False starts:
The exclusion of Romani children from primary
education in
"We still have insufficient consciousness on importance of education
within the Roma population. They treat it in a ‘liberal’ way – you can go to
school, you cannot go to school, you do not have to go to school".
"When something is wrong in the school it is always the Roma’s
fault". "The teacher tells me off when I speak my language".
"Teachers do not even want to hear our songs".
Romani children at an elementary school in
"Romani children, they are not interested in physics or mathematics.
They may learn Spanish, because they watch a lot of telenovelas".
An elementary school teacher,
Introduction
In countries across
Education is not only a right in itself, but is indispensable to realizing
other human rights.(2) Romani communities have remained among the poorest in
Europe, disadvantaged in their access to a range of civil and political, as
well as economic, social and cultural, rights. Segregation and discrimination
have forced many to live on the margins of society, in some cases in desolate
settlements or slums lacking basic infrastructure and services. In many
countries, Roma are among the main victims of ill-treatment by the police, as
well as of racially motivated violence by private individuals or groups. Too
frequently, they are denied justice for the human rights violations against
them.
This report focuses on the lack of access to primary education in three
countries:
Extreme poverty denies most Romani children the full advantages of education.
Free meals, textbooks and transportation are sometimes provided. Yet too
frequently children cannot overcome the obstacles of excessive distances
between Romani settlements and schools or the lack of warm clothing in winter.
Children are unable to study or do homework in cold, often overcrowded homes.
As members of the Romani community in
Tackling these barriers to education is the responsibility of the governments
of
Negative stereotypes about the Roma’s "way of life" or attitude
towards education are often used to explain poor school attendance rates and
low school grades. Yet many Romani activists, parents and children in the countries
covered by this report are only too aware of the importance of improving
educational levels. They are seeking recognition that racial discrimination,
the general denial of economic, social and cultural rights, and the resulting
low levels of educational attainment of Romani parents are condemning yet
another generation of children to exclusion from education. Some Romani
families are reluctant to send their children to schools where Roma are
segregated or harassed, or where the Romani language, culture and traditions
are virtually absent. As recognized by many Romani activists, some Roma, as a
result of their own marginalization and low educational level, may be less
active in promoting their children’s inclusion in primary education.
Information in this report, much of it from organizations active in promoting
the inclusion of Roma in education, reflects research conducted in
Contacts with Romani organizations and communities have been of particular
importance in shaping Amnesty International’s recommendations in the report,
which seek to reflect the experiences and needs of members of Romani
communities as well as international human rights standards. Amnesty
International is calling on the authorities in
If implemented, these recommendations would promote the inclusion of Romani
children in education and would mark significant progress in the enjoyment of
human rights by Romani communities.
Historical context
Roma have lived for centuries in the area corresponding to the former
In the Socialist Federal Republic of Yugoslavia (SFRY), policies towards
minority(6) Romani populations were less repressive than in other communist
countries where they were subjected to forced settlement and assimilation. By
1973 an estimated 200 Roma worked as qualified professionals in the country.(7)
Especially during and after the 1970s, Romani literary, musical and other
cultural expressions were encouraged, and they were viewed favourably in comparison
with those considered as separatist or hegemonic nationalist manifestations
emerging elsewhere in the SFRY.(8) From 1981, Roma were officially recognized
as a "nationality" (narodnost), a status lower than that of
"nation" (narod) accorded to the main ethnic groups of the six
SFRY constituent republics (BiH, Croatia, Macedonia, Montenegro, Serbia and
Slovenia). In the 1980s, Romani language radio programmes were introduced in
Serbia and a few hours a week of teaching in Romani language was offered in primary
schools in Tetovo (a city in today’s Macedonia) and in Kosovo.(9) Roma
nevertheless remained among the poorest sectors of the population. As a result,
many moved from areas in the south of the SFRY to the richer north, or
emigrated to other European countries to find better economic opportunities.
Growing nationalism and ethnic tensions during the 1980s and 1990s saw an
increase in racist acts against members of Romani communities.(10) During the
wars that accompanied the violent dissolution of the SFRY, Roma suffered human
rights violations and abuses at the hands of the warring parties involved in
the conflict. These included killings, enforced disappearances, abductions,
torture, crimes of sexual violence, unlawful detentions, forcible displacement
and plunder of property.
1. The right to education
The right to education is recognized in international and regional human rights
standards and treaties, many of which are legally binding on
International human rights law
The right to education is recognized in the 1948 Universal Declaration of Human
Rights (UDHR) and is enshrined in binding international treaties to which BiH,
Croatia and Slovenia are party, including the:
Under the ICESCR, states
are required to achieve progressively the full realization of the rights
according to the maximum of available resources (progressive realization).
Appropriate means include the introduction and implementation of legislative
measures (Article 2[1]), as well as social reforms, action plans and oversight
mechanisms.(16) The UN Committee on Economic, Social and Cultural Rights
(CESCR), a body of independent experts which reviews states’ compliance with
their obligations under the Covenant, has clarified that – in addition to the
duty to take concrete, deliberate and targeted steps towards progressive
realization – states also have immediate obligations to ensure the realization
of the right to education. These immediate obligations include a duty to
ensure: free and compulsory education for all children; freedom from
discrimination in access to education; and that educational content conforms to
the aims of education as established under human rights law.(17)
Governmental obligations related to the right to education can be framed
according to the four "As": availability, accessibility,
acceptability, adaptability.(18)
|
Availability |
Primary education must be compulsory and
free for all. Functioning educational institutions and programmes have to be
available in sufficient quantity. |
|
Accessibility |
Education must be accessible to all,
especially the most vulnerable groups, in law and fact, without
discrimination. |
|
Acceptability |
The form and substance of education,
including curricula and teaching methods, have to be acceptable (e.g.
relevant, culturally appropriate and of good quality). |
|
Adaptability |
Education has to adapt to the needs of
students within their diverse social and cultural settings. Measures should
be taken which would enhance the ability of children to access and benefit
from education. |
Availability
All states parties to the ICESCR recognize that "primary education shall
be compulsory and available free to all" (Article 13[2.a]). This is an
immediate obligation, requiring states that have not been able to achieve this
at the time of ratifying the Covenant to develop a detailed plan to do so
within a reasonable number of years (Article 14). The CRC also recognizes this
right (Article 28[1.a]).
The compulsory nature of primary education has been clarified as follows:
"neither parents,
nor guardians, nor the State are entitled to treat as optional the decision as
to whether the child should have access to primary education…It should be
emphasized, however, that the education offered must be adequate in quality,
relevant to the child and must promote the realization of the child’s other
rights".(19)
This makes clear that the compulsory nature of primary
education includes an obligation on the state to ensure that education adapts
to the child, including that it respect the rights of children belonging to
minorities. The CRC places further emphasis on the obligation of the state to
ensure that education which is available adapts to the rights of the individual
to encourage attendance.(20)
Accessibility
Non-discrimination is a fundamental principle in all international treaties
which guarantee the right to education.(21) The ICESCR, for example, stipulates
that states must ensure that rights can be exercised without discrimination of
any kind as to race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status (Article
2[2]). This extends to the whole population, irrespective of citizenship or
other status, an obligation that is of immediate effect:(22)
"The prohibition
against discrimination enshrined in article 2 (2) of the Covenant is subject to
neither progressive realization nor the availability of resources; it applies
fully and immediately to all aspects of education and encompasses all
internationally prohibited grounds of discrimination".
With regard to the right to education, this means that
education must be "accessible to all, especially the most vulnerable
groups, in law and fact, without discrimination on any of the prohibited
grounds".(23) A mere legal prohibition of discrimination is therefore
inadequate. Under this requirement, states parties should identify and address
factors which prevent Roma children from accessing education.
This is also reflected in the Convention against Racial Discrimination, which
requires states not only to prohibit discrimination but to take steps to
progressively eliminate racial discrimination in all its forms, including in
respect of "the right to education and training" (Article 5). The UN
Committee on the Elimination of Racial Discrimination (CERD), which monitors
states’ compliance with Convention obligations, has recommended that states
take measures:(24)
"to support the
inclusion in the school system of all children of Roma origin and to act to
reduce drop-out rates, in particular among Roma girls, and, for these purposes,
to cooperate actively with Roma parents, associations and local
communities"
and
"to prevent and
avoid as much as possible the segregation of Roma students, while keeping open
the possibility for bilingual or mother-tongue tuition; to this end, to
endeavour to raise the quality of education in all schools and the level of
achievement in schools by the minority community, to recruit school personnel
from among members of Roma communities and to promote intercultural
education".
International human rights law reflects the famous
principle stated by the US Supreme Court that "separate education
facilities are inherently unequal".(25) The UN Educational, Scientific and
Cultural Organization (UNESCO) Convention against Discrimination in Education
defines discrimination as:
"any distinction,
exclusion, limitation or preference which, being based on race, colour, sex,
language, religion, political or other opinion, national or social origin,
economic condition or birth, has the purpose or effect of nullifying or
impairing equality of treatment in education and in particular:
a) Of depriving any person or group of persons of access to education of any
type or at any level;
b) Of limiting any person or group of persons to education of an inferior
standard;
c) Subject to the provisions of Article 2 of this Convention, of
establishing or maintaining separate educational systems or institutions for
persons or groups of persons; or
d) Of inflicting on any person or group of persons conditions which are
in-compatible with the dignity of man".(26)
It also requires states parties to develop and apply a
national policy to promote equality of opportunity and treatment in education
(Article 4). BiH, Croatia and Slovenia are party to the Convention.(27)
Acceptability
Education can play a key role in the realization of a range of other human
rights, including the right to work and the achievement of equality for members
of previously marginalized groups. However, in order to fulfil this role,
education policy and practice has to conform with human rights standards.
Firstly, everyone has a right to an education from which they can benefit.(28)
Secondly, no one, through direct or indirect discrimination on the basis of
their ethnicity, should be relegated to an inferior education (see above).
Finally, according to the UDHR, the ICESCR, and the CRC, the content of
education has to comply with human rights.(29) Education should promote
understanding among all ethnic, national, racial and religious groups.(30) It
should be culturally appropriate in both its form and substance, including
curricula and teaching methods.(31) It should be directed towards developing
respect for the child’s cultural identity, language and values.(32) This
requires that states review educational curricula, content and methods to
ensure that they respect the rights of the whole population, including those
belonging to minorities.
BiH, Croatia and Slovenia are states parties to the Council of Europe Framework
Convention for the Protection of National Minorities (FCNM).(33) They are
required to "take measures in the fields of education and research to
foster knowledge of the culture, history, language and religion of their
national minorities and of the majority".(34) They should also provide
access to textbooks and adequate opportunities for teacher training which
promotes the respect for the principles above, and should facilitate contacts
among students and teachers of different communities.
With respect to their enjoyment of minority rights, Romani communities are at
more of a disadvantage than other ethnic groups because they do not have a
"kin-state" supporting them.(35) In such circumstances, the Advisory
Committee on the FCNM has concluded that the responsibility to ensure adequacy
of support for minorities which do not have a "kin-state" is greater
on the state where the minority members live.(36)
Adaptability
Primary education should be compulsory. It is therefore crucial to ensure that
it is in children’s best interests that they attend compulsory education. A
foundational principle of the CRC is that the "best interests of the
child" shall be a primary consideration in all actions concerning children
(including education).(37) It is clear that the state’s duty to take steps to
encourage attendance and reduce drop-out rates in education must include the
duty to ensure that the education available respects children’s rights,
including their rights as members of a minority. Linguistic rights of
minorities should also be protected in education.(38)
According to the Convention against Racial Discrimination, states must, where
warranted, adopt special measures "to ensure the adequate development and
protection of certain racial groups or individuals belonging to them, for the
purpose of guaranteeing them the full and equal enjoyment of human rights and
fundamental freedoms".(39) This is also reflected in the FCNM, according
to which states should "adopt, where necessary, adequate measures in order
to promote, in all areas of economic, social, political and cultural life, full
and effective equality between persons belonging to a national minority and
those belonging to the majority", including to promote access to education
at all levels for minorities.(40)
To ensure the educational rights of minorities, it is therefore necessary to
work with those communities to identify measures which would enhance the
ability of children to access and benefit from education. Such steps may
include pre-school classes to ease access to primary education, outreach to
communities to promote attendance at education, tutorial support in school to
facilitate learning together with other children, and other measures which
could be identified through the genuine participation of minority communities.
European Union law and benchmarks
The EU’s "Copenhagen criteria" require that institutions in candidate
countries guarantee democracy, the rule of law, human rights and respect for
and protection of minorities.(41)
The Treaty of Amsterdam, which came into force on 1 May 1999, amended the
Treaty Establishing the European Community, enabling the European Council to
take appropriate action to combat discrimination based on sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation. In June 2000
the European Council enacted a directive implementing the principle of equal
treatment irrespective of racial and ethnic origin (the so-called "Race
Directive").(42) The directive prohibits direct discrimination, as well as
indirect discrimination
"where an
apparently neutral provision, criterion or practice would put persons of a
racial or ethnic origin at a particular disadvantage compared with other
persons, unless that provision, criterion or practice is objectively justified
by a legitimate aim and the means of achieving that aim are appropriate and
necessary". (Article 2[2b])
It explicitly applies to education (Article 3).
