Strasbourg, 10 May 2013CAHROM (2013)9

AD HOC COMMITTEE OF EXPERTS ON ROMA ISSUES(CAHROM)__________

WRITTEN CONTRIBUTIONS FOR THE 5TH CAHROM MEETING__________

TABLE OF CONTENTS

Contribution received from CZECH REPUBLIC page 2Contribution received from FINLAND page 5Contribution received from NORWAY page 7Contribution received from POLAND page 9Contribution received from PORTUGAL page 10Contribution received from SERBIA page 11

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CONTRIBUTION RECEIVED FROM THE CZECH REPUBLIC

Roma International Day and a new strategy for Roma integration – Government Concept for Roma Integration 2014-2020

April 5/April 8 2013, On the occasion of International Romani Day, which falls on 8 April, 30 Romani individuals and representatives of Romani organizations gathered on 5 April in the courtyard of the Lichtenstein Palace in Prague to light candles in memory of the victims of the Romani Holocaust. The commemoration was attended by the Czech Foreign Minister and the Czech Government Human Rights Commissioner on the occasion of International Romani Day, which falls on 8 April.

This meeting recalled not only the repressive steps taken by past regimes that negatively influenced the social position and uniqueness of the Romani nation, but also significant historical events from the process of the Romani nation’s emancipation. The program included a commemoration of the victims of racial persecution during WWII, literary readings by Romani authors, and performances by Romani artists.

International Romani Day is an occasion calling for government institutions to work more closely with Romani people. In the Czech Republic, an opportunity for this is offered, for example, by the Romani Integration Concept 2014-2020 (Koncepce romské integrace pro období 2014-2020) the preparation of which is beginning now. The Concept focuses on integrating Romani people into the fields of education, employment, health and housing. It is being designed by the Czech Government Human Rights Commissioner and will serve as a basic strategic document at national level and in relation to the European Union.

Czech Government Agency for Social Inclusion and ROMEA offer to work with media for more objective reporting about Romani people

April 8, 2013 On the occasion of International Romani Day this Monday 8 April, the Czech Government Agency for Social Inclusion and the ROMEA civic association held a round table on the topic of Portraying Romani People in the Media at the Journalists’ Syndicate under the auspices of Czech Government Human Rights Commissioner Monika Šimůnková. The Agency presented the results of its extensive analysis of the Czech media there.

The results of that research show that the Czech media portrays Romani people through stereotypes, contributing to the deterioration of their image. Three-fifths of the 6 300 news reports produced about this minority between the fall of 2011 and the end of May 2012 concerned crime.

The analysis mapped contributions to 19 dailies, online news servers, radio stations and television channels after the events in the Šluknov district in 2011, the New Year’s Day shooting in 2012 in Tanvald, and the fabricated report of assault by a boy in Břeclav in mid-2012. "This repeated linkage of Romani people with crime is leading to the fact that today, the very concept of a Romani man is directly used to imply the perpetration of crime in many media pieces,” the authors of the analysis state.

The plan for the state to follow when intervening in regions where social unrest and tensions are growing

April 3, 2013, Czech Government Human Rights Commissioner Monika Šimůnková presented information to the 3 April cabinet session on the design of a plan for the state to follow when intervening in regions where social unrest and tensions are growing. The Government asked the Commissioner to elaborate the plan through a resolution adopted last August to set up a Working Group to address crisis situations in the regions.

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The group has seven members including the director of the Czech Government Agency for Social Inclusion and deputy ministers from the Education Ministry, the Industry and Trade Ministry, the Interior Ministry, the Labour and Social Affairs Ministry, and the Regional Development Ministry. The Human Rights Commissioner will convene the Working Group whenever the staff of the Agency for Social Inclusion notes deterioration in the social situation in a particular region that might lead to social unrest.

The plan presented to the Government includes measures for each ministry to take with respect to regions with problems. The aim is for there to be the greatest possible degree of collaboration and coordination between the ministries at that time and for them to mutually inform one another of their steps.

According to the plan, the Interior Ministry, for example, would recommend local governments create the position of crime prevention assistant, improve street lighting, and introduce CCTV systems. The Labour and Social Affairs Ministry would allocate the necessary money from its active employment policy to create local community service or social impact jobs, audit the disbursal of welfare, and suggest which social services should be introduced. The Education Ministry would enhance after-school projects and fund the hiring of school psychologists or teaching assistants from its reserves. The Regional Development Ministry would evaluate the options for using EU monies to address the situation. The Czech Government Agency for Social Inclusion would then coordinate negotiations with local governments, among other matters.

Meeting of the Government Council for Roma Minority Affairs

March 25, 2013 The Government Council for Roma Minority Affairs assembled to discuss measures to implement inclusive education, situation in the field of housing and the future of Museum of Romani Culture.

The Council was in the absence of the Prime Minister chaired by the Government Commissioner for Human Rights Mgr. Monika Šimůnková. It approved distribution of funds for programs Prevention of social exclusion and community work; Terrain work; and funds for Regional Coordinators for Roma Minority Affairs. In the thematic discussion the members of the council express their concern about the future of the Museum of Romani Culture, which is facing the threat of a possible merger with the Moravian Museum as a result of the first phase of savings measures approved by the Czech Government at its 16 January cabinet session.

New members of the Government Council for Roma Minority Affairs

March 13, 2013, at its cabinet session on Wednesday, the Czech Government took up the nomination of David Tišer and Emil Voráč as new members of the Czech Government Inter-ministerial Commission for Roma Community Affairs. Tišer is director of the ARA ART, o.s. association and has long worked as an activist promoting Roma integration, fighting against the discrimination of Roma and advocating for the media to report on the life of the Romani minority in the Czech Republic. Voráč is the chair and director of the o. s. Khamoro – Romské integrační centrum (Roma Integration Centre) organization, which offers socially-excluded Roma a drop-in facility for children and youth, field social work programs, professional social counselling and temporary shelter.

The Czech Government Human Rights Commissioner, who is the First Vice-Chair of the Inter-ministerial Commission, prepared the materials for the cabinet session. The chair of the Inter-ministerial Commission is the Czech Prime Minister and its Second Vice-Chair is Lenka Balogová.

The other members of the Inter-ministerial Commission are: MUDr. Ferdinand Polák, First Deputy Health Minister  Ing. Dan Jiránek, chair, Union of Towns and Municipalities (Svaz měst a obcí)  JUDr. Michal Hašek, chair, Association of Regions (Asociace krajů)

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Ing. Jan Gregor, Deputy Finance Minister  Ing. Jiří Schneider, First Deputy Foreign Affairs Minister Mgr. Alena Hanáková, Culture Minister  Ing. Kamil Jankovský, Regional Development Minister Jan Kubice, Interior Minister Prof. PhDr. Petr Fiala, Ph.D., LL.M., Minister of Education, Youth and Sport  Bc. Martin Šimáček, director, Agency for Social Inclusion  Mgr. David Beňák, civil society member PhDr. Renata Köttnerová, civil society member Bc. Jiří Daniel, civil society member Ján Balog, civil society member Božena Fílová, civil society member  Bc. Jiřina Bradová, civil society member Patrik Banga, civil society member Bc. Jiří Daniel, civil society member Bc. Věra Horváthová, civil society member Bc. Lýdia Poláčková, civil society member Mgr. Lenka Kurová, civil society member Bc. Roman Slivka, civil society member Mgr. Jozef Baláž,civil society member

“Standing forum of non-governmental organisations on the question of equal opportunities in education”

February 13 and April 9, 2013, The Ministry of Education the established and moderated two meetings of the “Standing Forum” that discussed questions of equal opportunities in education. In its efforts to pursue the execution of the D. H. and others judgment the Ministry of Education communicated with key partners presented at the forum. The standing forum complement, not replace, standard procedures within the ministry of education to handle issues connected with the Consolidated Action Plan.

The meetings were chaired by the deputy minister Jindřich Fryč and with the participation of the Government Commissioner for Human Rights Monika Šimůnková. Among other participants were NGOs representatives, experts, directors of elementary schools, the Czech School inspection, Office of the Public Defender of Rights, as well as representatives of Association of Special Teachers. The meeting was intended to present new measures to ensure the implementation of the consolidated action plan.

