Roma/Gypsies in European societies cannot be overcome unless equality of opportunity in the field of education is guaranteed for Roma/Gypsy children;

Considering that the education of Roma/Gypsy children should be a priority in national policies in favour of Roma/Gypsies;

Bearing in mind that policies aimed at addressing the problems faced by Roma/Gypsies in the field of education should be comprehensive, based on an acknowledgement that the issue of schooling for Roma/Gypsy children is linked with a wide range of other factors and pre-conditions, namely the economic, social and cultural aspects, and the fight against racism and discrimination;

Bearing in mind that educational policies in favour of Roma/Gypsy children should be backed up by an active adult education and vocational education policy;

Considering that, as there is a text concerning the education of Roma/Gypsy children for member states of the European Union (Resolution of the Council and of the Ministers of Education meeting with the Council on School Provision for Gypsy and Traveller Children, of 22 May 1989; 89/C 153/02), it is urgently necessary to have a text covering all of the member states of the Council of Europe;

Bearing in mind the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages;

Bearing in mind Recommendations 563 (1969) and 1203 (1993) of the Parliamentary Assembly of the Council of Europe in which mention is made of the educational needs of Roma/Gypsies in Europe;

Bearing in mind Resolutions 125 (1981), 16 (1995) and 249 (1993) and Recommendation 11 (1995) of the Congress of Local and Regional Authorities of Europe on the situation of Roma/Gypsies in Europe;

Bearing in mind General Policy Recommendation No. 3 of the European Commission against Racism and Intolerance on "Combating racism and discrimination against Roma/Gypsies in Europe";

Bearing in mind the work carried out by the Council for Cultural Co-operation (CDCC) to respond to Resolution 125 (1981), and in particular, the publication of the report "Gypsies and Travellers" (1985), updated in 1994 ("Roma, Gypsies, Travellers", Council of Europe Publishing);

Having welcomed the memorandum prepared by the Specialist Group on Roma/Gypsies entitled “Roma Children Education Policy Paper: Strategic Elements of Education Policy for Roma Children in Europe"  (MG-S-ROM (97) 11),

Recommends that in implementing their education policies the governments of the member states:

- be guided by the principles set out in the appendix to this Recommendation;

- bring this Recommendation to the attention of the relevant public bodies in their respective countries through the appropriate national channels.


Appendix to Recommendation No. R (2000) 4

Guiding principles of an education policy

for Roma/Gypsy children in Europe

I. Structures

1. Educational policies for Roma/Gypsy children should be accompanied by adequate resources and the flexible structures necessary to meet the diversity of the Roma/Gypsy population in Europe and which take into account the existence of Roma/Gypsy groups which lead an itinerant or semi-itinerant lifestyle. In this respect, it might be envisaged having recourse to distance education, based on new communication technologies.

2. Emphasis should be put on the need to better co-ordinate the international, national, regional and local levels in order to avoid dispersion of efforts and to promote synergies.

3. To this end member states should make the Ministries of Education sensitive to the question of education of Roma/Gypsy children.

4. In order to secure access to school for Roma/Gypsy children, pre-school education schemes should be widely developed and made accessible to them.

5. Particular attention should also be paid to the need to ensure better communication with parents, where necessary using mediators from the Roma/Gypsy community which could then lead to specific carreer possibilities. Special information and advice should be given to parents about the necessity of education and about the support mechanisms that municipalities can offer families.  There has to be mutual understanding between parents and schools.  The parents’ exclusion and lack of knowledge and education (even illiteracy) also prevent children from benefiting from the education system.

6. Appropriate support structures should be set up in order to enable Roma/Gypsy children to benefit, in particular through positive action, from equal opportunities at school.

7. The member states are invited to provide the necessary means to implement the above-mentioned policies and arrangements in order to close the gap between Roma/Gypsy pupils and majority pupils.

II. Curriculum and teaching material

8. Educational policies in favour of Roma/Gypsy children should be implemented in the framework of broader intercultural policies, taking into account the particular features of the Romani culture and the disadvantaged position of many Roma/Gypsies in the member states.

