Socio- Economic exclusion Lack of political representati on Antigypsyism/ Institutional Discrimination Scaling up Roma Inclusion Strategies Truth, reconciliation and justice for addressing antigypsyism STUDY Abstract This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to promote a better understanding of the Roma minority and communities’ situation in the EU. The study explores concrete proposals to upscale the post-2020 Roma framework strategy via a Rule of Law, Democracy and Fundamental Rights (DRF) Periodic Review/Mechanism and a Truth and Reconciliation Process at the EU level. It proposes ways to strengthen the role of the European Parliament in ensuring democratic accountability and the right to truth and effective justice for past and current human rights violations. PE 608.859 EN ABOUT THE PUBLICATION This research paper was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs and was commissioned, overseen and published by the Policy Department for Citizens’ Rights and Constitutional Affairs. Policy Departments provide independent expertise, both in-house and externally, to support European Parliament committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny over EU external and internal policies. To contact the Policy Department for Citizens’ Rights and Constitutional Affairs or to subscribe to its newsletter please write to: [email protected] RESEARCH ADMINISTRATOR Udo BUX Policy Department for Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] AUTHORS Sergio CARRERA, CEPS/ European University Institute Lina VOSYLIŪTĖ, CEPS Iulius ROSTAS, Central European University Savelina DANOVA-ROUSSINOVA, Independent Consultant Julia GUERIN, CEPS Stephanie BRENDA SMIALOWSKI, CEPS With contributions from national experts: Bulgaria – Savelina DANOVA-ROUSSINOVA, independent consultant; France – William BILA, independent consultant; Hungary – Iulius ROSTAS and Adrienn KOVACS, CEU; Italy – Silvia CITTADINI, independent consultant; Romania – Gelu DUMINICA and Alexandra HOSSZU, Impreuna Agency; Slovakia – Michal VASECKA, Bratislava Policy Institute; Spain – Ismael CORTES, independent consultant. With kind guidance of Advisory Board: Prof. Richard GOLDSTONE, former South African Supreme Court judge, Ms. Marie WILSON – former Canadian Truth and Reconciliation Commissioner, Thomas HAMMABERG – former Human Rights Commissioner at the Council of Europe, and Chairperson of the Swedish Commission on Antiziganism, and Prof. Bruno DE WITTE, Professor of European Law at Maastricht University and also at the European University Institute. LINGUISTIC VERSION Original: EN Manuscript completed in February 2019 © European Union, 2019 This document is available on the internet at: http://www.europarl.europa.eu/supporting-analyses DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the publisher is given prior notice and sent a copy. Scaling up Roma Inclusion strategies: Truth, reconciliation and justice for addressing antigypsyism ___________________________________________________________________________________________ CONTENTS LIST OF ABBREVIATIONS 5 LIST OF TABLES 7 LIST OF FIGURES 8 EXECUTIVE SUMMARY 9 INTRODUCTION 17 1. BACKGROUND OF THE EU FRAMEWORK FOR NATIONAL ROMA INTEGRATION STRATEGIES 24 1.1. The EU policies and initiatives regarding the Roma community 24 1.2. Key gaps and barriers of the NRIS 27 1.3. Impact of the NRIS since 2011 30 2. COMPLIANCE ASSESSMENT OF NATIONAL ROMA INTEGRATION STRATEGIES IN THE EU 36 2.1. Member State NRIS compliance with EU standards 36 2.2. Member State NRIS compliance with regional and international anti-discrimination and minority protection standards 44 3. IMPLEMENTATION OF NRIS IN SELECTED EU MEMBER STATES: ACHIEVEMENTS AND CHALLENGES 49 3.1. Bulgaria 50 3.2. France 56 3.3. Hungary 66 3.4. Italy 76 3.5. Romania 84 3.6. Slovakia 91 3.7. Spain 99 3.8 Promising practices and experience emerging from national case studies for scaling up Roma integration and combatting antigypsyism 103 4. THE WAY FORWARD: RULE OF LAW EMBEDDED TRUST BUILDING MECHANISMS ADDRESSING ANTIGYPSYISM 107 4.1. Post-2020 EU Framework for NRIS more fully embedded in the Rule of Law Framework 108 4.2. Truth and Reconciliation Commissions in Australia, Canada and South Africa 113 4.3. European experience: truth and reconciliation-like processes in Sweden and Romania 118 4.4. Lessons learnt from international TRCs and European experience 119 