Yes

by Crina Morteanu

Created on: October 20, 2011   Last Updated: October 21, 2011

European Integration and the Roma: Is there a need for a EU Roma policy?

Introduction

In recent years, attention has been increasingly given to the protection of minorities in Europe, in particular at the European Union’s level. By definition, members of minority find themselves in a vulnerable position compared to that of other citizens, and therefore, there is need for an effective mechanism of protection.[1]

Among various groups, the Roma constitute the biggest minority of Europe, counting today approximately between 7 and 10 million.[2] They face every day discrimination, great poverty, social exclusion, extreme living conditions, which make their life substandard.[3]

Recently in Hungary, a 27 year old Roma man together with his 5 year old son were shot dead while trying to escape from their house which had been set on fire.[4] Their killing was based on a racist attitude, which was advanced from a previous situation in the beginning of February 2009 when two Roma in a city close to Budapest killed a non-Roma Romanian citizen, which also gave rise to increasing the anti-Romany feeling of the Hungarian population.[5]

Having said that, the European Union [hereinafter EU] acknowledged the very specific situation of Roma in Europe and the need for action.[6] However, to date, not much has been done on solving the Roma issue neither by EU institutions nor by the Member States.

This paper will therefore analyze the issue of Roma integration and a possible way to address it, by looking at the advantages of creating a framework strategy for the integration of Roma. The paper starts by analyzing the current situation of Roma minority at EU’s level and the inability of the Member States to effectively deal with the Roma issue. It will be concluded that the adoption of a particular policy for Roma at European level is not discriminatory for other minorities of Europe due to the very sensitive situation of Roma among all the other minorities. In the end, a model for Roma integration at the European level will be framed based on the existing policies and instruments, which could be effectively used for their integration.

Note: For the purposes of this paper, the term Roma will refer to those persons that call themselves Roma, Gypsies, Travellers, Manouche or Sinti.

Conceptualization of Roma Issue

Discrimination, poverty, social exclusion, lack of education, lack of access to basic health care, lack of housing, etc., these are some of the problems that Roma face every day. In a study of the European Commission, DG Employment and Social Affairs describes the situation of Roma in old and new Member States, which continue to face a unique situation of discrimination and social exclusion.[7] Moreover, it has been acknowledged that European Societies developed a strong anti-Romani sentiment. For example, 79% of the Czech Republic’s citizens would not like to have a Roma as a neighbor.[8] The sensitive situation of Roma called for the European Union’s help, as a supranational institution, to interfere and to tackle the Roma issue by using different means, which could help in their integration. Hence, the European Union stated that: “The treatment of Roma is today among the most pressing political, social and human rights issues facing Europe”.[9]

The European Commission, as being the “policy-shaping” body of the European Union, decided to address their situation by way of adopting legislation and by including the issue of Roma integration in the Community’s action plans. Therefore in 2000, the European Commission adopted the Race Equality Directive, aimed at “implementing the principle of equal treatment between persons irrespective of racial or ethnic origin”.[10]  The Directive is aimed at ensuring equality of treatment for all citizens within the European Union and explains the scope and necessity of banning racial discrimination as well as analyzes the main areas where discrimination might take place, including employment, housing, health and education – the most pressing areas of concern for Roma people. Unfortunately, the so-called “Race Directive”, did not have a noticed impact upon the situation of Roma in Europe. EU Fundamental Rights Agency shows that according to statistics, the complaints on the inefficiency of the Directive come, particularly, from the Roma. Particularly it points out Greece, where the discrimination ethnic-racial cases referred to Roma housing.[11]

This failure is in particular the responsibility of the Member States which did not fully transpose the directive into their national legislation or which did not implement it at all. For example, the Czech Republic is one of the Member States that have not yet implemented the Race Equality Directive. Recently, the European Commission warned the Czech Republic of a possible lawsuit at the European Court of Justice according to Art.226 of the Treaty on the European Union, for not complying with the European legislation but till now the Czech Republic still has not taken any measures[12].

The other reasons of the Member States for not transposing totally the Directive in the national legislation are connected to the fact that its adoption would require extensive changes into national legislation. So according to the National Focal Point for Greece within the Fundamental Rights Agency, four Member States (Luxembourg, Finland, Germany and Austria) were sued at the European Court of Justice for not complying with their obligation under the treaty because they did not fully transpose the Race Equality Directive into their national laws.[13]

The European Union has also addressed the Roma issue through a Community Action Program adopted in 2000 for a period of 6 years. The program was aimed at helping a better implementation of the Directive as well as changing information and best practices within the Member States on how to better address the issue of Roma integration.[14] However, the program failed to take into consideration the particular needs of the Roma people and that is why it did not contribute noticeably to the integration of Roma.

