Author: Dr. Nicasia Picciano
‘ […] Roma integration, difficult as it may be, is a task for all Member States […].’[1]
The Roma community is one of the largest (out of an estimated 10 to 12 Mill Roma living in Europe, approximately 6 Mill are citizens or residents of the EU) minority groups in the European Union[2] facing systematic abuse and marginalization from the time of their initial migration from northern India to the old continent. Roma arrived in the Balkan countries in the mid-14th century mainly working in agriculture and industry, and moved on to Wallachia, where they are first mentioned in 1385. Then, they migrated from Wallachia to Transylvania, and arrived in Western Europe in the early 15th century.[3]
Their persecution started early on: they were accused by the Holy Roman Empire of being spies, and they were expelled from Germany in 1479, and from Spain in 1492. Anti-Roma laws were adopted in all European countries. But their implementation was nowhere effective. The only exception were Hungary, Transilvania and Russia. And, this is to be attributed presumably to the expansion of the Ottoman empire in the area, coupled with the need of defending from attacks and destruction. In fact, many Roma were employed in the building of fortifications, repair arms, and even manufacture at that time.[4] Roma discrimination and stigmatisation across Europe culminated with World War II with the mass killings of thousands[NP1] Roma in Nazi concentration camps. Historians estimate that between 220,000 and 500,000 Romani were killed by the Germans and their collaborators—25% to over 50% of the estimate of slightly fewer than 1 Mill Roma in Europe at the time.[5] But later research revelead that the number was at about 1.5 Mill out of an estimated 2 million Roma.[6]
They remain one of the most vulnerable groups with poor and/or no access to education, employment, health-care and housing. Also, many Roma children are not registered at birth. And, this can often leave the child stateless. It can prevent him/her from gaining citizenship, from having access to education, healthcare, and of any protection under national law.
Whether there are no official and/or reliable statistics it is estimated that between 10 and 12 Mill Roma live in Europe. Most of them – around two thirds – live in central and eastern European countries, where they make up between 5% and 10% of the population. There are also sizeable Romani minorities in Western Europe[NP2] (i.e., Italy around 150,000 Roma and Travellers; Spain 600,000-800,000; France and UK up to 300,000 in each country[7]; Germany 70,000-140,000 with other estimates previously suggesting that the number is up to 40,000[8]; Hungary 315,583-800,000[9]). And, Roma in Europe are a young population: their average age is 25 years (40 years at the EU level) and 35.7% are under 15 years (against an EU average of 15.7%).[10]
Many Roma from Bulgaria and Romania, hosting the highest number of Roma across the EU (respectively 23% and 21%)[11] took advantage of the European membership, gained by both countries in 2007, to look for a better life and to move elsewhere across Europe. However, their integration has been neither easy nor with a long-term perspective, considering that France and Germany, for instance, started forced repatriations for Roma in 2009-2010. Also, their integration in Hungary has not been an easy path, which has been deteriortaing further under Fidesz and the radical/populist party Jobbik.
In 2009 and 2010the deportation of Roma migrants from France was subject to intense political debate. At that time the French government, headed by Nicolas Sarkozy, initiated a program to repatriate thousands of Romanian and Bulgarian Romani. Between July and September 2010, at least 51 Romani camps were demolished, and France repatriated about 1,230 Romani to their countries of origin. On the whole it is estimated that around 10,000 Roma were sent back to Romania and Bulgaria from France in 2010.[12] Sarkozy’s move was publicly due to presumed links between illegal Roma camps to crimes such as prostitution and child exploitation. In the practise, it was meant to revive its dwindling popularity and divert attention from controversial reforms and spending cuts[13]. The then EU Justice Commissioner Viviane Reading urged the European Commission to take legal action against France for the forced deportation of Roma, while accusing Paris of violating EU law[14]. But deportations continued in 2011 (8,000) and 2012.[15]
Germany, hosting mainly Roma coming from Kosovo and the Western Balkans, initiated a large-scale repatriation of Roma, together with Ashkali and Egyptians (RAE) in 2009. This action followed Kosovo’s declaration of independence (17th February 2008) and the German government consideration of Kosovo as safe enough for minority returns[16]. In April 2010 Berlin and Pristina signed an agreement on the repatriation of civil war refugees, including Roma. Since then around 12,000 Roma have been under threat of deportation. In the practise, only 87 Roma living in Germany were forced to move back to Kosovo in 2010. Ehrhart Körting, the interior affairs minister for the city-state of Berlin (SPD, Social Democratic Party) at that time, considered the agreement dangerous, by urging to investigate each single case.[17] In fact, the Kosovo government had no choice if not signing such an agreement with Berlin: the conclusion of readmission agreements obliging Pristina to take back Kosovan nationals residing illegally in the EU, is one of the preconditions for Kosovo to start the formal visa dialogue eventually leading to visa liberalisation. Kosovar citizens are so far the only ones across the region who cannot travel visa-free to the EU.[18]
