Coordinated Interventions in Pata Rat draft action plan (UNDP, 2014)

United Nations Development Programme

Coordinated interventions for combating marginalization and for inclusive development targeting inclusively but not exclusively the vulnerable Roma through desegregation and resettlement of the Pata Rat Area using the leverage of EStF Draft Outline to the De-segregation/Resettlement Action Plan for Pata Rat 2014-2023

Authors: 1 Tonk Gabriella 2 Julia Adorjani 3 Olimpiu Bela Lacatus

Identification of program impacts and affected populations

The present document mainly builds upon UNDP’s facilitation and involvement in local development processes in Cluj Napoca through the Preparatory Phase for Model Project: making the most of EU Fund for Sustainable Housing and Inclusion of disadvantaged Roma (explicitly but not exclusively targeted) in Cluj Metropolitan Area, implemented in 2012 and the “Area-Based Interventions for making the most of EU Fund for Sustainable Housing and Inclusion of disadvantaged Roma in pilot areas in Romania & across the border to Serbia, Macedonia and Turkey”, implemented between July 2013- May 2014. Both projects were financed by Open Society Foundation’s Making the Most of EU Funds for Roma Program.

The adopted Area Based Development approach entailed the explicit focus on and engagements with targeted Roma communities, representing the four ghettoized settlements in the Pata-Rat area. As a result, the De-segregation/resettlement Action Plan of Pata Rat for 2014-2023 is elaborated and proposed for adoption to the Local Council of Cluj.

The Draft Outline to the De-segregation/resettlement Action Plan of Pata Rat has the aim of establishing the frame for a set of infrastructural and social development interventions, necessary for de-segregation and resettlement of the mostly Roma population from the Pata Rat settlements through addressing the complex needs caused by the social exclusion these marginalized communities are facing.

Pata Rat area is a spatially segregated informal urban settlement, in a condition of multiple deprivations near the city landfill, where currently approx. 300 families are living. The 4 settlements in the area were formed mostly after repeated evictions of poor, mostly Roma families from central areas to the cityoutskirts, combined with immigration from the nearby villages in order to find means of survival in the landfill.

Actual conditions which constitutes constrains for adoption firm interventions from the side of authorities for desegregation and resettlement of the population from the Pata Rat area: 

1

The waste dump is expected to be closed latest in 2015 in the framework of a European project implemented by the County Council4 thus many families (approx.150) currently working in selective waste collection at the landfill will lose their source of income, while their very low educational and professional qualification, combined with their family responsibilities,

UNDP Local Project Coordinator, Cluj Napoca UNDP Community Coach, Cluj Napoca 3 UNDP Community Coach, Cluj Napoca 4 For more details on the landfill closure and the implementation of a modern waste management plant see the Cluj County Council, http://www.cjcluj.ro/managementul-deseurilor/ (Last accessed: 10.02.2013).

2

 

considerably harden their possibilities of employment. Considering the fact that the majority from these families have no alternative housing in other parts of the city or the region they will try to seek survival in the Municipality Being a heavily polluted industrial area, approx. 6 km away from the city, conditions for local infrastructural development for decent housing are not hoped for within the next 20 years (minimum environmental regeneration period).

Presently the Pata Rat area constitutes the main destination of the marginalization slope for families who are at high risk of losing housing and employment in the city. Despite of the extremely deprived conditions, the number of population is in continuous growth. For this reason, without firm commitment for elimination of the segregated and partly illegal settlements, and coordinated and well- designed social intervention for resettlement and desegregation, combined with actions of preventing marginalization in CMA, Pata Rat area will develop in short term to one of the greatest slum-areas in the region.

Present document is designed as an intervention proposal, supporting the implementation of the Strategy for Local Development of Cluj Napoca Municipality, namely the relocation and rehousing of Pata-Rat population, process initiated by the Municipality of Cluj Napoca in 2012.

Affected population

The data presented below result from the Participatory Assessment of the Social Situation in the PataRat and Cantonului Areas was performed within the UNDP project: Preparatory Phase of a Model Project. Making the most of EU Fund for Sustainable Housing and Inclusion of disadvantaged Roma (explicitly but not exclusively targeted) in Cluj Metropolitan Area, in partnership with the Babes Bolyai University, Faculty of Sociology and Social Work.5 The number of surveyed households is 273 with a 90% coverage of the total number of households. The number of adult inhabitants (14 or above) in the surveyed households is 691, and the number of children is 465. Thus, the total surveyed population is 1156. 78,3% of them responded to our questionnaire.

The survey results show that the majority of inhabitants declare themselves Roma (59% from the Garbage dump, 73.1% from Coastei, 76.3% on Cantonului and 81.4% from Dallas). Age distribution in Pata Rât and Cantonului area shows that the population from Pata Rât is very young, with an extremely low share of population above 55, and with more than 40% children below 14.

Housing situation

5

The Participatory Assessment of the Social Situation in the Pata-Rat and Cantonului Areas, Cluj-Napoca, December 2012, was performed within the UNDP project: Preparatory Phase of a Model Project. Making the most of EU Fund for Sustainable Housing and Inclusion of disadvantaged Roma (explicitly but not exclusively targeted) in Cluj Metropolitan Area, in partnership with the Cluj-Napoca Municipality and the North-West Regional Development Agency, with the financing of the Open Society Foundations, Making Most of EU Funds for the Roma, http://www.undp.ro/projects.php?project_id=68 (Last accessed: 11.02.2013)

The type of construction, facilities

Percentage

Legal situation of the constructions

Percentage

Improvised barracks made of timber and plastic

50%

Lease / commodate agreement with an NGO or with the local authorities

45%

Brick houses with foundation

14%

No legal document for the building or for the terrain

55%

Mud houses without foundation

4,5%

Wooden houses (built by an NGO)

15%

Trailers, plastic wooden houses

15%

Number persons

Place of origin

Number families

Cluj Napoca

170 12

containers,

and

No toilet households

43%

Shared toilet households

41%

Water source – public tap

65%

Water source – surface spring near the landfill Electricity

14% 24%

Situation of the identity documents Identity documents

of

Persons over 14 who have an identity card with an address in the city of Cluj Napoca Persons over 14 who have an identity card with an address in Cluj county

392

Cluj Metropolitan Area

Persons over 14 who have an identity card with an address in another county

82

Other localities in Cluj county

Persons over 14 who have a temporary identity card, with no address

121

Other counties

Persons over 14 who do not have an identity card but have CNP and a birth certificate

50

Persons without identity card

23

Children who do not have either birth certificate or CNP

41

Educational status of children Educational status of children

Procent (număr)

Children between 7 and 14 years old who are registered with a school

50% (131 copii)

Children registered with a school who are part of a special form of learning

38% (50 copii)

of

Health status With regard to the population’s health status, the survey shows a relatively high number of chronic diseases diagnosed both in children and adults, as well as a relatively high number of disabilities and invalidity cases. Data in this field might be underestimated by the fact that the population has a limited access to medical services so many chronic diseases could remain unrevealed.

26.7% of the working-age population (18-64) suffer from an acute or from a chronical illness, or from various forms of disability.

Health insurance

Percentage

Persons without health insurance

60%

Persons who are not registered with a family doctor

40%

There is one doctor’s office in Pata Rât. One family doctor come for two hours a week and 24.6% of the communities’ members are registered at the doctor’s office.

Social benefits6 Social benefits

Percentage

Do not benefit from welfare or from the free meals offered by the social canteen of the city hall

85%

Benefit from welfare and from the free meals offered by the social canteen of the city hall

10%

Families with children under 14 who do not benefit from children allowance

25%

Families with children under 14 who benefit from support allowance for families in need

6%

Unemployment allowance

1%

Economic autonomy Economic autonomy

Number of families

Own a house with property documents in an other area

33

Own a house without having property documents

13

Own both land for agriculture and a house

7

6

Situation has changed since October 2012

Families considered economically autonomous Most economically vulnerable families

7

8

20 145

Social relations In the case of the families from Cantonului and from Coastei there is an imbalance between how often they visit their relatives in the city – almost half of those who have relatives in the city visit them weekly or monthly – and how often their relatives visit them in Pata Rat – only approximately one third of the families are visited by their relatives. In the case of the families from Dallas, the situation is more balanced: approximately one third of those who have relatives in the city visit them weekly or monthly and their relatives return the visits in Pata Rat with the same frequency.