The EU Charter of Fundamental Rights, which was solemnly proclaimed in December
2000 but is not yet legally binding, is a new step forward in the protection
from discrimination. It prohibits "Any discrimination based on any ground
such as sex, race, colour, ethnic or social origin, genetic features, language,
religion or belief, political or other opinion, membership of a national
minority, property, birth, disability, age or sexual orientation" (Article
21[1]).
2.
Roma have been living on the territory of today’s BiH for centuries. Their
presence is documented in official records dating back to the 16th century,
when the Ottoman authorities regulated the status of the Roma and granted them
permission to settle and to cultivate land.(43)
During the Second World War territories in present-day BiH came under the
control of the Nazi-sponsored Independent State of Croatia and Roma were
victims of racial persecution at the hands of the ustaša regime (see
Croatia below). The current population of Roma in BiH also reflects migration
for economic reasons during the 1970s and 1980s from poorer parts of the SFRY,
especially Kosovo, to present-day BiH.(44)
During the 1992-95 war(45) members of Romani communities suffered human rights
violations and abuses at the hands of all the warring parties although they
were particularly targeted in certain areas under Bosnian Serb control. These
included killings, enforced disappearances, abductions, torture, crimes of
sexual violence, unlawful detentions, forcible displacement and plunder of
property. Roma were recruited into the various fighting forces, in some cases
reportedly abducted and forced to serve as slave-labourers or "disposable
men to be sacrificed at the front line".(46)
The 1991 census, which contains the latest official data on Roma in BiH,
recorded fewer than 9,000 people declaring themselves as Roma. The figure
almost certainly underestimates the true number of Roma in pre-war BiH. The
Council of Europe put the numbers at around 50-60,000.(47) Estimates of the
current population vary. The first Opinion on BiH of the Advisory Committee on
the FCNM, published in 2004, states that according to the authorities at least
20,000 Roma live in BiH and "[o]ther estimates suggest that Roma might be
more numerous, ranging from 30,000 to 50,000 or even more".(48) The
Organization for Security and Co-operation in Europe (OSCE) Mission to BiH
estimates that there are between 30,000 to 60,000 Roma in the country.(49)
Romani non-governmental organizations (NGOs) quote figures of between 75,000
and 100,000.(50)
Before the war the majority of the Roma in today’s BiH are believed to have
been living in territory now in the Republika Srpska (RS), one of two
semi-autonomous entities that make up BiH. War-time forcible displacement
reduced the number of Roma in the RS, reportedly to fewer than 10,000. In the
other semi-autonomous entity, the Federation of Bosnia and Herzegovina
(FBiH),(51) the biggest Romani communities are in the Tuzla Canton; these
include many Roma displaced from the RS. Other areas with significant Romani
presence in the FBiH are the Sarajevo and Zenica-Doboj Cantons.(52)
Approximately 600 Roma refugees from Kosovo are officially registered in BiH
and have been granted temporary admission until December 2006, when they are
expected to undergo individual status determinations.
Romani is the first language of most Roma in BiH, although the proportion of
Romani speakers among the younger generation is reportedly decreasing. There
are regional differences. A survey in BiH has shown that in the Tuzla,
Bijeljina and Brčko areas Roma are more likely to speak Romani language. Only
one third of Roma in the Travnik area declare Romani as their first language
and almost half of Roma in Sarajevo stated that they did not speak it at
all.(53)
Roma have continued to face problems in returning to areas from which they were
displaced during the war, including as a result of discrimination. Their
extreme poverty and lack of access to economic, social and cultural rights have
resulted in limited access to reparation or general assistance in the post-war
period. They are caught in a vicious circle, in which their pre-war
marginalization increases their vulnerability to the conflict’s negative
socio-economic consequences. This is probably most evident in access to housing
rights, although the situation has been gradually improving. Roma who lived in
informal settlements before the war have faced difficulties in returning to
their properties and, where necessary, reconstructing them.(54) Sometimes they
could not prove ownership or did not have building permits, being thus excluded
from access to reconstruction assistance. In general, they have been victims of
discrimination by local authorities when trying to repossess their properties.
In its 2004 report on BiH, the European Commission against Racism and
Intolerance (ECRI) noted:
"Furthermore, many
of the Roma who used to live in informal settlements before the war have been
unable to return there, as such settlements had been destroyed and no
alternative provision of accommodation has been made. Those Roma who could
claim repossession of personal property are also reported to have experienced
serious difficulties and, often, discrimination by the authorities and by other
citizens. There are reports, for instance, that local authorities have often
obstructed Roma repossession claims on grounds that temporary occupants of
their property had nowhere to go. In cases where Roma were successful in
establishing their claims, the authorities have often reportedly been slow in
removing occupants and, in some cases, Roma have had to pay temporary occupants
in order to have them leave their property.
Temporary occupants are also reported to have looted or vandalized Roma
property before leaving, without the authorities taking action to punish the
perpetrators".(55)
The problems Roma face as a consequence of the war,
including their continuing displacement, are added to the human rights
consequences of their marginalization, which negatively affects them in BiH, as
elsewhere in Europe. In many cases, their lack of citizenship or personal
documents has posed further obstacles to the full realization of their
rights.(56) While a problem in the past, lack of personal documents does not
appear to be a significant impediment to school attendance as most primary
school are now reported as accepting as well children with no documents. Indira
Bajramović, president of a Tuzla Romani organization, told Amnesty
International that to her knowledge no school in the Tuzla Canton was refusing
to enrol Romani pupils because they lacked personal documents.(57) However,
lack of documents and registration continues indirectly to limit access to
education because the social services and other authorities are not aware of
the existence of Romani children of school age (see below).
A significant proportion of Roma in BiH continue to live in informal
settlements, often built without the necessary permits. They lack security of
tenure and have little if any access to essential services. An OSCE report on
Romani informal settlements noted that, "In BiH, the availability of
services such as water, electricity, telephone and sanitation in informal settlements
is usually minimal given that prevailing laws require houses to be registered
legally in order to qualify for such services".(58) The report further
notes that informal settlements often do not meet minimal standards of
habitability, and that most houses do not provide adequate shelter, sufficient
space for occupants or a healthy living environment.(59)
The poverty rate for Roma in BiH is significantly higher than for the rest of
the population. The UN Development Programme (UNDP) estimates that 26 per cent
of Roma in BiH are poor, compared to 3 per cent of the rest of the
population.(60) A weak economy and the difficulties of economic transition and
post-war reconstruction make jobs scarce, in many areas for the entire
population.(61) Members of Romani communities are even less likely to find
employment because of discrimination as well as lack of educational
qualifications. Estimates based on the number of Roma receiving social
assistance suggest that approximately 70 per cent of Roma in BiH are unemployed.(62)
Other sources report that as few as 2 per cent of Roma are employed.(63) Romani
women face particular difficulties in the BiH labour market. In a recent poll
of 197 Romani women, only 10 were employed and of those only three had a
permanent job.(64)
Caption
The office of the association Romano Centro, in Zenica (BiH), where activities
for Romani
children are organized. © Amnesty International.
Legal framework and national plans for Roma inclusion
Annex 4 of the 1995 General Framework Agreement for Peace in Bosnia and
Herzegovina (Dayton Agreement), which forms the BiH Constitution, mentions in
its preamble Bosniaks, Croats, Serbs and Others as the constituent peoples of
BiH, but makes no explicit reference to Roma. Article II[4] contains a provision
on non-discrimination on the basis of "sex, race, colour, language,
religion, political or other opinion, national or social origin, association
with a national minority, property, birth or other status".
Annex 6 of the Dayton Agreement, the Agreement on Human Rights, committed the
parties to guaranteeing to secure:
"to all persons
within their jurisdiction the highest level of internationally recognized human
rights and fundamental freedoms, including the rights and freedoms provided in
the European Convention for the Protection of Human Rights and Fundamental
Freedoms and its Protocols and the other international agreements listed in the
Appendix to this Annex".(65) (Article I)
Many of these instruments explicitly guarantee the
right to be free from discrimination.
However, Roma face barriers in accessing political and other rights as a direct
result of not being one of the three constituent peoples of BiH. As the
European Roma Rights Centre (ERRC) has reported, "Bosnia and Herzegovina
is the only country in Europe in which Roma are barred by law from holding high
political offices, including the Presidency".(66)
The 2003 Law on the Protection of Members of National Minorities (Zakon o
zaštiti prava pripadnika nacionalnih manjina) defines members of national
minorities as citizens of BiH who are not members of the three constituent
peoples and who have the same ethnic origin, the same or similar traditions,
customs, faith, language, culture and spirituality and close or related history
and other features (Article 3). Article 3 also presents a non-exhaustive list
of 17 national minorities, including Roma, who fall within the scope of the
law. With regard to the fact that the Law on the Protection of Members of
National Minorities only includes BiH citizens in its definition of minority,
the Advisory Committee on the FCNM noted that, in applying the FCNM, it would
be possible to consider including other groups as appropriate, such as
citizens, and took the view that "the authorities should consider this
issue in consultation with those concerned".(67)
The Law on the Protection of Members of National Minorities, as amended in
2005, provides that members of national minorities can study language,
literature, history and culture also in their language (Article 14). The
authorities are obliged to provide education in the language of the national
minority in schools where the minority constitutes at least one third of the
school population. Where it constitutes a fifth, the authorities must provide
additional classes on the language and culture of that minority. The law
requires the relevant educational authorities to provide the necessary
financial resources for the education of members of national minorities,
including for education in their language and the printing of textbooks
(Article 14[3]). However, it fails to identify clear roles and responsibilities
with respect to the funding of minority education. This, in conjunction with
the considerable autonomy in the provision of education enjoyed by the RS and
FBiH, and in the FBiH by its 10 autonomous cantons, can lead to lack of clarity
on the provision and financing of education for minorities.
The right to education is included in the Constitution of BiH among the rights
that "all persons within the territory of Bosnia and Herzegovina"
shall enjoy (Article II[3.l]). The BiH Framework Law on Elementary and
Secondary Education in Bosnia and Herzegovina (Okvirni zakon o osnovnom i
srednjem obrazovanju u Bosni i Hercegovini) sets the general principles on the
provision of education in Bosnia and Herzegovina, a matter that, as just
mentioned, is otherwise regulated at the level of the two entities. In the
FBiH, responsibility for primary education is further devolved to the 10
autonomous cantons, each having its own Ministry of Education. Moreover, the
Brčko District has its own educational authority. Such a complex arrangement
has caused several problems in the implementation of educational reform,
especially in harmonizing lower level legislation with legislation adopted at
the state level.(68)
The Framework Law on Elementary and Secondary Education in Bosnia and
Herzegovina enshrines the right of every child to have access to adequate
education, without discrimination (Article 4). It prohibits discrimination by
schools in children’s access to education, or in their participation in the
educational process on the basis of race, colour, gender, language, religion,
political or other belief, national or social origin, on the basis of special
needs status, or on any other basis (Article 35). It stipulates that:
"The language and
culture of any significant minority in Bosnia and Herzegovina shall be
respected and incorporated in the school to the greatest feasible extent, in
accordance with the Framework Convention for the Protection of National
Minorities". (Article 8)
The law also includes the principle of free and
compulsory elementary education for all children, which must continue for a
period not shorter than eight years (Article 16). It requires the relevant
authorities to take necessary measures to ensure free access and participation
in compulsory education for all pupils, especially in the provision of free
textbooks, handbooks and other teaching material (Article 18). Article 15
provides that pre-school education be regulated in detail in entity, canton,
and Brčko District legislation.
In February 2004 the FBiH and RS Ministries of Education, and the 10 education
ministries at the cantonal level, formally accepted the obligations set out in
an Action Plan on the Educational Needs of Roma and Members of Other National
Minorities in Bosnia and Herzegovina (BiH Action Plan). The OSCE Mission to BiH
played an important role in its drafting and adoption. If implemented, the Plan
would be an important step in promoting the inclusion of Romani children in
education.
Out of 24 members of the task force which drafted it, two represented Romani
communities, one as a member of the BiH Roma Council, an umbrella organization
representing Romani communities, and a second as a representative of a Romani
organization from Tuzla.(69) A number of Romani representatives were also
included in the Roma Education Board, which provided input, specifically on
access to education for Roma. However, consultation with Romani communities, in
particular parents of school-aged children, appears to have been limited, and
in some schools and among Roma there appears to be insufficient awareness of
the Plan’s existence or proposals.(70)
The first part of the BiH Action Plan is fully devoted to the educational needs
of Roma and its five main goals are:
To achieve these valuable goals the BiH Action Plan
identifies a number of special measures which inter alia include the
provision of free textbooks, meals, transportation to school and other services
to Romani children; the creation of catch-up classes for children who had never
attended school; the inclusion of Romani children in pre-school programmes; the
elimination of barriers to enrolment due to lack of documents/registration; the
introduction of Romani language as an optional subject in schools attended by
Roma; the development of curriculum resources to enable teachers to teach
Romani language and culture and to promote best practice in the inclusion of
Romani children in education; the increase in the number of mediators and
Romani teachers;(72) the establishment, in areas with a large Romani
population, of positions for Romani teaching assistants; the carrying out by
the relevant authorities of relevant field visits to Romani communities,
including to proactively identify Roma who have never enrolled in or completed
school.(73)
The BiH Action Plan also envisages the creation of a Council for National
Minorities of Bosnia and Herzegovina, tasked with overseeing its
implementation, including by assessing and monitoring access to education by
Roma and the effectiveness of educational policies targeting Romani
communities. The Council has not been established as yet, despite the recent
adoption of relevant legislation.(74)
Amnesty International considers that the BiH Action Plan covers a number of
very important areas relevant to the inclusion of Roma in education. However,
the organization is concerned that the document fails to identify clear and
detailed timeframes and deadlines for each of the actions and activities it
envisages. Moreover, the BiH Action Plan does not clarify the financial and
other resources needed at different levels of the BiH educational system to
carry out measures included in it. These problems appear to be among the
obstacles hampering its implementation.
