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A. Draft
resolution
(open)
Report | Doc. 12386 | 05 October 2010
Recent rise in national security discourse in Europe: the case of Roma
Committee on Political Affairs and Democracy
Summary
The report details the rise in use of anti-Roma rhetoric, associating Roma with crime and trafficking over recent months. At the same time, there has been a toughening of security policies and measures directly targeting the Roma, such as the dismantling of their settlements and waves of repatriation of Roma migrants to their countries of origin.
Faced with a surge in criminality, authorities in many Council of Europe member states feel obliged to strengthen policies aimed at protecting public order and personal security of all people within their territory. The report stresses, however, that a clear distinction must be made in political discourse between individuals who have committed crimes and entire groups of people, such as Roma or any other minority or migrant group. Politicians have a special responsibility to eliminate negative stereotyping or stigmatising of any minority or migrant group from political discourse. They should promote a message of non-discrimination, tolerance and respect for people from different backgrounds.
The Political Affairs Committee welcomes and supports the Secretary General’s initiative to convene a high-level meeting to agree measures to improve the situation of Roma throughout Europe and invites him to inform the Parliamentary Assembly about the outcome of it at the earliest opportunity. It proposes to continue to monitor carefully the situation of Roma in Europe, in the light also of the outcome of this event.
A. Draft
resolution 
(open)1. The Parliamentary Assembly is appalled that, just
a few weeks after it adopted Resolution
1740 (2010) on the situation of Roma in Europe and relevant
activities of the Council of Europe, calling on member states to
improve the situation of Roma and ensure the full respect of their
fundamental rights, politicians in several Council of Europe member
states, have resorted to anti-Roma rhetoric, associating Roma with
crime and trafficking. This has led to the toughening of security
policies and measures directly targeting the Roma, such as the dismantling
of their settlements and waves of repatriation of Roma migrants
to their countries of origin.
2. The Assembly shares the concerns expressed on this occasion
by its President, the Council of Europe Commissioner for Human Rights
and the European Commission against Racism and Intolerance (ECRI),
the United Nations, the European Union and other international organisations,
as well as by human rights defenders and the media. It notes in
this respect that the European Commission is currently assessing compliance
with European Union law by several European Union member states.
3. For its part, the Assembly is particularly worried that, as
public security takes an increasingly prominent place in political
debates, notably as a consequence of the economic crisis, rising
unemployment and higher levels of crime, security discourse is increasingly
used in conjunction with discriminatory language which tends to
link insecurity with ethnic communities, including migrants, using
them as scapegoats, as has been the case recently with Roma.
4. While mainstream parties have long failed to anticipate or
face the challenges of public order and personal security, extremist
populist parties have sought to capitalise on society’s security
concerns by simply equating immigration with crime and insecurity.
5. The Assembly is particularly concerned about a dual trend
at present in Europe: on the one hand, extreme right-wing parties
are being elected into national parliaments in growing numbers;
on the other, mainstream parties, in an attempt to detract their
voters from turning to far-right parties and regain popular support,
are coining some of the radical, xenophobic and discriminatory language
of extremist parties.
6. Whilst the Assembly acknowledges that, faced with a surge
in criminality, authorities in many Council of Europe member states
feel obliged to strengthen policies aimed at protecting public order
and personal security of all people living within their territory,
it stresses that a clear distinction must be made in political discourse
between individuals who have committed crimes and entire groups
of people, such as Roma or any other minority or migrant group.
7. The Assembly strongly condemns as racist and xenophobic, and
therefore unacceptable in a democracy, the use of language stigmatising
Roma or any other minority or migrant group.
8. Politicians have a special responsibility to eliminate negative
stereotyping or stigmatising of any minority or migrant group from
political discourse. They should promote a message of non-discrimination,
tolerance and respect for people from different backgrounds.
9. Therefore, the Assembly reaffirms Council of Europe standards
and policy guidelines applicable to political discourse contained, inter alia, in the case law of the
European Court of Human Rights, the Committee of Ministers Recommendation
R (97 20 on “hate speech”, the ECRI general policy recommendations
and its 2005 Declaration on the use of racist, anti-Semitic and
xenophobic elements in political discourse, recommendations by the
Commissioner for Human Rights, as well as related documents of the
Venice Commission and its own Resolution
1345 (2003) on racist, xenophobic and intolerant discourse
in politics and Resolution
1754 (2010) on the fight against extremism: achievements,
deficiencies and failures, and calls on:
9.1. the Council of Europe member states to:
9.1.1. sign and ratify or otherwise
endorse, if they have not done so, and effectively implement in
their national law and practice the Council of Europe legal instruments
and standards, guidelines and policies relating to the prohibition
and prevention of hate speech and discrimination;
9.1.2. enforce national legislation on hate speech and discrimination;
9.1.3. ensure full compliance with human rights standards and
the principles of democracy and the rule of law when devising and
implementing policies aimed at protecting public order and personal
security of all people living within their territory, including
the principles of non-discrimination and proportionality;
9.2. public authorities and public institutions at the national,
regional and local levels, as well as officials to:
9.2.1. refrain from statements, in
particular to the media, which may reasonably be understood as hate
speech, or as speech likely to produce the effect of legitimising,
spreading or promoting racial hatred, xenophobia, or other forms
of discrimination or hatred based on intolerance;
9.2.2. publicly condemn and refute such statements whenever they
occur.
