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Romani Studies

Propaedeutics

CET PRAGUE

22 April 2005

Laura Laubeova
laubeova@fsv.cuni.cz

Unit structure


Terminology


Language, identity and culture


Ethnic group?


Roma and non
-
Roma. Multidisciplinary approach


International Romani movement


Resources and links


Case study: Czech Republic


Historical background


ECRI report 2004


Education


Public International Law and HR instruments


Terminology Basics

The Roma/The Romani people/The Romanies
(
12 m Worldwide)


Rom (sg. masc.) (husband) ;
D
om, Domari


Romni (fem.),

Roma (pl.) or


Romani (sg.), Romanies (pl.) accepted by Sinti (Hancock)



She is
a Roma
(sic.), Romani, a Romni

Romipen, Rromanipen

Gentiles: Gadje, gadjo, gorgio (gaujo, gawjo, gawja Hancock)


Adjective

Romani (international documents), Romany (literature)

Eg.
Roma
(sic.) movement, Romani Rights Centre


Language

The Romani language, Romani, Romanes (in a Romani
way, Romanily
-

Hancock)


Vakares Romanes? Do you speak in the Romani way?

Kiravel Romanes. She is cooking in the Romani way


Sanskrit origins
-

end of 18 cent.:


1760 Valyi Stefan, University of Leiden, NL

Vienna Gazette 1776,

Rudiger 1782, Grellman 1783, Marsden 1785




Identity, culture, politics

Identity


reflects attitudes of majority
-

-
Withdrawal and separation (protect values and culture)

-
Internalisation of stereotypes

Romani ethnicity
:

‘descent, ancestry, kinship and marriage
patterns, language, social organisation, taboos, political
organisation, employments and economic organisation,
nomadism, codes of morality and…a particular state of mind’
(Mayall 2004: 220)

Culture & values
-

code of cleanlines, eating, washing up,
treatment of animals, funerals, sexual behaviour …


extended family

Romani organisations: Intl.Romani Union; Roma National
Congress

European level ERRC, ERIO, ERF (vide links bellow)….



Roma as an ethnic group


National minority (CEE), ethnic minority group (UK
-

RRA).
Community / communities. Heterogeniety.


Roma (Rumungro, Vlach, Romanichal, Kalderash, Kale,
Kalo, Lovari), Sinti, Travellers, playground and circus
people, bargee people, new age travellers etc


Gypsy is not a lifestyle but race/ ethnic group (Hancock)


Minorities autochtonous, immigrant


Roma as European minority vs Roma as European
nation


Europe's largest transnational minority;

Declaration on "non
-
territorial" nation (2001)



Romani

identities
-

include

international

strategies


ethnogenesis
-

conscious

attempt

toward

achieving

for

the

Roma

the

accepted

status

of

a

politically

organized,

non
-
territorial

(transnational),

ethnic
-
national

group

(Gheorghe

1991
:

831
),


Romani

‘political

nationalism’,

i
.
e
.

the

political

organization,

representation

and

participation

in

political

life
.


‘culture

moves

to

politics’

(Gheorghe

1991
:

842
),


common

space

in

which

people

of

different

ethnicity

co
-
operate

without

allowing

the

differences

to

become

the

predominant

issue

which

would

exclude

communication
.


political

homogenization

protects

cultural

heterogeneity

vs


the

process

of

‘politicization

of

ethnogenesis’

leads

to

the

abandonment

of

ethnic

identity

as

a

part

of

Romani

agenda
.

Roma in society

Discrimination, racism, anti
-
Gypsyism, denial of racism,
reversed racism


Majority relations twds the Roma
(annihilation/extermination, persecution, segregation.
Assimilation, integration, accommodation, inclusion)


Major point of departures for Romani studies:

a) history


migration from India, early persecution
in

15
-

18 cent., assimilation under Habsburgs and in
Portugal; Porrajmos


Romani holocaust (0,5 m)

b) family and values;

c) Romani language, identity and self
-
determination of
Romani nation



But:


Multi
-
disciplinary approach


Romani Studies / Romology


Linguistics (Indology)


History (of repression)


Cultural and social antropology / ethnology


Culturology, Musicology


International Relations (UN, EU…)


International law (HR, minority rights law)


Public and social policy


Political economy (WB, UNDP)


Sociology (power issues)


Social psychology (in
-
group, out
-
group dynamics)


Psychology (of prejudice, stereotyping) etc.



