ICELAND

AT L A N T I C FINLAND OCEAN NORWAY SWEDEN RUSSIA

ESTONIA

LATVIA IRELAND UNITED DENMARK KINGDOM LITHUANIA Kaliningrad (Rus.) BELARUS NETHERLANDS GERMANY POLAND BELGIUM LUXEMBOURG CZECH REP. UKRAINE

SLOVAKIA

LIECH. MOLDOVA FRANCE SWITZERLAND AUSTRIA HUNGARY SLOVENIA ROMANIA CROATIA BOSNIA GEORGIA ANDORRA SAN MARINO SERBIA PORTUGAL AND HERZE. BL AC K SEA MONACO MONTENEGRO AZERBAIJAN

Kosovo SPAIN BULGARIA ARMENIA MACEDONIA AZER. ITALY ALBANIA TURKEY GREECE

CYPRUS

MEDITERR A N E A N S E A KatalinHalász Europe he experiences of ethnic, religious and lin- tection of vulnerable groups in the current econom- cover if any might be refugees or victims of traffick- lum and visa policy. The Programme was criticized guistic minorities and migrants in Europe ic climate, so that the response to the crisis leads to ing, pregnant women, unaccompanied children, sick for its restrictive security approach, to the detriment T reveal persistent discrimination, prejudice, more rather than less equality. or injured. Boats carrying the migrants were inter- of the protection of human rights. stereotyping and racism. Xenophobic attacks occur Non-governmental organizations (NGOs) work- cepted at sea, and Italy persuaded Libya to receive Of particular concern is the treatment of child regularly throughout the continent. While there ing on social justice issues and human rights also the passengers following an earlier agreement. Joint migrants and minor asylum-seekers, who are espe- have been fine declarations and well-meaning anti- draw attention to the impact of the economic crisis naval patrols and other returns soon followed. Libya cially vulnerable to human rights abuses, particularly discrimination policies and legislation, considerable on the poorest and most marginalized communi- has no asylum procedure and has not signed the if they are unaccompanied when crossing borders. work remains to be done in confronting widespread ties. In the absence of reliable statistical data on 1951 United Nations (UN) Convention relating In October 2009, Human Rights Watch (HRW) prejudices on the streets and in the mindset and lan- vulnerability caused by the economic recession, to the Status of Refugees. Many migrants are held raised concerns over France’s treatment of the 1,000 guage of mainstream institutions. the International Federation of Red Cross and indefinitely in detention centres where conditions unaccompanied migrant children who arrived in Around one in six people in Europe claims to Red Crescent Societies (IFRCRCS) published in are reported to be poor. Paris by plane in 2008 and were detained in transit have personally felt discriminated against or har- October 2009 testimonies of people from 52 coun- This incident led to an international outcry and zones, where they were denied rights granted to assed, according to a Eurobarometer survey released tries in Europe, Central Asia and the Caucasus, put European migration policies in the spotlight. other migrant children in France. Greece, which has by the European Commission in November 2009. many of them belonging to a minority group. The Hammarberg also highlighted the European trend long been criticized for its migration policies and The results of the survey show that, at 61 per cent, IFRCRCS identified pre-existing vulnerabilities, of criminalizing undocumented migration, stating for conditions in its detention centres, planned to discrimination on ethnic grounds is seen as the most namely poverty, age, membership of a minority or that it raises serious human rights issues. In Italy, grant citizenship to some 200,000 migrant children widespread form of discrimination in the European being a migrant, as the key determinants of adverse for example, the parliament approved legislation but also to send thousands of detainees away. In the Union (EU). More than one-third of Europeans impact. Moreover, the organization expressed fears in 2009 which criminalizes irregular entry, allows UK, a medical report was published which revealed also think that discrimination on the grounds of that the economic downturn may make such vulner- citizens’ patrols to help the police to keep order, the serious physical and mental health problems gender and religion or belief is widespread. abilities more entrenched. and sentences landlords to up to three years in of children who are asylum-seekers and are held in The EU’s Agency for Fundamental Rights (FRA) Commentators warn that it is still too early to prison if they rent to undocumented migrants. British detention centres. published the first ever EU-wide survey on ethnic assess the social, economic and political impact of In April 2009, Jennifer Chary was prosecuted in Member states have introduced a series of new minority and immigrant groups’ experiences of rac- the recession on minorities. However, the Anti- France for aiding and abetting an undocumented measures with the stated aim of better integrat- ist crime and discrimination in 2009. It revealed Defamation League (ADL), a US-based NGO, migrant who was the man she was about to marry. ing their migrant populations. In 2009, the EU a certain resignation on the part of ethnic minori- carried out a survey in seven European countries When they applied for a marriage licence, Chary’s launched its integration portal and platform for ties and immigrants, due to a lack of faith that in February 2009 which found that 31 per cent of partner was deported and she was charged with member states to exchange good practices and views, the authorities would provide effective protection respondents blame Jews in the banking sector for the offence, which carried a penalty of up to five and to act together on integration issues. In reality, against discrimination, harassment and racially the current economic crisis. Populist-nationalist years’ imprisonment plus a steep fine. Ultimately, however, some countries have been strongly criti- motivated violence. Racist crime and discrimina- parties in Europe are spreading anti-Semitic, anti- negative publicity led the prosecutor to drop the cized for introducing integration measures that risk tion may, therefore, be far more widespread than is immigrant and anti-integration messages, blaming case. Such restrictive migration laws and policies being discriminatory and appear intended to control recorded in official statistics. ethnic and religious minorities for the downturn. not only criminalize migration but also run the risk immigration. In 2009 the UK Borders, Citizenship Europeans were also asked how they thought Blaming the Jewish community for the recession of encouraging xenophobic attitudes towards both and Immigration Act of 2009 introduced the con- the recession would impact on funding for equality or playing on sensitive issues such as immigra- migrants and established minorities. Moreover, the cept of ‘earned citizenship’, whereby migrants are and diversity policies in their countries. The 2009 tion, Islam and ‘benefit-breeding’, the radical criminalization of undocumented migrants means encouraged to undertake voluntary service to reduce Eurobarometer figures show that Europeans have right made gains in the European Parliament and that fewer individuals will be willing to bring com- the time it takes to gain citizenship. It also created few illusions about the impact of the crisis, with 49 won seats in Austria, Denmark, Greece, Hungary, plaints against people-smuggling rings, or employers a new category of ‘temporary leave to remain’, with per cent of Europeans believing that, because of it, Italy, the Netherlands, Slovakia, Romania and the who take advantage of the undocumented. restricted access to public services and benefits. policies promoting equality and diversity will be UK. A new Eurosceptic group was formed in the Nevertheless, a harsh tone was maintained at the The Act was criticized, among other things, for not considered less important and receive less funding. European Parliament, the Europe of Freedom and EU level as well. EU member states have for the addressing the detention of asylum-seeking children. Furthermore, more than half of Europeans think Democracy group, under the leadership of the first time asked for the creation of joint flights to In October 2009, Jorge Bustamante, the UN that a possible increase in the levels of discrimina- UK Independence Party (UKIP). A number of deport irregular migrants, financed by Frontex, the Special Rapporteur on the human rights of tion in the labour market on the grounds of ethnic the group’s parties are described by national and European agency in charge of the EU’s borders. migrants, urged states to take a ‘serious and in- origin will follow, while more than 40 per cent state European media as far-right, anti-immigration, And an EU Directive was adopted during 2009 that depth approach’ to tackle racism, xenophobia and that the crisis will contribute to increased levels of xenophobic and, in some cases, racist. penalizes employers of undocumented migrants, fur- related forms of intolerance, which, he noted, discrimination in the labour market on the grounds Anti-migrant messages, such as comments made ther risking the exploitation of migrants already in persist and impact seriously on the lives of millions of gender (43 per cent) and religion or belief (42 by the far-right British National Party (BNP) leader a vulnerable position. The Stockholm Programme of migrants every day. Hate crimes against ethnic per cent). Nick Griffin soon after he entered the European (adopted under the Swedish Presidency of the EU and religious minorities and migrants continue In response, the Council of Europe (CoE) Parliament in 2009, found their parallels in reality. in December 2009) outlines the EU’s vision in the to be a serious problem throughout Europe. The Commissioner for Human Rights, Thomas In May 2009, Italy forcibly returned more than 200 area of freedom, security and justice for the period Organisation for Security and Co-operation in Hammarberg, called on states to ensure better pro- migrants to Libya, without screening them to dis- 2010–14 and covers topics such as migration, asy- Europe (OSCE) Office for Democratic Institutions