10. The Assembly reiterates the importance of the Charter of European Political Parties
for a Non-Racist Society, signed by its President and the President
of the European Parliament in 2003, and urges political parties,
political forces and political and public figures in member states,
international groupings of political parties, and its own members,
to commit themselves to:
10.1. adhering
to and actively implementing and promoting the principles contained
in the Charter;
10.2. actively contributing to combating attempts to stigmatise
and incite feelings of hostility towards any individual or group
of people on the basis of their race, ethnic origin, nationality,
religious beliefs or social origin;
10.3. combating any action or language likely to reinforce fears
and tensions between groups from different racial, ethnic, national,
religious or social backgrounds;
10.4. dealing responsibly and fairly with sensitive topics relating
to such groups;
10.5. refraining from using racist, xenophobic, aggressive nationalistic,
ethnocentric, or any other discriminatory discourse, or pursuing
such political agendas and dealing firmly with any racist sentiments and
behaviour within their own ranks.
11. Convinced of the particular responsibility incumbent upon
the media, the Assembly calls on them to:
11.1. refrain from disseminating messages which might feed animosity
towards individuals or groups of people belonging to an ethnic,
national, cultural, linguistic or religious community or minority,
or migrants, refugees, asylum seekers or people of immigrant origin;
11.2. avoid, when reporting on social or crime problems, selective
mentioning of ethnic or national origin, or the fact of belonging
to a religious, cultural or linguistic community or minority, of
those involved.
12. Reaffirming its Resolution
1740 (2010) and Recommendation
1924 (2010) on the situation of Roma in Europe and relevant
activities of the Council of Europe, adopted in June 2010, the Assembly:
12.1. welcomes and supports the initiative
by the Secretary General of the Council of Europe to call a high-level
meeting to agree measures to improve the situation of Roma throughout
Europe as a starting point for a joint effort by the European institutions
and the member states to tackle the matter in a sustainable and
constructive manner;
12.2. expresses its readiness to contribute to the success of
this high-level meeting by bringing in its own experience of dealing
with issues relating to the Roma and promoting implementation of
any adopted decisions;
12.3. invites the Secretary General of the Council of Europe
to inform the Assembly, at the earliest possible opportunity, about
the outcome of the high-level meeting;
12.4. resolves to continue to monitor carefully the situation
of Roma in Europe, in the light also of the outcome of the high-level
meeting.
B. Explanatory memorandum by Mrs Brasseur, rapporteur
(open)1. Introduction
1. Over the past few months, there has been intense
media coverage of the recent rise in security discourse with respect
to the Roma, following the decision taken by the French Government
to expel some Bulgarian and Romanian citizens and to dismantle illegal
Roma settlements. Similar measures have also been adopted in other
Council of Europe member states. The Political Affairs Committee
was particularly struck by the strong language and anti-Roma rhetoric
used by some politicians, associating Roma with crime and trafficking.
With this in mind, the committee sought an urgent debate to highlight
its concerns over the recent rise in security discourse in member
states directed against the Roma.
2. The objective of this report is not to revamp the excellent
work contained in Mr Berényi’s report on the situation of the Roma
in Europe and the relevant activities of the Council of Europe, which
was discussed in June 2010. My intention is to focus on the rise
of security rhetoric in member states. I understand that my colleagues
in the Committee on Legal Affairs and Human Rights and the Committee
on Migration, Population and Refugees will deal with issues around
the applicable human rights standards and the expulsion of Bulgarian
and Romanian citizens.
which
was discussed in June 2010. My intention is to focus on the rise
of security rhetoric in member states. I understand that my colleagues
in the Committee on Legal Affairs and Human Rights and the Committee
on Migration, Population and Refugees will deal with issues around
the applicable human rights standards and the expulsion of Bulgarian
and Romanian citizens. 3. I must insist on making it clear from the outset that France
is not the only country where such rhetoric has been employed. Politicians
in the Czech Republic, Denmark, Hungary, Italy and Sweden, among
others, have all come under the spotlight over anti-Roma security
discourses.
4. Nor are the Roma the only minority to have suffered from this.
The Assembly has been concerned for some time with the rise of extremism
and nationalistic rhetoric, which has targeted different minorities,
including migrants, across Europe. In his report on the fight against
extremism: achievements, deficiencies and failures, Mr Agramunt
has noted that there has been an increase in racist movements that
take the form of anti-Semitism, anti-Gypsyism, xenophobia or Islamophobia. Similarly,
in the report on democracy in Europe: crisis and perspectives, Mr
Gross remarked that “[p]opulist and extremist movements, as well
as identity and symbol politics and nationalistic rhetoric politics,
have been present for some time in…western European countries and have
been strengthened during the last two years under crisis conditions”. Mr
Zingeris noted, for his part, in his report on the political consequences
of the economic crisis that the crisis has led mainstream political parties
to borrow some of the radical and sometimes racist discourses of
extremist parties.