Key Romani movements: IRU & RNC

1971 First World Romani Congress

>

IRU

Intellectual interest (in lingustics, culture), Gypsy Lore Society1888

France CMG Communaute Mondiale Gitane 1959
(
Ionel Rotaru
)
,
CIT Comite Intl Tzigane
(
Vanko Rouda
)


>

71 congress

Irish Traveller Community mid 60s

Finish Gypsy Association, Spanish Secretariado Gitano, Slovak
and Czech Assciations for Gypsies/Roma (68

73) Facuna, Dr.
Cibula

Gypsy Council in England 1966 Johnny Brazil

National Gypsy Education Council (1970 Lady Plowden)
organised
next three IRU congresses



renamed to GCECWCR (for education, welfare and civil rights)



World Romani Congresses (IRU)

The first
World Romani Congress, London
,
1971:


16
-
spoked

wheel

as

their

international

symbol,


flag

(green

and

blue),


anthem

(Roma

arise),



proclaimed

April

8

international

Romani

day


2
nd
1979 Geneva (Jan Cibula)

3
rd

1981 Gottingen Ge (Rajko Djuric)

4
th

1990 Warsaw (Rajko Djuric)

5
th

2000 Prague (Emil Scuka)

6
th

2004 Lanciano Italy (Stanislav Stankiewicz)

RNC

Rom & Sinti Union in Hamburg (80s)
-
>

RNC, Rudko
Kawczynski

Grassroot, militant, Romani refugees from Eastern
Europe


basic human rights approach

Pan
-
European Romani Identity

vs

nationalist “Zentralrat “ of German Sinti and Roma (81)


Matras, 1998:49
-
63, Puxon, 2000:94
-
113


Useful links and resources

European Roma Rights Centre
http://www.errc.org

European Roma Information Office
http://www.erionet.org/Home.html

European Roma Forum
http://www.europeanromaforum.org/

WB

(
2003
)

www
.
worldbank
.
org/eca/roma


UNDP

(
2003
)

http
:
//roma
.
undp
.
sk

Roma in the Czech Republic


Links


History


Readings


Charter 77

Useful links and resources
-

CZ

Romea
http://www.romea.cz/

Czech Radio
http://www.romove.cz


Bratinka

Report

(
1997
)

http
:
//www
.
vlada
.
cz

Concept

of

Roma

integration

(
2002
)

dtto

Compliance with Principles set forth in the
FCNM

according to Article 25, Paragraph 1 of this
Convention,
http://www.vlada.cz


Gabal, Ivan (2000)
www.gac.cz

IOM report on Slovak Roma migration to CZ (Nov.
2003)
http://www.iom.cz

Maria Theresa and Joseph II. (1760
-
1784)

assimilation, sedentarisation


1927 Act on Nomadic Gypsies (identity cards)


Nazi holocaust (200 000

1.5 m. died)

Ctibor Ne
č
as

Paul Polanski

History


Communism


Enforced + voluntary relocation to Sudetenlands from
Slovak shanty
-
town settlements (after removal of
Germans 1945)


Large scale employment (low status jobs), decayed urban
areas


1958 policy of integration (USSR model), population
dispersal


1958 Act on settlement of nomadic persons
(repealed in CZ in 97)


1965 policy on transfer (from Sk) + dispersal
, displacement


68 federalisation; Association of Gypsies
-
Roma (73)


1978 Charter 77 document
:

Information on situation of
Gypsies
-
Roma (Guy,200
1:
292 + „prophecy“ p. 293)


Charter 77 Document 23

about the situation of Gypsies
-
Roma in CS


Denial of national minority status to R. „was dictated
by t
he

desire of the ruling powers to reduce the size
of the minority problem“


Criticism of sterilisation, housing + educational
segr
e
gation, use of 58 law


branded as „racist
repression“


Challenged t
he
government claim to have integrated
Roma into labour force (perpetuating disadvantaged
position)


Warning about vulnerability of Romani workers
when economy modernises

1989
-
97


ROI (Romani Civic Initiative) a part of OF (Civic Forum)


Roma gained status as a national minority, Romani MPs


Bogardus scale of social distance


high hostility


Beauty Queen racist utterance


Racist attacks (1995 longer sentences, racism in police force)


Unemployment (70 % vs. national 5%
-

Bratinka 97);
stereotype of self
-
chosen unemployment


Criminality (20% vs. national 3%)


criminalisation, abused
by Republicans (Sládek)


Citizenship law 93
(de facto discrimination), put most
Roma in position of aliens,

