Implementation of the European Social Charter by Greece: Forced evictions of Roma

Doc. 11212
20 March 2007

Implementation of the European Social Charter by Greece: Forced evictions of Roma
Written Question No. 502 to the Committee of Ministers

Reply from the Committee of Ministers
adopted at the 989^th meeting of the Ministers’ Deputies (14 March 2007)

I. Written Question No. 502 by Mr Cilevičs (Doc. 11014)

One year ago, replying to my questions, the Committee of Ministers reassured the Assembly that Greek authorities were working on finding a permanent solution to the housing problems of the Roma in Patras. They also stated that the information on how Greece complied with its obligations under Article 16 of the European Social Charter was to be evaluated by the European Committee of Social Rights (ECSR). The Assembly was informed that, on the basis of the result of that evaluation, the Committee of Ministers was to decide on the follow-up.

However, in July 2006 the ECSR concluded that the situation in Greece has not been brought into conformity with Article 16 as there is still a shortage of adequate housing for Roma, who still do not have sufficient legal protection. Citing the Commissioner for Human Rights March 2006 follow up report on Greece, as well as Greek Helsinki Monitor (GHM) and Amnesty International reports, the ECSR mentioned that Roma continue to be evicted from settlements without being offered alternative housing.

Recently, GHM information provided to competent UN and Council of Europe agencies and international NGOs indicates that relocation plans for Patras Roma failed because of strong local community reactions. Instead, between 27 July and 25 August 2006, the Municipality of Patras demolished the homes of Roma families in the Makrigianni district who were absent for seasonal work, served the remaining families with notices of emergency police measures of eviction, and without waiting for their confirmation by a prosecutor proceeded to forced evictions. Furthermore, in June 2006, all Roma families of the Riganokampos district were referred to a criminal trial for illegal squatting on state land, while in August 2006 they were told to leave. All that despite the protocols of eviction for both Roma communities had been overturned as abusive in October 2005 by magistrates. In June 2006, the Chief Appeals Prosecutor of Patras announced an obviously intimidating criminal investigation of the magistrates who issued these rulings and of GHM who offered legal support to the Roma. GHM also provided information on several evictions elsewhere in Greece and quoted official Hellenic Police statistics indicating that its officers were involved in 60 eviction procedures in 2005 and in another 121 in 2004.

Mr Cilevičs,

To ask the Committee of Ministers,

What urgent action does the Committee of Ministers intend to take on Greece’s continuing non-compliance with Article 16, the widespread evictions which violate fundamental human rights and the mounting antigypsyism accompanying these evictions.

What mechanisms of effective supervision of the implementation by states of Social Charter rulings does the Committee of Ministers intend to introduce.

II. Reply by the Committee of Ministers

1. The Committee of Ministers recalls that the European Committee of Social Rights (ECSR), in its Conclusions XVIII-1(2006) referred to by the Honourable Parliamentarian, regarding Greece, found that the situation was still not in conformity with Article 16 for two reasons: there was still a shortage of housing suited to the size and needs of Roma families and they still did not have sufficient legal protection.

2. In this respect, the Committee of Ministers notes that it has been informed by the Greek authorities that the families of Greek Roma registered in parts of and settled in the Makrigianni – Rodopoulou district, are sheltered, with their consent, in rented apartments, paid by the municipality. The same measures have been taken with respect to the Roma settled in the Riganokampos district. In the meantime, the authorities are seeking to identify a suitable site to set up a permanent settlement for these families. To this purpose, a Special Committee has been set up within the administration of Western Greece. The Ministry of the Interior has also secured a credit line of 320 000 euros to be used for the purchase of adequate land and settlement of the said Roma families. Moreover, in the context of the Integrated Action Plan for the social inclusion of Greek Roma (IAP), 47 housing loans have been allocated until now to Greek Roma registered in the municipality of Patras, under favourable terms and under the guarantee of the Greek state. The housing policy of the Greek Government to the benefit of the Greek Roma is exclusively financed by national funds. There has been no EU funding or use of other funds to this end.

3. Concerning the legal protection of Greek Roma, the Greek Government affirms that they have the same legal rights as Greek citizens and enjoy the same legal protection. In addition, a special legal framework has been adopted to solve legal problems faced by Roma often as a result of the fact that they lack official documents.

4. The Greek authorities underline that it is inaccurate to refer to “forced evictions” as the term suggests the existence of legal settlements and legal tenants, which is not the case. They have indicated that there have been administrative acts of evacuation and expulsion in response to the unlawful occupancy of land and to arbitrary and illegal settlement of tracts of public land.

5. The Greek authorities have also stressed that there has been no such thing as “obviously intimidating criminal investigation” instigated by the Chief Appeals Prosecutor of Patras against a magistrate who issued a ruling in favour of Roma families. Two briefs have been drawn up as a result of complaints lodged, but this is completely unrelated to what has been described in the written question.

6. The Greek authorities underline that finding a suitable solution to the housing issues facing the Greek Roma population, in close co-operation with the people involved and with local societies, has been the focus of their efforts. The Committee of Ministers welcomes this information and the measures taken by the Greek authorities to redress the situation referred to in Conclusions XVIII-1(2006). It encourages the Greek authorities to continue their efforts and to report to the ECSR on further progress with the implementation of measures to redress the situation.