[Documents/Docheader.htm]Forced returns of Roma from the former Federal Republic of Yugoslavia, including Kosovo, to Serbia and Montenegro from Council of Europe member states
Recommendation 1633 (2003)Doc. 10258
30 July 2004Reply from the Committee of Ministers
adopted at the 892nd meeting of the Ministers’ Deputies (8 July 2004)
1. The Committee of Ministers has carefully studied Parliamentary Assembly Recommendation 1633 (2003) on forced returns of Roma from the former Federal Republic of Yugoslavia, including Kosovo, to Serbia and Montenegro from Council of Europe member states. It has brought it to the attention of the governments of its member states and has received comments on it from the Ad Hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Statelessness (CAHAR) and the Group of Specialists on Roma, Gypsies and Travellers (MG-S-ROM).
2. It welcomes all the Recommendations adopted by the Assembly on this subject and refers in particular to Recommendation 1631 (2003) on internal displacement in Europe and the reply which it recently adopted to it[1].
3. It shares with the Assembly a concern for the implementation of policies on the return and re-integration of displaced persons that fully safeguard their rights and security - an issue which it keeps under review in the context of the monitoring of compliance with commitments accepted by member states upon their accession.
4. The Committee of Ministers welcomes the readiness of member states, including Serbia and Montenegro, to offer refuge to people fleeing the ravages of war in former Yugoslavia and re-affirms the need to ensure that protection of the human rights of all these people is guaranteed upon their return. It is aware that, in this context, the displaced Roma population is a particularly vulnerable group and therefore acknowledges the value of the proposal by the MG-S-ROM concerning the need to update information on the situation of Roma in Serbia and Montenegro, including Kosovo, and on the situation of the Roma concerned in countries that have proposed to return Roma to Serbia and Montenegro (see in this connection the opinion of the MG-S-ROM, appended hereto).
5. It also refers to the positions adopted to date by other players present in the region, in particular the OSCE, the United Nations High Commissioner for Refugees (UNHCR) and the Ombudsman in Kosovo, Mr Marek Nowicki, who recommend the utmost caution with respect to returns of Roma, Ashkali and Egyptians, or even their suspension, especially after the outbreak of ethnic violence against non-Albanians, including the Roma population.
6. The difficult situation of internally displaced persons (IDPs) residing in Serbia and Montenegro also deserve particular attention. In this context, the Ombudsman in Kosovo has recently raised the issue of improved conditions for IDPs with the authorities of Serbia and of Montenegro. The recent accession of the state union of Serbia and Montenegro to the Council of Europe Development Bank could also offer possibilities to finance projects with a view to improving housing and other aspects of the living conditions of IDPs from Kosovo.
7. In reply to the recommendation that it “continue its work on the development of the code of good conduct for expulsion procedures”, the Committee of Ministers informs the Assembly that it has given the CAHAR terms of reference to this effect. The draft code currently in preparation should meet the following objectives:
bring together the Council of Europe’s standards and guiding principles that are applicable in the context of expulsion procedures;
set out a number of non-binding guidelines and identify the best possible practices in this field;
serve as a practical tool for use both by governments in the drafting of national laws and regulations on the subject and by all those directly or indirectly concerned with expulsion procedures.
8. The Committee of Ministers will keep the Assembly informed of the results of this Committee’s work, which are expected by the end of 2004.
9. With regard to the recommendation that it promote and support activities of Roma civil society, the Committee of Ministers draws attention to the work in progress on the setting up of a European Forum for Roma and Travellers, which would take the form of an NGO having a special partnership agreement with the Council of Europe. The Ministers welcomed the significant progress made in this area at their 114th Session on 12-13 May 2004. Work is continuing on this project.
10. Lastly, the Committee of Ministers informs the Assembly that it has forwarded Recommendation 1633 (2003) to the Development Bank and the Congress of Local and Regional Authorities of the Council of Europe.
Appendix I to the reply
Opinion of the MG-S-ROM concerning Parliamentary Assembly Recommendation 1633 (2003) on forced returns of Roma from the former Federal Republic of Yugoslavia, including Kosovo, to Serbia and Montenegro from Council of Europe member states
In its decision CM/Del/Dec(2003)865/3.1, the Committee of Ministers decided to communicate the above Recommendation of the Parliamentary Assembly to the Group of Specialists on Roma, Gypsies and Travellers (MG-S-ROM) for information and possible comments.
