COUNCIL
OF
COMMITTEE OF MINISTERS
Recommendation
Rec(2005)4
of the Committee of Ministers to member states on improving the housing
conditions of Roma and Travellers in
(Adopted
by the Committee of Ministers on 23 February 2005
at the 916th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15.b
of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve
greater unity between its members and that this aim can be pursued, in
particular, by joint action in the field of social cohesion;
Recognising that
Roma/Gypsies and Travellers have been contributing to
European culture and values, just as other European people, and recognising that despite this asset, Roma/Gypsies and Travellers have been experiencing widespread discrimination
in all areas of life;
Recognising that there
is an urgent need to develop new strategies to improve the living conditions of
the Roma/Gypsy and Traveller communities all over
Europe in order to ensure that they have equality of opportunities in areas
such as civic and political participation, as well as developmental sectors,
such as housing, education, employment and health;
Bearing in mind that policies aimed at addressing the problems
faced by Roma/Gypsies and Travellers in the field of
housing should be comprehensive, based on an acknowledgement that the issue of
housing for Roma/Gypsies and Travellers has an impact
on a wide range of other elements, namely the economic, educational, social and
cultural aspects of their lives, and the fight against racism and
discrimination;
Bearing in mind the under-used potential of Roma/Gypsy and Traveller communities and their capacity to contribute to
the improvement of their own situation, especially in the field of housing;
Bearing in mind that some member states do not have, or do not
implement, a clearly defined national housing-related legislation, addressing
various practices such as housing discrimination, discriminatory harassment in
housing, discriminatory boycotts, ghettoisation,
racial and residential segregation, and other forms of discrimination against
nomadic and semi-nomadic Roma/Gypsies and Travellers,
as well as unequal housing conditions and access to housing, such as social
housing, public housing, do-it-yourself housing and cooperative housing;
Recalling the relevant international documents in the area of housing,
such as the Universal Declaration of Human Rights (Article 25.1), the
International Covenant on Economic, Social and Cultural Rights (Article 11.1),
the United Nations Habitat Agenda (adopted in Istanbul in 1996), and the
Declaration on Cities and Other Human Settlements in the New Millennium
(adopted by the Special Session of the United Nations General Assembly for an
overall review and appraisal of the implementation of the Habitat Agenda, in
New York, 6 - 8 June 2001), the Council of Europe's European Social Charter of
1961 (ETS No. 35) (Article 16), its additional Protocol of 1988 (ETS No. 128)
(Article 4), and the Revised European Social Charter of 1996 (ETS No. 163)
(Article 31);
Taking into account the Framework Convention for the Protection of
National Minorities (ETS No. 157);
Bearing in mind its Recommendation
No. R (2000) 4 on the education of Roma/Gypsy children in Europe and
its Recommendation Rec(2001)17 on improving the economic and employment situation
of Roma/Gypsies and Travellers in
Bearing in mind Parliamentary Assembly Recommendations 563 (1969)
and 1203 (1993) in which mention is made of the living conditions of
Roma/Gypsies in
Bearing in mind Resolutions 125 (1981), 16 (1995) and 249 (1993)
and Recommendation 11 (1995) of the Congress of Local and Regional Authorities
of the Council of Europe on the situation of Roma/Gypsies in
Bearing in mind General Policy Recommendation No. 3 of the
European Commission against Racism and Intolerance on combating racism and
discrimination against Roma/Gypsies in
Having welcomed with satisfaction the Policy Guidelines on Access
to Housing for Disadvantaged Categories of Persons prepared by the Group of
Specialists on Access to Housing as well as Parliamentary Assembly
Recommendation 1505 (2001) on amelioration of disadvantaged urban areas in
Europe;
Bearing in mind European Union Council Directive 2000/43/EC of 29
June 2000 on implementing the principle of equal treatment between persons
irrespective of racial or ethnic origin;
Bearing in mind that the constitutional structures, legal
traditions, and the division of responsibilities differ in Council of Europe
member states, which may lead to various ways of implementing the present
Recommendation,
Recommends that, in designing, implementing and monitoring their
housing policies, the governments of member states:
– be guided by the principles set out in the Appendix to this
Recommendation;
– bring this Recommendation to the attention of the relevant
public bodies in their respective countries through the appropriate national
channels.
