Office for Democratic Institutions and Human Rights CPRSI Newsletter

August 1996 Vol.2 No. 4

A group numerically inferior to the rest of the population of the state, in a non-dominant position, whose members being nationals of the State - possess ethnic, religious or linguistic characteristics differing from those of the rest of the population and show, if only implicitly, a sense of solidarity, directed towards presenting their culture, traditions, religion or language.

INSIDE THIS ISSUE:

Editorial......

The Travelling Communities - History, Culture and Educational Opportunities, by Arthur Ivatts ......

Roma As National Minority, by Noboru Miyawaki ......

The Marginalisation of Gypsies (Exerts), by Helen O'Nions LL.M......

Czech Photoproject......

Book reviews: Struggling for Ethnic Identity......

The Great Gypsy Round-Up......

Reports submitted to the CPRSI...... ______

CPRSI Newsletter is published quarterly by OSCE Office for Democratic Institutions and Human Rights

Krucza 36/Wspolna 6 00-522 Warsaw, Poland e-mail: [email protected] please address comments to Ilya Belkin EDITORIAL THE TRAVELLING COMMUNITIES History, Culture and Educational The current developments in Europe show Opportunities that Roma regardless of their social status, are confronted with hostility, which by The phrase “Travelling Communities” is many is perceived as a result of social used to cover those identifiable, some of prejudices. In order to solve this problem it which have minority ethnic status, who is not enough to initiate only welfare or either are, or have been traditionally development projects. Roma must be associated with a nomadic lifestyle, and granted guarantees for the protection of include Gypsy Travellers, Fairground civil liberties. This means a change in the families (or Showpeople), Circus families, political status of the Roma toward New Travewllers, and other families living political, social and ethnic self- on boats. determination. Gypsy travellers are by far the largest In order to help Roma people in Europe to group among Travelling communities and identify their ethnic status as a minority we constitute a recognised minority ethnic have decided to dedicate this issue of the group for the purposes of the 1976 Race CPRSI Newsletter to the problems of Relations Act. Gtypsies have lived in Roma ethnic identity as viewed from the England in substantial numbers since the different angles. beginning of the sixteenth century. Other groups of Gypsy Travelleres including In that precise context of our newsletter the those of Scottish, Welsh and Irish heritage term “minority” may be taken to refer to: share in general terms a common history. However, the defenition once proposed by In addition , there is a small but growing the UN Special Rapporteur and commonly number of Gypsies from Eastern Europe shared in most of the academic sources to with refugee status who have recently identify the status of ethnic minority might settled in south east England. There is a be limited in its objective. little doubt that Gypsies originate from nomadic Indian tribes which migrated It may, in fact, be difficult to characterize westwards probably during the ninth and ‘the Roma’. Known by different names, tenth centuries AD. At the end of the even using different labels to identify eighteenth century, a connection was themselves, the Roma comprise a relatively established between the language spoken heterogenuos set of communities that by the Gypsies and major contemporary perhaps are best understood in their own north Indian languages. Most Gypsy specific circumstances. Nevertheless, there Travellers have retained the use of their are significant commonalities that bind the inherited language. Roma together: commonalities in origin, language, culture, and historical experience Note from the erditor: in Europe. This part has been taken from the report We hope that this issue of the CPRSI from the office of Her Majesty’s Chief Newsletter will contribute to the on-going Inspector of Schools prepared by Arthur process of Roma self-determination as an R. Ivatts, which we have already used in ethnic entity in the OSCE space. We wish our previous issue to introduce the efforts you pleasant reading! of his office as regards the education of Roma. Ilya Belkin This time we would like to reproduce some findings of this report which directly correspond to the problems of Roma and and Roma are included,2 suggesting that Travelleres communities ethnic identity in the concept of national minority is not the U. K. immutable. In the meantime,"ethnic minority" does not necessarily mean a ROMA AS NATIONAL MINORITY, minority in one State. It seems that "ethinic by Noboru Miyawaki minority" would have less connection with nationaliy than "national minority" would. In the framework of the OSCE The European Commission for Democracy (Organization on Security and Co- through Law's 1991 Proposed Convention operation in Europe) the Roma minorities and Recommendation 1201, in 1993, have are be ptotected against the violation of defined "national minority" a "group which their rights. I intented to consider in what is smaller in number than the rest of the dimension they can be perceived as a polulation of a State,whose members, who national in OSCE region, with reference to are nationals of that State, have several previous works on the issue. ethinical,religious or linguistic features different from those of the rest of the The term "national minority" is vague and polulation, and are guided by the will to has more than one concept. As indicated by safeguard their culture, traditions, its words, the term may consist of two religion,or language". Under this definition, concepts: nationality and minority. I will what determines the status of "minority" dwell on what defines "minority" because inthe Roma case is whether or not the the term is "imcomplete" without reference menbers of the Roma mino-rity are to a particular ethnic, religious or linguistic nationals of the nation-state within which context. they live: only the Roma and minorities who have own culture and who In what sense can "national minority" is have nationality of the state in which they distinguished from ethinic, religious, or live would be recognized as national linguistic minority? In the subjective sense minorities. In my view this requirement of of minority, the term "national" has refer- nationaliy is unreasonable, given the ence to a "nation". A group of minority irreconcilable political and ethnic problems could incorporate itself into the nation-state that cannot be separated from the concept of which it is a mainority; or it could resist of national minority. We saw the incorporation.Whichever path it chooses, experience of the difficulty of solution of the minority should not be denied the rights ethinic conflict and we need to exclude to enjoy their own national culture if the discriminations in the dimension of nation-state is to treat all nationals on equal nationality. The ethinic conflict is closely terms. In this sense, the concept of national related to nation-state system which creates minority has larger propotion of influence the term "nationality". with conciousness than ethnic, religious or linguistic minority. In this subjective sense, Note from the editor: it seems that the some Roma minorities in many European states meet the subjective Noboru Miyawaki is an Assistant requirements of national minority.1 The Professor at the Matsuyama University, Vice-Secretary General of the Council of Japan. Euorpe said that the term "national minority" has to be defined so that Sinti