In literature, it has been argued that in treating the Roma issue, the European Union and particularly the European Commission uses a “two-ways approach”.[15] The first one refers to addressing the Roma issue by way of the existent legislation, namely, anti-discrimination law, through the Race Equality Directive. The second approach used by the European Commission refers to the leaving to the Member States the methods they choose to deal with Roma matter by way of applying the Open Method of Coordination, which is based on soft governance. The second approach is based on the conclusions of the Lisbon Council in 2000, which approved as a working method for the implementation of the EU social inclusion, the Open Method of Coordination[16]. The Open Method of Coordination is aimed at “improving the coordination of policies for combating poverty and social exclusion of the member states” which should take place on the basis of a process of policy exchanges and mutual learning.”[17] Therefore, the Open Method of Coordination leaves to the Member States the decision on how to deal with Roma problems and how to make use of the existing policies.[18]

The very difficult situation of Roma at the European level, acknowledged by the Council of the European Union in December 2007, proves that the situation of Roma has not improved noticeably. Roma still continue to suffer discrimination in all areas of social life, facing every day extreme poverty and social exclusion.[19]

Showing positive feedback to the Roma issues, in its conclusions [December 2007], the Council urged the European Commission to make use of all the available means to create a strategy on how the existent policies could be used for the Roma Integration and to report on the results in June 2008: “In this connection the European Council, conscious of the very specific situation faced by the Roma across the Union, invites Member States and the Union to use all means to improve their inclusion. To this end it invites the Commission to examine existing policies and instruments and to report to the Council on progress achieved before the end of June 2008”.[20] Based on the expressed concern of the Council, the European Commission [especially DG Regional Policy, DG Employment and Social Affairs, DG Education] finalized a Staff Working Paper aimed at identifying possible ways of solving Roma problems by way of using the existing policies offered by the European Social Fund and European Regional Development Fund’s mechanisms.[21] The Staff Working Paper did not show any approval from EU Roma Policy Coalition involved in the consultation process. The EU Roma Policy Coalition was formed in March 2008, being a network of experts and NGO’s, aimed at working on “different aspects of discrimination against Roma people”.[22] They argued that such a paper is insufficient for tackling the Roma issue and in any case the fact that it leaves to the Member States the method of dealing with the Roma issue gives a wide discrepancy to the Member States.[23]

The Staff Working Paper’s content is based on analyzing each of the Roma problems (education, health, employment etc.), and how can they be overcome through existing current policies. In fact, the document is nothing more than just a “reminder” to the Member States to address in their National Action Plans, the issue of Roma integration and how to use the available means for their integration.

Also, the European Parliament called in January 2007 for the adoption of a EU strategy for the integration of Roma. Their proposal was rejected due to the general policy of the European Union of not adopting a policy for a particular disadvantaged group of society, namely Roma.[24]

The need for an EU Roma Strategy

The very recent situation of Roma people in some of the European Union’s Members States [e.g. Hungary and Romania] calls for a closer attention from the European Union on adopting a strategy for Roma integration. Recently, DG Employment’s Commissioner, Vladimir Spidla, condemned the hatred violence against Roma in some of the European Union Member States. In particular, he emphasized the basic scope of the European Union, which “is to overcome what characterized the history of this continent for centuries, including racial hatred, pogroms, (and) the burning down of settlements. Europe stands for the right of every man, woman and child to live a life free from discrimination".[25] He further, called for urgent intervention of the Members States in protecting the safety of the Roma people within their territory.

A recent article by two Roma activists, Valeriu Nicolae and Bernard Rorke, argues that the situation of Roma people is anywhere better. They pointed out last year’s situation, in the Czech Republic, where 500 policemen were needed to interfere when a “strong neo-fascist” mobilization wanted to attack a Roma ghetto in Litvinov.[26]

Moreover, the anti-Romany feeling is felt even at the high level members of the Parliament. For example, one of the leaders of Bulgaria's main opposition party referred to Roma, Turks, and others as “bad human material”.[27]

In this context, it is clear that Member States are unable to deal effectively with the Roma issue. Therefore, it can be concluded that European Union, as a supranational institution, is the only one that can take action in ensuring that Roma are treated as European citizens and that they enjoy freely equality of rights and a minimum life standard. The European Union can achieve these goals by adopting a Strategy on the Integration of Roma. However, the European Union’s policy is that Roma cannot benefit from a special policy because it would be discriminatory for other minorities in Europe.