9. The curriculum, on the whole, and the teaching material should therefore be designed so as to take into account the cultural identity of Roma/Gypsy children. Romani history and culture should be introduced in the teaching material in order to reflect the cultural identity of Roma/Gypsy children. The participation of representatives of the Roma/Gypsy community should be encouraged in the development of teaching material on the history, culture or language of the Roma/Gypsies.

10. However, the member states should ensure that this does not lead to the establishment of separate curricula, which might lead to the setting up of separate classes.

11. The member states should also encourage the development of teaching material based on good practices in order to assist teachers in their daily work with Roma/Gypsy pupils.

12. In the countries where the Romani language is spoken, opportunities to learn in the mother tongue should be offered at school to Roma/Gypsy children.

III. Recruitment and training of teachers

13. It is important that future teachers should be provided with specific knowledge and training to help them understand better their Roma/Gypsy pupils. The education of Roma/Gypsy pupils should however remain an integral part of the general educational system.

14. The Roma/Gypsy community should be involved in the designing of such curricula and should be directly involved in the delivery of information to future teachers.

15. Support should also be given to the training and recruitment of teachers from within the Roma/Gypsy community.

IV. Information research and assessment

16. The member states should encourage innovative research/small-scale action projects in order to find local responses to local needs. The results of such projects should be disseminated.

17. The results of educational policies for Roma/Gypsy pupils should be carefully monitored. All the participants involved in the education of Roma/Gypsy children (school authorities, teachers, parents, non-governmental organisations) should be invited to take part in the monitoring process.

18. The evaluation of the results of educational policies towards Roma/Gypsy children should take account of many criteria, including personal and social development, and not be limited to estimates of school attendance and drop-out rates.

V. Consultation and co-ordination

19. The involvement of all parties concerned (ministry of education, school authorities, Roma families and organisations) in the design, implementation and monitoring of education policies for Roma/Gypsies should be promoted by the state.

20. Use should also be made of mediators from within the Roma/Gypsy community, in particular to ease the contacts between Roma/Gypsies, the majority population and schools and to avoid conflicts at school; this should apply to all levels of schooling.

21. The Ministries of Education, in the framework of the awareness-raising action mentioned in point I, paragraph 3, above should facilitate the co-ordination of the efforts of the different parties involved and permit the channelling of information between the different levels of education authorities.

22. Member states should further encourage and support the exchange of experience and good practice.

COUNCIL OF EUROPE


COMMITTEE OF MINISTERS

Recommendation CM/Rec(2009)4
of the Committee of Ministers to member states
on the education of Roma and Travellers in Europe

(Adopted by the Committee of Ministers on 17 June 2009

at the 1061st meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members and that this aim may be pursued, in particular, through common action in the field of education;

Bearing in mind that special attention needs to be given to ensuring that Roma and Travellers fully enjoy equal rights, as specified in the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5), in particular in Article 14 (Prohibition of discrimination), in the 1952 Protocol thereto (ETS No. 9), in particular in its Article 2 (Right to education), and in the 2000 Protocol No. 12 thereto (ETS No. 177), in the 1995 Framework Convention for the Protection of National Minorities (ETS No. 157), in the 1992 European Charter of Regional or Minority Languages (ETS No. 148), in the 1961 European Social Charter (ETS No. 35), as well as in the 1989 United Nations Convention on the Rights of the Child;

Recalling its Recommendation No. R (2000) 4 on the education of Roma/Gypsy children in Europe and its implementation through the Steering Committee for Education (CDED) project “Education of Roma children in Europe” (2002-2009);

Having regard to its Recommendation Rec(2001)15 on history teaching in 21st century Europe;

Recalling its Recommendation CM/Rec(2008)5 on policies for Roma and/or Travellers in Europe;

Considering the statements included in the Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005) and in the Final Declaration of the 22nd session of the Standing Conference of the Ministers of Education, on “Building a more humane and inclusive Europe: role of education policies” (Istanbul, 4-5 May 2007);

Recalling the General Policy Recommendation No. 3 of the European Commission against Racism and Intolerance (ECRI) on combating racism and intolerance against Roma/Gypsies (6 March 1998), as well as the General Policy Recommendations No. 7 on national legislation to combat racism and racial discrimination (13 December 2002) and No. 10 on combating racism and racial discrimination in and through school education (15 December 2006);