Being repatriated from France and Germany, Roma did not have a better chance in Hungary too. The earliest source mentioning the Roma in the territory of Hungary is a document dating from 1416. From the early 16th century, the Roma population grew steadily in the country and particularly in Transylvania. According to municipal tax records dating from the 16th century, Roma performed several tasks in the city of Brassó, such as repairing the city’s gates and bridges, manufacturing arms and cannons, keeping the streets clean, sweeping the market, and clearing the sewers. They also functioned as gravediggers, dogcatchers, and executioners.[19] They were subsequently persecuted and many were banished and stigmatized as a group. Hapsburg rulers Maria Theresa and Joseph II issued laws banning their nomadic style within the country in the 18th century. Those who were able to assimilate within the new restrictions stayed in Hungary and adopted Hungarian as their first language, others moved elsewhere in Europe. A century later (19th) Roma integrated themselves relatively well into the Hungarian society. But with the mass production in the 20th century many were unemployed, with their traditional craft-work becoming superfluous. This socio-economic change contributed to their further stigmatisation and discrimination. The apex was reached in World War II with ten thousands killings in the Nazi concentration camps. In the 1970s and 1980s, the Hungarian communist authorities initiated a policy of supporting Roma activities and culture. And, this was quite exceptional at that time in Central and Eastern Europe. But with the end of communism and the closure of many factories, along with the shutdown of major state investments and construction projects, Roma were hardest hit. In 1989, following the end of communism, a multi-party state was established, but the marginalisation of Roma increased. However, the urgence of addressing the conditions of Roma was stressed during the 2004 EU accession process. Concretely, the accession criteria set forth at the EU Council meeting in Copenhagen in 1993 asked upon the Hungarian authorities to improve the integration of Roma minority.[20]
After years of discrimination a process of integration of the Roma into Hungarian society started in the 1960s and 1970s, with many Roma becoming urbanised (half of the population lives in urban areas)[21] and leaving their traditional occupations, while getting better jobs. Others major steps have been undertaken in order to abide by the 1993 Copenhagen criteria for acceding the EU in 2004. However, the period after 2010, and the rise to power of the conservative Fidesz party winning two-thirds of the majority of the Hungarian National Assembly, witnessed a growing nationalism leading to Roma being scapegoated and demonized in a right-wing discourse fuelled with anti-Roma rhetoric. In 2010 the radical nationalist and openly anti-Roma and anti-Semitic Jobbik or ‘Movement for a Better Hungary’ entered the parliament for the first time. Its stand towards the Roma was firmly critized by the Fundamental Rights Agency (FRA) of the EU. Also, the living conditions for Roma continue to be well below those of the total population, and they keep being target of considerable economic and social discrimination, with limited access to services and lower life expectancy. Estimates say that 29% of Roma live without tap water and 43% have no access to indoor toilets, showers or bathrooms.[22]
Roma children, in particular, suffer from stigmatisation, exclusion and socio-economic disparities. Recent statistics report that Roma aged between 15 and 64, 80% had not achieved 8 or more years of schooling (four times the proportion among the total population).[23] Also, they have been further hit by the repatriation policies enacted by France and Germany. They grew up in another country, which became their home. They went to school, they had friends there, and suddenly were forced to return to a place, they don’t know and whose language they don’t even speak. For many of them the return was a cultural shock, as well as the loss of any perspective for a better life. Besides that, repatriation represented a big challenge for RAE children with needs, particularly in terms of access to health services, civil registration, and school registration.[24]
Germany repatriated 133 Kosovan Roma, Ashkali and Egyptian children, including 94 school children in 2010. Most of them have been born, raised and schooled in Germany. An estimated 5 – 6.000 Kosovan Roma, Ashkali and Egyptian children in Germany continued to live under imminent threat of deportation. In comparison to 2010 when they have been deported to Kosovo, there has been no real improvement in the lives of those repatriated Roma, Ashkali and Egyptians children portrayed a year later, with some exceptions.[25]