In the case of the families who live near the waste field, only five have relatives in Cluj and only two of them pay and receive visits.

Planned impact of the proposed intervention measures

The needs that must be addressed on short, medium and long term are those expressed by the inhabitants of the settlements, highlighted throughout the community facilitation process in the frame of the above-mentioned UNDP technical assistance project (July 2012 – February 2013): Full participation in the mainstream society; desegregation and improvement of the housing situation; access to education and vocational qualification; access to health care services; access to childcare services; formal employment; access to social services and care services for those facing disability of persistent, activity-limiting illness; access to secure, violence-free living environment.

There is a vicious circle running from illegal, isolated and inadequate housing, occasional, informal work for everyday survival, lack of adequate education and professional qualification, use of informal childcare arrangements that often prove to be unreliable, the loss of work capacity among those with precarious health at a relatively young age to reliance on the involvement of school-aged children for income-generating activities. Existing policy measures in Romania and the local authorities failed so far to break this chain of problems and the design of an integrated set of innovative measures is much needed.

The present document has an approach which promotes coordinated interventions at all levels of society, necessary for social transformation which is the premise of resettlement and social inclusion of 7

Criteria of economic autonomy are: obtaining income outside of the landfill and possessing at least one of the four economic resources (Internet, electric counter, car) 8 Families who don’t obtain income outside of the landfill and do not have any of resources mentioned for economic autonomy

marginalized Roma: at the local authorities’ level, as they are responsible for guaranteeing the constitutional rights for every citizen; at the institutional and non-governmental organizations’ level as they have responsibilities in the social inclusion field; at the majority population’s level, as the majority community needs to reconsider the anti-Roma attitudes; at the marginalized Roma communities’ level, taking into account also the family and individual level with resources (e.g. cohesion, solidarity), needs and vulnerabilities. The measures which are envisaged within this action plan aims at preparing the social inclusion of families currently living in Pata Rat: to the city of Cluj (for those who were evicted from the city or ended up in Pata Rat due to different kind of difficulties faced in the city); to rural communities in the surroundings of Cluj and other counties, as there is share of the population who is more willing to move in rural environment, taking into consideration their origins and living habits.

Methodological considerations

Mainstream public services often neglect the fact that marginalized, isolated, and discriminated communities have more complex needs and different experiences from the majority population in the city. This means that all interventions and projects targeting these communities must be based on a deep understanding of the communities’ needs, resources and visions. Thus, the present approach opens a space of reciprocity for the local institutions, the marginalized community and the majority of the population. It is this ‘space’ that makes real cooperation for social inclusion possible. Therefore, in the Action Plan the focus is equally divided between the institutional coaching and community coaching9 which are running in parallel, matching the Top-down and Bottom-up approach in local development.

In practice this approach is reflected in three ways: o Horizontal networking, through involving all stakeholders and nurturing sectorial and intersectorial partnerships o High level of community participation, leading to citizen involvement and ownership. The project has a participatory design, and it is based on the last two years of community coaching o The complexity of the phenomena is addressed by the coordinated and integrated interventions in all key area: education, culture, employment, security, health, inclusive economic development.

We consider this type of intervention necessary for the intended social transformation, as a premise for the resettlement and for the social inclusion of marginalized Roma.

9

Community coaching is a development tool to encourage the communities and their members to achieve their full potential and to accumulate social capital by working together. Community coaching takes a holistic view of society and work to balance the economic, the environmental, the spiritual, and the political forces that constitute it.

The measures which are envisaged within this project aim at preparing the social inclusion of families currently living in Pata Rat: to the city of Cluj (for those who were evicted from the city or ended up in Pata Rat due to different kind of difficulties faced in the city); to rural communities in the surroundings of Cluj and other counties, as there is share of the population more willing to move in rural environment, taking into consideration their origins and living habits.

Taking into consideration that the family system carries the most important resources, the focus must be moved from vulnerable individuals to their whole families, to enable them as family members, engaging them to improve their life. The integrated measures try to achieve this by removing the barriers of lack of child-care services, the disincentives to use existing educational and training opportunities, the threat of losing informal, survival earnings and difficulty to access health care services that may counter the consequences of precarious health, invalidity or disability.

Institutional context and needs for development

For the implementation of such an ambitious Action Plan, existing institutional capacity on level of Cluj City is assumed to be insufficient. The Directorate for Social and Medical Assistance, presently the only responsible body from the Municipality which aims to prevent and combat marginalization through provision of social services and benefits, has failed so far to cope with the complex situation from Pata Rat and from other smaller poverty pockets from the city. The DSMA is hardly capable to respond to the solicitations from the mainstream society, to problems which include unsupported elderly, child abuse and neglect, domestic violence, substance abuse etc. The insufficient coverage of social services which is shown in the area of domestic violence, child protection, elderly care, addicted persons, delinquency etc. pressures the DSMA to develop the social assistance sector more. On the other hand, the most disadvantaged communities, especially the Roma, who face such complex challenges, discrimination and deep poverty is out of the reach of the actual social service system.

As the interventions for social inclusion of marginalized groups are much more complex than providing social assistance, and must have an intersectorial and interdisciplinary character, establishment of a new and solid institutional infrastructure is the premisse of a succsessful carriing out of the Desegregation/resettlement Action Plan of Pata Rat. Thus, the most urgent action is the establishment of the Center for Coordination of Social Inclusion in Cluj Metropolitan Area (CCSI-CMA). As the new programmatic documents have a clear territorial approach, where urban and rural areas are treated as cohesive territorial units, the issue of social inclusion of marginalized groups is strongly encouraged to be treated with an area based approach. Thus, the Association for Intercommunitarian Development (Asociatia de Dezvoltare Intercomunitara) of the Cluj Metropolitan Area is the optimal body to carry out the De-segregation/resettlement Action Plan of Pata Rat, hosting the Center for Coordination of Social Inclusion in Cluj Metropolitan Area.

The CCSI-CMA will be responsible for coordination of and partly caring out the ’soft’ measures needed for the social inclusion of highly disadvantaged families from Pata Rat. The CCSI-CMA would therefore have the following tasks: - Preparation of and methodological support for new inclusive development projects in the next programmatic period of EU Structural Funds aiming at social inclusion of disadvantaged groups, among them the vulnerable Roma communities.

- Coordination of social inclusion measures through creating and developing institutional networks in the field of inclusive education, health care, community security, social housing, which aim to support mainstream public services in responding adequtely to the special needs of the most disadvantaged groups, including the Roma; - Community coachig and facilitation in Pata Rat for ensuring the preparation of full participation and democratic representation of the marginalized communities in the development process and of the smooth implementation of the resettlement and rehousing process, in cooperation with the targeted population; - Developing policies and methodologies in social inclusion, providing training for professionals;

Description of the framework of the de-segregation/resettlement procedure

The following framework contains both mainstreaming and targeted actions. Mainstreaming actions has the role of preparing responsible institutions to be able to respond adequatly to the needs of a highly disadvantaged population including the Roma. Targeted actions aim to add missing components/services to the existing (mainstream) ones in order to overcome disadvantages and ultimately to create a bridge between beneficiaries and mainstream services.

The core actions are addressing the main sectors where vulnerable Roma population generally face huge disadvantages compared to the non Roma. These sectors are: housing, employment, education, access to health care and social services. The proposed core actions contain both mainstreaming and targeted actions.

Core actions are supported by other actions which have a double role. On one hand, they aim to enhance the impact of the core actions. On the other hand, they build upon the existing institutional infrastructure by establishing new units which strengthen the capacity of the bodies who are responsible for the adequate implementation of the core actions.

Core interventions: 1. Social housing actions addressing the inhabitants of Pata Rat Area, serving as the main instrument of de-segregation and social inclusion

Social housing

1.

2 0 1 4

2 0 1 5

2 0 1 6

2 0 1 7

2 0 1 8

2 0 1 9

2 0 2 0

2 0 2 1

2 0 2 2

2 Source of 0 financing 0 3

Impact/Estimated number beneficiaries

of

Responsible institution

Partner

Municipality

Habitat for Humanity

Providing land by the Municipality for private constructions, with the involvement of a specialized NGO, for constructing social houses with mixt ownership (private/public)

Local budget

6 families from PRA

2.