Considering the recommendations and policy orientations included in the White Paper on Intercultural Dialogue “Living together as equals in dignity”, launched at the 118th Session of the Committee of Ministers (Strasbourg, 7 May 2008);

Taking into consideration the weight of centuries-old discrimination and rejection of Roma and Travellers and the persistence of widespread inequalities and difficulties in the field of education that affect Roma and Traveller children across Europe;

Noting that the problems faced by Roma and Travellers in the field of schooling are also the result of long‑standing educational policies of the past, which can lead either to assimilation or to segregation of Roma and Traveller children at school on the grounds that they were “socially and culturally handicapped”;

Condemning the existence of situations of de facto segregation in schooling, as recalled by recent judgments of the European Court of Human Rights concerning the education of Roma children;

Considering that the disadvantaged position of Roma and Travellers in European societies cannot be overcome unless access to quality education is guaranteed for Roma and Traveller children;

Taking into consideration the new challenges raised by the recent intra-European migration phenomenon, that engages numerous Roma children in temporary or permanent residence in other member states, with negative consequences for access to education and recognition of acquired competencies;

Emphasising the need for a holistic approach, in particular in the fields of health care and housing, focused on providing full access to human rights, while compensating the effects of social inequalities, combating racism and discrimination and promoting respect for cultural specificities;

Recognising the progress made in this field at national, regional and European levels, including the mentioning of education as a key area of action in the countries that have elaborated national strategies for the improvement of the situation of Roma, and the commitments expressed by a dozen member states in the framework of the Decade of Roma Inclusion (2005-2015);

Appreciating the important contribution of the Steering Committee for Education (CDED) project “Education for Roma children in Europe” (2002-2009), in terms of facilitating European-level exchanges among key stakeholders and of delivering concrete instruments for policy development and educational practice,

1.         Recommends that the governments of member states, with due regard for their constitutional structures, national or local situations and educational systems:

a.         draw on the principles set out in the appendix to this recommendation in their current or future educational reforms;

b.         elaborate, disseminate and implement education policies focusing on ensuring non-discriminatory access to quality education for Roma and Traveller children, based on the orientations set out in the appendix to this recommendation;

c.         bring this recommendation to the attention of the relevant public bodies in their respective countries through the appropriate national and linguistic channels;

d.         ensure, through local and regional authorities, that Roma and Traveller children are effectively accepted in school;

e.         monitor and evaluate the implementation of the provisions of this recommendation into their policies, and inform the Steering Committee for Education of the measures undertaken and progress achieved.

2.         Calls on the Secretary General of the Council of Europe to bring this recommendation to the attention of the States Parties to the 1954 European Cultural Convention (ETS No. 18) that are not members of the Council of Europe.


Appendix to Recommendation CM/Rec(2009)4 on the education of Roma and Travellers in Europe

I.         Principles of policies

1.         Educational policies aiming at ensuring non-discriminatory access to quality education for Roma and Traveller children should be devised at national level. These policies should be formulated with a view to guaranteeing access to quality education with dignity and respect, based on the principles of human rights and on the rights of the child. Existing educational policies need to be reviewed to identify actual and potential hindrances preventing Roma and Traveller children from enjoying full rights in the field of education.

2.         In consultation with the national/international Roma and Travellers stakeholders, educational policies should include references to Roma and Travellers as part of wider recognition of cultural and/or linguistic diversity and should, where appropriate, provide opportunities for Roma and Traveller children to benefit from instruction in/of their mother tongue, based on the principles set out in the Framework Convention for the Protection of National Minorities and in the European Charter for Regional or Minority Languages.

3.         The whole cycle of policy making should be taken into account when designing or adapting educational policies for Roma and Travellers. Balanced attention should be placed on needs assessment as well as policy design, implementation, monitoring and evaluation, while effective Roma and Traveller participation should be enhanced at all levels and in all phases of the policy cycle.

4.         Educational policies for Roma and Traveller children should be accompanied by adequate resources and the flexible structures necessary to accommodate the diversity of the Roma and Traveller communities in Europe and which take into account, where appropriate, the existence of groups leading a nomadic or semi-nomadic lifestyle.