Similarly,
in the report on democracy in Europe: crisis and perspectives, Mr
Gross remarked that “[p]opulist and extremist movements, as well
as identity and symbol politics and nationalistic rhetoric politics,
have been present for some time in…western European countries and have
been strengthened during the last two years under crisis conditions”. Mr
Zingeris noted, for his part, in his report on the political consequences
of the economic crisis that the crisis has led mainstream political parties
to borrow some of the radical and sometimes racist discourses of
extremist parties. 2. Recent developments in Council of Europe member states
2.1. France
2.1.1. A change of policy or rhetoric?
5. It may be helpful to summarise the situation in France,
which first gave rise to the committee’s concerns, as well as provoking
reaction at the European Union and international levels. Out of
the approximately 400 000 people of traveller, Gypsy or Roma origin
in France, 10 000 to 12 000 are estimated to be migrants. Between 70%
and 80% are thought to have come from Romania, with the remainder
from Bulgaria or countries of the former Yugoslavia. As
European Union citizens, Roma from Bulgaria and Romania have the
right to live and work in France. However, under a special arrangement,
France is able to expel them after three months if they have not
found work.
As
European Union citizens, Roma from Bulgaria and Romania have the
right to live and work in France. However, under a special arrangement,
France is able to expel them after three months if they have not
found work. 6. On 17 and 18 July 2010, violent protests by travellers erupted
against the police in Saint-Aignan in the Loire Valley, after a
young male traveller in the passenger seat of a car was shot dead
by police officers. In response to these protests, the French President,
Nicolas Sarkozy, issued a communiqué on 29 July 2010 declaring unacceptable
the lawlessness that characterised the situation of the Roma population
coming from eastern Europe to France. He announced that the government
was going to dismantle 200 illegal Roma sites, which he described
as being a source of “illicit trafficking, profoundly unfit living
conditions, the exploitation of children for the purposes of begging,
prostitution or crime”. Furthermore, irregular migrants would be repatriated
to their countries of origin. The following day, the French President
made a speech in Grenoble, where he condemned criminality, gangs
and trafficking and reaffirmed the French Government’s decision
to repatriate irregular migrants and to look into withdrawing French
citizenship from migrants who commit certain crimes. He recommitted
to closing down half the 539 illegal Roma camps within three months.
7. At a press conference on 30 August, the Interior Minister,
Brice Hortefeux, said that there had been a 259% increase in the
number of crimes committed by Romanians in eighteen months. He further
stated that “Today, in Paris, the reality is that nearly one in
five thefts is carried out by a Romanian. There is no question of
stigmatising this or that population but nor is there a question
of closing our eyes to a reality.”
8. Since the French President’s speech, more than 355 traveller
camps have been evacuated, of which 199 were inhabited by Roma from
Bulgaria and Romania. Between
28 July and 27 August 2010, 98 Bulgarians and 881 Romanians were
returned to their countries of origin. The
French Government sought to facilitate reintegration by giving €300
for every repatriated adult and €100 per child. Nevertheless reintegration into
Bulgarian and Romanian society will be difficult. Many Roma left
in the first place to seek a better life and to escape discrimination
and poverty. Once repatriated, there is nothing to stop the Roma
returning to France and spending another three months in the country.
Between
28 July and 27 August 2010, 98 Bulgarians and 881 Romanians were
returned to their countries of origin. The
French Government sought to facilitate reintegration by giving €300
for every repatriated adult and €100 per child. Nevertheless reintegration into
Bulgarian and Romanian society will be difficult. Many Roma left
in the first place to seek a better life and to escape discrimination
and poverty. Once repatriated, there is nothing to stop the Roma
returning to France and spending another three months in the country. 9. On 31 August 2010, a circular sent from the Interior Ministry
to regional prefects was leaked to the press. The circular ordered
regional prefects to take steps “to dismantle 300 camps or illegal
settlements within three months, prioritising those of Roma”. It
had been signed by Michael Bart, Head of the Interior Minister’s
Private Office, on 5 August 2010. The government denied that any
minister had been shown the circular. It was immediately withdrawn
and a new one was issued on 13 September 2010.
10. The French Government claims that the vast majority of those
that have returned to Bulgaria and Romania have done so voluntarily,
requesting the financial assistance offered by the French Office
for Immigration and Integration. The government says that it wishes
to work with the governments of states such as Bulgaria and Romania
and with the European Commission to ensure the social integration
of the Roma in the countries of which they are citizens. It believes
that this is the only way to improve their living conditions.
11. The government further insists that it is operating within
European Union rules laid down in the Freedom of Movement Directive.
States are allowed to restrict the freedom of movement on the grounds
of public policy, security or health. They are also able to restrict
freedom of movement if the individual does not possess sufficient
resources so as not to impose an excessive burden on the host country’s
social welfare system. If someone is expelled for committing a crime,
the measure taken must be proportionate to the crime committed. It
is not my intention to verify the compatibility of the action taken
by the French Government with European Union law, this is for the
European Union institutions to do. That said, it would seem that
not everyone whom the government sought to repatriate has been found
guilty of committing a crime. Indeed, on 30 August 2010, an administrative
court in Lille overturned deportation orders issued against seven
Roma on the grounds that the authorities had failed to prove that
they were a threat to public order simply for living in illegal
Roma settlements.
