Information DocumentSG/Inf(2013) 27

11 July 2013

Follow-up to the Strasbourg Declaration on Roma

Second Progress Report (May 2011 - April 2013) by the Secretary General of the Council of Europe

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INTRODUCTORY NOTE

In May 2011, I presented a first report to the Ministerial Session of the Committee of Ministers in Istanbul on progress made in the implementation of the Strasbourg Declaration adopted at the High-level Meeting on Roma1 of 20 October 2010.

Two years later, it is time for a new stocktaking of the programmes, initiatives and developments concerning Roma. This document sets out the various actions that have been undertaken, both those carried out by my Special Representative for Roma Issues and his Support Team and those of different sectors, institutions and bodies of the Council of Europe, in most cases with the support of the SRSG.

The Strasbourg Declaration has generated a stronger focus on action to improve the situation of the Roma in our member States. Using transversal methods wherever possible and working in close cooperation with sectors such as Education, the Congress and Youth, we have been able to mobilise CoE resources which are strategically important for achieving progress on the social inclusion of Roma and the full respect of their human rights

The Strasbourg Declaration stresses that the role of international organisations should be first and foremost to support and assist the efforts carried out at national, regional and local levels.

This has indeed been the focus of our work, with actions such as the ROMED mediators training programme, the shift from standard-setting to implementation through innovations in the intergovernmental cooperation methods adopted by the CAHROM, the sharing of good practice among member states and the active involvement of the Congress in building capacities through the European Alliance of Cities and Regions for Roma Inclusion.

These actions have contributed to a growing awareness that, with the right tools, progress on the ground can be achieved and that political will can be mobilised within member States to overcome obstacles to realising the entitlement of Roma to live in equal rights and dignity with others in Europe. This in itself is important given the frustration among many Roma and public authorities about the lack of progress in the past.

This has also led to a strong recognition among international and national actors that the Council of Europe plays a leading role in addressing the problems and challenges of Roma integration in our societies.

Anti-Gypsyism

We continue to witness high levels of anti-Gypsyism and discriminatory attitudes vis-à-vis the Roma. It was a very important and timely signal that, member States have themselves publicly expressed their serious concern about the rise of anti-Gypsyism and racist violence against Roma (CM Declaration of 1 February 2012). The Council of Europe has sent a strong message to member States that, in order to be effective, 1 The term “Roma” used at the Council of Europe refers to Roma, Sinti, Kale and related groups in Europe, including Travellers and the Eastern groups (Dom and Lom), and covers the wide diversity of the groups concerned, including persons who identify themselves as Gypsies.

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Roma integration policies should go hand in hand with resolute action to fight this form of racism.

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We need to change attitudes among the non-Roma population. I welcome the fact that several member States have recognised this in their national policies; some have recently joined the Dosta! campaign and others are planning to do so, thereby heeding the Strasbourg Declaration’s call to do so. The role of the media is vitally important here: the way they portray Roma people can make or break the success of integration efforts. The Secretariat is in contact with international media organisations to explore initiatives in this field.

Supporting local action

Inducing more effective policies in member States, especially at local level, is and should remain a strategic focus of our action. In many cases, municipalities or regions are facing obstacles in accessing funding for their projects. It is therefore important that national budgets and programmes governing the use of European funds are designed in such a way that they are receptive to funding requests coming from local or regional authorities.

What about the Roma themselves?

There are huge differences in the situation and living conditions of Roma between and within countries. In many situations, better access to education and other forms of empowerment of Roma need to be achieved in order to enable active citizenship and participation in society.

I have publicly stated my belief that the European Roma and Travellers Forum could play a key role here and work with Roma organisations in member States for Roma empowerment. There are several dynamic Roma organisations in Europe, which ERTF should seek to include in its structures, so as to become an inclusive federating force in the Roma movement. I hope that the results of the ongoing ERTF reform process, to be presented to the Deputies this autumn, will be such as to enable a stronger role of the Forum at European and national levels.

Building trust and cooperation between public institutions and Roma, between Roma and non-Roma is equally necessary for successful integration initiatives. This is the key focus of the new ROMED 2 programme, which will promote strong participation of local Roma communities and organisations in local governance.

Strategies for the empowerment of Roma women will be developed by Roma women themselves at their International Conference to be hosted by Finland in September 2013, co-organised with the Council of Europe. Empowerment of young Roma is a central objective of the Council of Europe’s Roma Youth Action Plan which associates Roma youth with the implementation of the Strasbourg Declaration.

Need for further synergies

We are mindful of the need to act in complementarity and seek synergies with other international organisations. In my 2011 report, I expressed the wish for a more strategic cooperation on Roma between the Council of Europe and the European Union.

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CoE-EU cooperation on Roma has developed considerably since, taking the form of joint actions on training of Roma mediators (ROMED), a recent agreement on the follow-up (ROMED 2), with prospects for a further joint Coe-EU action (ROMACT) starting in the autumn of 2013 to build capacity and policy engagement of local and regional authorities for effective Roma inclusion measures. This reflects a shared strategic objective, triggering consultations on cooperation in supporting Roma inclusion at local/regional level, involving other actors such as the CEB, UNDP, EEA & Norway Grants, EU Fundamental Rights Agency, the World Bank and Open Society Foundations. Bilateral talks with OSF on reinforcing cooperation are also under way.

Outlook

Roma is likely to remain a priority for the Council of Europe for the years to come. The human rights issues highlighted in the judgments of the European Court of Human Rights and in the findings of our monitoring bodies unequivocally point in this direction. A strong focus will be placed on capacity building for better inclusion policies in member States, through intergovernmental co-operation and projects targeting the local and regional level. Education is a key issue that will be addressed in activities to stimulate grass-roots action. Combatting discrimination and changing anti-Roma attitudes will be an important feature of our work, as will empowering Roma communities, families and individuals to step out of the margins of society and gain access to their rights.

In short, our action – much of it to be conducted in reinforced partnership with the EU and other stakeholders - will focus on:

Inducing change through capacity-building and mutual learning, involving national, regional and especially local authorities in the member states, and, in this context, promoting good practice and replication of local grass-roots initiatives such as the alternative education centre in Ferentari (Bucharest)

Education as the most effective long-term investment to improve the situation

Promoting empowerment and participation of Roma, notably women, children and youth

Supporting efforts to combat anti-Gypsyism and discrimination against Roma.

I wish to reiterate our gratitude for the significant voluntary contributions made by several member states in support of our Roma work in the past years. They have made it possible to amplify or intensify several of our action lines. I would encourage further contributions which will be very precious for our ambitious Roma projects and activities in the coming years.

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I - CAPACITY BUILDING AND AWARENESS RAISING

1. European Roma Mediators Training Programme (ROMED)In 2012, the ROMED Programme continued with the implementation of the activities included in its Action Plan. The Programme, which received a financial support of 1.000.000 Euros in 2011, was renewed in 2012 and another million was allocated to the implementation of the second phase. A total of over 1,100 mediators have been trained in the two years of implementation of the Programme. As of the 1st April 2012, starting date of the second phase of the contract, four additional countries (Albania, Belgium, the Russian Federation and the United Kingdom) joined the Programme which ends on 31 March 2013.

