Monument for Sinti and Roma victims of Nazis highlights German government hypocrisy

This article comes to us from the RINA network and was written in the World Socialist Website at WSWS.org

Monument for Sinti and Roma victims of Nazis highlights German government hypocrisy

By Bernd Reinhardt 
29 October 2012

On October 24, a central memorial for the 500,000 Sinti and Roma murdered by the Nazis was unveiled in Berlin. The monument is sited immediately next to the Bundestag (parliament) building. It is also close to the Holocaust memorial for the Jews murdered during Nazi rule.

The ceremony to unveil the monument was attended by representatives of the Sinti and Roma communities, a representative of the Central Council of Jews in Germany, and the vice president of the International Auschwitz Committee. Top representatives of the German political establishment were present, including Federal President Joachim Gauck, Chancellor Angela Merkel, Culture Minister Bernd Neumann and Bundestag President Nobert Lammert.

Also in attendance were various party representatives such as Gregor Gysi and Petra Pau (Left Party), Renate Künast (Greens), Berlin Mayor Klaus Wowereit (Social Democratic Party), and former federal president Richard von Weizsäcker. The ceremony was transmitted live on television.

Israeli artist Dani Karavan created the monument in accordance with guidelines provided by the Sinti and Roma communities designed to point to their common history of persecution. The monument consists of a circular black basin filled with water, twelve metres in diameter, with a triangle-shaped column at its centre representing the piece of fabric that Sinti and Roma were forced to wear in the concentration camps.

Every evening, the column will retract, appearing again the following day bearing a fresh flower. This stands for recurring sorrow, recurring life and a constant reminder to keep alive the memory of the crimes committed against the Sinti and Roma.

The poem “Auschwitz” by the Italian Roma musician and poet Santino Spinelli is worked into the edge of the basin. A glass wall near the basin provides information about the history of the Nazi persecution of the Sinti and Roma in Europe.

The chair of the Central Council of German Sinti and Roma, Romani Rose, and the Dutch Sinto Zoni Weisz delivered moving speeches. Last year, Weisz was the first Sinto to address the German Bundestag, where he called upon deputies to make public the “forgotten Holocaust”. As a child he escaped deportation to the camps but lost his entire family.

Romani Rose, who lost 13 family members in the camps, has long been active in the Sinti and Roma civil rights movement in Germany. He held a hunger strike at the Dachau concentration camp in 1980 to draw attention to the genocide against the Sinti and Roma.

Both speakers visibly struggled with their emotions. Many of the Sinti and Roma present cried when Weisz recounted the history of his family. Practically every family has lost members. The memory of the nightmare of the Third Reich and the fear of its repetition remain tangible today.

In the background but very present at the ceremony was a sense of the hypocrisy of unveiling a memorial over half a century after the crimes were committed, compounded by the escalating persecution of Sinti and Roma today in Germany and throughout Europe.

Following the speech by Chancellor Merkel, one angry audience member demanded to know what was happening to the Sinti currently being deported from Germany to Eastern Europe. A speaker on the platform simply talked over the objection, declaring, “That is not the issue here today.”

This arrogant response underscores the fact that the German government has no interest in documenting and exposing the crimes of the Nazis against the Sinti and Roma, providing restitution for these crimes, or looking honestly and objectively at Germany’s postwar history.

Following the Second World War, old Nazis were able to continue their careers. Practically the entire judicial and civil service apparatus of the Third Reich was taken over by the “democratic” Federal Republic of Germany.

The size of the pensions received after the war by such officials and judges included their service under the Nazis, while their victims were often treated as outcasts. The documentary film Django’s Song by Tom Franke and Kuno Richter depicts a Sinto from Oldenburg, who describes how Sinti visiting the doctor’s surgery after the war were often confronted with the very medics who had sent them to the concentration camp.

In 1956, just seven years after the establishment of the Federal Republic of Germany, the Supreme Court rejected a compensation case benefiting Sinti and Roma, declaring that they had not been persecuted in the Third Reich on racist grounds, but because they displayed criminal tendencies. “They often lack the moral instinct to respect the property of others, and like primitives are driven by an unbridled cupidity”, the verdict read.

The Sinti and Roma fought up to the 1980s without success for moral and financial compensation for the crimes committed against them by the Nazis.

There are many hair-raising stories. The above-mentioned hunger strike in 1980 was directed against the Bavarian state Interior Ministry, which refused to allow Sinti to view the files of the “Landfahrerzentrale” (Central Agency for Vagrants), the immediate successor to the fascist “Reichszentrale zur Bekämpfung des Zigeunerunwesens” (Reich Headquarters to Combat the Gypsy Pest). The Landfahrerzentrale had relied on files created by the Nazis. Some of those working in the agency had been so-called “Gypsy specialists” in the Third Reich.