12. The decision to close the camps and return Roma to their countries
of origin may not, in fact, be a great departure from practice over
recent years. Since 2003, when 2 000 Roma were expelled, France
has been evicting Roma from camps and expelling people in increasing
numbers. Following Bulgaria and Romania’s accession to the European
Union in 2007, the number of expulsions increased markedly. Last
year alone, 10 777 Romanians and 863 Bulgarians, most of whom were
Roma, were returned. Over 7 349 had already been returned this year
prior to the presidential policy announcement in July. Despite
these policies, the number of Roma from eastern Europe in France
has remained at around 10 000 to 12 000 and it is thought that as
many as two thirds of those who left last year have now returned
to France.
Despite
these policies, the number of Roma from eastern Europe in France
has remained at around 10 000 to 12 000 and it is thought that as
many as two thirds of those who left last year have now returned
to France. 13. Although it would appear that there has been no significant
deviation from government policies, the real change seems to be
in the rhetoric used, not only by the President of the Republic,
but also by various members of the French Government. Also, a real
material change has been the speed at which camps have been closed
down following the French Government’s announcement at the end of
July 2010.
2.1.2. National and international reactions
14. There has been widespread concern expressed by various
politicians and bodies about the policies and public discourses
linking Roma to criminality. In France, politicians both from the
ruling UMP party and opposition parties have criticised the reaction
of the French Government. Two former Prime Ministers, Dominique
de Villepin and Jean-Pierre Raffarin, have both condemned the policy
and the rhetoric used and Bernard Kouchner, the French Minister
for Foreign Affairs, told a French television station that he had considered
resigning over the issue. For their part, civil
society, including non-governmental organisations (NGOs) and religious
institutions, have spoken out against the closure of the camps and
the removal of Roma.
and Bernard Kouchner, the French Minister
for Foreign Affairs, told a French television station that he had considered
resigning over the issue. For their part, civil
society, including non-governmental organisations (NGOs) and religious
institutions, have spoken out against the closure of the camps and
the removal of Roma. 15. The Council of Europe has also reacted on the issue. The President
of the Assembly, Mevlüt Çavusoğlu, was one of the first to make
a statement, on 20 August 2010, criticising the practices employed
by the French authorities and signalling that they “are certainly
not the right measures to improve the situation of this vulnerable
minority. On the contrary, they are likely to lead to an increase
in racist and xenophobic feelings in Europe”. He referred to the
case law of the European Court of Human Rights, which has regularly
condemned states in which Roma have suffered from abuse or discrimination,
and he recalled that Protocol No. 4 to the European Convention on
Human Rights prohibits the collective expulsion of aliens.
16. In a similar vein, the European Commission against Racism
and Intolerance (ECRI) expressed its concern about the treatment
of Roma and said that “a policy based on evictions and ‘incentives’
to leave France, even assuming that relevant human rights standards
are complied with, cannot provide a durable answer”.
17. The Council of Europe Commissioner for Human Rights, Thomas
Hammarberg, has issued a number of statements and given many interviews
to the media on the issue since August. On 9 September 2010, he underlined
that:
“politicians should be very careful about language which can promote further prejudice against the Roma communities.
During the ongoing government campaign in France against crime, Roma from other European Union countries have been targeted as a “threat against public security”. French Government spokespersons have failed to make a clear distinction between the whole group of Roma immigrants and the few who have committed crimes.
This is all the more serious as there is widespread anti-Gypsyism in many European countries today and extremist political groups are trying to exploit these tendencies. Their propaganda is very close to what was said in the 1930s and 1940s by fascists and Nazis. Any political statement or action which encourages such thinking must be avoided.
One should not trivialise the consequences of negative statements by leading politicians”.
18. Coincidentally, the United Nations Commission for the Elimination
of Racial Discrimination (CERD) met on 27 August 2010 to consider
France’s compliance with the Convention on the Elimination of all
Forms of Racial Discrimination. It expressed concern that the removal
of Roma was being done on a collective basis without asking them
for consent. It was alarmed by political speeches of a discriminatory
character and the increased number of attacks against the Roma in
France following the Presidential announcement.
19. CERD has launched an early warning procedure against France,
the objective of which is to warn all the different state institutions
about the problem and remind them of their obligations to ensure
that measures taken are not discriminatory.
20. In a resolution adopted on 9 September 2010, the European
Parliament expressed its deep concern “at the inflammatory and openly
discriminatory rhetoric that has characterised the political discourses
during the repatriation of the Roma, lending credibility to racist
statements and the actions of extreme right-wing groups.” It went
on to remind policy makers “of their responsibilities” and rejected
“any statements which link minorities and immigration with criminality
and create discriminatory stereotypes”.
21. The European Union Commissioner for Justice and Fundamental
Rights, Viviane Reding, has been very vocal on the issue. She expressed
her regret that “some of the rhetoric that has been used in some
member states … has been openly discriminatory and partly inflammatory.” She
clarified in a public statement made on 14 September 2010 that:
“Discrimination on the basis of ethnic origin or race has no place
in Europe. It is not compatible with the values on which the European
Union is founded. National authorities who discriminate ethnic groups
in the application of EU law are also violating the EU Charter of
Fundamental Rights, which all member states, including France, have
signed up to.”