The main achievements of ROMED so far are: - the design and elaboration of a new training curriculum for mediators (available

in 20 languages);

- a European Code of Ethics for Mediators: a set of core principles and norms to guide the work of mediators has been identified as a key tool for protecting the mediator against abuse and for enhancing the quality of the services provided;

- the creation of a European pool of ROMED trainers: 67 trainers out of which more than half are of Roma origin;

- the creation of a European Database on Mediators, a valuable resource with up-to-date information on various aspects of Roma mediation in a number of countries. This tool is partially available online at www.coe-romed.org;

- over 80 events organised (training sessions for trainers, coordination meeting with the other international and European organisations);

- over 1100 mediators trained in 20 countries and Kosovo[1]. A very large majority of mediators are Roma, the others have a very good knowledge of the Roma community;

- more than 500 representatives from national and local institutions have attended the training sessions (during each training session, a day was dedicated to the cooperation between mediators and public institutions and authorities);

- creation of a ROMED network (support for the national networks of mediators and European exchanges);

- recommendation on Mediation adopted by the Committee of Ministers of the Council of Europe (CM Recommendation 9/2012);

- European Congress of mediators with Roma communities organised by the European Commission in cooperation with the Council of Europe (Brussels, 17-18 January 2013);

- increased cooperation with national authorities in order to ensure sustainability (integrate ROMED approach in the national training programmes);

- from 1 April 2013, a second phase started focusing more specifically on the context of mediation at local level.

2. Empowering lawyers to ensure Roma have equal and effective access to Human Rights protection at national levelThis line of action focuses on the need to ensure equal and effective access to the justice system for Roma at national level and provide appropriate and targeted [1] All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

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training to lawyers based on the case-law of the European Court of Human Rights and the European Social Charter. Over 120 lawyers have benefited from trainings in Greece, France, Italy, Turkey (2011), Romania and Bulgaria (2012). In 2012, the SRSG Support Team for Roma Issues, in cooperation with the Council of Europe HELP programme devised an additional tool reinforcing the litigation capacities of lawyers: the online antidiscrimination training for lawyers and prosecutors will be launched in Lithuania and Italy in 2013. The master course which will consist of 30 hours will include 7 hours on discrimination of Roma. It will be ready mid-2013 and launches are programmed in the following countries: Italy Lithuania, Latvia, Greece, Slovakia and United Kingdom.

3. Awareness-raising/Dosta! campaign “Go beyond prejudice, meet the Roma!”Awareness-raising activities combating prejudices and stereotypes against Roma are being pursued, in particular through the Dosta! campaign. A new Dosta! multilingual website2 is now operational. It includes all multimedia and visibility material and a forum accessible to visitors. The new website gives the possibility to national Dosta! partners to post information about Dosta! activities/events in their own language. The Dosta! leaflet has been translated into five additional languages: Spanish, Slovak, Croatian, Latvian and Swedish. A new Dosta! toolkit for fighting prejudices and stereotypes is published. In April 2013 Lithuania and Spain joined the Dosta! campaign.

4. Mainstreaming Roma issues in general human rights capacity buildingThe Council of Europe European Programme for Human Rights Education for Legal Professionals (the HELP Programme) has developed a wide range of substantive and methodological resources for human rights training, including on non-discrimination, which are available in a number of languages on the HELP website (www.coe.int/help). The Programme has introduced a case study specifically dealing with Roma issues, which has been translated into eight languages. This case study is now used in human rights training activities organised by the Council of Europe (Directorate General of Human Rights and Legal Affairs), and by judicial training institutions. It is also available for use by any other interested organisation. As a further example of mainstreaming, the training for judges organised under the Joint Programme between the European Union and the Council of Europe entitled “Transparency and efficiency of the judicial system of Ukraine” (TEJSU) included seminars on the protection of Roma rights under the ECHR.

As explained under 2. above, preparations are under way for an online course for judges, lawyers and prosecutors on anti-discrimination, including as regards Roma.

Within the framework of the CoE/EU JP “Enhancing Human Rights Protection in Kosovo*” training for NGOs, including those working with Roma, Ashkali and Egyptians (RAE), on the ECHR and the FCNM standards is being provided. In addition, the Project will undertake an expertise and propose amendments to the Law on Anti-discrimination. 2 www.dosta.org* All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

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5. Reference toolsThe Council of Europe updated in May 2012 its glossary on Roma-related terminology (a transversal initiative between staff members of both the Council of Europe’s Translation Department and the Support Team of the SRSG for Roma issues). It also regularly updates a table of Roma population census figures and estimates in European countries. Both documents,

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available on the Council of Europe Roma portal (www.coe.int/roma), have become reference tools, not only internally but also for journalists and international organisations, in particular the European Union3.

II - ANALYSIS AND EXCHANGE OF POLICIES AND GOOD PRACTICES ON ROMA IN MEMBER STATES

1. Database on Roma-related policies and good practicesFollowing the adoption of the Strasbourg Declaration, a database on Roma-related policies and good practices was set up in 2011 by the Council of Europe. This tool which aims at facilitating the exchange of experience at national, regional or local levels, includes a first set of good practices identified in member states through CoE committees and monitoring bodies, by the Commissioner for Human Rights, the Congress of Local and Regional Authorities or by international partners, such as the European Union, the OSCE and the Roma Decade. They cover a wide range of areas, such as facilitating access to employment, successful and non-segregated integration of Roma children in school, mediation, teaching of the Romani language at school or university, training capacities, development of pedagogical tools for nomadic Roma and Travellers, etc. which can be sorted out by country, theme, key-word, as well as by level (local, regional, national). Some 60 practices (either promising, demonstrated or replicated practices) are now included in the Database. Since September 2012, the database includes a geo-localization map of good practices policies and experts. A CD presenting the database and its functioning has been produced in April 2013. The database was developed with the financial support of the Finnish Government.

2. Ad hoc Committee of experts on Roma issues (CAHROM)This intergovernmental body, responsible directly to the Committee of Ministers, is largely focused on the analysis and evaluation of the implementation of national Roma policies/strategies, as well as, following the adoption of new working methods, on thematic exchanges of experience and good practices among member states.

At its 3rd meeting in Ohrid, “the former Yugoslav Republic of Macedonia” (23-25 May 2012), the CAHROM endorsed two thematic reports of groups of experts, namely on school drop-out/absenteeism of Roma children (with The Netherlands as requesting country and Hungary, Spain and Sweden as partner countries) and on the role of state, regional and local authorities in implementing Roma national strategies (with the Republic of Moldova as requesting country and Finland, Romania and Slovenia as partner countries). Other thematic reports on social housing for Roma (with “the former Yugoslav Republic of Macedonia” as requesting country and Bosnia and Herzegovina, Croatia and Spain as partner countries), and on inclusive education as opposed to special schools (with Czech Republic and Slovak Republic as requesting countries and Hungary, Slovenia and United Kingdom as partner countries), were presented and endorsed at the 4th CAHROM meeting in Strasbourg on 28-30 November 2012. At the forthcoming 5th CAHROM meeting (Strasbourg, 14-16 May 2013), new thematic reports will be presented, one on school enrollment of Roma children and girls in particular (with Finland as a requesting country and Latvia, Norway and Sweden as partner countries), and another as on halting sites and other

3 The April 2011 Communication of the European Commission “An European Framework for National Roma Integration Strategies up to 2020” (COM(2011)173/3) contains an appendix listing population figures on the basis of data assembled by the Council of Europe.

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issues relevant for nomadic Roma and Travellers (with Belgium as a requesting country and France, Switzerland and the United Kingdom as partner countries).

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Further results of the work of the CAHROM were the adoption by the Committee of Ministers in February 2012 of a Declaration on the rise of anti-Gypsyism and racial violence against Roma in Europe and the CM Recommendation on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma, adopted in September 2012.