5.         Member states should ensure that legal measures are in place to prohibit segregation on racial or ethnic grounds in education, with effective, proportionate and dissuasive sanctions, and that the law is effectively implemented. Where de facto segregation of Roma and Traveller children based on their racial or ethnic origin exists, authorities should implement desegregation measures. Policies and measures taken to fight segregation should be accompanied by appropriate training of educational staff and information for parents.

6.         Educational authorities should set up assessment procedures that do not result in risks of enrolling children in special-education institutions based on linguistic, ethnic, cultural or social differences but facilitate access to schooling. Roma and Traveller representatives should be involved in defining and monitoring these procedures.

7.         Member states should ensure effective co-ordination of educational policies with the policies in other sectors, including social policies, as well as with similar authorities in other countries.

8.         Special attention must be given to ensuring full access to all levels of education for Roma and Traveller children whose families have a nomadic way of life, are engaged in temporary migration or have been forced to quit their location of unauthorised encampment or forced to leave their countries or areas of origin, as well as for internally displaced persons or refugees.

II.        Structures and provision for access to education

9.         Roma and Travellers should be provided with unhindered access to mainstream education at all levels subject to the same criteria as the majority population. To accomplish this goal, imaginative and flexible initiatives should be taken as required in terms of educational policy and practice. Appropriate measures should also be taken to ensure equal access to educational, cultural, linguistic and vocational opportunities offered to all learners, with particular attention to Roma and Traveller girls and women.

10.       Attendance of preschool education for Roma and Traveller children should be encouraged, under equal conditions as for other children, and enrolment in preschool education should be promoted if necessary by providing specific support measures.

11.       Access of Roma and Traveller children to compulsory education should be facilitated and subject to the same criteria as the majority population, with particular emphasis on the transition from preschool to primary education, and from primary to secondary education. Special provisions for preventing school drop out and stimulating the return to school of those who did not finish compulsory education should be made available.

12.       Access of Roma and Travellers to vocational training should be adapted and supported through targeted measures and culturally sensitive adult education programmes should be implemented. Furthermore, in absence of diplomas, the validation of knowledge acquired by experience should be encouraged.

13.       Access to upper secondary and university education should be facilitated for Roma and Travellers.

14.       Schools should make strong efforts to engage Roma and Traveller parents in school-related activities in order to enhance mutual understanding. When involving parents, the school must respect their values and culture and acknowledge their contribution to the education of their children.

15.       School mediators and/or assistants recruited from Roma and Traveller communities should be employed to facilitate the relations between teachers and Roma or Traveller families, as well as between schools and the Roma or Traveller community. They should be provided with adequate training and support and be accepted as far as possible as full members of the school’s professional team.

III.      Curriculum, teaching material and teacher training

16.       Intercultural learning and combating racism and discrimination should be explicitly recognised as priorities of the education process and should be a key element of school ethos. Curriculum, textbooks and other support materials should promote intercultural dialogue and raise awareness on stereotypes, prejudices and discrimination in general including against Roma and Travellers.

17.       Roma history and culture should be appropriately reflected in the general curriculum, including teaching about the Roma extermination as part of the Holocaust/genocide of Roma.

18.       In accordance with the provisions of the Framework Convention for the Protection of National Minorities (1995) (ETS No. 157) and of the European Charter for Regional or Minority Languages (1992) (ETS No. 148), curriculum and teaching materials should be made available, where appropriate, for Roma and Traveller children (and other children by choice) to learn their language, history and culture.

19.       Educational authorities should ensure that all teachers, and particularly those working in ethnically mixed classes, receive specialised training on intercultural education, with a special regard to Roma and Travellers. Such training should be included in officially recognised programmes and should be made available in various forms, including distance and online learning, summer schools, etc.

20.       Teachers working directly with Roma and Traveller children should be adequately supported by Roma or Traveller mediators or assistants and should be made aware that they need to engage Roma and Traveller children more in all educational activities and not de-motivate them by placing lower demands upon them and encourage them to develop their full potential.

21.       Good practices based on an integrated whole-school approach, including training for school managers, teachers, mediators or assistants, activities targeting parents, measures to stimulate school participation at all levels, to prevent and combat segregation and discrimination in general, and to promote effective intercultural dialogue in the local community, should be taken as references and expanded.