96, 2000; led to 97 exodus


Housing ghettoisation (barren flats), educational segregation




1997
-

present


97
Emigration to Canada, UK →
Bratinka report on
situation of R. community in CZ Resolution # 686
(Romani district advisors, RTA)
www.vlada.cz


Inter
-
departmental commission for Romani affairs


98 Social Democrats in government


Framework Convention


98 UN CERD Concluding observations on CR, "de
facto” segregation in edu (article 5 ICERD)


April 99 Draft
Concept of Romani integration
,
approved in June 2000


„Conflict
-
free co
-
existence of the R. community with
the remainder of society“


Safety, non
-
discrimination, improving social sit
(employment, housing, health)


Equalising measures, no quota


“Exodus” to Canada

1996: 150 Czech Romani claimants

6 Aug. 1997: TV documentary

6 Aug.


8 Oct. 97: 1500 claimants/ “Invasion” ,
i.e. 6% of all refugee claimants in 97

Re
-
introduction of visa requirement

Migration to UK and other EU countries

Bratinka report and Concept of Romani
Integration



After 1997
-

cont.

2001 UK Immigration officers in Prague
Airport


(CHC Statement 29 Aug. 01
),
House of
Lords Dec 2004

2002 "Conception on Romani Integration",



(2004 reformulation/revision)

2003 Denial by pres. Klaus, BBC Hardtalk


Future visions


Fulfilling the grim Charter 77 prophecy


EU entry impact


Double standards cf. Canada vs. UK asylum
claimants success rate


IRU stabilisation policies


Prevent mass unemployment + dependency on
social support


Prejudice, racism, hostility, discrimination, social
situation (edu., empl., housing, health…)




ECRI 3
rd

Report on the Czech Republic

8 June 2004

Part II Specific Issues:
Situation of Roma at the local
level


`ECRI expresses deep concern at the deplorable
situation of Roma at the local level. Roma
communities continue to suffer from accumulation
of social and economic disadvantage, aggravated by
changing economic conditions, discrimination and a
lack of willingness by local officials and
communities to adopt the necessary measures to
improve the situation.`

ECRI Report on CZ cont.

`ECRI deeply regrets that the majority of local
authorities seem not to be motivated to take
actions to improve the situation of Roma as such
actions are reportedly not popular with local
communities and can be politically costly`

`ECRI expresses its concern over a new trend to
maintain the system of segregated education in a
new form


this involves special classes in
mainstream schools.`

http://www.coe.int/T/E/human_rights/Ecri/1
-
ECRI/2
-
Country
-
by
-
country_approach/Czech_Republic/Czech_Republic_CBC_3.asp#TopOfPage



READINGS: Roma in CZ/CEE


Will Guy (ed),
Between Past and Future: the
Roma of Central and Eastern Europe

(2001)


Zoltan Barany,
The East European Gypsies.
Regime Change, Marginality, and Ethnopolitics

(2002)


Will Kymlicka,
Can Liberal Pluralism be
Exported?

(2001),
mainly article by Pavel Barsa:
`Ethnocultural Justice in East European States and the
Case of the Czech Roma`, pp. 243
-
258



Education and Roma in CZ


Push factors for systemic change:



97 Canada visa imposition


EU accession


Obsolete education legislation





Bratinka Report on situation of Romani Community, October 97
(out of 44 tasks 11 were for Ministry of Education)



Over two thirds of Roma children are in special schools (ss);
75% of children in ss are Roma



Concept of Romani integration (7 April 99), adopted in 2000,

reformulated "Conception on Romani Integration" adopted on 23
January 2002
-

no quota but equalising measures



New Education Act (White Book) entered in force in Jan 2005

Now its impact being researched by the League of HR +ERRC,
see Romano Hangos Vol.7, No 4, 10 March05, page 1
-
2


Criticism by UN, EC, US government reports,
international NG0
, etc


UN CERD (Committee on Elimination of Racial
Discrimination) Concluding observations on CR, 1998, "de
facto” segregation (article 5 ICERD not fully
implemented)


UN CERD 2000 Report on CR


UN CRC (Rights of Children)


UN HRC (Human Rights Committee) Concluding
observations, July 01, "to eradicate segregation of R.ch. in
its edu...„


EC Opinion and Progress Reports on CR


ERRC:

Ostrava region, 27 times more in Special Schools, 5%
population, 50% in special schools


Save the Children Fund:

Denied a Future?, 2001
http://www.savethechildren.org.uk/scuk/jsp/resources/d
etails.jsp?id=366&group=resources&section=publicatio
n&subsection=details


