Work
27.June 2005 - 00:00
Situation of the Roma in Eastern Europe, particularly Slovakia
It is estimated that there are roughly 10 million Roma in Europe, around half of whom live in the countries formerly behind the Iron Curtain, i.e. in the old Eastern Europe. However, the living conditions and rights of Roma people in many of these countries, which now belong to the EU, differ sharply in practice from those of the majority population.
The unemployment rate among Roma in Eastern Europe varies from 24 % in Romania to 64 % in Slovakia. It has been estimated that some 80 % of Roma in Bulgaria and Romania, for example, are living below the poverty line. According to the UN’s most recent development report, the average life expectancy of Roma is 10 to 15 years less than that of other Europeans.
The situation is particularly difficult in Slovakia, however, where according to Klára Orgovánová, a local Roma councillor, there are some 320000 Roma, contrasting with the ‘official’ figure of only 89000. Of the 1575 Roma settlements in Slovakia, 149 are isolated, without access to local authority services. Research shows that 81 % of these settlements have no sewerage system. There is no drinking water in 37 % of them, and no gas for cooking and heating in 59 %. The Slovak Government’s recent decision to make heavy cuts in social security to large families has also had a disastrous effect on Roma livelihoods.
It is estimated that the situation of the Roma has worsened since Slovakia joined the EU.
This is a real and serious problem, given that the Roma are our continent’s largest ethnic minority. Is the Council aware of the plight of the Roma in the EU in general, and more importantly at Member State level, for example in Slovakia? What practical measures does the Council have to offer to permit the situation of this ethnic minority to improve in practice and thus to guarantee equal rights and living conditions to all EU citizens?
Answer given by the Council
In reply to the Honourable Member, the Council would like to underline that work on the protection of minorities has been an ongoing process in the countries in Central and Eastern Europe and goes back to the pre-enlargement phase. Indeed the Copenhagen European Council in December 1993 established the 'Copenhagen Criteria' of set standards for countries wishing to join the EU. Among the Copenhagen Political Criteria is the requirement of 'stability of institutions guaranteeing democracy, the rule of law, human rights and respect for, and protection of, minorities'.
Furthermore, throughout the past years the Council has been at the forefront in adopting legal measures which have significantly expanded the scope of anti-discrimination law in Europe, namely:
(i) Council Directive 2000/43/EC "implementing the principle of equal treatment between persons irrespective or racial or ethnic origin ("Race Directive")
(ii) Council Directive 2000/78/EC "on the implementation of the principle of equal treatment in employment and occupation" ("Employment Directive")
(iii) The Directive of the European Parliament and the Council 2002/73/EC "on the implementation of the principle of equal treatment for men and women as regards to access to employment, vocational training and promotion, and working conditions"
The Race Directive, which came into effect in the new Member States upon enlargement on 1 May 2004, has been an important instrument in addressing the situation of Roma people, particularly in the new Member States. This Directive introduces legal standards throughout the Union aimed at ending differential treatment based on the arbitrary criteria of race or ethnicity. It provides details as to the scope and content of laws banning racial discrimination, and covers a wide range of areas where discrimination against Roma may take place – employment, training, education, social protection, access to goods and services, and housing.
The Race Directive includes, among other provisions, bans on both 'direct' and 'indirect' discrimination, the requirement of legal remedies for victims of racial discrimination through 'judicial and/or administrative procedures', for the enforcement of anti-discrimination obligations 'available to all' and the provision that in cases in which complainants 'establish, before a court or other compensatory authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment'. The Race Directive also requires that domestic law impose effective, proportionate and dissuasive sanctions for violation of anti-discrimination norms. These should include 'the payment of compensation to the victim'.
The Council wishes to remind the Honourable Member of Parliament that the European Commission oversees the implementation of Community law in the Member States and is due to report in 2006 to the European Parliament and the Council on the application of the 2004/43/EC and 2000/78/EC Directives, including if necessary, proposals to revise and update those Directives. Apart from the legislative framework, the Commission has also undertaken various initiatives in the field of anti-discrimination with particular focus on the situation of Roma people. These include the financing of a major conference on the "Situation of Roma in an Enlarged EU" in April 2004, which was attended by some 140 Roma activists, and the Community Action Programme to combat discrimination (2000-2006) of which one priority area for 2004 targeted Roma integration into education and employment specifically, as well as various initiatives in the field of social protection and social inclusion. In fact one of the seven key policy priorities in the 2005 Joint Report of the Council and the Commission on Social Protection and Social Inclusion deals with overcoming discrimination and increasing the integration of people with disabilities, ethnic minorities and immigrants. The report states that special attention should be awarded to the difficulties faced by the Roma community and that this should be reflected in the Member States' national action plans (NAPs).
As part of its framework strategy for non-discrimination and equal opportunities for all , the Commission has recently presented a proposal for a Decision by the European Parliament and the Council on a European Year of Equal Opportunities for All (2007) – Towards a Just Society , which
should provide an opportunity to promote a more cohesive society and to raise awareness of the specific concerns at a national and EU level in the area of equality and non-discrimination. The relevant Council working party is currently examining this proposal with a view to reaching agreement as soon as possible under the co-decision procedure with the European Parliament.
Moreover, the Honourable Member may wish to note that the EU has lent its support to the "2005-2015 Decade of Roma Inclusion" initiative taken by several new Member States of the EU together with acceding and candidate States as well as other countries in the region on 2 February 2005 in Sofia, in order to tackle long-standing discrimination against this community. These countries pledged public funds to promote the integration of the region's estimated ten million Roma minority.
Finally, the Council reminds the Honourable Member that it does not comment on the internal situation inside Member States. If the Honourable Member would like to know about the application of EC law by Member States, the question should be addressed to the Commission.
