A „typical image“ of Southeast Europe or “the Western Balkans” and its population and problems in literary terms was pictured by the author Karl May.
Even today, the word „Balkan“ as a collective term for Albania and the successor states to Yugoslavia (with the exception of Slovenia) holds the potential for conflict.
Only by showing the linguistic problem, we see, there is a high potential of geographical, juridical, political, social and communication problems in the context of this region.
On approaching the multiethnic structure of Southeast Europe and its willingness for accession – including integration measures – to the EU and considering the potential for conflict regarding the political and geographical classification, it becomes more than obvious that the current state of affairs is multi-layered and difficult.
Table of Contents
I. Introduction
II. Roma – a national minority in Europe
III. The European position on the situation of Roma with regard to the EU accession process
IV. Minority protection of Roma in Croatia
1. Citizenship
2. Constitution
3. Language & Education
4. Access tot the labour market
V. Prospect
I. Introduction
A „typical image“ of Southeast Europe or “the Western Balkans” and its population and problems in literary terms was pictured by the author Karl May.1
Even today, the word „Balkan“ as a collective term for Albania and the successor states to Yugoslavia (with the exception of Slovenia) holds the potential for conflict.
But even in Karl May’s time, criticism was expressed with regard to this term. By using the technical term “the Balkans”, he pays “less attention to the population of the Balkans and its national struggle for liberation” and is misinformed “about the nature and development of the national struggle of the Balkans population”.2 In Central and Western Europe, even nowadays, the term „Balkan“ is associated with political crises, corruption or economic poverty and little education.
Therefore on the occasion of an EU summit in December 1998, the neutral term „the Western Balkans“ was supposed to designate the „Southeast European States“, which represent the next strategic goal for the enlargement of the EU, following the accession of Romania and Bulgaria.
From the other (historic) point of view, the term “Southeast Europe” can be considered as one bearing less negative connotations than the term “the Balkans” and thus the states Albania, Bosnia and Herzegovina, Kosovo, Croatia, Macedonia, Montenegro and Serbia (alongside other states) are ranked among Southeast Europe.
Only by showing the linguistic problem, we see, there is a high potential of geographical, juridical, political, social and communication problems in the context of this region.
On approaching the multiethnic structure of Southeast Europe and its willingness for accession – including integration measures – to the EU and considering the potential for conflict regarding the political and geographical classification, it becomes more than obvious that the current state of affairs is multi-layered and difficult.
II. Roma – a national minority in Europe
One of the most discussed problems in the context of minorities in Europe is the situation of the so called „Roma“. With 6.2 million people in the EU and around 11 million people in Europe, the Roma represent the largest national minority.3
The willingness of the EU, to make an outstanding contribution towards the improvement of the situation of Roma people in the Southeast European countries by using various measures, is significantly different from the actual situation.4
In addition, estimates suggest that more than 15 million Roma are live in different countries in Europe, America and Western Asia.5
Ca. 70% of the 11 million European Roma are living in Central and Eastern Europe or in the Balkans.6
The highest number of Roma – 1.950.000 – are residents in Romania, followed by Bulgaria with approximately 750.000 and Spain with about 700.000 Roma.7
The three largest countries Romania, Bulgaria and Serbia are probably home to more than three million Roma.8 The significant number of European Roma clearly shows that the majority of the Roma people normally are not to be considered as nomads, but as resident population.
To analyze the protection of Roma community, first of all it is important to distinguish what is a protected “community” and if, how it is distinguished by other categories such as national minorities or ethnic minorities.
It has been mentioned that “ethnic minority” differs from national minorities, but it should be suggested that a definition is given about it as well.
First of all, it is necessary to distinguish conceptually between the terms “ethnic group” or “ethnic minority” and the legal term of “national minority”. The latter is associated with the guarantee of certain rights, as for example access to education or language courses. It is irrelevant whether this group belongs ethnically to the national population of another state (for example Hungarians in Romania, German minorities in Eastern Europe, such as for example Danube Swabians), or whether they live as a minority in several states such as the Roma in large parts of Europe, or whether they are residents in only one country as a closed ethnic group (such as for example the Kashubs in Poland).
