A/HRC/17/40
considered this issue.5 In the present chapter, the Special Rapporteur aims to show that
despite the wide range of measures taken by States in order to eliminate racism and racial
discrimination against Roma, they continue to be discriminated against in a number of
areas. The current chapter also addresses the reasons of such a situation. The Special
Rapporteur would like to emphasize that while the situation in the countries referred to in
the present report raise concern as to racial discrimination against Roma, this does not
imply that Roma living in other countries do not encounter similar violations.
A.
Legal, political and institutional initiatives at regional and national
levels
6.
The need to develop effective policies and implementation mechanisms for the full
achievement of the equality of Romas/Gypsies/Sinti/Travellers is recognized in the Durban
Declaration. 6 Valuable initiatives to eliminate racism and racial discrimination against
Roma have been developed by a number of Governments including in Europe, where Roma
represent a large minority. In this regard measures have been initiated within the European
Union, the Council of Europe and the Organization for Security and Co-operation in
Europe (OSCE).
7.
The Council of Europe has developed a number of legal instruments relevant to
Roma that includes, inter alia, the European Convention for the Protection of Human Rights
and Fundamental Freedoms, the European Social Charter, the Framework Convention for
the Protection of National Minorities and the European Charter for Regional or Minority
Languages. In this regard the Special Rapporteur would like to emphasize the important
contributions of the European Court of Human Rights, the European Committee of Social
Rights and the Advisory Committee on the Framework Convention for the Protection of
National Minorities. The resolutions and recommendations of the Parliamentary Assembly
and the recommendations of the Committee of Ministers on Roma and Travellers in the
areas of education, employment, housing, access to health care, as well as policies for
Roma and/or Travellers, should also be highlighted. Furthermore, the Special Rapporteur
notes with appreciation the expertise provided to the Council of Europe by the Ad hoc
Committee of Experts on Roma Issues (CAHROM), the European Commission against
Racism and Intolerance, and the team working specifically on Roma issues under the
supervision of the Special Representative of the Secretary General for Roma Issues.
8.
OSCE also contributes widely to the prevention of racism and racial discrimination
against Roma. The High Commissioner on National Minorities, the Contact Point for Roma
and Sinti Issues within the Office for Democratic Institutions and Human Rights, the
Representative on Freedom of the Media and the different OSCE field operations play
important roles in this regard. The Special Rapporteur welcomes in particular the OSCE
Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,
Ministerial Council decision No. 6/08 (2008) on enhancing OSCE efforts to implement the
Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, and
Ministerial Council decision No. 8/09 (2009) on enhancing OSCE efforts to ensure Roma
and Sinti sustainable integration.
9.
The European Union has a strong human rights legal framework and a range of
policies and mechanisms to address racial discrimination and racism against Roma. The
5
6
4
See A/64/271; A/63/339; A/HRC/14/43/Add.2; A/HRC/7/19/Add.2; A/HRC/7/19/Add.3;
A/HRC/7/19/Add.4; A/HRC/4/19/Add.3; A/HRC/4/19/Add.4; E/CN.4/2005/18;
E/CN.4/2004/18/Add.3; E/CN.4/2003/24; E/CN.4/2000/16/Add.1.
Para. 68.