In the 1920s, the crisis-ridden Weimar Republic, with its many unemployed and homeless, had already set up “Zigeunerzentralen” (Police Gypsy Bureaus), which gathered intelligence on Sinti, Roma and “other Gypsy-like itinerant persons”. Bavaria was the pioneer with its 1926 law to “combat Gypsies, vagrants and the work-shy”. In Hesse, following the Bavarian model, the Social Democratic state interior minister and trade union leader Wilhelm Leuschner introduced the “law to combat the Gypsy menace”, which was passed in 1929.

It was only in 1982, more than thirty years after the establishment of the Federal Republic of Germany, that Sinti and Roma were recognised to have been persecuted by the Nazi regime on racist grounds, and their mass elimination recognized as genocide. But this was not made public.

The German Democratic Republic (East Germany) also condescended merely to erect an unobtrusive monument at the Marzahn Cemetery on the outskirts of East Berlin. Sinti and Roma were never recognised as national minorities in either of the postwar German states.

It took another ten years, at the behest of the Sinti and Roma communities, before the Bundestag relented and agreed to erect a central memorial. It then took a further twenty years before it was actually unveiled. During this entire time, Sinti and Roma have been confronted with the claim that their persecution could not be compared to the Holocaust of the Jews. In the meantime, many victims have died.

Despite their expressions of gratitude to Chancellor Merkel, the bitter tone of the two Sinti speakers could not be missed. The oft-used word “hope” could only partially hide their disappointment.

In his speech, Rose warned of the growth of racism in Europe and Germany, which was not restricted to far-right groups, but was increasingly found in the midst of society. According to Rose, the political and judicial response to the right-wing ideology of violence is a touchstone as to whether lessons are drawn from the war and the Holocaust.

Rose mentioned the victims of the neo-Nazi terrorist group from Zwickau, which for all those present brought to mind recent press reports on the involvement of the secret service in the far-right scene. He greeted from the podium the representatives of Berlin’s Muslim community, who are also increasingly confronted with racist attacks.

In her long-winded speech, Chancellor Merkel did not have much to say other than to repeat a few platitudes about human dignity and civil courage. She spoke of the “incomprehensible” that had knocked Germany off its course and from which one had to learn. How one can learn from something that is incomprehensible, she did not say. Merkel then promised that Germany would continue to pursue the rights of the Sinti and Roma in the European Union.

The opposite is the case. Immediately following the unveiling, Merkel’s interior minister, Hans-Peter Friedrich (Christian Social Union—CSU), gave out with a tirade in the media against refugees from Serbia and Macedonia, whence come the majority of Roma, who are fleeing from unbearable living conditions and racist persecution. One day following the unveiling, he proposed that benefits paid to these refugees be cut. The human rights organisation Pro Asyl accused him of launching a “populist campaign against Roma from the Balkan states.”

Sinti and Roma are also systematically persecuted in Italy and France. The French government has dispersed them from their camps and deported them en masse to Romania and Bulgaria.

In Eastern Europe, the terror faced by Roma and Sinti recalls the Nazi era. In the Czech Republic and Hungary, uniformed fascist gangs organise regular marches in Roma neighbourhoods, encouraged and tolerated by the authorities. Attending school and getting access to medical care have become increasingly difficult.

The Merkel government, which is mercilessly driving forward austerity measures throughout Europe, bears the main responsibility. German calls for financially drained governments to protect the “human rights” of the Roma are hypocritical to the core.

Friedrich’s predecessor as interior minister had also proceeded against Sinti and Roma. In 2002, Otto Schily (Social Democratic Party—SPD) negotiated a so-called readmission treaty with Albania and Yugoslavia, which included “combating illegal migration from the Balkan region.”

Many of those affected had fled to Germany in the 1990s as a result of the civil war in Yugoslavia. In April 2010, Thomas de Maiziere (Christian Democratic Union—CDU) signed an agreement that obliged Kosovo to take back 14,000 refugees. Some 10,000 were Roma who had fled the terror being carried out by the German-supported Kosovo Liberation Army (KLA).

Recently, if one listened carefully, the long plaintiff sounds of a violin could be heard coming from a small park near the Brandenburg Gate. Refugees had set up a camp and begun a hunger strike protesting their persecution and demanding the right to stay and work in Germany. On the eve of the unveiling of the monument, police forcibly dismantled and closed down the camp.

Service for the Victims of O Baro Porrajmos

Service for the Victims of O Baro Porrajmos

by Ciuin Ferrin on Sunday, January 29, 2012

Last night The People's Church in Cedar Rapids held a wonderful candle lighting ceremony for Rromani victims of the Holocaust. I wanted to share with you some of the beauty we shared.

Reverend Tom Capo opened with a call to join us. Here is his text.