It is, however, to positively greet the November 2010 amendement to Aufenthaltsgesetz, the law regulating the right to acquire residence titles with an extension for 15-21 year olds who were born in Germany, or arrived before their fourteenth birthday. In order to be eligible for residence children and youth must prove they have integrated well and have attended school successfully. Also, the family should be able to earn a living without social assistance. On 21 September 2010, the Ministry of Interior of North Rhine-Westphalia (at the time a Social Democratic-Green coalition was ruling) issued a special decree concerning the repatriation of Kosovan Roma, Ashkali and Egyptians. Concretely, the decree required upon the authorities to take the interests of the children (child-centered approach) duly into account, including the level of the child’s integration in Germany, as well as his/her educational and professional needs. On 1st December 2010 the governemnt of North Rhine-Westphalia issued another decree stopping all forced repatriations of the RAE communities to Kosovo and Serbia in the winter time (Dec. 2010-31 March 2011). Only criminals convicted for serious crimes were not included.[26]
Along with ad hoc national measures aimed at addressing specific issues affecting the Roma communities, the Council of the European Union adopted in 2008 a framework decision on combating certain forms and expressions of racism and xenophobia by means of criminal law. Concretely, it states that racism and xenophobia are a direct violation of the principle of liberty, democracy, respect for human rights and fundamental freedoms being all principles upon which the European Union is founded and, thus, common to all its member states. The necessity of this framework is two-fold. On the one hand, there is the need of defining a common criminal-law approach in the EU with regard to this phenomenon, so as to ensure that the same behaviour constitutes an offence in all Member States. On the other hand, it is crucial that effective, proportionate and dissuasive penalties are provided for natural and legal persons having committed or being liable for such offences. At the same time the Framework recognizes that since the Member States’ cultural and legal traditions are, to some extent, different, particularly in the field of criminal law, full harmonisation is currently not possible.[27]
A crucial step in addressing issues of violations of human rights within the European Union has been reached with the Lisbon Treaty, coming into force on 1 December 2009[28], incorporating the EU Charter of Fundamental Rights. This document is legally binding and has the same force of EU primary law, thus making it the primary source of human rights law within the European Union. A further key initiative is the Decade of Roma Inclusion running from 2005 to 2015 and launched in nine Central, Eastern and South-Eastern European countries, including Hungary with the financial support, among others, of the World Bank and the UN Development Programme. Its core objective was to improve the economic status and social integration of the Roma population by developing ad hoc policies.[29] Last but not least it is to mention the open criticism of the Fundamental Rights Agency (FRA) of the EU against the increasing populism in some countries across Europe, including Hungary, towards minorities migrants, and other vulnerable groups becoming targets of organized racist violence.[30]
Yet, all these measures and mechanisms are not complemented by a strict follow-up procedure so that a proper assessment of how far the conditions of Roma in each European country has either improved and/or deteriorated is difficult to estimate in many cases. A better EU-coordinated approach should be encouraged for the many ignored Roma’voices, and above of all their children’, finally being heard.
[1]Die Roma sind EU-Bürger — überall in der Europäischen Union, Spiegel International, 6 September 2010 [online]. Available at: https://www.spiegel.de/international/europe/the-world-from-berlin-the-roma-are-eu-citizens-everywhere-in-the-european-union-a-715900.html [Accessed: 15 May 2021].
[2]Roma equality, inclusion and participation in the EU [online]. Available at: https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combatting-discrimination/roma-eu/roma-equality-inclusion-and-participation-eu_en#:~:text=The%20Roma%20are%20Europe%E2%80%99s%20largest%20ethnic%20minority.%20Out,despite%20the%20discrimination%20ban%20across%20EU%20Member%20States. [Accessed: 16 May 2021].
[3]https://minorityrights.org/minorities/roma-8/ [Accessed: 16 May 2021].
[4]István Kemény (2005) History of Roma in Hungary. In Kemény, István (ed.) Boulder: 1-5. Available at: https://kisebbsegkutato.tk.hu/uploads/files/archive/310.pdf [Accessed: 15 May 2021].
[5]Genocide of European Roma (Gypsies), 1939-1945 [online]. Available at: https://encyclopedia.ushmm.org/
content/en/article/genocide-of-european-roma-gypsies-1939-1945 [Accessed: 16 May 2021].