Purchasing land and constructing new social houses in integrate parts of the city using EStF in Cluj Municipality

Local budget, ERDF

210 disadvantaged families, out of which 100 families from PRA (20 apartments/year between 2016-2020)

Municipality

3.

Identifying and rehabilitating available real estate owned by the Municipality of Cluj for creating new social apartments - using EStF

Local budget, ERDF

apartments (5 apartments /year), 15 families from PRA

Municipality

4.

Offering temporary accommodation accompanied by social assistance for families from PRA, aiming at their preparation for an autonomous life

Local budget, ESF

80 families assisted in 8 years

Municipality

Private social service provider (NGO)

5.

Offering rental subvention for vulnerable families through social renting agency system

Local budget, ESF

40 families assisted in 8 years

Municipality

Private social service provider (NGO)

6.

Providing social apartments from the regular social housing stock, giving priority to those families who were evicted by the Municipality while having rental contract, as a reparatory measure

Local and national budget

24 families from former Coastei community

Municipality

Local budgets of local authorities from the communes of origin, EARDF

46 families who own houses in other localities but Cluj

Local authorities from CMA and other communes of origin

NGO

9 families who own

Local

NGO

6 non disadvantaged families

Roma

Actions to be undertaken by local authorities from CMA and from the native villages of the people from Pata Rât Area 7.

Supporting the rehabilitation of private homes of people from Pata Rât Area originating from CMA and from the other villages

8.

Clarifying the legal situation of the

properties owned by those who immigrated in Cluj from other localities

9.

Providing land by the local authorities in the Cluj Metropolitan Area for assisted private construction of housing for the social inclusion of families currently living in Pata Rat

Local budgets of local authorities from the communes of origin, EARDF

house without legal documents

authorities from CMA and other communes of origin

10 families who has rural background

Local budgets of local authorities from the communes of origin

Connections and necesarry synergies with other Directions of actions: -

-

-

-

-

Actions for developing institutional capacity in order to ensure the sustainability, quality and monitoring of the process: social interventions, including infrastructural development, should be under the coordination of the Coordinating Center for Social Inclusion. Social renting agency is one of the implementing agencies of the social housing actions Actions for ensuring regular income/employment for the families from Pata Rat Area: social housing projects should employ with priority work force from the target group; Creating new work places is a priority for the sustainability of the social housing actions Actions for ensuring the representation and the participation of the communities from Pata Rât in the development process: given the fact that a).relocation will take place over a long period of time (approx. 10 years), communities will be affected by the continuous selection processes, and by competition for benefits among families; b). since families are of different sizes, have different needs, and possess different resources, continuous consultation, negotiations, and common planning are necessary in order to meet the needs of the targeted families. Community facilitation and coaching are indispensable.

Actions for ensuring access to social services and benefits: Preparing families for resettlement and offering them long term assistance are very important for the sustainability of social housing actions Actions to challenge the anti-Roma attitudes and prejudices of the majority population: Neighborhoods where people from Pata Rât will move must also be prepared for the inclusion of the disadvantaged Roma

Role of NGOs: Habitat for Humanity, World Vision, Diakonia Foundation, Resource Center from Roma Communities, Romanian Foundation for Child, Family and Community, Foundation for Development of People etc. are active NGOs which can be enrolled in implemetation of social hosing measures, taking in consideration the complexity and the social needs of the targeted communities.

Legal considerations regarding housing rights and local authority’s responsibilities in the field of social housing

LAW NO. 215/2001 FOR LOCAL PUBLIC ADMINISTRATION The autorities of the local public administration can adopt decisions that are part of their competence area, in conformity with the legal principle of local autonomy. Among others, local councils exercise attributions regarding the social, economic, and environmental development of the village or of the city; attributions regarding the management of public services addressed to the citizens (including social services); attributions regarding internal and external instutional cooperation. In exercising these duties, local councils can also adopt decisions in the social realm, such as:   

Approving subventions for renting the houses that are part of the housing fund of the respective administrative-territorial unit; Leasing, commissioning, or renting public and private goods as well as public services to the village or to the city, as stated by the law; Approving the building of social housing and the criteria for the distribution of social housingand of the utilities owned or managed by the local council;

LAW NO. 114 FROM OCTOBER 11, 1996 REGULATING THE HOUSING ISSUE The Law establishes the general frame of implementing, exploiting, and managing housing. At the level of principle, it stipulates that „every citizen has the right to free and unconstrained access to housing,” and „houses building constitutes a major, national, and long-term objective of the public administration, both at local and at central level.

Thus, building houses is „a major objective,” not a specific responsibility of the authorities.

A. Social houses with subsidized rent (built or rehabilitated) The Law no. 114/1996 offers the definition of a social house: a subsidized rent house that „is attributed to some individuals or families whose economic situation denies them the access to a property or to market-priced renting” (art. 2, lettter c). The regulation of social housing is set by the articles 38-50 of the Law. Local administrative units are offered the possibility to build or to rehabilitate social houses. We notice that the law-maker does not stipulate the obligation of the administrative-territorial unit to constitute a social housing fund. The law stipulates that local budgets finance the building and the rehabilitation of the social houses and the state supports their building through annual state budget transfers.

Social houses belong to the domain of the administrative-territorial units and are placed only on the land that belongs to these units. According to the law, social houses can be rented, but never sold or sub-rented.

Another important aspect of the law is the fact that it explicitly states the minimal rules of comfort for social houses (art. 41), establishing the minimal surface of the rooms and the mandatory utilities.

The Law no. 114/1996 establishes the rules of access for the citizens’ access to social housing, including the priority order at their distribution. Under the law, local authorities can decide every year over the criteria for their distribution.

Social houses are destined to individuals or families whose average income for the last 12 months has been under the national average income, as communicated by the National Statistics Institute in the last Statistical Bulletin, one month prior to the moment when the request is analyzed and one month prior to the distribution of the house (art 42). The individuals and the families who apply for social houses cannot a) b) c) d)

Own a house; Had sold or given away a house after January 1, 1990, prior to their application; Benefitted from the state’s support in financing and building a house; Own, as tennants, another house from the state’s housing fund (art. 48).

The norms for the Housing Law enforcement, Decision no. 1275/2000 (published in Monitorul Oficial nr. 690/2000) regarding the approval of the Methodological Norms for the enforcement of the Housing Law no. 114/1996 The norms bring new specifications for the eligibility criteria. Art. 30 paragraph 2 of the Decision stipulates: „The basic criteria for establishing the way to set the requests and the priority order will be the following: a) The living conditions of the solicitants; b) The number of children and of the other persons who share the same household with the solicitant; c) The health status of the solicitants or of their family members; d) The monthly average income per family member; e) The time passed since the request was issued.

At least 90 percent of the nominal value of the rent for these houses will be subsidized from the local budget of the adminitrative-territorial unit where the social house is situated.

B. Subsidized building and selling of houses Local councils have the possibility (art. 7) to finance from special funds the building of houses whose built surface respects the minimal comfort standards, in order to support the access to property for certain categories of persons, in the following order: a) Young married couples who are under 35 at the moment of contracting the house; b) Specific categories of individuals who benefit from special facilities when buying or building a house, under the Law regarding the gratefulness for the martyr-heroes, the fighters in the 1989 Romanian Revolution of 1989, and the individuals who gave their lives or suffered from the anticommunist workers’ uprising in Braşov, in November 1987; c) Highly skilled individuals employed in agriculture, education, the health system, public administration, and religious cults, who establish their residence in rural areas; d) Other categories of individuals as decided by local councils.

The individuals belonging to the above-mentioned categories can benefit from a subsidy from the state budget, up to 30 percent of the house value calculated from its final value, in the limits set by the annual budget and in relation with the monthly average income per family member. The difference to the final

price of the house can be split in installments for 20 years, after the subsidy and the mandatory minimal payment of 10 percent advanced by the solicitant were subtracted from the total value of the house at the moment when the contract was signed.

THE LAW no. 116 FROM MARCH 15, 2002, REGARDING THE PREVENTION AND THE FIGHT AGAINST SOCIAL MARGINALIZATION Acquiring subsidized housing or rent subsidies The Law no. 116/2002 adds to the regulatory frame of the Law no. 114/1996 which regulates the right to housing.