Agency for Social Inclusion will launch it activities in new localities

December 6, 2012 – The Government Agency for social inclusion, which supports municipalities in addressing social exclusion, establishes in 2013 cooperation in 17 new localities. With 8 of them the cooperation was launched in January 2013 and the with the rest it will began from July 2013. The new municipalities will replace those that cooperate with the Agency since 2008 and 2010.

The selected cities are: Velké Hamry, Nové Sedlo, Odry, Osoblaha, Ralsko, Rumburk/Staré Křečany a Šternberk (beginning of cooperation between January 2013), Dubí, Frýdek-Místek, Jaroměř, Kraslice, Krnov, Mikulovice, Moravský Beroun a Štět (beginning of cooperation between July 2013) and Poběžovice a Žlutice (on the start date of cooperation to be decided).

The Agency operates in these cities for a standard period of three years. During this time, a local partnership is established, which is composed of representatives of municipalities, NGOs, schools, offices, employers, police and others who are involved in social inclusion. The Agency also helps the municipalities with drafting Strategic plan for social inclusion and also facilitates the process of financing.

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CONTRIBUTION RECEIVED FROM FINLAND

The Ministry of Social Affairs and Health has appointed a working group tasked to coordinate and monitor the Finnish national policy on Roma. In line with the preparing process also the implementation and follow up is carried out in joint cooperation between different stakeholders. It is important to secure both horizontal cooperation between relevant ministries and vertical cooperation between the national, regional and local level.

In 2012 the steering and monitoring group had four meetings in which it focused on housing, education, employment and social and health services for Roma people. It seems that the proposals concerning the education of Roma children have been best implemented. The steering and monitoring group has approved a tool to monitor the implementation of the Policy on Roma.

Some concrete actions which are directly linked to the Policy on Roma:

In 2008–2013 the National Board of Education has granted local authorities discretionary government grants totalling EUR 2.3 million for the development of basic education of Roma pupils. The development activities have been a part of the development of the quality of basic education. Altogether 35 municipalities with Roma pupils have applied for discretionary government grant. It is estimated that at least 80 per cent of all Roma pupils of basic education age are covered by the grant.

In addition the National Board of Education grants NGOs and municipalities an appropriation for organizing language nest activities for Roma of all ages for the purpose of reviving the oral use of the endangered Romani language. At the moment there are 12 language nests in the country.

The first comprehensive work on Romani history in Finland was published in October 2012. A particular aim was to seek the Roma population’s own perspective on their history.

The project was funded by the Ministry of Education and Culture and carried out by an independent research group and in cooperation with the Advisory Board on Romani Affairs.

The measures that the Ministry for Foreign Affairs is in charge of were carried out in 2011 as official duties by means of extra appropriations. Finland’s objectives for the European policy on Roma were incorporated in a handbook published by the Ministry for Foreign Affairs.

The Ministry of the Environment has funded a survey of the housing of Roma in 2012. The Ministry also participated in four regional seminars, where solutions to the housing problems of Roma were dealt with.

Work - on - progress

According to the Government Resolution the first monitoring report on the Policy on Roma is to be submitted by the end of 2013.

The implementation and follow up group is also organizing a hearing to be held in May 2013 for Roma NGOs on their views on the current situation of Roma in Finland and the implementation of the National Policy

Furthermore, a hearing for local authorities is planned together with the Association of Finnish Local and Regional Authorities to take place in autumn 2013.

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In 2013 the Ministry of Social Affairs and Health has decided to commission a pilot research project on the health, welfare and living conditions of Roma people in Finland. The project run by the National Institute for Health and Welfare will aim at preparing a larger research project, which is planned for 2014-2016. The questionnaire and the research methods will be planned together with representatives of the Roma community. Researchers with Roma background will be involved in the project from the beginning.

The development of a Romani portal consisting of 10–12 websites will be started in 2013. The project is organized by the Ministry of the Interior. (www.romanit.fi)

Appropriations granted by the National Board of Education will be used for carrying out a survey of the educational needs of adult Roma population. In 2012–2013 a considerable part of the financial support for basic education is targeted at guiding Roma pupils to continue their education at upper secondary level.

Challenges:

In our view, a challenge for the policy implementation will be to encourage an active participation of the local authorities and the local Roma organisations. A successful implementation of the Policy in practice will require that sufficient human and economic resources are allocated to the longterm implementation of it at all levels.

We find it a special challenge for the implementation of the Policy on Roma that, due to the strained government finances, it has not been possible to allocate specific funding for its implementation, for instance an earmarked discretionary government grant to the local authorities. The participation of Roma NGOs in the implementation would also require specific funding.

Questions and tentative answers for interventions:

1. Biggest challenges- To strengthen Roma policies at local level- To motivate Roma organisations to be actively involved - To motivate authorities to take part in the co-operation on Roma affairs- To allocate enough financial resources for the activities-

2. Follow up of the plan- The work of the steering and monitoring group on the Policy on Roma- The first monitoring report on the Policy on Roma is to be be submitted by the end of 2013.

3. Strengthening education, research, and language and culture- A survey of the educational needs of adult Roma population starts in 2013- The survey of the implementation of the Roma language rights continues

4. Combatting antiziganism

The YES 6 project 2013-2014:- Developing a Romani portal- Learning materials for comprehensive schools on Romani history, culture and the everyday

life of Roma adolescents.- A training programme for the police and the media on different forms of discrimination - Material on identification of discrimination and information to victims - A training programme for young people with minority background in order to empower them - Conference on Equality 2013

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- Enhancing Diversity in the labour market

5. Resources

- According to the Government Resolution in 2010 each Ministry should bear its responsibility and carry out the jointly agreed measures within their budgets

- Municipalities and NGOs should make better use of EU and government grants for development projects

- The allocation of resources will be mapped out and followed by the working group- Local authorities can apply for funding for measures carried out in municipalities in the social

and health care sector from the National Development Programme for Social Welfare and Health Care (Kaste). It is mentioned in the KASTE programme for 2012-2015 that the Policy on Roma will obtain financial support from the programme. At this point we have no knowledge of Roma-specific projects funded by the KASTE programme.

- In regard to employment measures the development projects are funded by national employment appropriations or by the European Social Fund. Funds from the development programme National Intermediate Labour Market of the European Social Fund are used for a pilot project of the Ministry of Employment and the Economy to train support persons of Roman origin for processes of guidance to employment.

- A major part of the measures to combat discrimination are carried out as part of the YES (Equality is priority) projects, which are co-funded by different ministries and the Commission under the "Non-discrimination" budget line of the Progress Programme.

- The National Board of Education, that has a specific Roma Education group, has coordinated the national development of basic education for Roma pupils. In 2008-2013 the National Board has granted local authorities discretionary government grants totalling EUR 2.3 million for the development of basic education of Roma pupils.

- Measures related to housing have been financed by appropriations granted by the Ministry of the Environment and have partly been implemented as official duties. The measures that the Ministry of Justice is in charge of will also be carried out as an official duty.

6. Involving Roma- Dialogue and broad co-operation between Roma people and the authorities - Enables Roma people to take initiatives - Roma people have a possibility to influence their daily activities in municipalities (housing,

school etc.) - Administrative structures for participation and influencing (national and regional Advisory

Romani Boards, local Roma working groups) and Roma NGOs are important since they empower Roma people.

CONTRIBUTION RECEIVED FROM NORWAY

Basic background information

Five groups in Norway are considered as national minorities under the Council of Europe’s Framework Convention for the Protection of National Minorities. These are Jews, Roma (approximately 700 persons living in the capital Oslo), Romani people/Tater (approximately 4000 1), Kven and Forest Finns.

The development of the policy and the measures towards the Roma and the Romani/ Travellers is co-ordinated by the Department of Sámi and Minority Affairs in the Ministry of Government Administration, Reform and Church Affairs in co-operation with the Inter-ministerial working group

1 The numbers of Roma and Romani people/Tater are estimates. The Norwegian legislation does not permit statistical data based on ethnicity and the Roma and Romani people/Tater are against this kind of registration.