"Good evening and welcome to People's Church Unitarian Universalist. I an the Reverend Tom Capo, minister here at People's. Last week I heard about the Romani people. I held certain misconceptions and prejudices that I was not even completely aware of. Much of what I knew of the Romani people was based on movies or television shows- broad strokes about a people I really knew little about. Generalizations that painted a picture of a people who stole and cheated anyone they could and put curses on others. But as we all know, prejudices and oppressions are based on these generalizations. I did not know that the United Nations had excluded the Romani people from the annual Holocaust Memorial services. I did not know how many Romani were killed during the Holocaust. I did not know that the Romani people were being oppressed throughout Europe. I did not know that some Romani in the United States were afraid to embrace and express their Romani heritage because they would be oppressed here or their business would lose customers if they expressed their heritage. I did not know, but now I do. I am awakened to this injustice, and I feel a need to support this community and to open this church to a remembrance for this people. I have learned that there are some Romani people believe that when they die, their soul will remain alive so long as they are remembered. As we worship tonight, let us keep the souls of the Romani people who suffered during the Holocaust and who are suffering throughout the world in our thoughts and prayers. Let us remember them."

This statement from Els de Groen, President of the World Artist Initiative Khetanes, was read aloud.

"Imagine a world with plenty of jobs, proper housing, health care, clean water, and proper nutrition for every human being. It would be a world without discrimination; a world where human diversity would be a source of inspiration for arts and education; a world where mankind would appreciate one another for their beauty and uniqueness as we do flora and fauna of the world. Now, take a look around our world: unemployment, homelessness, disease, and hunger. It's a world of booms and slumps, and of wealth and suffering. In this world, human variety is not perceived as richness but as a threat or potential for corruption.

Seventy years ago, Hitler's racial doctrines convinced people that once Jews and Roma were removed from existence, the Third Reich would be a paradise for the Aryan race. Approximately 6 million Jews and 1-3 million Roma perished in the darkest period in Europe's history. Though over seven decades have passed, survivors of the Holocaust must be shocked at how many of today's social attitudes parallel with those of the 1930s. Once again, in the face of many ills plaguing the world, the human race is resorting to populism, calling for scapegoats. Once more, Europe leads the way in this modern day witch hunt, and once more, the Romani people are being victimized. Fingerprinted and registered like common criminals, murdered in arson attacks, collectively deported, and defamed by the social media, the Romani people once again face the crimes they endured in the Holocaust and the situation worsens with each passing day.

Using our imagination and intellect is not a luxury only to be engaged in during times of prosperity, but more so as an absolute necessity in times of recession. We must use our ability to reason to keep racism from spreading. After all, history does not repeat itself. It is us that repeats history. We are once more allowing the senseless deaths of the Nazi victims, and only the sense to be had is in the words "Never Again". "Never Again" should these crimes be endured by the human race. Use your imagination! Imagine that we are capable of creating a world that exposes the fairy tale lies of racial superiority. This one act of mental power won't alone create the ideal, prosperous world, but it will be a far better one and the best memorial for millions murdered in the Porrajmos and the Shoah."

This was the call to meditation and prayer.

"Let us join together in prayer or meditation.
Spirit of love, God of many names, be with us and honor the Romani people.
A human life is sacred.
It is sacred in its living and it is sacred in its dying. We grieve at the loss of so many Romani people; people who lost their lives for no other reason than the culture they were born in and that they cherished in their hearts. We also grieve for those Romani people who are oppressed; oppressed for no other reason than the culture they were born in and that they cherish in their hearts. We will remember those who have passed on, but we know in our hearts there is more that needs to be done for those alive today. We must reach out with our hands to help those in need, we must let them know that they are not alone, and there are those of us who will walk with them, who see them as people who deserve the universal human rights that all people deserve, who see them not as caricatures or as objects, or as the "Other", but as real people, with feelings of love, and hope, and sorrow, just like we have, with the same human frailties and pain that we all carry. They are no different than us, but they need us because there are some people in this world who treat them as the "Other" - to be shunned and banished and oppressed. Let is remember that nothing can take the place of outstretched hands of human sympathy and understanding, the spoken and silent assurance given by friends - let us remember we have all walked the way of sorrow, of pain, of hopelessness in times past and felt loss. Let us assure them that when they find themselves feeling sorrow or loss, pain or oppression, that they do not walk alone."

And Dr. Ian Hancock sent these words to be read as the votive candles, placed on the circle of our flag, were being lit.

"For us in the United States, the horror of the Holocaust resonates so harshly in our memory because of the enormity of the loss of life it caused, because it occurred in the West and because it happened in living memory. Hitler's attempt to create his Master Race and to dominate all the lands around him, involved both military action and genocide. The two populations targeted for annihilation following the directive of the Final Solution were the Jews and the Roma, both people's losing between a half and three-quarters of their respective populations in Nazi-occupied Europe. We commemorate those tragic losses each year in ceremonies such as the one we are attending today. But we must also be fiercely aware that unless we continue to remember and examine such genocides, history can repeat itself. There have been other genocides since 1945. The Romani people have been subjected to the very same treatment in post Holocaust Europe that Hitler imposed upon them in his Third Reich: there have been forced arrests and incarcerations; there have been sterilizations, there have been neo-Nazi murders, all recorded in this the twenty-first century. We must be ever vigilant, ever alert to the early warning signs of another impending genocide. God bless the memories of those lost in the past, and God protect those who are being targeted in the present time."

