DRAFT OF DECLARATION FOR REPRESENTATIVES OF ROMA NGOs, POLITICAL PARTIES AND ROMA INTELLECTUALS REGARDING THE 8th APRIL – WORLD ROMA DAY: Today in European Union live between 12 and 15 millions of Roma. That number approximately corresponds to the number of population of one medium sized country member of European Union. Yet again, majority still knows a little about nation who live on European continent over 7 centuries. That knowledge is often based on ignorance, prejudges and stereotypes. Roma are today, at the beginning of Third Millennium, for many lower beings or “parijas”. That is proved with everyday physical assaults and racial mistreatments to which are exposed, ghettoization, segregation and in general disrespect of their fundamental human rights – right to work, education, legal protection, own culture.
While some live in relative comfort, millions of Roma across the Europe live in slums that are built wherever they could. Others aren’t so lucky, they live on street and everything they have is only a piece of cardboard or plastic. Many Roma earn for a living by doing everything they can – fumble in containers, work as physical workers, or with small carts collect carton, empty bottles, cans or similar.

European Council and its similar commissions for human rights speak little or nothing about issue that is fundamental issue for Roma nation. They don’t speak how many pupils in Europe remained uncovered with primary and high education, how many Roma gave up from further education, how many Roma families are who don’t have any employed member, what’s the number of Roma who wander on the streets of Europe while looking for job, what’s the number of Roma juveniles who are exposed to relentless exploitation by different employees, etc. Why is in Europe continued history of such misunderstanding of Roma national feelings? Why is limited expression of Roma national being? Isn’t that counter civilization’s relation towards one nation today?  World War II brought to Roma greatest sufferings that history record about this nation. Hitler regarded existence of Roma the greatest insult of racial ideal. 

Inclusive society was and it should be key priority of European Union since the adoption of Convention about protection of human rights and fundamental freedoms in 1950, while making significant and visible progresses during the time. As a result, strong and sustainable political and economic development enabled to European progress to on all levels transform Europe to expressive and advanced continent with improved life conditions of all social groups.
Therefore, as long as the social inclusion and rights of Roma nation remain only theory on political agenda, then Europe was and remains progressive and developed place only for the people who do enjoy access to their rights, but not for Roma. As long as the legislative and executive instruments lack implementation, and while they don’t bring true social-economic approach to development of Roma nation – stigmatized and excluded Roma nation can’t be blamed for its historical circumstances. 

PROPOSAL OF DECLARATION

Starting from the:

Declaration of OUN about the rights of members of national, ethnical, religious and lingual minorities from 18th December 1999, and a fact that in Europe currently live around 15.000.000 members of Roma community;
With wish,

to develop and realize principles from the UN’s Charter, Universal declaration about human rights, Convention about prevention and abolition of genocide’s crimes, International convention about abolition of all forms of racial discrimination, International pact about citizen’s and political rights, International pact about economic, social and political rights, Declaration about abolition of all forms of intolerances and discrimination based on the religion or believes, Convention about rights of children and other relevant international instruments which have been adopted on the global or regional level or those concluded between individual countries members of the UN, European Convention about human rights (with addition of Protocol nr. 11), as well to create our future by ourselves and to confirm that all people are equal and same, regardless their religion, gender, race or nation,
Inspired with provisions of clause 27 of International pact about citizen’s and political rights in regard of the rights of members of ethnical, religious or lingual minorities, final documents of KEBS / Helsinki 1975/ and conferences which, while continuing to further principles of KEBS develop individual rights and rights of national collectives;
Assured,

that fundamental rights of every man will be realized and that dignity and values of human personality represent the greatest democratic legatees, and by that it will be related also to the members of Romany national minority across the world, with appliance of OUN’s Charter and decisions of all other European and international organizations in the area of human rights and freedoms – as initiators of initiative for protests of solidarity of Roma, we appeal on all Romany NGOs and political organizations, as well on Romany intellectuals across the world, to accede signing of Declaration of representatives of Romany NGOs, political parties and Romany intellectuals regarding deportation of Roma from France.