Appendix to Recommendation Rec(2005)4
I. Definitions
The term “Roma” used in the present text refers to Roma/Gypsies
and Traveller communities and must be interpreted as
covering the wide diversity of groups concerned.
“Housing” in this Recommendation includes different modes of
accommodation, such as houses, caravans, mobile homes or halting sites.
The definition provided for by the United Nations Habitat Agenda
for “adequate housing”, paragraph 60, should be borne
in mind in the context of the present text: “Adequate shelter means more than a
roof over one's head. It also means adequate privacy; adequate space; physical
accessibility; adequate security; security of tenure; structural stability and
durability; adequate lighting, heating and ventilation; adequate basic
infrastructure, such as water-supply, sanitation and waste-management
facilities; suitable environmental quality and health-related factors; and
adequate and accessible location with regard to work and basic facilities: all
of which should be available at an affordable cost”.
General Comment No. 4 on the right to adequate housing of United
Nations Committee on Economic, Social and Cultural Rights should also be
recalled here.
“Transit/halting sites” indicate sites to which Travellers are admitted, pending re-housing or further
movement.
II. General principles
Integrated housing policies
1. Member states should ensure that, within the general framework
of housing policies, integrated and appropriate housing policies targeting Roma
are developed. Member states should also allocate appropriate means for the
implementation of the mentioned policies in order to support national poverty
reduction policies.
Principle of non-discrimination
2. Since Roma continue to be among the most disadvantaged
population groups in
non-discriminatory way.
Freedom of choice of lifestyle
3. Member states should affirm the right of people to pursue
sedentary or nomadic lifestyles, according to their own free choice. All
conditions necessary to pursue these lifestyles should be made available to
them by the national, regional and local authorities in accordance with the
resources available and to the rights of others and within the legal framework
relating to building, planning and access to private land.
Adequacy and affordability of housing
4. Member states should promote and protect the right to adequate
housing for all, as well as ensure equal access to adequate housing for Roma
through appropriate, proactive policies, particularly in the area of affordable
housing and service delivery.
Prevention of exclusion and the creation of
ghettos
5. In order to combat the creation of ghettos and segregation of
Roma from the majority society, member states should prevent, prohibit and,
when needed, revert any nationwide, regional, or local policies or initiatives
aimed at ensuring that Roma settle or resettle in inappropriate sites and
hazardous areas, or aimed at relegating them to such areas on account of their
ethnicity.
Participation
6. Member states should, as appropriate, provide Roma communities
and organisations with the means to participate in
the process of conceiving, designing, implementing and monitoring policies and programmes aimed at improving their housing situation.
Partnership
7. Moreover, member states should encourage and promote
empowerment and capacity-building on a wider basis among Roma communities by
fostering partnerships at local, regional and national levels, as appropriate,
in their policies aimed at addressing the housing problems facing Roma.
The member states should also ensure that members of the Roma
communities are also actively involved in this process.
Coordination
8. Member states should ensure that proper coordination is
provided in the field of housing between, on the one hand, the relevant national,
regional and local authorities and, on the other, the Roma populations and organisations who represent the majority active in this
field.
Role of regional and local
authorities
9. Member states should encourage local authorities to meet their
obligations with regard to Roma – in the same way as for any persons with the
same legal status – in the area of housing. They should encourage regional and
local authorities to ensure that area-based and local development strategies
contain concrete and clearly specific sets of objectives targeting Roma
communities and their housing needs.
III. Legal framework
Legal framework for housing rights
10. Member states should develop a comprehensive policy and legal
framework related to housing, which is necessary for sedentary and itinerant
people (in accordance with the geographical specificity) to exercise their
right to adequate housing.