O Porrajmos Education Society would like to thank the People's Church for their kindness and generosity in this beautiful ceremony, a ceremony the UN was unwilling to give us.

Holocaust Remembrance Day

In 1935, Hitler issued the Nuremburg Laws, declaring both Jew and Gypsy were ineligible citizens in the Reich because of impure bloodlines. Himmler organized the death camps and killing squads and Jews and Gypsies died side by side in the gas chambers.  6 million Jews and 3 to 5 million Gypsies were murdered due to race. The atrocities the Russians discovered at Auschwitz laid the foundation for the definition of genocide adopted by the UN in 1948.

Since then, Holocaust scholars have forgotten about the Rromanies, known as “Gypsies,” allowing history to repeat itself. European politicians blame them for a poor economy and crime. In the Czech Republic, Rromani children aren’t allowed to attend public schools and over 90,000 Rromani women have been sterilized since 1980. Italy fingerprinted and photographed the Rromani in 2008. Neo-Nazis in Hungary, Bulgaria, Romania, and Italy murder Rromani with near impunity. Germany, France, and Italy deport the Rromani, and England practices illegal evictions.

In October of 2011, Thomas Hammarberg, Commissioner for Human Right for the Council of Europe declared “The importance of teaching about Roma history cannot be overemphasized. [r]aising awareness of the Roma genocide and building … memorial sites are the least states could do to honor Roma victims.”

The UN declared January 27 ‘International Holocaust Remembrance Day’ to “[c]ondemn ‘without reserve’ all manifestations of religious intolerance, incitement, harassment or violence against persons or communities based on ethnic origin or religious belief, whenever they occur." Yet Rromanies will not be allowed to participate in the UN’s ceremony.

Rromanies aren’t usually allowed inside the gates of Auschwitz for their ceremonies either. The Rromani have been told their participation would “dishonor the memory of the true victims.”

The Holocaust didn’t happen in a bubble. Please remember all victims on January 27 and reject intolerance.

January 27, Holocaust Remembrance Day. A time to act.

We are fast approaching January 27, which is the day the General Assembly of the United Nations declared to be International Day of Commemoration to honour the victims of the Holocaust. They also urged their member states to develop educational programs to "instill the memory of the tragedy in future generations to prevent genocide from occurring again." January 27 was selected as the date since it is the date the Russians liberated Auschwitz-Birkenau, the largest of the death camps, where they found only one survivor of Romani descent. The Assembly stated

"Rejecting any denial of the Holocaust as a historical event, either in full or in part, the 191-member Assembly adopted by consensus a resolution condemning “without reserve” all manifestations of religious intolerance, incitement, harassment or violence against persons or communities based on ethnic origin or religious belief, whenever they occur."

So the question must be asked, why has the United Nations refused the Romani nation to participate in the ceremonies this year? Last year we were included, but, as of this writing, this year we are not. If the UN found it a worthy effort to spend two days in 2005 debating the issue of establishing a memorial date and went so far as to ask every member state to commemorate the day, then why include a minority who has the most to lose from being excluded from the services? Is it because there is a question as to the murder of the Romani people in the Holocaust?

Even the expert scholars, survivors themselves, state that the Romani people were indeed victims of the Holocaust. In a letter written to Elie Wiesel and dated December 14th, 1984, Simon Wiesenthal stated

“The Gypsies had been murdered in a proportion similar to the Jews: about 80% of them in the area of the countries which were occupied by the Nazis.”

Even Germany finally admitted to the world that the Romani nation was selected as a race for extermination, as evidenced by former German president Roman Herzog stated in 1997,

"The genocide of the Sinti and Roma was carried out from the same motive of racial mania, with the same premeditation, with the same wish for the systematic and total extermination as the genocide of the Jews."

One would think that such statements, made years in advance of the creation of the day of remembrance would be admission enough, but it seems it isn't.

So we look to the statement made by the Assembly itself, piece by piece. The first section reads:

"Rejecting any denial of the Holocaust as a historical event, either in full or in part..."

Is not silence just as deafening as the cries of millions? By their silence and by their unwillingness to to include the Romani nation in their ceremony and allowing a Romani to speak, they add to the misguided belief that the Romani people were not victims of the Holocaust. Rejection by omission is just as bad as flat denial, which the UN rejects.

"...the 191-member Assembly adopted by consensus ..."

191 members of the Assembly agreed to this, and yet, who among them is asking for full inclusion of the Romani people, people who were affected in many of these countries? These members must look to the histories of their own countries and see what side they were on, what actions their government took, and, in the glaring light of the present, act accordingly.