1 COM (2005) 224 final.
2 COM (2005) 225 final.
It is estimated that there are roughly 10 million Roma in Europe, around half of whom live in the countries formerly behind the Iron Curtain, i.e. in the old Eastern Europe. However, the living conditions and rights of Roma people in many of these countries, which now belong to the EU, differ sharply in practice from those of the majority population.
The unemployment rate among Roma in Eastern Europe varies from 24 % in Romania to 64 % in Slovakia. It has been estimated that some 80 % of Roma in Bulgaria and Romania, for example, are living below the poverty line. According to the UN’s most recent development report, the average life expectancy of Roma is 10 to 15 years less than that of other Europeans.
The situation is particularly difficult in Slovakia, however, where according to Klára Orgovánová, a local Roma councillor, there are some 320000 Roma, contrasting with the ‘official’ figure of only 89000. Of the 1575 Roma settlements in Slovakia, 149 are isolated, without access to local authority services. Research shows that 81 % of these settlements have no sewerage system. There is no drinking water in 37 % of them, and no gas for cooking and heating in 59 %. The Slovak Government’s recent decision to make heavy cuts in social security to large families has also had a disastrous effect on Roma livelihoods.
It is estimated that the situation of the Roma has worsened since Slovakia joined the EU.
This is a real and serious problem, given that the Roma are our continent’s largest ethnic minority. Is the Council aware of the plight of the Roma in the EU in general, and more importantly at Member State level, for example in Slovakia? What practical measures does the Council have to offer to permit the situation of this ethnic minority to improve in practice and thus to guarantee equal rights and living conditions to all EU citizens?
Answer given by the Council
In reply to the Honourable Member, the Council would like to underline that work on the protection of minorities has been an ongoing process in the countries in Central and Eastern Europe and goes back to the pre-enlargement phase. Indeed the Copenhagen European Council in December 1993 established the 'Copenhagen Criteria' of set standards for countries wishing to join the EU. Among the Copenhagen Political Criteria is the requirement of 'stability of institutions guaranteeing democracy, the rule of law, human rights and respect for, and protection of, minorities'.
Furthermore, throughout the past years the Council has been at the forefront in adopting legal measures which have significantly expanded the scope of anti-discrimination law in Europe, namely:
(i) Council Directive 2000/43/EC "implementing the principle of equal treatment between persons irrespective or racial or ethnic origin ("Race Directive")
(ii) Council Directive 2000/78/EC "on the implementation of the principle of equal treatment in employment and occupation" ("Employment Directive")
(iii) The Directive of the European Parliament and the Council 2002/73/EC "on the implementation of the principle of equal treatment for men and women as regards to access to employment, vocational training and promotion, and working conditions"
The Race Directive, which came into effect in the new Member States upon enlargement on 1 May 2004, has been an important instrument in addressing the situation of Roma people, particularly in the new Member States. This Directive introduces legal standards throughout the Union aimed at ending differential treatment based on the arbitrary criteria of race or ethnicity. It provides details as to the scope and content of laws banning racial discrimination, and covers a wide range of areas where discrimination against Roma may take place – employment, training, education, social protection, access to goods and services, and housing.
The Race Directive includes, among other provisions, bans on both 'direct' and 'indirect' discrimination, the requirement of legal remedies for victims of racial discrimination through 'judicial and/or administrative procedures', for the enforcement of anti-discrimination obligations 'available to all' and the provision that in cases in which complainants 'establish, before a court or other compensatory authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment'. The Race Directive also requires that domestic law impose effective, proportionate and dissuasive sanctions for violation of anti-discrimination norms. These should include 'the payment of compensation to the victim'.
The Council wishes to remind the Honourable Member of Parliament that the European Commission oversees the implementation of Community law in the Member States and is due to report in 2006 to the European Parliament and the Council on the application of the 2004/43/EC and 2000/78/EC Directives, including if necessary, proposals to revise and update those Directives. Apart from the legislative framework, the Commission has also undertaken various initiatives in the field of anti-discrimination with particular focus on the situation of Roma people. These include the financing of a major conference on the "Situation of Roma in an Enlarged EU" in April 2004, which was attended by some 140 Roma activists, and the Community Action Programme to combat discrimination (2000-2006) of which one priority area for 2004 targeted Roma integration into education and employment specifically, as well as various initiatives in the field of social protection and social inclusion. In fact one of the seven key policy priorities in the 2005 Joint Report of the Council and the Commission on Social Protection and Social Inclusion deals with overcoming discrimination and increasing the integration of people with disabilities, ethnic minorities and immigrants. The report states that special attention should be awarded to the difficulties faced by the Roma community and that this should be reflected in the Member States' national action plans (NAPs).
As part of its framework strategy for non-discrimination and equal opportunities for all , the Commission has recently presented a proposal for a Decision by the European Parliament and the Council on a European Year of Equal Opportunities for All (2007) – Towards a Just Society , which
should provide an opportunity to promote a more cohesive society and to raise awareness of the specific concerns at a national and EU level in the area of equality and non-discrimination. The relevant Council working party is currently examining this proposal with a view to reaching agreement as soon as possible under the co-decision procedure with the European Parliament.
Moreover, the Honourable Member may wish to note that the EU has lent its support to the "2005-2015 Decade of Roma Inclusion" initiative taken by several new Member States of the EU together with acceding and candidate States as well as other countries in the region on 2 February 2005 in Sofia, in order to tackle long-standing discrimination against this community. These countries pledged public funds to promote the integration of the region's estimated ten million Roma minority.
Finally, the Council reminds the Honourable Member that it does not comment on the internal situation inside Member States. If the Honourable Member would like to know about the application of EC law by Member States, the question should be addressed to the Commission.
1 COM (2005) 224 final.
2 COM (2005) 225 final.