International organisations, including the European Commission, OSCE-ODIHR, as well as the European Roma and Travellers Forum and other relevant (Roma) non-governmental organisations actively participate in the CAHROM as observers.

III – ADDRESSING ROMA ISSUES WITHIN DIFFERENT INSTITUTIONS, BODIES AND SECTORS OF THE COUNCIL OF EUROPE

The human rights dimension

The European Court of Human Rights

The European Court of Human Rights continues to receive applications alleging violation of the European Convention on Human Rights (ECHR) in respect of Roma. The Court publishes information on its case-law in a fact sheet (Factsheet – Roma and Travellers) which is available on the Court’s website and is regularly updated. In the reference period, the Court delivered judgment in some twenty cases, dealing with a wide range of human rights issues under the ECHR. A summary of these cases is appended.

Execution of judgments

During the reference period, the Committee of Ministers continued its supervision of the state of execution of several judgments of the European Court of Human Rights concerning Roma. A selection of main cases is appended.

European Social Charter (ESC)

During the period concerned the European Committee for Social Rights adopted the following decisions on the merits with regard to the following cases:

Complaint No. 63/2010, Centre on Housing Rights and Evictions (COHRE) v. France (28 June 2011), the Committee of Ministers adopted Resolution CM/ResChS(2011)8 on 9 November 2011. This Resolution invites the French authorities to report at a forthcoming meeting on the measures taken or foreseen in order to deal with the violations found in the decision on the merits adopted by the European Committee of Social Rights with respect to this Complaint. The violations concerned of Article 31 (right to housing) and Article 19§8 (guarantees concerning expulsion) of the Revised Charter.

Complaint No. 64/2011, European Roma and Travellers Forum (ERTF) v. France (24 January 2012): in this decision the European Committee of Social Rights found that there was a violation of Article E (non-discrimination) read in conjunction with Articles 19§8 (guarantees concerning expulsion), 30 (protection against poverty), 31§§1, 2, and 3 (right to housing), and Article 16 (protection of the family) of the Revised Charter.

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Complaint No. 62/2010, International Federation of Human Rights (FIDH) v. Belgium (21 March 2012): in this decision the European Committee of Social Rights found that there was a violation of Article E (non-discrimination) read in conjunction with Article 16 (protection of the family) of the Revised Charter.

Complaint No. 61/2010, European Roma Rights Centre (ERRC) v. Portugal (30 June 2012): The European Committee of Social Rights concluded that there was a violation of Articles 16 (right to appropriate social, legal and economic protection for the family), 30 (right to protection against poverty and social exclusion) and 31§1 (right to housing), read alone or in conjunction with Article E, of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 1 July 2012.

Complaint No. 67/2011  Médecins du Monde - International  v. France (11 September 2012): The European Committee of Social Rights concluded that there was a violation of Article E read in conjunction with Articles 11§§1-3 (right to health), 13§1 and 4 (right to social and medical assistance), 16 (right to appropriate social, legal and economic protection for the family: housing), 17§2 (right of children and young persons to appropriate social, legal and economic protection), 19§8 (guarantees concerning expulsion), 30 (right to protection against poverty and social exclusion) and 31§§1-2 (right to housing) of the Revised Charter. In regard to other situations, the Committee concluded that there was no violation of Article E, read in conjunction with Article 16 (right to appropriate social, legal and economic protection for the family: family benefits) and of Article 13§4 (right to social and medical assistance: for those not residing lawfully or not working regularly). It transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 20 September 2012.

European Commission against racism and intolerance (ECRI)

During the reference period, ECRI published country reports on Azerbaijan, Cyprus, Serbia, Lithuania, Italy, Latvia, Luxembourg, Montenegro, Ukraine, Andorra, Denmark, Croatia, Sweden, Ireland and Liechtenstein. The reports concerning the following countries contain recommendations on specific Roma issues: Azerbaijan, Cyprus, Serbia, Lithuania, Italy, Latvia, Luxembourg, Montenegro, Ukraine, Denmark, Croatia and Sweden. ECRI also visited San Marino, Finland, Russia, Malta, Portugal, Netherlands, Moldova, Romania, Germany and Belgium in order to prepare country reports. The implementation of priority recommendations on Roma-related issues has been monitored in the following countries: Bulgaria, Slovakia, Czech Republic, Belgium, Greece, Albania, Estonia and United Kingdom.

ECRI’s dramatic country-by-country findings have prompted it in 2011 to release a new General Policy Recommendation (GPR No.13) on combating anti-Gypsyism and discrimination against Roma. In this text ECRI requests the authorities of all member States to adopt up to 90 measures, including encouraging Roma victims of violence and other forms of crime – as well as police misconduct - to lodge complaints and calling on the media to avoid inflammatory reporting. According to GPR No.13, lack of access to decent housing is another major problem for Roma coupled with eviction without notice or appropriate rehousing. ECRI, accordingly, calls upon States to consider, among other steps, legalising long-tolerated Roma sites, even if they have been built in breach of town planning regulations. At the same time ECRI stresses

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that it is indispensable for the Roma community to contribute itself, to the extent that it can, to combating anti-Gypsyism. A number of events were organised to launch the Recommendation. ECRI continues its close contact and dialogue with Roma organisations.

In the framework of its country monitoring work, ECRI urges the member states to efficiently implement and fund their strategies and action plans for Roma integration (see also the EU Framework for National Roma Integration Strategies up to 2020).

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Framework Convention for the protection of national minorities (FCNM)

The Advisory Committee has regularly examined the situation of Roma in its Opinions4. Not all Council of Europe member states recognise Roma as belonging to national minorities, and in a number of states, even where Roma are a recognised national minority, some Roma are excluded from the protection afforded by the state under the Framework Convention because they lack the necessary documents to prove their citizenship, raising issues under Article 3 of the Framework Convention.

The Advisory Committee has regularly raised concerns under Articles 4 and 15 regarding the continued socio-economic marginalisation of Roma and discrimination in access to education, employment, housing and health. Despite efforts by states to implement action plans in these fields, the Advisory Committee’s monitoring over the past two years shows that full and effective equality remains far out of reach for many Roma in Europe today. Education about Romani culture and history, as well as teaching in the Romani language, is also seldom sufficient, raising issues under Articles 12 to 14 of the Framework Convention, and media in Romani remain rare, raising concerns under Article 9. The Advisory Committee has also regularly voiced concern under Article 6 of the Framework Convention about persisting prejudice against Roma, which not only creates unfavourable conditions, and sometimes an overtly hostile climate, for everyday life but also exacerbates the difficulties faced in overcoming discrimination.

The Council of Europe Commissioner for Human Rights

The Commissioner’s work on Roma in the reference period includes: 1) the continuing focus on the human rights of Roma in the context of his country monitoring and thematic work; and 2) the launch in February 2012 of a report on the human rights of Roma and Travellers in the member states of the Council of Europe5.

This report6 presents the first overview of the human rights situation of Roma and Travellers, covering all 47 member states of the Council of Europe. Its purpose is to encourage a constructive discussion about policies towards Roma and Travellers in Europe today, focusing on what must be done in order to put an end to the discrimination and marginalisation they suffer. Summaries of the report have been published in the following languages: Albanian, Bulgarian, Czech, French, German, Hungarian, Italian, Romani, Romanian, Russian, Serbian, Slovak, Spanish and Turkish.

