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European
Migration Policies Discriminate Against Roma People
BY
THOMAS HAMMARBERG (IDN)
STRASBOURG
(IDN) - European governments are not giving Roma migrants the same
treatment as others who are in similar need of protection. Roma migrants
are returned by force to places where they are at risk of human rights
violations.
In Germany, Austria and “the former Yugoslav Republic of Macedonia”,
large numbers of Roma migrants have been given tolerated status,
essentially a form of temporary protection against expulsion. It does
not confer residence or social rights. An example of this is the German
“duldung” status.
There are credible allegations that Roma from outside the EU are more
likely to be provided with “duldung” status rather than a more
durable status, compared with non-Roma third country nationals.
These aspects were examined in a study (“Recent Migration of Roma in
Europe”) published jointly by me and Knut Vollebeck, the OSCE High
Commissioner on National Minorities in April 2009.
The study provides an analysis of the existing human rights standards on
migration in Europe and highlights discriminatory practices that Roma
migrants still face. It concludes with a set of recommendations for
action by member states in order to enhance effective protection of the
human rights of Roma migrants in Europe.
I have had to deal with this issue with respect to the forced returns of
Roma, Askhali and Egyptians to Kosovo. After a visit there in March 2009
I published a report which concluded that Kosovo does not have the
infrastructure that would allow a sustainable reintegration of the
returnees. This went all the more for the Roma.
Another visit there in mid-February convinced me that this continues to
be the case. In Kosovo itself there are still about 20.000 internally
displaced persons since 1999 who have not been able to return to their
original habitats since 1999. The unemployment rate in Kosovo is about
fifty per cent and there is just not sufficient capacity now to give a
further number of returnees humane living conditions.
The reintegration strategy endorsed by the authorities in Pristina is
not being implemented, the responsible actors at the municipal level are
not aware of their responsibilities and there is not even a budget
allocated for the strategy.
Of particular concern is the fact that some Roma who have been forcibly
returned have ended up in the lead-contaminated camps of Česmin
Lug and Osterode in northern Mitrovica, inhabited for a decade now by
Roma families, including children, with deeply serious effects on their
health.
Though there are now, at long last, plans to move the camp inhabitants
to a less hazardous environment, the Roma and Askhali families living
there are in desperate need of prompt rescue and intensive health care.
They should not have to wait any longer.
The offer to them must also respond to their fear for their own safety
-- they have not forgotten the events of 1999 when they were chased away
-- and to their concern about schooling for their children in a language
they understand. Also, there should be a possibility to find jobs. This
should be the priority, also for the international community which has
part of the responsibility for the present crisis.
The relationship between the Kosovo authorities and the European
governments is not one between equal partners, it is in fact widely
asymmetric. When the reception of returnees is made a condition for
talks about visa liberalisation or opening for other privileges, the
authorities in Pristina have to give in and the fate of the refugees
becomes secondary.
This raises questions about the readmission agreements now requested by
European governments. My conclusion has been that for the moment only
voluntary returns – genuinely voluntary -- should be pursued.
During 2009 more than 2600 forcible returns took place. Of these, 429
related to Roma and Askhali. The majority of them came from Germany,
Sweden, Austria and Switzerland. Preparations are being made to increase
the rate of returns.
Individual assessments of the protection needs should of course also be
applied also in these cases. However, such testing must consider the
particularly vulnerable situation of Roma-Ashkali in Kosovo today.
In general, European governments seem not to accept that Roma could have
protection needs. In the European Union the policy is that all EU member
states shall be considered “safe countries of origin” in respect of
each other in asylum matters. Consequently, a citizen of one EU member
state may not be granted international protection in another EU member
state.
It may be sobering to learn that whereas Roma from Hungary have been
refused asylum in France, for instance, Roma individuals from the same
country -- and from the Czech Republic - have sought and been granted
asylum in Canada.
The agreed Directives within the EU do not support Roma rights in
reality. In practice, the ‘Free Movement Directive’ impacts
differently on Roma than on other EU citizens. It provides that every EU
citizen has the right to reside in any EU member State for a period of
three months without any other requirement than a valid passport. For
longer periods of stay, however, the person concerned must prove that
s/he is not a burden to the host State, through either employment or
adequate financial resources. A majority of Roma cannot fulfill this
requirement.
Also, the protective provisions of the "Free Movement
Directive" are breached much more easily in respect of Roma than
any other identifiable group. Expulsions of Roma have been carried out
in contravention of EU law. In other cases destruction of Roma dwellings
has been used as a method to persuade Roma to leave “voluntarily”.
Discrimination of Roma in migration policies has met with little or no
opposition in almost every country. This may not be surprising in view
of the lingering anti-Gypsyism in large parts of Europe.
However, it is high time to review the approach.
To push Roma families between countries, as now happens, is inhumane. It
victimizes children -- many of whom were born and grown up in the host
countries before they were deported.
The return policy is also ineffective. Of those forcibly returned to
Kosovo no less than 70-75 per cent could not reintegrate there and moved
to secondary replacement or went back to the deporting countries through
illegal channels.
Expulsions between EU countries have also failed in a great number of
cases as the Roma have used their right as EU citizens to move within
the European Union area.
States now spending considerable amounts to return Roma to their
countries of origin, would make better use of this money by investing in
measures to facilitate these persons’ social inclusion in their own
societies.
[Source:
IDN-InDepthNews
| Analysis That Matters]
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Thomas
Hammarberg is Commissioner for Human Rights of the Council of
Europe. This viewpoint is also available at the Commissioner's website
at http://www.commissioner.coe.int
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