But, having in mind the above considerations on the situation of Roma, in connection with the historical context as well as social current status as being the biggest minority in  Europe, the adoption of a particular policy for Roma would not be discriminatory for the other minorities of Europe. The hypothesis is also sustained by a study of the DG Employment and Social Affairs, which explains that if a Strategy is not adopted, the Roma will continue to suffer discrimination and extreme poverty, which will end in their social exclusion.[28]  Also, the need for the adoption of a EU Roma Strategy has been already called upon by the Network Experts in the Fundamental Rights of the EU Agency for Fundamental Rights.[29] However, the proposed strategy referred only to the legislation in order to ensure legal equality but failed to take into consideration other aspects of Roma life, which are primary to their survival.[30]

Therefore, in the next part of the study I will explain the advantages of adopting Strategy for Roma integration, but also how it can be constructed, especially, which would be the main framework of it.

The “pillars” of an EU Roma Strategy

Currently, the most pressing areas of concern for Roma people include: discrimination, lack of employment, lack of housing, lack of education, and discrimination in access to health.[31]

The European Parliament, various international organizations or even the European Commission has already called for Strategy of Roma integration. [32] Therefore, it has already been concluded that the Roma issue cannot anymore be left in the ‘hands’ of national authorities. Given the difficult situation of Roma people, there is a need for EU’s intervention in solving their problems. In the literature, the adoption of a EU Roma Strategy has already been written about.[33] The Staff Working Paper, adopted in June 2008 in a joint effort of DG Regional Policy and DG Employment and Social Affairs, speaks about how can the existing policies be used for the integration of Roma addressing in particular each problem of Roma and how can it be tackled by the Member States.[34] However, the Staff Working Paper leaves the Roma issue in the “hands” of national authorities, leaving a wide discrepancy to the Member States.

Even though the Staff Working Paper reflects the commitment of the European Union to tackle the Roma issue, it still lacks the involvement of Roma within the political framework and a better coordination from the European Commission.

In this context, the Roma issue could be very well addressed using the existing Community programs but in particular the “Cohesion policy 2007-2013” program.  The Cohesion policy program is aimed at reducing the “economic and social disparities” within the Member States of the European Union.[35] Within the program, each Member State is asked to produce a National Strategic Reference Framework [hereinafter NSRF], in which each Member State will define some priority areas, later confirmed by the European Commission, in particular DG Regional Policy.[36]

Having in mind that problems and needs are different from state to state, the Roma problem could be included separately within the NSRF. In this way each Member State will have the possibility to express the most pressing problems, which need immediate support creating at the same time a strategic framework to tackling these issues. After the European Commission receives all the strategic plans on how to tackle the Roma issue, an Experts Committee should be established with the aim of analyzing each plan and conclude if the problems identified by each member state can be achieved through the framework strategy presented. The Experts Committee should be composed of members of the European Commission with extensive experience in the policy areas of the problems already identified but also from internationally known Roma experts as well as international NGO’s working with Roma issues. In this sense, the members of the Decade of Roma Inclusion[37] network could be part of the Experts Committee. However, the participation of Roma within the Experts Committee must be ensured. After revising each strategy submitted by Member States, the Committee will conclude a common strategy plan for all Member States in tackling the Roma issue, which will then be implemented under the supervision of the European Commission. The Strategy will be based on a multilevel governance approach of European Integration theory.

The multi level governance approach is based on the view that the competencies within the implementation are divided and shared by different actors and not monopolized by the state itself. In this way, the European Institutions, such as European Commission, European Court of Justice, European Parliament, have an independent influence in the process of policy-making.[38]

The Strategy will take into consideration the adoption of positive measures for Roma integration in order to ensure equality of rights by national authorities but will also take into consideration, the economic and social situation of Roma.

Using multi-level governance approach, the actors involved [the European Commission, Member States and civil society] will have the possibility to participate in the policy-making process, contributing in an effective way to tackling Roma issue.

To sum up, the most important points to be taken into consideration when creating a Strategy for Roma Integration are:

Consensus and political will of the Member States to tackle the Roma issue; A more effective supervision mechanism by the European Commission; Participation of Roma experts during the whole period of the program.

Conclusion

Roma constitute the biggest minority in Europe, mostly spread in Central and Eastern Europe. They do not have their own country and that is why during their history they were persecuted, killed or made servants. As a result, nowadays, their life has been constructed on prejudices and negative stereotypes, resulting in social exclusion. Once Romania and Bulgaria joined the European Union, the Roma issue became even more sensitive.