4 Between 1 April 2011 and 31 March 2013, the Advisory Committee published new Opinions on the following countries: Albania, Armenia, Austria, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, Italy, Lithuania, Norway, Romania, the Russian Federation, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia” and the United Kingdom. It also adopted new Opinions on Azerbaijan, Bosnia and Herzegovina, Ireland, Malta, Switzerland, Ukraine and Kosovo*, which are currently restricted.  * All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.5 See also Commissioner’s thematic website on Romahttp://www.coe.int/t/commissioner/activities/themes/Roma/RomaRights_en.asp6 Human rights of Roma and Travellers in Europe, Council of Europe Publishing, February 2012.

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Regarding country work, the situation of Roma was reviewed in a number of reports or letters by the Commissioner in the reference period: Republic of Moldova (October 2011), Serbia (November 2011), Slovak Republic (December 2011), Bulgaria (February 2012), United Kingdom (March 2012), Portugal (May 2012) and Italy (report is forthcoming)7. The main issues raised by the Commissioner in these reports include: persisting anti-Gypsyism and discrimination, segregation in the fields of housing and education, statelessness, violations of housing rights and gaps in the implementation of policies towards Roma.

Commissioner Muižnieks, who took up office in April 2012, intends to focus on the following main issues during his mandate: the need to expand the fight against anti-Gypsyism as an underlying principle of all policies and measures to improve the situation of the Roma; tackling the problem of statelessness affecting many Roma, including the lack of identity documents, with a particular emphasis on children; tackling school segregation affecting many Roma children throughout Europe; and emphasising the need for a human rights-based approach when dealing with issues related to the migration of Roma.

Gender equality: Roma women

The 3rd International Conference bringing together Roma women from all Council of Europe member states, with additional participation from Latin America and Asia, took place in Granada, Spain on 24-25 October 2011. It was organised between the Council of Europe and the Spanish Institute for Roma Culture. Roma women addressed issues affecting their full access to human rights such as gender inequalities, early marriages and forced sterilisation. The participants adopted a Declaration which can be addressed via www.coe.int/roma. In view of the 4th International Conference of Roma Women in Finland (September 2013), the SRSG Support Team in cooperation with the Finnish government initiated an inclusive consultation process with the Roma women’s international networks and national associations. In order to prepare the conference, a questionnaire was sent by the Finnish government to the main national organisations of Roma women and a preparatory meeting was hosted by the Romanian authorities in Bucharest on 3 and 4 October 2012.

Roma migrants

The respect of the right to leave one’s country remains a priority for the Migration Co-ordination. A seminar on measures adopted or planned by governments in the region to prevent potential asylum-seekers from leaving their countries was held in Belgrade in June 2012 (with the participation of the HR Commissioner’s office, PACE, SRSG Roma Support Team, and Ombudsmen of Serbia). The discussions on this issue will continue this year with a possible participation of the representatives of the main destination countries. A seminar is envisaged to take place in the second part of 2013. A seminar aimed at exchange of good practices on monitoring access of IDPs to rights by ombudsmen was held in Belgrade (Serbia) in December 2012. The seminar was attended by the Ombudsmen of the Balkan and South Caucasus countries. Following this seminar, a project will be developed on strengthening the capacity of

7 All reports can be found at: www.commissioner.coe.int

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the Office of the Ombudsman of Serbia by promoting the use of the relevant experience from other countries. A similar project will be prepared for BiH for 2014.

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Trafficking

A recent conference on preventing trafficking (Bulgaria, December 2012) included a session on prevention among vulnerable groups, in particular Roma, which was attended inter alia by local Roma mediators from Varna. One of the issues raised was related to the question of forced (early) marriages resulting in trafficking. In order to examine the link between forced (early) marriages and trafficking a small scale expert meeting will take place in the margins of the next CAHROM meeting (13 May-Strasbourg). The conclusions of the expert meeting will be presented in one of the workshops during the 4th International Roma Women’s Conference. Moreover, the conclusions will be presented to GRETA and the CAHROM.

In GRETA’s view, although the exploitation of begging is not expressly mentioned in the Convention on Action against Trafficking in Human Beings, this phenomenon should be considered as a form of forced labour for the purposes of this Convention. Some countries have specifically included forced begging among the forms of exploitation covered by the offence of human trafficking.  In its country evaluation reports, GRETA considers issues related to trafficking for the purpose of exploitation of begging, in particular of Roma children. The issue of criminalisation of begging in itself does not however fall under GRETA’s mandate.

The local dimension

The Congress of Local and Regional Authorities of the Council of Europe

In February 2011, the Congress, together with the SRSG Support Team, launched the 3rd edition of the Dosta!-Congress Prize for Municipalities, which is awarded for innovative municipal projects promoting Roma integration, combating discrimination and prejudices against Roma, and raising awareness of Roma culture and rights. The award ceremony took place on 19 October during the Congress’ 21st session (Strasbourg, 18-20 October 2011). During the same session, the Congress adopted a report on the situation of Roma, as well as a comprehensive resolution and recommendation on “The situation of Roma in Europe – a challenge for local and regional authorities”, proposing local and regional action in the fields of education, empowerment and participation, fighting prejudice, and ensuring equal access to health care, housing and employment.

Following the adoption of a Declaration at the Summit of Mayors on Roma under the theme “Building mutual trust at the grassroots” which took place on 22 September 2011, it was decided to set up a European Alliance of Cities and Regions for Roma Inclusion, as a key tool for increasing local and regional capacities in this area. A kick-off group including six European cities and regions (Aubervilliers/France, Kavarna/Bulgaria, Malaga/Spain, Region of Madrid/Spain, Heraklion/Greece and the 5 th

district of Bucharest/Romania) was created to build on this Summit and to prepare for the establishment of this new European network at grassroots level. A preparatory meeting for the launch of the Alliance was held on 27 June 2012 in Strasbourg and a pre-launch event took place on 25 September 2012, also in Strasbourg.

The Alliance has adopted an integrated transversal approach with a view to building the capacity of cities and regions to develop policies for the inclusion of Roma. In its work it takes into account other initiatives of the Council of Europe, such as the

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ROMED programme and CAHROM work,

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Intercultural Cities, relevant activities of the Youth Department and others. The Alliance already implemented two pilot events in the late 2012 on the topics of inclusive education and housing intervention. The official launch ceremony of the Alliance took place on 20th March 2013 during the 24th Session of the Congress.

In 2013-2014 the Alliance plans to implement a joint Council of Europe/European Commission project (ROMACT), which is currently under discussion between the two organisations. The project will imply two types of participation for the cities:

- Intensive - actively participating in the policy cycle on Roma inclusion, consisting of preparation work, including data collection and analysis, and followed by a set of workshops, study visits, consultative work and final conference. Around 30 cities and regions are planned to be engaged in this intensive cycle of activities.

- Extensive - open for all the members of the Alliance and will include information exchange, opportunities for networking and developing partnerships as well as a possibility to switch to the intensive cycle.

The activities of the Alliance are steered in close cooperation and coordination with the SRSG Roma and his Support Team.

In its Resolution 333 (2011) on “the situation of Roma in Europe: a challenge for local and regional authorities”, the Congress recognises the need to ensure the voice of Roma young people is heard. A report is currently being written that examines the situation of Roma young people and will issue recommendations for policies at local and regional levels.  The aim is to provide an environment in Europe where Roma young people can participate fully, have full access to their social human rights, can live their lives free from discrimination, and where they can feel confident about the future. 