152 Europe State of the World’s Minorities State of the World’s Minorities Europe 153 and Indigenous Peoples 2010 and Indigenous Peoples 2010 and Human Rights (ODIHR) launched a report on tutional racism. In Austria, Amnesty International motivation has been recognized as an aggravating ment concerning strengthened fundamental rights the occasion of International Tolerance Day, draw- (AI) accused the police and criminal justice system circumstance in criminal cases since 2004). Once protection lies in the accession of the EU to the ing attention to the numerous instances of intimida- of being guilty of racial profiling, in particular transposed into national laws and implemented, the European Convention for the Protection of Human tion, threats, vandalism, assault, arson and murder that there is a widespread assumption that persons Framework Decision may remedy inconsistencies in Rights and Fundamental Freedoms (ECHR), as committed against minorities in Europe. The CoE belonging to ethnic minorities are perpetrators rath- EU member states’ criminal law provisions on rac- provided for in the Lisbon Treaty. Accession to the Commission against Racism and Intolerance (ECRI) er than victims of crime. In Malmö, Sweden, over ism and xenophobia. ECHR means that, while upholding EU law, the issued a series of country reports examining racism 100 demonstrators marched in protest against police The draft directive prohibiting discrimination on ECJ would be able to apply the ECHR directly. and intolerance. Noting positive developments in racism in March 2009. the grounds of religion or belief, age, disability and Moreover, the EU and its institutions can be made Bulgaria in terms of a strengthened institutional Hate speech is spreading on the streets of Europe sexual orientation outside the employment sphere accountable to the European Court of Human framework against racism and discrimination, ECRI and on the internet. In television adverts, the Czech was presented by the European Commission in Rights (ECtHR) on rights and obligations arising warned that the situation of Roma and asylum- National Party campaigned with the slogan, ‘Final 2008 and was being debated by member states dur- under the Convention. seekers remained worrying, and that the response of solution of the Gypsy question’, evoking the rheto- ing 2009. In April 2009, the European Parliament The new Treaty and the Charter are significant the justice system to allegations of racist or discrimi- ric of the Third Reich. Also in the Czech Republic, backed the proposal and called for multiple dis- from a minority rights standpoint. They establish natory behaviour should be improved. Problems neo-Nazis invited David Duke, former leader of the crimination to be introduced into the text. This is that the rights of persons belonging to minorities with the implementation of existing legislation Ku Klux Klan in the United States, to give lectures not likely to happen, as many member states still should be respected and that the EU should respect prohibiting discrimination against migrants and in Prague and Brno. He was arrested on his arrival face problems with the transposition of the direc- cultural, religious and linguistic diversity. Article 21 asylum-seekers, as well as racist or xenophobic over- in the country in April 2009 on charges of denying tives adopted in 2000: the Race Equality Directive of the Charter widens the list of prohibited grounds tones in political discourse, were noted in Belgium, the Holocaust, a crime punishable by up to three and the Employment Equality Directive. As the of discrimination, which now include, ‘sex, race, Germany, Hungary, Norway and Slovakia. years’ imprisonment in the Czech Republic. European Commission launched infringement colour, ethnic or social origin, genetic features, Protection of national minorities’ languages in In its 2009 country report on Belgium, ECRI proceedings against governments for their failure to language, religion or belief, political or any other Slovakia came under international scrutiny after noted with concern the persistence of racist, anti- take the necessary steps, the Czech Republic could opinion, membership of a national minority, prop- the Slovak government introduced amendments Semitic, Islamophobic and xenophobic discourse have been subjected to high EU fines since it passed erty, birth, disability, age or sexual orientation’. The to the Law on the State Language that was due to on the internet. The Chair of the Danish Nazi the Anti-Discrimination Act only in 2009. enforceable nature of the rights contained in the come into effect on 1 September 2009. The propos- organization, the National Socialist Movement Following the ruling of the European Court Charter means that individuals and NGOs will be als established fines of up to 5,000 euros for using in Denmark (DNSB), uses Facebook, the online of Justice (ECJ) in the Belgian case Centrum voor able to hold European institutions accountable for minority languages in public services if the minority social networking website, to recruit members to his Gelijkheid van Kansen en voor Racismebestrijding v. breaches. There are EU member states which have in question forms less than 20 per cent of the local organization. ‘Some of the newest technologies are Firma Feryn in 2008 – in which the ECJ established yet to ratify the CoE’s Framework Convention for population. The amendments stirred up tensions being used to peddle some of the oldest fears,’ said that a firm that had publicly stated that it would the Protection of National Minorities (FCNM), between the Slovak and Hungarian governments, UN Secretary-General Ban Ki-moon in June 2009, not recruit employees of a certain ethnic origin was namely Belgium, Greece, Luxembourg and France and tens of thousands of the half million ethnic stating that everyone has a role to play in eliminat- in breach of the principle of equal treatment in the (which has not signed); in these countries, the pro- Hungarians living in Slovakia gathered to protest. ing cyber-hate. labour market – the Labour Court of Brussels issued visions of the Charter can help to ensure more effec- Knut Vollebaek, the OSCE High Commissioner Racist violence, whether it is physical violence, a judgment in August 2009 reiterating the same tive minority rights policy and practice. The same on National Minorities, mediated between the vandalism or damage to property, is an every- principle. The Labour Court ordered the abolition holds true for Turkey, via its EU accession process. Hungarian and Slovakian governments to ensure day reality for Europe’s ethnic, religious and of Feryn’s discriminatory recruitment criteria and However, with regard to Poland and the UK, which that, while the Slovak government takes steps to linguistic minorities. The November 2008 EU the publication of the judgment in four widely pub- insisted on opt-out clauses, the Charter will not cre- preserve the state language, the linguistic rights of Framework Decision on Combating Certain Forms lished Belgian newspapers. ate any justiciable rights. national minorities are also respected. Vollebaek and Expressions of Racism and Xenophobia by New approaches for the protection of human issued a statement after the adoption of the law’s Means of Criminal Law requires governments rights in Europe were established by the entry Roma implementation principles on 4 January 2010, stat- to challenge and counter racist crimes through into force of the Treaty of Lisbon on 1 December In the absence of precise data, the European Roma ing that he will closely monitor the implementation an effective transposition and implementation of 2009 and by the appointment of a new EU community is widely estimated to comprise more of the law. the Framework Decision into national law. The Commissioner for Justice, Fundamental Rights and than 10 million people and constitutes the big- Institutional racism remains a major concern. Framework Decision encourages EU member states Citizenship. The Lisbon Treaty establishes a core gest single minority group in the EU. The Roma In the UK, 10 years after the Stephen Lawrence to amend their criminal legislation to punish the set of values of dignity, equality, tolerance, justice community is composed of several groups and sub- inquiry that established evidence of institutional act of assistance in racist or xenophobic activities, and solidarity, which were not explicitly mentioned groups distinguished by language, ethno-cultural racism in the police, an independent review by the and to consider racist or xenophobic motivation as in previous treaties and which the European insti- identity, religion, way of life, history of migration Runnymede Trust, a London-based race equal- an aggravating factor in the determination of penal- tutions have to take into account when formulat- and legal status. These differences impact strongly ity think-tank, concluded that institutional racism ties by the courts. Some countries, like Finland for ing policies and legislation. The Lisbon Treaty on their standing and opportunities in the wider within the police still persists. In Northern Ireland, example, have started to compile data and statis- introduces the European Charter of Fundamental society, but most Roma suffer from the same deep- the family of an Asian man who was killed five years tics on hate crimes, which are not recognized as a Rights into EU primary law as a legally binding rooted discrimination and segregation in the fields ago accused the Public Prosecutors Service of insti- separate category in Finnish law (although racist body of rights and values. A further substantial ele- of education, employment, health care and housing,

154 Europe State of the World’s Minorities State of the World’s Minorities Europe 155 and Indigenous Peoples 2010 and Indigenous Peoples 2010

Special report

The Swiss case is not a rare or isolated exam- ple of rising Islamophobia and anti-Semitism in Growing Europe. In May 2009, ultra right-wing groups held an ‘anti-Islam’ rally to oppose the building of religious a large new mosque in Cologne, Germany. This was countered by a peaceful demonstration by intolerance in church groups, the Green Party, trade unions and anti-racism organizations. After the authorities Europe in Denmark’s capital city Copenhagen approved the country’s first purpose-built mosque, the extreme-right Danish People’s Party launched an In the second half of 2009, the Swiss country anti-mosque campaign in September 2009. Full- town of Langenthal became the focus of interna- page advertisements claiming that the new mosque tional attention following a campaign, backed by would be funded by the ‘terror regime in Iran’ the ultra-conservative Swiss People’s Party (SVP), were published in several daily papers. to ban all minarets from mosques in Switzerland. In Athens, Greece, the only capital city in On the grounds that minarets symbolize ‘Islamic Europe without a licensed mosque or cemetery power’ and thus represent ideological opposition to serve its Muslim population, a shop used as a to the country’s Constitution, members of two Muslim prayer centre was attacked with firebombs parties initiated a national referendum asking the in May 2009. Five persons were injured. The Swiss electorate whether they wished to add the attack came a day after the police clashed with sentence, ‘The construction of minarets is forbid- more than 1,000 Muslim demonstrators, protest- den’, to Article 72 of the country’s Constitution. ing that a police officer had reportedly desecrated The referendum was held on 29 November 2009; a copy of the Qur’an during an identity check. 57 per cent of those participating backed the A mosque in France was set on fire in the ban, although it may be overturned by the Swiss Rhone region in December 2009, only two weeks Supreme Court or the ECtHR. The ban may be after the desecration of Muslim graves in the put to the test by a mosque construction project military cemetery of Arras. According to a recent that is already pending in Langenthal. survey conducted in France, the Swiss ban has The vote has been condemned by human contributed to rising tensions concerning Islam in rights groups, including Minority Rights Group the country, where 41 per cent of interviewees are International (MRG), warning that the ban vio- opposed to the construction of Muslim places of lates both the right of Muslims in Switzerland worship as opposed to 22 per cent in 2001. to manifest their religion and the prohibition In Belgium, a 2009 survey undertaken by the of discrimination on the grounds of religious Instituut voor Sociaal en Politiek Opinieonderzoek belief, as set out in international human rights (Ispo) at the Leuven Catholic University instruments. The UN High Commissioner for (Katholieke Universiteit Leuven) showed similarly Human Rights, Navi Pillay, spoke out against negative perceptions, with nearly one Flemish per- the Swiss minarets ban in December 2009. son in two having a negative opinion of Muslims Already, in October 2009, the UN Human and Islam: 48 per cent of Flemish people believe Rights Committee expressed concerns about both the values of Islam are a threat to Europe and 37 the referendum initiative and the discriminatory per cent believe that most Muslims do not respect and Islam should be viewed in light of a recently Above: A controversial poster in a Zurich train advertising campaign which accompanied it, European culture and way of life. published Gallup study on the level of integration station calls for a ban on minarets in Switzerland. depicting a burqa-clad woman against a back- These survey results and the apparent nega- and exclusion of Muslim communities in France, The poster was brought out by a right-wing political ground of threatening, missile-like minarets. tive public opinion against Muslim minorities Germany and the UK. France has the largest party. Mark Henley/Panos.

156 Europe State of the World’s Minorities State of the World’s Minorities Europe 157 and Indigenous Peoples 2010 and Indigenous Peoples 2010