The Group of Specialists on Roma, Gypsies and Travellers (MG-S-ROM) at its 17th meeting in Strasbourg on 29-30 March 2004, examined Parliamentary Assembly Recommendation 1633 (2003) and submits the following provisional opinion.
The Group of Specialists on Roma, Gypsies and Travellers (MG-S-ROM):
took note of the report “Roma returnees to Serbia and Montenegro, whose responsibility?” and the Parliamentary Assembly Recommendation 1633 (2003), and CAHAR’s draft opinion;
emphasised the need for continuing to update information on the situation in Serbia and Montenegro, including Kosovo, and situation of the Roma concerned in countries that proposed to return Roma to Serbia and Montenegro;
while recognising the generosity of a number of member states in offering refuge when people were fleeing the ravages of the war in former Yugoslavia, reiterated the need to ensure that the human rights of all potential returnees are fully protected;
agreed that, for the time being, and in the light of recent outbreak of violence in the Kosovo province, there should be no forced returns of Roma originating from Kosovo either to Kosovo or to Serbia and Montenegro proper;
recognised that continuous in-flaw of forced returns may worsen the already precarious situation of many Roma in Serbia and Montenegro and, in particular, contribute to the acute crisis facing many Roma IDPs in settlements;
agreed that, in the current situation in Serbia and Montenegro proper, it was essential for international donors to contribute substantial funds to the setting-up and implementation of effective reintegration programmes for returning Roma;
emphasised the need of funding, through possible contributions by Council of Europe member states, of the new wider governmental strategy for the Integration and Empowerment of Roma in Serbia and Montenegro.
Appendix II to the reply
Comments prepared by the CAHAR on Parliamentary Assembly Recommendation 1633 (2003)
on forced returns of Roma from the former Federal Republic of Yugoslavia, including Kosovo,
to Serbia and Montenegro from Council of Europe member states
In its decision CM/Del/Dec(2003)865/3.1, the Committee of Ministers decided to communicate the above Recommendation of the Parliamentary Assembly to the Ad hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR) for information and possible comments. The CAHAR adopted the following comments by means of a written consultation procedure initiated by its Bureau on 10 December 2003.
The CAHAR considered carefully the above-mentioned Recommendation. Particular attention was devoted to paragraph 10.iii which recommends that the Committee of Ministers “continue its work on the elaboration of the code of good conduct for expulsion procedures”.
In this respect, the CAHAR would like to recall that the ad hoc terms of reference of the Working Party on expulsion procedures were adopted by the Committee of Ministers on 9 September 2003 in its Decision No. CM/859/09092003. According to these terms the objective of the Working Party is to: “Draft guidelines of good conduct for expulsion procedures in the light of Parliamentary Assembly Recommendation 1547 (2002) on the expulsion procedures in conformity with human rights and enforced with respect for safety and dignity and of the Committee of Minister’s reply to this Recommendation adopted at the 852nd meeting of the Ministers’ Deputies.
The draft code should in particular:
bring together the Council of Europe’s standards and guiding principles that are applicable in the context of expulsion procedures;
set out a number of non-binding guidelines and identify the best possible practices in this field;
serve as a practical tool for use both by governments in the drafting of national laws and regulations on the subject and by all those directly or indirectly concerned with expulsion procedures.”
The Committee of Ministers may wish to inform the Parliamentary Assembly that the first meeting of the Working Party on expulsion procedures took place in Strasbourg on 11-12 December 2003. As a result of this meeting, the Working Party finalised the list of objectives to be pursued by the Guidelines, identified the situations to be covered by the Guidelines and decided on the working methodology to follow (see Meeting Report, CAHAR-PE(2003)22).
Through the adoption of standards or guidelines in relation to these situations, the CAHAR is of the opinion that many of the concerns mentioned by the Parliamentary Assembly in relation to the forced returns of Roma from the former Federal Republic of Yugoslavia, including Kosovo, to Serbia and Montenegro – in particular as they appear in paragraphs 6 to 9 of the Recommendation - will be addressed appropriately in a general context. The working party intends to conclude its work by the end of 2004.
[1] See CM/Del/Dec(2004)890/2.1c.