The object of the Law for the prevention and the fight against social marginalization is to guarantee (young) people’s effective access to basic fundamental rights like the right to work, to housing, to medical assistance, to education. It also sets the measures for preventing and fighting against social marginalization and for mobilizing the institutions that have responsibilities in this field.

Ensuring the right to housing is done through actions of combating social marginalization, mandatory decided by the central and local state institutions (art. 4).

Access to housing is regulated by the art. 13-15 of the Law no. 116/2002.

The Law gives to the county councils the possibility to fully cover the value of the advance payment for a house, or the rent for a period up to three years. The amount is set annually by the county councils or by the City of Bucharest General Council, under the provisions of the normative acts that regulate house building, and can be adjusted periodically according to the evolution of consumption prices and housing costs.

Acquiring housing means both building a new house and buying a house on the free market. In the latter case, the sum covered from the county budget has to represent at least one third of the sale-contract value.

County councils, or the City of Bucharest General Council, will establish the criteria for granting the financial support set by the Law no. 116/2002, taking into account the following priorities: a) Youngsters coming from orphanages and children foster centers, institutions that are under the supervision of specialized public and private bodies that are authorized in the field of children protection; b) Family members under 35 who have children in their care; c) Family members under 35 without children; d) Other categories of individuals who are under 35 years old.

THE LAW NO. 50/1991 REGULATING THE AUTHORIZATION OF THE BUILDING OPERATIONS Leasing the land for construction The Law no. 50/1991 stipulates the lease arrangements for construction sites and is of great interest for accomplishing many social projects.

The land belonging to the public and to the private domain of the state or of the administrativeterritorial units can be leased through public auction. The land belonging to the public domain of the state or of the administrative-territorial units can be used only for construction work or objectives that are of public interest or for public use (art. 13).

The land for building can be leased without public auction, by paying royalties, or can be used freely on a limited term, in the following situations (art. 14): a) For accomplishing public utility or charity objectives that have a social character, are not for profit, and are different from the ones that are realized by the local collectivities on their land; b) For the National Housing Agency, for construction purposes; c) For building houses for young people, under 35; d) For moving the households that are destroyed or affected by natural disasters; e) For expanding a construction site on neighbouring grounds, at the explicit request of the owner or with her approval; f) For works targetting the protection or the valorization of historical monuments as defined by the law, approved by the Ministry of Culture and Religious Cults, and in the parameters set by the urbanism documentation required by the law.

The minimum price for land leasing at a public auction is decided by the county councils, the City of Bucharest General Council, or the local councils, at a level that ensures that the whole selling price of the land is recovered in 25 years, on the market. Infrastructural costs needed are added to this price.

Land leasing needs to respect the provisions of the law and its duration is established by the local councils, the county councils, and the City of Bucharest General Council, according to the specifications of the urbanism docummentation and the nature of the building.

The conditions for the construction permit / Procedure for becoming legal The law regarding the authorization for the execution of construction works and the Methodological Norms from October 12, 2009 regarding the enforcement of the Law no. 50/1991 establish the procedure for authorizing the construction works on public or private land.

The procedure for authorization starts once the request for the issuing of the urbanism certificate is submitted, with the explicit mentioning of the purpose of the request – the intention to get the authorization for construction as a final document. The procedure constitutes the ensemble of the operations that have as a final point the authorizing of the construction works execution at the level of the local/county public administration.

The authorization is issued for the bearer of a right in rem over the land needed for construction. The right in rem is the individual patrimonial right on whose foundation the holder can exercise certain powers and prerogatives over a certain good, in a direct and unmediated way, without the intervention of other person.

The rights in rem are: 

The property right;









The building rights (rights in rem resulted from the property right a person has over the constructions, the plantations, or other works placed on a piece of land that belongs to another person, and the right of use over the respective piece of land; the constitution of the building rights over the privat domain of the state or of the administrative-territorial units is possible without restrictions); The usufruct right (the right in rem that temporarily confers to its bearer the possession and the use of the goods that belong to another person, with the obligation to conserve their substance); The right of use and habitation (the right of use is that right in rem that allows ite bearer to possess and use the respective good and to rip its fruits only for his / her needs and his / her family; the habitation right is that right in rem that has as its object a house and allows its bearer to possess and to use the house, the property of another person, with the goal of satisfying his / her accommodation needs); The servitude right (the right in rem by which an estate, owned by one person is subject to a specified use or enjoyment by another).

The following rights in rem can be constituted around public property: 

Administration right (for the authorities of the central public administration and for other public institutions of national, county, or local interests);



The lease right (the convention through which a person – physical or juridical – earns the right to exploit certain public services or certain state goods, in exchange for some benefits for the state);



The use right (the use right is free for the public utility institutions).

The following works that do not modify the resistance structure, the initial characteristics of the buildings, or their architectural aspect can be executed without authorization (art. 11, the La1 no.

50/1991): The construction and placement of stalls or covered and open tables for the distribution and marketing of media, books, and flowers, which are placed directly on the ground, without foundations and platforms, and without connections to urban utilities except electricity are allowed even in the absence of a building permit.

Conditions for becoming legal (art. 59 from the Methodological norms for enforcing the Law no.

50/1991) The control body who sanctioned the deed of executing construction works without authorization or by breaching its provisions, in addition to stopping the work, must take the measures needed for reframing the works within the provisions of the authorization, or for demolishing the construction works performed without authorization, in a certain period that will be determined by the official protocol.

In order for construction / demolition works to become legal, the authority of the public administration competent to issue the authorization has the obligation to analyze the mode in which the construction corresponds to the regulations set by the urbanism docummentation approved for the placement area.

According to these parameters, it can decide the maintaining or the demolishing of the construction works executed without authorization or by breaching its provisions If the construction works executed without authorization meets the urbanistic criteria for integration in the pre-existing built environment, local administration can issue a building permit.

Demolishing the unauthorized construction works that are executed on the public or private domain of the state or of the administrative-territorial units The unauthorized construction works that are executed on the public or private domain of the state or of the administrative-territorial units – county, city, towns, and villages – including the provisional ones, can be disbanded by the authority of public administration in that area, following an administrative path, without notifying the judicial courts, and on the expense of the offender.

The above-mentioned procedure is enforced by the public administration in the area of the administrative-territorial unit where the building is placed. The disbandment can be made by default or at the explicit request of the legal user of the land.

If the authorities do not accomplish the disbandment procedure in 15 days from the request date, the legal user of the terrain can proceed immediately at the dibandment of the construction works with no building permit.

THE LAW NO. 15 of JANUARY 9, 2003 REGARDING THE SUPPORT GIVEN TO YOUNG PEOPLE FOR BUILDING AN ESTATE The Law no. 15/2003 regulates the regime of assigning pieces of land from the private domain of the administrative-territorial units – at request – to young people between 18 and 35 years old, for building propertied house.

The land is assigned for free use for the whole duration of existence of the estate, within the limits of the available land, by the decision of the local councils of the villages, towns, cities, or by the City of Bucharest council.

The assignment follows the priority order established according to the criteria decided by the local council.

The surface of the land pieces that can be assigned to young people for building their personal houses will range between 150 and 300 square meters in the large cities and in Bucharest, between 250 and 400 square meters in towns, and between 250 and 1,000 square meters in villages.

Conditions for the beneficiary a. Are over 18; b. At the time of their request and at the time of its solving, they have not had a propertied estate or a piece of land destined to construction in that locality or in another one.

Local councils can establish supplemental criteria when deciding on the assignment of the available land.

The beneficiary of the land must begin the construction work within a year from the date when the land was assigned and to execute it by complying with the provisions of the Law no. 50/1991 regarding the authorization of the construction works, republished with modifications and additions.

The urbanistic regional plans and the detailed urbanistic plan regarding the ensembles of standardhouses – lined or connected – built on specifically identified land are initiated and financed by the local councils.

Young people who built their estates under the Law no. 15/2003 are exempted from taxes for their building for ten years from its finishing.

When the building of the estate is finalized, the local council can decide, the direct sell of the land to the owner of the house, at his/her request. The price is set by technical expertize by an authorized expert and must be approved by the local council.