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for national minorities (headed by the Ministry of Government Administration, Reform and Church Affairs) and in co-operation with representatives of the Roma and the Romani/Travellers.

One challenge regarding the real knowledge of minorities’ participation in general is of course that the Norwegian authorities, for historical reasons, do not keep a register based on ethnicity. This complicates the chance to gather detailed facts of the situation. There are, however, established various forms of dialogue between the minority groups and their interest organizations and the authorities in Norway. In order to empower the minorities as a dialogue partner, public grants are given to self-organization and to minority institutions.

Recent developments

The Government’s Plan of Action for improving the situation of the Norwegian Roma in Oslo that was presented in 20092, will be evaluated in 2013/2014.

MG-S-Rom, now CAHROM, was informed at an earlier meeting about previous assimilation policy towards the Romani people/Tater, including sterilization without informed consent, documented through a project headed by the Norwegian Research Council. The Government has apologised for the assimilation policy towards the Romani people/Tater that was carried out by previous governments. Collective and individual compensation schemes have followed the apologies.

The Roman people/Tater has felt the need for further clarification regarding assimilation policy and measures. In January 2011 the Government appointed a committee of independent experts, tasked with documenting and assessing the previous policies and measures towards the Romani people/Tater, in Norway. One of the purposes for the committee’s work is to establish a shared understanding of past injustices and abuse, in order to facilitate the reconciliation process between the Romani people/Tater and Norwegian authorities. The Romani people/Tater organizations have been strongly involved in drafting the terms of reference for the committee, and have also been attending the meetings of the committee as observers. A new leader of the committee has been appointed: Norway’s previous Foreign Minister, now the High Commissioner on national Minorities of the OCCE, Mr Knut Vollebæk.

The Norwegian Roma has followed closely the process of reconciliation between the Romani/Tatere and the authorities. Roma representatives have addressed the Norwegian Minister of Administration, Reform and Church Affairs, asking for a clarification on the circumstances resulting in 68 Norwegian Roma being denied entrance to Norway by the Norwegian authorities on their way back from Germany through Denmark in 1934. Several of these Roma were later killed in the Porajmos - as European Roma call the Holocaust. The authorities will follow up this initiative from the Roma.

For the first time a Nordic conference on Roma and Romani people was arranged at Voksenåsen conference center on the 25 – 26 April 2013. The conference was prepared in co-operation with Roma and Romani people from the three Nordic countries. The three Ministers from Finland, Sweden and Norway responsible for the policy concerning the Finnish, Swedish and Norwegian Roma and Romani people were also invited to present their national policies and strategies There has historically been a strong link and much informal contact between these national minority groups across the borders of the three Nordic countries. However this was the first time they met in a formal setting to discuss their situation and the challenges they face. This was also the case for the political representatives of the three governments. Civil servants, researchers, experts and NGOs also attended the conference. The conference stressed the importance of education shedding light on the situation of the Roma women.

2 http://www.regjeringen.no/en/dep/fad/documents/Reports-and-plans/Plans/2009/action-plan-for-improvement-of-the-livin.html?id=594315

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On May 7 2013 the Minister of Justice announced that the Norwegian Government will allocate 10 mill NOK (approximately 125 000 Euro) to various measures to help out the most acute humanitarian needs of foreign Roma temporarily visiting Norway.

CONTRIBUTION RECEIVED FROM POLAND

The Roma children in Special Education System

Poland perceives the participation of Romani children in special education system as a major educational and integration challenge. Monitoring of the Programme for the Romani community in Poland allowed to identify the regions of our country, where the number of Romani students in special schools remains relatively high, which is also confirmed by the studies performed by the Jagiellonian University. According to the collected data, alarming high share of Romani students in special schools (app. 30%) has been observed in three regions with the highest Romani population. The presented result increases the country’s average to the level of app. 17%; however, in majority of the regions this share is much lower.

The key reasons of incorrect diagnosing of the Romani students and placing them in special schools include:

- diagnosing the Romani students on the basis of tests failing to consider bilingual and bi-cultural environment in which a child is brought up,

- frequently poor knowledge of the Polish language of a student,- attractive environment of special schools - equipment, teachers well-prepared to work

with students having special needs and lower requirements towards the students make the parents more willing to place their children in special schools, in particular when they or older siblings have graduated such school,

- insufficient knowledge of the Romani parents on the procedure of placing the Romani students in special schools and consequences brought by studying in such institution, no awareness of parents on the opportunity to transfer a child at each education stage from special school to mainstream school ,

- connecting of an opportunity of a child to learn in special school with an opportunity to benefit from additional social allowances by the family,

- mainstream schools - often not interested in working with students requiring additional care.

Solving of the problem of over-representation of the Romani students in special schools requires the activity of several institutions: outside the public administration and psychological counselling centers issuing the disability degree certificates, special role is to be played by the parents and teachers.

In 2012 and 2013, two central-level conferences and several regional conferences for applicable entities and related to correct diagnosing of the Romani students were organized.

In addition, governmental administration commissioned the Romani NGO, to prepare a brochure for the Romani parents in cooperation with the experts, explaining negative consequences of placing the children in special schools and benefits gained from education (it was published in Polish language and two Romani dialects).

In 2010, a legal amendment was introduced, under which any Romani educational assistant may officially launch the procedure of psychological and pedagogical support to a specific student in a given educational institution (other authorized entities are: the student, parents, teacher, psychological and pedagogical counselling centre).

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In the Polish legal system, the decision on placing a child in special school is the exclusive decision of parents/legal guardians of a child. Polish legislation guarantees the opportunity of learning of a student with disability certificate in a mainstream school, subject to the decision of his/her parents. In such case, such school must adjust its education methods to the recommendations provided by the counselling centre in its certificate.

CONTRIBUTION RECEIVED FROM PORTUGAL

In March 27th, the Portuguese National Roma Integration Strategy has been adopted by the Ministries Council and it is in force since April 17th.

This is the first national plan for in Portugal in order to give an effective and wide response toRoma needs.

Although Portuguese Roma benefit from the same rights as any other Portuguese citizen and share the same responsibilities, the adoption of Portuguese National Strategy offers a new set of tools to address Roma issues namely, early school dropout, lack of access to services, lack of proper housing conditions, discrimination , among others.

This strategy, as a set of policies and measures, was designed through, and is a result of, cooperation of all the ministries, civil society partners Roma communities, experts, others, in thematic meetings and in a public consultation process, through which were made several adjustments to Strategy’s final document.

Giving response to the Commission’s communication, Portuguese National Strategy for Roma Integration includes four thematic pillars – education, housing, employment and health – but went further including a crosscutting pillar, to bring together all others with a set of measures in the field of discrimination, mediation, civic participation, Roma history and culture, just to give some examples.

Portuguese National Strategy is composed this way by five “Pillars” and, for each one of them, were set out “Priorities”, which means the strategic lines of intervention for each pillar. Each priority is based on several “measures”, which correspond to the established main objectives.

For each pillar was appointed a responsible partner that will mobilize all necessary partners in its correspondent thematic field, from public administration to civil society organizations, Roma communities, and experts, others.

Therefore, Portuguese National Strategy presents itself as a wide and participated process. Although includes several measures that came from the past with solid results in the field, like Programme for Municipal Mediators or Programme Choices, that you already might have heard of, this Strategy is a process that is starting but, due to its complexity, will certainly not be concluded by 2020.

It is starting now with the first national-wide study on Roma communities, particularly relevant if you have in mind that there are no official data on this matter in Portugal, and with the set-up of a Consultative Group for Roma Issues where will be all the ministries but also civil society organizations, Roma communities’ associations and experts, that will follow-up, adjust and evaluate the Strategy in close cooperation with all partners responsible by each of the five pillars and the established priorities and measures.

As a wide and participated process, everyone knows the hard task at hands but it is strong the conviction of the ministries, civil society organizations, Roma communities and experts, that

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Portuguese National Roma Integration Strategy is an opportunity, for so long awaited, that will not be wasted, although many years will be needed for us to see the first results.