The term “national minority” is used as a generic term for religious, linguistic, ethic and cultural minorities in official documents of the Council of Europe,9 as well as the OSCE.10
So far however, there is no definition of this term which is accepted by all the organizations. There is only an attempt of the Parliamentary assembly of the Council of Europe from the year 1993 that was supposed to define that term.
The definition attempt should be involved in a „design for an additional protocol to the EMRK concerning the protection of national minorities“.
According to this attempt the definition of a „national minority” is a group of persons who:
- are resident in the national territory of a state whose citizens they are,
- maintain longstanding, firm and lasting ties with that state,
- show distinctive ethnic, cultural, religious or linguistic characteristics,
- are sufficiently representative, although smaller in number than the rest of the population of that state or a region of it,
- are motivated by a concern to preserve together that which constitutes their common identity, including their culture, their traditions, their religion or their language . “11
Nevertheless, this attempt was not moved. However, even the „Framework Convention for the Protection of National Minorities“ of 1995 does not contain a definition of that term.12 Thus, it is up to each country to specify this definition.
In the case of the national minority of Sinti and Roma it needs to be very sensitive and informed by filling the definition. It is very important to understand how the difference in the group of the Sinti and Roma and of course the difference to other national minorities works. The self-understanding of the Sinti and Roma as a minority derives not only from their historically grown lifestyle and political persecution in the 2nd World war, which in turn is related to other national minorities as well.
Rather, the growing awareness of a "structured into numerous minority groups"13 awakened. Because of this there is no self-contained culture of the Roma, but a diversity of Roma cultures. The different groups are affected by the variety of cultures they live, societies in which they are located and theire course of migration.14 This view is associated with an increased emphasis on the individual groups with their own names.
Important categories of self-definition of group membership, the determination of other groups and the self-designation are (historical) practitioners (Kalderash, Lovara), the language (e.g. Turkish in South East Europe), religious affiliation (e.g. Muslim in a Christian environment: Xoraxane) or geographical origin attributions (Egyptians, Gypsies Extraixaria [= Austrian Sinti ]).
Common is the use of the Romani language, a language which is derived from the Sanskrit. Dialectically, however, the language spoken by the Sinti Romani differs significantly from the novel, which speaks the Roma. Unlike the other minorities, the Sinti and Roma in Europe do not live in a particular geographical area, but spread throughout Europe.
However, priorities of the Roma are the metropolitan areas of the old federal states.
The self-understanding and the identified properties of the Roma show how, important their recognition as a national minority in Europe is.
Particularly the related rights would enable the Roma be in the position to enforce them in the Southeast European countries.
The acceptance of Roma as a national minority in all South East European Countries would give the participating states15 the opportunity to strengthen their efforts in promoting tolerance and combating prejudices against Roma and Sinti, in order to prevent their social exclusion and marginalization.
III. The European position on the situation of Roma with regard to the EU accession process
Despite Hungary’s Council Presidency and the „Roma Integration Strategies of the European Commission up to 2020“, as well as the associated relevant specialist conferences, the current headlines, for example from Hungary16 or Italy are a cause of concern. Vigilante groups, willing to resort to violence, prey upon Roma and fuel the discrimination against Roma significantly. In 2008, Italy even boasted of having a database for Roma. These and other open discriminations against the Roma distinctly caricature the problem of Antiziganism17 under a European roof. The racism in some EU Member States also becomes clearly evident in times of the financial crisis. Especially the SEE-Countries have to deal with social hardships and their own economic difficulties.
In Germany also, fuelled fears are having an impact. A recent long-term study from 2012 shows that 40% of the interviewed Germans considered it to be problematic when Sinti and Roma resided in their neighborhood.18 More than a quarter of those study participants took the view that Sinti and Roma should “be banished from the city centres”.