Their integration problem has become therefore, a European problem. The inability of the Member States of the European Union to effectively deal with the Roma issue, calls for the EU’s intervention. At the moment, the EU is the only institution that has the power and available means to deal effectively with Roma problems. In this context, the adoption of a EU Roma Strategy is called for. Firstly, the entire Roma community would benefit from the advantages of creating a Roma Strategy on which, the Strategy will have a direct effect. Secondly, the adoption of such a Strategy will be in the interest of the civil society as well. They would benefit indirectly from the effects of it. Thirdly, the adoption of a Roma Strategy would be beneficial for the EU, by reducing some costs that the EU invests currently in poor regions, which actually are populated mostly by Roma. If a Roma Strategy is adopted, a further study is necessary in order to calculate the level of development of each Member State of the EU and how the Roma Strategy could be effectively adapted to the needs of the state.

BIBLIOGRAPHY:

Cahn Claude, Roma Rights: Racial Discrimination and ESC Rights, available at http://www.coe.int/t/dg3/romatravellers/documentation/discrimination/RomaESC_en.asp, 2005

Dolezelová Hanna, Anti Discrimination Law still in limbo, Research Institute for Labor and Social Affairs, (RILSA), European Industrial Relations Observatory on-line, available http://www.eurofound.europa.eu/eiro/2008/06/articles/cz0806029i.htm, 2008

European Commission, DG Employment and Social Affairs, The Situation of Roma in an Enlarged European Union, Luxembourg for official publications of the European Communities, 2005
European Roma Information Office, Equality Mainstreaming: analysis of National Action Plans on Social Inclusion with regard to Roma”, available at http://erionet.org/site/upload/surveys/NAPs%20final%20report.pdf, 2008
European Roma Policy Coalition, Discrimination Against Roma in Europe, available at http://www.soros.org/initiatives/roma/news/erpc_20080306/factsheet_20080306.pdf, 2008
European Commission, Staff Working Paper, available, at: http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=375&furtherNews=yes, 2008
Hollo Lanna, Equality for Roma in Europe, A roadmap for action, Open Society Institute, 2005
Henrad Kristin, The European Convention on Human Rights and the Protection of the Roma as a Controversial Case of Cultural Diversity, European Diversity and Autonomy Papers EDAP no.5, at www.eurac.edu/edap, 2004
Kostadinova Galina, “Substantive equality, positive action and Roma Rights in the European Union”, available at http://www.minorityrights.org/907/briefing-papers/substantive-equality-positive-action-and-roma-rights-in-the-european-union.html, Minority Group Rights, 2006

10.  Marks Gary, Liesbet Hooghe, State-Centric v. Multi-level Governance, Journal of Common Market Studies, vol.34, no.3, p. 346, 1996

11.  Pavlou Miltos, The Race Equality Directive: Compliance and State of Play, available at: www.hlhr.gr/hlhr-kemo/docs/FRA-Pavlou_Zagreb_11.06.2007.ppt, Hellenic League on Human Rights, 2007, last access 02 March, 2009

12.  Nicolae Valeriu, Response to “Pressure build for a EU Roma Strategy”, 2008, Oxford Analytica, available: http://www.romadecade.org/index.php?content=310, last visited 02 March 2009

13.  Oxoford Analytica, On “Europeanization” of Roma Policy (2008), available: http://www.romadecade.org/index.php?content=310, last visited 02 March, 2009

14.  Interview with Mr Olivier De Schutter, the coordinator of the EU Network on Experts in Fundamental Rights, on the need for a EU Roma Directive, available at http://www.errc.org/cikk.php?cikk=2163, last access 24 March 2009

[1] Kristin Henrad, The European Convention on Human Rights and the Protection of the Roma as a Controversial Case of Cultural Diversity, European Diversity and Autonomy Papers EDAP no.5, at www.eurac.edu/edap, 2004

[2] Galina Kostadinova, “Substantive equality, positive action and Roma Rights in the European Union”, available at http://www.minorityrights.org/907/briefing-papers/substantive-equality-positive-action-and-roma-rights-in-the-european-union.html, Minority Group Rights, 2006

[3] Claude Cahn, Roma Rights: Racial Discrimination and ESC Rights, available at http://www.coe.int/t/dg3/romatravellers/documentation/discrimination/RomaESC_en.asp, 2005

[4] The article is available at: http://www.erionet.org/site/basic100132.html, last access 24 March 2009

[5] The article is available at:  http://smetanka.blogspot.com/2009/02/hungary-roma-and-killing-of-marian.html, last access 24 March 2009