2. Actions for ensuring regular income/employment for the families Employment

2 0 1 4

2 0 1 5

2 0 1 6

2 0 1 7

2 0 1 8

2 0 1 9

2 0 2 0

2 0 2 1

2 0 2 2

2 Source of 0 financing 2 3

Impact/Estimated number of beneficiaries

Responsibl e institution

Partner

40 persons from PRA employed with short term working contracts in constructions

Municipalit y

National Council for Combating Discrimination

10 .

Facilitating the employment of workforce from Pata Rat Area in the construction projects of the Municipality

11 .

Supporting the established social economy units by contracting them by the Municipality for providing goods and services which are purchased regularly by the Municipality (e.g. public space maintenance work)

ESF

5 social economy units involved in providing public goods and services (e.g. public maintenance works)

Municipalit y

Social economy units, NGOs

12 .

Networking with and training for the County Labor Agency in order to provide adequate services for the most disadvantaged categories of population, including the Roma

ESF

Institutional capacity of mainstream employment services improved

CCSI CMA

County Agency

13 .

Support for employment on the regular job market through mediation.

Facilitation of employment of people from Pata Rat through negotiated agreements with employers The contracts would offer incentives for employers and job support services for the employees, including training in the workplace, coaching and mentoring.

Local budget, ESF, National budget

180 persons supported for employment on regular job market

CCSI CMA, DSMA

NGOs, County Labor Agency

14 .

Creating new jobs through rural economy development

EARDF

50 persons involved in rural development projects

CCSI CMA, Local authorities from CMA and other communes of origin

NGOs

15 .

Facilitating the establishment of social economy units including the agricultural sectors

ESF, EARDF

40 persons involved in social economy projects

CCSI CMA, Local authorities from CMA and other

NGOs

Labor

communes of origin 16 .

Supporting (self)employment through buttressing traditional trades

EARDF

20 persons involved

Local authorities from CMA and other communes of origin

NGOs

17 .

Ensuring business and mentoring

Municipali ty, FSF, private funds

Improving the business skills of at least 20 persons

CCSI CMA

NGOs, County Labor Agency, SME Agency

18 .

Developing local policies support the employment marginalized groups economic activities financed the local/public budget

CCSI CMA Municipalit y

NGOs

19 .

Developing local policies and opportunities in order to transform work in the benefit of community into a training process which increases the employability of the persons involved.

CCSI CMA Municipalit y, DSMA

NGOs

counseling

to of in by Municipali ty

Families who has minimum wage will benefit from this action

Connections and necesarry synergies with other Directions of actions: -

-

-

Actions for developing institutional capacity to ensure the sustainability, quality and monitoring of the process: the Coordinating Center for Social Inclusion should be responsible for policy development and coordination of employment services with other services; Actions for improving the educational status of the inhabitants contains actions for increasing employability of youngsters and adults; Actions for ensuring the representation and participation of the communities in the development process: coaching and facilitation will be necessary because a) communities will be affected by the continuous selection process and by the competition for benefits among families; b) the large variety of needs, cultural backgrounds, experiences, and skills make permanent consultation necessary in order to use the resources of the community to the greatest extent.

Actions for ensuring access to social services and benefits, necessary for enhancing the impact of employment-related measures: addressing the subsidiary needs of the active members of the families, e.g. child minding or transportation means; supporting life changing strategies, e.g. preparing families and individuals for formal employment, and coaching and mentoring them for keeping their jobs.

Role of NGOs: Some NGOs have already gained experience in setting up and running social economy units which employ members of vulnerable groups, including Roma. Their experience would prove valuable for these processes.

Legal considerations regarding the affirmative measures in public procurement procedures

EMERGENCY ORDINANCE NO. 34/ 2006 regarding public procurement procedures According to Article 34, (1), the contracting authority has the right in the frame of the tender document to impose special conditions of implementing the contract through which aims at gaining a positive social impact, environmental protection and durable development.

This article allows to the contracting authority to include special criteria regarding the participation of disadvantaged groups in order to deliver programmes with positive impact on the group. Orgnaizations representing these persons can participate at the tender procedure alone or in partnership with other organizations.

3. Actions for improving the educational status of the inhabitants Education

2 0 1 4

2 0 1 5

2 0 1 6

2 0 1 7

2 0 1 8

2 0 1 9

2 0 2 0

2 0 2 1

2 0 2 2

2 Source of 0 financing 2 3

Impact/Estimated number of beneficiaries

Responsible institution

20 .

Ensuring participation in the Second Chance Education program

Local budget, ESF, national budget

350 minors and adults will have basic aducation and at least 150 will gain Qualifications due to the program

County School Inspectorate

21 .

Ensuring market-oriented vocational training for those in need, based on needs evaluation of the economic sector

Local budget, ESF

At least 300 persons will benefit from market oriented trainings

Social Inclusion Center from the DSMA

22 .

Ensuring conditions for vocational training attendance (scholarships, transportation etc.)

Local budget, ESF

At least 300 persons will benefit from market oriented trainings

Social Inclusion Center from the DSMA

23 .

Ensuring de-segregated, quality education for children, through developing a network of inclusive schools and through developing local/national policies to offer incentives and facilities to the schools which join the educational network. The network of inclusive schools is described below.

Local budget, EEA Grants, ESF

County School Inspectorate Municipality

24 .

Ensuring de-segregated preschool education through increasing the number of available places in kindergartens and through creating the network of inclusive kindergartens

Municipality, ERDF

At least 1500 pupils, 150 teachers and parents from the inclusive schools will benefit from transcultural education. At least 100 pupils from Pata Rât will be enrolled in desegregated schools.

At least 200 children from PRA will benefit from kindergarten

25 .

Ensuring under 3

Local budget, ERDF

At least 50 children under 3 will benefit from crèches.

Municipality

26 .

Ensure school transportation for all children from Pata Rat

Local budget

All children from Pata Rat will have access to school transportation

DSMA

27 .

Preventing children’s unjustified enrollment in schools for children with special needs through counselling for parents and

Local budget

Decreasing the annual number of children enrolled to School for Children with Special

DSMA

crèches

for

children

County School Inspectorate Municipality

elimination of financial barriers of mainstream school attendance

Needs

Connections and necesarry synergies with other Directions of actions: -

-

-

Actions for developing institutional capacity to ensure the sustainability, quality and monitoring of the process: the Coordinating Center for Social Inclusion should be responsible for policy development and coordination of educational services with other services; Actions for ensuring access to social services and benefits: provision of services for preventing school abandonment, including the elimination of financial barriers which are responsible for school abandonment. Inciting schools to join the network of inclusive schools is highly important.

Actions to challenge the anti-Roma attitudes and prejudices of the majority population: anti-discrimination campaigns will support the development of the network of inclusive schools

The creation of a network of inclusive schools10 is an action meant to prevent school segregation and to promote the de-segregation of the Romani classes at Traian Darjan School. Through services which address the whole school community (teachers, children and parents) inclusiveness of the schools is increased. Social services are also meant to prevent school drop out and to improve school performances of the children from disadvantaged families, including Roma. Administrative incentives as well as infrastructural development for schools are also necessary.

The role of NGOs: NGOs experience in provisioning educational services, preventive and community development services is highly valuable at this point.

The role of the County School Inspectorate: facilitating of local implementation of national policies regarding inclusive education and school desegregation through administrative incentives and other measures

Administrative incentives for schools for full implementation of policies in the field of inclusive education

The Law no. 1 from January 5, 2011 for national education, published in Monitorul Oficial no. 18 from January 10, 2011 and enforced since February 9, 2011 In the second article, the Law stipulates that „the educational ideal of the Romanian school resides in the free, integral, and harmonious development of human individuality, in the creation of autonomous personality, and in the adoption of a value system that are necessary for personal development and fulfillment, for entrepreneurial development, for active citizens’ involvement in society, for social 10

The concept of the Network of Inclusive Schools is originally from the US and is aiming to promote quality education for ALL children, regardless of race, socio-economic situation and learning capacitites. In Cluj Napoca Desire Foundation has a significant contribution for proposing the concept for policy improvemet. The present document however uses the concept in the frame of social assistance and support of the children and their families who are in risk of school drop-out, and community development in schools.

inclusion, and for insertion on the labour market. In the third article, it consacrates the social incluzion principle among the principles that govern medium and higher education and continuous learning in Romania.

Under the law, the state offers to the Romanian citizens equal and non-discriminatory access to all levels and forms of education and to continuous learning.