"...a resolution condemning “without reserve” all manifestations of religious intolerance, incitement, harassment or violence against persons or communities based on ethnic origin or religious belief..."

Read it again. "Without reserve" all manifestations of  religious intolerance, incitement, harassment or violence against persons or communities based on ethnic origin or religious belief (emphasis mine). This section here means we are included. Or should be included, by their own admission!

And finally,

"...whenever they occur."

They already have occurred and they are currently occurring while the UN does what? Remains silent.


So in our fight for human rights and our dealings with the UN, who do go to? There is a United Nations Human Rights Council. What nation has been designated with such an honor? The Czech Republic.

"[T]he Czech Republic was elected to the United Nations Human Rights Council for the term 2011 -2014. The Czech Republic thus has the honor to become one of the 47 member states of the main UN body responsible for creating and implementing UN policies in the field of protection and promotion of human rights in various part of the world." (emphasis mine)

Seriously? According to the Office of the Commissioner for Human Rights for the Council of Europe, over 90,000 Romani women were sterilized in the Czech Republic since 1980. Romani children are still be segregated from the public school system even after the Court of Human Rights ordered the Czech Republic to de-segregate in 2007.

I bring this up because there is a direct link to the Holocaust and our fight for justice in Europe. When the Third Reich fell to the Allies and the atrocities committed by the German State were revealed to the world, the anti-Semitic laws were immediately abolished. Not so in the case of the anti-Gypsy laws. It was still illegal to be a Gypsy until 1953. No one was educated about the murders of the Romani people because few survivors wanted to talk about what they experienced and the deaths of loved ones and family members. Now, the world is blissfully ignorant of the Romani inclusion in the Holocaust and the hate and persecution that resulted in O Baro Porrajmos continues to this day and we face a genocide once again.

We must demand the UN include us and, if they refuse, we must make it clear in cities around the world that we, as a nation, were set for extermination and that we can see it happening again and that we will not allow it.

Organize something within your community. A meal with a candle lighting ceremony, a wreath presentation to a river, or volunteer to speak at a school. The point is, do something. Record that event through pictures or video. Let  people see what we stand for because if we don't speak for ourselves, who will?

The Romani Holocaust and Contemporary Challenges: Tackling Discrimination and Human Rights Abuse of Roma

The following article comes from the Roma Virtual network and touches the key subject and area of interest to O Porrajmos Education Society. We firmly believe that without a strong understanding of Rromani history, the world and the Rromani , will never be able to move forward towards equal human rights for the Roma. We are a people who have had our own history handed to us by other countries. We are dictated to in classroom textbooks, even if those textbooks do so by excluding us. Failure to educate students on the truth is an open invitation for error. Students will believe the racists, the deniers, or the other uneducated individuals they see in the media. If we want to stop the racists we must take a lesson and begin, as Hitler did, with the youth. We must take control of what is taught and in order to do that, we must claim our history, learn it, and teach it. We must demand that our legacy is taught in schools around the world, not as a footnote, but in an equal setting, side by side with any other nation. We must demand the nations recognize us in memorials as victims so that future generations will have a better understanding of our suffering and our fight for our basic human rights.



Council of Europe: Commissioner of Human Rights
Chisinau 20-21 October 2011

CommDH/Speech(2011)13
English only

The Romani Holocaust and Contemporary Challenges: Tackling Discrimination and Human Rights Abuse of Roma
Intervention by Council of Europe Commissioner for Human Rights, Mr Thomas Hammarberg

There is a red thread running through the history of Roma people, the deeply-rooted anti-Gypsyism to which they are still overwhelmingly subjected and the discrimination and marginalisation which characterises their position across Europe today.

If we want to promote the inclusion of Roma in society, we cannot work on the surface; we must dig deeper and address all the different aspects that have concurred, and still concur, to make of the biggest minority in Europe also the most discriminated against and excluded. Roma history is one crucial point at which to pick up the thread.

The importance of teaching about Roma history cannot be overemphasised. Teaching about Roma history, raising awareness of the Roma genocide during the Second World War, and building and maintaining memorial sites are the least states could do to honour Roma victims.

After decades of denial or neglect, these initiatives also powerfully symbolise society’s acknowledgment of the human dignity of the Roma. This is central to combating anti-Gypsyism, which feeds precisely on denial of equal human dignity (or carelessness towards equal human dignity) for this part of Europe’s population.

In my review of the areas on which I believe Europe and its countries must concentrate their efforts towards Roma inclusion, anti-Gypsyism is therefore a natural stepping stone.