In November 2005 the BiH Ministry for Human Rights and Refugees and the Roma
Council at the BiH Council of Ministers produced the Roma Strategy of Bosnia
and Herzegovina, which has a section on education. This Strategy mainly
endorses the implementation of the BiH Action Plan which, "apart from some
unclearness and obstacles, is going on and gives results", it claims.(75)
In April 2006 the CERD expressed concern "that the National Strategy for
Roma reportedly fails to identify specific measures, allocate sufficient funds,
or identify competent bodies to which responsibility for implementing the
strategy is assigned".(76) It urged the authorities to review the Strategy
and ensure that it identifies specific measures, establishes adequate
budgetary allocations, and identifies the bodies responsible for its
implementation.
Exclusion from pre-school and primary education
"We still have insufficient consciousness on importance of education
within the Roma population. They treat it in a ‘liberal’ way – you can go to
school, you cannot go to school, you do not have to go to school".
Bosnia and Herzegovina Report to the UN Committee on the Elimination of
Racial Discrimination.(77)
Estimates on access to education for Roma in BiH vary, but it is generally
acknowledged that illiteracy rates among Roma in BiH remain very high and that
most Romani children are partly or totally excluded from education.
In general, few children in BiH attend pre-schools, mostly as a result of
budgetary constraints limiting the availability of free or subsidized
pre-schooling.(78) Consequently, those who have access to pre-school education
often come from relatively well educated and/or affluent families in urban
areas. In this context, Romani children are in most cases unable to attend
pre-school programmes. According to official data, no Romani children are
included in pre-school programmes in Zenica (FBiH) and Prijedor, a town in the
RS with a significant presence of Roma, and negligible numbers attend nursery
schools in the Sarajevo Canton.(79) A UN Children’s Fund (UNICEF) project is
currently being carried out in five locations in BiH, with the aim of making
pre-school education available to Romani children.
Accurate information on attendance rates of Roma in primary schools is not
available as the relevant data are not collected and Roma population estimates
greatly vary. The BiH authorities acknowledged in their report to the CESCR in
2005 that "Roma children go to school only sporadically" and that
"there are almost no Roma children in the older grades of primary and
secondary schools".(80) The 2004 BiH state report on the implementation of
the FCNM states that approximately 80 per cent of Romani children do not attend
school.(81) The BiH Helsinki Committee for Human Rights estimates that only 15
per cent of all Romani children complete elementary school.(82) The BiH Action
Plan quotes UNICEF figures from 2002 showing that even in the Tuzla Canton,
where enrolment rates of Romani children are said to be relatively high, 80 per
cent of Roma do not attend school.(83) Anecdotal evidence and media reports
suggest that there are still Romani settlements in BiH where no children attend
school.(84)
In the Tuzla Canton in 2005/06, 711 Romani children attended elementary school,
an increase from 641 in 2001/02. (85) The authorities say that "only"
about 120 Romani children in the Tuzla Canton are now completely excluded from
education and approximately 80 do not attend school regularly.(86) Such
estimates however appear to be rather optimistic, given the previous mention
that in 2002, when 641 Romani children were reported as attending school, it
was also estimated that 80 per cent of Romani children were excluded from
school.(87)
According to education authorities in the Zenica-Doboj Canton, approximately
450 Romani children attend elementary schools in the canton and only one Romani
child attends secondary school.(88) No official information or estimate was
available on how many Romani children do not attend school, as the local
authorities acknowledge not knowing the size of the Roma population in the
absence of recent or accurate census figures. According to a local Romani NGO,
in 2000 in Zenica alone, excluding the rest of the canton, there were
approximately 4,000 Roma, of whom 1,300 were not older than 15.(89)
Although elementary school attendance rates remain extremely low, it is
important to note that in recent years there has been some improvement. This
appears to be the result of a number of initiatives taken by local NGOs,
including Romani organizations, and local authorities, to promote the inclusion
of Roma in education. Information from the FBiH Council of Roma points to an
increase in enrolment rates for Romani children.(90) Research financed by the
NGO Save the Children UK and the European Commission, which was recently
published in the form of a report on the right to education of Romani children
in BiH, provides more details. In the Una-Sana Canton, for instance, the number
of Romani children attending elementary school grew from 103 in 2002/03 to 158
in 2006.(91) According to the RS Ministry of Education and Culture, 70 Romani
children were attending elementary schools in the RS in 2002/03, and that
number had risen to 405 by 2006. In 2001, 23 Romani boys and 23 Romani girls
successfully completed elementary education in 23 schools in the FBiH and the
RS; in 2005 the corresponding figures were 97 for boys and 73 for girls.(92)
Reports point to high drop-out rates affecting Romani children, who in some
cases leave elementary school after only a few years in education.(93) In the
RS, for instance, the number of Romani children who drop out is three times
higher than the number of those who complete elementary education.(94)
Statistics suggest that Romani girls are even less likely than Romani boys to
have access to education.(95) In the Tuzla Canton, primary school attendance
figures for Romani boys and girls were consistently lower for the latter
between 2001/02 and 2005/06. In the period between 2001/02 and 2004/05, 25
girls and 71 boys completed elementary school, and four girls and 11 boys
completed secondary school.(96) The FBiH Roma Council reports that most Romani
girls quit schooling after completing the third or fourth grade of primary
school.(97)
Barriers to education
Availability
Primary education is free and compulsory in BiH. The BiH Action Plan envisages
the training of teaching staff working with Roma – including on Romani
traditions, culture, language and customs – and the development of a manual for
teaching staff to include examples of "good practice" in the
integration of Romani children. However, these aspects of the Plan remain
mostly unimplemented, with the exception of some training carried out by local
authorities in the Tuzla Canton, and workshops and working groups aimed at reducing
negative stereotyping of Roma for teachers from some RS schools.(98)
In addition, elements of the international community have mostly prioritized
post-war stabilization and reconstruction assistance – including educational
reform – for the three constituent peoples of BiH (Bosniaks, Croats and Serbs).
The lack of suitably trained teachers and the lower priority given to minority
educational support for Roma has reduced the availability of education for
children from Romani communities.
Accessibility
The poor socio-economic situation of Roma in BiH is linked to many of the
difficulties they face in accessing education, as is recognized in the BiH
Action Plan.(99) Almost invariably, members of Romani communities, Romani
activists and teachers working with Romani children told Amnesty International
that extreme poverty was one of the main factors in poor school attendance.
Lack of adequate clothing is often cited as a reason for non-attendance. In
some cases, school attendance declines during the cold months because families
of Romani children cannot afford clothing and because of the difficulties in
travelling from distant settlements.(100) Teachers interviewed by Amnesty
International said that the need to provide meals to Romani children in schools
was a priority, including because hunger prevents them from fully benefiting
from education.(101) A teacher in a school in Tuzla noted: "Children do
not come to school because they do not have clothes or a sandwich to bring to
school".(102) A child attending the school told Amnesty International that
at home he shares a small room with six other people. Overcrowding in
sub-standard settlements prevents or hampers full access to education, because
of the difficulties of doing homework or studying at home. In some cases,
Romani children have to take on casual jobs or otherwise contribute to the
economic survival of the family. Girls especially may not be able to attend
school because they are given the responsibility of caring for younger brothers
and sisters or helping with tasks in the home.(103)
As noted above, different forms of material help to Romani families are
foreseen in the BiH Action Plan, including free textbooks, meals and
transportation services for children. These measures have in general not been
implemented, apart from the distribution of free textbooks in some cases.
However, even when textbooks were distributed, they were made available too
late, in insufficient number, and not everywhere.(104) When an Amnesty
International delegate visited the "Musa Ćazim Ćatić" elementary
school in Zenica in late March 2006, the headmistress said she had just
received a small number of books for Romani pupils, covering only certain
subjects. As she noted, "What is the use of these books, if the school
year ends in a few months?"(105) In Kakanj, also in the Zenica-Doboj
Canton, a local Romani activist told Amnesty International that no free
textbooks had been distributed to Romani children in the area.(106) An official
from the Zenica-Doboj Canton told Amnesty International that the cantonal
education authorities could not offer other forms of assistance than textbooks
to Romani children because budgetary resources were insufficient.(107)
Tuzla Canton authorities similarly informed Amnesty International that lack of
resources was preventing full implementation of the BiH Action Plan.(108) In
Tuzla, a teacher in a local school said that, although some free textbooks had
been distributed by the authorities, most had come from NGOs, including
international NGOs such as Save the Children.(109) In the RS, the Ministry of
Education and Culture has not allocated specific funding to provide textbooks
to members of the Romani communities, but claims that resources are allocated
to offer this type of support to poor families, many of whom are Romani
families.(110)
The situation appears to be similar throughout BiH. Despite some positive
examples at the local level, the authorities have failed to provide the
necessary financial and other means to make available textbooks, meals and
transportation services for low-income Romani families in a systematic and
comprehensive way. In some cases, local and international NGOs, as well as
other international organizations, have offered some of the assistance needed.
Where this has not happened, Romani children have faced serious obstacles to
fully accessing education because of their families’ material situation.
While economic and other difficulties are key factors in poor school
attendance, the authorities, including local social welfare authorities, appear
to do nothing or almost nothing to ensure that Romani children are included in
compulsory elementary education. The sheer lack of statistics and reliable data
on the number of Roma who live in BiH, at local and national level, explain in
part the difficulties local authorities face in tracking children not in
school. Partly related to this is the lack of birth registration of Romani
children, which continues despite recent efforts to tackle the problem
including by the OSCE Mission to BiH.(111) Although it appears that, in many
cases, schools accept pupils even if they lack personal documents or
registration, the lack of registration of Romani children makes it more
difficult for local authorities to trace children of school age not in
elementary education.
The failure of local authorities to make sure that Romani children required by
law to be in education go to school was noted in the report on BiH adopted by
ECRI. The report stated that "it has been reported that, so far, the efforts
of the authorities of Bosnia and Herzegovina to enforce the obligation of
compulsory schooling for Roma children have been very limited".(112)
Teachers working with Roma in BiH interviewed by Amnesty International reported
in particular that local social work centres very rarely play any role in
promoting elementary school attendance by Romani children. Lack of resources
also appears to be affecting the capacity of local welfare authorities to deal
with low attendance rates and high drop-out rates. This gap is sometimes partly
filled by the schools themselves, which may maintain contacts with local Romani
communities and, being aware of the number of locally resident Romani children
who should be coming to school, encourage their attendance.(113)
Acceptability
Discrimination against Roma and negative stereotyping are manifest in BiH in
the marginalization of Romani communities and their exclusion from the
enjoyment of many human rights.
Members of Romani communities and Romani activists in BiH often point to
"hidden" forms of discrimination against Roma. One Romani girl in an
elementary school in Tušanj was apparently excluded from teaching classes or
left with nothing to do in class.(114) A Romani child from Zenica said to
Amnesty International, "There is discrimination because we have to work
twice as much as the other children".(115) Such episodes do not translate
into discriminatory practices involving the segregation of Romani children in
schools or their exclusion from certain educational activities.
However, bullying and harassment of Romani children by other pupils is
reported. Romani children often appear to experience verbal abuse from their
non-Romani peers, according to research conducted by a local NGO with the
support of UNICEF and the European Commission.(116) Romani children and parents
have also complained about abusive behaviour on the part of teachers in some
cases.(117) The ECRI, expressing concern about the low participation in
education of Romani children in BiH, noted that it was linked to
"discrimination and harassment, including, in some cases, manifestations
of prejudice by teachers, school authorities and the school community vis-ŕ-vis
Roma children and parents".(118)
Romani culture and traditions are not included in a systematic way in school
curricula in BiH schools, limiting the advantages pupils draw from education.
Almost 90 per cent of 173 Roma interviewed by Minority Rights Group (MRG), an
international minority rights NGO, cited school as the place where they learned
least about Romani culture and history. There have been some positive
initiatives, such as some measures adopted in the Tuzla Canton to include
Romani culture in school curricula.(119) However, such steps remain largely
insufficient. Textbooks and curricula in post-war BiH have mostly focused on
the cultures and histories of Bosniaks, Croats and Serbs. Local educational
authorities in the Zenica-Doboj Canton, for instance, told Amnesty
International that Romani children are too dispersed throughout four municipalities
in the canton to be able to organize relevant cultural and educational
activities in schools.(120) They also added that this was made even more
difficult by the Roma’s "nomadic way of life". A Romani girl, now
attending secondary school in Zenica, told Amnesty International that, in both
her elementary and current schools, "Romani culture was completely
ignored".(121)
Some schools with a significant Romani population have organized occasional
events and extra-curricular activities focused on Romani culture, often in
cooperation with local Romani associations. However, both Romani organizations
and in some cases teaching staff working with Romani children express concern
that such activities are insufficient attempts to fill the gap left by the authorities’
failure to ensure that school curricula reflect Romani culture and respond to
the needs of a multiethnic school population.(122) Teaching materials
incorporating Romani culture are not available. Teachers from a school in Tuzla
told Amnesty International: "We would like to do more on Romani culture
but we don’t know where to look for the materials".(123)
Adaptability
Language barriers are less a problem in BiH than in the other countries
surveyed in this report, with respect to access to education for Romani
children. A significant proportion of Roma in BiH speak
Bosnian/Croatian/Serbian. Nevertheless, the availability of pre-schooling
programmes and the employment of Romani teaching assistants and mediators – who
among other tasks can facilitate contacts between schools and Romani
communities – are crucial both to ensure that Romani children without a
sufficiently good command of Bosnian/Croatian/Serbian can successfully attend
school and more generally to facilite the inclusion of all Romani children in
education.
