TABLE OF CONTENTS Table of Contents Acknowledgements ................................................. 5 Preface .................................................................... 9 Foreword .............................................................. 11 Overview .............................................................. 13 The Situation of Muslims in France ...................... 69 The Situation of Roma in Germany .................... 141 The Situation of Muslims in Italy........................ 225 The Situation of Roma in the Spain .................... 281 The Situation of Muslims in the UK ................... 361 EU ACCESSION MONITORING PROGRAM 3 ACKNOWLEDGEMENTS Acknowledgements The EU Accession Monitoring Program of the Open Society Institute would like to acknowledge the primary role of the following individuals in researching and drafting these monitoring reports. Final responsibility for the content of the reports rests with the Program. France Valerie Amiraux CNRS/CURAPP, University de Picardie Jules Verne Nardissa Leghmizi PhD candidate, University Paris Sud Jean Monnet Germany Alphia Abdikeeva EU Accession Monitoring Program Rudolf Kawczyński Rom and Cinti Union Herbert Heuss Project Bureau for Roma Initiatives – PAKIV Germany Italy Silvio Ferrari Faculty of Law, University of Milan Filippo Corbetta Lawyer, Milan Gianluca Parolin Faculty of Law, University of Turin Spain Ina Zoon OSI consultant United Kingdom Tufyal Ahmed Choudhury Department of Law, University of Durham EU ACCESSION MONITORING PROGRAM 5 MONITORING THE EU ACCESSION PROCESS: MINORITY PROTECTION ADVISORY BOARD MEMBERS: MINORITY PROTECTION Nicolae Gheorghe Adviser on Sinti and Roma Issues, OSCE-ODIHR Herbert Heuss Project Bureau for Roma Initiatives – PAKIV Germany Gábor Kardos Eötvös Lóránd University José Antonio Moreno Díaz SOS Racismo Aap Neljas Presidential Roundtable on National Minorities of Estonia Anton Niculescu Open Society Institute Romania Éva Orsós Hungarian Ministry of Health, Social and Family Affairs Dimitrina Petrova European Roma Rights Center Iveta Radičová Open Society Foundation Slovakia Ivan Veselý Dženo Antonina Zheljazkova International Centre for Minority Studies and Intercultural Relations We would also like to thank the following individuals for their invaluable contribution to the reports in the form of research or review and critique of draft reports: Mohammad Abdul Aziz, Aaquil Ahmed, R. Aiesha, Rushanara Ali, Yousef Al-Khoei, Magdi Allam, Mahmood Al-Rashid, Cormac Bakewell, Jochen Blaschke, Tomas Calvo Buezas, Beata Burakowska, Claude Cahn, Malika Chafi, Farkanda Chaudhry, Barbara Cohen, M. Daoud, Ronan Deazley, Jacques Delfeld, Mostafa El Ayoubi, Jaffar El- Mirghani, Mahmoud Salem El Sheikh, Tim Ellis, Kathryn Esteris, Chiara Favilli, Diego Luis Fernandez Jimenez, Neil Frater, Joachim A. Frowein, Juan F. Gamella, Vincent Geisser, Ana Gimenez Adelantado, James Goldston, Demetrio Gomez, Renate Graffmann, Asim Hafiz, Bob Hepple, Annelore Hermes, Stephen Humphreys, Dilwar Hussain, Estaban Ibarra, Janina Janson, Domingo Jimenez, Razia Karim, Zaheer Kazmi, Larbi Kechat, Khalida Khan, Dhamendra Khanani, Harald Klier, Marko Knudsen, Sebastijan Kurtisi, Maleiha Malik, Isabel Martinez, Claudia Martini, Laurence Mayeur, Carmen Mendez, Arzu Merali, Angeles Lopez, Amara Montoya, 6 OPEN SOCIETY INSTITUTE 2002 ACKNOWLEDGEMENTS Gay Moon, José Antonio Moreno Díaz, Maria Naredo, Sami Ousta, Vaifra Palanca, Gaetano Pentassuglia, Yves Plasseraud, Sebastián Porras, Ludger Radermacher, Nina Rahel, Samia Rahman, Manuel Martin Ramirez, Na’em Raza, Olivier Roy, Jesus Salinas, Juan David Santiago, Carmen Santiago Reyes, Christian Schneider, Mario Scialoja, Nicola Scuteri, Masood Shadjareh, Sangeeta Shah, Maria Miguel Sierra Tilman Zülch, Fernando Villareal, Daniel Wagman, Timothy Waters, Matthaeus Weiss, Nils Wigginghaus, Catherine Wihtol de Wenden, Heinrich Wrocziński OSI held roundtable meetings in all countries to invite expert critique and commentary on the draft reports from representatives of the Governments, minority representatives, and civil society organisations and experts. We are grateful to the many participants at those meetings who generously offered their time and expertise. Lists of the meeting participants are available from the EUMAP ([email protected]). EU ACCESSION MONITORING PROGRAM Rachel Guglielmo Program Director Alphia Abdikeeva Program Officer, Minority Protection Andrea Gurubi Watterson Program Assistant Andrea Kiss Program Assistant EU ACCESSION MONITORING PROGRAM 7 PREFACE Preface The EU Accession Monitoring Program (EUMAP) was initiated in 2000 to support independent monitoring of the EU accession process. More specifically, and in keeping with the broader aims of the Open Society