[6] European Roma Policy Coalition, Discrimination Against Roma in Europe, available at http://www.soros.org/initiatives/roma/news/erpc_20080306/factsheet_20080306.pdf, 2008

[7]European Commission, DG Employment and Social Affairs, The Situation of Roma in an Enlarged European Union, Luxembourg for official publications of the European Communities, 2005

[8] Ibid, p. 9-10

[9] Ibid, p.10

[10] European Commission, The Race Equality Directive (RED), 2000, available at: http://ec.europa.eu/employment_social/fundamental_rights/roma/rpub_en.htm#leg, last access 02 March 2009

[11] Idem,

[12] Hanna Dolezelová, Anti Discrimination Law still in limbo, Research Institute for Labor and Social Affairs, (RILSA), European Industrial Relations Observatory on-line, available http://www.eurofound.europa.eu/eiro/2008/06/articles/cz0806029i.htm, 2008

[13] Miltos Pavlou, The Race Equality Directive: Compliance and State of Play, available at: www.hlhr.gr/hlhr-kemo/docs/FRA-Pavlou_Zagreb_11.06.2007.ppt, Hellenic League on Human Rights, 2007, last access 02 March, 2009

[14]European Commission, DG Employment and Social Affairs, The Situation of Roma in an Enlarged European Union, Luxembourg for official publications of the European Communities, p.9, 2005

[15] Galina Kostadinova, “Substantive equality, positive action and Roma Rights in the European Union”, available http://www.minorityrights.org/907/briefing-papers/substantive-equality-positive-action-and-roma-rights-in-the-european-union.html, Minority Group Rights,2006

[16] European Commission, DG Employment and Social Affairs, The Situation of Roma in an Enlarged European Union, Luxembourg for official publications of the European Communities, p. 12-13, 2005

[17] European Roma Information Office, Equality Mainstreaming: analysis of National Action Plans on Social Inclusion with regard to Roma”, available at http://erionet.org/site/upload/surveys/NAPs%20final%20report.pdf, 2008

[18] Open Method of Coordination, http://europa.eu/scadplus/glossary/open_method_coordination_en.htm

[19] European Council’s Conclusions, December 2007, available at: http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/ec/97669.pdf

[20] Idem

[21] European Commission, Staff Working Paper, 2008, available, at: http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=375&furtherNews=yes,

[22] EU Roma Policy Coalition, description available at http://roma.wieni.be/who, last access 24 March 2009

[23] Valeriu Nicolae, Response to “Pressure build for a EU Roma Strategy”, 2008, Oxford Analytica, available: http://www.romadecade.org/index.php?content=310, last visited 02 March 2009

[24] Oxoford Analytica, On “Europeanization” of Roma Policy (2008), available: http://www.romadecade.org/index.php?content=310, last visited 02 March, 2009

[25] For the full speech, please visit http://news.xinhuanet.com/english/2009-02/26/content_10904815.htm, last access 24 March 

[26] The article is available at: article/2009/ 03/hard-times, -hardening- attitudes/ 64311.aspx, last access 24 March 2009

[27] Idem, last access 24 March 2009

[28]European Commission, DG Employment and Social Affairs, The Situation of Roma in an Enlarged European Union, Luxembourg for official publications of the European Communities, p.42, 2005

[29] Idem, p.44

[30] Interview with Mr Olivier De Schutter, the coordinator of the EU Network on Experts in Fundamental Rights, on the need for a EU Roma Directive, available at http://www.errc.org/cikk.php?cikk=2163, last access 24 March 2009

[31] European Commission, DG Employment and Social Affairs, The Situation of Roma in an Enlarged European Union, Luxembourg for official publications of the European Communities, 2005

[32] Information can be found at http://roma.wieni.be/eu-roma-strategy last access 26 March, 2009

[33] Lanna Hollo, Equality for Roma in Europe, A road-map for action, Open Society Institute, 2005

[34] European Commission, Staff Working Paper, 2008, available, at: http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=375&furtherNews=yes,

[35]For more details please visit http://ec.europa.eu/regional_policy/policy/history/index5_en.htm, last access 26 March, 2009

[36]The policy stages description can be found at: http://ec.europa.eu/regional_policy/policy/etap/index_en.htm, last access 26 March, 2009

[37] Decade of Roma Inclusion represents an international initiative aimed at improving the current situation of Roma in Central and Eastern Europe. More information is available at http://www.romadecade.org/index.php?content=1, last access 26 March, 2009

[38] Gary Marks, Liesbet Hooghe, State-Centric v. Multi-level Governance, Journal of Common Market Studies, vol.34, no.3, p. 346, 1996

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