Despite relevant provisions in the BiH Action Plan, and some positive examples
at the local level, an extremely small number of Roma attend pre-schooling
programmes, which are often not available on a free or subsidized basis.
Similarly, although the BiH Action Plan calls for an increase in the number of
Romani teachers and mediators in BiH schools, their number remains very small.
In schools in the FBiH, Romani assistants have only been employed when their
posts were financed by Save the Children UK (in three schools in the Sarajevo
region), because of financial constraints and apparently also because the FBiH
Ministry of Education does not consider them necessary.(124) In the
Zenica-Doboj Canton, Romani assistants are not employed in schools. Even the
position of Officer for Roma Issues (Referent za romska pitanja),
employed by the local authorities and in the past financed by Caritas, a
Catholic humanitarian organization, is reported as lacking financial cover. In
March 2006 the Officer for Roma Issues told an Amnesty International delegate
that she was working on a voluntary basis pending allocation of the necessary
resources to pay her salary by the cantonal authorities.(125) In the RS, Romani
assistants have so far been financed only in schools within Save the Children
UK projects, although plans for funding by the authorities were reported.(126)
With the rare exception of certain cultural activities organized locally by
schools, where Romani language is in some cases included, Romani language is
not taught or used in schools.(127) The reason often given is the lack of
Romani teachers or teaching staff with sufficient command of the language.
While Amnesty International recognizes that the introduction of Romani language
in primary teaching in BiH schools and the production of teaching materials
cannot be undertaken immediately, the organization is concerned that no steps
have been taken by the relevant authorities towards the goal of introducing
Romani language in schools.
Conclusions and recommendations
Roma in BiH do not enjoy full access to education and are often partly or
completely excluded from primary schools. Although domestic law in BiH
prohibits discrimination, including in education, mere legal prohibitions are
not enough to address this exclusion. International human rights standards
require that the authorities in BiH identify and address factors which prevent
Roma children from being fully included in the school system.
The extreme poverty in which many Roma live and the consequent marginalization
and social exclusion are among the main barriers to accessing primary
education. Textbooks, stationery and transportation to and from school are
simply too expensive for many Romani families. Romani pupils are in some cases hungry
or cold in school because their families cannot provide adequate clothing or
food. Romani children sometimes have to directly contribute to the economic
survival of their family and, as a result, cannot attend school or do not go to
school regularly.
When Romani children do have access to education, the curriculum they are
offered does not reflect or incorporate aspects of their culture. In general,
no teaching is provided in Romani language. In this regard, the BiH authorities
have failed to take adequate steps to ensure that the right of Roma to enjoy
the benefits of a truly multicultural and inclusive education is respected.
The BiH Action Plan, adopted in 2004, addresses many of the areas requiring
urgent attention to ensure that Roma are fully included in a school system
adapted to their needs and culture. However, the authorities have in general
failed to implement the Plan. The few initiatives taken have been limited in
scope and geographical coverage, and do not constitute a comprehensive policy
to address the exclusion of Roma from education.
Amnesty International recognizes that the full inclusion of Roma in education
in BiH is a long-term goal and that current resource constraints place further
limits on what can be achieved in the short term. However, the steps taken to
implement the BiH Action Plan have been largely insufficient, and much more
needs to be done, including within existing financial and other constraints, to
ensure that it is translated into concrete action.
Steps should be taken to provide material assistance, such as textbooks, meals,
transportation and school allowances to Romani children from low-income
families. Romani language and culture should be increasingly included in
schools and curricula, and special measures such as targeted pre-school
programmes and the employment of Romani teaching assistants should be
introduced to promote the inclusion of Roma in education.
With respect to implementing the BiH Action Plan, the authorities in BiH should
establish and make fully operational the Council for National Minorities of
Bosnia and Herzegovina, tasked with overseeing the implementation of the Plan.
The authorities should also identify clear deadlines and timeframes for
implementation, and the financial and other resources needed at different
levels of the BiH educational system to carry out the envisaged measures.
Amnesty International’s detailed recommendations to the authorities in BiH
include measures to be taken immediately, to prohibit discrimination against
Roma, and further steps that should be taken to include Roma in education and
to promote equality.
Measures to prohibit discrimination against Roma in education
Amnesty International calls on the RS, FBiH and cantonal authorities to:
Measures to eliminate discrimination,
include Roma in education and promote equality
Amnesty International calls on the BiH authorities to:
Amnesty International calls on the RS, FBiH and
cantonal authorities to:
3. Croatia
The presence of Roma on the territory of today’s Croatia has been recorded
since the 14th century. A large number of Roma migrated during the 19th century
from present-day Romania. Their descendants form part today of those Romani
communities in Croatia speaking Ljimba d’bjaš (see below), a language
related to Romanian. During the Second World War, Roma suffered enormously
under the ustaša regime, allied to Nazi Germany. Thousands of Roma were
murdered then as a result of racial persecutions, most notably in the Jasenovac
concentration camp, a complex of detention facilities established by the ustaša
regime.(128) Although most Roma in Croatia are believed to be part of
communities settled in the region for centuries, a significant number migrated
to Croatia a few decades ago, from poorer areas of the then SFRY.
The latest Croatian census in 2001 recorded approximately 9,000 people who
declared themselves as Roma. The real figure is probably higher, and estimates
suggest that between 30,000 and 50,000 Roma live in Croatia.(129) The largest
Romani communities are in the Međimurje and Varaždin Counties in northernmost
Croatia, and together make up approximately 30 per cent of the total Romani
population. Other areas with a significant Romani presence are Osijek-Baranja
County, Sisak-Moslavina County and the capital, Zagreb. Other smaller Romani
communities are located throughout Croatia.
The 2001 census registered about 8,000 people declaring Romani as their first
language. Research in Croatia has shown that Romani languages are used by
almost 80 per cent of the Romani population. Specifically, 42.4 per cent of
surveyed Roma are reported as using the Romani language, and 36.5 per cent Ljimba
d’bjaš. Some Romani communities also speak Albanian and Romanian.
Reportedly, the Croatian language is used by 6 per cent of the Romani
population.(130)
Roma in Croatia are scattered in approximately 100 settlements, which are
either separate villages or part of an existing town or city.(131) Outside
Zagreb, Roma normally live in separate and ethnically homogenous settlements,
many of which were built without planning permission and (especially outside
the Međimurje region) lack basic infrastructure and services, such as clean
running water, sewerage and waste removal.(132)
High poverty rates particularly affect the Romani population, and a recent
survey by the UNDP highlights that between 12 and 13 per cent of the Roma in
Croatia live on less than 4.3 US dollars a day.(133) Between 2 and 5 per cent
of the rest of the population live on the same amount. The UNDP survey reports
levels of unemployment affecting the Romani population only slightly more than
the rest of the population. However, other sources estimate that approximately
80 per cent of Romani households have no steady income and virtually all Romani
women are not (officially) employed. About 21,000 Roma were reported in 2004 as
receiving welfare support. The main reasons usually quoted to explain the lack
of integration of Roma in the labour market are "below-average educational
standard, prejudice on the part of employers regarding their abilities, and a
certain form of marginalization as a result of poverty and other people’s
rejective attitude".(134) When an Amnesty International delegate visited
in March 2006 the Gornji Kuršanec settlement in Međimurje, of the approximately
170 inhabitants only five were reported to have a job.
Legal framework and national plans for Roma inclusion
The Preamble to the 1990 Croatian Constitution states that the Republic of
Croatia "is established as the national state of the Croatian nation and
the state of the members of autochthonous national minorities: Serbs, Czechs,
Slovaks, Italians, Hungarians, Jews, Germans, Austrians, Ukrainians and
Ruthenians and the others". The Roma are not explicitly mentioned as a
distinct ethnic minority. The Constitution provides that "Everyone in the
Republic of Croatia shall enjoy rights and freedoms, regardless of race,
colour, gender, language, religion, political or other belief, national or
social origin, property, birth, education, social status or other
characteristics" (Article 14). Moreover, it specifically protects the
rights of members of national minorities and stipulates that members of all
national minorities have equal rights in the Republic of Croatia (Article 15).
The 2002 Constitutional Law on the Rights of National Minorities (Ustavni
zakon o pravima nacionalnih manjina) does not contain a list of national
minorities but defines a national minority as a community of Croatian citizens
whose members have been traditionally settled on the territory of the Republic
of Croatia, and have ethnic, linguistic, cultural or religious characteristics
different from other citizens, and are guided by the wish for the preservation
of such characteristics (Article 5). A problem with this definition is that it
may limit the scope of the Constitutional Law’s application to Croatian
citizens only. The Advisory Committee on the FCNM, in its second opinion on
Croatia published in 2005, noted:
"A generally
applicable citizenship criterion is, however, problematic in relation to
guarantees in some other key fields covered by the Framework Convention, such
as non-discrimination and education, especially taking into account that a
number of Roma and other persons affiliated with national minorities reside in
Croatia without a confirmed citizenship and have had difficulties in acquiring
citizenship".(135)
The Advisory Committee recommended that Croatia
consider amending the Constitutional Law on the Rights of National Minorities
insofar as it excludes non-citizens from its scope.
The Constitutional Law on the Rights of National Minorities contains a number
of provisions on the education of members of national minorities. It provides
that "Members of national minorities shall have the right to education in
the language and script which they use" (Article 11[1]), including in
"pre-school institutions, primary and secondary schools". Part of the
curriculum for national minorities must be related to the minority’s culture,
history and other features (Article 11[4]). The law stipulates that educational
work in the language and script of a national minority is to be conducted by
teachers who have an excellent command of that language and script, whether or
not they are members of that minority (Article 11[6]). It protects the right of
pupils attending schools where teaching is in the Croatian language and script
to be enabled to learn the language and script of their national minority
(Article 11[9]).
Similar principles are enshrined in the Law on Education in the Language and
Script of National Minorities (Zakon o odgoju i obrazovanju na jeziku i
pismu nacionalnih manjina), adopted in 2000, which regulates the education
of members of minority communities. It stipulates, in particular, that the
state budget provides the financial means needed for the ordinary activities of
state schools, classes and educational groups in the language and script of
national minorities (Article 16). However, the Advisory Committee on the FCNM noted
that the law fails to define clear conditions and procedures for the
implementation of the educational models envisaged, giving rise to disputes
over the respective responsibilities of the state, county and municipal
authorities for the establishment of schools with education in minority
languages.
The Constitution of the Republic of Croatia enshrines the principle of free and
compulsory primary education (Article 65). The Law on Elementary Schooling (Zakon
o osnovnom školstvu) states that the aim of elementary education is to
allow the pupil to acquire knowledge, notions, skills, attitudes, habits
necessary in life and work or in further education, and that the school has to
ensure the constant development of the pupil spiritually, physically, morally,
intellectually and socially in accordance with the pupil’s abilities and
preferences (Article 2). Elementary education also seeks to create and promote
tolerance and respect for human rights (Article 2). Elementary education lasts
at least eight years and is compulsory for all children, in general between the
ages of six and 15 (Article 3).
The Law on Pre-school education (Zakon o predškolskom odgoju i naobrazbi)
stipulates that nursery schools carry out programmes for children members of
ethnic or national minorities or communities (Article 15[1]). It requires that
pre-school programmes for members of minority communities be financed from the
state budget (Article 50).
In 2003 the Croatian government adopted a National Programme for Roma. Were it
to be implemented in full, the Programme could be a first step towards greater
integration of members of Romani communities in Croatian schools and in
Croatian society in general.(136) It was reported as having been adopted
"following extensive consultation with Roma and other relevant
partners".(137) However, some Romani activists told Amnesty International
that there was insufficient consultation with members of Romani communities,
especially when the Programme was drafted. It has a section on education, which
includes valuable objectives such as to include "as many Romani children
as possible in regular programs in kindergartens with other children",
including through the provision of free meals.(138) It also envisages the
training of teachers and teachers’ assistants working with Roma in pre-schools,
but not in primary schools.
One of the points of the National Programme for Roma is the organization in
primary schools of "optional activities for Romani children who want to
nurture their Romani culture, customs and traditions".(139) Such
activities should instead be open to all children, Roma and non-Roma alike,
with a view to introducing in schools a truly inclusive and multicultural
curriculum. Moreover, the Programme envisages the production of a Romani-Croatian
dictionary for children and other publications in the Romani language. However,
the production of such teaching materials appears to be mostly aimed at
facilitating "the acquisition of the Croatian standard language". It
is a matter of concern that no mention is made in the Programme of the
possibility, as a long-term goal, of having the languages spoken by Roma in
Croatia introduced in teaching in primary schools.