Anti-Gypsyism

Anti-Gypsyism is perhaps the most powerful mechanism of Roma exclusion. No programme aimed at improving the situation of the Roma populations, be at international, national or local level, can be successful without resolute action to combat anti-Gypsyism. There are several key actors that should be involved when working against anti-Gypsyism:

First, politicians and public opinion leaders. Racist or stigmatising anti-Roma rhetoric has been on the rise. This has included generalisations about criminal behaviour, with well known examples from France, Italy, Hungary and the Czech Republic. In some cases, these words were understood as encouraging violent action against the Roma, such as mob violence and pogroms. Anti-Roma speech, including during electoral campaigns, must stop. It should be strongly condemned in all cases and punished when it breaks laws against incitement to hatred. This is not the case at present, as witnessed during my May 2011 visit to Milan, where posters all around the city warned against the risk of the city turning into a “Gypsytown”. Political parties should adopt self-regulatory measures to exclude racist language.

Second, action must be intensified against extremist groups. These groups have been very active in galvanising segments of the public against Roma. Recent events in Hungary, Czech Republic (North Bohemia) and Bulgaria show that this is a real threat. Members of these extremist groups have been found to be at the origin of a number of hate crimes targeting Roma -- some of an exceptional cruelty -- for instance in Hungary and the Czech Republic.

Third, anti-Gypsy stereotypes also continue to be spread and perpetuated in several media across Europe. A number of journals and broadcast media have been only reporting on Roma in the context of social problems and crime. Reporters and editors should not be megaphones for particular interests. However, they can contribute to a fairer society through genuine professionalism, which can be achieved through better self-regulation and ethical journalism.

Fourth, we need to act directly on the general population to eradicate anti-Gypsyism. As mentioned above, this must be done through teaching of Roma history and culture. I have repeatedly called on Governments throughout Europe to translate the Council of Europe Factsheets on Roma History in their national languages in order to use and disseminate them as widely as possible in their national contexts, including schools.

Racist violence

In many countries, Roma are vulnerable to racist violence directed against their persons and property. These attacks have sometimes resulted in serious injuries and death. This violence has been prevalent in post-1989 Europe, with a notable increase of serious cases in recent years. The spate of attacks in Hungary, Italy and Czech Republic registered in the last three years are witnesses to this.

It is not only members of organised fascist or neo-Nazi groups who are behind these attacks. In some instances, non-Roma communities have engaged more or less spontaneously in vigilante violence against Roma. In other cases, the attackers were individuals motivated simply by racist hatred without any apparent political ideology.

Member states should ensure that the police thoroughly investigate racist offences, including by fully taking the racist motivation of criminal acts into account. They should also establish mechanisms for systematic monitoring of racist, including anti-Roma, incidents.

Treatment of Roma by law enforcement authorities

Patterns of discrimination and ill-treatment by police towards Roma are widely reported. Roma have been subjected to police violence in detention facilities and public spaces, such as Roma settlements during police raids. When investigations have been carried out, they frequently appear to have been biased or discriminatory. It is imperative (and an obligation highlighted by the Strasbourg Court) for the authorities to investigate effectively the possible racist motives in these situations. The establishment of independent police complaints mechanisms can help, among other things, to restore Roma trust in law enforcement authorities.

Roma have also been subjected to ethnic profiling, including during “stop-and-search” operations and in the context of their movement across international borders. Laws should explicitly prohibit racial profiling and establish a reasonable suspicion standard in police operations. The police must receive training in these issues.

Steps to establish trust between Roma communities and the police should be undertaken, such as the recruitment of Roma in the police or the recruitment and training of Roma mediators to liaise with the police.

Treatment of Roma by judicial authorities

A subject area not sufficiently researched is discrimination of Roma in the administration of justice. In a number of countries, Roma appear to be discriminated for instance in decisions to remand into custody, rates of prosecution and sentencing.

Some of the problems facing Roma in the field of criminal justice include: a lack of adequate representation when facing charges; an absence of respect towards Roma as witnesses; and deficiencies in interpretation services. The principle of the presumption of innocence is not always respected when Roma individuals are put on trial.

It is important that steps are taken to prevent racial discrimination against accused Roma persons who are subject to judicial proceedings so that these persons receive a fair trial.

Education

Discrimination and segregation in education is one of the factors with the most devastating long-term consequences for Roma. Because of governments’ failure to tackle this problem with sufficient resolve, generations of children in Europe continue to be relegated today to a future of second-class citizens.

Roma children can face difficulties when they try to enroll in schools; they are also often over-represented among those who do not attend regularly and drop out of school. More needs to be done to reverse this trend, with particular priority to be given to pre-school education.

In a number of countries, Roma children are disproportionately represented in schools for children with intellectual disabilities. They can also be sent to mainstream schools which are Roma-only, or to Roma only classes in mixed schools. In all cases, they receive sub-standard education.

The Strasbourg Court has addressed all these aspects in three important judgments (against Greece, for non enrolment; against Croatia, for separate classes; and against the Czech Republic, for education in schools for children with intellectual disabilities). These judgments now need to be fully implemented. The standards they set are binding on all states, which should make sure that their practices concerning education of Roma children are in conformity with these judgments.