Role of NGOs

Achievements



230
-

250 Romani teacher assistants (introduced
in 1998) communication barrier, partnership
teaching, small group work, contact with
families, etc not systemic, inferior status, no
educated R. teachers, if not successful
-

blaming
the victim




over
1
30

preparatory classes (since 1994)



multicultural
/
intercultural edu. programmes
-
NG0s,
community schools



New School, ops
www.novaskola.org


Threats:






re
-
standardisation of psychological
testing in the age of 6
-

doubts about the
concepts itself




subtractive versus additive bilingualism,
irreversible cognitive damage (abstract
thinking concepts
-

Piaget)




institutional, unwitting, indirect racism+
denial of racism




D.H. and Others v. Czech Republic



first challenge to systematic racial
segregation in education in Europe


brought by 18 Roma children from Ostrava;
placed in “special” remedial special schools
(ss)


complaint filed in 2000 by ERRC
-

intensive
qualitative and quantitative research that
revealed racial disparities :


D.H. and Others v. Czech Republic


ERRC research results


Over half of the Romani child population is schooled
in ss;


Over half of the population of ss is Romani;


Any randomly chosen Romani child is more than 27
times more likely to be placed in ss for the mentally
disabled than a similarly situated non
-
Romani child.


Even where Romani children manage to avoid the
trap of placement in special schooling, they are most
often schooled in substandard and predominantly
Romani urban ghetto schools.

D.H. and Others v. Czech Republic




ERRC research results cont.

standardized testing


used for placement in ss.

The expert "test" seen as a stamped seal on the
decisions of school directors who will not accept
Romani children into mainstream schools.


second class citizenship.

markedly inferior education

vocational secondary schools limited to training in basic
manual skills

unemployment rates

D.H. and Others v. Czech Republic

cont

`Current educational arrangements in the Czech
Republic also fail entirely to prepare ethnic Czech
children for life in multi
-
cultural societies. In
Ostrava, the Czech Republic's third city, despite
the fact that Roma comprise approximately 10%
of the local population, more than 15,000 Czech
children of primary school age attend school every
day without meeting a single Romani classmate.`


D.H. and Others v. Czech Republic

cont

The 18 applicants claim that they were

`subjected to degrading treatment in
breach of Article 3 of the Convention,
and to denial of their rights to


and
racial discrimination in access to


education, in breach of Article 14 taken
together with Article 2 of Protocol 1`.


INTERNATIONAL HUMAN RIGHTS
INSTRUMENTS

and POLICY ACTORS


EU


CoE


OSCE High Commissioner on National Minorities


Lund, Oslo, and Hague recommendations


OSCE ODIHR Roma/ Sinti Contact point


WB (Decade of Roma inclusion 2005
-
2015)


UN


UNDP


NGOs (OSI, ERRC, MRG ..)


Romani organisations


National governments, etc…

EU


Amsterdam Treaty (Article 13)


two Directives (2000/43/EC, 2000/78/EC)


European constitution

(Treaty establishing a
Constitution for Europe) incl.







Charter of Fundamental Rights (Part II)


CoE ECHR
(constitutes general principles of the Union's law
,
TITLE II
,
ARTICLE I
-
9
)


ECHR Protocol 12 (that relates to Article 14)



European Court for HR (Strassbourg)



EUMC (
on Racism and Xenophobia)
http://www.eumc.eu.int


ECMI
http://www.ecmi.de

etc

European constitution

http://www.europa.eu.int/constitution/index_en.htm



ARTICLE I
-
2: The Union's values

„The Union is founded on the values of respect for
human dignity, freedom, democracy, equality, the
rule of law and respect for human rights, including the
rights of persons belonging to minorities.“

„These values are common to the Member States in a
society in which pluralism, non
-
discrimination,
tolerance, justice, solidarity and equality between
women and men prevail“.

The Union's objectives

„It shall combat social exclusion and discrimination, and
shall promote social justice and protection, …

Charter of Fundamental Rights

Non
-
discrimination (ARTICLE II
-
81)

„ Any discrimination based on any ground
such as sex, race, colour, ethnic or social
origin, genetic features, language, religion
or belief, political or any other opinion,
membership of a national minority,
property, birth, disability, age or sexual
orientation shall be prohibited.“


Discrimination


definition
2000/43/EC

Indirect discrimination shall be taken to
occur where an
apparently neutral
provision, criterion or practice

would
put persons of a racial or ethnic origin at
a particular
disadvantage

compared
with other persons,

unless that
provision, criterion or practice is
objectively justified by a legitimate aim
and the means of achieving.


