giovedì, December 2nd, 2010
The Council of Europe, based in Strasbourg (France), now covers virtually the entire European continent, with 47 member countries. Founded on 5 May 1949 by 10 countries, the Council of Europe seeks to develop throughout Europe common and democratic principles based on the European Convention on Human Rights and other reference texts on the protection of individuals. Even if not belonging to the European Union, it is often mistaken for one of its bodies.
Recently, the Council of Europe’s European Committee of Social Rights found Italy to have violated the rights of its Roma population. The Committee found Italy in violation of the prohibition on discrimination and violations of the rights of Roma people to adequate housing; social, legal and economic protection; protection against poverty and social exclusion; and the right of migrant Roma families to protection and assistance. The Committee said that Roma camps have been destroyed and their inhabitants illegally evicted and expelled from Italy, often without notice and without the option of alternative housing. Many camps in various regions throughout Italy have also been the target of arson or vandalism based on racial hatred. The perpetrators of these crimes are rarely prosecuted or even investigated by local authorities.
The Committee of Ministers of the Council of Europe announced the ruling in the case brought against Italy by the Geneva-based international human rights organization the Centre on Housing Rights and Evictions (COHRE) and the Italian organization OsservAzione. The organizations accused Italy of violations of the Revised European Social Charter. The ground-breaking decision in COHRE v. Italy finds Italy guilty of policies and practices that have left Roma residents living in segregated and grossly inadequate housing conditions. The mass expulsion of non-Italian Roma who are citizens of other EU countries has increased dramatically in Italy since following the formation of a new national government in 2008.

Roma settlement in Torino, Italy (2008 © COHRE)
This decision will reverberate throughout Europe, as it establishes new jurisprudence confirming that the mass expulsion of migrants is a violation of the Revised European Social Charter,” said Bret Thiele, COHRE’s Senior Expert for Litigation and Legal Advocacy. “This is very relevant to the current situation of Roma in France, and the French government needs to take serious note of this as the recent evictions and deportations of Roma in France place the government in violation of the European Social Charter too.”
The Italian delegation to the meeting of the Committee of Ministers of the Council reacted to the ruling, pledging to the Committee to “ensure the effective implementation of the rights deriving from the Revised European Social Charter for every individual, including for persons belonging to the Roma communities.” Salih Booker, COHRE’s Executive Director, said that “COHRE and its Italy-based partner, OsservAzione, will continue to monitor the housing rights situation of Roma in Italy to ensure that the Italian authorities live up to this commitment.”
France and Italy seem to be countries “under surveillance” in this period. A delegation of the European Commission against Racism and Intolerance (ECRI) visited Italy from 21 to 26 November 2010 as the first step in the preparation of a monitoring report. During its visit, ECRI’s delegation gathered information on the implementation of the recommendations it made to the authorities in its previous report of 2006 and discussed new issues that had emerged since. The delegation held meetings in Rome, Venice, Padua and Naples with representatives of all relevant ministries, public officials, human rights NGOs and minority groups. Following this visit, ECRI will adopt a report in which it will make a fresh set of recommendations on measures to be taken by the authorities to address racism, racial discrimination, xenophobia, antisemitism and intolerance in the country. Among these, three will be revisited two years after the publication of the report as part of an interim follow-up procedure.
In the meanwhile the European Parliament – the elective institution of the European Union with a much higher level of political representation than the Council of Europe – is expressing a very similar position. The hearing by the Civil Liberties Committee on 30 November – 1 December brought together all those involved and affected by the EU's "Strategy on Roma inclusion". Hungarian MEP Lívia Járóka has just drafted a report on the strategy and the issues involved. It formed a basis for much of the debate. France and Italy were criticised by Lívia Járóka herself and civil society organisations for their treatment of the Roma. Ms Marilisa Fantacci from French organisation "Collectif des Roms en Europe" reported that nothing had changed since the summer and Roma are still being expelled from France. "We wonder how in these conditions France can develop an inclusion strategy" she asked.
The European Year for Combating Poverty and Social Exclusion is going to be concluded but the strategy on Roma inclusion will remain in the European political agenda.
Sources:
COHRE
Council of Europe
European Parliament