Print
See related documents
Recommendation 2003 (2012) Final version
Roma migrants in Europe
1. The Parliamentary Assembly underlines
that States have a justifiable interest in managing migration and to
ensure that the asylum system is not abused. “Migration management”
must, however, take place in compliance with the relevant rules,
which is currently not always the case.
2. The Assembly is concerned that the Roma are among the most
disadvantaged, discriminated against, persecuted and victimised
groups in Europe. This situation continues and is even getting worse,
as is demonstrated by extensive research and highlighted by the
Assembly in its Resolution
1740 (2010) on the situation of Roma in Europe and relevant
activities of the Council of Europe as well as in the Declaration
on the rise of anti-Gypsyism and racist violence against Roma in
Europe, adopted by the Committee of Ministers on 1 February 2012.
The combination of being both Roma and a migrant exacerbates the
disadvantage and discrimination even further as a result of this
double stigmatisation.
3. This double stigmatisation can be heard and seen in public
discussions, media reports and political discourse on Roma in Europe.
It is based principally on three deep-rooted prejudices: all Roma
are nomads, they all come from abroad and their migration is illegal.
4. As regards the belief that all Roma are nomads, the reality
is that in Europe less than 20% of Roma are nomadic. As for Roma
being from abroad, it can be shown that they have been part of European
society for approximately 700 years and the large majority are citizens
of their country of residence. Finally, as regards Roma migration
being illegal, it is clear that most Roma migrate within the framework
of their right to free movement under European Union law.
5. These prejudices, combined with the widespread tendency to
make a generalised link between Roma and criminality, have contributed
greatly to the plight of Roma in Europe. As a consequence, the Assembly would
like to draw the attention of the Committee of Ministers to a number
of issues which merit further attention, not only by member States
but also by the Council of Europe:
5.1. the overall negative depiction of Roma spread by certain
media and politicians;
5.2. the double discrimination Roma migrants face when it comes
to access to education, health care, employment and housing;
5.3. the recent, and continuing, aggressive expulsion policies
focused on Roma migrants in several Council of Europe member States,
which may amount to de facto collective
expulsions;
5.4. the ongoing forced returns of Roma to Kosovo,Any
reference to Kosovo in this text, whether to the territory, institutions
or population, shall be understood in full compliance with United
Nations Security Council Resolution 1244 and without prejudice to
the status of Kosovo. notwithstanding the recommendation
of the Council of Europe Commissioner for Human Rights and the Assembly
not to do so until the returns can be shown to be safe and sustainable;
5.5. the precarious situation of stateless Roma in Council
of Europe member States, mainly in eastern Europe, resulting from
the dissolutions of the Soviet Union, Yugoslavia and Czechoslovakia,
but also in western Europe, for instance in Italy or the Netherlands;
5.6. the criminalisation of begging in certain Council of Europe
member States and its impact on Roma, taking into account human
rights and other concerns stemming primarily from the European Convention
on Human Rights (ETS No. 5), the revised European Social Charter
(ETS No. 163) and other standards.
6. The Assembly therefore recommends that the Committee of Ministers
instruct the relevant Council of Europe committees and bodies, such
as the Ad hoc Committee of Experts on Roma Issues (CAHROM), the Group
of Experts on Action against Trafficking in Human Beings (GRETA),
the European Committee on Crime Problems (CDPC), the Migration Co-ordination
Division and the Steering Committee on Media and Information Society
(CDMSI) to:
6.1. analyse legislation
and practices in member States aimed at criminalising begging and
evaluate the impact of this on Roma and the implications under the
European Convention on Human Rights, the revised European Social
Charter and other Council of Europe standards;
6.2. carry out an in-depth analysis, based on human rights
standards, of the various measures taken by Council of Europe member
States and the European Commission to stop asylum seekers from Western
Balkan countries from applying for asylum in European Union countries;
6.3. pay particular attention to establishing whether the Roma
community is affected by and/or involved in trafficking in human
beings, and examine whether the standards and measures contained
in the Council of Europe Convention on Action against Trafficking
in Human Beings (CETS No. 197) are effectively implemented as regards
Roma and whether any further specific measures are necessary, including
further action by the Council of Europe;
6.4. consider ways and means of addressing the problem of negative
stereotyping and stigmatisation of Roma in the media and in political
discourse, with due respect for the freedom of expression and freedom
of the media.
7. Furthermore, the Assembly asks the Committee of Ministers
to:
7.1. urge member States to stop
actions which amount to the collective expulsion of Roma and to reconsider
their forced return policies of Roma to Kosovo, suspending forced
returns until they can be shown to be safe and sustainable;
7.2. ask member States to ensure that the special needs of
Roma migrants are addressed when developing and implementing national
strategies or policies that foster the social inclusion of the Roma;
7.3. ask member States to take the necessary steps to naturalise
stateless Roma and to sign, ratify and implement the European Convention
on Nationality (ETS No. 166) and the Council of Europe Convention
on the Avoidance of Statelessness in relation to State Succession
(CETS No. 200), as well as the United Nations 1954 Convention relating
to the Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness;
7.4. urge member States who have not yet done so to sign and
ratify Protocol No. 12 to the European Convention on Human Rights
(ETS No. 177);
7.5. ask member States to ensure that fair, impartial and non-discriminatory
policing practices are used for dealing with all migrants, including
Roma;
7.6. recommend that member States carry out an in-depth analysis
in order to find the general and country-specific causes of population
movement and migration and to develop and implement measures which
could eliminate these causes; furthermore, to recommend that member
States and the European Union raise funds which could be used for
the above purpose.
8. Finally, the Assembly informs the Committee of Ministers that
it has decided to support the Council of Europe “Dosta!” campaign
(“Go beyond prejudice, meet the Roma!”) by providing its members
with relevant information so as to enhance awareness among and through
national parliaments.