1 The arguments about this theme, see, Nicolae Gheorghe 2 and Thomas Acton, "Dealing with Romani Rose,"Sinti and Roma as National Minorities in Multiculturality",ODIHR the Countries of Europe",ODIHR Bulletin,Vol.3,No.2,Spring 1995,p.35. Bulletin,Vol.3,No.2,Spring , 1995, p.43. THE MARGINALISATION OF destined to fail, as they have done in GYPSIES (Exerts) numerous other countries, because the by Helen O'Nions LL.M. foundations upon which they are laid are misconceived. Despite the recognition that Gypsies constitute a racial group for the purposes There are estimated to be around 12,600 of the Race Gypsy families in England and Wales (D/E Relations Act 1976, they have persistently 1994) who regularly find themselves suffered discrimination and prejudice from subjected to a unique amount of abuse and the rest of society. The Criminal Justice hostility from the dominant society: and Public Order Act 1994 (hereinafter CJPOA) contains provisions which will "The history of the is a reduce the number of authorised Gypsy story of relentless persecution. From the sites available in an attempt to discourage Middle Ages to the present day, they the nomadic way of life which has been have been the target of racial central to the lives of many Gypsies for discrimination and over five-hundred years. The effect of this outright genocide"(Puxon 1987, p12). legislation will be to worsen the hostility shown towards the Gypsy community. It is Since their arrival in the United Kingdom, also likely to have severe implications for estimated to be around the turn of the the welfare of the Gypsy family unit. sixteenth century (Kendrick & Puxon Ultimately however, a comparison with 1972, ch 1), the Gypsy lifestyle has been other European jurisdictions will illustrate resented and much of this resentment has that this legislation will not succeed in found expression through the legal system. persuading Gypsies to abandon their In 1530, Henry VIII ordered their departure traditions because it is founded on a myth, within forty days unless they chose to namely that Gypsies are simply a social abandon their 'naughty, idle and ungodly bonding of nomads with no distinctive life'. Similarly, in 1959, s27 of the culture or group identity. Highways Act directly discriminated against Gypsies by prohibiting camping on Gypsies have been recognised by the highways, an offence which could not be judiciary as constituting a racial group for committed by 'Gorgios'.(1) the purposes of the Race Relations Act 1976 since the 1989 case of CRE v Dutton Contempt has also been expressed by [1989] 1 All ER 306. In practice however, regional media who have been quick to the Gypsy community has been yield to the increasingly marginalised. The common temptation of sensationalism: perception that they are merely a 'social group of nomads' with no bona fide "It is a tragedy that our society cultural values distinct from the host continues to tolerate and even subsidise society (Leigeios, 1987) has threatened to these ragbag undermine the Gypsy identity. Whilst the vagabonds who sponge off the state and Council of Europe and the European steal it blind....Set up a Gypsy site next to Commission of Human Rights (Buckley v Sellafield where they can pinch as much UK App 20348/92 11.1.95) have been radiation as they like" (High Wycombe actively defending and promoting the Midweek, Editorial, 6 July 1993; see Gypsy culture, the United Kingdom has generally National Gypsy Council, pursued a policy of integration and (1981).(2) assimilation culminating in the CJPOA 1994. This article examines the rationale Allegations of Gypsy misbehaviour are behind this 'anti-gypsy' legislation and regularly reported as fact. The following is explores why attempts to assimilate are a typical example: Gypsy spokesperson John Nash Presenting some abstracts of the article by told a Buckingham reporter "all his people Helen O’Nions we would also like to wanted was a bit or peace and quiet", the introduce you to the “Gypsy Lore Society” paper responded "try telling that to the site on the Internet, which provides an owner of the £55,000 barn which was set outstanding collection of the most up-to- alight by what police believe were Gypsies" date events in today’s world of Roma. The [emphasis added]. (High Wycombe Gypsy Lore Society is a non-profit, tax- Midweek, 6 July 1993, in National Gypsy exempt organization dedicated to fostering Council 1992.) communication among those interested in Gypsy Studies. The Society publishes a With the help of the media, local opposition quarterly Newsletter and a biannual to Gypsy encampments is intensified and Journal. anti-Gypsy pressure groups emerge with Membership in the ‘Gypsy Lore Society’ frightening frequency. In the Somerset includes a subscription to the quarterly village of Middlezoy, local residents went Newsletter and the twice-yearly ‘Journal of all the way to the High Court in a vain the Gypsy Lore Society’. You can receive attempt to frustrate the Council's statutory information about membership by writing duty of site provision. When accused, by a to: ‘Gypsy Lore Society’ Sheila Salo, reporter, of racism, one female villager Treasurer, 5607 Greenleaf Rd., Cheverly, retorted: MD 20785 ‘The Gypsy Lore Society’ address in the "A bullet in the head is what they Internet is: need....If I were dying of cancer I'd buy a http://hamp.hampshire.edu/~ratS88/gls shotgun and take out six of them." (The Independent, 16 June 1993.)