Legal framework for related rights
11. Within this framework, member states should develop mechanisms
with a view to ensuring the access of Roma to related rights, such as water
supply, electricity and other forms of relevant infrastructure, such as
education, medical care, social support, etc., as enshrined and articulated in
international human rights laws and related standards.
Implementation of the legal framework
12. In order to provide equal access to housing, member states
should ensure the implementation of the aforementioned legal framework and
provide clear guidelines to the relevant authorities with regard to the exercise
of housing rights. They should also provide clear guidelines for access to and
distribution of housing and services.
The need for legal aid
13. Member states should make available to poor people free legal
aid, advice and representation related to the denial of housing rights in order
to ensure that their ability to protect their rights or seek effective remedy,
including judicial redress against denial of housing rights, is not undermined
by the lack of legal aid mechanisms.
Transparency, good governance and access to
information
14. The legal system should ensure transparency and good
governance, including the right of Roma to access information related to
housing policies and decisions of national and local authorities likely to
concern them.
Support to NGOs
15. Non-governmental Organisations
involved in Roma issues, in particular in the fields of counselling
and legal assistance, should be given fair conditions
in which to perform their activities and effective support. Member states
should also provide for the legal conditions to regulate NGOs' activities in
the field of housing.
Monitoring of housing policy implementation
16. Member states should establish appropriate monitoring mechanisms
to ensure the implementation of housing policies and practices for Roma. Roma
representatives should be involved on an equal footing in any monitoring and
evaluation process.
Control mechanisms
17. In accordance with the autonomy of regional and local
authorities, member states should make use of the legality control mechanism
referred to in paragraph 22 to make sure that regional and local authorities'
decisions do not have discriminatory effects on Roma's access to housing, or in
any way impede the enjoyment of their right to adequate housing.
IV. Preventing and combating discrimination
Adopting anti-discrimination legislation
18. Comprehensive legislation should expressly prohibit direct or
indirect discrimination on the grounds of racial and ethnic origin in
employment and access to and supply of goods and services which are available
to the public including, inter alia, housing,
land, property, education, employment, health, social services.
Monitoring and review of existing housing
legislation
19. Member states, through their relevant authorities, should
undertake a systematic review of their housing legislation, policies and
practices and remove all provisions or administrative practices that result in
direct or indirect discrimination against Roma, regardless of whether this
results from action or inaction on the part of state or non-state actors. They
should establish adequate mechanisms (for example, parliament, human rights commissions,
ombudsmen, and so on) to ensure, and promote, compliance with
anti-discrimination laws with regard to housing matters. Such mechanisms should
allow for participation of Roma representatives and NGOs at all stages of
monitoring.
Protection of the rights of Roma women
20. Member states should ensure that anti-discrimination laws
prohibit gender-based discrimination, directly or indirectly, in the supply of
goods and services, including housing. Member states should also foster housing
policies addressing the needs of Roma women, and in particular single mothers,
victims of domestic violence and other categories of disadvantaged Roma women;
the relevant authorities should ensure that access to social housing is
provided to them, taking into consideration their urgent needs. Member states
should create mechanisms that protect women's housing rights from any form of
violation.
Preventing segregation in environmentally
hazardous areas
21. Member states should take measures to combat any forms of segregation
on racial grounds in environmentally hazardous areas. This includes investing
in the development of safe locations and taking steps to ensure that Roma
communities have practical and affordable housing alternatives, so as to
discourage settlements in, near or on hazardous areas.
Providing effective sanctions
22. Member states should provide for effective, proportionate and
dissuasive sanctions on the institutions, agencies, public officials and
private persons who violate anti-discrimination laws with regard to housing.
Existing remedies should be accessible and well-publicised
and appropriate remedies should be available for victims.
V. Protection and improvement of existing
housing
Security of land, housing and property tenure
23. Member states, bearing in mind that the right to housing is a
basic human right, should ensure that Roma are protected against unlawful
eviction, harassment and other threats regardless of where they are residing.