To ensure Roma young people’s concerns were covered by the report, a consultation meeting was organised on 25 November 2012 in cooperation with the Council of Europe Youth Sector.  The meeting brought together some 20 participants, namely the Congress’s co-Rapporteurs on Roma Youth, members of the Congress Current Affairs Committee, the Congress’s expert on Roma Youth, ten Roma young people and representatives of Roma youth networks, members of the Advisory Council on Youth of the Council of Europe, a member of the European Alliance of Cities and Regions for Roma Inclusion and a mediator from the ROMED programme.

The report is due to be adopted by the Congress at its 25th session in October 2013.

Education, Culture, Sport, History, Youth and Children

The European Academic Network on Romani Studies

The European Academic Network on Romani Studies, a joint Action of the Council of Europe and the European Union, seeks to facilitate intercultural dialogue and support efforts towards the social inclusion of the Roma population in Europe. The project raises the visibility of existing research and fosters cooperation with policymakers by providing evidence for better conceived policies. One of its key roles is thus to provide references and guidance to both policymakers and young researchers.

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As part of the 2012 agenda of the Network, a summer school involving more than 50 young scholars was held covering the multi-disciplinary field of Romani studies, organised in partnership with the Central European University in Budapest, Hungary.

Grants to young career researchers are an important part of the 2012 work agenda. The grants encourage young career researchers in Roma and Roma-related areas to travel, publish and participate in major international events.

In the frame of Supporting Roma in Academia the Network organized anti-discrimination measures and positive action for inclusion of young Roma scholars; 3 Romani interns are placed at the ECMI - European Centre for Minority Issues in Flensburg, and 4 seminars organized in European research centres in Chisinău (Md), Cluj-Napoca (Ro), Budapest (Hu), and Liverpool (UK), involving more than 16 professors and some 40 young scholars of Romani background from all over Europe.

The new website romanistudies.eu was developed in 2012 and has become a significant visibility tool for the network; its database contains details of more than 200 members of the network, which can be searched by specialisation with the help of a search engine. 

Roma Routes project

Initiatives towards a future Roma Routes project as part of the Cultural Routes of the Council of Europe were carried out in 2010-2012, involving the United Kingdom, Germany, Greece, Romania and Slovenia and supported by the EU. During the closing conference of the project held at the Heidelberg Roma and Sinti Documentation Centre in March 2012, it was decided to further develop the Roma Route, which aims to explore and disseminate best practice in making Roma past and present culture visible across Europe.

Cultural Resources for Roma Inclusion

With a view to setting up a new project on “Cultural Resources for Roma Inclusion”, a feasibility study was funded by the Open Society Foundation and carried out by the Slovenian NGO Misija on the positive experience in the Kamenci settlement, Slovenia, in using cultural activities based on Roma culture to foster interaction and dialogue between Roma and the wider community. The study identified five Roma settlements/organisations in Europe able to adopt the “Kamenci model”. The new Joint Programme will start in April 2013 and will allow the 5 selected settlements to design detailed business plans for the implementation of the Kamenci model.

Roma Genocide

In the framework of the programme « Passing on the remembrance of the Holocaust and prevention of crimes against humanity: a cross cutting approach », all the victims of the Nazi regime are taken into consideration.

In all Council of Europe European workshops for teachers and teacher trainers (or other target groups) there is a session on the Roma genocide (official term of the International Holocaust Remembrance Alliance) or “Samudaripe(n)” or “Phar(r)aj(i)mos” or “Por(r)ajmos”.

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Enlarged Partial agreement on Sport (EPAS)

Within the framework of its pan-European programme to promote diversity and fighting against discrimination, the Enlarged Partial Agreement on Sport (EPAS) has invited representatives of the Roma communities to its conferences and seminars, in particular those organised in the Western Balkans. These regional seminars are aimed at discussing the role of sport in promoting intercultural dialogue and favouring the inclusion of minorities in society, including the fight against prejudices and stereotypes against Roma. The co-operation between the EPAS and the Football Against Racism in Europe (FARE) network was continued in 2012 in the Western Balkans, with a particular focus on supporting the inclusion of Roma, as well as increasing the access of Roma population in sport activities.

Roma Children

Cooperation continues between the Roma Programme and the similarly transversal Council of Europe Programme "Building a Europe for and with Children". The Council of Europe Strategy for the Rights of the Child (2012-2015) includes an explicit reference to Roma children in its chapter on guaranteeing the rights of children in vulnerable situations. In the short term, this cooperation will result in the translation into the Romani language of several existing child-friendly materials developed under the Children Programme. In the medium term, it will include the organisation of activities to further mainstream issues relating to Roma children. In addition, as part of the implementation of the Council of Europe Strategy for the Rights of the Child 2012-2015, the SRSG Support Team is supporting the elaboration of a concept paper on the feasibility of conducting a comparative study on the prevalence of Romani children among the victims of sexual exploitation and sexual abuse in Hungary, Italy and Romania.

Apart from the above-mentioned activities, other avenues of transversal co-operation have been pursued by the SRSG and relevant Council of Europe sectors, including the organisation of a transversal Experts’ Meeting on “Effective strategies to end or prevent segregation of Roma children in education” held in Strasbourg on 5-6 September 2011 involving inter alia experts from the Steering Committee on Education (CDED) and the CAHROM.

Youth

Since 2011 the Youth activities – a joint venture between Council of Europe, Roma and non Roma Youth organisations and other organisations such as OSCE/ODIHR and OSF aim at mainstreaming youth issues in Roma policies. The Youth activities concerning Roma focus mostly on capacity building of NGOs, fighting anti-Gypsyism and supporting the youth NGOs on Remembrance.

The starting point was a Roma Youth Conference organised in Strasbourg on 27-30 September 2011 by the Youth sector in co-operation with the SRSG Roma Team. The objective of the conference was to consult with young Roma people and Roma youth organisations about the strategic priorities of the Council of Europe’s youth policy regarding Roma and to support the further development of Roma youth organisations, for the next 2-5 years. The conference gave young Roma the opportunity to examine how their organisations could contribute to the implementation of the Strasbourg Declaration on Roma. Some 60 youth

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representatives attended the conference, together with international Roma youth networks and other relevant international actors (Open Society Foundations, OSCE – ODIHR, European Roma Rights Centre, ERGO, ternYpe, FERYP etc.).

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The conference resulted in a Roma Youth Action Plan for meeting the challenges faced by Roma young people in Europe, particularly in relation to their empowerment, participation in policy decision-making processes and structures at European level and the realities of discrimination and particularly anti-Gypysism that they are confronted with.

The action plan includes activities of the Youth Department and of other sectors of the Council of Europe as well as activities implemented by other partners – intergovernmental and non-governmental – cooperating with the Council of Europe and interested in securing a maximum of impact of their activities by avoiding double work and creating synergies between their activities. An Informal Contact Group meets at least once a year to strategise the activities in the action plan with other programmes and initiatives.

Among the activities of the Plan for 2012 – 2013, several activities include training of youth leaders and the development of dialogue between youth organisations and civil society in general and local authorities to fight discrimination faced by Roma people.

The Training for Roma youth leaders on taking action against discrimination (October 2012, to be continued throughout 2013) focused particularly on training youth leaders and members of civil society on developing actions involving also local and governmental authorities.