Special report

Muslim population in Europe – approximately 5 France, Sweden and the UK during 2009. In education, and access to goods and services, includ- in all schools of the region. On behalf of the girls, million people (most of whom hold French nation- France, two firebombs, intended for a synagogue in ing housing. The main political issues surrounding a Belgian feminist group (Baas Over Eigen Hoofd ality). The study shows that, like the just over 2 mil- an ethnically mixed north Paris neighbourhood, hit the proposal are, on the one hand, whether the EU – BOEH, Boss of my own head) filed a case against lion Muslims in the UK and approximately 3 mil- the façade and shattered the windows of a nearby enjoys the necessary legal competence to legislate the decision with the Council of State, the highest lion Muslims in Germany, French Muslims identify kosher restaurant on 2 January 2009. in these areas – some governments, like that of administrative court in Belgium in September 2009. with their country and support its values and In a report published in September 2009, the Germany for example, question the EU’s powers Media reported that the Moroccan community was institutions. It also found that patriotism is shared ADL examined a rise in anti-Semitic criticism in to legislate on topics such as education, health care now planning to fund its own schools. Mohamad across religious lines, as the majority of respondents Spain following Israel’s three-week military opera- and social protection in the framework of the new Chakkar, president of the Federation of Moroccan see no contradiction between religious practice and tion in Gaza, including the publication of anti- proposal. On the other hand, there is the balance Associations, said, ‘Research has shown that the identification with their respective countries and Semitic cartoons and articles in mainstream media. to be found between the interests of individuals, as education gap between immigrant and non-immi- their institutions. A survey conducted in Austria, France, Germany, members of a faith community, to have their right grants students in Flanders is the widest in Europe.’ Nonetheless, a new report examining discrimina- Hungary, Poland, Spain and the UK by the ADL to manifest their religion or their right to education He also expressed dismay over the speed with which tion against Muslims in the EU, conducted by the also points to the alarming trend of blaming Jews be respected, and a possible general public interest, the ban had been decided. EU’s FRA, confirms persistent Islamophobia across in the financial industry for the current global eco- or the rights and interests of others. Meanwhile, international organizations and Europe. According to the report, 1 in 3 Muslim nomic crisis. Nearly one-third of respondents blame Human rights NGOs, such as the European NGOs are supporting communities in their efforts respondents were discriminated against and 11 per Jews in the banking sector for the current economic Network Against Racism (ENAR), which advocates to build tolerance, including human rights educa- cent were victims of racially motivated ‘in-person crisis. A similar proportion believe that Jews have for the rights of religious minorities, argue that on tion and other initiatives aimed at changing dis- crime’ (assault, threat or serious harassment) at least ‘too much power’ in business and finance and are the question of balancing religion or belief in the criminatory and exclusionary attitudes. The OSCE once in the previous 12 months. The highest levels not loyal to their country. public sphere and access to education on the grounds created a website called ‘The Tolerance and Non- of discrimination occurred in employment and in In the meantime, the debate on allowing the of religion or belief, the discretion of the member Discrimination Information System’, which pro- private services. Discrimination, harassment and wearing of religious symbols in public areas and on state must be exercised with full respect for all fun- vides a rich source of information on issues relating racist crime remain grossly under-reported, mainly reconciling freedom of thought, conscience, reli- damental human rights and cannot lead to the denial to religious and other forms of intolerance, includ- because of lack of confidence that the police would gion or belief with other fundamental rights such as of the right to education. In this regard, the ECHR ing legislative initiatives, international standards and be able to do anything. freedom of expression, freedom of association and and the case law of the ECtHR provide guidance, detailed country information. FRA Director Morten Kjaerum also highlighted peaceful assembly, respect for private and family life, setting out that everyone has the right to freedom of the growing number of anti-Semitic incidents in a the prohibition of discrimination or the right to edu- thought, conscience and religion or belief in teach- The rise of the far right report that revealed new data on incidents against cation continues in legislatures and in courtrooms. ing, worship, practice and observance. Restrictions Right-wing radicalism and the spread of xenophobic the Jewish community in Europe. He stated that: In November 2009, the ECtHR ruled against the on the wearing of religious clothing and symbols and extremist attitudes towards ethnic, religious display of crucifixes in Italian classrooms, on the should reflect a general approach which is neutral and linguistic minorities is an issue confronting the ‘The Agency’s research shows that during 2007 and grounds that it violated the child’s right to freedom and impartial between all forms of religion or belief, whole of Europe. Contemporary forms of extreme most of 2008, the number of anti-Semitic incidents in of religion and the right of parents to educate their and is compatible with the principles of respect and right-wing ideologies have gained momentum as the EU declined, but that it has been on the rise again children in line with their convictions. The Court the need to foster tolerance and pluralism. part of a backlash against the rapid changes induced since December of 2008 … this rise could partly be concluded that there had been a violation of the right The continuing debate on the question of the by globalization and other cultural and social shifts affected by the situation in the Middle East, as well as to education as contained in Article 2 of Protocol No. place of religion in public life demonstrates the in post-war Europe. Pursuing strategies playing on by the global financial crisis.’ 1 to the ECHR, and a breach of freedom of convic- sensitivity around the issue in an increasingly mul- (and encouraging) growing anxieties in an increas- tion and religion as also protected by the ECHR. The ticultural Europe. Education systems and schools ingly pluralistic Europe, political parties and move- Concerns that Israel’s invasion of the Gaza strip in Court’s decision sparked anger in the largely Catholic are directly concerned with the issue and there is ments have emerged that are propagating racism and December 2008 would spark anti-Semitic violence country and it has since been appealed. no unanimity, not only over the presence and wear- intolerance against the ‘other’. These movements against Jews in a number of European cities, as well Striking a fair balance between different rights in ing of religious symbols in schools but also over have proved adept at hiding behind advocacy of free as other public expressions of anti-Jewish attitudes, a multicultural context is a challenge also faced by the status to be given to teaching about religions, speech and selling claims that supposedly homoge- were expressed by human rights groups. These fears the EU as the proposal for a new anti-discrimina- particularly minority religions, such as Islam or neous majority cultures are in need of protection. were confirmed by a series of violent attacks in a tion directive is debated. The new directive seeks to Judaism. In Antwerp, in the Flemish region of A study undertaken by the private, non-profit number of countries in the aftermath of the inva- outlaw discrimination on the grounds of religion or Belgium, 60 Muslim girls dropped out of school organization, Bertelsmann Stiftung, on the radi- sion: physical assaults on Jews and attacks on syna- belief, disability, age and sexual orientation in the after the decision by a school to introduce a ban on cal right in Europe argues that the face of today’s gogues have been reported in Belgium, Denmark, fields of health care, social protection and benefits, headscarves that rapidly led to a general blanket ban far-right is changing. Instead of an old-fashioned

158 Europe State of the World’s Minorities State of the World’s Minorities Europe 159 and Indigenous Peoples 2010 and Indigenous Peoples 2010

Special report

‘classical’ biological racism, the new ‘populist’ right seats of the socialist Progressive Alliance of Socialists same time, the Italian radical right-wing Northern in 2001, said that far-right militants are becoming embraces an ideology comprising ethnocentrist and Democrats), the new European Parliament is League achieved a major victory in the wealthiest more sophisticated and, unless politicians challenge nationalism with an element of religion-based exclu- much more fragmented, with new anti-EU groups, parts of the country, such as the Veneto and north- their message head on, a repeat of those incidents sionism. Aiming to establish themselves in main- such as the European Conservatives and Reformists ern Lombardy. The Northern League promotes a could be provoked. Groups like the anti-Islamist stream political arenas at the national and European Group and the hard-right Europe of Freedom and hard-line and xenophobic immigration policy. In English Defence League and the Aryan Martyrs’ levels, ultra right-wing populist parties justify their Democracy group, made up of anti-immigration this political climate, it is not surprising that the Brigade made headlines when issuing threats, anti-immigration, anti-Semitic and Islamophobic and xenophobic parties, such as the Italian Lega Italian parliament has passed the toughest immigra- including a death warrant sent by the latter to the rhetoric not by arguing openly for the superiority Nord (Northern League), the Danish People’s tion law in Europe and also discussed introducing a secretary of Unite Against Fascism, ‘for crimes of the white race but by stoking fears that ethnic Party, the True Finns Party, the Mouvement pour ban on the burqa. A bill was introduced in October against all loyal white patriots and British national- minorities, immigrants, Muslims, homosexuals and la France and UKIP. In October 2009, Hungary’s 2009 but not debated by the parliament before the ists’. Politicians too have expressed concerns after others are a threat to the integrity of the national Jobbik and the BNP cobbled together a further end of 2009. the Stop Islamization of Europe group confronted community and will destroy the achievements of ultra-right pan-European grouping, called the Far-right parties in other parts of Europe also around 1,000 opponents outside a mosque in north modern societies. The economic crisis has boosted Alliance of European Nationalist Movements – have parliamentary ambitions. According to a new London. The Communities Secretary said that the popularity of populist nationalist organizations including France’s Front National, Italy’s Fiamma opinion poll, an increasing number of Swedes extremists are using tactics that echo those of the that feed the resentment towards minorities, blaming Tricolore, Sweden’s National Democrats and would help the xenophobic Sweden Democrats to 1930s British fascists. them for economic and social problems reinforced by Belgium’s Walloon extremists, also called the Front win their first-ever seat in the Swedish parliament, In a move to increase pressure on right-wing radi- the recession. Openly racist and militant right-wing National – but failed to get public funding. the Riksdag. calism, the German Interior Minister banned a far- extremists are still present, of course. But the shift in The gains made by right-wing populists in the Hungary’s radical nationalist party, Jobbik right youth organization, the Heimattreue Deutsche argument and style from the classical racist discourse European Parliament signal a dangerous develop- (Jobbik Magyarorszagert Mozgalom – Movement Jugend (Patriotic German Youth), for disseminating proved successful in the 2009 European elections, ment. By adapting their rhetoric to bypass national for a Better Hungary) has already gained suffi- its Nazi propaganda to young people. The organi- which indicated substantial support for far-right bans on ultra-right views (and the Charter of cient support to cross the 5 per cent threshold for zation was said to have close links to the National populist parties in many EU member states. European Parties for a Non-Racist Society, signed representation in parliament. Jobbik blames Jews Democratic Party (NDP), Germany’s main far-right Despite declines in some member states, such as by the European Parliament in 2001), they have and Roma for the social and economic problems nationalist party, which also supports the annual Belgium, France and Poland, far-right parties gained gained considerable support in many countries. facing Hungary post-transition and post-EU acces- neo-Nazi ‘mourning march’ on 14 February in European Parliament seats in a number of coun- Footholds in the European Parliament and at the sion. It has also coined the term ‘Gypsy crime’ to Dresden. On this day, right-wing extremists from tries. In Austria, the Freedom Party (FPO) won two national parliamentary level allow these populist denote certain types of crime supposedly committed all over Europe gather to commemorate the fire- seats, the Dutch anti-Islam and anti-immigration right-wing parties to shift formerly far-right ideas exclusively by Roma. More worrying was Jobbik’s bombing of the city by the Allied forces during Freedom Party of Geert Wilders (PVV) sent four rep- (on immigration, for example) into the main- cooperation agreement with TMRSZ, a police trade the Second World War. The organization United resentatives to the European Parliament, and Italy’s stream. In Austria and the Czech Republic, racism union, although this has since attracted criticism Against Racism and the local platform Geh Denken Northern League has more than doubled its represen- watchdogs and political analysts have pointed to from, among others, the Hungarian prosecutors’ called for international support to end acceptance tation from four to nine members of the European an increase in crime related to extremism, which office. The authorities have also attempted to crack of this annual neo-Nazi demonstration; 10,000 sup- Parliament. Two other right-wing parties (the they believe is connected to the growing number down on the banned Hungarian Guard (Magyar porters protested against the march. Alleanza Nationale, formerly led by Gianfranco Fini, of supporters of far-right movements. They warn Garda), a pool of volunteer militia created by Jobbik While anti-immigrant, xenophobic and nation- and Alessandra Mussolini’s Social Action) merged that mainstream political parties must change their which draws on Nazi-style symbols. Nevertheless, alist extreme right parties and movements are with Italian Prime Minister Silvio Berlusconi’s People approach. Sonya Ferker from the ZARA anti-racism approximately 15 per cent of Hungarians voted establishing themselves in Europe, minorities are of Freedom Party and are now represented in the big- organization in Austria, warned that political debate for Jobbik in the European Parliament elections in still under-represented in politics, government and gest European-level centre-right party, the European on immigration, ‘is entrenching polarization and 2009, and a survey last year concerning attitudes public life. In the last weeks of 2009, an ongoing People’s Party (EPP). With no seats in the previous producing an “us and them” view on immigration’. towards extremist movements showed 10 per cent discussion in Bulgaria on broadcasting Turkish news European Parliament, the BNP and the Hungarian Illustrative of the efforts of far-right parties to public support for the Hungarian Guard. on the state television channel led Prime Minister far-right Jobbik made significant breakthroughs move into the mainstream is the merger in Italy in The announcement by Jobbik that it was setting Boyko Borisov, the leader of the centre-right party winning two and three seats respectively. Denmark, 2009 of the National Alliance (Alleanza Nationale) up a London branch, the British Jobbik Society, GERB, to announce the party’s support for a Greece, Romania and Slovakia also sent far-right rep- and Social Action with Prime Minister Silvio in order to strengthen links with the BNP, stoked national referendum on the issue. The suggestion resentatives to the European Parliament. Berlusconi’s People of Freedom Party. On 7 June fears about the reach of the far right into the UK. was initiated by the nationalist party ATAKA (The In addition to a centre-right majority (the centre- 2009, when (as in most countries) the European, An expert on community relations, who led the gov- Attack). There are approximately 800,000 Turks in right EPP won 264 seats as opposed to the 184 council and provincial elections were held at the ernment review into the country’s worst race riots Bulgaria, and state television has been broadcasting