The Strategy is an on-going process that will need and feed from the diversity and responsibility of everyone’s contribution.

CONTRIBUTION RECEIVED FROM SERBIA

The Action Plan on improving the situation of Roma and Sinti within the OSCE area is intended to reinforce the efforts of the participating States and relevant OSCE institutions and structures aimed at ensuring that Roma and Sinti communities and individuals are able to play a full and equal part in our societies and at eradicating discrimination against them.

Education:- Introduction of assistants for support to Roma children in preschool institutions and elementary schools in Serbia – education associate

At the moment, 178 Roma teaching assistants are employed in preschool institutions and primary schools in Serbia. Under the Law on the Foundations of the Education System, teaching assistants are engaged as part of the regular preschool/primary school staff and are remunerated from the national budget. The coverage of ethnic Roma children by primary education has increased and the latest information thus shows that 89% of the Roma enrol in primary school. These gains are attributed to effects of inclusive measures and policies stipulated by the Law on the Foundations of the Education System (2009), and primarily to the work of teaching assistants.

Health:- Engagement of Roma women as health mediators A total of 75 health mediators are engaged in local primary health care centres in Serbia. All 75 mediators are ethnic Roma women. Since the launch of the health mediators network in 2008, 120,708 Roma men and women have been covered during their visits to Roma settlements, 36,600 first-time visits to Roma families have been realised, 9,086 Roma men and women have been provided with identity documents and health insurance cards, and 8,238 children have been vaccinated. About 5,000 women, of whom 2,300 pregnant or recent mothers, have undergone comprehensive health checks. A total of 1,333 Roma children have enrolled in school.

Housing:- The area of social housing has been regulated

The National Social Housing Strategy, foreseeing specific measures for informal Roma settlements, has been adopted. The City of Belgrade has introduced a social housing programme, targeting predominantly the Roma. The Delegation of the European Union to Serbia and the European Commission have earmarked EUR 3.6 million out of the "IPA remnant funds" for finding a durable solution for the housing needs of the Roma relocated from the informal settlements of Belville and Gazela, who currently live in container settlements. The City of Belgrade should adopt the Action Plan during February 2013, and implement it during the spring of 2013, supported by EU funds. The social housing construction project adopted by the Government of the Republic of Serbia is being implemented in seven cities in Serbia (Zrenjanin, Kikinda, Kragujevac, Kraljevo, Niš and Čačak). The contract has been concluded and the works are expected to commence in March 2013. The deadline for completion is 31 December 2014. Employment: - Increasing employability of Roma men and women

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In previous years, support to employment of the Roma is extended to active labor market programs, through additional education, through subsidies and public works. It results in increased number of Roma registered on National Employment Service from 9500 in 2009 to 22000 in 2012. In the forthcoming period, technical assistance to support the formation of new collectives, social cooperatives and enterprises, with the aim of creating further employment opportunities and social mobilisation within the Roma community.

DESIGNING POLICES ON ROMA WITH THE PARTICIPATION OF ROMA

Great progress has been achieved in introducing inclusive education. According to independent surveys (UNICEF and RSO, 2010), the coverage of ethnic Roma children by primary education has increased and the latest information thus shows that 89% of the Roma enrol in primary school. These gains are attributed to effects of inclusive measures and policies stipulated by the Law on the Foundations of the Education System (2009), and primarily to the work of teaching assistants. At the moment, 178 Roma teaching assistants are employed in preschool institutions and primary schools in Serbia. Under the Law on the Foundations of the Education System, teaching assistants are engaged as part of the regular preschool/primary school staff and are remunerated from the national budget. Results of health mediators' work: A total of 75 health mediators are engaged in local primary health care centres in Serbia. All 75 mediators are ethnic Roma women. Since the launch of the health mediators network in 2008, 120,708 Roma men and women have been covered during their visits to Roma settlements, 36,600 first-time visits to Roma families have been realised, 9,086 Roma men and women have been provided with identity documents and health insurance cards, and 8,238 children have been vaccinated. About 5,000 women, of whom 2,300 pregnant or recent mothers, have undergone comprehensive health checks. A total of 1,333 Roma children have enrolled in school.

Including health mediators' position in the job classifications: The Ministry of Health plans to include the position of health mediators in the health centres' job classifications during 2013, in order that they become part of the regular health care staff, with support within the IPA 2012 Social Development sector programme. All mediators are currently engaged on a project basis, whereby 60 of them are remunerated from the national budget, and 15 – from donor funds.

In June 2010, the 35 members of the Roma National Council were directly elected by 30,811 caste votes, from a voters list of 56,076 (55% voter turnout). It was a significant achievement that the Roma community was able to qualify for direct elections, by exceeding the threshold of 43,277 persons registered on the voters list. The direct elections have added greatly to the perceived legitimacy of the council. The Council has a four year mandate, and like the other (18) National Minority Councils in Republic of Serbia, has competency in law on four issues, namely education, culture, use of Romani language and script, and media and information. State institutions are legally obligated to consult with the council as a part of the decision making relating to these issues. The state budget in 2010 for the Roma National Council amounted to RSD 11,772,747 (circa Euro 113,200).

The Office for Human and Minority Rights, supported by donor funds, plans to introduce six Roma inclusion advisers in the ministries responsible for education, health, housing, culture, employment and social policy. The advisers will be engaged in affairs pertaining to the Action Plan Implementing the Strategy for Improvement of the Status of the Roma, as part of the system for the coordination and monitoring of and reporting on implemented activities.

COMBATING RACISM AND DISCRIMINATION

General and special antidiscrimination laws were adopted, such as, inter alia, the Law on the Prohibition of Discrimination, the Law on the Prevention of Discrimination of Persons with Disabilities, or the Law on Gender Equality. Provisions on the prohibition of discrimination are contained in numerous laws regulating certain areas of social relations, such as the Labour Law, Law

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on Healthcare, Law on the Professional Rehabilitation and Employment of Persons with Disabilities, Law on Employment and Unemployment Insurance, Law on Civil Servants, Law on the Fundamentals of the Education System, Law on Higher Education, Law on Churches and Religious Communities, Law on Healthcare, Law on Public Information, Advertising Law. The criminal-legal protection from discrimination is regulated by the Criminal Code of the Republic of Serbia and the Criminal Procedure Code. The regulations in force provide good legal conditions and adequate instruments for protection against discrimination, its prevention and suppression, pursuant to international and European standards.

The prohibition of discrimination in media is contained in the Law on Public Information3. The Law, under Article 39, prescribes the possibility of pressing charges for violations of the prohibition of hate speech that may be used to request the prohibition of the repeat publication of information. Pursuant to the provisions of this Law, the publication of ideas, information and opinions stimulating discrimination, hate or violence against a person or group of persons due to their affiliation or lack thereof to a race, religion, nation, ethnic group, sex, or their sexual orientation, is prohibited regardless of whether the publication constituted a criminal offence.

The Law on Radio Broadcasting4, under Article 21, prescribes that the Broadcasting Agency is tasked with preventing broadcaster programmes from containing information inciting discrimination, hate or violence against a person or group of persons due to differences in political orientation, or affiliation or lack thereof to a race, religion, nation, ethnic group, sex, or due to their sexual orientation. The Law prescribes that all broadcasters shall, in broadcasting their programme, contribute to raising the general cultural and cognitive level of citizens. The harmonization of public media programmes with the programme principles is monitored by the Council of the Broadcasting Agency, comprised of nine members, with two appointed by the National Assembly of the Republic of Serbia at the proposal of churches and religious associations, and/or local citizens’ associations primarily engaged in protecting freedom of speech, the rights of national minorities and the rights of children, through joint agreement.

The Commissioner for Protection of Equality is an independent, autonomous and specialized state authority established on the basis of the Law on Prohibition of Discrimination from 2009. The first Commissioner for Protection of Equality, was appointed on May 5th 2010 by means of a Decision of the National Parliament of the Republic of Serbia. The normative framework for the work of the Commissioner for Protection of Equality consists of the Constitution of the Republic of Serbia, the relevant international documents, and the general and the special antidiscrimination laws of the Republic of Serbia.