The Programme states that separate classes or separate groups in the first
grade of elementary school will be organized for Romani children who were not
included in pre-school programmes or do not have a sufficient command of the
Croatian language.(140) In this context, the document envisages the creation of
a special curriculum, decided by the Ministry of Education and Sport, in
conjunction with the school, adjusted to "the specific circumstances (the
number of Roma children, their previous knowledge, the space available,
staffing and other possibilities offered by the school etc.)". In this respect,
the Advisory Committee on the FCNM noted:
"The National
Programme for the Roma also endorses the idea of separate first grade,
Roma-only classes for those who have not attended pre-school and are not
proficient in the Croatian language. Such classes do not appear to be set up to
foster teaching in or of Roma language or other elements of Roma culture, but
rather to assist the children to obtain basic Croatian language and other
skills so that they can meet the demands of the educational system. While
recognising that these are valuable aims, the Advisory Committee considers that
pupils should not be placed in such remedial, separate classes on the basis of
their affiliation with a national minority but rather on the basis of the
skills and needs of the individuals concerned, and where such placing is found
necessary, it should be for a limited period only".(141)
For Romani children who have attended pre-school
programmes or who speak Croatian well, the National Programme for Roma endorses
the creation of mixed classes in primary schools. It also includes a number of
useful measures to promote the full inclusion of Roma in schools, such as the
organization of additional classes for Romani pupils who need them and measures
to encourage their participation in extra-curricular activities. As in
pre-school education, the programme envisages the provision of meals to primary
school pupils coming from Romani families.
Croatia is taking part in the Decade of Roma Inclusion, a regional
intergovernmental initiative "to reduce disparities in key economic and
human development outcomes for Roma through implementing policy reforms and
programs designed to break the vicious cycle of poverty and exclusion"
(see below).(142) The government adopted an Action Plan in 2005 to improve the
situation of Roma in the areas of education, employment, access to health care
and housing.(143) The Action Plan includes a number of positive measures aimed
at including Romani children in pre-school education, envisaging their attendance
at full two-year pre-school programmes. Among its goals in the area of primary
education are the inclusion of Romani pupils in desegregated classes and the
incorporation "of content on Roma (needs, culture, etc.) in the new school
curricula".(144) It remains a concern, however, that no measure is
incorporated in the plan on the introduction of teaching and teaching materials
in Romani language in primary schools. Moreover, the Action Plan fails to fill
an existing gap in the National Programme for Roma to the extent that it does
not foresee the training of teachers working with Roma in primary schools
(although it provides for the training of Romani assistants).
An estimated 61 million Croatian kunas (approximately US$10.5m) are reportedly
needed for the implementation of the Decade of Roma Inclusion Action Plan
throughout the 10 years between 2005 and 2015.
Exclusion from pre-school and primary education
"A teacher was always insulting me. Another treated me as if I had
never seen a computer before".
A Romani child from the Međimurje region, Croatia, talking about her
experience in school.
Caption
A pre-school in Čakovec, Croatia, attended by Romani children. © Amnesty
International.
Lack of access to education remains one of the most serious obstacles to the
integration of Roma in Croatia. Access to other rights, including the right to
work, is hampered by poor educational levels and high illiteracy rates among
members of Romani communities. Literacy rates for Roma are estimated by UNDP as
being 91 per cent in the 15-24 age group; 88 per cent in the 25-34 age group;
86 per cent in the 35-44 age group; 69 per cent in the age group over 45. Such
figures are considerably lower than for the rest of the population which has a
literacy rate of between 98 and 100 per cent.(145)
Data from 2004 suggest that in Croatia only 30 Romani children between the age
of three and five had access to pre-school education and a further 350 Romani
children were included in pre-school programmes for children of age five and six.
Of those, 200 were apparently already of school age, up to the age of
nine.(146) In the school year 2003/04 some 150 Romani children in Međimurje and
Varaždin Counties attended special pre-school workshops which targeted Romani
children in their last year of pre-school education.(147) When an Amnesty
International delegate in March 2006 visited the Romani settlement of
Lončarevo, in the Podturen Municipality (Međimurje County), a nursery school
was functioning, attended by approximately 20 children taking part in a
two-year pre-school programme. Similarly, children in the Gornji Kuršanec
settlement have access to pre-school education provided in a nursery school in
Čakovec (Međimurje County), financed by the city administration and run in
conjunction with the Romani organization Roma for Roma.(148) Other schools in
Međimurje County organize shorter pre-school programmes targeted at members of
the Romani community, or attended by a majority of Romani pupils, which last
between two and six months.(149)
However, it is estimated that the majority of Roma children are not included in
any pre-school programmes, although the overwhelming majority of children from
Croatia’s general population enter primary school with some pre-school
experience (approximately 98 per cent according to data from 2002/03).(150) In
Sisak-Moslavina County, for instance, 27 per cent of Romani families have one
child of pre-school age, 22 per cent have two, and 11.5 per cent have three,
but no Romani child attends pre-school.(151)
In 2004 the number of Romani children attending elementary schools was
estimated at about 1,700, but precise figures are not available because the
ethnicity of children is not recorded when they enrol in school, unless
teaching is to be provided in the language or script of a national
minority.(152) Such teaching is not offered to Romani pupils (see below). The
Croatian authorities estimate that around one third of Romani children have
never attended any school.(153) Rates of elementary school attendance of Romani
children in Croatia, as estimated by UNDP, are higher, although still
considerably lower than for non-Romani children. An estimated 86 per cent of
Romani children at the age of seven attend elementary school.(154)
Attendance rates reach close to 95-100 per cent for Romani children aged
between eight and 12, and gradually decrease for older children.(155) According
to the UNDP survey, only 70 per cent of Romani children at the age of 15 are
attending elementary school. On the other hand, the UNDP estimates that
virtually all non-Romani children between seven and 15 attend school.
The decrease in attendance rates for older Romani children suggest that Romani
pupils who attend elementary school are affected by high drop-out rates, as
well as by a high incidence of repeaters, who attend one grade twice or
more.(156) According to data provided to Amnesty International by the Macinec
Elementary School, in the school year 2005/06, 73 Romani children were enrolled
in the first grade, and only five in the eighth grade. The Elementary School in
Kuršanec had 57 Romani pupils attending the first grade in 2005/06, and only
one Romani pupil in the eighth grade.(157) According to estimates of the
Croatian authorities, only 27 per cent of Romani pupils enrolled in elementary
schools complete their elementary education.(158) In some schools, 90-100 per
cent of Romani children do not complete elementary education.(159)
Barriers to education
Availability
Elementary education is compulsory and free in Croatia. However, some teachers
working with Roma have reported lack of adequate and comprehensive training,
including on aspects of Romani culture, which would enable them to work more
effectively with members of the Romani communities.(160) The training of
teachers would also help in reducing negative stereotyping of Roma (see below).
Neither the National Programme for Roma nor the Action Plan for the Decade of
Roma Inclusion includes specific measures on the training of teachers working
with Romani pupils in primary schools (although they provide for the training
of teachers in pre-schools and of Romani assistants). Amnesty International is
concerned that the lack of suitably trained teachers negatively impacts on the
availability of primary education for Romani children.
Accessibility
The poor socio-economic situation of many Roma in Croatia impairs their access
to education. Overcrowding and lack of basic infrastructure in many Romani
settlements have a detrimental effect on accessing education and drawing
advantages from education. Lack of electricity and long distance to school
create practical difficulties, including for studying at home. As a child
attending the Macinec primary school told Amnesty International, "It is
too crowded to do any work" at home.(161) Some Romani children attend
school only sporadically and are excluded from extra-curricular activities
because of their family’s extreme poverty and the need to help support the
family economically.(162) One child told Amnesty International: "I cannot
go on school trips because my family cannot pay".(163) Romani girls are
sometimes prevented from going to school because they have to care for younger
brothers and sisters or carry out other tasks at home.(164)
Some Roma continue to face difficulties in covering the costs of textbooks,
stationery and clothing for children attending school, despite the various
types of assistance available from the government, certain local authorities
and schools.(165) Many Romani activists in Croatia point out that allocated
funding is not enough to adequately enable all Romani children from very poor
families to have full access to primary education.(166) Legal provisions on
compulsory education are in some cases not enforced when Romani children do not
attend school or do so only irregularly.(167) In certain areas, local social
welfare authorities lack the personnel and resources to promote and support
school attendance or to deal with a range of socio-economic problems affecting
the Romani population.
Amnesty International is concerned that Romani children are denied full access
to primary education as a result of the discrimination they suffer in schools.
Such discrimination has taken the form of segregation of Romani children in
"Roma only" classes and other discriminatory attitudes and behaviour
against Romani pupils by teachers.
In 2001, Save the Children UK reported: "In one school in Medimurje
County, there are separate entrances for Roma/Gypsy children and, in another,
Roma/Gypsy children who could not afford school meals were allowed into the
dining room afterwards to eat the leftovers of other children".(168) In
past years, Romani children who attended Croatian elementary schools often did
so in separate "Roma only" classes where they were reportedly given a
simplified version of the normal curriculum.
The Croatian authorities and school administrations, including in interviews
with Amnesty International, have usually excused the segregation of Romani
pupils on the grounds that Romani children do not possess sufficient Croatian
language skills to follow the normal curriculum alongside ethnic Croatian
pupils. It was and sometimes still is claimed that Romani pupils need to be
taught separately for reasons of "hygiene" and because they lack the
abilities to interact in social settings with their peers.(169)
In the school year 2000/01 almost 60 per cent of Romani elementary school
pupils in Međimurje County were reportedly placed in a total of 24 segregated
classes, and in 2001/02, in the primary schools of Macinec and Kuršanec, around
83 per cent and 88 per cent respectively of all Romani children were taught in
separate classes.(170) When an Amnesty International delegate visited the
Macinec elementary school in 2004, of a total of 22 classes, seven were
"Roma only" classes.
In April 2002 the families of 57 Romani children, assisted by the European Roma
Rights Centre (ERRC), filed a lawsuit with the Čakovec Municipal Court charging
the Croatian Ministry of Education, Međimurje County and the primary schools of
Orehovica, Macinec, Kuršanec and Podturen with the segregation of Romani
children on the basis of their ethnic origins.(171) In September 2002 the court
rejected the complaint, ruling that the alleged lack of adequate knowledge of
the Croatian language justified the creation of separate Roma classes. In
November 2002 the Čakovec County Court confirmed the municipal court’s verdict
on appeal. In December 2002 the families of 15 Romani children filed a
complaint with the Croatian Constitutional Court, alleging that the segregation
of Romani children in Croatian schools amounts to a violation of Croatia’s
Constitution. The case is still pending. In December 2004 the 15 complainants,
with the support of the ERRC and the Croatian Helsinki Committee for Human
Rights, filed an application with the European Court of Human Rights claiming
that the placement of Romani children in separate classes violates the rights
enshrined in Articles 3, 6, 13 and 14 of the ECHR and in Article 2 of its
Protocol 1.(172) The case remains pending.
There appear to have been some improvements in the situation with respect to
"Roma only" classes. The Advisory Committee on the FCNM, in its
second opinion on Croatia, noted that it had previously "expressed concern
over the placing of Roma children in separate classes and their stigmatization
in certain schools" and observed: "The placing of Roma children in
separate classes appears to be increasingly rare in Croatia, but this practice,
which has been challenged in pending legal cases, continues in some schools in
Medjimurje county".(173) Recent reports have suggested the continuing
existence of segregation in certain Croatian schools.(174) However, when an
Amnesty International delegate visited the elementary schools of
Držimurec-Strelec, Kuršanec and Macinec in March 2006, the schools claimed that
Roma and non-Roma were in general attending mixed classes, that "Roma
only" classes existed only because of the high proportion of Romani
children in the schools, and that no classes were organized exclusively for non-Roma.
Teachers said they were trying to set up mixed classes where Roma had a
sufficiently good command of the Croatian language, and that all other classes
contained Romani pupils with insufficient or no knowledge of Croatian.
Despite positive examples of school staff doing their best to promote the
integration of Romani children, often with insufficient support from the
Croatian authorities, negative stereotyping among teachers working with Roma
remain. One teacher from a school in the Međimurje region told Amnesty
International, "In Međimurje we have many Roma, too many. They reproduce
too much", and went on to recite a long list of negative stereotypes of
Roma. A teacher from another school said that many Romani children were
"half-retarded", only to retract her words when asked what she meant.
In their application to the European Court of Human Rights relating to the
segregation of Romani pupils in four Croatian schools (see above), the families
of 15 Romani children alleged that in previous proceedings before the Čakovec
Municipal Court, notes attached to the Macinec school’s submission stated that
"Romani parents are frequently alcoholics, that their children are prone
to stealing, cursing and fighting, and that as soon as the teachers turn their
backs things go missing, usually ‘insignificant and useless objects, but the
important thing is to steal’".
Acceptability
Discrimination against Roma not only directly limits the accessibility of
education but is incompatible with the aims of education as set out in
international human rights standards. These aims include promoting
understanding between ethnic groups and developing respect for the child’s
cultural identity, language and values.