160 Europe State of the World’s Minorities State of the World’s Minorities Europe 161 and Indigenous Peoples 2010 and Indigenous Peoples 2010 and access to goods and services. They face growing Roma EU citizens who exercise their right to free formally inaugurated in April 2009. The Platform anti-Roma attitudes across Europe. movement and settle in another EU member state held its second meeting, dedicated to education, in The different legal statuses of Roma minority in search of better living conditions continue to September 2009. The EU Roma Policy Coalition, 10 minutes’ news in Turkish every evening since groups add to their ambiguous place in the broader experience racism, discrimination and exclusion. which was set up by human rights NGOs to advo- the 1990s. national communities, as it differs both within and Barriers remain to their enjoyment of key civil, cate for Roma rights and inclusion at the EU level, At the end of 2009, the Constitutional Court between countries. Depending on the period of political, economic and social rights, including the was highly critical of the mandate and structure of in Turkey banned the pro-Kurdish Democratic migration of the groups, and on the level of official right to vote in local and European elections, and the Platform, expressing concern over the lack of Society Party (DTP) and 37 of its members recognition of them as a national or ethnic minor- access to social protection, health care and public key targets and a coherent structure for the process from politics for five years. In its decision, the ity, some long-established communities are citizens housing. For example, the Finnish capital Helsinki itself, which would be necessary to achieve a strate- Court’s eleven members agreed unanimously of the country where they live and are entitled to refused to offer housing or health services to Roma gic EU approach to Roma issues. that the DTP had links to terrorist activities. rights granted to recognized minorities. However, from Romania, stating that social problems should The 2008 Roma Summit clearly identified the Many national and international human rights in others, such as Denmark, Roma are not recog- have been solved in their home country. EU member states and their governments as the organizations and regional institutions, such as nized as a minority group. Newly arrived groups are In Italy, 11 months after the government adopted main actors responsible for improving the situation CoE and the EU, criticized the decision, as the sometimes considered refugees or asylum-seekers, or its ‘declaration of the state of emergency with regard of Roma in the EU. It remains to be seen whether party had not only been a channel for Kurdish even illegal immigrants. A large number of Roma to settlements of nomad communities’ in 2008, the Spanish Presidency of the EU will be able to voices but also promoted gender equality and are nationals of the countries that joined the EU the authorities engaged in coercive documenta- achieve real progress upon the occasion of the constitutional rights. Besides, the decision could in 2004 and 2007, and, as such, are entitled to the tion of Roma and Sinti in numerous camps, taking Second EU Roma Summit, which will be held on 8 run the risk of harming the peace process in right of free movement, but, due to restrictions that photographs of them and fingerprinting them, and April 2010, International Roma Day. While Turkey as it coincided with a new ‘Kurdish some countries, such as the UK, introduced for using the information gathered to deport those who social policy belongs to the exclusive competence Initiative Programme’. Romanian and Bulgarian nationals, lack full resi- could not prove their right to live in Italy. Human of the EU member states, and thus does not In Italy, the first black mayor in the country dence and employment rights. rights groups urged the European Commission to fall within the scope of EU harmonization, key is a member of the anti-immigration Northern Being a minority everywhere and widely dispersed start infringement proceedings addressing Italy’s international organizations and NGOs are keen to League party. Sandy Cane, an Italian-American across Europe and beyond it, but lacking a kin state, violation of the fundamental rights of Roma and see the EU assume a stronger role in promoting became the mayor of Viggiu, a town of 5,000 the Roma population occupies a peculiar position, Sinti enshrined in the EU Race Equality Directive Roma participation and consultation in decision- near Milan. The UK’s Independent newspaper characterized by political and social marginaliza- and the EU Data Protection Directive. By the time making processes. quoted Cane, who voted for US President tion. The Roma are not recognized as a national or of writing, no official response had been received Referring to the FCNM as representing ‘an Barack Obama in the United States and sees ethnic minority in many countries and are thus at a to the letter sent to European Commissioner for emerging international consensus’ on protecting no contradiction in a black woman running for disadvantage compared to other historical national Justice, Freedom and Security Jacques Barrot and minorities, the ECtHR reinforced the principle of an anti-immigrant party, saying, ‘To tolerate minorities, whose minority rights are protected by European Commissioner for Employment, Social non-discrimination in its decision in the case of illegal immigration above all harms those who domestic legislation as well as international trea- Affairs and Equal Opportunity Vladimir Spidla. Munoz Diaz vs. Spain. The case involved a woman enter our country with the desire to work and ties and conventions. The lack of authorized legal The FRA report identified a tendency towards, of Roma origin whose marriage was not integrate themselves and to have a normal life.’ status is a fundamental issue, as it strongly impacts ‘a more general “Roma response” covering Roma recognized by the Spanish authorities as it had Italian human rights activists just nodded in on possibilities to participate in public and politi- nationals, Roma citizens of other EU countries and been held according to Roma rites. The court resignation as this statement was in line with so cal life as well as accessing social and economic Roma third country nationals’. Such a policy, which underscored that, ‘cultural diversity is of value to much else that is xenophobic. There were media rights. Acknowledging the importance of this issue, categorizes all Roma together regardless of their legal the whole community’. reports in January 2009 that the kebab had the European Parliament, in its 2005 Resolution status, risks undermining their citizenship rights, ‘Neglect is not an option’, said the OSCE become the new target of a Northern League on the Situation of the Roma in the European infringing their enjoyment of human rights, and Contact Point for Roma and Sinti Issues at a United campaign against ‘ethnic food’ in northern Union, called on EU institutions, member states putting Roma communities in a vulnerable posi- States Helsinki Commission meeting in June 2009, Italy. The drive to make Italians eat Italian and candidate countries to consider recognizing tion. The FRA report recommends that the EU and warning that if governments do not take urgent actually led to a ban on the opening of any new the Roma as a European minority. In 2009, the its member states adopt targeted policies based on steps, tensions between majority populations and kebab and ethnic food outlets. The campaign CoE Commissioner for Human Rights Thomas ‘integrated rights- and equality-based standards pro- Roma communities will increase, with the risk of was labelled ‘gastronomic racism’ by the opposi- Hammarberg also called on states to ‘employ all moting social cohesion and delivering the promise further violence targeted at Sinti and Roma. tion and by leading chefs. Media noted some possible means to end the statelessness of Roma and of civis Europaeus sum’. Hammarberg also urged European governments confusion over what actually counts as ‘ethnic’ provide them with a nationality’. Following the first European Roma Summit in to adopt more effective and inclusive policies for the cooking, given that Sicilian cuisine is influenced The situation of Roma EU citizens migrating to 2008, the EU Council adopted a set of ‘Common Roma, stating that ‘Anti-Gypsyism continues to be by Arab cuisine. If it used French flavours, it and settling in other EU member states was also Basic Principles for Roma Integration’ in June a major human rights problem in Europe.’ would presumably survive the Italian ‘culinary a key theme addressed at an international confer- 2009, aiming at promoting the full inclusion of In fact, 2009 was marked by a sickening spiral of ethnic cleansing’. p ence organized jointly by the FRA, the Council of Roma, and making use of a policy-coordination violence against Roma across Europe. The abuse of Europe and the OSCE in November 2009. The and best practice-sharing mechanism, the Integrated six Roma boys, aged between 10 and 16 years, by FRA presented a report which detailed how many European Platform on Roma Inclusion, which was police officers in the Slovakian town of Kosice on