Europe including its institutions is not just recently concerned with the integration of the Roma people. Since the 1980s the OSCE and the Council of Europe focus on the problematic situation of the Roma. With regard to the rest of the EU area, primarily the announcements of the EU institutions have attracted attention to the issue.19
The great expectations of the Roma and their representatives are currently focused on the EU Commission’s communication on a “EU framework for national Roma Integration Strategies up to 2020“.20 It can be seen as “the” document regarding the Roma in Europe. Nevertheless, optimism remains subdued as expectations which were supposed to be a result of the EU eastward expansion of 2004 and 2007, were not met. Rather in contrast, especially the social situation for the Roma has worsened after the fall of the Iron Curtain.21
During the accession negotiations of the candidate countries for EU membership, the minority rights of the Roma were often only integrated in the respective legal system of the country as a matter of form.
Although the “Copenhagen criteria” 22 already determine the scale for joining the European Union, the candidate countries now have to declare in a binding manner how they deal with xenophobia and – in this context – also Antiziganism.23
With regard to the progress reports of the EU candidates and the implementation of the criteria, special attention will be paid to the fundamental freedom, which needs to be “confirmed” over a longer period of time. An example like this can be viewed in context of Croatia whose accession took 10 years. Here the Copenhagen criteria do not just represent a loose task. In the meantime it is supported by historical evidence, how seriously the European Union is about the accession process. Examples in this respect are the attacks on Roma in Slovakia 1994 which resulted in a freezing of accession negotiations for that country for a short time.24 In 1999 a wall was built in Usti nad Labem/Czech Republic, which ghettoized the Roma. Thus, the EU was involved again.25 Only after weeks of negotiations the Czech government leaders succeeded to motivate the involved local politicians toward a relieving solution. The wall was finally dismantled and consigned to a museum. In contrast, the racism and attitudes of antiziganism were only gradually curbed.
The result of awareness-building efforts culminated in 1995 in a decision to refrain from the term („Zigeuner“, Gypsies“, etc.) which were used until then (parallely). Since then, the generic term „Roma“ for all – but nevertheless also highly heterogeneous groups – has become widely accepted. This was both a pragmatic and political decision. While the Central and South/East European candidate countries demanded the integration and improvement of the living conditions of their Roma, an old western EU country was only rarely presented as role model for a successful Roma integration. In fact, France, Belgium and Greece have neither signed the relevant conventions of the Council of Europe nor ratified them.26 In nearly all the European countries and until recent times it is not an issue of concern to attract particular attention to a Roma friendly policy As an international organization operating across the borders of Europe, the OSCE adopted a first large international document concerning the Roma, called „Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area“.27 Apart from that, the European Council28 and the OSCE each fill both committees for Roma issues.
Moreover, several EU institutions29 strive constantly to actively involve qualified Roma in their activities. In 2004 the “European Roma and Travellers Forum”, an advisory body for the Council of Europe and the EU, was established to the Council of Europe in Strasbourg.
Within the EU committees, the Roma no longer go unnoticed.
In 2004 two Hungarian parties have each sent a female Roma representative to Brussels.30
It remains to be seen, whether Roma will get their own forum within the European Commission despite the frameworks. To this day, the EU equal treatment Directive is therefore the only legal basis for minority rights within the EU.31
A final extensive look at the situation of the Roma throughout Europe shows, that there are fundamental commonalities in selected fields.
First and foremost, there is the economic exclusion.32 The difficult economic development increasingly deprives the Roma of opportunities to work and earn money. Their access to the local labor market is often impeded due to the lack of school education33 and vocational training.
[...]