For local Councillors, there are few votes CZECH PHOTOPROJECT to be won in accommodating Gypsies. Sir John Cripps found that hostile public Note from the editor: opinion was the major force preventing Local Authorities from honouring their In August 1995 the CPRSI received a letter Caravan Sites Act 1968 S6 duty to provide from Mr. Juul Hondius who has been sites: working as a photographer in the Czech Republic. In this letter Mr. Homdius "it is not possible, however, to overstate described the photoproject which, in his the intensity of feeling, bordering on the own words, “...individualizing the Romani frenetic, aroused by a proposal to community would promote greater establish a site for Gypsies in almost any understanding and a perception of Roma as reasonable location." (D/E 1977 para an equal entity.” His pictures were used by 3.19) ‘O’Drom’ magazine, exhibitions and newspapers. An analysis of the inaccuracy of the A photographic project could, in fact, assumptions underlying this entrenched confront the existing attitudes of the society intolerance is of with the suffering of real people, expressed paramount importance to the question of in documentary art of photography. We how and why Gypsies should maintain their decided to introduce you to some of the own culture and traditions, free from pictures that we have received so far. persecution.

Note from the editor: ...... PICT The same researcher’s interest in the dramatic episode of the general URES...... imprisonmentof 1749 has led him to write several different works on its development, the circumstances surrounding it and it BOOK REVIEWS: later consequences.