The task of this state authority is to prevent all forms, types and cases of discrimination, to protect the equality of natural persons and legal entities in all spheres of social relations, to oversee the enforcement of antidiscrimination regulations, and to improve realization and protection of equality.

REGULAR ANNUAL REPORT OF THE COMMISSIONER FOR PROTECTION OF EQUALITY FOR 2010

In terms of the prevalence of discrimination, most people concluded that the discrimination is present in large or very large extent (59%), and the attitudes of more than half of citizens, group most exposed to discrimination are Roma (50%). Roma women are discriminated against in the exercise of the right to protection from gender-based violence, particularly in terms of accommodation in safe houses and shelters.

REGULAR ANNUAL REPORT OF THE COMMISSIONER FOR PROTECTION OF EQUALITY FOR 2011

3 “Official Gazette of the RS”, no. 43/03 and 61/054 “Official Gazette of the RS”, no. 43/03 and 61/05

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In the course of 2011 the three lawsuits were filed. The first was related to discrimination based on belonging to the Roma minority. In the course of 2011 the charges were the two misdemeanour charges, both because of the segregation of Roma children in kindergarten and elementary schools in the same municipality.

Most complaints in 2011 were filed because of discrimination based on national origin or ethnic origin - 72 complaints, of which belonging to the Roma (31.9%).

A total of 10 complaints have been filed against individuals who, through their behaviour demeaned and harassed the complainant and insulted their dignity on the basis of national origin.

Nine complaints related to discrimination based on national origin in the area of education, which is a cause for concern. Three complaints were filed because of segregation of Roma children in education. In six cases, the complaint was filed against educational institutions, principal, or a teacher of students because of discrimination based on national origin. In one case it was not established that the teacher's behavior was motivated by Roma nationality students, but the school sent two recommendations for measures to be among students develop a spirit of tolerance, acceptance of diversity and non-discriminatory conduct by organizing appropriate programs, training and education .Filed 26 complaints (6.4%) because of discrimination in education and professional development in 2011. year. Several complaints related to discrimination against Roma children in school, as well as the segregation of Roma children in primary school and kindergarten.

HOUSING AND LIVING CONDITIONS

In the implementation of the Housing Action Plan that relates to the regulation of the property status of housing structures in Roma settlements participates the Ministry of Environment and Spatial Planning, together with the Ministry of Human and Minority Rights, in which the most important activities are the following:

• Preparation of adequate (urban) planning documentation• Regulation of the property-legal status of housing structures

The goal is to improve the living and housing conditions for the parts of cities/municipalities where Roma settlements are located. Regulation of the status of housing structures is a step towards integration of Roma settlements and their inhabitants into the town/municipal system. Based on the already initiated activities in the previous year and the commitments in this area, funds in the amount of RSD 14,000,000 were planned for 2009.

The Law on Social Housing has been adopted.

The area of social housing has been regulated. The National Social Housing Strategy, foreseeing specific measures for informal Roma settlements, has been adopted. The Strategy is in line with the International Covenant on Civil and Political Rights. The City of Belgrade has introduced a social housing programme, targeting predominantly the Roma.

Ministry of Environmental Protection and Urban Planning is supporting 8 municipalities in development of 10 urban planning documents for Roma settlements. In 2010, two of these 8 municipalities adopted urban planning documents for Roma settlements which constitutes base for further improvement of housing conditions, both infrastructure and individual.

The relocation of settlements is unavoidable in certain circumstances, and efforts are ongoing to ensure that the process is an appropriate one and respects international standards and best practice, for example, affected families are fully consulted at the planning stage. To this end, the City of Belgrade in 2010 created its Council for the “Social Inclusion of Roma Temporally Settled in Informal Settlements” and created a new Roma office.

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The Delegation of the European Union to Serbia and the European Commission have earmarked EUR 3.6 million out of the "IPA remnant funds" for finding a durable solution for the housing needs of the Roma relocated from the informal settlements of Belville and Gazela, who currently live in container settlements. Together with the City of Belgrade, the Office for Human and Minority Rights co-chairs the meetings attended by representatives of line ministries, City of Belgrade, EU Delegation and other international organisations, Roma National Minority Council, Roma civil society and human rights non-governmental organisations. The City of Belgrade should adopt the Action Plan in 2013, and implement it during the spring of 2013, supported by EU funds.

Eight towns in the Republic of Serbia have developed local housing strategies providing for measures and actions for resolution of housing problems of vulnerable population. Local housing agencies were established in 8 municipalities with a view to implementation of local housing policies, and construction and management of municipal housing funds. The measures related to resolution of housing problems of certain vulnerable groups (Roma, refugees and internally displaced persons) have also been defined in local action plans for improvement of the situation of these groups. Some local governments subsidize electricity and housing costs to the poorest categories of population.

The social housing construction project adopted by the Government of the Republic of Serbia is being implemented in seven cities in Serbia (Zrenjanin, Kikinda, Kragujevac, Kraljevo, Niš and Čačak). The investment amounts to RSD 412,880,000, of which RSD 200,000,000 from the Republic Housing Agency budget and a total of 8000 m2 of net floor area is to be built for social housing purposes. The contract has been concluded and the works are expected to commence in March 2013. The deadline for completion is 31 December 2014.

The housing construction project based on the Framework Loan Agreement with the Council of Europe Development Bank foresees the construction of 1,700 housing units in 12 cities in Serbia (Zrenjanin, Kikinda, Kragujevac, Pančevo, Kraljevo, Niš, Čačak, Užice, Zaječar, Kruševac, Pirot and Smederevo). The initial works are planned for March 2013. As part of the project, 1,700 housing units are planned to be built, of which 1,200 for not-for-profit sale and 500 for rental. The beneficiary selection criteria will be defined on the basis of a regulation to be adopted by the Government.

The Government recognizes that discriminatory practices exist in the housing market, for example in the private rental sector, and has legislated on this issue within the 2009 Law on Anti-Discrimination.

The process of legalisation of so-called informal Roma settlements lies in the competencies of the respective local self-governments, with the Ministry of Environment, Spatial Planning and Mining maintaining a coordination, monitoring and expert role. The support of the Ministry is crucial to the success of the process, and in particular through awareness raising, financial support for preparation of planning documents, and monitoring to ensure the effective and efficient use of state funding.

During 2010, the Ministry of Environment, Urban Planning and Mining provided financial and technical assistance to 8 municipalities in development of 10 urban planning documents for Roma settlements. Two of the 8 municipalities, namely Knjazevac and Srbobran, completed the ‘legalization’ of their respective settlements (total of 960 residents), which provides the base for further improvement of housing conditions, both infrastructure and individual.

The Ministry of Labour and Social Policy spent around RSD 6,000,000.00 (circa Euro 57,700) for the housing and reintegration of 53 Roma families (240 persons) resettled from the informal Roma settlement under the Gazela Bridge in Belgrade.

The Roma constitute approximately 20% of the some 950 refugees and internally displaced persons accommodated in collective centres throughout Serbia. In 2010, the Commissariat for Refugees spent RSD 26,000,000 (circa Euro 250,000) for the housing of the Roma families (20% of the total RSD 130,000,000).

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According to the Ministry of Environment, Urban Planning and Mining the initiatives to allocate abandon dwellings in the countryside, along with agricultural land, to Roma families have met with limited success, due to the lack of interest within the Roma community in the agricultural sector.

The conference “Access to Social and Affordable Housing – Exchange of Experiences on Housing Policies in Serbia and other Countries in Europe” was held in Belgrade on 11 February 2010. The draft Social Housing Strategy was discussed and attention was paid to the models of social housing, eligibility criteria for social housing and analysis of housing of the poor in Serbia.

The authorities of the Autonomous Province of Vojvodina constructed new roads in the Roma settlements in the municipalities of Vrsac and Novi Becej, and it is planned to erect street lights in those settlements, powered by alternative energy.