162 Europe State of the World’s Minorities State of the World’s Minorities Europe 163 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Below: Roma girls from Sajókaza. Sándor Naske. performed to earn a living. He also referred to and killings. Far-right groups have denied any links thorized sites, near Wickford in Essex, have also lost Roma as being, ‘a collectivist, almost tribal-level to the attacks, but emphasize the need to fight their latest battle against eviction. 21 March 2009, provoked an international outcry. social group’. A group of Hungarian human rights ‘Gypsy crime’. During 2009, the far-right Magyar In Slovakia, a wall is being built between a Roma The European Roma Rights Centre (ERRC) and AI defenders (the Hungarian Helsinki Committee, Garda (Hungarian Guard), set up by the anti-Roma settlement and the rest of the village of Ostrovany called on the government of Slovakia to ensure that the Legal Defence Bureau for National and Ethnic and nationalist Jobbik party, staged several public with the agreement of the local authorities, who an unbiased investigation is conducted and that the Minorities, the Chance for Children Foundation, events in towns and villages with large Roma com- turned a deaf ear to the claims of the Roma inhabit- perpetrators are brought to justice. The boys were the Roma Civil Rights Foundation) and the ERRC munities, who started to form self-defence groups. ants of the village who say that the wall will turn forced to hit and kiss each other and strip naked denounced these statements as irreconcilable with In the town of Sajobabony, local Roma clashed with their settlement into a zoo. while being filmed by the officers. It has also been the prohibition of discrimination as defined by the supporters of Jobbik and Magyar Garda after one It hardly comes as a surprise that in the EU alleged that the police set dogs loose on the boys Constitution. such event. Minorities and Discrimination Survey conducted and that two boys were bitten. In Hungary, anti-Roma sentiment and violence Multiple grounds of discrimination confronted by the FRA, the Roma reported the highest overall The Kosice incident is just one of a string of escalated, taking eight lives and leaving dozens by Roma women continue to be a cause of grave levels of being discriminated against of the groups attacks against the Roma community. The violence injured in a period of 18 months, between January concern. According to a letter sent to Hammarberg surveyed. According to the report, 1 in 5 Roma is reinforced by openly racist public discourse that 2008 and June 2009. In one of the attacks, a Roma by a coalition of human rights organizations in were victims of racially motivated personal crime scapegoats Roma, not only by extremist right-wing man and his 5-year-old son were shot dead as they February 2009, forced sterilization continues in (including assaults, threats and serious harassment) parties and movements, but also sometimes by were trying to escape from their house, which was the Czech Republic, Hungary and Slovakia, with and every second Roma respondent was discrimi- mainstream politicians and public figures. On 2 set on fire by Molotov cocktails moments before. cases reported as recently as last year. This was nated against at least once during the 12-month April 2009, Máté Szabó, Hungarian Parliamentary After a Roma woman was shot dead and her daugh- confirmed by the ECtHR, which ruled on 28 April period surveyed. Commissioner for Civil Rights, stated in an inter- ter seriously injured at the beginning of August 2009 that Slovakia had violated the rights of eight view with an online news portal that ‘criminality 2009, the police asserted that the incident was Roma women by denying them full access to their Cyprus categorized on an ethnic basis’ – so-called ‘Gypsy related to a series of attacks targeting the Roma; medical records, which they had sought in order The Constitution of Cyprus, which was drawn up crime’ – exists, and identified it as a type of crime four suspects were later charged with the assaults to prove that they had been forcibly sterilized after in 1960 after the country gained independence for giving birth. the first time in its history, divided the Cypriot The Czech government announced that it regret- population into two communities and cemented ted the forced sterilization of Roma women in the a rigorous bi-communalism between the Greek past. Rights activists are now hoping that Slovakia and Turkish populations on the island. Greek and will follow suit. From the 1970s until 1990, the Turkish were designated as official languages, but Czechoslovak government systematically sterilized after the 1974 division of the country, bi-lingualism Roma women in order to reduce the birth rate of in practice ended. Members of the Turkish Cypriot Roma. The Czech government decided that a series community who stayed in the government-control- of measures would be undertaken by the end of led area have not been able to exercise their language 2009 to ensure that such violations do not occur rights fully as provided in the Constitution. At in the future. In Hungary, the Ministry of Social the time of independence, members of the island’s Affairs and Labour issued a statement promising recognized three religious minorities, the Armenian financial compensation to a Roma woman for steri- Orthodox, Maronite Catholics and Roman lization undertaken against her will. Catholics (Latin), had to opt to join one of the two Substandard Roma and Traveller housing remains communities for voting purposes and all three chose a major concern across Europe. According to a to belong to the Greek Cypriot community. report issued by the FRA, the overall housing situ- These three minority groups were designated ation of many Roma and Travellers in the EU as national minorities under the FCNM, which is dire. Many live in barely habitable dwellings, entered into force in 1998. In its third periodic without basic infrastructure and with poor access to report on the application of the FCNM submitted mainstream institutions. Evictions and demolitions in April 2009, Cyprus reflected on the Advisory of Roma settlements are common across the EU. Committee’s opinion regarding the obligation In Burgas, a Bulgarian Black Sea town, 200 Roma of affiliation to either the Greek or the Turkish families protested against the planned demolition Cypriot community imposed on national minori- of their houses, built without planning permission. ties. It stated that any changes would require con- They created a human chain surrounding their stitutional amendment, which ‘would be politically houses but were finally left homeless. Gypsies and incorrect, if not practically impossible’ in the sensi- Travellers living on one of the UK’s largest unau- tive political climate of the country.

164 Europe State of the World’s Minorities State of the World’s Minorities Europe 165 and Indigenous Peoples 2010 and Indigenous Peoples 2010 in the Constitution as ‘Others’ – are denied the The ruling is expected to have huge ramifica- include the wearing of religious symbols. Cases Religious right to stand for election to those bodies. This tions in Bosnia and Herzegovina and beyond. If include Moscow Branch of the Salvation Army v. includes national minorities who have lived in correctly implemented (and at the time of writing, Russia (Application No. 72881/01, judgment minorities Bosnia and Herzegovina for centuries. In the words draft amendments to Bosnia’s Constitution and elec- dated 5 October 2006) and Leyla Sahin v. Turkey of Jakob Finci, ‘We are simply deprived of the right tion law were being considered by the Parliamentary (Application No. 44774/98, judgment dated 10 to take part in elections, we are unable to exercise Assembly, in order to bring these provisions in line November 2005). However, there are certain and the our … right, the right to be elected.’ with the ECHR in time for elections in October circumstances in which the state can place restrictions Further, although the case did not specifically 2010), it will assist in breaking down ethnic and on people who wish to wear such symbols. European address this issue, it is not only minorities through- religious divisions in the country, by encouraging Article 9 provides that such limits must be pre- out Bosnia who are disenfranchised as a result of political participation and representation, and pro- scribed by law, necessary in a democratic society Court of these arrangements. The House of Peoples has moting social cohesion. In addition, the decision – to protect public interests, including the rights 15 members distributed equally among the three offers important protection for religious and ethnic and freedoms of others – and proportionate. In the Human Rights ‘Constituent Peoples’: five Bosniaks (Bosniaks are minorities who lack electoral rights in other ECHR absence of a common approach to religious diversity recognized as Muslims and the term is distinct states, in providing a legally binding judgment that in Europe, the ECtHR gives states a broad ‘margin from ‘Bosnians’, which denotes citizens of Bosnia can be relied upon against their own governments. of appreciation’ in determining what restrictions Lucy Claridge discusses ground-breaking legal and Herzegovina irrespective of their ethnic origin/ The case is also highly significant on an international are in the public interest. In other words, it gives cases from 2009 and their implications for religion), five Croats from the Federation of Bosnia level, as it is the first time that the ECtHR has con- governments a wide and perhaps dangerous discre- religious minorities in Europe. and Herzegovina, and five Serbs from the Republika sidered how Protocol 12 of the ECHR should be tion to decide the relationship between the role of Srpska. Serbs in the Federation of Bosnia and applied to potentially discriminatory situations. As the state and the role of religion, and also what is Herzegovina (BiH) and Bosniaks and Croats in the Jakob Finci recognizes, ‘The most important thing is appropriate in each domestic context. In this way, Discrimination against minorities and Republika Srpska are therefore also excluded from that we can now ensure that all citizens … will enjoy states can justify bans on wearing religious symbols political participation standing for office. equal rights.’ in public, and still comply with Article 9 of the In a ground-breaking recent case before the Bypassing usual procedure, the case was referred ECHR. European Court of Human Rights (ECtHR), a directly to the Grand Chamber of the ECtHR and Minorities, religious freedom and the wearing of In November 2009, the ECtHR issued a conten- Bosnian Jew and an ethnic Roma successfully chal- judgment was delivered on 22 December 2009. religious symbols tious ruling, in which it declared that the display of lenged discriminatory provisions within Bosnia’s The Court found Bosnia and Herzegovina to be Accommodating religious diversity within states is crucifixes in Italian classrooms violated Article 9 of Constitution and electoral laws which deny their in breach of Protocol 12 of the ECHR, which an issue of much controversy within Europe and the ECtHR and also Article 2 of Protocol No. 1, right to public participation. The case is the first provides for the right to equal treatment and non- beyond. In fact, Europe has not reached agreement which protects the right to education, on the grounds time that the ECtHR has looked at how to apply discrimination, in failing to allow its citizens who on how states should reconcile freedom of thought, that it is contrary to a parent’s right to ensure her relatively recently enacted anti-discrimination pro- are not ‘Constituent Peoples’ to stand for election conscience, religion or belief with the rights to child’s education and teaching in conformity with visions of the European Convention on Human to the presidency. The Court also found a violation freedom of expression, freedom of association, her religious and philosophical convictions (Lautsi v. Rights (ECHR). of Article 14 of the ECHR, which provides for respect for private and family life, the prohibition Italy, Application No. 30814/06; judgment dated 3 Jakob Finci, a prominent Jew, and Dervo Sejdić, freedom from discrimination, taken in conjunction of discrimination and the right to education. It is November 2009). of Roma ethnicity, argued that the country’s with Article 3 of Protocol No. 1, which protects therefore not surprising that the extent to which Soile Lautsi, a parent and citizen of both Finland Constitution and election law are discriminatory free elections to the legislature, as a result of the governments can determine and indeed control the and Italy, had claimed that Italy’s administrative in preventing them from running for or being ineligibility of ‘Others’ – including national and wearing of religious symbols and clothing in public law requiring the compulsory display of the crucifix elected to the presidency or upper house of the religious minorities – to stand for election to the areas, for example a headscarf, turban or crucifix, in every state school classroom violated the right of parliament. In particular, the applicants argued House of Peoples. has been continuously tested and challenged both parents to ensure their children’s education in con- that this discrimination was based solely on the Of particular importance is the judgment’s con- in domestic courts and in the ECtHR. This issue formity with their own religious and philosophical grounds of their race/ethnicity and, in the case of firmation that racial and religious discrimination can has received most attention in the context of public convictions. Finci, his religion. MRG represented and advised rarely, if ever, be justified. Referring to previous case educational institutions, where there is a perceived In reaching its decision, the Court held that Finci throughout. law, the Court stated that ‘racial discrimination is a need to avoid schools becoming places of religious the right to education under Article 2 of Protocol Bosnia’s Constitution and electoral law state that particularly egregious kind of discrimination’, which indoctrination rather than of education, as discussed 1 is aimed at safeguarding pluralism and social only members of the ‘Constituent Peoples’ – ethnic ‘requires … special vigilance and a vigorous reaction’ in two key cases below. inclusion in a state’s educational system. The Serbs, Croats and Bosniaks – are eligible to stand and which is not ‘capable of being objectively justi- According to Article 9 of the ECHR, everyone right also protects respect for the religious and for election to the three-member presidency of the fied in a contemporary democratic society built on has the right to manifest their religion or belief in philosophical convictions of parents. The state House of Peoples of the Parliamentary Assembly. the principles of pluralism and respect for different teaching, worship, practice and observance. This must therefore avoid, even indirectly, imposing Those who are not ‘Constituent Peoples’ – defined cultures’. has generally been interpreted by the ECtHR to beliefs on children. The presence of the crucifix

