No
progress on Roma issues in
by Ivan Ivanov
In its Monitoring Reportfor Bulgaria ’s preparation for accession to the European Union, the European Commission expressed its concerns about the human rights situation and the integration of Roma in Bulgaria.
The European Commission has paid attention to Roma issues in several chapters. The executive summary of the Commission’s report highlights Roma issues as one of the challenges: “As regards human rights and the protection of minorities, further efforts are needed, in particular for the integration of the Roma minority.”
Comparing previous assessments and the 2005 Report, it is evident that not much progress has been achieved,particularly on Roma rights, their social inclusion and their integration into Bulgarian society.
The Commission’s 2004 Report confirmed the conclusions of previous reports that Bulgaria has fulfilled the political criteria for accession. However, the following areas were identified in the conclusions of the Report as requiring further improvements: public administration reform (all aspects, but especially local and regional administration); justice reform (all aspects, including police and measures to combat organized crime); anti-corruption measures; trafficking in human beings; freedom of expression/media independence; ill-treatment in custody and prison conditions; childcare and the mental healthcare system; and protection of minorities and integration of the Roma minority.
The overall situation of Roma rights seems not to have improved.
The Commission expressed concerns in its 2004 Report about the ill-treatment of Roma in pre-trial detention. According to the 2005 Report, ill-treatment by law enforcement officials continues, including excessive use of firearms and force by the police. Reports indicate that the ill-treatment of persons in custody disproportionately affects Roma. In a number of cases, investigations of complaints of police ill-treatment were far from prompt, thorough or impartial.
The 2004 Report states that: “…people from ethnic minorities, notably from the Roma community, continue to be marginalized. The implementation of the “Framework Programme for Equal Integration of Roma into Bulgarian Society” is still in its early stages and there continues to be widespread inequality and de facto discrimination in education, employment, access to health care and access to public services as outlined in last years’ reports.”
The 2005 Report makes basically the same observations: “The effective and sustainable integration of Roma remains an issue of major concern. The efforts made by Bulgaria to implement the “Framework Programme for Equal Integration of Roma into Bulgarian Society” lack sufficient strategic approach, coordination and finance. This Framework Programme is still in its early stages, and related documents and action plans adopted by the government remain largely on paper.”
In the 2004 Report anti-discrimination legislation was a source of concern: “Although a comprehensive anti-discrimination legislation entered into force in January 2005, the independent Commission for Protection against Discrimination, as envisaged by the law, has not yet been established. The effectiveness of this law in this area remains therefore to be seen…”
The 2005 Report sees some improvements, noting: “Concerning anti-discrimination, the law on Protection against Discrimination is largely in line with the acquisin this area. Minor adjustments are still necessary as regards instructions to discriminate and legal standing of associations. The equality body required by the aqcuis has been established and legislation has started to be applied by Bulgarian courts in several cases to protect victims of discrimination. The Commission for Prevention of Discrimination has been established but it is not clear whether it has sufficient human and financial resources in order to perform its functions independently.”
Unfortunately, substantial changes have not been made, as the Commission reports: “Key reforms in combating discrimination in education, healthcare and housing are still outstanding…. Despite continued efforts, the situation of the Roma minority still requires fundamental improvements.”
The 2004 Report discovered major concerns regarding segregated schools: “A strategy on the education of school children of minorities was adopted in June 2004…De facto segregated education remains in some places however a major obstacle for access of Roma to quality education. A number of Roma children of mainstream mental ability continue to be placed in special schools following poorly controlled assessment. The Ministry of Education and Science has issued instructions for desegregation of Roma in school both in 2002 and 2003, but there appears to be little commitment to devise a specific policy in this area over the short to long term.”
The 2005 Report is far from better on this issue: “The strategic documents and programmes on the educational integration of children from the Roma minority have not significantly changed the situation on the ground. Initiatives aimed at attracting and keeping Roma children in school (e.g. free lunches, subsidized textbooks, teacher assistants in schools with Roma students, bussing programmes) were largely unsuccessful. Although an Agency for Educational Integration of Children and Pupils from Ethnic Minorities has been established, this body has not succeeded so far in fulfilling its main function, namely the coordination of efforts made by different ministries to enhance the educational integration of children from minorities. As already outlined in the 2004 Report, a number of Roma children of mainstream mental ability still continue to be placed in special schools following poorly controlled assessments.”
Health care was also an area where the 2004 Report noted serious problems: “Many Roma continue to be excluded from access to health care services…Although the Framework Programme called for urgent measures for the legalization of Romani housing, including amendments to the legal framework, only isolated actions for the development of zoning maps have been undertaken. A comprehensive country wide plan for legalization of Romani housing has not yet been adopted…”
There has not been much improvement on this front either, according to the 2005 Report: “Many Roma continue to be excluded from access to healthcare services. A Health Strategy for Disadvantaged Members of Ethnic Minorities and an associated action plan were adopted in September 2005. The elaboration of this strategy and action plan forms an important part of the Framework Program for Equal Integration of Roma into Bulgarian Society. Although several initiatives are ongoing with international donor support, a long-awaited National Housing Strategy for Roma has not yet been adopted.
A number of national employment programs aimed inter alia at addressing long-term unemployment amongst Roma have continued. However, in order to increase their effectiveness, these initiatives need to be further combined with complementary measures such as family counseling and professional assistance in searching for a job.”
Regarding progress on implementing administrative reform to better protect minorities, the 2004 Report observes: “The capacity and status of the state structure on minority issues, the National Council on Ethnic and Demographic Issues at the Council of Ministers, do not provide it with the powers necessary for effective minority rights protection. Its place within the Bulgarian administration has to be clarified. So far, it lacks the political influence and staffing to fulfill its mission.”
The 2005 Report expresses similar concerns about the state’s commitment to robust political reform to effect equal rights for members of minorities: “In spite of the establishment of a new National Council for Cooperation on Ethnic and Demographic Issues, the administrative capacity of the State structure dealing with minority issues continues to be weak. The body is not yet fully operational, and it remains to be seen whether the chosen structure will provide for the powers necessary for effective minority rights protection, including enhanced political influence and staffing. In particular, attention should be paid to ensuring sufficient consultation with Roma representatives with a view to developing and implementing the State policy on the integration of Roma.
The Bulgarian authorities should demonstrate, at all levels, that the country applies a zero-tolerance policy on racism against Roma or against any other minority or group and that this policy is effectively implemented.”
According to the Commission: “Elsewhere, Bulgaria needs to improve functioning of the pre-trial phase in its system, reduce the backlogs at courts, and combat organized crime and corruption. Human rights and the protection of minorities, child welfare, the situation of people with mental disabilities and the integration of the Roma minority need to be improved. “
European Commissioner on Enlargement Olli Rehn has insisted that “The issues presented in our reports should be taken seriously and used as an incentive for speeding up the reforms, if Bulgaria and Romania want to be ready for accession on 1 January 2007.”
According to the 2005 reports, Bulgaria and Romania still have the chance to become members, but the Commission will make a further assessment in the spring of next year; as Commissioner Rehn has said, “The jury is still out”.
The full text of the European Commission’s
comprehensive monitoring report on