Romani children and parents have testified to the discrimination and negative
stereotyping that takes place in schools. In interviews with an Amnesty
International delegate, they often complained that, when something goes
missing, Romani pupils are invariably those accused of stealing.(175) As one
child put it, "When something is wrong in the school it is always the
Roma’s fault". Romani children attending the Macinec elementary school
reported that they were barred from using computers. One child said: "The
teacher tells me off when I speak my language". Another child added:
"Teachers do not even want to hear our songs". In interviews with
Amnesty International, parents of school-aged children in the Gornji Kuršanec
settlement said that in 2005 a teacher at the Kuršanec school harassed and beat
Romani children. The abuses stopped after protests by Romani parents attracted
media coverage.
Discrimination against Roma also manifests itself in the deep social divisions
between Roma and non-Roma. Research by the Croatian Helsinki Committee for
Human Rights on Romani pupils in Međimurje County in 2002 was reported as
finding that about 62 per cent of Romani children had practically no social
contacts with children from other ethnic groups.(176) Of the Romani children
included in the research, 89 per cent said that they did not feel accepted in
the school community and 76 per cent that they were verbally harassed and
excluded from social activities by children belonging to the majority ethnic
group.
The marginalization of Romani children in Croatian schools appears to be part of
a wider pattern of intolerance against members of the Romani communities,
including children. In September 2002 the parents of approximately 30 ethnic
Croatian pupils, as well as the inhabitants of the village of
Držimurec-Strelec, blocked the entrance to the local primary school demanding
separate classes for Romani and non-Romani pupils. Five separate classes for
Roma were reportedly established as a result. In early 2004, in the same
village, ethnic Croat parents protested against the construction of a new wing
at the Držimurec-Strelec primary school, reportedly fearing that expanded
capacity at the school would be used to accommodate Romani children from the
neighbouring village of Piškorevec.(177)
Amnesty International is concerned that Romani culture and traditions are not
included in a systematic way in school curricula in Croatian schools, limiting
the advantages pupils draw from education. At the moment, the inclusion of
certain aspects of Romani culture in elementary schools is left to the initiative
of teachers or schools, which, particularly in Čakovec and Varaždin Counties,
have organized Roma-related activities, including in cooperation with Romani
NGOs.(178) As elsewhere, such activities mostly take place on an occasional
basis, including to mark International Roma Day.(179)
However, often even in schools with a significant Romani population there are
hardly any visible signs of Romani culture or traditions as a consistent part
of the teaching process. An Amnesty International delegate visiting the new
wing of Držimurec-Strelec elementary school in March 2006 was shown a small
library available to the school’s pupils. It contained only one book on a
religious subject written in a Romani language, that the local Romani
population cannot understand. There were no other books or materials in the
locally spoken Romani language, or related to Romani culture and tradition, in
the library. The school has 153 pupils, of whom 122 are Roma.
Negative stereotyping about Roma has been reportedly found in Croatian
textbooks. In its third report on Croatia, ECRI expressed concern that
"schoolbooks sometimes convey negative images of certain minority groups,
particularly ethnic Serbs and Roma".(180)
The virtual absence of Romani culture and history from Croatian primary school
curricula contrasts with the rights other minorities in Croatia enjoy in
education. Members of the Czech, Hungarian, Italian and Serbian minorities, for
instance, have access to teaching in their language or script and to curricula
that encompass aspects of their culture and history.(181) It appears therefore
that the fact that Roma are a minority without a "kin-state", is
placing them in a more disadvantaged position than other ethnic minorities in
Croatia.
Adaptability
The majority of Romani adults can understand and speak Croatian. However, many
children of school age, with no or only limited command of the Croatian
language, face extreme difficulties when they start elementary school, where
teachers use only Croatian in lessons. It is generally acknowledged by teachers
and by Romani children and parents that many of the difficulties Romani pupils
encounter in primary schools are the result of linguistic barriers. Parents in
the Gornji Kuršanec settlement told Amnesty International: "The majority
of children [in the settlement] speak only Romani".(182) Romani children
are stigmatized because of the difficulties they experience from the very start
of their school career when they cannot understand the teachers and their
performance suffers as a result. Some of the Romani children interviewed by
Amnesty International in the Međimurje region said that other pupils mocked
them because they did not understand or speak Croatian properly.
The languages spoken by Roma in Croatia are virtually absent from schools,
unlike other minority languages in Croatia. This is despite the clear
importance of incorporating them in school curricula, to promote the inclusion
in education of Romani children and more generally the creation of truly
multicultural teaching. When asked about the possibility of introducing
languages spoken by Roma in school curricula, officials at the Croatian
Ministry of Education said this was impossible, because "Roma cannot agree
on what their language is".(183) The National Programme for Roma states
that "members of the Romani national minority are not systematically
included in any educational model in their own language, since as yet they have
not requested it".(184) Croatia’s second report on the implementation of
the FCNM similarly states that "members of the Roma national minority are
not instructed in their own language and script because the pedagogical
requirements for such instruction are not satisfied and there is no demand for
it by members of the Roma national minority".(185) Noting that education
in Romani language was not available in Croatian schools, the Advisory
Committee on the FCNM recommended in its second opinion on Croatia that the
authorities "continue to analyse the demand that exists amongst national minorities
to receive instruction in or of their languages and take appropriate follow-up
measures, ensuring that the Law on Education in Languages and Scripts of
National Minorities is implemented in respect of all national minorities
without any discrimination".(186)
There are clear challenges involved in integrating languages spoken by Roma
within school curricula, including in teaching materials. Moreover, the demand
for education in the languages spoken by Romani communities has not always been
a particular priority for Romani associations and activists in Croatia. Some
Roma appear to favour an approach based on early teaching of the Croatian
language only, rather than one fostering Romani linguistic identities as well.
However, the inclusion of Romani languages in school curricula, at least as an
elective subject in those areas with a significant Romani presence, would be an
important step in integrating Romani children within the education system. In
close consultation with Romani communities, it should be pursued as a long-term
goal.
Some of the existing pre-school programmes are organized by, or in cooperation
with, Romani organizations, and one of their main aims is to improve Romani
children’s command of Croatian. They are also focused on the development of
other abilities and skills, mainly with a view to facilitating the integration
of Romani children in primary schools. Most primary school teachers interviewed
by Amnesty International noted that children who attended pre-school
programmes, especially those of sufficient length, have significantly fewer
problems in understanding lessons in Croatian. Research in the town of Beli
Manastir, as part of the evaluation of an Open Society Institute (OSI) project,
showed that the school performance of Romani children who had taken part in a
pre-school programme was significantly higher than those who had not.(187)
Although the National Programme for Roma and the Action Plan for the Decade of
Roma Inclusion include specific measures to promote the inclusion of Romani
children in pre-school education, and that progress in this area has been
notable, the resources allocated are still insufficient. The local Romani
leader who set up and is managing the pre-school in the settlement of
Lončarevo, in Podturen Municipality, told a visiting Amnesty International
delegate in March 2006 that there were not enough resources or space in the
facility.(188) Due to lack of resources, as already noted, many Romani children
do not have access to pre-school education or attend limited pre-school
programmes only for a few months prior to their enrolment in primary school.
Not all low-income Romani families, which usually cannot afford to pay nursery
school fees, have access to free pre-school education.(189) In some cases, lack
of transportation to the nursery school and the school’s lack of capacity to
enrol all children of pre-school age are also reported to be barriers.(190)
However, lack of capacity does not explain why the proportion of Romani
children in pre-school education is often much lower than the corresponding
figure for non-Romani children.
In some Croatian schools the language difficulties faced by Romani children
have been addressed as well through the employment of Romani teaching
assistants. Romani assistants can play a crucial role, both in overcoming
linguistic barriers and in promoting communication between schools and Romani
communities and parents. Romani assistants began to be employed experimentally
in Croatia in 2000. The authorities claim that by 2004 all primary schools in
the Čakovec and Varaždin Counties had Romani assistants.(191) When an Amnesty
International delegate visited a number of primary schools of this northern
region of Croatia in March 2006, all of them employed Romani assistants. The
authorities informed Amnesty International that in the school year 2004/05 the
Ministry of Science, Education and Sports had financed the employment of 15
Romani assistants in Croatia.(192)
However, in areas outside Međimurje and Varaždin Counties, many schools with a
significant Romani population do not employ Romani assistants. In Međimurje,
those that work as Romani assistants do not enjoy stable employment but are
employed under contracts for the provision of services.(193)
Some Romani activists and parents in Croatia have expressed concern that, while
a teacher is working with non-Romani children in class, Romani pupils are left
with poorly trained Romani assistants and may therefore receive substandard
education. For the employment of Romani assistants to be truly beneficial and
conducive to the inclusion of Roma in schools, they must receive the necessary
training. This would enable them to participate in the teaching process more
fully and meaningfully, without having their role restricted to that of an interpreter
or language facilitator, and would produce positive results for Romani and
non-Romani pupils alike.
Despite some initiatives to provide training and continuing education to Romani
assistants, six years after the first initiatives were taken to include Romani
assistants in Croatian schools, many assistants have very limited education and
have received little or no training in teaching techniques and
methodology.(194)
Conclusions and recommendations
Too often Romani children in Croatia are still partly or completely excluded
from primary education. When they do attend school, the curriculum does not
reflect or include their language and culture and, in some cases, they face
discrimination and negative stereotyping. This situation entails violations of the
human rights of Romani children and, given the importance of education in
realizing other rights, perpetuates the marginalization of Romani communities
in Croatia.
Discrimination in Croatian schools against Roma continues. Although segregated
"Roma only" classes are increasingly rare, other forms of
discrimination remain, in some cases as a result of negative stereotyping of,
and low expectations for, Romani children, notably on the part of teachers. The
Croatian authorities must tackle this problem as a matter of urgency, including
by monitoring the composition of classes and, where needed, the activities of
teachers working with Roma. They should provide primary school teachers with
training aimed at eliminating negative stereotyping and prejudice, with a
particular focus on Roma.
So far, efforts to include Romani culture and the languages spoken by Roma in
Croatia in school curricula have been insufficient. The National Programme for
Roma and the Action Plan for the Decade of Roma Inclusion contain hardly any
measures to promote teaching in the first languages of many Romani children.
Other aspects of Romani culture and history are also not included in teaching
in primary schools. Although the current legal framework in Croatia allows for
minorities to be taught in a way that reflects their culture, Roma have not as
yet benefited from such provisions.
Training for teachers and all teaching staff working with Roma on Romani
language and culture would be a first, necessary step, to ensure that Croatian
schools become inclusive with respect to Romani pupils. This should be
accompanied by long-term projects aimed at producing teaching materials in the
languages spoken by Roma in Croatia and at educating teachers able to teach in
such languages.
Recent progress in certain regions of Croatia has allowed Romani children to
access pre-school programmes and made Romani assistants part of the teaching
process. This progress – the result of combined efforts on the part of national
and local authorities, schools, and Romani and other NGOs – must translate into
comprehensive policies. These should cover all areas of Croatia that have a
significant Romani population, with a view to introducing these special
measures in a systematic way. To this end, the necessary financial resources
should be allocated from the state budget.
In order to achieve equality in and through education, it is essential that the
Croatian authorities redouble their efforts to eliminate socio-economic
obstacles to the full access of Romani children to education. As foreseen in
the National Programme for Roma, school meals should be provided to Romani
children coming from low-income families. Financial and other assistance should
be provided to Romani families whose extreme poverty makes ensuring their
children’s education particularly difficult.
Amnesty International’s detailed recommendations to the authorities in Croatia
include measures to be taken immediately, to prohibit discrimination against
Roma, and further steps that should be taken to include Roma in education and
to promote equality.
Measures to prohibit discrimination against Roma in education
Amnesty International calls on the Croatian authorities to:
Measures to eliminate discrimination,
include Roma in education and promote equality
Amnesty International calls on the Croatian authorities to:
4. Slovenia
Romani communities have been living on the land that makes up the Slovenia of
today since the 14th century.(195) During the Second World War, present-day
Slovenia was occupied by the forces of Germany, Italy and Hungary, and members
of Romani communities were victim of racial persecution at the hands of their
regimes.
The post-war establishment of the SFRY and the economic development in
Slovenia, the richest of all Yugoslav constituent republics, saw a significant
number of members of Romani communities, in particular those now living in
urban areas, moving to Slovenia from poorer areas in the south of the SFRY.
In the 2002 Slovenian census, approximately 3,000 people declared themselves as
Roma. However, the real number of Roma in Slovenia is probably higher, and is
usually estimated at between 7,000 and 12,000, including so-called
"non-autochthonous" or non-indigenous Roma (see below).(196) Most of
the Roma in Slovenia are concentrated in the Dolenjska and Bela krajina regions
in the south-east of the country, and in the Prekmurje region in northeastern
Slovenia near the border with Hungary.(197) Roma also live in urban centres,
including in the capital, Ljubljana.
The 2002 census registered 3,834 persons who declared Romani language as their
first language. Romani languages spoken in Slovenia include two main variants,
spoken chiefly in the Dolenjska and Prekmurje region, respectively.