Following the November 2010 earthquake in Kraljevo, the Ministry of Environment, Urban Planning and Mining began implementation of an 8 million euro reconstruction programme, funded by the Council of Europe Development Bank, which includes the development of additional social houses, which will be allocated in part to Roma families.

The Commissariat for Refugees provided durable solutions for Roma internally displaced persons from Kosovo and Metohija, with 32 families receiving packages of construction material and 20 families allocated pre-fabricated houses. The assistance was provided under EU IPA 2007 and IPA 2008.

HEALTH CARE

The Ministry of Health – in the Main Programme – 1802 - Preventive Health Care, Programme 01802-08 - Improvement of Health of Special Population Groups, Project 01 - Implementation of the Plan for Health Care of Roma, an amount of RSD 18,500,000 is provided for the needs of Roma mediators and other programmes in the Action Plan, adopted in 2009.

Roma health mediators, 75of them in total, are working in 59 municipalities in Serbia. The Roma Health Mediator program is financed from the budget of the Republic of Serbia, from the World Bank loan as well as from the donations of the Open Society Fund Serbia, UNICEF and Telenor. Roma Health Mediators are all Roma women, they are facilitating access to health care for Roma, they are visiting Roma families, keeping protocol about their health, as well as socio/economic status, providing support in aces to personal documentations and benefits in the area of social care. Ministry of Health is in cooperation with the relevant institutions and organizations doing the cost benefit analyses in order to prepare base for introduction of the Health Associate/Mediators occupation in the health system.

During the 2010, the Ministry of Health implemented various activities that covered a total of 36,600 families and 120,708 Roma persons. Health mediators conducted a total of 138,106 visits to Roma families, 34,494 promotional health leaflets were handed out, and 5,740 workshops with nurses were organized in Roma settlements. Mediators have thus far collected data on the status of 850 Roma settlements in 50 towns in line with the indicators of the World Health Organizations. As of December 2010, a total of 87,227 Roma and 25,900 Roma families were registered in the database developed for use by the Health Mediators.

In 2010, the Ministry of Health dedicated significant efforts and resources to strengthening the scheme of Roma health mediators. Roma health mediators, 75 of them in total, are working in 59 municipalities in Serbia. The Roma Health Mediator program is financed from the budget of the Republic of Serbia, from the World Bank loan as well as from the donations of the Open Society Fund Serbia. The Roma Health Mediators are all Roma women. They facilitate access to health care for Roma, carry out household visits to Roma families, organize healthcare related workshops in Roma

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settlements, maintain protocols about the health, as well as socio/economic status, of the Roma, and provide support in securing personal documentation and benefits in the area of social care. In addition, the Ministry provided funding in 2010 in the amount of RSD 3,138,204 (circa Euro 30,200) for 16 Roma related health projects implemented by civil society organizations in partnership with the respective health centres.

The issuance of health cards was facilitated as of July 2010 by the new Rules of Procedure on the Methodology and the Procedure for Exercising the Rights of Mandatory Health Insurance of the Republic Institute for Health Insurance5, which stipulates in Article 11 the right to mandatory health insurance of Roma citizens based on a personal statement that the person is of Roma nationality and the residence certificate or a personal statement on the place of termporary residence; and provides under article 12 for funds to be allocated for this purpose from the compulsory health insurance fund and the national budget. The same provision is found in Article 22 of the Law on Health Insurance (Official Gazette, No. 107/05).

Furthermore, the Ministry of Health began implementation of the project "Employment of Roma Health Mediators: an economic analysis of the introduction of Roma health mediators into the system of public health institutions in Serbia", funded by the Open Society Institute. One of the components of the project is the economic analysis, which should be produced by the Institute of Economic Sciences, with the purpose to determine how the work of health mediators enhance the health of the Roma and how much does it cost to the health system of Serbia.

EMPLOYMENT

Support to employment of the Roma is extended to active labour market programs. In 2009, 390 persons were covered by additional education. Subsidies were granted to 231 Roma. The 2010 priority will be to activate the financial assistance beneficiaries (most of them Roma) through public works, Roma and persons with disabilities. The problem of workers in grey economy, as well as the status of the Roma collecting secondary raw materials (recycling), was prominent.

The work of the National Council of the Roma National Ethnic Minority and 12 Roma NGOs was supported by EUR 0.5 million of the project of public works.

With respect to implementation of the Roma Inclusion Decade, the Strategy for Improvement of the Position of the Roma in the Republic of Serbia was adopted, with integral measures and activities in the employment sector taken into account during development of the National Action Plans/Employment for 2009, 2010 and 2011. Wishing to promote the employment of Roma in 2010, the National Employment Service opened special public calls for disbursing subsidies for self-employment and to employers for employment of members of the Roma community. Both subsidies are paid as cash grants amounting to RSD 160,000. By October 31, 2010, 117 Roma, including 38 women, received self-employment subsidies. A total of 66 Roma, including 30 women, were employed through subsidies to employers. Roma interest in participating in active labour market programmes increased in 2010. In the period January 1–October 31, 2010, the information system of the National Employment Service recorded 22,160 cases of in which Roma utilised one of the measures of active labour market programmes. In 2010, some 2,000 Roma were employed6.

Certain progress was made through public works, with advantages for projects that included higher numbers of Roma, аs well as those submitted by associations aiming to exercise or advance the rights of Roma. In 2010, 352 public works were approved, 21 of which targeted the Roma population. Roma also participated in other public works, rendering the total number of employed Roma higher, i.e.

5 Official Gazette of RS, Nos 10/10, 18/10-correction, 46/10, 52/10 and 80/10.6 Of this number, 2,964 Roma (2,313 women) were included in group information activities, 750 Roma (286 women) visited job fairs, and 436 Roma (120 women) participated in trainings for entrepreneurship.

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approximately 360 persons. In 2009, a total of 450 Roma were engaged on public works 7, аnd 275 in 2008.

The National Employment Strategy 2011–2020, adopted in May 2011, sets improving human capital and higher social inclusion of individuals and groups in a situation of social exclusion, which certainly includes the ethnic Roma, as one of the strategic aims of employment policy in the Republic of Serbia.

Number of the unemployed ethnic Roma registered with the NES

2010Count on 31 December

2011Count on 31 December

2012Count on 30 November

15,867 persons(7,637 women)

19,398 persons(9,180 women)

20,342 persons(9,513 women)

Source: National Employment Service

During 2011, 1,935 ethnic Roma from the Unemployment Register of the National Employment Service were placed, of whom 715 were women, and during 2012 – 1,382 ethnic Roma, of whom 446 were women.

Implementation of programmes and measures foreseen by theNational Employment Action Plans 2011 and 2012

Title of the measure Total/women 2011 Total/women 2012

Employability assessment and individual employment plan

14,722 / 6,486 14,851 / 6,651

Active job search training and job clubs 340 / 183 417 / 206

Job fairs 716 / 231 400 / 134Inclusion in further education and training

Functional primary education 441 / 244 400 / 190Information and consulting sessions for entrepreneurship developmentEntrepreneurship training 247 / 78 207 / 59Subsidies to employers to create new jobs and hire the Roma

7 / 3 12 / 6

Self-employment subsidies 40 / 14 25 / 11Public works 287 / 63 168 / 42

Source: NES Report on NEAP 2011 and 2012 Implementation

Thus, in 2012 (up to 30 November), 15,447 ethnic Roma (of whom 6,880 were women) were covered by active employment measures, but their breakdown by education was markedly unfavourable, as 13,219 persons (of whom 6,164 were women) had only primary education or incomplete primary education.

As part of the joint programme Support to National Efforts for the Promotion of Youth Employment and Management of Migration (YEM) (four UN agencies – IOM, ILO, UNICEF and UNDP), which was implemented until May 2012 in five districts (South Bačka, Belgrade, Pčinja, Nišava and Pomoravlje) and covered 52 municipalities; among the target groups were the Roma (disadvantaged youth aged 15–30 with low educational attainment levels). With assistance from the project, the Youth Employment Fund was established and, out of 2,716 Fund beneficiaries (disadvantaged youth) in total, 396 are Roma (14.6%). In specific cases, Roma beneficiaries of the Fund belong to the category 7 National Employment Service.

