ASHES SCATTERED IN THE WIND The Romanies as Marginalised Victims of Racial Persecution, Genocide and the Holocaust Robynne Botha BTHROB008 A minor dissertation submitted in partial fulfillment of the requirements for the award of the degree of Master of Philosophy in Justice and Transformation Faculty of the Humanities University of Cape Town 2019 University of Cape Town COMPULSORY DECLARATION This work has not been previously submitted in whole, or in part, for the award of any degree. It is my own work. Each significant contribution to, and quotation in, this dissertation from the work, or works, of other people has been attributed, and has been cited and referenced. Signature: Date: 16/09/2019 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgementTown of the source. The thesis is to be used for private study or non- commercial research purposes only. Cape Published by the University ofof Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University Abstract The experiences of the Romanies on the European continent have been marked by centuries of prejudice, abuse, slavery and murder. Central to this history of oppression is the Nazi regime’s racial persecution and genocide of the Romanies during the Holocaust. However, in the Federal Republic of Germany, the devastating experiences of the Romanies during the Holocaust received minimal attention in the decades that followed. As such, this thesis aims to answer the question: Did the transitional justice process in the Federal Republic of Germany, in the aftermath of the Third Reich, fail Romanies as victims of racial persecution, genocide and the Holocaust? It provides an overview of the suffering experienced by the Romanies at the hands of the Nazi regime, situating their plight within the framework of racial persecution, genocide and the Holocaust. It then analyses how this was addressed by the transitional justice process undertaken in the Federal Republic of Germany after the fall of the Third Reich, focusing on the mechanisms of retributive justice, as well as material and symbolic reparations. Examining how, within each of these mechanisms, Romanies were marginalised as victims, the thesis illustrates that the transitional justice process did indeed fail them. In addition, it broadens the discussion by looking at how Romaphobia is both a cause and a consequence of this marginalisation. As such, the thesis illustrates how the transitional justice process also failed Romanies by not denouncing Romaphobia, but rather inadvertently reinforcing it, thus being partly to blame for the continued presence of Romaphobia in the Federal Republic of Germany. In so doing, the thesis highlights the importance of redressing the wrongs committed against victims, emphasising the need for transitional justice mechanisms in the aftermath of violence and human rights abuses. 1 Table of Contents Acknowledgements ........................................................................................................................... 3 Opening Poem ................................................................................................................................... 4 Chapter One: Introduction ............................................................................................................... 5 Chapter Two: Towards an Understanding of the Romanies’ Suffering during the Holocaust ........... 16 Continued Harassment and Control ........................................................................................ 17 Forced Sterilisation ................................................................................................................ 17 Nuremberg Race Laws........................................................................................................... 19 The Role of Public Opinion ................................................................................................... 19 Zigeunerlager ........................................................................................................................ 20 The Racial Hygiene and Population Biology Research Unit ................................................... 21 Centralisation of Persecution: The Reich Criminal Police Office ............................................ 22 The Fundamental Decree Concerning the Preventative Combatiing of Crime by the Police .... 23 The Decree for Combating the Gypsy Plague ......................................................................... 24 Mass Deportation .................................................................................................................. 25 The Auschwitz Decree ........................................................................................................... 27 Suffering Continued: Romanies in German Concentration Camps .......................................... 29 Conclusion ............................................................................................................................ 32 Chapter Three: The Marginalisation of Romanies as Victims of Racial Persecution, Genocide and the Holocaust .................................................................................................................................. 41 Retributive Justice ................................................................................................................. 41 Material Reparations.............................................................................................................. 46 Symbolic Reparations ............................................................................................................ 56 Reasons for this Marginalisation ............................................................................................ 63 Conclusion ............................................................................................................................ 66 Chapter Four: Continued Romaphobia as a Consequence of Marginalisation ................................. 73 Romaphobia Continued: An Overview from 1945 to the Present ............................................ 74 Continued Romaphobia as a Consequence of Denied Retributive Justice ................................ 83 Continued Romaphobia as a Consequence of Denied Material Reparations ............................ 84 Continued Romaphobia as a Consequence of Delayed Symbolic Reparations ......................... 85 Conclusion ............................................................................................................................ 86 Chapter Five: Conclusion .............................................................................................................. 91 Closing Poem .................................................................................................................................. 97 Bibliography ................................................................................................................................... 98 2 Acknowledgements First and foremost, I would like to express my gratitude to my supervisor, Dr Helen Scanlon, for her advice, encouragement and patience. She has gone above and beyond to support me, not only during the writing of this thesis, but throughout my postgraduate studies. She is an inspiration, both as a scholar and a human being. Second, I wish to thank my friends and family for their constant support and belief in me. In particular, I am grateful to my parents (Vivian and Piet), my sisters (Jessica and Piya), my partner (Jacques) and the Groenewald family (Chris, Linda and Jolaine). This thesis also benefitted from the insight and encouragement provided by Raymond Smith, Conrad Jamneck and my parents, who read my first draft. A special mention goes out to my grandfather, who taught me the value of knowledge and funded my studies, but unfortunately passed away before the completion of this thesis. Third, I am appreciative of my friends, colleagues and the staff in the Department of Political Studies, for making my time at the University of Cape Town so enjoyable and enriching. Last but not least, I am grateful to Prof. Ian Hancock for taking the time to answer my e-mails and providing me with valuable sources. This thesis is dedicated to the Romani victims of the Holocaust. 3 Opening Poem The Terror Years “Our house is Auschwitz, So big and black. So black and big. Petals of skull are hidden, Strewn amidst the tall grass. Prayers rise up and fall back Beneath the ashes, beneath the dreams, Searching for a door, a road out. House so big. House so black. Lightless house, hopeless house. As I arrive at our house My lips turn blue. These terror years are my path; Their names are the way-stations. Our house is Auschwitz, So big and black. So black and big. This is where our tears flow, Destroying our sight. This is where they crushed our pleas For no one to hear. This is where they turned us to ashes For the winds to scatter. Listen, Adam! Listen, Simon! Eve and Mary, too! The twenty-five thousand shadows That watch and follow me: These terror years are our path; Their names are the way-stations. House so big. House so black. 1 House with no street, house with no address. ” 1 Rajko Djurić, “The terror years,” trans. Julie Ebin, in The Roads of the Roma, eds. Ian Hancock, Siobhan Dowd and Rajko Djurić (Hertfordshire: University of Hertfordshire Press, 1998), 88. 4 Chapter One Introduction “When