Institute, EUMAP has focused on governmental compliance with the political criteria for EU membership, as defined by the 1993 Copenhagen European Council: Membership requires that the candidate country has achieved stability of institutions guaranteeing democracy, human rights, the rule of law and respect for and protection of minorities. EUMAP reports are elaborated by independent experts from the States being monitored. They are intended to promote responsible and sustainable enlargement by highlighting the significance of the political criteria and the key role of civil society in promoting governmental compliance with those criteria – up to and beyond accession. In 2001, EUMAP published its first two volumes of monitoring reports, on minority protection and judicial independence in the ten candidate countries of Central and Eastern Europe. In 2002, new and more detailed minority reports (including reports on the five largest EU member States) have been produced, as well as reports on judicial capacity, corruption and – in cooperation with OSI’s Network Women’s Program/Open Society Foundation Romania – on equal opportunities for women and men in the CEE candidate States. EUMAP 2002 reports on minority protection and the implementation of minority protection policies point to areas in which minorities appear to suffer disadvantages or discrimination, and assess the efficacy of governmental efforts to address those problems. The reports offer independent analysis and evaluation, policy assessment and recommendations. EUMAP methodologies for monitoring minority protection in 2001 and 2002 (available at www.eumap.org) were developed by EUMAP with input from an international advisory board. The case study methodology used in five EU member States (France, Germany, Italy, Spain, and the United Kingdom) provides for a broad survey of the legislation and institutions for minority protection, drawing on existing research, statistical data, and surveys on minority issues in conjunction with interviews carried out by country reporters to assess the situation of one vulnerable minority group. EU ACCESSION MONITORING PROGRAM 9 MONITORING THE EU ACCESSION PROCESS: MINORITY PROTECTION The policy assessment methodology used in the CEE candidate States provides for an evaluation of the special programmes these States have adopted to ensure protection of vulnerable minority groups and to promote their integration into society. The Reports assess the background to and process of developing these policies, as well as their content and the extent to which they have been implemented. First drafts of each report were reviewed by members of the international advisory board and at national roundtables. These were organised in order to invite comments on the draft from Government officials, civil society organisations, minority representatives, and international organisations. The final reports reproduced in this volume underwent significant revision based on the comments and criticisms received during this process. EUMAP assumes full responsibility for their final content. 10 OPEN SOCIETY INSTITUTE 2002 FOREWORD Foreword Minority protection has been a concern of the Organization for Security and Co-operation in Europe (OSCE) since the conclusion of the historic Helsinki Accords in 1975. Since its inception, monitoring respect for the Accords and for the human and minority rights commitments undertaken by OSCE Member States in successive OSCE Documents has been key to its mission. OSCE ODIHR, including the Contact Point for Roma and Sinti Issues, has engaged in case by case monitoring across the OSCE region, combining fact- finding with practical advice in shaping governmental policies for Roma. The adoption of the Copenhagen criteria by the EU in 1993, which included “respect for and protection of minority rights,” inter alia, opened another chapter in minority rights protection in Europe. With the adoption of the Copenhagen criteria, the EU joined the OSCE, the Council of Europe, and other international organisations in the endeavour to articulate the content of minority rights, and to press States to respect those rights in practice. Although the European Union is only one segment of the OSCE framework, it is nevertheless an extremely important segment, with capacity to influence the development of policies far beyond its political borders. Thus there is a critical need to streamline the EU’s own standards and practices, and monitoring is an optimal tool to this end. The monitoring activity initiated by EU Accession Monitoring Program (EUMAP) of the Open Society Institute in 2000 is implemented in the spirit of the Helsinki Final Act. It encourages independent monitoring of governmental efforts to comply with the human rights principles