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of multiply disadvantaged persons (an ethnic Roma person with disability, a Roma woman – single parent, etc.).

Measure Number of the Roma covered

Preparation for employment and training

325

Self-employment 16Measures for persons with disabilities 4Employment subsidies 51TOTAL 396

The National Employment Action Plan 2013 identifies the Roma as a hard-to-employ category, which will continue to have priority in the inclusion in active employment measures in 2013. The foreseen measures build on the activities aimed at economic and social activation of the Roma and promotion of their employment. Also, as a specific activity within the Twinning project Preparation of Serbian Labour Market Institutions for European Employment Strategy, funded from the European Union pre-accession funds (IPA 2011), in local governments where Roma unemployment is pronounced, support is planned to be provided in identifying the needs and possibilities in the local labour market and developing local employment action plans.

On the recommendation of the Council for Improvement of the Status of the Roma and as part of the Decade of Roma Inclusion, in 2012, as a form of partnership between the public and civil sectors, the National Committee for Economic Empowerment of the Roma was established, with the Employment Department and Regional Development Department playing the leading role in it. In addition to representatives of institutions and the Social Inclusion and Poverty Reduction Unit, representatives of the civil sector and Roma associations are included in the Committee. The Committee is focused on economic problems of the Roma (employment, cooperatives, social entrepreneurship etc.) and it will operate as a provider of technical, advisory and operational support to national and international bodies in launching initiatives for cooperation in the implementation of projects by local governments and civil and private sectors.

IMPOVING ACCESS TO EDUCATION

Great progress has been achieved in introducing inclusive education. According to independent surveys (UNICEF and RSO, 2010), the coverage of ethnic Roma children by primary education has increased and the latest information thus shows that 89% of the Roma enrol in primary school. These gains are attributed to effects of inclusive measures and policies stipulated by the Law on the Foundations of the Education System (2009), and primarily to the work of teaching assistants. At the moment, 178 Roma teaching assistants are employed in preschool institutions and primary schools in Serbia. Under the Law on the Foundations of the Education System, teaching assistants are engaged as part of the regular preschool/primary school staff and are remunerated from the national budget. The Office for Human and Minority Rights, in collaboration with the Ministry of Education, Science and Technological Development, organised four cycles of training for all teaching assistants in the second half of 2012. The training was supported with donor funds. In 2013, training for assistants is planned to continue within the IPA 2012 Social Development sector programme.

Affirmative actions are being implemented in education of Roma children. Affirmative actions in respect of ethnic Roma have been implemented in Serbia since school year 2003/2004 and are in conformity with article 4, paragraph 2 of the Law on the Protection of Rights and Freedoms of National Minorities, which foresees the obligation for state authorities to undertake measures aimed at improving the position of persons belonging to the Roma national minority, and with article 4 of the CoE Framework Convention for the Protection of National Minorities, which foresees the obligation for member states to undertake measures for the promotion of full

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and effective equality of members of national minorities. These measures are also part of the Action Plan Implementing the Strategy for Improvement of the Status of the Roma in the field of education. The Office for Human and Minority Rights collects data, processes them and prepares lists of candidates meeting the requirements, which are subsequently forwarded to the Ministry of Education, Science and Technological Development.

In school year 2012/2013, through affirmative actions, 238 ethnic Roma enrolled in faculties and higher education colleges, and 367 in secondary schools. Since school year 2003/2004, a total of 1092 higher education students and 1948 secondary school students have been enrolled through affirmative actions.

The Rulebook on Affirmative Actions is being developed. The Office for Human and Minority Rights has initiated the development of the Rulebook, which will define in more detail the criteria and procedures for the implementation of affirmative actions for the enrolment of the ethnic Roma in secondary schools and higher education institutions in the Republic of Serbia. A working group has been established, with representatives of:

Ministry of Education, Science and Technological Development; Office for Human and Minority Rights; Provincial Secretariat for Education; Roma National Minority Council; Roma Inclusion Office of the Autonomous Province of Vojvodina; Roma Women's Network; League for Roma Decade.

The preliminary conclusions of the Multiple Indicator Cluster Survey (MICS4, UNICEF and the Republic Statistical Office) on the status of children and women in Serbia indicate that: attendance of the preschool preparatory programme by Roma children from the informal

settlements doubled in the period 2005–2010; enrolment in primary school increased from 66% to 89%; the mortality of Roma children was halved; 99% of Roma women from informal settlements give births in hospitals; only 4% of children up to five years of age do not have health insurance cards; the quality of life of the Roma in informal settlements has shown an overall improvement (in

the period 2005–2010).

POLITICAL AND PUBLIC PARTICIPATION

Roma representatives are members of the highest bodies for Roma policy at the National level. The Serbian Government maintains three principle bodies for decision making on policy and implementation issues relating to the realization of the Roma National Strategy, namely the Council for the Improvement of the Position of the Roma, coordinated by the Deputy Prime Minister for European Integration; the inter-Ministerial working group for Roma inclusion, chaired in 2010 by the Assistant Minister for Human and Minority Rights (and member of the Roma community); and intra-Ministerial working groups within the 9 ministries and Commissariat for Refugees. The members of these bodies are representatives of Roma civil society organizations, National Council of the Roma National Minority (hereinafter: Roma National Council) and representatives of the competent state authorities – line Ministries.

In June 2010, the 35 members of the Roma National Council were directly elected by 30,811 caste votes, from a voters list of 56,076 (55% voter turnout). It was a significant achievement that the Roma community was able to qualify for direct elections, by exceeding the threshold of 43,277 persons registered on the voters list. The direct elections have added greatly to the perceived legitimacy of the council. The Council has a four year mandate, and like the other (18) National Minority Councils in Republic of Serbia, has competency in law on four issues, namely education, culture, use of Romani language and script, and media and information. State institutions are legally obligated to consult with the council as a part of the decision making relating to these issues. The state budget in 2010 for the Roma National Council amounted to RSD 11,772,747 (circa Euro 113,200).

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Roma civil society organizations have many coalitions which are very active in the advocacy field and whose representatives are involved in all phases-from policy planning and development to implementation and monitoring, through participation in stated established working groups and councils as well as in implementation of projects at the national and local level. One of the important principles for implementation of state (co) funded projects in the area of Roma inclusion is partnership between the institution(s) in charge and Roma civil society organizations. The most significant networks are the League for the Decade, Roma Women Network, and network of Roma Women from the Autonomous Province of Vojvodina.

There are two Romani members of parliament from the newly established Democratic Leftist Party of Roma8 and Social Democratic Party. According to the NGO National Democratic Institute, there are 26 elected Roma municipal assembly councillors in 24 municipalities in the Republic of Serbia.

The Government’s Council for Improving the Position of Roma in the Republic of Serbia met twice in 2010 to evaluate the implementation of the National Strategy and provide guidance as appropriate.

The National Strategy assigns responsibility to the respective Ministries for monitoring and evaluating progress against the defined goals and measures specified in the Strategy, with overall coordination provided by the Ministry of Human and Minority Rights, Public Administration and Local Self-Government (formally the Ministry of Human and Minority Rights). In 2010, the documents prepared by the Ministry, included a consolidated report on the measures taken and state funds allocated by Ministries in 2010 for the implementation of the National Strategy.

The Serbian Government supports structures for the implementation of the National strategy at the local level that are appropriate to the local circumstances and needs, and as defined jointly by the local self-governments and local Roma communities.

At the level of the Autonomous Province of Vojvodina there is also an Office for Roma Inclusion.

In 54 local self-governments in the Republic of Serbia there are local Roma coordinators engaged, including 23 coordinators in the autonomous Province of Vojvodina (two new coordinators appointed in Stara Pazova Municipality and City of Pancevo in 2010). They are part of the municipal administrations and their role is to advance the position of Roma in their respective municipalities, to make better use of opportunities from the central level and donors, etc. The local coordinators chair various working groups at the municipal level relating to the implementation of the local action plans for Roma inclusion.

