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Slovak Context on Roma issue related to the Council of Europe

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  1. Slovak Context on Romaissuerelated to theCouncilofEurope Ján Hero, Member of CAHROM Committee by CoE Director of Private Secondary School of Zefyrin Jiménez Malla in Kremnica Slovakia EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  2. Introduction Council of Europe Slovak Context on Romaissue • 1949 – CreationofCoE • Mission • - to protect human rights, pluralist democracy and the rule of law;   • to promote awareness and encourage the development of Europe's cultural identity and diversity; • to find common solutions to the challenges facing European society; • to consolidate democratic stability in Europe by backing political, legislative and constitutional reform • 1993 - Slovakia • Indipendent State • State of many nationalities – Slovak(86,9%), Hungarien (9,7%), Roma (1,7%-/8%/), Czech(0,8%), Rusinien(0,4%), Ukrainien(0,2%), German(0,1%), Croation(<0,1%), Serbian(<0,1%) - 2001 EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  3. Legalstartingpoints to Romaissue Council of Europe Slovak Context on Romaissue • TheCouncilofEurope'smainobjectiveis to encourageitsmemberstotake a comprehensiveapproach to Romaissues. • Thisinvolvesthreemainpriorities - protectingminorities, combatingracism, anti-gypsyism and intoleranceandpreventingsocialexclusion. • Oneofthefundamentalprinciplesguidingthisapproachisparticipationofthecommunitiesconcerned, throughRoma and Travellersrepresentativesandassociations • TheGovernmentofthe Slovak Republic in itsresolution No. 153 of 1991 declaredtherecognitionoftheRomaas a minority, guaranteedthem a versatilecultural and ethnicdevelopment • TheRomanilanguageisexplicitlymentionedamongtheregional and minority languages, which SR recognisesforthepurposesoftheapplicationoftheEuropeanCharterofregional or minority languages. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  4. Legalstartingpoints to Romaissue Council of Europe Slovak Context on Romaissue • Fromthe point ofviewofcreating a pan-EuropeanpolicyaimedatimprovingthesituationoftheRoma PA isconsideredcrucial to clarify, align and strengthentheworkoftheCouncilofEurope, theEuropeanUnion and theOrganizationforsecurityandcooperation in Europe. • generalconditionsforimprovingthesituationofRoma: • resolvethelegal status oftheRomaasanethnic or nationalgroupmembers, in particular, • to drawup and implementspecificprogrammesaimedatimprovingtheintegrationoftheRomapeopleasindividualsand minority groups in society and to guaranteetheRomacommunitiesastheirparticipation in decision-makingatlocal, regional, national and Europeanlevel, • guaranteetheequaltreatmentoftheRoma minority aswithethnicminority or naional minority group in thefieldofeducation , employment, housing, healthcare and publicservices, • develop and implementaffirmativeaction or preferentialtreatmentofRoma and withthesocialexcludedanddisadvantagedgroups in theareasofeducation, employment and housing, • to takespecificmeasures and create a specialinstitutionfortheprotectionoftheRomalanguage, culture, traditions and identity, thefightagainstracism, xenophobia, intolerance and to guaranteenon-discriminatorytreatmentofRomaatlocal, regional, national and internationallevel. • Legislative adjustment of the position of the Roma • Thelegislativebasisgoverningthe status ofnationalminorities and ethnicgroups in Slovakia, in particular, theConstitutionofthe Slovak Republicconsistsof 1992 and theconstitutionallawof 23 February 2001 amendingtheConstitutionofthe SR No. 460/1992 in whichisexpressedthenon-conventionalhierarchyoflegalstandards . In the art. 154c in thiscontextwritesthatinternationaltreaties on humanrights and fundamentalfreedoms, which has SR ratified and promulgated in themannerlaiddown by law, havebeen part ofitslegalorder and haveprecedence over itslawsiftheyprovide a widerrangeofrights and freedoms. • SR has ratified most of the relevant international documents on human rights and freedoms, including the rights of national minorities and ethnic groups. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  5. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (to 1992) Council of Europe Slovakia • Textsadopted by theCommitteeofMinisters (CM): • Recommendation No. R(83)1 oftheCommitteeofMinisters on statelessnomads and nomadsofundeterminednationality • Resolution (75)13 oftheCommitteeofMInisters on thesocialsituationofnomads in Europe • Textsadopted by theParliamentaryAssembly (PA) oftheCoE: • Recommendation 563 (1969) oftheConsultativeAssembly on thesituationofGypsies and othertravellers in Europe • Slovak Context on Romaissuestronglyinfluenced by communistregimeas part ofCzechoslovakia to 1989 • Romaassociallygroup • Slovak Context on Romaissueas part ofCzechoslovakiaafterVelvetRevolution (1990-1992) • Status ofnational minority (1991) • Opening new positionsofofficerforRoma minority on MinistryofEducationanonMinistryofCulture • Preparatoryclasses in PrimarySchools • theColloquyorganised by theCommittee on Culture, Education and theMediaand CLRAE ofCoE in the Slovak townof Liptovsky Mikulásfrom 15 to 17 October 1992 ; EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  6. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (to 1992) Council of Europe Slovakia • Texts adopted by the Congress of Local and Regional Authorities(CLRAE): • Resolution 125 (1981) of the CLRAE on the role and responsibility of local and regional authorities in regard to the cultural and social problems of populations of nomadic origin • Thetopicsaddressedincludededucation, vocationaltraining and thepromotionofRomaculture. • Emphasiswasplaced on theneed to provideinformation: • aboutthesituationofRomacommunities in order to do awaywithstereotypes; • abouttheEuropeanprogrammes set up and how to obtainaccesstothem. • Flexibility wascalledfor, giventhediversityofsituations. Thismeantencouraging: • micro-projects, whichwereappropriate in thiscontext; • •networkingofexistingbodies. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  7. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (1993-1998) Council of Europe Slovakia • Textsadopted by the PA oftheCoE: • Recommendation 1203 (1993) oftheParliamentaryAssembly on Gypsies en Europe • Textsadopted by theCLRAEoftheCoE: • Resolution 249 (1993) ofthe CLRAE on Gypsies in Europe: the role and responsibilityoflocalandregionalauthorities • Recommendation 11 (1995) ofthe CLRAE on “Towards a TolerantEurope: thecontributionoftheRroma (Gypsies) • Resolution 16 (1995) ofthe CLRAE on «Towards a TolerantEurope: thecontributionoftheRoma (Gypsies)” • Resolution 44 (1997) ofthe CLRAE on “Towards a TolerantEurope: thecontributionofRoma” • 1993-1998 – Aftertheformationof a separate Slovak Republic in 1993, theGovernment, whosepolicygot to thepower, washeld in thenacionalisticspirit. • Untilitschange in 1998 cannotbespeakabout a satisfactorypolicyofthe State to Roma in Slovakia. • Thefracture in theapproachofthe Slovak Republic to theRomaissueoccurred in 1998, whenitbeganthedemocratictransformationof Slovakia. • Democratisationwasnotpossiblewithoutthecopingwiththeproblemsofminorities in Slovakia. In particular, thesituationoftheRoma minority wasacute. • Shortcomings in theareaofprotectionofhuman and minority rights, i.etherightsoftheRoma, werethecauseofthefailure to fulfiltheCopenhagencriteriaforaccessiontotheEuropeanUnion in Slovakia too. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  8. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (1993-1998) Council of Europe Slovakia • Textsadopted by the ECRI • ECRI GeneralPolicyRecommendation N°3 on combatingracism and intoleranceagainstRoma/Gypsies(1998) • In 1995 CoE has cretaedtheCommitteeofExperts on Roma and Travellers (MG-S-ROM) , • whichasbeentaskedwithadvisingmemberstates and encouraginginternationalauthorities to takeactionwhereneeded. • Its role complementsthatoftheSecretaryGeneral'sCo-ordinatorofActivitiesconcerningRoma, responsibleforpromotingco-operationwithotherrelevantinternationalorganisations and developingworkingrelationswithRomaandTravellersissuesorganisations • The Constitution of the SLOVAK REPUBLIC from 1992, while guaranteeing national minorities and ethnic groups of the equality, rights and freedoms and for the Roma people in Slovakia should also apply to international human-rights standards, however, in the period 1992-1998 has been in power the Government, whose policy is suffering from serious deficiencies in the area of protection of human and minority rights in General. • The human right activity were supported by NGOs and from international institutions • the title Roma, Gypsies and Travellers. Written by Jean-Pierre Liégeois, Director of the Gypsy Research Centre (Université René Descartes – Paris), this book is a response to Resolution 125 adopted by the Conference of Local and Regional Authorities of Europe – translation to SK supported by CoE • The first contact to MG-S-ROM has started to develop Ms. Klára Orgovánová as representative of NGO. (since 2000 transferred to permanent membership by Ján Hero) EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  9. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (1999-2002) Council of Europe Slovakia • Textsadopted by theCommitteeofMinisters (CM): • Recommendation No. R(2000) 4 oftheCommitteeofMinisters on theeducationofRoma/Gypsy children in Europe • RecommendationRec(2001)17 oftheCommitteeofMinisters on improvingtheeconomic and employmentsituationofRoma/Gypsies and Travellers • In 1999(end of 1998) was seting up the Plenipotentiary Office of the Slovak Government to address the problems of the Roma minority, since 2001 Plenipotentiary Office of the Slovak Government for Roma community • In 1999 was adopted a Strategy of SR to solve the problems of the Roma national minority and the set of measures for its implementation – I-stage. • In 1999 was adopted a Elaborated strategy of SR to solve the problems of the Roma national minority and the set of measures for its implementation – II-stage. (M.Šimečka -the best elaborated after 1989 befor the last from 2011 EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  10. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (1999-2002) Council of Europe Slovakia • Texts adopted by the PA of the CoE: • Recommendation 1557 (2002) of the Parliamentary Assembly on the legal situation of Roma in Europe • In May 2000, the Government adopted an action plan to prevent all forms of discrimination, and SR racism, xenophobia, anti-Semitism and other expressions of intolerance for the period 2000-2001. • In 2001, Slovakia has ratified the "European Charter for regional and minority languages," also for the Romani language • The first document with complex steps aimed at improving the situation of the Roma minority in Slovakia have become The Priorities of the Government of the Sr in relation to Roma communityfor the year 2002. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  11. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (1999-2002) Council of Europe Slovakia • Texts adopted by the PA of the CoE: • Recommendation 1557 (2002) of the Parliamentary Assembly on the legal situation of Roma in Europe • A major part of the Priorities wasthe Comprehensive development programme for Roma settlements and the Programme of social field workers • Has started development of Program of Roma school assistants • on the employment of the Roma-positive impact of policies had the starting of the public utility works in 2000 EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  12. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (1999-2002) Council of Europe Slovakia • The Government of the Slovak Republic in the period 1998 to 2002 established the appropriate institutions dealing with Roma question: • Deputy Prime Minister for human rights, minorities and regional development. • Section of the human rights and minorities, which coordinates the implementation of the action plan for the prevention of all forms of discrimination, racism, xenophobia, anti-Semitism and other expressions of intolerance for the preparation, implementation and EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  13. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (1999-2002) Council of Europe Slovakia • Government Council for national minorities and ethnic groups, the new advisory, initiative and coordinating body of the Slovak Government for State minoritypolicy • Advisory Board of the Plenitontentiary Office of Slovak Government for Roma communities.A huge benefit is the fact that the choir is composed of members of the Roma community. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  14. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2003-2006) Council of Europe Slovakia • Textsadopted by theCommitteeofMinisters (CM): • RecommendationRec(2004)14 oftheCommitteeofMinisters on themovement and encampmentofTravellers in Europe • RecommendationRec(2005)4 oftheCommitteeofMinisters on improvingthehousingconditionsofRoma and Travellers in Europe • Evaluation of the priorities of the Government of the SLOVAK REPUBLIC in relation to the aim of communities for the year 2002, the Slovak Government Strategy to address the problems of the Roma communityfor the year 2001 • the elaboration of document the Basic Theses of the Government’s Policy Concept for the Integration of Roma Communities for 2003. This concept contains a number of tasks in areas such as human rights,education,employment, housing and health for resolving problems faced by Roma in these areas(multicultural approuch) EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  15. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2003-2006) Council of Europe Slovakia • Textsadopted by theCommitteeofMinisters (CM): • RecommendationRec(2006)10 oftheCommitteeofMinisters on betteraccess to healthcareforRoma and Travellers in Europe • In the spotlight remained the issue of housing. Still in 2002, began the construction of a lower standard and comprehensive development of Roma settlements, dwellings connected with efforts • After reform´s mechanism of assistance in material need is working on a common basis, which means that benefits are fixed set of basic living conditions such as health care or housing allowance • Established the first secondary school designed to study the Romany language and literature for gifted Roma children by positive precedent of Gandhi secondary school in Pecs (HU) EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  16. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2003-2006) Council of Europe Slovakia Adopted Measure : • „ The MG-S-ROM adopted the agendafor the meeting, as well asthe list of decisions of the 20th meeting on 22-23 ovember 2005, subject to an amendment from Slovakia. TheVice–Chair, Mr. Jan Hero, suggested including, under item IV, a reference to the discussion held in November on the decision of the Slovak Constitutional Court on the Anti-Discrimination Law, and to the Group’s decision to address a letter to the Slovak authorities concerning the impact of such a decision.“ • At the legislative level to strive for equal Roma minority also "peaked" by adopting anti-discrimination law 20th May 2004 - but the problem was that strictly excluded a positive measures, which is a European standard. • The constitutional court in Slovakia has ruled that affirmative action is unlawful and unconstitutional. • Later came to amendment and the Act now also provides possibility of positive measures to be adopted for, among others, persons who are socially disadvantaged. ECRI thus noted in his 3rd report that this Act is broadly in keeping with international and European standards concerning the protection against racial discrimination. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  17. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2003-2006) Council of Europe Slovakia • Textsadopted by the PA oftheCoE: • Recommendation 1633 (2003) oftheParliamentaryAssembly on ForcedReturnsofRomafromtheformerFederalRepublicofYugoslavia, includingKosovo, to Serbia and MontenegrofromCouncilofEuropememberStates • One area of progress as far as ECRI’s mandate is concerned, is the adoption of a new Criminal Code in January 2006 which contains several provisions on racially-motivated crimes, including incitement to racial hatred. The Code also provides that the racist motivation of a crime is considered to be an aggravating circumstance. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  18. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2003-2006) Council of Europe Slovakia • The European Court of Human Rights has ruled in favour of a Slovak woman of Roma origin who demanded compensation for being ‘forcibly sterilized’ by by doctors in a public hospital in Prešov • Negative case - In January 2003, published the Center for Reproductive Rights and the Center for Civil and Human Rights of Body and Soul: Forced Sterilization and Other Assaults on Roma Reproductive Freedom in Slovakia (Center for Civil and Human Rights 2003) • ECRI 3rd report – „..following allegations of sterilisations of Roma women without their full and informed consent, the Slovak authorities have made some legislative changes concerning sterilisations, by including the crime of “illegal sterilisation” in the Criminal Code. Several safeguards concerning sterilisations were also added in the Law on Healthcare including the provision that this procedure may only be carried out following a written request and informed consent.“ EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  19. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2003-2006) Council of Europe Slovakia • ECRI – 3rd report on Slovakia -period 2004-2007 • There has been an increased Roma presence on the Slovak political scene, with 19 mayors having been elected in the 2006 municipal elections. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  20. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2007-2011) Council of Europe Slovakia • The Slovak authorities adopted, in May 2008, a new School Act which prohibits discrimination and segregation in education. • They have also adopted a Concept of Education and Training of Roma Children and Pupils, including the Development of High School and University Education. • Texts adopted by the Committee of Ministers (CM): • Recommendation CM/Rec(2008)5 of the Committee of Ministers on policies for Roma and/or Travellers in Europe • Recommendation CM/Rec(2009)4 of the Committee of Ministers to member states on the education of Roma and Travellers in Europe EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  21. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2007-2011) Council of Europe Slovakia • Texts adopted by the PA of the CoE: • Recommendation 1924(2010) of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe • Resolution 1740(2010) of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe • Recommendation 1941 (2010) of the Parliamentary Assembly on Roma asylum seekers in Europe • Resolution 1768 (2010) of the Parliamentary Assembly on Roma asylum seekers in Europe • One of the objectives of this concept is to decrease the number of Roma children attending Special Elementary Schools for disabled children and to integrate them into mainstream education. • In the area of housing, the Slovak authorities have built social housing to improve the conditions in which Roma live. • They have also adopted detailed guidelines for the police on the manner in which forced evictions ought to be carried out in order to reduce the possibility of past human rights violations being repeated in this regard. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  22. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2007-2011) Council of Europe Slovakia • Texts adopted by theCLRAE of the CoE: • Recommendation 315 (2011) of the CLRAE on the situation of Roma1 in Europe: a challenge for local and regional authorities • Resolution 333 (2011) of the CLRAE on the situation of Roma in Europe: a challenge for local and regional authorities • . In March 2008, the Slovak authorities adopted aMedium-term Concept of the Development of the Roma National Minority in the Slovak Republic for the Period 2008-2013 which incorporates the current defined issues and proposes solutions in the fields of, inter alia, education, health, healthcare and the media. • The Employment Services Act also contains measures designed to assist members of this group in integrating into the labour market. Thus, it provides that private entities or public companies should have a workforce comprising 30% long-term unemployed. The majority of long-term unemployed are Roma. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  23. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2007-2011) Council of Europe Slovakia • Texts adopted by the ECRI • ECRI General Policy Recommendation N°13 on combating anti-Gypsyism and discrimination against Roma (2011) • A number of Roma community officers have been recruited in the police since ECRI’s third report . • Roma health workers are currently working in Roma communities to improve the health situation of the persons who live in therein. • These measures are a positive step in better involving Roma in implementing measures taken to address issues of concern to their communities. • In July 2007, the Slovak legislation was amended to provide subsidiary protection for asylum seekers and conditions are reported to have improved in detention centres for non-citizens. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  24. Roma-related texts adopted at the Council of Europe and its influences on the Slovak context (2007-2011) Council of Europe Slovakia • Other texts • Strasbourg Declaration, High Level Summit (20 October 2010) • Final Declaration of the Summit of Mayors (22 September 2011) • CoE initiative: • Dosta Campaign ! • The ROMED programme was launched in January 2011 as part of the implementation of the Strasbourg Declaration on Roma. It is a joint Council of Europe/European Commission action aimed at enhancing the quality and the effectiveness of the work of mediators, assistants and facilitators, by providing additional skills, tools and approaches to complement existing national and European training provisions. • Slovakia has been chosen for implementation of Romed program . • The program has been completed and finished for Roma school and Health mediator (40 persons) – the certificates for them are in process under cooperation of CoE and National Focal point • 4 Roma Mayors or mayors by high concentration of Roma people from Slovakia have participated on Summit of Mayors • There is a plan to start Dosta Campaign – this is a part of adopted Strategy for public communication to majority about Roma issue EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  25. Conclusions CoE has got importatnt influence on improving Human rights aprouch for Roma minority living in Slovakia The overview shows indirect the big influnces on positive development Slovak Context of Roma issue - EURom is an instrument to analyse and evalute the importancy and efect of using the European structural funds We have many evidence and statistical data tha by positive legal frameworks we could not achieve the practical succes to improve the life condition for many Roma families. The chalenge is - by international cooperation to achieve good setting of National reference frameworks for next planned perion 2014-2017 for effective inclusion process of Roma to the society by complementary aprouch of state institutions, local and regional authorities and and wide Roma participation. EURoma meeting, 3rd-4th May, Bratislava, Slovakia

  26. ThankYouforYourAttention EURoma meeting, 3rd-4th May, Bratislava, Slovakia