According to official sources, in 25 Slovenian municipalities there are 90
Romani settlements, mostly isolated from the rest of the population or on the
periphery of urban areas.(198) Many of these settlements, especially in the
Dolenjska region, are not formally legalized and their inhabitants lack
security of tenure.(199) Reportedly, 39 per cent of Roma live in brick houses,
and 12 per cent in apartment blocks.(200) The rest live in cabins, caravans and
similar dwellings, or makeshift shelters. The Council of Europe Commissioner
for Human Rights noted in his follow-up report on Slovenia published in March
2006 that "the housing conditions of many of the Roma continue to be
unsatisfactory with many Roma living in isolated, often illegal settlements,
far away from services and other communities".(201) Some communities lack
sanitation, running water, sewerage or waste removal services.(202) Others are
reported as having no electricity.(203)
The marginalization of Romani communities in Slovenia is reflected as well in
their high rates of unemployment, which is above 90 per cent in some areas. The
Slovenian government’s Office for National Minorities reports that "only 2
per cent of Roma are employed and approximately 98 per cent are unemployed and
receiving social assistance from the state".(204) Other sources point to
an unemployment rate among Roma of around 98 per cent in the Bela krajina
region and 90 per cent in the Prekmurje region.(205) In 2001, in the Dolenjska
region, hardly any Rom was reported as being employed in the formal economy;
most members of Romani communities were working collecting scrap iron and,
occasionally, at local farms. The situation does not appear to have changed
significantly in recent years and unemployment among Roma is in fact
increasing, with an estimated 90 per cent of Roma reportedly living on social
benefits and child allowances.(206) As the Council of Europe Commissioner for
Human Rights pointed out, high unemployment "can be partially explained by
the fact that many Roma lack sufficient level of education and skills required,
but it is also due to discrimination of Roma in the society in
general".(207) Moreover, many "non-autochthonous" Roma were
"erased", that is, unlawfully removed from the registry of permanent
residents in 1992, after Slovenia became independent.(208) As a consequence,
they lost their jobs or could no longer be legally employed.
Legal framework and the Roma education strategy
The 1991 Slovenian Constitution provides for equality in the enjoyment of human
rights and fundamental freedoms, irrespective of national origin, race, sex,
language, religion, political or other conviction, material standing, birth,
education, social status, disability or any other personal circumstance
(Article 14). In 2004, Slovenia, which is a member of the EU, enacted a law to
implement the principle of equal treatment promoted by the EU Race Directive (Zakon
o uresničevanju načela enakega obravnavanja).(209)
The Slovenian Constitution contains detailed provisions on the special rights
of the Italian and Hungarian "autochthonous" communities in Slovenia
(Article 64), including on the right to education and schooling in their own
languages, as well as the right to establish and develop such education and
schooling. No such provisions are included on the rights of Romani communities.
The Constitution only stipulates that "The status and special rights of
the Romani community living in Slovenia shall be regulated by law"
(Article 65). In this respect, the Italian and Hungarian minorities are effectively
granted a higher level of minority protection in Slovenia.
A draft law regulating the status of Romani communities in Slovenia, as
provided by Article 65 of the Constitution, is still in preparation. In March
2006 the Office for National Minorities of the Slovenian government conducted a
public debate on guiding principles for a law on Romani communities.(210)
However, representatives of the Romani communities in the Dolenjska region in
particular have complained that they were not consulted during the drafting of
the new law and that their needs and problems were ignored.
The concept of "autochthonous" minorities, which appears in the
Slovenian Constitution with reference to the Italian and Hungarian communities,
is used in Slovenian law and practice to differentiate between minorities
enjoying special rights ("autochthonous" minorities) and ethnic
minorities with little or no protection that do not come within the scope of
the FCNM, as interpreted by the Slovenian authorities.(211) The Slovenian authorities
differentiate between "autochthonous" and
"non-autochthonous" Romani communities, although such a distinction
does not appear in the Constitution with regard to Roma.(212)
"Non-autochthonous" Roma include those who migrated from other former
Yugoslav republics before Slovenia became independent, as well as those who
came after independence.
Slovenian laws and regulations do not contain a clear definition of
"autochthonous Roma". However, the Slovenian Constitutional Court
accepted that, in those cases where Romani settlements were present on a
certain territory "for centuries", their inhabitants should be
considered "autochthonous Roma".(213) However, even
"autochthonous Roma" are not granted the same level of protection of
minority rights as the two other "autochthonous" communities
mentioned in the Constitution, the Italians and Hungarians, (214) including for
example in political representation. The Italian and Hungarian minorities are
each represented by a member of the Slovenian parliament, but no specific
provision is made for representation of the Romani minority.
The distinction between "autochthonous" and
"non-autochthonous" Roma has been the subject of concern for the UN
bodies that monitor the compliance of states with obligations under international
human rights treaties. Most recently, the CESCR expressed concern about
discrimination against Roma in Slovenia and "the distinction made in
practice between indigenous and non-indigenous Roma".(215) Moreover, the
Advisory Committee on the FCNM, in its second opinion on Slovenia, noted that,
"although legal uncertainty subsists with regard to the meaning of the
term ‘autochthonous’, the distinction between ‘autochthonous’ and
‘non-autochthonous’ Roma communities is still present". Such an approach,
in the view of the Advisory Committee, is likely to give rise to arbitrary
exclusions and discriminatory practices with respect to the implementation of
the FCNM and should not be retained. The Advisory Committee observed that
"non-autochthonous" Roma are more affected by social exclusion and
discrimination.(216)
Slovenian law and practice differentiate between "autochthonous"
Italian and Hungarian minorities, who enjoy the highest degree of minority
rights protection, "autochthonous" Romani communities, who receive
lower protection, and "non-autochthonous" Roma, whom Slovenia
excludes from the scope of the implementation of the FCNM. The authorities
exclude from protection precisely the most disadvantaged and marginalized
communities, the "non-autochthonous" Roma, and in general leave all
Roma in Slovenia with less protection for their minority rights than other
minorities.
The Slovenian Constitution enshrines the principle of compulsory and publicly
financed primary education (Article 57). However, it protects the right to
education of citizens only, stipulating: "The state shall create the
opportunities for citizens to obtain a proper education".
The Law on Elementary School (Zakon o osnovni šoli) provides that, among
its aims, elementary education should "foster literacy and the competency
to understand, communicate and express oneself in the Slovene language and, in
the areas defined as ethnically mixed, also in the Italian and Hungarian
language, respectively" (Article 2). In addition, it should encourage
mutual tolerance, respect for human rights and basic freedoms, and the pupil’s
own cultural tradition (Article 2). Compulsory elementary education is for nine
years (Article 3). Elementary school usually starts at the age of six.
The Law on Elementary School also stipulates that teaching in elementary
schools is in Slovene, or, "in elementary schools providing instruction in
the languages of ethnic minorities,… Italian and, in bilingual elementary
schools, Slovene and Hungarian" (Article 6). The law fails to define the
rights of members of Romani communities in primary education, including any
linguistic rights. However, in compliance with international agreements, it
provides for children of Slovenian citizens living in Slovenia, whose mother tongue
is not Slovene, to be taught their respective first languages and about their
cultures (Article 8).
Teaching of the Slovene language may also be offered. In November 2005 the
CESCR expressed concern that Roma in Slovenia "do not enjoy protection of
their cultural rights, such as the right to education in their mother tongue,
unlike members of other minorities who enjoy this right under bilateral
international agreements".(217)
Pre-school education in Slovenia is regulated by the Law on Nursery Schools (Zakon
o vrtcih), which provides that "Special standards and criteria shall
apply to regions with specific development problems, ethnically mixed areas and
to the education of Romani children" (Article 14). It also provides for
state funding in connection with the higher costs of pre-schooling for Romani
children (Article 29).
The Law on the Organization and Financing of Education (Zakon o organizaciji
in financiranju vzgoje in izobraževanja) provides that part of the funding
for elementary education of Roma should be provided by the state budget
(Article 81). Special criteria and standards apply in the financing of
education for Romani children (Article 84).
In 2004 the Expert Council for General Education adopted a Strategy for the
Education of Roma in the Republic of Slovenia (Strategija vzgoje in
izobraževanja Romov v Republiki Sloveniji), which was commissioned by the
Slovenian Ministry of Education, Science and Sport and prepared by a group of
experts in consultation with and the involvement of representatives of some
Romani communities in Slovenia. The Strategy is a significant step in
identifying the main obstacles to the integration of Romani children and a
number of important policies and measures aimed at improving access to
education for Roma. The summary below is brief and non- exhaustive.
The Strategy for the Education of Roma in the Republic of Slovenia foresees the
inclusion of Romani children in pre-school education at least two years before
they begin attending primary school.(218) Pre-schooling programmes would
involve language teaching in Slovene and Romani language, as well as learning
experiences to facilitate integration in primary schools. In those cases where
the integration of Romani children in nursery schools outside Romani settlements
is for the moment not possible, the creation of pre-schooling programmes in the
settlements is proposed.
The Strategy discusses the role of Romani assistants, both in schools and in
nursery schools, as instrumental in helping Romani children overcome linguistic
and emotional barriers. It envisages the compulsory introduction of Romani
language, as an optional subject, in primary schools with a presence of Romani
children, as well as the adoption of specific methods for the teaching of the
Slovene language to Romani children, which take into consideration that for
most of them it is a second language. The Strategy also proposes the
introduction of multicultural school curricula, incorporating aspects of Romani
culture, history and identity.
The Strategy rejects systems that segregate or lead to the segregation of
Romani children, stating that "the aim is integration, which has to be
attained from admission to school and beyond".(219) It also calls for the
introduction of plans to identify and combat negative stereotyping and
prejudice about Roma, to be produced and implemented every school year in
schools where Romani children are present.
The Strategy envisages the adoption of an action plan that would identify the
concrete steps, activities and relevant deadlines for implementation of the
measures it foresees. However, the Slovenian authorities have to date failed to
adopt such a plan. The failure to implement in a detailed and comprehensive way
the solutions proposed in the Strategy leaves a major gap in Slovenia’s
policies on Roma inclusion in education.
Exclusion from primary and pre-school education
"Romani children, they are not interested in physics or mathematics.
They may learn Spanish, because they watch a lot of telenovelas."
A teacher in an elementary school in the Dolenjska region, Slovenia.
Slovenian Romani adults have rarely completed elementary school and are often
illiterate or semi-illiterate.(220) In the school year 2004/05, according to
official sources, 1,547 Romani children were enrolled in Slovenian elementary
schools.(221) Romani children are reported to be enrolled in 40 nursery schools
throughout Slovenia. However, the majority of Romani children do not have
access to pre-school education.(222) Those who do, are mostly integrated in
mixed classes and nursery schools. In the school year 2003/04, 91 Romani
children were reported as attending nursery school groups only for Roma.(223)
Romani children attending school frequently do not complete all nine years of
compulsory elementary education.(224) However, it is generally accepted that
attendance rates of Romani children in primary education have improved in the
past few years (although this is not reflected in increased attendance rates in
secondary schools and beyond).(225)
Caption
A Romani child from Šentjernej, Slovenia, doing his homework. © Amnesty
International.
The situation in the Dolenjska region appears to be the most problematic. While
in Prekmurje 70 per cent of Romani pupils are reported to attend school
regularly, in Dolenjska the corresponding figure is 39 per cent.(226) Access to
education for "non-autochthonous" Romani children appears to be
particularly difficult, as some of them were "erased" in 1992 (see
above) and their status has not been restored, or they otherwise have no
documents. Although children without a regularized status or without documents
are not usually excluded from elementary schools, it is possible to assume that
some "non-autochthonous" Romani children do not attend school at all,
including because the authorities ignore their existence.(227)
In the Dolenjska region the majority of Romani children, especially girls,
leave primary school as soon as they complete the final year of compulsory
education, without necessarily completing elementary school. The majority of
Roma living in the Novo Mesto area and in the municipalities of Škocjan and
Šentjernej are illiterate.(228) Also, in the Bela krajina region most of the
Romani adults are illiterate; the number of children regularly attending school
is increasing, although here too most do not complete elementary education.
According to information provided to Amnesty International by a local NGO
activist and members of the Romani community in the settlement of Kerinov grm,
near Krško, approximately 40 out 57 Romani children of school age attend
elementary school regularly.(229) Conditions vary greatly in different
municipalities and settlements. In one school in the Dolenjska region, for
example, only one Romani child in the past 25 years is reported to have
completed elementary education.(230) In the Kočevje municipality in south-east
Slovenia, where approximately 500 Roma live, all children are reportedly
included in elementary education, but they attend school only for the nine
years of compulsory education.(231)
Barriers to education
Availability
Although under Slovenian law primary education is compulsory and publicly
financed, the availability of primary education for Romani children is limited
by lack of appropriate training for teachers. Teachers who work with Romani
children in schools and pre-schools seldom receive specific training, including
on Romani culture or language, that would better enable them to pursue the full
integration of Romani children in school and would reduce negative stereotyping
and low expectations for Romani children (see below).(232) Existing initiatives
by local educational authorities, or conducted in the framework of projects
carried out by NGOs, are still insufficient.(233)
Accessibility
The problems that negatively impact on the accessibility of primary education
for Romani children are several and different. A first set of obstacles is
linked to the poor socio-economic situation of most Roma in Slovenia.(234)
Efforts are made by the Slovenian authorities to provide free meals, textbooks
and transportation to pupils from low-income Romani families. However, the lack
of basic infrastructure, such as distances between settlements and schools,
overcrowding and poor sanitary conditions in the settlements, lack of adequate
clothing, and insufficient financial resources to meet costs associated with
education are often cited by Roma as denying their children the full advantages
of education.(235) It is often reported, for example, that poor material
conditions in the settlements and cold, overcrowded homes prevent Romani pupils
from studying and doing homework. As Roma from the Šentjernej community, not
far from Novo Mesto, put it: "Some of us live in huts. How can the
children do well at school?"(236) Without appropriate clothing, Romani
children may be unable to go to school in winter. Poor clothing may also make
Roma instantly "recognizable" in schools and stigmatized as a result.