Other normative acts that explicitly prohibit segregation in the Romanian schools and / or propose measures for de-segregation:  Order no. 1540 from July 19, 2007, regarding the interdiction of school segregation of Roma children and the Methodology for the prevention and the elimination of school segregation of Roma children;  Order no. 1539 from July 19, 2007, regarding the norms of employment and activity for the school mediator;  Order no. 1529/2007, regarding diversity development in the national curriculum;  Decision no. 522 from April 19, 2006 for modifying and completing the Governmental Decision no. 430/2001 regarding the Romanian Government Strategy for improving the situation of Roma population;  Decision no. 430/2001 regarding the Romanian Government Strategy for improving the situation of Roma population.

Encouraging inclusive education Under the Law no. 1/2011 (art. 109), the Ministry of Education, Research, Youth and Sport finances annually, within the national programs approved through governmental decision, between schools competitions based on the institutional evaluation of two major dimensions: inclusion and performance.

According to these evaluations, a classification of the schools will provide a five-level score: excellent, very good, satisfactory, unsatisfactory.

The state gives awards both to the schools – public, private, or confessional – that have high scores for inclusion and to the schools that have high scores for performance. The schools that get low scores – satisfactory or unsatisfactory – are monitorized with the explicit purpose to increase their performance.

The adoption of inclusive practices in schools is also encouraged through the following methods: - The activities that support the adoption of inclusive practices in schools are included among the attributions and the performance criteria of the function of school mediator (annex 20 and annex 21 from Order no. 6143/2011, regarding the methodology for the annual evaluation of the didactic and auxiliary personnel).

- The activity unfolded with the purpuse of increasing equity in education – remedial and inclusive education, educational programs for parents (recognized at county/national level and approved by the schools inspectorate) – is included among the criteria for awarding the merit gradation to the teaching personnel (art. 6 from Order no. 5455/2013, regarding the Methodology and the criteria for awarding the merit gradation to the teaching personnel) Financing The law regulates the financing of the schools – basic, complementary, and supplemental.

The state offers the basic financing (art. 104) for all pre-school and school children who follow a certain educational level - primary, secondary, vocational, and highschool – and are registered with a state, private, or confessional school, or with a state post-secondary institution.

The basic financing is ensured from the state budget (through local budgets), from the amounts

deducted from the value added tax, with the purpose to cover the following items of expenditure, which are considered the calculation basis of the standard cost per student / preschooler: a) expenses related to salaries, bonuses, allowances, and other payments established by law, and their related contributions to the state budget; b) expenses related to professional training; c) expenses related to the periodic evaluation of the students; d) expenses related to goods and services.

Complementary financing (art. 105) ensures the capital related expenses, the social expenses, and other expenses associated to the education process that are not part of the basic financing of the school units.

They are covered by the local budgets of the administrative-territorial units where the school units belong, and deducted the value added tax, as approved by the law for the state budget, with the purpose to cover the following items of expenditure: a) investments, capital repairing, consolidations; b) subsidies for dormitories and cafeterias; c) expenses related to the periodic evaluation of the students; d) expenses related to students’ scholarships; e) expenses related to students’transportation, according to the provisions of art. 84 paragraph 1; f) expenses related to the commuting of the teaching and auxiliary personnel, under the law; g) expenses related to the mandatory medical examination of those employed in education, with the exception of those examinations that are free under the law; h) expenses related to school competitions and other activities organized within the education system; i) expenses related to providing a healthy and safe environment for the personnel and for the students; j) expenses related to emergency situation management; k) expenses related to participation in European cooperation projects in the domain of education and professional formation; l) other expenses for goods and services that are not part of the basic financing.

Supplemental financing (art. 107) is given as fixed sum from the budget of the Ministry of Education, Research, and Sport, for awarding the school units with special results in the field of social inclusion or performance.

Local and county councils contribute to the supplemental financing, awarding grants to the school units, on the basis of their own methodology.

Supplemental financing represents the result of a contract between the school units and the sponsor.

The authorities of the local public administration decide the allocation of the funds from their own incomes, as participation to the basic financing and as complementary financing of the school units.

Moreover, the authorities of the local public administration can finance their own programs or can be partners for other state institutions or NGOs in programs that contribute to educational inclusion.

These programs are initiated and/or unfolded as part of the attributions in the education field attributed to the local and county councils by the Law no. 215/2001 of the local public administration.

Local authorities can finance from their own budget the program „School after school” under the provisions of the Order no. 5349 from September 7, 2011 regarding the methodology of organization the „School after school” program. This program contains activities with specialized support, thematic workshops/activities and other recreational activities and it takes place after normal school hours, with the possibility of the students to have lunch during this time. According to the provisions of the art. 58 paragraph 4 of the Law no. 1/2011, the state can finance this program for children and students from the disadvantaged groups.

The state subsidies all the costs related to high-school attendance for the students coming from socioeconomic disadvantaged groups, and for the ones who attend vocational education, including for the training stages. The modality and the criteria for awarding the subsidies are established by governmental decision, initiated by the Ministry of Education (art. 85, paragraph 2).

4. Actions for improving access to health care services for the inhabitants from Pata Rat. Health care

2 0 1 4

2 0 1 5

2 0 1 6

2 0 1 7

2 0 1 8

2 0 1 9

2 0 2 0

2 0 2 1

2 0 2 2

2 Source of 0 financing 2 3

Impact/Estimated number of beneficiaries

Responsibl e institution

Partner

National budget, EEA Grants, county level responsible body

Approximately 1100 persons will have access to medical care, other than emergency care

Public Health Directorate

Municipali ty

At least 300 persons will be registered at a family doctor

DSMA

Approximately 1100 persons will have access to medical care, other than emergency care

Public Health Directorate

28 .

Establishing a socio-medical unit in Pata Rat Area

29 .

Ensuring that everybody who has the legal right to have a family doctor has one (minors, pregnant women, spouses)

30 .

Establishing a mobile unit to provide emergency medical care in remote and isolated communities

31 .

Developing policies which ensure the reach out of the isolated population with low resources by the mainstream medical services

Public Health Directorate

32 .

Developing policies which promote a non-discriminatory and culturally sensitive treatment in the access of the disadvantaged groups (including Roma) to the mainstream medical services

Public Health Directorate

Private funding

Even though policy documents recommend the improvement of access to quality primary health care services instead of developing parallel health care systems, this section contains mainly targeted actions for providing medical services for the population from PRA, which lacks in a great proportion health insurance, thus being unable to benefit from mainstream services. Yet, lack of the health insurance is only one of the motives that hinder Pata Rat population from accessing mainstream primary medical services. Although children are entitled to free medical care, only a few of them are registered with a family doctor. Lack of information, means of transportation, poor hygiene, the shame parents face because of it, as well as the fear of being blamed for the illness of their children are also important obstacles in the access to primary health care services.

Private companySCR

NGOs

Social-medical unit in Pata Rat could be a first step for strenghtening the relationship between the population from Pata Rât and the mainstream medical services, due to the doctors who can pay home visits to people.

Connections and necesarry synergies with other Directions of actions:

5.

-

Actions for ensuring access to social services and benefits: provision of social benefits for every entitled person will improve access to mainstream health care, as persons with minimum guaranteed income are intitled to health insurance

-

Actions to ensure community security: by providing identity documents for all inhabitants, including the children, the minors will be able to benefit from free primary medical care

-

Actions for challenging the anti-Roma attitudes and prejudices of the majority population: as research show, Roma population is facing severe discrimination at the health care units. Awareness raising campaigns should have the medical staff as their special target.

Actions for ensuring access to social services and benefits

Social services

2 0 1 4

2 0 1 5

2 0 1 6

2 0 1 7

2 0 1 8

2 0 1 9

2 0 2 0

2 0 2 1

2 0 2 2

2 Source of 0 financing 2 3

Impact/Estimated number of beneficiaries

Responsible institution

Partner

33 .

Administrative actions to ensure that all inhabitants are provided with the benefits they are entitled to, according to the law

Municipality

At least 100 families will be provided with the child allowances (universal right) and other benefits

DSMA

NGOs

34 .

Mentoring for getting and keeping a job

ESF, Municipality, National budget

At least 600 persons will benefit from this employment service in 9 years

Multifunctiona l Community Center, County Employment Agency

NGOs, DSMA

35 .