She
clarified in a public statement made on 14 September 2010 that:
“Discrimination on the basis of ethnic origin or race has no place
in Europe. It is not compatible with the values on which the European
Union is founded. National authorities who discriminate ethnic groups
in the application of EU law are also violating the EU Charter of
Fundamental Rights, which all member states, including France, have
signed up to.” 22. Following the publication of the leaked circular from the
Ministry of the Interior, which instructed French authorities to
deal with Roma camps “as a priority”, Viviane Reding, announced
that the Commission would consider whether to instigate infringement
proceedings against France for potential violations of the 2004 European
Union Freedom of Movement Directive and for violation of the European
Union Fundamental Rights Charter. On 29 September 2010, the Commission
announced that it would start infringement proceedings against France.
It found that France had not fully transposed the directive into
national legislation in a way that makes the rights contained within
it fully effective. It issued a letter of formal notice to France
requesting full transposition of the directive into French law or
an explanation of how it intends to do so by 15 October 2010. The French Government reacted
by saying it would supply all the requested information.
The French Government reacted
by saying it would supply all the requested information. 23. On the other hand, the Commission decided not to commence
infringement proceedings for violations of the European Union Charter
on Fundamental Rights on the grounds of discrimination. The Commission announced
that it was satisfied by the assurances it had been given by the
French Government that provisions within the Charter had not been
violated. However, the Commission has requested that further documents
be supplied.
24. For his part, the Secretary General, Thorbjørn Jagland, has
convened a high-level meeting on 20 October 2010 in Strasbourg to
develop a pan-European approach to Roma issues. It will bring together
policy makers of 47 member states as well as representatives of
the relevant international organisations. The Secretary General
emphasised that “The meeting should be the starting point for a
joint effort by the European institutions and the member countries
to take on the situation of the Roma in a constructive and sustainable way”.
25. The French Minister for European Affairs, Pierre Lellouche,
was among the first to express his support for the Secretary General’s
initiative, which
has been positively received by all member states. The European Union
has also welcomed the initiative and Viviane Reding has been invited
to participate at the high-level meeting. This is a clear example
of how the Council of Europe can work with the European Union on
issues of common interest and where the Council of Europe can share
its significant experience and expertise on issues relating to human
rights, democracy and the rule of law. I believe we should all,
as Parliamentarians, support the Secretary General’s initiative
and call upon our respective governments to participate at the high-level meeting
and ensure that there is appropriate follow-up of any decisions
taken.
which
has been positively received by all member states. The European Union
has also welcomed the initiative and Viviane Reding has been invited
to participate at the high-level meeting. This is a clear example
of how the Council of Europe can work with the European Union on
issues of common interest and where the Council of Europe can share
its significant experience and expertise on issues relating to human
rights, democracy and the rule of law. I believe we should all,
as Parliamentarians, support the Secretary General’s initiative
and call upon our respective governments to participate at the high-level meeting
and ensure that there is appropriate follow-up of any decisions
taken. 2.2. Developments in other Council of Europe member states
26. The issue of the rise in security rhetoric targeting
the Roma clearly has a pan-European dimension. There are an estimated
10 to 12 million Roma in Europe, which constitute Europe’s largest
minority. Prior to the events of this summer, the Assembly had already
aired its concerns about the rise in anti-Gypsyism across its member
states. In Resolution
1740 on the situation of Roma in Europe and the relevant
activities of the Council of Europe, adopted in June 2010, the Assembly
expressed its shock concerning “recent outrages against Roma in
several Council of Europe member states, reflecting an increasing
trend in Europe towards anti-Gypsyism of the worst kind. Taking
advantage of the financial crisis, extremist groups capitalise on
fears deriving from the equation made between Roma and criminals,
choosing a scapegoat that presents an easy target, as Roma are among
the most vulnerable group of all.”
27. Mr Berényi’s explanatory memorandum, written prior to the
adoption of the resolution, detailed the increased number of anti-Roma
manifestations and violent attacks against Roma in Council or Europe
member states. These
incidents have not happened in isolation from the rise in use of
anti-Roma rhetoric by public officials and politicians who have
publicly associated Roma with criminality and responded by implementing policies
to ostensibly protect the security of the public. What follows is
a non-exhaustive list of recent examples of anti-Roma rhetoric in
Council of Europe member states.
These
incidents have not happened in isolation from the rise in use of
anti-Roma rhetoric by public officials and politicians who have
publicly associated Roma with criminality and responded by implementing policies
to ostensibly protect the security of the public. What follows is
a non-exhaustive list of recent examples of anti-Roma rhetoric in
Council of Europe member states. 2.2.1. Czech Republic
28. In a report adopted in 2009, ECRI found that “In
recent years, high-ranking politicians at national and local level
have made widely publicised anti-Roma statements. Anti-Roma slogans
have been used as part of local election campaigns, and inflammatory
statements by politicians appear to have been rewarded.” It
must be highlighted that this phenomenon has been accompanied by
an intensification of the activities of extreme right wing groups.