1 Claus Roxin, „Bemerkungen zu Karl May´s Orientroman“, Karl May Gesellschaft, accessed 19/9/2013, http://www.karl-may-gesellschaft.de/kmg/seklit/kms/kms01/83.htm; Wesselin Radkov, „Politisches Engagement und soziale Problematik in den Balkanländern Karl May‘s,“MKMG- Mitteilungen der Karl-May-Gesellschaft 22 (1974): 3-8; Malte Ristau, „Verbrecher oder Sozialbanditen?“MKMG 28 (1976): 10-1.
2 Radkov, „Politisches Engagement und soziale Problematik in den Balkanländern Karl May´s,“ 7 f.
3 Council of Europe, Committee of Experts on Roma and Travellers (MG-S-ROM), accessed 10/10/2013, http://www.coe.int/t/dg3/romatravellers/mgsrom_en.asp.
4 Marlies Sewering-Wollanek, „Die Roma in Ostmittel- und Südosteuropa,“ in Volksgruppen in Ostmittel- und Südosteuropa, eds. Georg Brunner and Hans Lemberg (Baden-Baden: Nomos, 1994), 253-263.
5 Erich Rathfelder, „Zensus in Bosnien und Herzegowina,“Taz, 6/10/2013, accessed 9/10/2013, http://www.taz.de/Zensus-in-Bosnien-und-Herzegowina/!125002/.
6 Statista, Geschätzte Anzahl der Roma in europäischen Ländern, last modified 2013, accessed 5/12/2013, http://de.statista.com/statistik/daten/studie/164659/umfrage/roma-in-europa/.
7 Statista, Geschätzte Anzahl der Roma in europäischen Ländern.
8 Cf. Georg Grienig, „Roma in Europe,“ in Online-Handbuch Demografie (Berlin: Berlin-Institut für Bevölkerung und Entwicklung), accessed 13/10/2013, http://www.berlin-institut.org/online handbuchdemografie/bevoelkerungsdynamik/regionale-dynamik/roma-in-europa.html.
9 Cf. Europäische Kommission, „Soziale und wirtschaftliche Integration der Roma in Europa,“ KOM/2010/133 endg.
10 Organisation for Security and Cooperation in Europe (OSCE) and there precisely the Office for Democratic Institutions and Human Rights (ODHIR), ”Implementation of the action Plan Improving the Situation of Roma and Sinti within the OSCE Area – Status report 2013,” accessed 5/12/2013, http://www.osce.org/odihr/107406.
11 “Definition `national minority´,” last modified 28/3/2012, accessed 5/12/2013, http://www.humanrights.ch/de/Themendossiers/Minderheitenrechte/Konzeptuelles/Definitionen/idart_2331-content.html.
12 Council of Europe, “Framework Convention for the Protection of National Minorities,“ accessed 5/12/2013, http://conventions.coe.int/Treaty/en/Treaties/Html/157.htm.
13 Helmut Samer, „Emanzipationsbestrebungen auf internationaler Ebene,” ROMBASE 2001, accessed 5/12/2013, http://ling.kfunigraz.ac.at/~rombase/cgi-bin/art.cgi?src=data/hist/current/self-inter.de.xml (Roma-project at the University of Graz).
14 Max Matter, „Zur Lage der Roma im östlichen Europa,“ in Die Situation der Roma und Sinti nach der EU-Osterweiterung, ed. Max Matter (Göttingen: V&R unipress, 2005), 14f.
15 Council of Europe, “Framework Convention for the Protection of National Minorities,“ accessed 5/12/2013, http://conventions.coe.int/Treaty/en/Treaties/Html/157.htm.
16 Judit Geller, „Wir hoffen, dass die Situation nicht eskaliert,“ Jungle-world Nr. 31, 4/8/2011, accessed 5/12/2013, http://jungle-world.com/artikel/2011/31/43730.html.
17 “The European Parliament approves the Resolution to protect Roma rights,” Everyone – Group for international cooperation on Human Rights cultures, 12/7/2008, accessed 5/12/013, http://www.everyonegroup.com/EveryOne/MainPage/Entries/2008/7/12_The_European_Parliament_approves_the_Resolution_to_protect_Roma_rights.html.
