COHRE Housing Rights Roma & Travellers in Europe 2010

Towards Realizing the Housing Rights of Roma and Travellers in Europe

Position Paper of the Centre on Housing Rights and Evictions (COHRE)

14 October 2010

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Table of Contents I. Introduction .....................................................................................................................3 II. Problem Statement: Violations of the Housing Rights of Roma and Travellers in Europe..3 III. International Human Rights Obligations Related to the Housing and the Prohibition of Forced Eviction............................................................................................................................4 IV. Recommendations: Suggested Areas of Prioritisation in Housing for Roma and Traveller Communities ...............................................................................................................................6

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I.

Introduction

1.

The Centre on Housing Rights and Evictions (COHRE) is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the United Nations and with the Council of Europe, and works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.

2.

COHRE welcomes the invitation of the Chair of the Inter-Secretarial Working Group of the High-Level Meeting on Roma and Travellers to provide a position paper on key topics suggested for discussion at the meeting, including suggested priorities for concerted panEuropean action as well as specific proposals on good practices and initiatives to translate these priorities in practice.

II.

Problem Statement: Violations of the Housing Rights of Roma and Travellers in Europe

3.

Roma and Traveller communities throughout Europe face continuous violations of their human right to adequate housing. Most Roma and Traveller communities do not have access to land and their housing conditions are glaringly inadequate; without the most minimum infrastructure, such as water, sanitation, heating or electricity. Roma and Traveller communities are frequently discriminated against in obtaining access to housing often resulting in residential patterns of racial segregation. Most importantly, the lack of a minimum degree of security of tenure renders large populations of Roma and Traveller communities vulnerable to forced evictions.

4.

Lack of security of tenure is the key housing problem that Roma and Travellers face.

Security of tenure is the cornerstone of the right to adequate housing. Secure tenure protects people against arbitrary forced eviction, harassment and other threats. The lack of security of tenure leads many Roma and Traveller communities to be reluctant to invest in improving their homes for fear that such investments will only be destroyed or taken away from them if they are evicted. This fear, and the lack of willingness of States to make similar investments, reinforces their social exclusion and poverty.

5.

Roma and Traveller women and girls are particularly harmed by intersectional discrimination and inequality. This discrimination - coupled with the burdens of household care, child rearing, care of extended family and income generation - makes women and girls particularly vulnerable to conditions of inadequate and unsafe housing. While lack of access to stable and secure housing adversely affects many Roma and Travellers, Romani and Traveller women bear the brunt of housing poverty and housing discrimination.

6.

The failure of states to respect, protect and fulfil housing rights is a root cause of many other human rights violations that contribute to the problem of exclusion and discrimination against Roma and Travellers within the larger societies in which they live.

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7.

Examples of cases where the housing rights of Roma and Traveller communities throughout Europe have been threatened or violated in recent years are numerous. In Bulgaria, for example, COHRE is involved in a case where long-standing Romani communities in Bourgas have been forcibly evicted and others remain under imminent threat of forced eviction. In the UK, the decision by the Basildon Council to evict 86 Traveller families from Dale Farm has denied residents the right to develop land they own. France's policy of targeting thousands of Roma for repatriation to Bulgaria and Romania, coupled with mass forced evictions, has provoked outrage across Europe. In Italy, Roma communities continue to be victims of forced evictions and other housing rights violations, in a climate of racism and xenophobia that have led to cases of violent attacks.

III. International Human Rights Obligations Related to the Right to Adequate Housing and the Prohibition against Forced Eviction 8.

Council of Europe member States all have obligations to respect, protect and fulfil the right to adequate housing1 of Roma and Travellers: i.e., the obligation to respect the right by not interfering with whatever level of housing persons presently enjoy; the obligation to protect the right by ensuring that other actors, including non-State actors, do not violate the right; and the obligation to fulfil the right by ensuring access to adequate housing to those unable to provide adequately for themselves.

9.

International human rights law binding on most European States requires that residents be provided a minimum “degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats.”2 10.

The provision of secure tenure can have many positive implications, not the least of which is legal recognition of entire communities. Secure tenure affords people the opportunity to make improvements to their homes with the knowledge that their efforts are not wasted.

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International Covenant on Economic, Social and Cultural Rights, Article 11(1), adopted by General Assembly resolution 2200 (XXI) of 16 December 1966: “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent”.