166 Europe State of the World’s Minorities State of the World’s Minorities Europe 167 and Indigenous Peoples 2010 and Indigenous Peoples 2010 could easily be interpreted by pupils of all A long-standing country of emigration, Cyprus backed up by any statistical evidence regarding a sup- of employment and education, including efforts to ages as a religious sign, and they would feel has experienced a rapid transformation into a host posed growth of criminal activity among migrants. promote and foster the linguistic abilities of chil- that they were being educated in a school country for immigrants. This is due to a number dren. However, ECRI also expressed concerns over environment bearing the stamp of a given of factors, including the easing of restrictions on Germany some aspects of the AGG, in particular regarding religion. It concluded that, where the state has crossing the Green Line dividing the northern and ‘Much has been achieved in the fight against racism housing. The report confirms human rights groups’ an established religion, it has a special duty southern parts of the country, as well as accession in Germany over the past few years. Yet much still concerns about the limited knowledge of potential to protect the religious freedom of others, to the EU in 2004. KISA and the 2009 European needs to be done,’ concluded Githu Muigai, the victims about their rights under the AGG, and particularly those in a religious minority. Social Watch Report on Migrants point out that UN Special Rapporteur on contemporary forms of emphasizes that the Act’s effectiveness is hampered The judgment has sparked much debate, with migration to Cyprus is widely viewed as a temporary racism, racial discrimination, xenophobia and relat- by the two-month time-limit for initiating a com- widespread condemnation from both Italian phenomenon – that the country is seen as a tran- ed intolerance during his 10-day visit to the country plaint. According to the report, the latter issue is politicians and the Vatican, who declared, ‘It sit stop for most third-country nationals on their in July 2009. In a statement issued in Berlin, the compounded by the limited role afforded to NGOs seems as if the court wanted to ignore the role journeys towards other European countries. Hence, UN Special Rapporteur emphasized that Germany under the law. According to the ECRI 2009 report, of Christianity in forming Europe’s identity, migration policies tend to put less emphasis on needs to broaden its concept of racism from one the Federal Anti-Discrimination Agency, with its which was and remains essential.’ At the time of integrating the growing migrant population, many associated only with right-wing extremists to one small staff and annual budget, appears to have rela- writing, a request to refer the case to the Grand of whom have settled in Cyprus. Migrants can only that also encompasses the discrimination and harass- tively few resources to carry out its statutory tasks. Chamber, the Court’s highest chamber, is yet to stay if they are enrolled in higher education or are ment occurring in everyday life, particularly towards Germany’s repatriation policies for members of be decided. p working. This leaves many migrants vulnerable to migrants. Thus, Germany has to step up its efforts Roma, Ashkalia and Egyptian (RAE) minority com- exploitative working conditions. to integrate its migrant population. munities to Kosovo prompted CoE Commissioner The Migrant Cities study by PRIO Cyprus (the The gap in the educational achievements of for Human Rights Thomas Hammarberg and the International Peace Research Institution) shows migrant pupils and of native Germans remains UN High Commissioner for Refugees (UNHCR), In September 2009, the Committee of Ministers Cypriot society reacting to the presence of migrants significant and is steadily increasing. Poverty, other as well as minority rights organizations such as of the CoE adopted a series of recommendations with both incidents of racism and xenophobia, and socio-economic hurdles, plus a migrant background MRG and the Kosovo-based Roma and Ashkalia regarding the application of the European Charter a wider lack of interest, ‘a small, extreme, racist reduce the educational opportunities of migrant Documentation Centre (RAD), to investigate the for Regional or Minority Languages, which Cyprus minority … is opposed to the presence of migrants children, and differences remain in place even state of minorities forcibly returned to Kosovo ratified in 2002. Under the Charter, Armenian … [but] the majority simply does not care about between children of the same general socio-eco- from Germany. Among the countries that have and Cypriot Maronite Arabic are acknowledged the experience, conditions, problems, or joys of nomic background. At the same time, young people readmission agreements with Kosovo concerning as minority languages. After reviewing the state of migrants in Cyprus and this perpetuates a situa- with a migrant background have considerably fewer the forced repatriation of members of the RAE minority languages in 2009 the CoE recommended tion of “living apart” and not “together”,’ said Olga chances to enter further education and vocational communities to their country of origin (includ- the development of a structured policy for the pro- Demetriou, a project leader at PRIO Cyprus at the and professional training than their German coun- ing Austria, Sweden and Switzerland) Germany, motion of Armenian and Cypriot Maronite Arabic, launch of the report in 2009. terparts. This trend is confirmed by the 2009 with the majority of RAE refugees living in the including targeted financial support and teacher A police sweep operation carried out in September country report of the CoE’s ECRI, which also notes country, is the biggest sender. From 1999 until the training initiatives. Some members of the Roma 2009 in search of illegal immigrants and those respon- that some teachers reportedly display discrimina- end of August 2009, there were 92,240 voluntary community speak a mix of Turkish and Kurbetcha, sible for a violent clash between worshippers at the tory attitudes in the classroom, in particular towards returns and 21,852 forcible returns. The UNHCR which is not acknowledged as a regional or minority Omeriye mosque a month earlier led to a further Turkish and Muslim children. confirmed in a report in November 2009 that the language, however. And the CoE notes that Turkish deterioration of the relationship between Cypriots In 2008, the first court decisions within the con- situation of minority communities in Kosovo is is in a very similar situation in government-con- and the migrant population. The police were heavily text of the General Equal Treatment Act (AGG) precarious, and that ‘respect for minority rights trolled areas, despite its status as being one of the criticized by members of ENAR-Cyprus and KISA for were taken. The AGG came into force on 18 August continues be the most significant human rights official languages of the country the raids in the old town of Nicosia, which started at 2006; it implements the EU’s equal treatment direc- issue in Kosovo in the post-independence era’. The strict bi-communal institutional structure has 5 a.m. and involved 247 police officers. According to tives and extends protection against discrimination The social, political and economic exclusion of been criticized by human rights groups advocating the Cyprus Mail, the police alleged that the operation, on the grounds of race or ethnic origin, gender, Kosovo’s minorities is a remaining issue, and after for the rights of minorities and migrants living on the involving the blockage of six exit points from the old religion or belief, disability, age or sexual orientation attacks on Roma by Kosovo Albanians in September island, such as the Nicosia-based KISA – Action for town and house searches, was intended to ‘prevent to public employment and a number of private law 2009, the CoE’s Committee of Experts on Roma Equality, Support, Anti-racism. They argue that it crime, combat illegal immigration and restore the fields. In 2009, however, ENAR members raised and Travellers called on states to consider granting fails to address the needs of the country’s minorities sense of security in the old town’. The raid ended concerns that neither the AGG nor the Federal asylum to members of the Kosovo Roma commu- and migrants. As KISA argues, the division of the with 150 migrants being taken to police stations for Anti-Discrimination Agency are providing effective nity. Referring to the UNHCR report and his own island in 1974 further alienated the two main com- identification; there were 12 arrests in connection protection for victims of discrimination and that the repeated visits to Kosovo in March and July 2009, munities and consolidated the conviction that ethnic with the Omeriye mosque violence and 36 for illegal latter fails to meet its obligations adequately. Hammarberg sent a letter to the Chancellor of or religious difference is a potential threat. Minorities residence. A number of organizations staged a dem- In its 2009 report, ECRI noted positive develop- Germany, Angela Merkel, in December 2009, urg- who had opted for the Greek Cypriot community onstration on 4 October 2009 to condemn the police ments, such as a number of government measures to ing the German government to halt forcible returns, continue to live in the Turkish part of the island. operation, which they saw as discriminatory and not eliminate inequalities or discrimination in the fields in particular of Roma.

168 Europe State of the World’s Minorities State of the World’s Minorities Europe 169 and Indigenous Peoples 2010 and Indigenous Peoples 2010 The ultra right-wing remains a serious problem the SS as a concentration camp guard during the ering religious clothing was however introduced for In the national report submitted to the UN in Germany. ‘Germany for Germans!’ and similar Second World War, was widely seen as breaking teachers, parents and students in educational settings, Universal Periodic Review, the term ‘extremist slogans are frequently heard at rallies all over new ground. In the decades following the war, the and also for government officials interacting with crime’ was used again by Russian state authori- Germany. Moreover, national socialism appears to German authorities prosecuted only top leaders of the the general public. In May 2009, a court ruling also ties, who officially acknowledge the existence and have support beyond those who appear in public Nazi regime for the Holocaust. Guards and others introduced the requirement that female school staff increase of such crimes and provide some statistics. demonstrations. According to an annual report working in the concentration camps were seen as act- shake hands with males in greeting, even if this goes ‘Extremist crime in Russia is on the rise. In 2004, published in May 2009 by Germany’s Federal ing under command and thus had limited culpability. against their religious affiliation. 130 extremist acts were carried out; in 2005, 152 Office for the Protection of the Constitution, there While a government report released in 2009 shows were registered, while the figure rose in 2006 to are nearly 5,000 militant neo-Nazis, while 30,000 The Netherlands that integration of ethnic and religious minorities has 263 and in 2007 to 356. In the first half of 2008 Germans consider themselves as having extreme Discussions concerning the position of Muslims in improved in the last couple of years, human rights alone, 250 were registered.’ The Moscow-based right-wing views. the Netherlands featured prominently in the public groups and the CoE indicated otherwise. Human SOVA Centre for Information and Analysis prefers However, far-right parties have suffered a sharp debate on discrimination and racism during 2009. rights group Defence for Children International the term ‘hate crimes’ and reports that, according decline in votes in the 2009 national elections Islam is frequently portrayed as a threat to Dutch warned that the rights of migrant and refugee chil- to their research, there were 525 victims (of whom compared to four years ago. The two prominent far- society by politicians and public figures. After the dren are inadequately guaranteed in the Netherlands, 97 died) of racist violence in 2008. The follow- right parties, the National Democratic Party and the far-right Freedom Party leader Geert Wilders made and that those separated from their parents are vul- ing year, 48 people had been murdered and 253 German People’s Union between them won support a controversial film equating Islam with violence nerable to abuse or ill-informed about their rights. injured by September as a result of racist attacks. from 681,000 voters, well down from the 858,000 and the Qur’an with fascist texts, an Amsterdam CoE Commissioner for Human Rights, Thomas Many violent attacks are reported against members who voted for them in 2005 when the parties court ordered prosecutors to put him on trial. The Hammarberg, also emphasized that ‘policies towards of the Armenian, Jewish, Muslim and non-Russian entered into an electoral pact. The outcome meant decision followed numerous complaints by human migrants and asylum-seekers require further review’ Orthodox Christian communities. that only 1.5 per cent of the 44 million Germans rights groups and citizens over the prosecution serv- in the country report presented in March 2009. Comprehensive figures on the actual numbers of who turned out to vote in 2009 supported the ices’ refusal to press charges against Wilders, and Addressing issues concerning discrimination and racially motivated or xenophobic attacks are hard to extreme right parties, although in some states, such stated that, ‘in a democratic system, hate speech is intolerance, the rights of the child, anti-terrorism establish, as victims and their families may be loath as Saxony, support for the NDP reached 4 per cent. considered so serious that it is in the general interest measures and ethnic profiling, the Commissioner to approach the authorities. However, as AI reports, Support for Islam to be granted the same legal to … draw a clear line’. The court order is notable, recommended that the protection of minority rights despite the government’s call for harsh punishments status as Christianity and other recognized religions as Dutch courts tend to be reluctant to restrict be strengthened. for those convicted of such crimes, no comprehen- is growing in the country and is being actively freedom of expression when it concerns statements sive government plan to combat racism and racial discussed by the main political parties. The Green made by politicians and public figures. Wilders Russia discrimination has been put in place. In 2008, Party expressed its support for taking concrete attracted headlines in the UK during 2009, when With the collapse of the Communist bloc and the Russian NGOs presented an alternative report to steps in this direction. Interior Minister Wolfgang he was stopped from entering the country. He had emergence of post-Soviet states in the territory of the UN Committee on the Elimination of Racial Schäuble of the Conservative Christian Democratic been invited by the Eurosceptic UKIP to screen his the Former Soviet Union, the Russian Federation Discrimination (CERD) that examined Russia’s Union has said that this is his long-term aim, but film, but the then Home Secretary Jacqui Smith has experienced considerable political, economic compliance with the International Convention also stated that Muslim communities are still some banned his entry. The ban was later overturned by and social change during the last decades. Growing on the Elimination of All Forms of Racial way from meeting the requirements that have to be a High Court decision, leading to Wilders’ visiting nationalism, xenophobia, racism and religious Discrimination. The alternative report confirms that fulfilled under the German Constitution, including the UK in March 2010. He screened the film at the intolerance have become increasingly visible. After the Russian government has become more active in the ability to provide teachers to educate children House of Lords, upon UKIP’s invitation. a steady rise in ethnic violence, official statements opposing racist violence and hate speech. For exam- enrolled in state schools about their faith. The crea- Muslims constitute around 5.2 per cent of the concerning hate crime were first made in 2004, when ple, the numbers of persons charged with incitement tion of the German Islam Conference (DIK) could population and are mainly concentrated in larger cit- a 9-year-old Tajik girl was killed. According to the of ethnic hatred has increased, and a number of top be an important symbol of change. The goal of ies. According to 2008 figures of the Central Bureau Equal Rights Trust, the acting Interior Minister at officials have acknowledged and condemned ethni- the Conference is to ensure better integration of of Statistics, there are approximately 373,000 Turks that time, Rashid Nurgaliyev, admitted that ‘acute cally motivated violence and the incitement of racial Muslims and to promote inclusive communities by and 335,000 Moroccans; other Muslims come from manifestations of extremism’ towards visible minori- hatred. Nevertheless, the NGO alternative report counteracting segregation and preventing extremism. the country’s former colony of Suriname or are ties existed in the country. Incidents of racial vio- points out that, in spite of an increasing prosecution Two prominent court cases in 2009 helped to asylum-seekers from the Middle East. As the 2009 lence were identified as ‘extremist crimes’ that were rate for hate crimes, this should be viewed in light highlight racism and hate-motivated crimes. A report of the US Commission on International threatening the security of Russia. The 2009 National of the scale of hate crimes and the amount of racist German man was sentenced to life imprisonment Religious Freedom (USCIRF 2009) notes, the Security Concept of the Russian Federation states propaganda being distributed. According to NGO for the brutal murder of a pregnant headscarved Turkish government appoints imams for most of the that ‘ensuring national security includes countering estimates, hate crimes have been growing by about Egyptian woman, Marwa El-Sherbini. The killing more than 200 Turkish mosques in the Netherlands. extremist activity by nationalist, religious, ethnic and 20 per cent a year and have become increasingly sparked outrage in Sherbini’s home country and led The Dutch government provides funding for educa- other organizations and structures directed at disrupt- violent, often involving weapons and explosives. to renewed debates about Islamophobia in Germany. tion in religious schools and other religious institu- ing the Russian Federation’s unity and territorial The NGO alternative report criticizes the Russian The trial of the 89-year-old John Demjanjuk, a tions. Headscarves are in practice permitted almost integrity and destabilizing the domestic political and government’s approach towards combating hate Ukrainian-born Soviet prisoner of war who joined everywhere, including in schools. A ban on face-cov- social situation in the country’. crimes, arguing that it is too limited and selective

