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To: [EMAIL PROTECTED]
Subject: ERRC: Roma in the Macedonian Conflict
From: European Roma Rights Center <[EMAIL PROTECTED]> 
Date: Fri, Jul 13 2001 12:22:48 PM +0200

European Roma Rights Center
Press Statement: Roma in the Macedonian Conflict
July 13, 2001

The European Roma Rights Center (ERRC), an international public interest
law organisation which monitors the situation of Roma in Europe and
provides legal defence in cases of serious human rights abuse, is concerned
about the situation of Roma in Macedonia, as ethnic relations in the
country deteriorate and violence escalates to the point of war. The ERRC is
concerned that:

·       The serious human rights issues facing Roma in Macedonia even prior
to the conflict have never been addressed adequately by Macedonian authorities.

·       There are currently more than 5000 Romani refugees from Kosovo in
Macedonia -- persons unable to return to Kosovo since they were ethnically
cleansed from the province following the cessation of NATO bombing and the
return of ethnic Albanian refugees to Kosovo after June 1999. These persons
are in a unique state of exposure and should be brought without delay to
countries where conditions exist such that refugees can be provided with
adequate protection and support.

·       In the present conflict, there are early reports of attacks on Roma
by ethnic Macedonians, indicating that the widely held view in Macedonia
that Roma who are loyal to the Macedonian state will not suffer attack by
ethnic Macedonians on grounds of their ethnic origin is unfortunately not
true. In light of events in Kosovo since 1999, the possibility of attacks
on Roma by ethnic Albanians must unfortunately be taken very seriously.

·       In the context of negotiations aimed at resolving the conflict in
Macedonia, there is a distinct danger that (i) Roma will continue to be
excluded from official discussions (as they have been to date) and (ii) in
the face of pressure by both ethnic Albanians and ethnic Macedonians, the
concerns of other ethnic groups in Macedonia will be forgotten. Present and
future arrangements in Macedonia must begin from the premise that Macedonia
is a multi-ethnic society.

ERRC concerns in detail follow:

1. The Human Rights Situation of Roma in Macedonia Prior to the Present
Conflict

Prior to the present conflict, Macedonian authorities systematically denied
that Roma suffer human rights abuse in Macedonia. On the basis of field
research conducted in Macedonia, in 1998 the ERRC published the Country
Report A Pleasant Fiction: The Human Rights Situation of Roma in Macedonia,
concluding that the serious human rights issues that have given rise to
concern elsewhere in the region, such as rampant police abuse and violence
against Roma, as well as discrimination in many areas of life, exist in
Macedonia. The prevailing view that Macedonia is somehow “exceptional” with
respect to Roma has contributed to a consistently inadequate state response
to human rights violations of Roma.

ERRC concerns in Macedonia, as detailed in its 1998 report and subsequent
publications, have included especially:

·       A high number of Romani persons rendered de facto stateless
following Macedonian independence in 1992. Authorities have, to date, not
engaged effectively to end Romani statelessness in Macedonia;

·       Forced homelessness and other abuses of Roma by municipal authorities;

·       Exclusion of and discrimination against Roma in access to social
protection, health care and housing;

·       Numerous reported instances of police brutality, including cases in
which violence by state officials have led to the death of the victim.
Officers who physically abuse Roma are rarely if ever punished for their
actions.

In connection with the latter concern, earlier this year, the European Roma
Rights Center filed an application to the European Court of Human Rights in
connection with the 1998 police abuse of Mr Pejrusan Jasar, and the
subsequent failure of Macedonian authorities to take adequate measures to
punish the officers concerned. The full text of the ERRC report, as well as
other ERRC publications on the situation of Roma in Macedonia, is available
on the Internet at: http://errc.org/publications/indices/macedonia.shtml.


2. Romani Refugees from Kosovo in Macedonia

Following the return of the ethnic Albanians to Kosovo in June 1999 and the
entry of NATO (KFOR) troops into the province, ethnic Albanians conducted a
sustained and brutal campaign of ethnic cleansing against Kosovo's Roma and
other persons regarded as "Gypsies", a campaign which continues to today.
Albanians killed and kidnapped Roma and raped them in front of their family
members, broke into Romani houses during the night and threatened to kill
them if they were there in the morning, removed property en masse from
Romani houses, stopped Roma on the street and took their automobiles and
burned entire Romani settlements to the ground. The situation in Kosovo
remains, today, extremely dangerous for persons regarded as "Gypsies":
according to information from KFOR and UNMIK, only for the period
February-June 2001, one Romani man was found dead in his home as a result
of repeated stabbing; at least eleven instances of assault on Roma were
reported; in separate incidents, two Romani children were abducted or
otherwise reported missing; six Romani-owned houses were set on fire; in
three cases granades were thrown at Romani houses. The true number of
attacks may be much higher. A joint report by the United Nations High
Commissioner for Refugees (UNHCR) and the Organization for Security and
Cooperation in Europe (OSCE) published on April 3, 2001, states: "The
degree of sophistication and planning behind these recent attacks [...]
challenges the characterisation of continued violence against minorities as
isolated attacks motivated by individuals' desire for revenge. It would
appear there is an orchestrated campaign or campaigns organised by, as yet,
unidentified elements whose aim is clearly to terrorise minority
populations, destabilise the province and prevent democratisation and
peaceful co-existence. The number of perpetrators arrested and successfully
prosecuted for these attacks remains very low."

