Roma asylum seekers in Europe
Reply to Recommendation
| Doc. 12690
| 19 July 2011
- Author(s):
- Committee of Ministers
- Origin
- adopted
at the 1118th meeting of the Ministers’ Deputies (6 July 2011) 2011 - Fourth part-session
- Reply to Recommendation
- : Recommendation 1941
(2010)
- Thesaurus
1. The Committee of Ministers has examined
Parliamentary Assembly
Recommendation
1941 (2010) on “Roma asylum seekers in Europe”. It has been brought
to the attention of the member states’ governments and to the relevant
Council of Europe bodies,
Note the
comments of which have been taken into account in this reply.
2. The Committee of Ministers shares the overall concern expressed
by the Parliamentary Assembly with regard to the situation in some
member states concerning racist violence targeting Roma. On a general
note, the Assembly will be aware that addressing the situation of
Roma is a high political priority for the Organisation. Since the
high level meeting on Roma which took place in October 2010, and
in line with the Strasbourg Declaration on Roma, a number of initiatives
are being taken with a view to improving the conditions for Roma populations
across the continent, including from Kosovo.
Note In
this respect, the Committee of Ministers would refer to the first
progress report (November 2010 – April 2011) by the Secretary General
of the Council of Europe on the follow-up to the Strasbourg Declaration.
It would in particular inform the Assembly that in connection with
the European Roma Mediators Training Programme (ROMED), Kosovo is
amongst those beneficiaries in which training sessions have successfully
been launched. There are also plans to launch the Dosta! Campaign
in Kosovo in 2011.
3. Regarding the particular situation of Roma asylum seekers
from Kosovo, the Committee of Ministers would refer to the updated
opinion of the MG-S-ROM on the Return of Roma to Kosovo and South-Eastern Europe,
which it took note of on 1 July 2009 and the thrust of which it
endorses. It would also refer to its replies to relevant Parliamentary
Assembly Recommendations 1633 (2003) on “Forced returns of Roma
from the Former Federal Republic of Yugoslavia, including Kosovo,
to Serbia and Montenegro from Council of Europe member states”,
1708 (2005) on “The current situation in Kosovo”, and to
Recommendation 1889 (2009) on “Improving the quality and consistency of asylum
decisions in the Council of Europe member states”. It would also
underline the pertinence of the “Twenty Guidelines on forced return”
adopted by the Committee of Ministers on 4 May 2005.
4. Regarding the specific proposal that the Ad hoc Committee
of Experts on Roma Issues (CAHROM) examine measures necessary to
create durable solutions for Roma from Kosovo (paragraph 6.1), the Committee
of Ministers can inform the Assembly that the CAHROM – its overall
priorities and workload permitting – intends to take up this matter
at one of its next meetings taking into consideration recent developments,
as well as national practices (including on the basis of EU rules)
concerning Roma asylum seekers and returnees to Kosovo. A number
of written contributions on the subject have already been submitted
to the Committee.
5. As regards the recommendation contained in paragraph 6.2,
the Assembly is informed that the Advisory Committee on the Framework
Convention for the Protection of National Minorities has been examining,
in the context of its monitoring activities and in the light of
the Framework Convention, the legal and factual consequences of
measures related to the return of Roma to Kosovo. In this context,
the Assembly is referred to the Committee’s second opinion on Kosovo,
adopted on 5 November 2009,
Note and in particular
paragraphs 21 and 80 to 92 on issues related to the freedom of movement
and the return process. The Committee of Ministers would also emphasise
that the Advisory Committee’s observations regarding the situation
of Roma in Kosovo generally include those persons belonging to the
Roma community that were previously returned to Kosovo. This allows
for an assessment of developments with regard to their rights and
security situation over time as part of the ongoing monitoring activities.
6. With reference to paragraph 6.3, the Committee of Ministers
reaffirms the need to prevent the dissemination of hate speech in
the media, including against Roma, while observing the fundamental
right of freedom of expression, as provided for in Article 10 of
the European Convention on Human Rights. The Committee of Ministers
would also signal the relevance of its Recommendations Rec(97)20
on hate speech and Rec(97)21 on the media and the promotion of a
culture of tolerance and also draw attention to the Council of Europe
“Living Together” handbook (2009) on standards on the media’s contribution
to social cohesion, intercultural dialogue, understanding, tolerance
and democratic participation. It would also recall that States party
to the European Convention on Transfrontier Television are legally
bound not to disseminate programme content that is likely to incite
racial hatred. Moreover, states bound by the provisions of the European
Union Audiovisual Media Services Directive have a similar obligation
to prohibit hate speech. The Committee of Ministers would also refer
to the relevance of the Additional Protocol to the Convention on
Cybercrime, concerning the criminalisation of acts of a racist and
xenophobic nature committed through computer systems.
7. Regarding the specific recommendation to “instruct the Steering
Committee on Mass Media to assess the media situation in member
states, as regards the dissemination of hate speech, racist ideas
and prejudice against Roma, including Roma migrants and asylum seekers,
and to propose relevant action as necessary”, the Committee of Ministers
considers that this would not be feasible at present in view of
the human and financial resources that such an undertaking would
require.
8. However, it would recall that the CDMC’s current mandate includes
“monitoring the implementation by member states of non-binding instruments
prepared under its authority”. This task allows for contributions
to be made to the objective outlined by the Assembly.