18 Stiftung Erinnerung-Verantwortung-Zukunft, “Study to the current educational situation of German Sinti and Roma,“ last modified 12/3/2012, accessed 5/12/2013, http://www.stiftung-evz.de/handlungsfelder/handeln-fuer-menschenrechte/sinti-und-roma/studie-zur-aktuellen-bildungssituation.html.
19 Cf. Vera Klopcic, The Legal Status of the Roma in Eastern and Central Europe, in: Der Donauraum, Roma in Mittel- und Osteuropa, 40. Jg., 1-2/2001, 71-83.
20 Stella Burch Elias, “Regional Minorities, Immigrants, and Migrants: The Reframing of Minority Language Rights in Europe,” Berkeley J. Int'l Law 28 (2010):261
21 The World Bank, Roma in an expanding Europe, last modified 2005, http://siteresources.worldbank.org/EXTROMA/Resources/roma_in_expanding_europe.pdf.
22 European Parliament, Glossary: Accession Criteria, last modified 2013, accessed 5/12/2013, http://europa.eu/legislation_summaries/glossary/accession_criteria_copenhague_en.htm.
23 Federal Government BRD, Europa-Lexikon: Kopenhagener Kriterien, accessed 5/12/2013, http://www.bundesregierung.de/Content/DE/Lexikon/EUGlossar/K/2005-11-22-kopenhagener-kriterien.html.
24 Erika Thurner, Eine Zeitbombe tickt – EU-Osterweiterung zur Entschärfung des europäischen Roma-Problems, in: Der Donauraum, p. 88.
25 Cf. ”International Helsinki Federation for Human Rights,“annual report of activities 1993/94, 45ff.; Joana Radzyner, „Vor den Toren Europas – Die „Visegrad“-Staaten und die Menschenrechte,“Zeitgeschichte 25 (1998): 104ff.
26 European Charter for Regional or Minority Languages, CETS No. 148, accessed 5/12/2013, http://conventions.coe.int/treaty/Commun/QueVoulezVous.asp?NT=148&CM=1&CL=ENG.
27 OSCE, Action Plan on Improving the Situation of Roma and Sinti – MC.DEC/3/03, accessed 5/12/2013, http://www.osce.org/odihr/17554.
28 Committee of Experts on Roma and Travellers (MG-S-ROM), accessed 5/12/2013, http://www.coe.int/t/dg3/romatravellers/mgsrom_en.asp.
29 „European Union Agency for Fundamental Rights (FRA), “Housing conditions of Roma and Travellers in the EU, Comparative Report, October 2009,“ accessed 5/12/2013, http://fra.europa.eu/en/publication/2011/housing-conditions-roma-and-travellers-european-union-comparative-report.
30 The two Ladies named Livía Jaróka and Viktória Mohácsi. For more information: European Agency for Fundamental Rights (FRA), „The situation of Roma in 11 EU Member States - Survey results at a glance," last modified May 2012, accessed 5/12/2013, http://fra.europa.eu/en/publication/2012/situation-roma-11-eu-member-states-survey-results-glance.
31 “EU and Roma,” European Commission, last modified 11/5/2013, accessed 5/12/2013, http://ec.europa.eu/justice/discrimination/roma/index_en.htm.
32 Andreas Hundsalz and Harald P. Schaaf, Soziale Situation der Sinti in der Bundesrepublik Deutschland: Endbericht. Lebensverhältnisse Deutscher Sinti unter besonderer Berücksichtigung der eigenen Aussagen und Meinungen der Betroffenen (Stuttgart: Kohlhammer 1982), 1 ff.
33 Cf. Report of the Federal Republic of Germany to the European Commission EU Framework for National Roma Integration Strategies up to 2020, Integrated packages of measures for integration and participation of Roma and Sinti in Germany, last modified 2011, accessed 6/12/2013, http://ec.europa.eu/justice/discrimination/files/roma_germany_strategy_de.pdf.