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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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