STRUGGLING FOR ETHNIC IDENTITY The Great Gypsy Round-Up reconstructs Copyright © August 1992 by Human the most distressing of the epitsodes Rights Watch suffered by the Gypsies in : the All rights reserved. general round-up carried out in the reign of Printed in the United States of America Ferdinand VI on 30 July 1749. The ISBN 1-56432-078-2 universal nature of the operation deprived ten or twelve thousand women and men, This book written by Rachel Tritt, old people and children, of their freedom in consultant to the U.S. Helsnki Watch one single day, “simply for being Gypsies”: Commitee, and edited by Jeri Laber and such is the supposed collective crime which Lois Whitma, director and deputy director is explicitly mentioned in several official of Helsinki Watch. It is based on reports of the time as a justification for the information collected durting fact-finding measure. missions conducted by Ms. Tritt in the months of October 1991 through March The author describes the coordination of 1992. Several hundred Romanies were the state authorities bent on the round-up; interviewed, both rural and urban whose the cooperation of the Church and its mother tongues were Romany, Czech, passive attitude towards the iniquity of the Slovak or Hungarian. project and the outrages committed by all The book is presented as a very thorough those who made the wretched operation report on the background of the most recent possible. He recounts the “profitable” situation of Roma minority in Slovakia and cooperation, in the role of informers, of the Czech Republic. compatriots, fellow townsfolk of those arrested , and provides blood curdling testimonies of the protracted ordeal THE GREAT GYPSY ROUND-UP, suffered as a result of the general imprisonment “of the most unfortunate by Antonio Gomez Alfaro vassals of the kingdom”, and which Copyright © 1996 by the Gypsy Research dragged on after reconsideration of the Centre/Editorial Presencia Gitana measure up to the pardon which was finally ISBN 84-87347-12-6 Paperback ordered by Charles III - on 16 June 1763.

The research carried out in different The research rescues this genuine Spanish Spanish archives over a period of years by contribution to the universal history of the journalist Antonio Gomez Alfaro infamy and scorn form the shameful (Cordoba, , 1931) has enabled oblivion in which it has retained, and him to recover a wealth historical unearths a former social discourse, the documentation, used at the time for his reasons and theories of which are identical doctoral thesis , entitled “El expediente to no small number of current attitudes and general de ”, which reconstructs procedures - all over the world, and not just the conflicting relations existing between in Spain - which today we call , in plain the Gypsies, on the one hand, and society language, “institutional racism”. and the state on the other. The drama and crudeness of this Spanish- Self-Help - Income Generating Projects, style holocaust surpass expressive Rromani CRISS, October 30, 1995 possibilities and can only result in nausea, however much we may wish to Statement on Persistent Discriminative contextualize and situate the events baclk Language and Selective Legal Response in their own time, in an attempt to to Violences Committed Against Roma contemplate them dispassionately form an Minority in Romania, International aseptic distance. Romani Union, March 13, 1995

Study on Human Rights in Kosovo, AIM REPORTS Review, Fund for Humanitarian Law in Belgrade from May to Dec. 1994. Quoted Again About Human Rights Violations in in AIM Review, No. 21,1995 Justice, League for the Defense of Human Rights, Informative Bulletin, October 30, Study on Kosovo, AIM Review, 1995 1995, The Case of the Romanian Marcel Fact-Finding Mission to Bosnia and Ghinea has Drawn the Attention of Herzegovina on the Situation of the Amnesty International, League for the Roma/Gypsies, Council of Europe, 20 Defense of Human Rights, Informative June 1996 Bulletin, December 30,1995

General CRISS Information, Rromani The European Roma Rights Center Is CRISS, October 30,, 1995, 12/1/95 Deeply Concerned About the Murder of a Younfg Rom in Tirana, Albania, LADO and the Public Romanian European Roma Rights Center, Press Television, League for the Defense of Release, July22, 1996 Human Rights, Informative Bulletin, October 30,, 1995, 12/1/95 The International Protection of Roma, Marcia Rooker, University of Nijmegen, No Signs of Tolerance in Romania - Centre for Migration Law, November 30, Quoting Amnesty International Report, 1995 "Romnews" by Roma National Congress, No.24,1995 PROGRAMMES

Provisions on Education for Persons Description of Mediation Program for Belonging to National Minorities, Roma, Romanian Law on Education - Romani CRISS, Contribution of the Comparative Overview,1995 Congress of Local and Regional Authorities of Europe, May 30,, 1995, Psychiatric Abuses, League for the 12/1/95 Defense of Human Rights, Informative Bulletin, July 30, 1995 Desription of Educational Project, Roma Rights and Educational Project, December RNC President Calls for Boycott of 30,1995 Romanian Government, Roma National Congress, July 18,1995

Romania Slams EU Over Gypsy Resolution, Reuters news service, July 18, 1995