Legalisation of Roma
settlements and encampments
24. The public authorities should make every effort to resolve the
undefined legal status of Roma settlements as a precondition for further
improvements. Where Roma camp illegally, public authorities should use a
proportionate response. This may be through negotiation or the use of legal
action. However, they should seek, where possible, solutions, which are
acceptable for all parties in order to avoid Roma from being excluded from
access to services and amenities to which they are entitled as citizens of the
state where they live.
Access to property
25. Member states, through their relevant authorities, should
ensure equal opportunity for Roma to acquire the ownership of the land on which
they currently live, and an access to the information on the possibilities of
doing so. Adequate alternatives should be provided in situations where this is
not possible.
Legal protection from unlawful evictions and the
procedure for legal evictions
26. Member states should establish a legal framework that conforms
with international human rights standards, to ensure effective protection
against unlawful forced and collective evictions and to control strictly the
circumstances in which legal evictions may be carried out. In the case of
lawful evictions, Roma must be provided with appropriate alternative
accommodation, if needed, except in cases of force majeure.
Legislation should also strictly define the procedures for legal eviction, and
such legislation should comply with international human rights standards and
principles, including those articulated in General Comment No. 7 on forced
evictions of the United Nations Committee on Economic, Social and Cultural
rights. Such measures shall include consultation with the community or
individual concerned, reasonable notice, provision of information, a guarantee
that the eviction will be carried out in a reasonable manner, effective legal
remedies and free or low cost legal assistance for the persons concerned. The
alternative housing should not result in further segregation.
Provision of adequate services
27. Member states, through their relevant authorities, should
provide the same adequate level of services to Roma settlements and camp sites
as to other groups of the population, while keeping in mind the need for
sustainable solutions. Moreover, authorities should be aware that, beyond the
delivery of adequate services, they should act so as to improve the overall
quality of life in Roma settlements and camp sites by promoting better
management of daily life, that is: area-based administrative, commercial,
social and sanitary services, public transportation, refuse disposal, the
upkeep of public apartments, buildings or camp sites and their surroundings,
adequate management of neighbourhood conflicts and of
problems linked to non-payment of rents and services, and so on.
VI. Framework for housing policies
Policies to promote access to housing
28. The member states should make the improvement of Roma housing
conditions one of their priority areas for action. They should promote equal
opportunities for Roma as regards access to the private or public property
markets, particularly through non-discriminatory policies and criteria for the
allocation of housing, and through a legal and political framework that is
consistent nationwide and is binding on local authorities, since they have
prime responsibility for housing issues.
Comprehensive and integrated housing policies
29. Member states, taking into account the potentially synergetic
links between housing policies and other socially-oriented policies concerning
access to welfare, employment, health and education, should encourage public
authorities, at all levels, to adopt comprehensive approaches and policies.
Participation in the preparation of housing
policies
30. Roma should be involved as early as possible in the process of
planning and setting up of their future settlement areas or permanent housing
units, so as to assess as precisely as possible what their particular needs
are, or will be, in the future. Member states should also ensure that Roma
residing on their territory – whether sedentary, nomadic or semi-nomadic – are
given an appropriate assistance to define their specific needs in terms of
housing, as well as access to appropriate welfare and social services (health,
education, employment, culture, and so on).
The need for adequate housing models
31. Bearing in mind the diversity of national, regional and local
situations, member states should provide for adequate housing models, through
national legislations, policies or strategies. Provision should also be made
for Roma to be able to acquire their own accommodation by different means,
forms and methods of access to housing, such as social housing, cooperatives,
do-it-yourself housing, public housing, caravans and other innovative forms of
housing. All the relevant elements to the housing models mentioned (financial,
social and other) should be carefully defined.
Housing policy adapted to specific situations
32. Member states should develop and implement programmes
and projects that are tailored to the specific situations of the diverse Roma
communities. Such programmes and policies should
include the building or development of the entire physical and social infrastructure
that is needed for adequate and sustainable housing.
Providing equipped transit/halting sites
33. Member states should ensure that an adequate number of
transit/halting sites are provided to nomadic and semi-nomadic Roma. These
transit/halting sites should be adequately equipped with necessary facilities
including water, electricity, sanitation and refuse collection. The physical
borders or fences should not harm the dignity of the persons and their freedom
of movement.