In 2013, the Youth Department will organise a variety of activities, namely: i) a seminar on the role of youth policy in tackling the situation of discrimination faced by Roma young people, with a focus on the situation in Central and Eastern European countries ii) a study and meeting on multiple forms of discrimination affecting Roma youth iii) support for the activities of Roma youth organisations for the commemoration of the Roma genocide and in general for remembrance and tolerance iv) the elaboration of a Toolkit for young activists and youth organisations on fighting anti-Gypsyism v) a conference jointly with the Antidiscrimination and Human Rights Directorate department on LGBT issues within the Roma communities.

Parliamentary Assembly

On 28 June 2012, the Parliamentary Assembly adopted Recommendation 2003 (2012) on Roma migrants in Europe as a follow-up to PACE Resolution 1760 (2010) on the recent rise in national security discourse in Europe: the case of Roma. This followed the adoption of Resolution 1768 (2010) and Recommendation 1941 (2010) on Roma asylum seekers in Europe by the Standing Committee on 12 November 2010.

On 23 April 2013, the Parliamentary Assembly debated the report of the Committee on Equality and Non-Discrimination on “Ending discrimination against Roma children” (Doc. 13158) and adopted Resolution 1927(2013).

A report on “equal access to health care” is under way before the Committee on Social Affairs, Health and Sustainable Development of the Parliamentary Assembly of the Council of Europe (Rapporteur: Mr Jean-Louis Lorrain, France, EPP/CD). Inequalities with regard to access to health care are growing in all Council of Europe member states. The aim of the report is to identify the factors likely to lead to these inequalities and propose strategies for reducing and eliminating them. In this context, particular attention will be paid to the situation of various groups that encounter

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specific difficulties including Roma people. In the context of that report, a fact-finding visit to Athens took place on 11-13 April. The draft recommendation/resolution on this issue is planned to be debated during the June session of the PACE (24-28 June).

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Council of Europe Development Bank (CEB)

The Bank cooperates with the Council of Europe within the Intergovernmental Ad hoc Committee of Experts on Roma Issues (CAHROM). The two institutions are complementary: the Council of Europe assists Member States in the drafting and implementation of national strategies in favour of Roma while the CEB supports governments by co-financing priority projects at national and local levels.

In 2011, two important projects were approved in favour of vulnerable population groups, including Roma:- €28.5 million to finance the construction, renovation and refurbishment of student halls of residence in Serbia. The Roma are among the beneficiaries of the quota of places reserved for vulnerable populations.- €150 million for the financing of prevention and reconstruction work following two major disasters that occurred in Hungary in 2010. In the worst hit region, the large settled Roma community is part of the disadvantaged inhabitants targeted by this project.

In September 2012 a grant of € 400 000 was approved out of CEB’s Selective Trust Account in order to make temporary housing available in Montenegro for some 800 refugees, for the most part Roma, following the fire that devastated the Konik 1 refugee camp in July 2012.

Furthermore, the Regional Housing Programme (RHP) for refugees and IDPs in the Western Balkans will also address, among its beneficiary population, large numbers of Roma. Some RHP sub-projects (e.g. Konik camp in Montenegro) will mainly address Roma population. The RHP can also be seen as an example where the CEB acts as a financial agent managing a multi-donor fund.

IV - INTERNATIONAL CO-OPERATION AND COORDINATION

Roma issues and relevant Council of Europe work are regularly raised by the Secretary General in his bilateral contacts with member states, other international organisations and NGOs. As a recent example, the SG when visiting Romania on 19-21 March 2013, discussed Roma related issues with the authorities and visited the Ferentari district (sector 5) in Bucharest where the project “school for Talent for disadvantaged children” is being implemented. Following this visit, it was agreed with the Romanian authorities to explore possibilities for replicating this project in other places.

The Council of Europe, represented by the SRSG on Roma issues, attended a number of national and international events to foster cooperation between the Council of Europe and national authorities and international governmental and non-governmental organisations.

International meetingsThe SRSG attended the 6th Meeting of the European Platform for Roma Inclusion on 17-18 November, 2011, in Brussels and the Extraordinary European Platform for Roma Inclusion on 22 March, 2012 in Brussels. These meetings, organised by the European Commission around specific Roma-related themes (development of national Roma integration strategies at the 6th meeting and implementation of the strategies

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at the Extraordinary meeting), are attended by all inter-governmental organisations and institutions and several NGOs.

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Together with the Presidency of the European Union, the Council of Europe SRSG convened a meeting of the Informal Contact Group of international inter-governmental organisations and institutions and non-governmental organisations dealing with Roma issues on 18 November, 2011 in Brussels, in parallel with the 6th meeting of the European Platform.

These informal meetings provide an opportunity for organisations to exchange views and information, and particularly to ensure synergies and avoid contradictory messages. A number of decisions were taken concerning the future format of the ICG. Discussion would not be limited to the situation in EU states and would encompass all issues which concern Roma integration. Moreover ICG meetings would in future be restricted to inter-governmental organisations and institutions. These decisions were put into effect at the following meeting of the ICG held at the Council of Europe on 29 June 2012, convened jointly by the European Commission and the SRSG.

In September 2011, the SRSG participated in an international event organised by ECRI in Brussels with a view to the launching of guidelines for governments to combat anti-gypsyism and discrimination against Roma. The guidelines, contained in ECRI’s General Policy Recommendation No. 13, and the full text of the Recommendation can be found at www.coe.int/ecri.

In October 2011, the SRSG made the opening statement at the Session on Roma and Sinti of the OSCE Human Dimension Implementation Meeting in Warsaw.

In February 2013, following an invitation from the new Holocaust museum in Belgium, the SRSG participated in the colloquium “From Forgotten Genocide of WW II to the Hate of the 21st Century”, organized in Malines, Belgium.

In April 2013, the SRSG co-hosted with the Minister for Integration of Sweden, a Roundtable on “Anti-Gypsyism in Europe” in Stockholm. The main focus was to examine existing strategies, methods and best practices, both at national and transnational level, to combat anti-gypsyism and how different actors can strengthen their work and increase cooperation.

Members of the SRSG Support Team participated in several international events, organised by the Decade of Roma Inclusion, other organisations or member States.

EEA and Norway GrantsIn the framework of the cooperation between the Council of Europe and EEA and Norway Grants, the situation and needs of Roma and other vulnerable groups are being addressed in several programmes and projects in the beneficiary countries.

European Alliance of Cities and Regions for Roma Inclusion In 2012 and early 2013, the SRSG took part in several discussions with the European Commission with a view to cooperate on the operational activities of the Alliance of Cities and Regions.

European Roma Travellers Forum (ERTF)Representatives of the ERTF have regularly participated in the meetings of the CAHROM. Cooperation has also taken place on, for example, the ROMED programme, the DOSTA campaign or the preparation of the International Conference of Roma

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Women (Finland, 2013). With a view to further develop existing cooperation, and in the context of the reform process of the ERTF, the SRSG has participated in a number of meetings.

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Bilateral contactsDuring the period under consideration the SRSG paid several visits to member States (Bulgaria, Czech Republic, Finland, Hungary, Italy, Netherlands, Spain) and held bilateral talks with national or regional authorities, often in the margins of events he attended.

The SRSG received several visits of representatives of member states’ authorities/institutions (inter alia Czech Republic, France, Finland, Holy See, Netherlands, Norway, Romania, Sweden), international institutions (European Parliament, OSCE/ODIHR, UNOHCHR, CEB) and non-governmental organisations (such as Amnesty International, OSF, European Romani Union, ERIO).