Housing

The situation of many Roma with respect to the right to housing is characterised by: sub-standard material conditions; segregation; forced evictions; and homelessness. Discrimination plays a crucial role in determining all of these situations.

Residential segregation of Roma is evident in many countries. Some mayors have made efforts to ensure that Roma remain in certain delimited areas. They have used public funds to establish segregated housing provision. Spatial segregation has been in some cases reinforced by the construction of walls around Roma neighbourhoods. These destructive measures must stop.

Many Roma continue to live in sub-standard conditions in most of European countries, without heat, running water or sewage. I have repeatedly drawn the attention to the situation of Roma in a series of localities in and around Mitrovicë/Mitrovica in Kosovo^*, who have been, over the period of more than ten years, subjected to housing conditions in very toxic environments. The right of Roma to live in adequate housing in accordance with international legal standards needs to be guaranteed. All public utilities, including water, electricity, collection of waste and maintenance of access roads need to be provided to Roma, including in settlements.

Roma are also manifestly affected by lack of adequate recognition of tenure throughout the Council of Europe space. This situation directly leads to forced eviction. In some countries, forced evictions have increased in the last years, often targeting the same migrant Roma families, including children, repeatedly over short periods of time. This is the situation that was reported to me in Milan by a number of Romanian Roma families – they were moved often in the early hours of the morning; they often lost their property; and their children had to stop going to school. The authorities must respect the agreed standards on forced evictions. These require: genuine consultation with those affected; reasonable notice; access to legal remedies; compensation; and most importantly, alternative housing. Evictions must also not render individuals homeless.

Employment

Despite positive efforts in some countries, levels of unemployment among Roma are invariably at levels significantly higher than among non-Roma throughout Europe. Under-education and endemic discrimination are the main challenges affecting the inclusion of Roma in the labour market.

Measures to address Roma unemployment must include both assistance to victims of discrimination in claiming their rights and positive measures targeting Roma specifically. During my visit to Madrid last April, I have had an opportunity to learn about Spain’s ACCEDER Programme on access to employment for Roma, which has been noted as an example of good practice. The programme has promoted strong partnerships at local, regional and national levels and has reportedly benefited tens of thousands of Roma. This includes almost 40,000 employment contracts concluded.

Special attention should be paid to Roma women who suffer from double discrimination, as Roma and as women. This should include efforts to improve their socio-economic status and to ensure their access to education and health as preconditions for employment.

Health

Throughout Europe, the average life span of the Roma is shorter than that of non-Roma. Roma infant mortality rates are also higher. Among the causes for this are a lack of funds to pay for insurance or treatment; a lack of identification documents; and a lack of means of transportation from remote areas to healthcare facilities.

Healthcare providers also reportedly discriminate against Roma, including in the provision of emergency services. Some hospitals regularly segregate Roma patients from non-Roma patients, especially in maternity wards. In some countries, Roma have been excluded from healthcare schemes, as they cannot afford to pay health insurance contributions or are not formally employed or registered in employment agencies.

Geographically accessible and affordable healthcare should be provided to Roma without discrimination. Efforts should be made by member states in the field of preventive care and awareness-raising campaigns regarding Roma, particularly in the area of sexual and reproductive health of Roma women.

Statelessness

Tens of thousands of Roma live in Europe without an effective nationality. Lacking birth certificates, identity cards, passports and other documents, they are often denied basic rights such as education, healthcare, social assistance and the right to vote.

The problem exists in many countries in Europe, but it is particularly acute in the Western Balkans. In recent years, the UNHCR has run programmes in the Western Balkans to help Roma accessing personal documents. The European Union has also started similar projects.

However, what is really needed is meaningful interest on the part of authorities to tackle and resolve the issues. Without state-level commitments to ameliorate conditions so that currently excluded persons can have access to documents, for example via “amnesties” for persons with no birth certificates, there is little indication that these projects can have a major impact.

Migration and free movement

Roma have repeatedly been treated differently from non-Roma in the exercise of freedom of movement within European Union, to which they are entitled as EU citizens. The expulsions of Romanian Roma from France over the Summer 2010 have rightly received considerable international attention, but these practices are carried out in other countries, too, including Italy. Efforts to expel EU citizens in contravention of EU law, as well as other discriminatory measures aimed at hindering access to territory, should be stopped. The resources being used by EU member states to repatriate Roma who are EU citizens would be better spent facilitating their social inclusion.

Even when at risk of serious human rights violations, Roma face discrimination in accessing international protection on an equal footing with others. In some countries, Roma asylum seekers have been provided with forms of temporary protection which do not confer residence status or any progressive accrual of rights. The repeated provision of extremely short-term “tolerated” status has effectively prevented tens of thousands of third-country national Roma from integrating into host societies. Roma asylum-seekers and internally displaced persons should be treated the same way as non-Roma.

