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Reply to Recommendation | Doc. 13162 | 08 April 2013
Roma migrants in Europe
1. The Committee of Ministers has carefully
considered Recommendation 2003 (2012) of the Parliamentary Assembly
on “Roma migrants in Europe”, which it has transmitted to a number
of intergovernmental committees or bodies. In
line with the Strasbourg Declaration on Roma adopted in October 2010,
improving the situation of Roma in Europe is a priority for the
Committee of Ministers. It welcomes the continued commitment of
the Assembly to this same objective.
2. As regards paragraph 6.1, the Committee of Ministers has taken
note of the concerns of the Assembly. It would point out that the
exploitation of begging – rather than begging itself – is prohibited
by a number of international legal instruments. Although the exploitation
of begging is not expressly mentioned in the Council of Europe Convention
on Action against Trafficking in Human Beings, the Committee of
Ministers would share the view of GRETA that it may be considered
as a form of forced labour for the purposes of this convention and that
the examination of national legislation criminalising the exploitation
of begging as a form of human trafficking in GRETA’s country evaluation
reports will help combat the exploitation of the most vulnerable groups,
in particular Roma. It therefore does not, at this time, consider
it necessary to initiate a collection of information from member
States as to whether they have already criminalised or intend to
criminalise begging.
3. The Committee of Ministers would also recall that ECRI has
recommended that any measures taken by the police to combat organised
begging are not such as to stigmatise or unfairly target Roma, and
has called for clearly defined criteria governing the application
of the relevant criminal provisions. Finally, the Committee of Ministers
would point out that CAHROM is currently addressing issues related
to child exploitation, such as begging.
4. As concerns paragraph 6.2, the Committee of Ministers is aware
that the issue of measures taken by several member States from the
Western Balkans affecting the freedom of Roma to leave their respective countries
has raised concerns. It is also aware that these questions have
been discussed in various fora, including by the Assembly and by
the European Roma and Travellers Forum, and through exchanges of
views at meetings of the CAHROM. The Committee underlines that respect
for human rights standards must be a pre-condition for any discussions
on any such measures, whether they take place on a bilateral or
multilateral basis or in an intergovernmental context.
5. As regards paragraph 6.3, the Committee of Ministers agrees
with the Assembly that it is essential to establish as far as possible
whether the Roma community is affected by and/or involved in trafficking
in human beings. It would point out that in GRETA’s country evaluation
reports, particular attention is given to groups which are vulnerable
to human trafficking and to examining the measures taken to prevent
and combat trafficking among such groups, including Roma. GRETA
has stressed, inter alia,
the need to step up preventive measures among the Roma communities
and has urged national authorities to develop the aspect of prevention
through specific campaigns and social and economic measures addressing
the root causes of trafficking. Given its importance as an effective
tool for combating human trafficking of vulnerable groups, including
Roma, the Committee of Ministers would urge member States which
have not yet done so to consider ratifying the Convention on Action
against Trafficking in Human Beings (CETS No. 197).
6. With relation to the issue raised in paragraph 6.4 regarding
negative stereotyping and stigmatisation of Roma in the media and
in political discourse, the Committee of Ministers acknowledges
that, with due respect to freedom of expression and editorial independence,
media should avoid contributing to prejudice and stereotypes. However,
with regard to policy making, and as stated in its Recommendation
CM/Rec(2011)7 on a new notion of media, “as a form of interference,
any regulation should itself comply with the requirements set out
in Article 10 of the European Convention on Human Rights and the
standards that stem from the relevant case law of the European Court
of Human Rights”. The Committee of Ministers would also recall that
ECRI regularly underlines the importance that media does not contribute
to encouraging an atmosphere of hostility and rejection towards
migrants and members of minority groups and that it contributes,
rather, to playing a proactive role in preventing such an atmosphere
from developing.
7. The Committee of Ministers considers that there is no need
for additional intergovernmental standards in the media field, but
that concrete action should continue in the implementation of existing
standards. Awareness raising and training, competence building and
self-regulation are all relevant tools. The partnership between
the Council of Europe and the European Broadcasting Union (EBU)
is a useful framework within which possible further initiatives
can be developed.
8. The Committee of Ministers would also recall that the Strasbourg
Declaration calls on member States to “consider joining the campaign
of the Council of Europe “Dosta! Go beyond prejudice, discover the
Roma!”. It would inform the Assembly that several member States
have included the Dosta! campaign in their national Roma integration
strategies, which is an effective and sustainable way of addressing
the problem of negative stereotyping and stigmatisation of Roma.
In this respect, it welcomes the Assembly’s support for the Council of
Europe “Dosta!” campaign as outlined in paragraph 8 of the recommendation.
9. The Committee of Ministers would also recall that the “Strasbourg
Declaration”, inter alia,
recommends that States Parties take full account of the relevant
decisions of the European Committee of Social Rights, in developing
their policies on Roma. It would inform the Assembly that the collective
complaints procedure in particular has taken forward a number of
Roma rights issues.
10. Finally, the Committee of Ministers would encourage member
States to give due consideration to the recommendations put forward
in paragraph 7 of the Assembly recommendation.