It
must be highlighted that this phenomenon has been accompanied by
an intensification of the activities of extreme right wing groups. 2.2.2. Denmark
29. On 6 July 2010, 23 Roma from Romania were arrested
in a warehouse in Copenhagen. The arrests followed statements reportedly
made by the Mayor of Copenhagen, Frank Jensen, blaming Roma for
thefts in the city and calling upon the government to adopt measures
to rid Copenhagen of “criminal Roma”. The Minister of Justice, Lars
Barfoed, is alleged to have condemned the Roma in question, named
them as illegal residents and promised that the police would act.
The 23 Romanians were expelled the following day without any investigation
or convictions. The European Centre for Roma Rights is taking a
case on behalf of 10 of them to the Danish Courts, requesting that
the deportation order be overturned retroactively. The long-term
objective is to obtain a ruling from the Court of Justice of the
European Union on whether Romania and Bulgarian citizens can be
deported in this way. There was apparently no investigation before
the deportation order was issued and only one of the deportees is
thought to have had a criminal record.
2.2.3. Hungary
30. In a letter addressed to the Prime Minister of Hungary
in October 2009, the Council of Europe Commissioner for Human Rights
expressed his grave concern at the rise of extremism, intolerance
and racist manifestations that had targeted in particular members
of the Roma minority, estimated at 7% of the population of the country.
31. 31. Of special concern to the Commissioner was the public
use of anti-Roma speech by certain public figures in Hungary and
the lack of strong condemnation of and effective measures against
the reoccurrence of such incidents. The
cold-blooded murders of Roma, including a five-year old child in
Hungary in 2009 were another illustration that the risk of anti-Roma
violence is still present.
The
cold-blooded murders of Roma, including a five-year old child in
Hungary in 2009 were another illustration that the risk of anti-Roma
violence is still present. 2.2.4. Italy
32. In 2007, a Romanian Roma was accused of murdering
an Italian woman. Subsequently, the media and some politicians began
to speak out against the Roma, fortifying
pre-existing stereotypes. On 11 May 2008, the Italian newspaper, La Repubblica, quoted the Italian
Interior Minister, Mr Roberto Maroni, as saying that “All Roma camps
will have to be dismantled right away, and the inhabitants will
be either expelled or incarcerated”.
fortifying
pre-existing stereotypes. On 11 May 2008, the Italian newspaper, La Repubblica, quoted the Italian
Interior Minister, Mr Roberto Maroni, as saying that “All Roma camps
will have to be dismantled right away, and the inhabitants will
be either expelled or incarcerated”. 33. The link made by public officials and politicians between
crime and Roma ethnicity is thought to have contributed to the rise
in resentment towards the Roma population. Around the same
time, there were a number of attacks against Roma settlements and
a rise in anti-Roa manifestations, some of which became very violent.
These incidents have been documented elsewhere. One
camp was attacked after a Roma woman was accused of kidnapping a
baby. The Interior Minister was quoted as saying, “[t]his is what
happens when gypsies steal babies”.
Around the same
time, there were a number of attacks against Roma settlements and
a rise in anti-Roa manifestations, some of which became very violent.
These incidents have been documented elsewhere. One
camp was attacked after a Roma woman was accused of kidnapping a
baby. The Interior Minister was quoted as saying, “[t]his is what
happens when gypsies steal babies”. 34. Later the same month, the Italian Prime Minister declred “a
state of emergency” to deal with Roma settlements in the regions
of Campania, Lazio and Lombardia. The
security rhetoric used “has led to obvious abuses in Italy. The
authorities have, amongst other measures, fingerprinted the Roma,
photographed Roma children, brutally evicted Roma from their camp
and left unpunished numerous arson attacks on the sheds serving
as their homes”.
The
security rhetoric used “has led to obvious abuses in Italy. The
authorities have, amongst other measures, fingerprinted the Roma,
photographed Roma children, brutally evicted Roma from their camp
and left unpunished numerous arson attacks on the sheds serving
as their homes”. 35. Following his visit to Italy in June 2008, the Commissioner
for Human Rights expressed his serious concern “about the adoption
or preparation of severe legislation which is aimed at ensuring
‘public security’ and imposing a firmer control over immigration,
including of European Union citizens, and over the presence and movement
of Roma and Sinti populations. While stronger action against individual
criminal offenders may be required … the swift adoption of broad
packages of the sort currently implemented or considered in Italy
entails a clear risk of linking insecurity to specific groups of
population and of generating confusion between offenders and foreigners.
Such a risk should be carefully avoided, if one is not to further
feed xenophobic tendencies.”
36. For its part, an Organization for Security and Co-operation
in Europe (OSCE) delegation complained that the measures taken by
the government, starting with the declaration of the state of emergency,
were disproportionate in relation to the actual scale of the security
threat posed by the immigration of Roma and the camps. It also raised
its concerns that statements by well-known political figures, among
others, fuelled anti-Roma bias in society at large and contributed
to the stigmatisation of the Roma and Sinti community. It recommended
that Italy combat anti-Roma hate speech and other expressions of
xenophobia, whether by private individuals or by public officials.