Many European countries have undertaken the practice of expelling Roma from their territory, including to Kosovo, despite the fact that Kosovo is at present unable to provide conditions for the sustainable reintegration of these returnees. I have repeatedly warned member states of the Council of Europe against forcibly returning Roma, Ashkali and Egyptians to Kosovo. Member states must also respect the agreed procedural safeguards applicable to forced return and respect the prohibition of the collective expulsion of aliens.

Sterilisation

In some countries, forced sterilisation of women, targeting especially Roma women, was a practice followed during Communist times. After the fall of communism, these practices became unlawful, but some health professionals have continued the practice in both the Czech Republic and Slovakia, with cases also having been documented in Hungary.

In November 2009, the Czech Ombudsman, Otakar Motejl, stated that as many as 90,000 women may have been sterilised on the territory of the former Czechoslovakia since the beginning of the 1980s.

The states concerned must acknowledge and apologise for these practices: this has been done only in the Czech Republic in November 2009.

They should also make effective remedies available to victims to obtain reparation and compensation. However, this is not the case in any of the countries mentioned. According to information available, only two Roma women (one in the Czech Republic and one in Hungary), have been able to obtain compensation so far for having been unlawfully sterilised.

Legislation must clearly define a requirement of free, prior and informed consent with regard to sterilisations, and be accompanied by implementing guidelines. There is progress to be made in this area, too, for instance in Slovakia.

Judicial and administrative sanctions must also be upheld against those persons liable for sterilising women without their full and informed consent.

Placement of children in institutional care

Roma children are often heavily over-represented among the children placed in out-of-family care, including institutional and foster care.

In a report published by the ERRC in June 2011, the percentages of Roma children in the institutions visited were 82,5% in Slovakia; 65,9% in Hungary; 63% in Bulgaria; 40,6 in Hungary and 10,4 in Italy.

These children are often placed in institutional care solely on grounds relating to the poor housing conditions or financial situation of their families. However, this practice contravenes international standards and must stop. Institutional placement of a child should remain the exception and should have as the primary objective the best interest of the child.

Roma and trafficking

Reports indicate that trafficking in persons in Europe affects Roma disproportionately – particularly but not only, Roma women and children. Roma are trafficked for various purposes including sexual exploitation, labour exploitation, domestic servitude, illegal adoption and begging.

The vulnerability of Roma must be acknowledged in national policies regarding trafficking in human beings, without any stigmatisation. Protection measures should include training of law enforcement officials and awareness-raising campaigns targeting Roma communities, in particular in segregated and socially excluded communities.

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Conclusions

As we have seen, the factors that result in the seriously sub-standard human rights situation of many Roma in Europe are numerous and interconnected. As a result, an effective government’s response can only take the form of systematic human rights work, which addresses all aspects in a manner that is both comprehensive and long-term.

Such systematic work can be based on the following guidelines:

European states should adopt comprehensive and adequately resourced strategies to improve the situation of Roma. These strategies should recognise the complementarity of inclusion and anti-discrimination. In particular, they should make clear that the responsibility for Roma inclusion rests to a considerable extent on the majority population. As a result, Roma inclusion measures should include both measures targeted at the Roma population (in particular positive measures) and measures targeted at the majority population (notably to reduce anti-Gypsyism and discrimination). It is important that reasonable progress is made on all areas mentioned earlier at the same time, and that no area is neglected.

National strategies should put a strong emphasis on the importance of local authorities’ involvement in Roma inclusion. The Summit of Mayors on Roma held in Strasbourg on 22 September has inaugurated an alliance of cities and regions for Roma inclusion – this is an initiative that will hopefully bring useful results.

An effective legal and institutional framework to counter discrimination and anti-Gypsyism is paramount. This includes in particular, effective anti-discrimination legislation and independent and adequately resourced national equality bodies that can assist with the implementation of this legislation. Extensive guidance is available on these aspects and governments should make the most of it. The legal framework must be completed through ratification of Protocol No. 12 to ECHR (which provides for a general prohibition of discrimination) and effective provisions against hate speech. The case law of the ECtHR regarding cases of discrimination against Roma – for instance, on segregated schooling and on anti-Roma violence – should be fully executed and more actively disseminated.

Participation of Roma must be ensured. They must be key partners in the designing, implementation and monitoring of policies regarding them at local and national level. In co-operation with them, the most appropriate ways of collecting quality, long-term data disaggregated by ethnicity must be devised. Without this data – and without a fair use of it by public authorities respecting data protection systems - it is virtually impossible to assess the effectiveness of measures taken for Roma inclusion or progress achieved. Therefore, securing durable advances becomes all the more difficult.

It should be ensured that the best possible use is made at national level of funding opportunities available, notably EU funds. This include securing a satisfactory absorption capacity, but also monitoring that the funds are actually used for the purposes for which they were allocated.

^* Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understood in full compliance with United Nations Security Council Resolution 1244 (1999) and without prejudice to the status of Kosovo.