170 Europe State of the World’s Minorities State of the World’s Minorities Europe 171 and Indigenous Peoples 2010 and Indigenous Peoples 2010 when suspending or terminating mass media outlets laws exist that ban Wahhabism, a term increasingly in Iraq continue to be dangerous for minority or NGOs that disseminate hate. The report states used by government officials, journalists and the ‘They told groups. that this shifts ‘the focus of preventing and eliminat- public to mean Islamic extremism. The Russian Zeena, a 44-year-old Assyrian woman, and ing discrimination from protection of the individu- NGO Memorial reports that Muslims considered me I did not her three children, aged 17, 15 and 9, have been al’s rights and dignity to a fight against those whom ‘overly devout’ may be arrested or be ‘disappeared’, in Sweden since December 2007 waiting for the state deems its opponents’. especially in the North Caucasus. Inter-community their appeal to be accepted. All they have had is The 2002 Law on Extremism (amended in July tensions and anti-Islamic sentiments resulting in deserve to stay rejection. Zeena said the response to her appeal 2006) was also mentioned in USCIRF 2009 for discrimination persist after the 2004 school siege in states that Iraq is a safe country and that she and its impact on religious minorities, particularly the Beslan, North Ossetia, with no intervention by the in Sweden’ her family do not need to stay in Sweden. Muslim community, by allowing the criminalization authorities. Muslim communities face difficulties in But Zeena’s experiences in Iraq have been far of a wide spectrum of speech and activities. The law opening and maintaining mosques. from safe. Before leaving the country, Zeena’s risks encouraging racial and religious discrimination. According to USCIRF 2009, there are at least 80 For Iraqi refugees fleeing the current conflict, family faced daily bomb threats and her husband, USCIRF placed Russia on its watch list in 2009. As Russian-based anti-Semitic websites and approximately arrival in Sweden can seem like the start of who is still in Iraq, has been threatened by the report notes, security services tend to treat the 100 small, ultra right-wing newspapers that regularly a new life. But many are finding that their gunmen. Like many other minority communities leaders of some Islamic groups, and groups termed print anti-Semitic and Islamophobic materials. difficult journey to the country only ends in in the country they were forced to stay at home ‘non-traditional’, such as the Jehovah’s Witnesses, as official rejection and the risk of being returned. and not go to work or, as a final choice, to leave a security threat. Sweden For Iraqis from minority religious and ethnic the country. After she and her family decided to The Federal List of Extremist Materials is updated In the second half of 2009, Sweden held the communities, this is particularly difficult to make a new start, they initially went to Syria and four times a year by the government. According to Presidency of the EU. The Swedish Presidency face. Zeena*, an Iraqi Christian mother of stayed there for two months. the human rights group Forum 18, in May 2009, was open to working with NGOs in the negotia- three, tells Suzan Ayyildiz about Of Sweden she says: ‘[I] hoped this would be there were 367 items on this list of banned publica- tions on the draft EU Equal Treatment Directive her experiences. a place where there is no worry about safety.’ tions. While the list of banned texts includes extreme but could not achieve its adoption before the end However, arriving in the country was only the nationalist and anti-Semitic publications, it also com- of its Presidency. The UN High Commissioner first step. Now, Zeena has to deal with the prises Islamic religious texts. Publication of the texts for Refugees and other human rights organizations Since the US-led invasion of Iraq in 2003, complications of her claim to gain her legal status. on the list can be punished with a four-year prison working on protecting the rights of asylum-seekers many Iraqis fear for their safety on a daily basis. She says, ‘[The authorities] told me that I did not term. One problem identified by USCIRF is that and migrants called on the Swedish government to Minority groups, such as Chaldo-Assyrians, suffer deserve to stay in Sweden.’ But for her there is no even low-level local courts, with little knowledge of reassert the importance of a rights-based approach to in particular. They and their places of work and other option. Sweden is where she and her children religious doctrine, can ban texts, with the result that migration and border controls within the framework worship are physically targeted by extremist groups are finally beginning to feel safe. the ban is enforced throughout Russia. of the ‘Stockholm Programme’, which was adopted in an attempt to make them convert or leave their Many appeals are rejected but people want to Although the 1997 legislation concerning reli- during the Presidency and sets out key priority areas homes. This constant threat to their security has keep their hopes up, as Zeena has done so far. She gious practice grants protected status to the four for the EU in the area of justice and home affairs. led many members of minority groups to flee the says that she will renew her appeal as returning to founding religions recognized by the state (the A key achievement during the Swedish Presidency country in search of a new beginning. Iraq is not an option. ‘Nobody threatens us here; Russian Orthodox Church, Buddhism, Islam was the entry into force of the Lisbon Treaty and In October 2009, the UNHCR reported that we are part of the society but only not legally,’ she and Judaism), human rights reports highlight the the establishment of the European Charter of the number of asylum-seekers originating from adds. She and her children feel free to participate privileged status accorded to the Russian Orthodox Fundamental Rights as a legally binding document. Iraq has consistently been the highest for the last in social activities in Sweden. Her children can Church, including official arrangements to pro- Domestically, an important milestone in the four years, with 13,200 Iraqis making claims in the go to school and she can go out to meet with her vide spiritual counselling and conduct religious protection of minorities was the adoption of the first half of 2009 alone. The majority of the claims friends or see her lawyer, although there is always education. The country’s other religious communi- new Discrimination Act by the Swedish Parliament, made by Iraqis in the last four years were made to doubt about being deported. ties, such as Jehovah’s Witnesses, Orthodox Old which entered into force on 1 January 2009. The Germany, the Netherlands and Sweden. Sweden There are many stories like Zeena’s; despite the Believers, Protestants, Roman Catholics and others Act outlaws discrimination based on gender, ethnic- has been a popular destination for Assyrians in tougher laws, asylum-seekers from Iraq continue must accept greater government control. In 2009, ity, religion, disability, sexual orientation, gender particular, as there is an existing Chaldo-Assyrian to seek refuge in Sweden, the rest of Europe and the Russian government established the Expert identity and age. It also established a new watch- community there. worldwide. Many will face being returned; but, Religious Studies Council, which has been criticized dog, the Equality Ombudsman, which is headed However, there has been a sharp decline in particularly for those from minority communities, p for its over-broad mandate. The Council has among by Katri Linna, the former Ombudsman against asylum claims to Sweden since 2007, when a it is a ruling that seems impossible to follow. its powers the right to investigate religious groups at Ethnic Discrimination. The reform streamlines the migration court ruled, ‘that the situation in Iraq the time of registration and their written materials. ombudsman function and gathers four of the previ- was not one of “armed conflict”’. The implication *Names have been changed to protect identities Increasing discrimination against Russia’s approx- ous ombudsman posts into one authority. of the above ruling is that many of these refugees imately 20 million Muslims was also reported by the According to national population statistics, up may now be turned away, even though conditions Edited by Rahnuma Hassan USCIRF 2009. In parts of the country, for example to the first quarter of 2009, the largest group who the regions of Kabrdino-Balkaria and Dagestan, immigrated to Sweden were returning Swedish citi-