It recommended
that Italy combat anti-Roma hate speech and other expressions of
xenophobia, whether by private individuals or by public officials. 2.2.5. Romania
37. The Minister for Foreign Affairs, Teodor Bachonschi,
is reported to have said that “we have some physiological, natural,
crime-related problems among some Romanian communities, especially
among the ethnic Roma communities.”
2.2.6. Sweden
38. Sweden has recently returned 50 Roma for begging,
even though this is not a criminal offence in Sweden. The
Swedish migration Minister, Tobias Billström, defended the government’s
actions by arguing that European Union rules on the freedom of movement
are not intended to encourage begging. In response, the Council
of Europe Commissioner for Human Rights, who is originally from
Sweden, wrote a joint article with Archbishop Ander Wejryd arguing
that the Swedish Government was complicit in the ongoing discrimination
of Roma who are “identified as a danger to society by politicians
who seek to win political points on demands of a tough line against
this already vulnerable group. They are subjected to arrest and
collective deportations.”
The
Swedish migration Minister, Tobias Billström, defended the government’s
actions by arguing that European Union rules on the freedom of movement
are not intended to encourage begging. In response, the Council
of Europe Commissioner for Human Rights, who is originally from
Sweden, wrote a joint article with Archbishop Ander Wejryd arguing
that the Swedish Government was complicit in the ongoing discrimination
of Roma who are “identified as a danger to society by politicians
who seek to win political points on demands of a tough line against
this already vulnerable group. They are subjected to arrest and
collective deportations.” 39. In fact, anti-Roma attitudes and discourses are so prevalent
across Europe that similar measures are being taken elsewhere that
would normally be viewed as unacceptable. The report on Roma asylum
seekers in Europe, which is likely
to be debated on 12 November 2010 at the Standing Committee, points
to problems linked to the return of Roma asylum seekers to Kosovo and
calls upon member states to reconsider their return policies with
regard to rejected Roma asylum seekers from Kosovo and to consider
offering them alternatives, including naturalisation.
which is likely
to be debated on 12 November 2010 at the Standing Committee, points
to problems linked to the return of Roma asylum seekers to Kosovo and
calls upon member states to reconsider their return policies with
regard to rejected Roma asylum seekers from Kosovo and to consider
offering them alternatives, including naturalisation. 3. Stereotypes should not be reinforced by politicians
40. The financial crisis has exacerbated many problems
across Europe. High levels of unemployment can often lead to increased
levels of crime and feelings of insecurity among the general population.
In these circumstances it may appear to be easy to make political
gains by using the Roma and other minorities, including migrants
as scapegoats. However, it is extremely dangerous when politicians
seek to play on pre-existing stereotypes to gain political advantage.
It undermines the work of institutions such as the Council of Europe,
the OSCE as well as that of NGOs who have worked hard to end discrimination
and the disadvantage suffered by Roma across Europe. The irony should
not be lost that this discourse prevails bang in the middle of the
Decade of Roma Inclusion.
41. We, as politicians, should be aware of our responsibility
to the Roma. As has been extensively documented in Mr Berényi’s
report, the Roma have become the target of racially motivated organised
violence. Freedom of expression is not an absolute right and all
politicians have a duty to ensure that our words do not reinforce
stereotypes and inadvertently encourage the actions of extremists.
42. To deny that there are problems within Roma communities would
also be wrong. The Roma are among the most marginalised groups in
our society. Poverty, insecurity, marginalisation, inadequate housing, segregation
and lack of access to education and employment opportunities are
a common theme for Roma across Europe. As the Commissioner for Human
Rights has pointed out “[o]f course there are some Roma who are
guilty of theft and some who have been badly exploited by traffickers.
It is a well known fact that socially marginalised and destitute
people tend to be somewhat over-represented in criminal statistics
– for obvious reasons”. Yet it is unfair and simply wrong to tarnish
all with the same brush. To act rashly to dismantle camps following
alleged criminal activity by a minority of Roma, as has been seen,
will not resolve the problems in the long run. Nevertheless, the
underlying issues, including the root causes of marginalisation
and poverty, need to be addressed.
43. European countries with better employment prospects, higher
living standards and more generous welfare systems are bound to
attract migrants from their less wealthy neighbours, putting pressure
on social institutions. Failure to integrate immigrants into society
aggravates social tensions and leads to growing feelings of insecurity
and discontent among other inhabitants, thus creating a fertile
ground for anti-immigration rhetoric. At various times over the
past decade, some politicians and parts of the media have blamed
asylum seekers, Muslims, Roma and other
immigrants for the problems confronting society. At the same time,
as crime rises, which is an almost natural consequence of the economic
crisis, voters legitimately question the effectiveness of public
policies in the field of safety and security. Societies become more
receptive to xenophobic political agendas. For their part, countries
of origin also have their share of responsibility in tackling the
matter.