Today, roughly four fifths of the pre-1999 Romani population of Kosovo
remain outside the borders of Kosovo and are unable to return due to the
threat of violence against persons regarded as "Gypsies" in Kosovo. More
than 5000 Roma from Kosovo are presently refugees in Macedonia. In the
context of the escalating violence in Macedonia, these persons are in an
unique state of exposure. In light of the fact that Roma from Kosovo in
Macedonia meet the alienage requirement of the 1951 Convention relating to
the status of refugees and yet are presently sheltered in a country
threatened by civil war, the international community should, without delay,
bring them to countries where prevailing conditions exist such that
refugees can be provided with adequate protection and support. There may
additionally be legal grounds for bringing stateless Roma in Macedonia to
third countries for protection. Given its present weakness and the large
numbers of inadequately sheltered displaced persons there, the Federal
Republic of Yugoslavia should not be considered as a target country for
placement of refugees currently in Macedonia.



3. Attacks on Roma in the Present Conflict

It has been extensively reported in the international media that Macedonia
is presently threatened by civil war between, on the one hand, government
security forces and, on the other hand groups who have been variously
described as local ethnic Albanian separatists or paramilitaries from
Kosovo, or some combination of the two.

In a very worrying development, following a lethal attack by ethnic
Albanian paramilitaries against security forces in northern Macedonia,
beginning on April 30, 2001, ethnic Macedonians in the southern Macedonian
town of Bitola went on a rampage, destroying and looting shops belonging to
Muslims  primarily ethnic Albanians, but also Torbeshi, Bosnians and Roma.
Among the fifty to sixty shops smashed was the boutique of Mr Edailj
Kolminov, a Muslim Romani man. Mr Kolminov told the ERRC during field
research on May 5 that the windows of his shop had been broken during the
night of the second day of the violence. Mr Kolimov was away from Macedonia
on business during the attack, and he returned to find his shop destroyed
and all of the clothes in the shop stolen. Mr Kolimov estimated that he had
lost goods in the value of approximately 30,000 German marks (approximately
15,300 euros) in the attack. According to Mr Kolimov police officers came
and took down some details, but reportedly were unable to find any
witnesses to the attack.

The ethnic cleansing of Roma from Kosovo in 1999 is the single biggest
catastrophe to strike the Romani community since World War II. Kosovo lies
at Macedonia's border. Every Romani person in Macedonia fears at some level
that their country may become another Kosovo and that the Romani community
of Macedonia will suffer a similar fate as the Roma of Kosovo. The
potential similarity of the ethnic hatred at issue notwithstanding,
Macedonian authorities have publicly denied that the conflict in Macedonia
bears any relation to that in Kosovo and have instead clung to the idea
that "Macedonia is an island of democracy in the Balkans." The attack in
Bitola indicates a level of ethnic exclusivity among ethnic Macedonians
frequently denied by authorities, experts and internationals, and suggests
that proactive measures must be taken by Macedonian authorities and
international security forces operative in Macedonia to ensure that
minority groups -- including Roma -- receive adequate protection.



4. Exclusion of Roma from Official Discussions Concerning Macedonia's Future

Roma are severely underrepresented in public affairs in Macedonia. Roma are
not adequately represented in government or in the public administration.
The absence of Roma from current official discussions about solutions to
the inter-ethnic crisis in Macedonia has been particularly glaring. Despite
the unequivocal position expressed by Romani political leaders in Macedonia
that Roma should be part of public dialogue for a solution to the conflict,
Macedonian authorities have not yet undertaken measures to recognise Roma
as partners in discussion.

* * *

In view of the concerns elaborated above, the ERRC calls on the Macedonian
government and the international community to undertake, at minimum, the
following measures:

·       Ensure that, in the present situation of conflict and potential
conflict, Roma are adequately protected.

·       Ensure that perpetrators of human rights abuse against Roma are
promptly brought to justice. Take all measures necessary to guarantee Roma
in Macedonia equal protection of the law.

·       Bring all Romani refugees from Kosovo to third countries, and
examine the possibility of bringing all stateless Roma in Macedonia to
countries capable of guaranteeing protection and support. Given its present
weakness and the large numbers of inadequately sheltered displaced persons
there, the Federal Republic of Yugoslavia should not be considered as a
target country for placement of refugees or stateless persons currently in
Macedonia.

·       Recognising that Macedonia is a multi-ethnic state, ensure that
Romani representatives are included in all relevant discussions aimed at
resolving the current crisis and that they participate in all relevant
initiatives and bodies responsible for the development of policies and
possible legal or constitutional changes aimed at reconciliation, peaceful
coexistence and rights protection in Macedonia.

·       Adopt comprehensive anti-discrimination legislation and ensuring
that it is enforced; implement policies to counter anti-Romani racism.

·       Take all appropriate measures to resolve the widespread problem of
statelessness among Roma in Macedonia, in particular by bringing Macedonian
citizenship legislation into conformity with international norms on
citizenship in the context of state succession. All persons who can
demonstrate genuine and effective links to Macedonia on grounds of the
conditions of -- and in accordance with the principles set down in --
Article 18 of the European Convention on Nationality should be granted
citizenship in Macedonia upon request.




_____________________________________________

The European Roma Rights Center is an international public interest law
organisation which monitors the rights of Roma and provides legal defence
in cases of human rights abuse. For more information about the European
Roma Rights Center, visit the ERRC on the web at http://www.errc.org.

European Roma Rights Center
1386 Budapest 62
P.O. Box 906/93
Hungary


Phone: +36 1 4132200
Fax:   +36 1 4132201

_____________________________________________

SUPPORT THE ERRC!

The European Roma Rights Center is dependent upon the generosity of
individual donors for its continued existence. If you believe the ERRC
performs a service valuable to the public, please join in enabling its
future with a contribution. Gifts of all sizes are welcome; bank transfers
are preferred. Please send your contribution to:

European Roma Rights Center
Budapest Bank Rt.
99P00402686
1054 Budapest
Bathory utca 1
Hungary

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