Access to health and sanitary services
34. Nomadic or semi-nomadic groups should be provided access to
proper and adequate sanitary conditions as well as easier access to existing
health infrastructures and services (especially in emergency situations, and as
part of preventive health campaigns). Roma who are permanently and legally
settled in derelict or unhealthy surroundings should receive assistance in
order to improve the sanitary conditions of their homes (help for repairs,
assistance in improving their living conditions and environment, measures to
allow them better access to short-term loans for acquiring better housing,
mediation in their relations with administrations or public services).
Role of regional and local authorities
35. Member states should make sure that local and regional
authorities meet their obligations with regard to Roma, even when the latter do
not reside permanently on a given territory. Local government agencies should
be educated in the area of non-discrimination and should be held accountable by
the state for discriminatory practices and policies in the field of housing.
International relief
36. When they are unable to carry out their obligations in the
field of housing, member states should accept international relief assistance
for the benefit of Roma. Member states should pay particular attention to
international assistance projects or programmes so as
to ensure a high level of cooperation, transparency and closer cooperation with
local partners.
Awareness-raising
37. Member states should launch and encourage local authorities
and Non-governmental Organisations active in the
field of housing to launch awareness-raising campaigns on the rights of Roma to
equal access to the housing market and information campaigns for the Roma
communities on their rights to adequate housing. National campaigns on secure
tenure promoted by the national committees on implementation of the United
Nations Habitat Agenda, as adopted and ratified by member states at the Habitat
II Conference, could be an adequate framework for such awareness-raising
campaigns.
Employment initiatives and construction
38. Member states should encourage employment initiatives at local
level inter alia by providing incentives for
Roma to participate in the entire process of renovation/construction works of
their future homes. This would contribute to improving their economic
situation, help to give them better access to funding for their projects, both
individual and collective, help to mitigate their feeling of precariousness and
rejection, and foster a sense of ownership. This would also provide Roma with
new competences that would allow them to explore new vocational avenues and
would leave them less vulnerable to unemployment.
Statistical data-base and housing policy
indicators
39. As a preliminary tool for policy development, in order to
better assess the actual situation of disadvantaged categories of persons as
regards housing, member states should ensure that the relevant national public
authorities gather statistical data on a regular basis in accordance with, and
in the spirit of, international and national norms in the field of personal
data protection. They should also establish indicators for measuring the
achievement of policy objectives over time. Member states which regularly
collect Habitat housing indicators should also apply this to Roma housing.
VII. Financing of housing
Sustainability of financial resources
40. Member states should acknowledge that successful social
cohesion policies require proper funding and assistance, continuous commitment
and a long-term approach. Moreover, it should be borne in mind that solutions
to such a wide array of different issues and problems will necessarily have to
be implemented in a flexible manner. Suitable and proper access to funding and
to means of fostering stability and security (including, but not restricted to,
access to property) are central to any long-term action in this field.
Financing housing projects from various sources
41. Member states should ensure that housing-related projects are
financed from national public budgets as well as from a variety of sources
(private donors and international financial institutions) and be administered
through a network of partners, at local, regional, national and transfrontier level. Since the implementing period of
housing projects is quite long, these projects should be accurately planned in
terms of financing and works so as not to raise false expectations among the
populations concerned. In addition, since these are mainly area- and
community-based projects, it is of the utmost importance that local networks
and partnerships be built and fostered.
Integrated funding
42. Since housing projects are part of wider-based,
further-reaching policies, member states, through their relevant authorities,
should approach the financing of such projects in a comprehensive manner that
takes into account aspects such as physical and health infrastructures, social
cohesion needs and potential initiatives, culture, education, or employment
opportunities.