2 Committee on Economic, Social and Cultural Rights, General Comment No. 4, The right to adequate housing (Sixth session, 1991), U.N. Doc. E/1992/23, annex III at 114 (1991), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 18 (2003) at para. 8(a), (stating in relevant part that “Tenure takes a variety of forms, including rental (public and private) accommodation, cooperative housing, lease, owner-occupation, emergency housing and informal settlements, including occupation of land or property. Notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats.

States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups.”)

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The knowledge that a community will not disappear produces greater demands and expectations by community members for improved local services. It also allows dwellers the security and peace of mind that assists them in carrying on with daily activities such as employment, education and community involvement.

11.

Security of tenure for Roma and Traveller communities would also provide incentives for states to fulfil their obligations with regard to promoting adequate housing and living conditions including the provision of clean water and sanitation facilities and other social services in the knowledge that such investments promote the long-term integration of these communities and are more cost-effective.

12.

As stated before, the lack of a minimum degree of security of tenure renders large populations of Roma and Traveller communities vulnerable to forced eviction. Forced eviction has been repeatedly condemned by the international community as a gross violation of human rights,3 in particular the right to adequate housing. Forced eviction is not only the cause and consequence of violations of other economic, social and cultural rights, but also of civil and political rights.

13.

Forced eviction leads to violations of the right to be free from arbitrary or unlawful interference with the home the right to security of the person, the right to freedom to choose one’s residence, the right to education, employment and the highest attainable standard of health, among others. The cumulative effect of such violations, originating from housing rights violations, is to deepen the social, economic and cultural exclusion of Roma and Traveller communities in Europe.

13.

International human rights standards on forced evictions have been defined by the United Nations Committee on Economic, Social and Cultural Rights. The Committee establishes that all feasible alternatives to eviction must be explored in consultation with the affected persons. The full and meaningful participation of Roma and Traveller communities cannot be understated in this regard. Their involvement in searching for alternatives to forced evictions is a key factor in the realisation of their right to adequate housing4.

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See, e.g., UN Commission on Human Rights Resolution 1993/77 adopted on 10 March 1993 and UN Commission on Human Rights Resolution 2004/28 adopted on 16 April 2004.

4 Committee on Economic, Social and Cultural Rights, General Comment No. 7, The right to adequate housing (art.

11.1 of the Covenant): forced evictions, (Sixteenth session, 1997), U.N. Doc. E/1998/22, annex IV at 113 (1997), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 45 (2003) at para. 13, (stating in relevant part that “States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force”) and at para. 15, (stating in relevant part that “Appropriate procedural protection and due process are essential aspects of all human rights but are especially pertinent in relation to a matter such as forced evictions which directly invokes a large number of the rights recognized in both the International Covenants on Human Rights. The Committee considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected;”

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14.

A positive example of the implementation of such standards can be found in the town of Peshtera, Bulgaria. There, the Ediveren community of more than 90 Roma families was threatened with forced eviction. The community is situated on land that is now considered the private property of a company. The company claimed that the community was situated in its “environmental buffer zone” and demanded eviction. After several consultations, the community has entered into a tentative agreement with the municipal authorities of Peshtera and the private company. This tentative agreement should result in a land swap allowing the Ediveren community to remain in place, having their tenure rights recognized, while the local authorities provide state land as compensation to the private company. This is a model example of meeting international human rights obligations related to the prohibition of forced eviction, including in particular the obligation to engage with communities to seek all feasible alternatives to eviction and recognition of tenure rights. The Joint Protocol for this agreement, however, is still tentative since it requires action by the national government to agree to the land swap.

15.

To achieve the larger objectives of social, economic and political integration and participation of Roma and Travellers in Europe, COHRE believes that States must – as part of a pan-European action – take steps to meet their obligations to respect, protect and fulfil the right to adequate housing of these communities. Preventing and remedying forced evictions and recognising the right to security of tenure, in genuine consultation with the affected communities, are an integral part of these obligations.

IV.

Recommendations: Suggested Areas of Prioritisation in Housing for Roma and Traveller Communities

16.

It is crucial that the housing rights of Roma and Travellers be placed on the agenda of the High-Level Meeting on Roma and Travellers and that housing rights be one of the priorities for concerted pan-European action.

17.

COHRE welcomes the inclusion of Roma and Traveller representatives in the meeting, as their input is crucial to developing durable and sustainable solutions to the housing rights and other human rights crises facing Roma and Travellers in Europe. Such participation should become an established requirement for the development of any pan-European actions that result from the High Level Meeting. Roma and Traveller communities must also be provided the opportunity to participate effectively at all levels (local, regional and national) in the planning, implementation and monitoring of programmes and policies aimed at improving their housing situation.