[6]Hanock Ian. (2005). True Romanies and the Holocaust: A Re-evaluation and an overview, The Historiography oft he Holocaust, Palgrave Macmillan, pp.383-396 [online]. Available at: https://web.archive.org/web/20110928
102756/http://www.radoc.net/radoc.php?doc=art_e_holocaust_porrajmos&lang=en&articles=[Accessed: 16 May 2021].
[7]Catrinel Motoc. The Roma in Europe: 11 things you always wanted to know but were afraid to ask, 23 April 2015 [online]. Available at: https://www.amnesty.org/en/latest/campaigns/2015/04/roma-in-europe-11-things-you-always-wanted-to-know-but-were-afraid-to-ask/#:~:text=In%20Europe%2C%20there%20are%20between%2010%20and%2012,5%20and%2010%20per%20cent%20of%20the%20population. [Accessed: 16 May 2021].
[8]https://minorityrights.org/minorities/romasinti/ [Accessed: 16 May 2021].
[9] https://minorityrights.org/minorities/roma-8/ [Accessed: 16 May 2021].
[10]Roberta Lunghini. How many Roma live in Europe? 15 January 2016 [online]. Available at: https://www.west-info.eu/how-many-roma-live-in-europe/ [Accessed: 16 May 2021].
[11]Roberta Lunghini. Ibid.
[12]France’s immigration Chief Revisits The Roma Expulsion Issue, in Romania [online]. Available at: https://web.archive.org/web/20111122161439/http://worldcrunch.com/france-s-immigration-chief-revisits-roma-expulsion-issue-romania/3921 [Accessed: 15 May 2021].
[13]Die Roma sind EU-Bürger — überall in der Europäischen Union, Spiegel International, op. cit.
[14]EU may take legal action against France over Roma, BBC News, 14 September 2010 [online]. Available at: https://www.bbc.com/news/world-europe-11301307 [Accessed: 15 May 2021].
[15]Marian Chiriac. France, EU, Seek Action on Roma from Romania, BalkanInsight, 11 September 2012 [online]. Available at: hhttps://balkaninsight.com/2012/09/11/france-to-tackle-roma-problem-at-home/ [Accesed: 15 May 2021].
[16]No place to call home. Repatriation from Germany to Kosovo as seen and experienced by Roma, Ashkali and Egyptian children, UNICEF Kosovo and the German Committe for UNICEF 2011: 17 [online]. Available at: https://www.returnandreintegration.iom.int/en/resources/report/no-place-call-home-repatriation-germany-kosovo-seen-and-experienced-roma-ashkali [Accessed: 15 May 2021].
[17]Politicians say Deportations Will Remain Exception, Spiegel International, 20 September 2010 [online]. Available at: https://www.spiegel.de/international/germany/roma-in-germany-politicians-say-deportations-will-remain-exception-a-718708.html [Accessed: 15 May 2021].
[18]No place to call home. Ibid.: 20.
[19]István Kemény (2005) History of Roma in Hungary. In Kemény, István (ed.) Boulder: 5-6. Available at: https://kisebbsegkutato.tk.hu/uploads/files/archive/310.pdf [Accessed: 16 May 2021].
[20]https://minorityrights.org/minorities/roma-8/ [Accessed: 16 May 2021].
[21]https://minorityrights.org/minorities/roma-8/ [Accessed: 16 May 2021].
[22] https://minorityrights.org/minorities/roma-8/ [Accessed: 16 May 2021].
[23] https://minorityrights.org/minorities/roma-8/ Accessed: 16 May 2021].
[24]No place to call home. Op. cit.: 23-25.
[25]No place to call home. Ibidem: 8-12.
[26]No place to call home. Op. cit.: 13 & 19.
[27]Council of the European Union. Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, L328/55, 6 December 2008 [online]. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008
F0913&from=EN [Accessed: 15 May 2021].
[28]Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (2007/C 306/01), 17 December 2007 [online]. Available at: http://publications.europa.eu/resource/cellar/688a7a98
98-3110-4ffe-a6b3-8972d8445325.0007.01/DOC_19 [Accessed: 16 May 2021].
[29]https://minorityrights.org/minorities/roma-8/ [Accessed: 16 May 2021].
[30]https://minorityrights.org/minorities/roma-8/ [Accessed: 16 May 2021].
[NP1]Verify number
[NP2]If time: look into CoE last data