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APPENDIX

Judgments of the European Court of Human Rights

Đurđević v. Croatia, 19 July 2011: (application no. 52442/09): failure to effectively investigate Katica Đurđević’s complaint of police assault and bullying of Daniel Đurđević’ at school: violation of Article 3 (lack of effective investigation into allegations of ill-treatment) of the ECHR; V.C. v. Slovakia, 8 November 2011: sterilisation of a 20-year old Roma woman in a public hospital without her informed consent: violation of Article 8 of the ECHR; Eremiášová and Pechová v. the Czech Republic, 16 February 2012 (application no. 23944/04): death of the applicants’ relative, of Roma origin, following his allegedly jumping head-first through a first-floor window at a police station where he had been taken on suspicion of burglary: two violations of Article 2 (right to life and investigation) of the ECHR; Aksu vs Turkey, 15 March 2012 (application nos. 4149/04 and 41029/04): allegation that passages in a book about Roma and definitions in two dictionaries were offensive and discriminatory: no violation of Article 8 (right to respect for private and family life) of the ECHR. The Court maintained that it would have been preferable to label a second definition of the word “Gypsy” – “miserly” – in the dictionaries as “pejorative” or “insulting” rather than “metaphorical”; Yordanova and Others v. Bulgaria, 24 April 2012 (application no. 25446/06): the Bulgarian authorities’ plan to evict Roma from a settlement situated on municipal land in an area of Sofia called Batalova Vodenitsa: A violation of Article 8 (right to private and family life) of the ECHR in the event of any future enforcement of the removal order against the applicants; Kleyn and Aleksandrovich v. Russia, 3 May 2012 (application no. 40657/04): death in 2002 of Fatsima Aleksandrovich after she jumped out of a second-floor window in a police station where she was being held on suspicion of pick-pocketing: no violation of Article 2 (right to life) of the ECHR concerning the death of Fatsima Aleksandrovich but a violation of Article 2 of the Convention concerning the investigation into her death; Nacic and Others v. Sweden, 15 May 2012 (no. 16567/10): Requests for asylum refused for parents and one son, granted to the elder son due to mental health problems: no violation of Article 3 (prohibition of inhuman and degrading treatment) and no violation of Article 8 (right to private and family life) of the ECHR. Indications made to the Government under Rule 39 of the Rules of Court - not to expel the first, second and fourth applicants – are in force until judgment becomes final or until further order.; Koky and Others v. Slovakia, 12 June 2012 (no. 13624/03): an allegedly racially motivated assault by private individuals against a group of people of Roma origin in a village in Slovakia: violation of Article 3 (prohibition of inhuman or degrading treatment) of the ECHR.; Borbála Kiss v. Hungary, judgment of 26 June 2012: (no. 59214/11): excessive force used by the police when called to a family party in Tiszalúc to request that the music be turned down: violation of Article 3 (treatment and investigation) of the ECHR. N.B v. Slovakia, judgment of 12 June 2012 (no. 29518/10): victim of forced/coerced sterilisation in a public hospital in Slovakia. She complained in particular that she had been sterilised without her full and informed consent, that the authorities’ ensuing investigation into her sterilisation had not been thorough, fair or effective and that her ethnic origin had played a decisive role: violation of Article 3 (treatment), no violation of Article 3 (investigation) and violation of Article 8 (right to private and family life).); Kuric and others v Slovenia, judgment of 26 June 2012(application no. 26828/06). The applicants belong to a group of persons known as the “erased”, who on 26 February 1992 lost their status as permanent residents following Slovenia’s declaration of independence in 1991, and faced almost 20 years of extreme hardship. Violation of Article 8 (right to respect for private and/or family life) of the European Convention on Human Rights; a violation of Article 13 (right to an effective remedy) in combination with Article 8 of the Convention, and; a violation of Article 14 (prohibition of discrimination) in combination with Article 8; M. and Others v. Italy

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and Bulgaria, 31 July 2012, (application no. 40020/03): Alleged trafficking of a young Bulgarian girl of Roma origin in Italy. Violation of Article 3 in respect of Italy. No violation of Article 3 (substantive limb); Buckland v. the United Kingdom (no. 40060/08), judgment of 18 September 2012: The case concerned her threatened eviction from the Cae Garw caravan site in Port Talbot, Wales, after a possession order had been made against her and her family in August 2005. Violation of Article 8 (home); Fedorchenko and Lozenko v. Ukraine, 20 September 2012, (application no. 387/03): Burning of the first applicant’s house and death of their relatives in a racially motivated arson attack and the lack of an effective investigation. The applicant’s allege involvement of a state agent in the arson attack. Violation of Article 2 and Article 14 in conjunction with Article 2 (procedural limb). No violation of Article 2 (substantive limb); Yotova v. Bulgaria (no. 43606/04), judgment of 23 October 2012. The applicant, Yolanda Kirilova Yotova, is a Bulgarian national of Roma origin. She was giving a party at her house in Aglen, two days after serious altercations had occurred between some youths of Roma origin and some youths of Bulgarian origin. At about midnight some shots were fired from a car towards the front gate of her house and the applicant was hit in the chest, shoulder and arm. Following the attack she was declared over 75% disabled. Relying in particular on Articles 2 (right to life) and 14 (prohibition of discrimination), Mrs Yotova alleged that the State authorities had failed to comply with their obligation to conduct an effective investigation into her attempted murder. She also complained that the authorities had not attempted to establish whether or not it had been a racially and ethnically motivated crime. Violation of Article 2 (investigation), violation of Article 14 combined with Article 2. Lǎcǎtus and Others v. Romania, 13 November 2012 (application no. 12694/04 12694/04): Destruction of the applicants’ home following an attack on Roma homes in the village of Hadareni in September 1993 by a mob of non-Roma villagers and the local police; the poor and cramped conditions in which they had been forced to live afterwards; and the disparaging and discriminatory terms used by the domestic courts and other official authorities’ when referring to them in the course of proceedings for damages. Violation of Articles 3, 6 § 1, 8 and 14 in conjunction with Articles 6 and 8.; I.G. and Others v. Slovakia, 13 November 2012 (application no. 15966/04 ): Sterilization of the applicants without their full and informed consent. Violation of Articles 3 (substantive and procedural limbs) and 8 and no violation of Article 13; Hamidovic v. Italy, 4 December 2012 (application no. 31956/05) :Deportation of the applicant without her husband and children and despite Court’s indication under Rule 39 of the Rules of the Court. Violation of Article 8; Sampani and Others v. Greece, 11 December 2012, (application no.59608/09): Failure of the authorities to integrate Roma children into normal schools – the applicants’ children are enrolled at a school, which is attended exclusively by children from the Roma community and provide a lower standard of education than other schools. Follow-up case from Sampanis and Others judgment delivered in 2008. Violation of Article 14 in conjunction with Article 2 of Protocol No. 1. Article 46: The Court recommended that those of the applicants who were still of school age be enrolled at another State school and that those who had reached the age of majority be enrolled at second chance schools or adult education institutes set up by the Ministry of Education under the Lifelong Learning Programme; Horvath and Kiss v. Hungary, 29 January 2013 (application no. 11146/11): The applicants complained that their education in a remedial school had represented ethnic discrimination in the enjoyment of their right to education. In this connection, they alleged that the test used for their placement had been culturally biased and knowledge-based, putting Roma children at a particular disadvantage. Violation of Article 14 in conjunction with Article 2 of Protocol No. 1.