IV.      European exchanges, sharing experiences and good practices

22.       All stakeholders involved in the design and implementation of educational policies aiming at providing non-discriminatory access to quality education for Roma and Traveller children, including policy makers, curriculum and textbook authors, inspectors, teachers, mediators and assistants, should be given opportunities to participate in national and European exchanges.

23.       Scholarships should be provided for Roma students, as well as teachers and teacher assistants who would be able to teach the Romani language.

24.       Opportunities for the exchange of good practices and materials in the field of education for Roma and Traveller children should be given to educational professionals and to representatives of Roma and Traveller organisations concerned.

25.       The materials elaborated in the Council of Europe project “Education for Roma Children in Europe” (2002-2009), such as the collection of pedagogical fact sheets on Roma history, the teaching kit, the guide for Roma school mediators or assistants, and the reference framework for educational policies in favour of Roma, Sinti and Travellers, as well as other tools developed by other Council of Europe sectors, such as the framework curriculum for the Romani language or the kit for combating prejudices and stereotypes that was produced in the framework of the Dosta! awareness-raising campaign, should be widely disseminated and used in implementing the above-mentioned provisions.

26.       Education authorities in member states should support the development of co-ordinated and integrated approaches at European level in this field, as well as increased synergy among different international and European organisations.


COUNCIL OF EUROPE                                 bb17a17e-5308-4fc0-929d-5c4baf3ab99d?t=1371222816000?t=1371222816000

COMMITTEE OF MINISTERS     

                                                              

Recommendation CM/Rec(2012)9
of the Committee of Ministers to member States
on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma[3]

(Adopted by the Committee of Ministers on 12 September 2012
at the 1149th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members, and that this aim may be pursued, in particular, through common action in the field of human rights and social cohesion, which form core values and objectives of the Council of Europe;

Recognising that Roma have faced, for more than five centuries, widespread and enduring discrimination, rejection and marginalisation across Europe and in all areas of life;

Aware that discrimination and social exclusion can be overcome most effectively by comprehensive, coherent and proactive policies targeting both the Roma and the majority, which ensure integration and participation of Roma in the societies in which they live and respect for their identity, and recognising that mediation can be a useful tool for improving Roma inclusion;

Considering that all human rights are universal, indivisible, interdependent and interrelated and that economic and social rights are human rights, and should be supported by concrete community and governmental efforts to ensure they are equally accessible to members of the most deprived and disadvantaged groups and communities;

Recalling its previous recommendations[4] which advocated the use of Roma mediators to improve communication and relations between Roma and public institutions, which in turn can help overcome barriers to social inclusion and effective access of human rights, as well as improve access of Roma to public services;

Bearing in mind the Strasbourg Declaration on Roma, adopted at the High-Level Meeting of Council of Europe member States on 20 October 2010, which refers to mediation in the context of education, employment and healthcare and expresses the agreement of member States to set up a European Training Programme for Roma mediators;

Noting that recourse by municipalities and regions to Roma mediators is among the measures called for in Resolution 333 (2011) of the Congress of Local and Regional Authorities on “The situation of Roma in Europe: a challenge for local and regional authorities”, and in the Final Declaration of the Summit of Mayors on Roma, organised by the Congress on 22 September 2011;

Drawing on the positive experience of the ROMED programme “Intercultural mediation for Roma communities”, implemented from 2011 as a joint action of the Council of Europe and the European Union, which provides important lessons on how to achieve effective intercultural mediation between Roma communities and public institutions;

Welcoming the co-operation between the Council of Europe and the European Union in promoting effective mediation with Roma communities and encouraged by the fact that such mediation, even if different names are used,[5] is practised more and more widely in member States and increasingly explicitly supported in national strategies and action plans for Roma inclusion;

Convinced of the important benefits resulting from employment of persons with a Roma background to act as mediators between Roma communities and public institutions, notably in terms of improved school attendance and access to quality education, improved access to healthcare and other public services, along with better communication between members of Roma communities and public institutions;

Stressing the importance of respecting gender equality when having recourse to mediators and noting that the gender of mediators may be relevant to the effectiveness of their work in some situations;