Role of NGOs in drafting the
directive



Policy actors: governments & public admin.,
private sector, intl. organisations, NGOs


Role of NGOs


Starting Line Group
:
ERRC, Interrights,
MPG

Cf directives 2000/43/EC and
2000/78/EC

ECRI

European Commission against Racisms and Intolerance

Specialist Group on Roma and Gypsies

European Commission for Democracy through law

The Parliamentary Assembly

The Congress of Local and
R
egional

Authorities,

P
rogrammes to build inter community confidence in
society

Council of Europe monitoring department

CoE
Commissioner for Human Rights

Advisory Committee of the
Framework Convention


etc


Council of Europe

Improving housing conditions of Roma
and Travellers in Europe



Recommendation Rec(2005)4


of the Committee
of Ministers to member states


on improving the
housing conditions of Roma and Travellers in
Europe


(Adopted by the Committee of Ministers on 23
February 2005 at the 916th meeting of the
Ministers' Deputies)

https://wcd.coe.int/ViewDoc.jsp?id=825545&Bac
kColorInternet=9999CC&BackColorIntranet=FFB
B55&BackColorLogged=FFAC75



Council of

Europe

cont.


ECHR


European Charter for Regional or Minority languages


European Framework Convention for Protection of
National Minorities (FCNM)


FCNM implementation
-



Eg. Office of the Government of the
Czech Republic: Information about Compliance with
Principles set forth in the Framework Convention for the
Protection of National Minorities according to Article 25,
Paragraph 1 of this Convention,
http://www.vlada.cz





FCNM

What commitments do State Parties undertake
when they ratify the FCNM?





Choice of identity




Non
-
discrimination;



Promotion of effective equality;



Promotion of conditions favouring the preservation
and development of culture, religion, language and
traditions;




Freedom of assembly, association, expression,
thought, conscience and religion;



Access to and use of media;


FCNM




Linguistic freedoms:




-

use of the minority language in private and in public as
well as its use before administrative authorities;




-

use of one’s own name in the minority language;




-

Display of information of a private nature in the minority
language;




-

Topographical names in the minority language;




Education:




-

Learning and instruction in the minority language;




-

Freedom to set up educational institutions;




Transborder contacts;




International and transborder co
-
operation;




Participation in economic, cultural and social life;




Participation in public life;




Prohibition of forced assimilation;

FCNM

cont.


FC emphasises State Responsibilities rather than being a broad
expression of rights.


What is National Minority? No definition. Selected in good faith.


The existence of a minority is a matter of fact not a matter of legislation
by a State ( UN HR committee)


Monitoring of State compliance with the Convention: Advisory
committee (AC) + Committee of Ministers (CM),


State reports (every 5yrs or upon request of CM, if needed AC sends
States written questionnaires),


AC Country visits, alternative reports from NGOs


AC adopts an opinion,upon which the State can comment


CM adopts a resolution with conclusions and recommendation to the
State on the implementation of the FC.


Resolution incl Comments and opinion available on CoE web site


www.coe.int/T/E/human_rights/minorities

UN conventions and committees


Declaration of HR


UN CERD


CRC


ICCPR


ICESCR


CEDAW


CAT


Geneva Convention 51


UN Commissioner for Human Rights



Universal Declaration of Human Rights,
Article 1


all human beings are born free and equal in dignity
and rights. They are endowed with reason and
conscience and should act towards one another in a
spirit of brotherhood ( and sisterhood)“


Europe
´
s challenge is to work twds realisation of this right.

How to help transform established law ( national or intl.) from
pieces of paper to popular practice ?

Who are the key policy making and policy implementing actors?

NGO projects

Roma Rights and Access to
Justice in Europe


Overview Report and First Year Report

http://www.rraje.org/Reports/overview.pdf

IRU

6th World Romani Congress pledges
fight against racism



Lanciano, 10. 10. 2004, 13:07
(Ustiben, by Grattan Puxon)

http://www.romea.cz/english/index.php?id=se
rvis/z_en_2004_0150

http://www.romea.cz/english/index.php?id=se
rvis/z_en_2003_0009


What next?

Decade of Romani Inclusion in CZ
-

pessimism

WB +UNDP Reports: chapters on CZ

Revision of the Conception of Romani
Integration in CZ 2004

Public policy vs public opinion:


International Romani Day 8
th

April, Intl
Day against Racisms 21 March