4.5. Perceptions among stakeholders: feasibility and challenges 122 5. CONCLUSIONS, RECOMMENDATIONS AND POLICY OPTIONS 128 3 Policy Department for Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ 5.1. Conclusions 128 5.2. Policy recommendations 130 5.3. Truth and Reconciliation – what policy options for the EU? 131 6. REFERENCES 133 ANNEX 1. SUMMARY OF THE STRATEGIC VISIONING EXERCISE 143 ANNEX 2. CIVIL SOCIETY’S PERCEPTION ON THE FEASIBILITY OF A TRUTH AND RECONCILIATION COMMISSION 153 ANNEX 3. ANONYMISED LIST OF INTERVIEWEES 156 4 Scaling up Roma Inclusion strategies: Truth, reconciliation and justice for addressing antigypsyism ___________________________________________________________________________________________ LIST OF ABBREVIATIONS ACFC Advisory Committee on the Framework Convention for the Protection of National Minorities (CoE) AFSJ Area of Freedom, Security and Justice CERD Committee on Elimination of Racial Discrimination (UN) (Treaty body of the ICERD) CESCR UN Committee on Economic, Social and Cultural Rights (Treaty Body of the ICESCR) CJEU Court of Justice of the European Union CoE Council of Europe CSO Civil Society Organisation DG Directorate-general DG HOME Directorate-General (DG) Migration and Home Affairs (HOME) DG JUST Directorate-General (DG) for Justice and Consumers (JUST) EACEA Education, Audiovisual and Culture Executive Agency ECA European Court of Auditors EO European Ombudsman DRF Democracy, the Rule of law and Fundamental rights (EU Pact) ECHR European Convention on Human Rights (CoE) ECOSOC UN Economic and Social Council ECRI European Commission Against Racism and Intolerance (CoE) ECRML European Charter for Regional or Minority Languages (CoE) ECSR European Committee of Social Rights (CoE) ECtHR European Court of Human Rights (CoE) EESC European Economic and Social Committee (EU) EP European Parliament Equinet European Network of Equality Bodies EU European Union FCNM Framework Convention on the Protection of National Minorities (CoE) FRA Fundamental Rights Agency of the EU FRCh Charter of Fundamental Rights of the EU 5 Policy Department for Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ HCNM High Commissioner on National Minorities (OSCE) ICCPR International Covenant on Civil and Political Rights (UN) ICERD International Convention on Elimination of All forms of Racial Discrimination (UN) ICESCR International Covenant on Economic, Social and Cultural Rights (UN) LIBE EP Committee for Civil Liberties, Justice and Home Affairs NGO Non-Governmental Organisation NRIS National Roma Integration Strategies NRCP National Roma Contact Point ODHIR Office for Democratic Institutions and Human Rights (OSCE) OHCHR UN Office of the High Commissioner on Human Rights OSCE Organization for Security and Co-operation in Europe RESC Revised European Social Charter TANDIS Tolerance and Non-Discrimination Information System (OSCE) TEU Treaty on European Union TFEU Treaty on the Functioning of the European Union TRC Truth and Reconciliation Commission UDHR Universal Declaration of Human Rights UN United Nations UNHCR UN High Commissioner for Refugees UPR UN Universal Periodic Review 6 Scaling up Roma Inclusion strategies: Truth, reconciliation and justice for addressing antigypsyism ___________________________________________________________________________________________ LIST OF TABLES TABLE 1 Estimates of Roma population in selected seven EU Member States 20 TABLE 2 Member States Parties to relevant international and regional conventions/mechanisms 21 TABLE 3 European Commission Communications on the NRIS 25 TABLE 4 Summary of Roma integration indicators 2011-2016 31 TABLE 5 Progress of the NRIS objectives between 2011 and 2016 31 TABLE 6 Interviews carried out by Member State experts 156 7 Policy Department for Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ LIST OF FIGURES FIGURE 1 The key barriers to Roma empowerment/inclusion and scope of EU National Roma Integration Strategies 11 FIGURE 2 The building blocks towards scaling up post-2020 National Roma Integration Strategies 13 FIGURE 3 EU Truth and Reconciliation Cycle 15 FIGURE 4 Sequence of the proposed research methods 22 FIGURE 5 Population that has completed most lower-secondary education and is not involved further 32 FIGURE 6 Household members at risk of poverty 33 FIGURE 7 Household members who declared their main activity status as being in paid