25 October 1995

Doc. 7422

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Supplementary reply to Recommendation 1203 (1993) on Gypsies in Europe
(adopted by the Committee of Ministers on 17 October 1995 at the 547th meeting of the Ministers' Deputies)

      The Committee of Ministers refers to Parliamentary Assembly Recommendation 1203 (1993) on Gypsies in Europe, to which a first reply was given in January 1994.

      As was indicated in paragraph (viii) of the reply, the Committee of Ministers instructed the European Committee on Migration (CDMG) to conduct an in-depth study of the situation of Gypsies in Europe and proposed to resume consideration of the question in the light of the study's conclusions. The CDMG report entitled "The situation of Gypsies (Roma and Sinti) in Europe" has been declassified and made available to the Assembly.

      The Committee of Ministers has recognised the pertinence of several of the CDMG's suggestions relating to the Assembly's proposals. It has accordingly transmitted the CDMG report to the European Commission against Racism and Intolerance (ECRI), inviting it to give attention to discrimination, prejudice and violence against Roma/Gypsies. The report has also been communicated to the CDMG for it to consider to what extent its work on community relations and integration can be applied to the situation of established ethnic groups, such as the Roma/Gypsies, as well as to populations of recent immigrant origin. Lastly, the Council for Cultural Co-operation (CDCC) has been invited to continue giving attention, in the context of its work on intercultural education and the education of minorities, to the development of effective educational methodologies for Roma/Gypsies and to work for recognition and development of Rom/Gypsy culture.

      The CDMG pointed out that the Council of Europe does not at present have a specialised body to monitor the development of the situation of Roma/Gypsies and suggest adequate remedies for any deficiencies found. The Committee of Ministers has therefore decided to set up a group of specialists with instructions to submit to it a detailed plan of action, which will then be approved by the Committee of Ministers and implemented in liaison with the CDMG. Furthermore, the CDMG itself envisages organising in 1996, in the framework of its programme of activities, an exchange of information and experience on the consultative mechanisms set up in certain member states to facilitate dialogue between Roma/Gypsies and travellers and the authorities.

      The Committee of Ministers has also noted the contribution which could be made through the Social Development Fund, in accordance with its procedures, and through the Network of Cities on provision for Roma/Gypsies in municipalities set up by the Congress of Local and Regional Authorities of Europe, with a view to reducing the economic and social disadvantages of Roma/Gypsies referred to in paragraph xviii of Recommendation 1203.

      The Committee of Ministers has similarly instructed the Steering Committee for Social Policy (CDPS) to consider the measures taken by member states to implement Committee of Ministers Resolution (75) 13 on the social situation of nomads in Europe and to make any appropriate recommendations with a view to a possible updating of that Resolution.

      As regards the problems of legal status and nationality law which Roma/Gypsies may encounter, the Committee of Ministers has recalled that the Council of Europe's expertise is available to member states which wish to examine any problem that may arise in this area. Moreover, the Committee of Ministers has instructed the Steering Committee for Human Rights (CDDH) to give an opinion on the interpretation of the term "vagrants" in Article 5.1.e of the European Convention on Human Rights, this being a decision in line with the action called for by the Assembly in paragraph xii of the Recommendation.

      As for the freedom of movement, mentioned in paragraph xiv of the Recommendation, the Committee of Ministers has instructed the CDMG and the ad hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR) to study the nature and scope of the international mobility of Roma/Gypsies and to make, where appropriate, proposals aimed at solving the problems which may be identified.

Concerning the proposal in paragraph xvi of the Recommendation that refugee status be granted to the victims of pogroms, the Committee of Ministers has instructed the CAHAR to give it on opinion the matter.

      The Committee of Ministers also wishes to inform the Assembly that fruitful co-operation has been established between the Council of Europe, the Office for Democratic Institutions and Human Rights (ODIHR) of the Organisation for Security and Co-operation in Europe and the Commission of the European Communities on questions of common interest relating to Roma/Gypsies.

      The Co-ordinator of activities on Roma/Gypsies designated by the Secretary General of the Council of Europe is responsible for these contacts, for promoting dialogue on policies and problems relating to Roma/Gypsies, and for developing working relations with Roma/Gypsy organisations, with a view to developing the appropriate synergies while avoiding duplication of activities. These functions should make it possible to attain, at least to some extent, the objectives advocated by the Assembly in paragraph xxii of the Recommendation. However, the Committee of Ministers has not seen fit to act on the proposal concerning the appointment of a mediator for Roma/Gypsies.

      The Committee of Ministers will communicate to the Assembly, as necessary, any fresh information concerning the implementation of the measures mentioned in this reply.