International support for Roma housing
43. Member states should be encouraged to make use of the
possibilities, including loans offered by international financial institutions in
favour of Roma housing projects. They should also
make use of the expertise of international financial institutions that have
gained extensive knowledge in managing this kind of integrated project in many
parts of the world, among them the Council of Europe Development Bank, whose
mandate includes operating in areas such as housing of disadvantaged population
groups in
Access to funding possibilities to acquire
housing
44. Member states should develop adequate financial structures
that provide for easier access to available sources of funding for housing, in
cooperation with international financial institutions if necessary. Member
states, through their relevant authorities, should also consider appropriate
mechanisms to enable nomadic and semi-nomadic people to acquire caravans or
mobile homes through low interest loans or other financial schemes, which do
not put them at a disadvantage with regard to possibilities offered to
sedentary people.
Funding infrastructure and services
45. Member states should ensure that local authorities and
financial institutions provide funding for accompanying measures aiming at
developing or building basic infrastructures and services and enhancing the
quality of life of Roma in general, in order to improve the daily management of
settlements or sites and to strengthen the overall social cohesion.
Specific budgetary provisions
46. Competent bodies of member states should allocate specific
financial means to serve as an incentive for positive action on the part of the
responsible authorities, such as development of field work, inclusion of the
issue of Roma housing in land-use plans, access to expert advice and mediation
for municipalities concerned, and so on.
VIII. Housing standards
Adequate housing as a basis for all housing
standards
47. Member states should regulate and implement in practice, the
concept of “adequate housing” as defined in Paragraph 60 of the United Nations
Habitat Agenda, and General Comments Nos. 4 and 7 of the United Nations
Committee on Economic, Social and Cultural Rights, bearing in mind the human
rights dimension, economic conditions both locally and in the country as a
whole, and related social and cultural elements. This concept should be defined
so as to apply to all citizens, including Roma. The definition of “adequate
housing” should form the basis for all other housing standards.
Standard for housing location and surroundings
48. Member states, through their relevant authorities, should
ensure that Roma housing is located in areas that are fit for habitation or
suitable for construction under current legislation, and in ecologically
healthy surroundings. Moreover, they should adopt measures that would enable
Roma communities to react to unexpected events, such as natural disasters or
epidemics, which often disproportionately affect vulnerable groups living in
precarious settlements. The existing settlements which cannot be removed from
unsuitable locations should be improved by appropriate and constructive
environmental measures.
Legal standards for public and social services
49. Legal standards applying to public services – water,
electricity, street cleaning, sewage systems, refuse disposal, and so on –
should equally apply to Roma settlements and camp sites. Public transportation
should be a part of area-based facilities. The authorities should also make
sure that public services, such as health care facilities, access to education,
police stations, post and telecommunication offices, are available in these
areas. Authorities should pay specific attention to the physical distance between
Roma settlements and camp sites and schools, as it is an important factor in
fighting against the creation of ghettos.
The need for non-discriminatory security
standards
50. The Roma housing environment should not be worse than, or
inferior, to the housing areas, settlements and towns of the majority
population. The standards used in supplying settlements and building apartments
should not discriminate against Roma in any way.
Minimum construction standards
51. The quality of the material (built-in and permanently visible
parts of the apartments and houses, such as joinery, wall and floor coatings,
installations, sanitary fixtures, technical equipment, and so on) depends
directly on the economic possibilities of the tenants, on community funds, and
ultimately on the economic situation of society as a whole. Member states
should therefore ensure that minimum construction standards exist, guaranteeing
a healthy life, balanced family relations and proper conditions for children,
and good neighbourhood relations.
Standards for adaptability and enhancement of
housing
52. The apartment surface area should correspond to the number of
tenants, while bearing in mind normal human adjustment to the spatial
framework. Since families are dynamic – an increasing number of members,
changes in economic possibilities and cultural needs, changes in vital needs
and the development of aspirations – the architectural and legal solutions
should make it possible to follow these dynamics by facilitating extensions to,
and improving the interior properties of, apartments. Even when apartments are
built with less surface area than average, they should be designed in advance
for extension and enhancement. Standards regarding the adaptability of
structure and surface size should be introduced, providing the technical
possibilities for poor families to start with modest
housing that they can expand and enhance later on.