172 Europe State of the World’s Minorities State of the World’s Minorities Europe 173 and Indigenous Peoples 2010 and Indigenous Peoples 2010 zens (3,857), followed by Iraqis (2,451) and Somalis Iraq, whereby rejected asylum-seekers could be ‘Many things were done in this country for years. While the minister’s opening was welcomed by (1,305), who are the largest African community in forcibly returned to Iraq. Prior to this, only Iraqi People from different ethnic backgrounds were the pro-Kurdish Democratic Society Party (DTP), Sweden (about 25,159 people). According to a 2005 nationals who agreed to be returned were accepted expelled. This was the result of a fascist approach.’ many Kurds and intellectuals, it was criticized by report submitted to the OSCE by the International by the Iraqi authorities. Those returned go back Government representatives organized workshops others for being unclear. Moreover, the initiative Helsinki Federation for Human Rights, Sweden to an uncertain future. MRG’s 2009 report on with representatives of Roma NGOs, Alevi NGOs was followed by various developments that did not has the largest number of Roma in the Nordic Iraq’s uprooted minorities cited an August 2009 and non-Muslim minorities, which were welcomed fit with its stated aims. The DTP was closed down, countries with about 50,000 Roma living there. Swedish Radio News investigation which revealed by some but criticized for not resulting in any con- 37 party members were banned from political There are numerous religious communities in the that Iraqi Christians whose asylum applications crete progress. activities and two MPs were removed from office country; their numbers are estimated on the basis of had been rejected by the Swedish government and The ‘Ergenekon case’ (concerning suspects following a decision by the Constitutional Court statistics submitted by religious organizations as the who have been forcibly or voluntarily returned to accused of involvement in an alleged military coup in December 2009. Soon after, many members of government does not register the religion of citizens. Baghdad, are once more fleeing the country. Out of in October 2008) continued in 2009. It saw the the DTP, including some mayors, were detained Approximately 5 per cent (450,000–500,000) of 25 interviewed for the programme, including seven accused brought before the courts for the first time. following accusations that they were members of the population is Muslim; the Jewish community children, ‘all but one are now on the run again from A military-backed strategy aimed at reducing public the banned Kurdistan Workers’ Party (PKK­) or the estimates that among Sweden’s 20,000 Jewish peo- widespread persecution in Iraq’. support for the ruling Justice and Development Party Kurdistan Communities Union (KCK), which is ple there are 8,000 practising members. As stated Despite the establishment of a hate crime unit by (AKP) and reportedly drafted in April 2009, was alleged to be the urban arm of the PKK. by USCIRF 2009, religious education covering the Stockholm County police to train police offic- disclosed by daily newspaper Taraf in June 2009. Despite the government’s initiatives, no concrete all major world religions is compulsory in public ers to detect and inform the public of hate crimes, Likewise, the ‘Cage Operation Action Plan’, allegedly progress was achieved during 2009 regarding the schools and a government authority was established and its subsequent expanded role to cover the whole drawn up in March 2009 to target, harass and attack treatment of minorities. The government remains in 2003 to promote the protection of human rights country in 2009, racism within the police caused a non-Muslim minorities, and mentioning the kill- reluctant to review constitutional provisions. and the values of tolerance and democracy. major uproar in Sweden. Police officers were caught ings of three Zirve Publishing staff, the 2007 murder Ethnic minorities, including Caucasians, Kurds, Religious and ethnic discrimination continues to on video using racist insults during a riot in an eth- of journalist Hrant Dink and the 2006 murder of Laz and Roma, are not recognized as minorities be a concern, however. Swedish members of ENAR nically mixed neighbourhood in Malmo and some Father Santoro, a Catholic priest, was also published and are therefore not fully guaranteed a number reported that individuals originally from Middle 50 officials adopted racist names while role-playing by Taraf in November 2009. The plan apparently of rights or services, including access to media in East and Africa are subject to greater levels of rac- criminals and suspects during a training exercise. sought to blame the AKP for those deaths, Turkish their own languages and mother tongue education ism and discrimination. Roma also face widespread The police chief subsequently promised an inde- media reported, and was meant to garner support for or training. discrimination. pendent inquiry into racism within the police. the suspects in the Ergenekon case. In 2009, several racist attacks against Kurds and In August 2009, MRG raised concerns about the Meanwhile the leader of the far-right Sweden In addition to killings of non-Muslims since Kurdish politicians took place. Some human rights practice of Swedish authorities of forcing Roma to Democrats openly argues against Muslims in the 2007, the accused in the Ergenekon case are report- organizations, such as the Contemporary Jurists’ return to Kosovo, where they face discrimination country, saying that ‘Islam is Sweden’s biggest edly linked to various extra-judicial killings that Association, criticized public officials for not tak- and other violations of their human rights. MRG threat’ since the Second World War. Jurists believe took place in the 1990s in south-eastern Turkey. ing effective measures to prevent these attacks or warned that: that the text, which appeared in the opinion sec- While a section of Turkish society and intellectuals conduct proper investigations. The military still has tion of the Aftonbladet newspaper in October 2009, has been supporting the prosecution of these acts, in influence on the country’s political discourse as well ‘Sweden should ensure that before it returns Kosovo qualifies as hate speech and agitation against an the hope that Turkey will face its past and make a as on its judiciary, and there is a separate judiciary Roma, circumstances are created which allow them to ethnic group. But Chancellor of Justice Göran fresh start that will ensure equal treatment of all citi- for members of the military services. live in dignity and without discrimination … most Lambertz said he was not considering launching zens, the military, nationalists, republicans and the are placed on planes without any aid and dropped at an investigation into whether the article violates main opposition party have been strongly critical. Religious minorities the airport in Kosovo without any support in terms of Swedish rules governing freedom of expression. Another important positive development was the Changes are needed to Turkey’s policies and legal housing, employment or health care.’ The party, founded in 1988, argues that Sweden ‘Democracy Opening’, which was initially called the and administrative mechanisms regarding the should remain a homogeneous society by drastically ‘Kurdish Opening’. Announced by the Minister of treatment of religious minorities. The government AI also criticized Sweden for the treatment of cutting the numbers of immigrants. It has recently the Interior in July 2009, it aimed to bring about still refers only to the 1923 Treaty of Lausanne, asylum-seekers from Iraq. In its 2009 country made gains in local elections and there are fears that equality for all citizens, including Kurds, Alevis, which, while guaranteeing specific rights to non- report, AI cited the UN Committee Against Torture it may win a seat in the national parliament in the Roma and non-Muslim minorities. The Minister Muslim minorities, has not kept up with develop- (CAT), which raised serious concerns about the 2010 national elections. of the Interior met journalists, NGO staff and ments in international human rights standards. practice of Swedish authorities of keeping asylum- representatives of different sections of society in Moreover, Turkey continues to violate the Treaty of seekers in detention before deportation without Turkey August 2009 to discuss finding a peaceful solution Lausanne by applying it only to Armenians, Rums any time-limits set by law. According to the report, Contributed by Nurcan Kaya to the Kurdish question. Later, the minister briefly (members of the Eastern Orthodox community) most new applications for asylum were rejected In 2009, Turkish state policy on minorities began shared the contents of these talks in a speech before and Jews. This leaves other non-Muslim groups, by the Migration Board on the grounds that there to be discussed openly for the first time in the his- parliament on 13 November 2009. As with the such as Assyrians, Baha’is, Chaldeans, Protestants was no internal armed conflict in Iraq. In February tory of the Republic. At a congress that took place Ergenenekon case, the opposition and nationalists and Yezidis outside the scope of the Treaty. 2008, an agreement was reached by Sweden and on 23 May 2009, Prime Minister Erdoğan stated, accused the government of betraying the state. Furthermore, Turkey has limited the property and

174 Europe State of the World’s Minorities State of the World’s Minorities Europe 175 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Left: A Kurdish nomadic family sit outside a cave to volunteer at their churches. According to Topuz, where people lived until forced to settle by the American, British and German volunteers in Izmit government. Carolyn Drake/Panos. were expelled on the basis of not having work permits, although they were volunteering at their church. p their problems and possible solutions for the first time. Bianet, an online news agency, reported in November 2009 that these workshops were criti- cized by some Alevis for not being sufficiently con- crete in finding any solutions. Alevi NGOs organ- ized a conference in November 2009 to demand equal treatment, including the removal of the com- pulsory classes from the school curriculum and the official recognition of Cemevis as places of worship. The very small Jewish community in Turkey, comprising approximately 23,000 people, is fac- ing increasing discrimination. According to a 2008 Pew survey on European attitudes toward Jews and Muslims, 76 per cent of respondents in Turkey had a negative view of Jews, compared to 49 per cent in 2004. A 2009 study on radicalism by Yilmaz Esmer, a professor at Bahçesehir University, showed that 64 per cent of Turks in 34 cities stated that they do not want Jewish neighbours. In response, the community has initiated an outreach programme. For example, Chief Rabbi Ishak Haleva is conduct- ing inter-faith prayer services at the Neve Shalom synagogue in Istanbul, the site of previous extremist attacks, including a car-bombing in 2003 that left more than a dozen people dead and many injured. Timur Topuz, President of the Board of the Istanbul Protestant Churches Foundation estimates education rights of Armenians and Rums, in viola- of the Zirve Publishing House in Malatya are still that there are 5,000 Protestant Christians in Turkey. tion of the Treaty. pending. The police officers, who were accused of Although the Law on Constructions (Law no. The Law on Foundations (Law no. 5555) that negligence for failing to protect Dink despite hav- 3194) allows new church es to be built and opened, entered into force in February 2008 allows non- ing received intelligence that his murder was being Protestants report that they face bureaucratic obsta- Muslim foundations to apply to recover properties planned, remain in their posts. No case was brought cles when seeking recognition from municipalities. seized by the state in the 1970s, but only if they against them in 2009 despite attempts by human According to the regulations, places of worship need are still in the hands of the state. According to rights lawyers. to be at least 2,500 square meters – a requirement the European Commission’s 2009 Turkey Progress Alevis are still not acknowledged as a diverse which is almost impossible to meet. However, the Report, 1,393 applications were lodged by non- group, different from Sunni-Muslims. Their places Istanbul Protestant Church did gain legal status, Muslim foundations to recover their properties of worship, ‘Cemevis’, are not recognized by author- despite not meeting this requirement. Protestant before the deadline of August 2009. The law does ities. Alevi children are obliged to attend compul- churches also have problems when setting up non- not guarantee the return of, or compensation for sory ‘religious culture and ethics’ classes which profit foundations. According to Topuz, their foun- properties belonging to non-Muslim foundations focus on Sunni Islam, despite the ECtHR’s ruling dation is the only one that is officially recognized. that were seized and sold to third parties. in Hasan and Eylem Zengin vs. Turkey, issued on 9 Although missionary activities are legal in Turkey, Discrimination and racist attitudes towards October 2007, which found that the classes violated prejudice and harassment are common against non-Muslim minorities are widespread. The cases the Alevi children’s right to education under Article Protestants. They receive threats by email, phone or brought against the accused of the racially motivated 2 of the first Protocol to the ECHR. post; mostly these are not properly investigated and murders of the Armenian journalist and human Beginning in June 2009, government representa- judicial proceedings are slow. Another problem is rights activist Hrant Dink and the Christian staff tives organized workshops with Alevis to discuss that non-Turkish citizen Protestants are not allowed

176 Europe State of the World’s Minorities State of the World’s Minorities Europe 177 and Indigenous Peoples 2010 and Indigenous Peoples 2010