18.

Council of Europe member States must immediately cease forced evictions of Roma and Traveller communities. Evictions should only be carried out in the most exceptional circumstances and after all feasible alternatives have been explored in consultation with the affected communities. In addition, all persons receiving eviction orders should have access to 6

legal procedures and legal aid. When evictions are unavoidable and justifiable under international law, adequate compensation and adequate resettlement must be offered and no person should be rendered homeless or vulnerable to the violation of other human rights, as a result of an eviction.

19.

COHRE calls the Council of Europe and its member States to urgently and effectively implement the principles and recommendations that resulted from earlier Council of Europe efforts included in the following documents: Recommendations of the Committee of Ministers to member states on improving the housing conditions of Roma and Travellers in Europe Rec(2005)4, and on policies for Roma and/or Travellers in Europe CM/Rec (2008)5, as well as the Recommendation of the Commissioner for Human Rights on the implementation of the right to housing CommDH (2009) 5 and its Position Paper on the human rights of Roma (CommDH/Position Paper (2010)3.

20.

Council of Europe member States must also effectively implement the rulings of the European Committee of Social Rights and the European Court of Human Rights, which have both addressed Roma and housing rights and have both issued positive jurisprudence in this regard.5 In particular, the European Committee of Social Rights has commented on the prohibition of forced eviction, lack and inadequacy of permanent housing, insufficiency and inadequacy of stopping sites, and the lack of legal security of tenure.

21.

Internationally recognized housing rights should be incorporated into domestic law.

States must ensure that such standards are justiciable before the courts and that local authorities apply them effectively. Domestic law should set out in detail housing rights and non-discrimination requirements; identify those who are responsible for their implementation at different levels; and provide for effective remedies when these rights are violated. Victims of housing rights violations should be entitled to compensation, including the right to housing and land restitution.

22.

Council of Europe member States must take into consideration the lifestyles and needs of the Roma and Traveller communities and adapt accordingly their national housing programmes, policies and legal framework. In this regard, Council of Europe member States must uphold the right of Roma and Traveller communities to pursue a nomadic lifestyle. In such contexts, to fulfil such communities’ right to adequate housing, member States should provide short and long-term caravan sites adequately equipped for the Roma and Traveller population that require them, with the necessary security of tenure framework.

23.

In order to ensure that progress is made with respect to each of these areas, COHRE calls upon the Council of Europe to create a Pan-European mechanism focused inter alia, on the

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See, for example: European Court of Human Rights, Chapman v. The United Kingdom (Application no. 27238/95), (18 January 2001). See also: European Committee of Social Rights, European Roma Rights Center v. Greece (Complaint No. 15/200), (8 December 2004).

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realisation of the right to adequate housing for Roma and Traveller communities. This mechanism should be empowered to undertake the following measures: a. Create a comprehensive registration system wherein all Roma and Traveller settlements throughout Europe are registered and actively monitored with respect to the status of their housing rights, including their right to security of tenure. Demographic data (for example, on number of household affected by threatened forced eviction) and case data (for example, chronicling legal challenges in domestic courts) should be collected and centralized. b. Provide specific recommendations to address the housing rights violations documented and work in coordination with all relevant government and human rights institutions at local, national, regional and international levels to ensure proper implementation of those recommendations. c. Review legislation at the national level with respect to the housing rights of Roma and Travellers, and ensure that it complies with European and international human rights standards, in particular regarding non-discrimination and equality of treatment. d. Monitor the implementation by national and local authorities of relevant housing legislation and court decisions, and alert relevant national and/or European institutions in cases where there is a lack of effective implementation. e. Monitor the availability of legal remedies and legal aid for Roma and Traveller victims of housing rights violations and provide technical and financial support as required. f. Develop a plan of action for the next three years that would engage Roma and Traveller communities, experts, legal practitioners and NGOs in order to design a pan-European policy and programme on the housing rights of Roma and Traveller communities.

24.

Lastly, COHRE calls the Council of Europe and its member States to request a joint mission by the Council of Europe Commissioner for Human Rights, the UN Special Rapporteur on adequate housing as component of the right to an adequate standard of living, and on the right to non-discrimination in this context, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and the Independent Expert on minority issues, to visit the member states in order to conduct an assessment of the human rights situation of Roma and Traveller communities and to provide recommendations in order to respect, protect and fulfil the right to adequate housing of Roma and Traveller communities.

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