Noting that experience has shown the importance of ensuring that mediation produces the desired results without unwanted negative side-effects;

Considering, therefore, that it is useful and timely, given the growing recourse by member States to mediation with Roma communities and based on the experience gained with it, to promote a common understanding of some basic principles that can help make such mediation effective and maximise its impact,

Recommends that the governments of member States, with due regard for their constitutional systems and, where appropriate, to their respective national, regional and local circumstances:

1.            develop and maintain an effective system of quality mediation with Roma communities based on the following principles:

a.            human rights: the full enjoyment of human rights of members of Roma communities without any form of discrimination is an essential principle underpinning and governing such mediation; this implies that mediation should aim at empowerment of Roma to exercise their rights and increased capacity of public institutions to guarantee these rights in practice, not at rendering or keeping Roma or public institutions dependent on mediation;

b.            systematic consultation, participatory planning and evaluationallowing the members of Roma communities to express their needs and concerns, and to be actively involved in finding the most appropriate solutions to the problems facing their local community in co-operation with representatives of the public institutions;

c.            intercultural sensitivity, non-violent communication and conflict mediation, based on good knowledge of the “cultural codes” of the community and of the relevant institutions;

d.            impartiality: the mediator should work, and be able to work, in a balanced way with both the public institution and members of Roma communities to help overcome cultural and status differences and focus on improving communication and co-operation and on stimulating both parties to take responsibilities and engage with each other; legitimate interests of both parties should be recognised;

2.            recognise the importance of professional self-regulation by mediators themselves such as the European Code of Ethics for mediators[6] published by the Council of Europe and the European Union, for setting out a clear understanding of the mediators’ role and responsibilities and encourage public authorities at all levels to respect them, including in employment contracts for mediators, in particular by refraining from interfering with the responsibilities of mediators or requesting them to undertake actions that are not within their responsibilities;

3.            ensure or, in situations where the State has no direct responsibility, encourage that:

- official recognition to the professional status of mediators is given, taking measures, where necessary, to render the employment of mediators more stable, and ensure fair remuneration and adequate working conditions;

- certification or accreditation of initial and in-service training programmes for Roma mediators is provided on the basis of the principles set out in paragraph 1 of this recommendation;

- the professional expertise gained by mediators is recognised so as to enhance their career perspectives;

- opportunities for networking and regular peer support among Roma mediators are provided and that the participation of various professionals working with them (trainers, supervisors, etc.) is stimulated;

4.            promote a favourable environment at local level for the work of mediators, notably by increasing the capacity of local and regional authorities to develop and implement effective policies for Roma integration, where appropriate, in close co-operation with other member States, the Council of Europe, and other international organisations active in this field, including the European Union and the OSCE.



[1]. The definition of ‘Roma and Travellers’ is taken from the glossary on Roma-related terminology used at the Council of Europe. The definition of key terms from “policy” to “evaluation” is primarily based upon the Manual on Project Cycle Management published by the European Commission in March 2001. Definitions of ‘dissemination’ and ‘mainstreaming’ are taken from the Dutch folder of the Agency of Social Affairs “How to plan the dissemination and mainstreaming of the project, Guidelines for EQUAL, 2004).

[2]. The following recommendations apply only to areas not covered by state reports submitted under binding instruments, such as the Framework Convention for the Protection of National Minorities or the European Charter for Regional or Minority Languages.

1. The present recommendation covers Roma/Gypsies and Travellers, to be referred to as Roma/Gypsies in the text.

[3] The term “Roma” used at the Council of Europe refers to Roma, Sinti, Kale and related groups in Europe, including Travellers and the Eastern groups (Dom and Lom), and covers the wide diversity of the groups concerned, including persons who identify themselves as Gypsies.

[4] See Recommendations CM/Rec(2009)4 on the education of Roma and Travellers in Europe, CM/Rec(2008)5 on policies for Roma and/or Travellers in Europe, Rec(2006)10 on better access to health care for Roma and Travellers in Europe and Rec(2000)4 on the education of Roma/Gypsy children in Europe.

[5]The terminology used for persons carrying out mediation (whether as their sole task or as one task among others) varies from one country to another: mediators, facilitators, assistants, social workers, community facilitators, community mediators, pedagogical assistants, etc.