ROMA AND CRISIS SITUATIONS

Through the implementation of the project ''Capacity Building of Institutions involved in Migration Management and Reintegration of Returnees in the Republic of Serbia'' - CBMM project“, which were conducted through mutual cooperation of the International Organization for Migration and the Commissariat for Refugees and Migration, the trainings were held in 140 municipalities in Serbia in order to raise awareness regarding the status and rights of migrants in the Republic of Serbia. The aim of these trainings is to further inform the representatives of those local authorities, exposed to migration related issues within the context of their occupation, on the relevant concepts in the field of migration management in order to ensure that migrants are afforded access to all their individual rights, and furthermore that by means of mutual discussion, those involved in migration management will be informed on examples of best practice.

Within the CBMM project through the raising awareness component within the civil society organizations regarding the rights and needs of migrants, the Commissariat participated in round tables aimed at informing and educating journalists, as well as Serbian academic community,

8 The party was formed in 2010, after Mr Jovan Damjanovic left the Radical Party

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representatives of NGOs and associations of refugees, internally displaced persons and Roma associations, in order to bring closer the problem of migration management to the professional and general public, as well as to address the needs and problems of different migrant groups. As part of this project, half-hour movies about refugees, internally displaced persons, returnees under the terms of the readmission agreement and asylum seekers, were filmed and broadcasted on TV. Total four TV spots and radio jingles were produced and broadcasted on the radio and TV stations and 5 one-hour radio shows, hosting experts in the field of migration, representatives of state institutions, international organizations and NGOs, were broadcasted.

Strengthening measures to improve the housing conditions of Roma population

Based on the recommendations of the Special Rapporteur on the Human Rights of Internally Displaced Persons, the Commissariat for Refugees and Migration in collaboration with UNHCR and the Statistical Office of the Republic of Serbia with the support of the Joint IDP Profiling Service based in Geneva, in 2011, conducted research Needs Assessment of Internally Displaced Persons. The Research shows that 97,000 out of 210,000 IDPs in Serbia, or about 23,000 families, are in the state of need. Family in the state of need is being defined as family without adequate housing solutions with at least one more vulnerability criteria in accordance with the recommendations of the UNHCR (extremely low income, ill or disabled family member, a family with a large number of small children, elderly people without support etc.). The employment rate for persons in need is 28.5% and the unemployment rate is 39%. These people are mostly tenants (48.9%) or live with relatives and friends (21.6%). It is estimated that the assistance in solving housing problems is required for the 21,420 households in the state of need, and the most wanted type of assistance are the packages of building materials and apartments for social housing. The results of the research are important tool for planning of appropriate programs for employment and housing.

Roma, Ashkali and Egyptians, comprised a total of 10% of internally displaced persons from Kosovo and Metohija, and represent a particularly vulnerable group which partially due to a lack of personal documents as also their traditional way of life, are exposed to greater difficulties in exercising their rights to health insurance, social security, employment and education. In order to resolve their problems, the Commissariat for Refugees and Migration, together with their involvement in the priority programs for improvement of the living conditions of IDPs, takes care of the equal involvement of these persons in all programs designed for non-displaced Roma. In the previous period, the Commissariat has provided the means for the closure of two Roma settlements inhabited exclusively by internally displaced Roma (in the City of Pozarevac and City of Kraljevo) by building houses for their permanent housing. Housing needs of Roma families accommodated in collective centres are usually solved through programs of purchasing village households and ownership on housing units is transferred to the beneficiaries. The most vulnerable Roma families accommodated in the collective centres are being housed in housing units for social housing in supportive environment, where rents are exempt, and if necessary, they receive financial assistance to pay for utilities and electricity. Lack of funds is the main obstacle to faster solve their housing problems.

In 2008 the Commissariat for Refugees of the Republic of Serbia in cooperation with the International Organization for Migration (IOM) and the local governments began the implementation of the projects intended towards development of local action plans (LAP) of the municipalities and cities. The aim of the project was development of the strategic documents and action plans for improvement of the status of refugees and internally displaced persons. In order to accomplish this task on the local level Local Councils for Migration have been established and their task is adoption of LAPs. The revision of LAPs is on-going in order to include needs of returnees under the readmission agreement in addition to refugees and IDPs.

A total of 146 municipalities and cities were involved in development of local action plans, 18 of which were municipalities in Kosovo and Metohija. The total of 124 municipalities/cities have successfully developed and adopted LAP's, 128 municipalities/cities established the Councils for

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Migration and Durable Solutions, and about 80% municipalities/cities have formed a special budget line.

In the period 2008-2012 the Commissariat has provided 5.248 durable solutions for refugees and internally displaced persons, by donating 3.469 packages of building materials, purchasing of 855 village households, donating 248 prefabricated houses, constructing of 676 housing units and donating 5.072 packages for economic empowerment. In 2012 for internally displaced Roma 35,000 euros were allocated for 25 grants for income activities and 300,000 euros for the 60 housing solutions (40 packages of construction materials, 6 village households, 8 prefabricated houses and 6 flats for social housing in a supportive environment).

Returnees under the Readmission Agreement

Unlike previous years, when the European Union programs, implemented exclusively in collaboration with implementing partners, IPA 2011 provides a separate component of the program, which is intended for the implementation of the activities envisaged by the local action plans intended for refugees, internally displaced persons and the most vulnerable returnees under the readmission agreement who live in private accommodation, and who will be implemented by local governments with direct support of the project management unit. The total value of the components of the program intended to the support of local action plans is 1.7 million euros, while cities and municipalities can apply to individual projects in the amount of 50,000 to 85,000 euros.

Problem of stateless persons, mostly Roma, Ashkali and Egyptian

National Strategy for Resolving Problems of Refugees and IDPs for the period from 2011 to 2014 envisaged provision of an appropriate solutions to improve the living conditions of the most vulnerable IDPs, in accordance with the Guiding Principles on Internal Displacement. Commissariat for Refugees and Migration, in cooperation with non-governmental organizations and through the financing of NGO's projects, provides assistance in obtaining personal documentation. The adoption of the Law on Residence and the Law on Amendments to the Law on Non-contentious Procedure is an important step in solving the problem of persons without documents.

Recent migration

Reasons for seeking asylum in EU member states are, according to the information available to the Committee for Monitoring the Visa-free Arrangement with the EU, primarily economic, and include cash benefits to asylum seekers in certain countries. Some of the activities undertaken entail:

- accelerating the work on the completion of commenced procedures concerning the signing of readmission protocols, or to initiate these procedures with countries with which we have not signed such protocols;

- the Commission initiating the implementation of joint projects with the non-governmental sector with a view to raising citizens' awareness of the consequences of abusing the right of asylum in EU member states, etc.

In November 2012, the number of asylum seekers dropped in the Federal Republic of Germany, Sweden, Luxembourg and Belgium (see below table):Countries October 2012 November 2012FR of Germany 2673 1306Sweden 520 211Luxembourg 24 2Belgium 52 32

Comparative data for 2010, 2011 and the first 10 months of 2012:Countries 2010 2011 Jan – Oct 2012

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FR of Germany 4,978 4,579 6,782Sweden 6,255 2,699 2,301Luxembourg 141 932 396Belgium 1,233 1,109 514Switzerland 910 1,217 1,615

The Commissariat for Refugees and Migration coordinates and organises primary and emergency admission of returnees, provides prerequisites for successful reintegration of returnees under readmission agreements, is in charge of returnees' primary admission activities at the readmission office at Nikola Tesla Airport, with local governments' commissioners for refugees/migration councils being involved in the entire process.

Returnees have access to the following forms of assistance at the readmission office:• information on their rights, obligations and possibilities;• advice on the modality of obtaining identity documents;• primary and emergency admission;• referral to commissioners' offices/migration councils and other local government services for

further assistance;• telephone contact with family and friends;• transportation to the adults' shelter in Belgrade, liaison with the social work centre for the

purpose of providing a transportation ticket, accommodation in emergency admission centres of the Commissariat for Refugees and Migration, which serve the purpose of accommodating the most vulnerable returnee families.

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