Ensuring prevention of school dropout through: afterschool, enhancing parental capacities, preventing child labor, material support for high risk families

ESF, Municipality, EEA Grants

As all families are at high risk of school abandonment, all should benefit from services

DSMA, School Inspectorate, Multifunctiona l Community Center

BBU, NGOs, private companies

36 .

Providing career orientation services and counseling for youth

ESF, Municipality, EEA Grants

Approximately 300 young people will benefit from counseling and career orientation

Multifunctiona l Community Center

DSMA, Social Inclusion Center, NGOs, Educational Resource and Assistance

Center of Cluj County 37 .

Child-minding for working parents of children under 3

ESF, Municipality, EEA Grants

Out of 130 families which have children under 3, at least 60 families will benefit from Child-minding services

Multifunctiona l Community Center (Municipality)

38 .

Coordinating an adequate nutrition program for children under three coming from highly vulnerable families

Municipality, private funding

At least 80 children under 3 from Dallas and garbage dump community will benefit from daily nutrition program

Multifunctiona l Community Center, DSMA

Private companies, NGOs

39 .

Informing, counseling and orienting vulnerable families and providing day care for children in the Temporary (Mobile) Social Service Unit

ESF, Municipality, EEA Grants

At least 60 children from the garbage dump and 100 families from PRA will benefit from the services of the temporary unit

Multifunctiona l Community Center, DSMA

NGOs

40 .

Developing policies which ensure access to isolated population by linking it to the social services units (e.g. through mobile teams)

Municipality

Existence of proactive interagency procedures to reach the isolated populations in CMA

Multifunctiona l Community Center

NGOs, local authorities

41 .

Full implementation of the Urgent Needs Plan which aims at improving quality of life in PRA for the transitional period, in terms of access to public transport, roads, illumination, green space, heating support, sanitation facilities etc.

Municipality

Improvement of quality of life during resettlement process in the transition period in Pata Rat

DSMA, CMA

NGOs

CCSI-

Connections and necesarry synergies with other Directions of actions: -

Actions for developing institutional capacity to ensure the sustainability, the quality and the monitoring of the process: the Multifunctional Community Center, administrated by the Coordinating Center for Social Inclusion should be responsible for providing some innovative services in the field of social inclusion;

Role of NGOs: NGOs experience in social service provision would be necesarry, taking into account the better cost-benefit ratio NGOs are providing

Interventions to enhance the impact and the sustainability of core actions

6. Actions to develop institutional capacity to ensure the sustainability, quality and monitoring of the process Institutional capacity building

2 0 1 4

2 0 1 5

2 0 1 6

2 0 1 7

2 0 1 8

2 0 1 9

2 0 2 0

2 0 2 1

2 0 2 2

2 Source 0 financing 2 3

of

Impact/Estim ated number of beneficiaries

Responsible institution

Partner

42 .

Establishing a coordination body at the CMA level (Center for coordination of social inclusion in CMA – CCSI-CMA), in charge with coordinating actions, designing methodology, generating projects and developing partnerships in the field of social inclusion. Also in charge with providing employment services for marginalized groups

OSF, EEA Grants, ESF

Social inclusion initiatives coordinated and synergies created between different actors and actions

Municipality

OIR POSDRU

43 .

Establishment of a Multifunctional community center for social inclusion which targets the most disadvantaged groups and prepare communities and families for social inclusion

ERDF, EEA Grants, ESF

Targeted services are provided for the most marginalized groups (including assisted housing)

Center for coordination of social inclusion in CMA – CCSICMA

NGOs, DSMA

44 .

Development of a preventive system which is able to identify marginalization risks early

Municipality

Interinstitutional procedures, network established

CCSI-CMA, DSMA

NGOs

45 .

Evaluation, monitoring and development of the service network for combating marginalization in the following areas: child and family, preventing and combating domestic violence and human trafficking, elderly, addicted persons, youth who are leaving the child protection system, according to the Local Development Strategy of Cluj Providing training and coaching for institutions/services which focus on the specific needs of the highly disadvantaged and marginalized communities through challenging

ESF, Municipality, ERDF

A comprehensi ve service network, able to respond to the needs of the most marginalized groups

Municipality (Strategy and Local Developmen t Department ), DSMA

NGOs

ESF

Institutions and services are able to respond to the needs of

CCSI-CMA

NGOs

46 .

negative attitudes and prejudices and through developing a proactive approach

the most marginalized groups

47 .

Establishing a Pilot Social Renting Agency in Cluj

ESF, CE

Private housing stock available for marginalized groups

CCSI-CMA

NGOs

48 .

Establishing local resource centers in two villages in Cluj Metropolitan Area for ensuring the coordination and project generation for social inclusion in rural area

ESF, Grants

Prevention and combating marginalizati on in CMA

CCSI-CMA

NGOs

49 .

Ensuring the quality assessment and monitoring of the process by establishing institutional responsibilities and evaluation instruments for internal monitoring and external audit

EFS

Prevention and combating marginalizati on in CMA

CCSI-CMA, DSMA

BBU, NGOs

50 .

Establishing an NGO by the Local Council which serves as a flexible body for project generation and implementation, enhancing the activity of the CCSI-CMA

Municipality

Flexibility in project administratio n

CCSI-CMA

EEA

Connections and necesarry synergies with other Directions of actions: For the implementation of the Action Plan, existing institutional capacity at Cluj City level is insuficcient.

The most urgent action is the establishment of a new Center for Coordination of Social Inclusion in CMA (CCSI-CMA) by the Association for Inter-communitarian Development. Under the coordination of the Center for Coordination of Social Inclusion in CMA, a Multifunctional Community Center and two Development Resource Centers from Cluj Metropolitan Area are planned to be established.

The CCSI-CMA will be responsible for coordinating and partly for carrying out the ’soft’ measures needed for the social inclusion of highly disadvantaged families from Pata Rat. The CCSI-CMA would therefore have the following tasks: -

-

Creating and developing institutional networks in the field of inclusive education, health care and community security which aim to support mainstream public services in responding adequately to the special needs of the most disadvantaged, including the Roma ; Community coachig and facilitation in Pata Rat; Developing policies and methodologies in social inclusion, providing training for professionals; Coordination of the Multifunctional Community Center Piloting Social renting agency and administrating the soft measures of the social housing program, preventing indebtness of beneficiaries of social apartments;

-

Coordinating the two Resource Centers for Inclusive Development from Cluj Metropolitan Area.

The Multifunctional Community Center, which will be established through the project submitted in 2013 to ROP will have the following tasks: -

Residential services for families for preparing social inclusion; Evaluation and coordinated social intervention at family level (counselling, educational and employment support, child-minding support etc.); Career orientation and counselling for employment, coaching, job mediation;

The Resource Centers for Inclusive Development from Cluj Metropolitan Area will be located in two communes with large Roma population and will have the following responsabilities: -

facilitation of participatory planning, community development project generation targeting inclusive economic growth supporting social economy and local entrepreneurship

NGOs: NGOs experience in social service provision would be necesarry, taking into account the better cost-benefit ratio NGOs are providing

7. Actions to ensure representation and participation of the communities in the development process

Community participation

2 0 1 4

2 0 1 5

2 0 1 6

2 0 1 7

2 0 1 8

2 0 1 9

2 0 2 0

2 0 2 1

2 0 2 2

2 Source 0 financing 2 3

of

Impact/Estim ated number of beneficiaries

Responsible institution

Partner

NGO

51 .

Community facilitation, coaching, organizational development in order to ensure the preparation of full participation and democratic representation of the communities from the PRA in the development process

ESF, OSF, Municipality

CCSI-CMA

52 .

Supporting a smooth implementation and enhancing community cooperation in the resettlement and rehousing process

ESF, OSF, Municipality

CCSI-CMA

53 .

Sensitization towards negotiation on community co-habitation issues

ESF, OSF, Municipality

CCSI-CMA

Ensuring representation and participation of the communities in the development process is a horizontal goal. The actions related to this scope must be implemented ĂŽn relation with all the other directions of action. Participation in and negotiation of these decisions which have a major effect on community life will motivate people to act according to the action plan.

8. Actions to enhance community security Community security

54 .