Muslims, Roma and other
immigrants for the problems confronting society. At the same time,
as crime rises, which is an almost natural consequence of the economic
crisis, voters legitimately question the effectiveness of public
policies in the field of safety and security. Societies become more
receptive to xenophobic political agendas. For their part, countries
of origin also have their share of responsibility in tackling the
matter. 44. While mainstream parties have long failed to anticipate or
face these challenges, extremist populist parties have sought to
capitalise on society’s security concerns by simply equating immigration
with crime and insecurity. There is a worrying trend in Europe,
most recently exemplified by the recent elections in Sweden, of
extreme right wing parties being elected into national parliaments.
This was mirrored in the European Parliament elections of 2009 and
in a number of other recent elections.
45. It is understandable that politicians from mainstream parties
should seek to detract their voters from turning to far right parties.
Likewise, member states should be able to take measures to tackle
crime and protect people living within their territory. Mainstream
parties cannot therefore afford to desert the domain of security and
leave it for marginal political forces to capitalise on.
46. Nevertheless, language should not be used which apportions
blame for society’s ills or criminality on one or the other specific
minority, such as the Roma. What is particularly worrying is in
fact that mainstream parties have begun to use racist discourse
to keep voters. As Mr Zingeris has argued,
“mainstream parties have shown a tendency of borrowing some of the
radical discourse of extremist parties in order, on the one hand,
to secure the votes of a part of the population and, on the other,
to blame someone else (immigrants, Jews, speculators, etc.) for
their own lack of efficiency.”
As Mr Zingeris has argued,
“mainstream parties have shown a tendency of borrowing some of the
radical discourse of extremist parties in order, on the one hand,
to secure the votes of a part of the population and, on the other,
to blame someone else (immigrants, Jews, speculators, etc.) for
their own lack of efficiency.” 4. Conclusions
47. While it is understandable that, faced with a surge
in criminality, authorities in many Council of Europe member states
feel obliged to strengthen policies aimed at protecting public order
and personal security of all people living within their territory,
I believe it is of utmost importance that a clear distinction must
be made in political discourse between individuals who have committed
crimes and entire groups of people, such as Roma or any other minority
or migrant group.
48. We, as politicians, should condemn, as racist and xenophobic,
the use of language stigmatising Roma or any other minority or migrant
group. We have a special responsibility to eliminate negative stereotyping
or stigmatising of any minority or migrant group from political
discourse and promote a message of non-discrimination, tolerance
and respect for people from different backgrounds.
49. Therefore, in the draft resolution, I propose that we recall
and reaffirm Council of Europe standards and policy guidelines applicable
to political discourse contained, inter
alia, in the case law of the European Court of Human
Rights; the Committee of Ministers Recommendation No. R (97) 20
on “hate speech”; the ECRI general policy recommendations and its
2005 Declaration on the use of racist, anti-Semitic and xenophobic
elements in political discourse; recommendations by the Commissioner
for Human Rights, as well as related documents of the Venice Commission
and Assembly Resolution
1345 (2003) on racist, xenophobic and intolerant discourse
in politics and Resolution
1754 (2010) on the fight against extremism: achievements,
deficiencies and failures. A number of recommendations are then
addressed to the Council of Europe member states, public authorities
and public institutions at the national, regional and local levels,
as well as officials.
50. Furthermore, we should reiterate the importance of the Charter
of European Political Parties for a Non-Racist Society, signed by
the President of our Assembly and the President of the European
Parliament in 2003. We should commit ourselves and urge political
parties, political forces and political and public figures in member
states, international groupings of political parties, to commit
themselves to:
- adhering to and actively implementing and promoting the principles contained in the charter;
- actively contributing to combating attempts to stigmatise, and incite feelings of hostility towards any individual or group of people on the basis of their race, ethnic origin, nationality, religious beliefs or social origin;
- combating any action or language likely to reinforce fears and tensions between groups from different racial, ethnic, national, religious or social backgrounds;
- dealing responsibly and fairly with sensitive topics relating to such groups;
- refraining from using racist, xenophobic, aggressive nationalistic, ethnocentric, or any other discriminatory discourse, or pursuing such political agendas and dealing firmly with any racist sentiments and behaviour within their own ranks.
51. In the light of the particular responsibility incumbent upon
the media, a number of recommendations are also addressed to them.
52. Finally, as regards the specific situation of Roma in Europe,
we should:
- reaffirm our Assembly Resolution 1740 (2010) and Recommendation 1924 (2010) on the situation of Roma in Europe and relevant activities of the Council of Europe, adopted in June 2010;
- welcome and support the initiative by the Secretary General of the Council of Europe to call a high-level meeting to agree measures to improve the situation of Roma throughout Europe as a starting point for a joint effort by the European institutions and the member states to tackle the matter in a sustainable and constructive manner;
- express our readiness to contribute to the success of this high-level meeting by bringing in our Assembly’s own experience of dealing with issues relating to the Roma and promoting implementation of any adopted decisions;
- invite the Secretary General to inform the Assembly, at the earliest opportunity, that is at its Standing Committee meeting in Antalya on 12 November 2010, about the outcome of the high-level meeting;
- continue to monitor carefully the situation of Roma in Europe, in all its dimensions (especially social, educational, cultural and migratory) and taking also into account the outcome of the high-level meeting to be held on 20 October 2010.