FUNDAMENTAL RIGHTS OF ROMANY NATIONAL MINORITIES SHOULD BE:

* Right on protection which is provided by the state: from prosecution, violent evictions or dislocations, as well on protection from the policy which would aspire to the violent changes of national and ethnical composition of population in damage of minority and its members;
* Right on special legal mechanisms against legal provisions with whom would be discriminated minority or its members, and especially against those provisions with whom would be maintained or abolished their acquired rights;
* Right on affiliation of members into social and political organizations;
* Right to be represented in all bodies of authority, comparatively to its number in specific area;
* Right on establishing radio and television organizations, as well as right on establishing news-publishing institutions;
* Right on expression, preserve, development and conveyance of national, ethnical, cultural, religious and lingual specialty as a part of tradition;
* Right on establishing of special cultural, artistic and scientific institutions and associations, including right on establishing foundations for material support for these institutions and associations;
* Right on emphasis of name of place and other captions on Romany language in the areas in which in greater number live members of our national minority;
* Right to use our language and letter in official usage in the areas in which in greater number live members of our national minority;
* Right on usage and emphasis of traditional signs and symbols;;
* Right on notation and celebration of significant dates, events and persons from its tradition and history;
Right on establishing and maintaining relations with minority’s communities in other countries.

OBLIGATIONS OF EU’s COUNTRIES

* While claiming that Roma across the Europe suffer persisting prejudges, that they are victims of racism which is deeply rooted in society, that they are target of sometimes violent evincing of racism and intolerance, and that its basic rights are regularly violated or jeopardized;
* Also while claiming that persistent prejudges against Roma lead towards their discrimination in man y areas of social and economic life, and that such form of discrimination is a main factor in the process of social exclusion which is hitting many Roma, we recommend to governments of countries of South-eastern and Central Europe following:
* To sign and ratify relevant international legal instruments in the area of suppressing racisms, xenophobia, anti-tziganisms and intolerance, and especially Framework Convention for protection of national minorities and European Charter about regional or minority’s languages;
* To ensure that adequate legislations is fighting against discrimination as such, as well against discriminator’s practices, and that in that sense special provisions should be brought into the citizen’s right, especially on the field of employment, habitation and education;
* To proclaim as illegal any discrimination which is performed from side of state’s authority during perform of its obligations;
* To ensure that there is provided adequate legal assistance to Roma who have been victims of discrimination and who want to initiate a legal procedure;
* To undertake required measures so that full and quick realization of justice could be ensured in the cases which are related to the violation of fundamental rights of Roma;
* To especially ensure that non-punishment isn’t tolerated in any measure related to the offences executed against Roma and that this should be put on knowledge for wide publicity;
* To undertake necessary steps to be ensured that rules which are referred to de jure and de facto accessibility of citizenship and right on asylum be created and realized so that they don’t lead towards special discrimination of Roma;
* To adopt and realize national strategies and programs and evince firm political will and normal leadership in view of improvement of position of Roma and their protection against discrimination from side of state’s bodies, as well from any person or organization;
* To undertake all necessary measures so that any form of discrimination against immigrants or asylum seekers of Romany origin could be avoided;
* To strive to, while encouraging true dialogue, also consult other relevant resources, improve relations between Romany communities and non-Romany communities, especially on the local level, for sake of promotion of tolerance and surpass of prejudges and negative stereotypes from both sides, then securing that everybody enjoy completely human rights and freedoms;
* To admit genocide’ crime committed during the World War II against Romany community and perform war reparation to Romany community;
* To support activities of nongovernment organizations, which play significant role in the fight against racism and intolerance towards Roma, and which especially secure to them required legal assistance;
* To encourage Romany organizations to play more significant role for sake of strengthening citizenship’s society.

We call on all governments of 56 participating countries of Organization for security and cooperation in Europe (OSCE) to implement a following plan of 10 points for fight against violent hate crimes within their own countries, as well as recommendations for strengthening of OSCE’s capacities in this area:

1. To acknowledge and condemn violent hate crimes wherever they happen. Higher government officials should send momentary, determined, public and persistent messages that hate crimes for whom would turn out that they were motivated with prejudges and intolerances will be exhaustively explored and processed with full range of law.
2. Bring laws that are directly dealing with hate crimes. While recognizing significant damage that violent hate crimes cause, governments should adopt laws that determine specific offends, or secure strengthened punishments for violent crimes committed due to victim’s race, religion, ethnic qualification, sexual orientation, gender, gender identity, mental or physical disability, or other similar statuses.
3. To strengthen enforcement and process perpetrators. Governments should ensure that those who are responsible for hate crimes are being responsible in front of law, that enforcement of law about hate crimes should be priority for the criminal judicial system, and that note about such enforcement should be kept well documented and published.
4. To provide adequate instructions and resources to bodies for enforcement of laws. Governments should ensure that police and investigators – as persons who are first responding in cases of violent crimes – have specific instructions and have necessary procedures, resources and training so that they could identify, investigate and register influence of motives in front of courts, and prosecutors have training to bring evidences about influence of motives and appliance of legal measure necessary to process hate crimes.
5. To introduce parliamentary, inter-agency or other special investigations within the solving of social problem of hate crimes. Such public, official investigations should encourage public debates, explore ways to better react to hate crimes and search for creative ways to fight with the roots of intolerance and discrimination through education and other resources.
6. Monitor and report about hate crimes. Governments should maintain official systems of monitoring and public reporting so that they could provide precise data in fight against violent hate crimes. Such systems should include anonymous and parsed information about influence of motivations and/or groups of victims, and they should monitor incidents and offends, as well as processings. Governments should consider establishing of third level of complaining procedures so that they could encourage greater reporting about hate crimes and perform periodic questionnaires about victimization of hate crimes and monitor weak reporting about victims and weak noting from side of police. 
7. To create and strengthen anti-discrimination’s bodies. Official anti-discrimination’s and human rights bodies should have authorization to fight against hate crimes through the monitoring, reporting and assistance to victims.
8. To reach groups amongst communities. Governments should realize reachable and educational efforts towards the groups of communities and civil society so that fear could be reduced, victims could be assisted, relations between community and police could be improved, improved reporting about hate crimes to police could be improved and quality of collection of data from side of bodies for law enforcement could be improved.
9. To speak against official intolerance and narrow-mindedness. Freedom of speech enables significant freedoms for hate speech and insulting speech, but public figure should be held on the higher standard. Parliamentary members and leaders of local authorities should be kept politically responsible due to their fanatic speech that encourage discrimination and violence, and create climate of fear for minorities.
10. To encourage international cooperation within the hate crimes. Governments should support and strengthen mandates of inter-governmental organizations that are dealing with discrimination – like OSCE, European Commission Against Racism and Intolerance, Agency for fundamental rights – including here encouraging of such organizations to raise capacity and train police, prosecutors and judges, as well as other public bodies and groups of civil society so that they could fight against violent hate crimes. Governments should also provide detailed statistic about incidents and nature of hate crimes to these bodies in accordance with relevant execution of criminal acts.       
Annotation: we will also send this declaration to:

1. Ban Ki-moon, General Secretary of UN,

Permanent members of Council of security of UN:

2. Barack Obama, president of USA;
3. Dmitrij Anatoljevich Medvedev, president of Russian Federation;
4. Hu Jintao, president of China;
5. Robert Walpole, first president of the government of United Kingdom;
6. Nicolas Sarkozy, president of France.

European officials:

1. Mevlüt Çavusoglu, president of the Parliamentary Assembly of Council of Europe;
2. Thorbjorn Jagland, General Secretary of European Parliament;
3. Jerzy Buzek, president of the European Parliament;
4. Thomas Hammarberg, commissar for human rights of Council of Europe;
5. Gabriella Habtom, general secretary of Committee on the Elimination of Racial Discrimination.

International organizations:

· European Roma Information Office (ERIO);
· European Roma Rights Centre (ERRC);
· Open Society Institute (OSI);
· Project on Ethnic Relations (PER);
· European Committee of Social Rights (ECSR);
· Steering Committee for Education (CDED);
· Committee of Experts on Issues relating to the Protection of National Minorities (DH-MIN);
· Advisory Committee of the Framework Convention for the Protection of National Minorities;
· Committee of Experts of the European Charter for Regional or Minority Languages;
· International Organization for Migration (IOM);
· Organization for Security and Co-Operation in Europe / Office for Democratic Institutions and Human Rights (OSCE/ODIHR);
· United Nations Development Program (UNDP);
· United Nations High Commissioner for Refugees (UNHCR);
· World Bank.

We invite you to become signer of this Declaration.
DECLARATION OF ROMA NGOs, POLITICAL PARTIES AND
ROMA INTELLECTUALS REGARDING THE
8th APRIL – WORLD ROMA DAY

(PERSONAL VIEW BY BAJRAM HALITI, PRESIDENT OF THE „JOURNALISM-INFORMATIVE AGENCY OF ROMA")