Providing identity documents for all inhabitants from PRA

2 0 1 4

2 0 1 5

2 0 1 6

2 0 1 7

2 0 1 8

2 0 1 9

2 0 2 0

2 0 2 1

2 0 2 2

2 Source of 0 financing 2 3

Impact/Estim ated number of beneficiaries

Responsible institution

Partner

ESF, Municipality ,

114 persons who in the present don’t have identity card or birth certificate will be provided with

Municipality, local authorities from the village of origin

NGOs

local authorities from the village of origin 55 .

Identifying legal measures/instruments to register the actual inhabitants of the PRA and temporarily legalize their status in PRA

Municipality

Actions aiming to close the marginalizati on slope towards the Pata Rât area

Municipality through Community police

Municipal Police

56 .

Forbidding new illegal constructions in the PRA and controlling the implementation of this interdiction

Municipality

Actions aiming to close the marginalizati on slope towards the Pata Rât area

Municipality through Community police

Municipal Police

57 .

Preparing a coordinated community response network, able to respond to high risk situations in PRA including domestic violence, human trafficking, witness protection

ESF, Municipality , EC Funds, EEA Grants

Victims of violence form PRA will benefit from same/special services for ensuring their protection

Coordination Center for Social Inclusion, Anti-trafficking Agency, DSMA, CDSACP, Police, Prosecutor’s Office, Court

BBU, NGOs

58 .

Complex prevention programs targeting adolescents, addressing juvenile delinquency, domestic violence, human trafficking, substance abuse etc.

Municipality , EEA Grants, ESF, National budget

Adolescents from PRA will benefit from special/cultur ally sensitive prevention programs

Coordination Center for Social Inclusion, Anti-trafficking Agency, DSMA, CDSACP, Police

BBU, NGOs

Legal regulations regarding identity documents EMERGENCY ORDINANCE no. 97 from July 14, 2005 regarding the records, the locations, and the residency of the Romanian citizens, published in Monitorul Oficial no. 719 from October 12, 2011 The emergency ordinance constitutes the regulatory frame for the records, the residency, and the identity documents of the Romanian citizens, through which the juridical relationship between individuals, legal persons, and state institutions is achieved.

The Romanian citizens’ recording represents a national system of registering and updating the personal data that are necessary for knowing the number, the structure, and the movement of the population on the country’s territory, and for providing data in the interest of the citizens, the state, and the public institutions.

The records of the Romanian citizens residing in Romania are organized around the residence principle by the Ministry of Interior, the Directorate for Personal Records and Database Administration (hereafter DEPABD), together with public community services for population records, organized under the law.

Starting from the age of 14, all Romanian citizes are provided with identity documents.

The identity document is issued by the public community service for population records in the locality of residency of the individual, at his/ her request or at the request of his/her legal representative.

The temporary identity card is issued in the following cases: a) When the applicant does not present all the necessary documents for the issuing of the identity card or of the electronic identity card; b) When, temporarily, the biometric data, cannot be collected; c) For the Romanian citizens who reside abroad but live temporarily in Romania; d) When there is a request for an identity card or for an electronic identity card, in the following cases:  When the identity document expires;  If the family name or the first name of the applicant, his/her birth date/place, or the first names of the applicant’s parents changed;  If the applicant has a new personal numerical code;  If the identity document has been deteriorated;  If the identity document was lost, stolen, or destroyed;  If the facial representation from the identity document does not correspond anymore with the applicant’s physiognomy;  In cases of sex change;  If the identity document is annulled.

The validity of the temporary identity card is different: a) Between one month and a year, for the situations from a) to c);

b) 45 days, for the situation from point d).

The domicile and the residency The Romanian citizens have the right to establish or to change freely their domicile and their residency, with the exceptions explicitly stated by the law.

The Romanian citizens can have only one domicile and one residency at a time. If they own more than one homes, they can set their domicile or residency in any of them.

The domiciles of the individuals are at the place where the individual declares his/her main home is.

The domicile of the minor or of the individual placed under interdiction is at his/her parents (or at the parent who generally lives with the child), at his/her legal representative, or at the individual or legal person who is entrusted with his/her foster.

If the minor’s parents who is placed in the specialized centers of soccial assistance are not known or cannot be identified, the minor’s domicile is at the address of that center.

The proof for the domicile address can be: a. Documents concluded under the conditions of validity provided by the Romanian legislation on residential entitlement; b. A written declaration of acceptance from the host (individual or legal person) and accompanied by the documents stipulated at point a) or point d); c. An affidavit of the applicant, accompanied by the check note of the public order police officer, which certifies the existence of a housing estate and the fact that the applicant really lives at the declared address, if the individual cannot present the documents stipulated at points a) and b); d. A document issued by the authority of the local public administration, which shows that the applicant’s or the host’s address are registered in the Agricultural Register; e. The identity card of one of the parents or of the legal representative, or the custody documents accompanied by one of the documents stipulated at points a)-d), for the minors who apply for an identity document.

The declaration of acceptance of a person in someone’s living space can be signed in the presence of a community worker from the population records public services, of a public security police officer, of a notary, or of a public servant at the legations/consular offices of Romania.

In the case of the minor or of the person placed under interdiction, the affidavit is signed by the parents or by those who exercise parental authority.

For clarifying the real situation of the individuals without domicile/ address, the register for the temporary identity („Domicile” rubric) is completed this way: a) „no housing” – for the individuals who do not have shelter and cannot declare an

address of an estate destined for living; b) „no domicile address proof” – for the individuals who live in a building destined for living and cannot present a document to prove their domicile address.

For the former situation, the locality where the individual was identified when the identity document was issued is registered, at the request of the individual, of the social protection institutions, or of the police.

For the latter situation, the declared address of the applicant is registered in the temporary identity card.

The residency is the place where the individual declares his/her secondary dwelling, other than the domicile.

The mention regarding the residency is registered at the request of the individual who lives more than 15 days at his/her secondary home.

The mention regarding the residency is issued for the requested period – no longer than one year – and is valid for the period when the individual actually lives at the respective address.

When this period expires, the individual can request a new entry for the residency mention.

If the mention was made according to a document that was later annulled or was established as nule, false, or falsified, the mention is invalid.

Its invalidity can be established by the judicial court, by default, or at the notification of D.E.P.A.B.D., of the public community services of population records, or of interested persons.

A host who accommodates another person for more than 30 days, has the obligation to announce the police or the public community services of population records from the area where the dwelling is situated.

9. Actions for challenging the anti-Roma attitudes and the prejudices of the majority population Challenging anti-Roma attitudes

2 0 1 4

2 0 1 5

2 0 1 6

2 0 1 7

2 0 1 8

2 0 1 9

2 0 2 0

2 0 2 1

2 0 2 2

2 Source of 0 financing 2 3

Impact/Estim ated number of beneficiaries

Responsible institution

Partners

59 .

Implementation of innovative, artistic awareness raising campaigns, using alternative instruments to mass media, targeting the different strata of the majority community

Municipality , EEA Grants, ESF, National budget

Awareness raised of citizens of Cluj

CCSI CMA

NGOs

60 .

Intercultural learning through artistic events within the frame of Cluj Cultural Capital project

Municipality , national funding

Awareness raised of citizens of Cluj

CCSI CMA

NGOs

61 .

Community facilitation in the neighborhoods where social apartments will be constructed

Municipality , EEA Grants, ESF

Receiving neighborhoo d prepared for social inclusion of Roma families from Pata Rat

CCSI CMA

NGOs

62 .

Intercultural exchange in inclusive schools, with the participation of teachers and other school personnel, parents and children (both ethnic Roma and non Roma)

Municipality , EEA Grants, ESF

Receiving schools prepared for social inclusion of Roma families from Pata Rat

CCSI CMA

NGOs

63 .

Supporting the participation of youth from PRA in Cluj European Youth Capital

Municipality , EEA Grants, ESF

Awareness raised of citizens of Cluj

CCSI CMA

NGOs

64 .

Raising awareness through CSR activities

EEA Grants, ESF, Municipality

Awareness raised of companies from Cluj

CCSI CMA

The present document was elaborated based on community work in Pata Rât. The directions of actions traced by this document are those which were highlighted by the communities as being the most important ones for de-segregation and social inclusion. The draft document is going to be

consulted by the community members and professionals on sectorial and intersectorial level. The consultation process will lead to a more detailed and valid action plan, which will be proposed for adoption by the Local Council of Cluj Napoca.