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Committee of Ministers’ supervision of execution of judgments

Oršuš v. Croatia (16/03/2010) concerns discrimination against Roma children in primary schools in Croatia. The authorities have taken a number of steps aimed at abolishing Roma-only classes in Croatia. These measures are also aimed at increasing the active involvement of social services in order to raise awareness of the Roma population on the importance of education. The Secretariat summarised the measures taken in the document CM/Inf(2011)46. On the basis of the assessment that the measures taken and envisaged by the Croatian authorities are adequate, the case was transferred from the enhanced to standard supervision. Šečić v. Croatia (31/08/2007) concerns failure to carry out an effective investigation into a racist attack and discrimination against a Roma on that ground. The Croatian authorities have taken a number of measures to prevent similar violations, including a number of legislative, institutional and organisational measures aimed at preventing hate crimes (e.g. a special police division to combat hate crime was set up; special regulaton on procedure in hate crime cases was adopted; special tracking and monitoring mechanism in respect of hate crimes was set up; special trainings of police officers in cooperation with OSCE were provided etc.). In its resolution CM/Res/CMN(2011)12, however, the CM indicated that the "[e]thnically-motivated incidents against persons belonging to national minorities, in particular […] the Roma, continue to be a serious problem in Croatia" and that "various sources concur that the response from the law enforcement officials to ethnically-motivated incidents is inadequate".  In view of a number of other cases unrelated to Roma concerning lack of an effective investigation these measures have not been assessed as effective. The last updated action plan was provided in April 2012.  Information is still awaited on the measures taken and/or envisaged to ensure that the response of law enforcement officials to ethnically-motivated incidents is adequate and that allegations of violence committed by individuals, including against persons of Roma origin, are efficiently investigated and perpetrators are promptly brought to justice. This case is supervised under the enhanced procedure. Đurđević v Croatia (19/10/2011) concerns lack of an effective and independent investigation into the allegations of ill-treatment of Roma applicants by the police. The Croatian authorities have taken certain awareness-raising measures. However, information is still awaited on the measures aimed at ensuring efficient and independent investigations into alelgations of ill-treatment of Roma individuals in hands of the police. Beganović v. Croatia (25/09/2009) concerns failure of the public authorities to provide adequate protection to the applicant of Roma origin against an act of serious violence which eventually led to the statute of limitation for prosecution of the assailants. No relevant information on the measures taken or envisaged has been submitted in the reference period. DH v Czech Republic (13/11/2007) concerns discrimination in the enjoyment of the applicants' right to education due to their assignment to special schools (schools for children with special needs including those suffering from a mental or social handicap) between 1996 and 1999 on account of their Roma origin. The Committee of Ministers has been supervising the execution of the judgment since it became final in 2007. In 2009 an Action plan was submitted by the authorities detailing a range of measures taken and planned to execute the judgment.  However, by June 2011, the Committee noted that relevant reports indicated that little has changed on the ground since the time the judgment was delivered and it repeatedly underlined the importance of achieving concrete progress. In June 2012, the Committee called on the authorities to submit a consolidated action plan based on a clear medium and short-term strategy, with a time-table and budget for the implementation of the measures foreseen. This Action plan was submitted (see DH-DD(2012)1074E ) and includes a certain number of short term measures, including a new amendment to Decree 73/2005 to remove the possibility for pupils without a disability to be

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educated in a class for pupils with disabilities. Other measures provide for the revision of diagnostic tools used to identify pupils with “slight mental disabilities” and increased supervision of diagnostic and counselling services (the bodies which identify and manage progress of pupils with a “slight mental disability”). The plan also provides for regular monitoring of the implementation of the measures proposed and continued engagement with civil society. In December 2012, the Committee noted the plan with interest and reiterated the importance of rapidly obtaining concrete results. Its supervision of the judgment continues under the Enhanced procedure, and the authorities will keep the Committee informed on all developments concerning the implementation of the consolidated Action plan.Jašar group of cases v “the former Yugoslav Republic of Macedonia” (15/05/2007) concerns lack of an effective investigation into the allegations of ill-treatment of Roma people by the police. In 2010, the authorities adopted the new Criminal Procedure Code. It provides that public prosecutors are under an obligation to take a decision within three months after a complaint is lodged. If a public prosecutor fails to do so, he would have an obligation to inform the complainant and the superior prosecutor. The authorities also prepared draft amendments to the Public Prosecution Law aimed at establishing a special prosecution division in charge of prosecuting similar cases. These measures should ensure effective investigations, including in respect of Roma victims. Moldovan and others v.Romania (1. 05/07/2005 – 2. 30/11/2005)These cases concern the consequences of racially-motivated violence, between 1990 and 1993, against villagers of Roma origin, in particular improper living conditions following the destruction of their homes. They also concern the general discriminatory attitude of the authorities, including their prolonged failure to put an end to the breaches of the applicants' rights (Articles 3, 6, 8, 13 and 14 in conjunction with Articles 6 and 8). The case of Moldovan and others involved 25 applicants, 18 of whom agreed to a friendly settlement of their case (see Moldovan and others (No. 1)). As regards the remainder of the applicants, the Court found violations of most of the provisions mentioned in the preceding paragraph (Moldovan and others (No. 2)). In the cases of Kalanyos and others, Gergely and Tanase and others, the European Court gave judgments endorsing unilateral declarations by which the Romanian authorities accepted that the events at issue had given rise to violations of the Convention. The authorities further indicated that they considered the supervision by the Committee of Ministers of the execution of the European Court’s judgments in these cases an appropriate mechanism for ensuring the implementation of the undertakings given in this context.Status of execution (the information below only concerns general measures):The general measures taken as at June 2011 and the issues outstanding at that time are presented in the information document CM/Inf/DH(2011)37. In September 2011, the Romanian authorities presented a revised action plan (DH-DD(2011)708). Additional information was also provided in February 2012 (DH-DD(2012)202).1) Moldovan and others (Nos. 1 and 2): since May 2011, a working group coordinated by the Private Office of the Deputy Prime Minister ensures the monitoring of the execution of these judgments. The working group was given in particular the mandate to identify the outstanding measures and to prepare a draft of a legislative act setting up a new organisational framework and providing the required funds for the implementation of the outstanding measures. The deadline announced for the adoption of this act (15 September 2011) was not met. According to the working group’s assessment, the measures which remain to be taken concern (i) the renovation of ten houses; (ii) the reconstruction of three other houses; (iii) the construction of the community medical clinic; (iv) the construction of an industrial building; (v) the acquisition of equipment for profitable activities; (vi) the finishing works for the local cultural centre, school and kindergarten.

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The authorities are currently providing assistance to three applicants in their efforts to clarify the legal status of their lands, so that three houses can be rebuilt, once the new framework is adopted.2) Kalanyos and others and Gergely: the revised action plan provided details on the measures taken and on some measures in progress, in particular as regards the infrastructure. While at first, the National Council to combat Discrimination (the “NCAD”) was involved in the implementation of the general measures, this task appears to have been subsequently left to the local authorities. No information is available on the manner in which the Romanian authorities shall proceed to assess the measures taken and to define, if need be, the measures that remain to be taken for the execution of these judgments.3) Tanase and others: the implementation of the general measures appears to have been left to the local and county authorities. The revised action plan contains some clarifications on the measures implemented within this framework. The authorities indicated that no other measure remains to be taken and invited the Committee of Ministers to consider closing the examination of this case. To facilitate this examination, the Romanian authorities will provide the Committee of Ministers shortly with a separate Action report in this case.