In those cases where schools report pupils who have not completed compulsory
education because they do not attend school regularly, social workers can
intervene through "informal" contacts with the families or, as a last
resort, by withdrawing part of the family’s social welfare allowance.(237)
While this approach has produced some positive results, not all social work
centres have sufficient resources to deal with the range of social problems
affecting Romani communities, including access to education. The Centre for
Social Work in Novo Mesto, for instance, employs one person working with a population
of 1,127 Roma, scattered across 17 settlements and towns.
Racism and discrimination continue to play an important role in denying Romani
children full access to education. Romani children may be placed in schools for
children with special needs or segregated in "Roma only" classes and
groups where only a reduced curriculum is followed.
In Slovenia, Romani children are over-represented in schools with an adapted
programme for children with mental disabilities. The Advisory Committee on the
FCNM, noted that, despite improvements, the practice of undue placement of
Romani children in schools for children with special needs has not been
completely abolished.(238) In 2004/05 more than 8 per cent of Romani children
in elementary education were placed in special schools, compared to slightly
more than 1 per cent for non-Roma.(239)
A report by the Open Society Institute (OSI) points out that Romani children
are almost 10 times more likely to be diagnosed with mild intellectual
disabilities than non-Romani children.(240) Such a diagnosis would generally
lead to the placement of children in special schools. Children attending such
schools then have little chance of continuing their education in mainstream
secondary schools.(241) Research conducted in Slovenia has shown that poor
command of the Slovene language, the socio-economic background of the family,
and even the external appearance of the child, can play a role in the
misdiagnosis of Romani children as children with special needs.(242) Negative
stereotypes and expectations about the potential of educational achievement of
Roma also appear to be factors in the over-representation of Romani children in
Slovenian special schools. Some teachers working in schools with a significant
Romani presence express the view, including in interviews with Amnesty
International delegates, that placing Romani children in special schools is in
fact beneficial, as it provides them with more individual attention and
targeted work.
In support of segregation in "Roma only" classes, teachers working
with Roma usually cite the children’s lack of knowledge of the Slovene
language, their lower level of social skills, and low expectations of their
performance.
In 2001, for example, the primary school in Leskovec was reported as segregating
Romani children of nursery school age and in the first four grades of
elementary school in a separate wooden building, where they reportedly followed
a reduced curriculum.(243) Members of the local Romani community told Amnesty
International that the situation in the Leskovec elementary school had
improved, but that racist harassment of Romani children had been common a few
years earlier.(244)
The segregation of Roma in separate classes has been introduced in primary
schools as a "catch-up measure", and the Bršljin elementary school
was reported as preparing its own integration programme, including a set of low
standard, "specially adapted" learning objectives for Romani
children.(245) The Council of Europe Commissioner for Human Rights, reporting
on a visit in 2003 to Slovenia, noted that:
"According to
reports that I received, many Roma children continue to be placed in special
classes for children with special needs, and some schools have special Roma
classes. The Act on Organizing and Financing of Education states: ‘[s]pecial
criteria and standards shall be determined for education of:… Romany children’
and the Preschool Institutions Act talks about ‘classes of Romany children’.
Although I was informed that these provisions were introduced with good
intentions mainly to overcome language barriers, the manner in which they are
implemented may aggravate the exclusion of Roma children and carries a risk of
discrimination. Being subjected to special classes often means that these
children follow a curriculum inferior to those of mainstream classes, which
diminishes their prospects for further education and eventually, for finding
employment in the future".(246)
Since the school year 2003/04 the Slovenian
educational authorities, as a matter of general policy, have endorsed the
creation of mixed classes.(247) In addition, the 2004 Strategy for the
Education of Roma in the Republic of Slovenia rejected segregation in the
education of Romani pupils. However, despite improvements, separate classes and
groups have in practice not been eliminated. (248)
In March 2005, after protests by parents of non-Romani children at the numbers
of Romani pupils attending the Bršljin elementary school in Novo Mesto, the
Slovenian Ministry of Education and Sport decided to create special separated
classes at the school in certain subjects for Romani children only. Following
appeals by parents of Romani pupils and NGOs, including Amnesty International,
the Minister of Education retracted his initial proposal and reportedly suggested
that different classes could be created on the basis of the pupils’ knowledge
and performance in school.(249)
This led to the development of the so-called "Bršljin model", which
has been implemented at the Bršljin elementary school in Novo Mesto, providing
for the creation of separated groups in certain subjects. According to
information Amnesty International has received from the school, separate groups
in three subjects – Slovene, foreign languages and mathematics – are formed for
pupils who do not perform sufficiently well. These special groups are intended
to provide further help to pupils who experience difficulties in the three
subjects and, at least in theory, would allow pupils to return to the
mainstream groups after a "catching-up" period. Teachers in Bršljin
admit that such groups are composed mostly, and in some cases only, of Romani
pupils. In the school year 2005/06, the school reported having 687 pupils, of
whom 78 were Roma.(250)
Such a model has been criticized in Slovenia for being in effect a continuation
of the old segregation approach. An open letter signed by a number of Slovenian
experts in education pointed in particular to the dangers of segregation at an
early age. Similar criticism has been levelled by the Council of Europe
Commissioner for Human Rights, who stated in his report published in 2006:
"It is of concern that the model currently implemented in Brsljin
represents a step back from the already achieved levels of integration and
falls short of the impressive ambitions contained in the national strategy [for
the Education of Roma in the Republic of Slovenia]". The Commissioner
recommended that the implementation of the Bršljin model be revised, in
consultation with experts on education and Romani representatives.(251) The
Bršljin model is currently being evaluated by the Slovenian education
authorities and a decision on its further implementation, including in other
Slovenian schools, will be made when such evaluation is completed. This is
expected to happen in January 2007.(252)
The Bršljin school, where the model is currently being tested, has a history of
segregating Romani pupils and tensions between Roma and non-Roma. It has not
been a successful example of the integration of Romani pupils in education: as
admitted by teachers at the school, only three Romani pupils have successfully
completed elementary education in the history of the school.(253) Low
expectations about Romani children were evident when Amnesty International
delegates visited the school. Teachers said that they did not expect a single
Romani pupil, out of 78 in the school, to complete elementary education, and
that Romani children were not interested in subjects such as mathematics or
physics. The creation of separate classes and groups for Roma, including in the
implementation of the Bršljin model, thus appears to be motivated by negative
stereotypes.
Acceptability
Protests by non-Romani parents against the full integration of Roma in schools
are indicative of racism and discrimination against Roma in the non-Romani
population, including pupils at school and their families. Negative
stereotyping by teachers results in low expectations of Romani children and
other discriminatory attitudes and behaviour. Referring to the extra attention
required by Romani pupils, one teacher from a school in the Dolenjska region
told Amnesty International: "[Romani] children – like [Romani] adults –
always want something". Such discrimination violates the right of Romani
children to have access to education and the benefits it accords.
Roma in Kerinov grm told Amnesty International that intolerance towards Romani
children and racist bullying are still reported, mostly from non-Romani
children although one Romani mother said her child was beaten by a teacher in
the local elementary school.(254) Romani parents from Šentjernej told Amnesty
International: "When our children do something wrong, they are taken out
of class and left with someone who is not a teacher for hours".(255)
A matter of concern in general is the failure to include Romani culture and
traditions in school curricula, available to all children. The strategies
adopted to include Romani children in education have so far mostly been based
on assimilation, rather than on multicultural integration.(256) The aspects of
the Strategy for the Education of Roma in the Republic of Slovenia envisaging
the introduction of multicultural curricula in schools remain to be
implemented. Instead, old textbooks and teaching materials "for
Roma", in use in the old eight-year elementary school system that was
gradually replaced from 1999/2000, are reportedly still being employed in some
schools, although some contain a reduced curriculum.
Some activities are organized by schools with the aim of including Romani
culture, or aspects of it, as part of pre-school and elementary education.
However, such activities appear to depend on the initiative of individual
schools or teachers, and are often limited to activities organized around
International Roma Day or to the playing and singing of Romani songs and music.
A pupil from the Kerinov grm settlement, for instance, told Amnesty
International that, "apart from what we do on the Roma Day, there is
nothing on our culture in school".(257) As is clear from other contexts,
occasional "cultural celebrations" alone do not transform an
exclusive curriculum into an inclusive one.(258)
In Slovenian history books, for instance, Roma are reported to be barely
mentioned, except for some references to the organized persecutions they
suffered at the hands of the Nazi regime.(259) In fact, a study found only
three references to Roma in all books used in Slovenian schools, one of which
reportedly drew a parallel between the word "Gypsy" and
"thief".(260)
The virtual absence of Romani culture and history from Slovenian primary school
curricula is in contrast with the teaching and curricula, including in their
own language, available to pupils belonging to the Italian and Hungarian
minorities. The Roma, as a minority without a "kin-state", are
disadvantaged in comparison with other ethnic minorities in Slovenia.
Adaptability
Linguistic barriers make it significantly more difficult for Romani pupils to
integrate in schools when, for instance, they have only a very basic knowledge
of the Slovene language. Despite the fact that the Strategy for the Education
of Roma in the Republic of Slovenia envisages the inclusion of Romani children
in pre-school education at least two years before attending elementary school,
the number of Romani children who have access to pre-school education remains
low.(261) This translates into significantly greater difficulties for those
Romani pupils when they start attending elementary school, including because of
their insufficient knowledge of the Slovene language. Approximately 30 per cent
of Romani children who reach school age are estimated as having a very limited
command of Slovene.(262) Indeed, the children’s lack of knowledge of Slovene is
one of the obstacles to their integration in primary education most often cited
by Roma. Romani parents in Kerinov grm, for instance, told Amnesty
International: "Our children go to school and sometimes do not understand
what the teacher is talking about".(263) One child, now successfully
attending the eighth grade of elementary school, told Amnesty International:
"With the [Slovene] language, it was difficult… I didn’t receive any help.
I did it all by myself".(264)
The inclusion of Romani language in school and pre-school curricula in areas
with a significant Romani presence would be a step towards helping Romani
children overcome existing language barriers and providing a truly
multicultural education. Yet measures for the inclusion of Romani language in
education, outlined in the Strategy for the Education of Roma in the Republic
of Slovenia, mostly remain unimplemented.
Since 2003, the Slovenian authorities have financed a project aimed at the
standardization of the two main variants of the Romani languages in Slovenia
spoken in the Dolenjska region and in Prekmurje. The project entails the
creation of two grammar books and of Romani-Slovene and Romani-English
dictionaries for the two variants, and was being completed in June 2006. It
remains to be seen, however, if and to what extent the standardization of
Romani languages spoken in Slovenia will lead to the inclusion of Romani
language in school curricula and to the preparation of textbooks and other
teaching materials. The creation and publication of these materials, given the
limited demand and the poor socio-economic situation of most Roma in Slovenia,
will have to be financed by the Slovenian authorities. It is worth noting that
funding is already provided by the Slovenian authorities to cover the extra
costs associated with the provision of teaching materials in Italian and Hungarian.
However, there is a risk that the lower level of protection for the Roma’s
minority rights, including linguistic rights, than that accorded to other
"autochthonous" communities may result in insufficient efforts
towards including Romani language in teaching materials.(265)
The employment of Romani assistants and coordinators is another way to overcome
linguistic and other barriers to accessing education. They are members of
Romani communities employed to facilitate teaching during lessons, including by
helping pupils with little knowledge of the Slovene language, and to promote
communication between Romani communities and schools. The Strategy for the
Education of Roma in the Republic of Slovenia usefully recommends a programme
at the national level to introduce Romani assistants in schools and nursery
schools. Such a programme should be adequately financed and should also provide
training for those employed as Romani assistants.(266)
As yet, Romani teaching assistants have not been incorporated in a systematic
and comprehensive way in the Slovenian school system. The Council of Europe
recently published a report on Romani school mediators and assistants in
Europe, compiled on the basis of questionnaires sent in 2005 to the educational
authorities and Romani NGOs in a number of European countries. The Slovenian
authorities were reported to have responded negatively to a question asking
whether the educational system employed members of Romani communities "to
facilitate communication between teachers and Roma/Gypsy families and/or to
improve access to school and increase the chances of success at school for
Roma/Gypsy children".(267) However, on an ad hoc basis, on the
initiative of schools or through projects financed by international donors,
Romani assistants have been employed in some Slovenian schools.(268)
Research in Slovenia has shown that the work of existing Romani assistants can
be one of the most important factors in the successful integration of Romani
children.(269) The same research, conducted in the framework of an evaluation
of the activities of Roma Education Initiative projects, concluded that more
attention should be paid to the training and education of Romani assistants,
who should be fully included in schools’ teaching staff and whose roles and
position should be regulated by law.(270) The full job descriptions and other
regulatory instruments defining the roles of Romani assistants and coordinators
were still in preparation as of October 2006.
Conclusions and recommendations
The exclusion of Romani children from primary education in Slovenia and
continuing discrimination against Roma in schools constitute human rights
violations, both a product of and a contributing factor to marginalization of
Romani communities. In particular, the so-called "non-autochthonous"
Roma enjoy little or no protection of their minority rights, despite their
marginalization, placing them in a disadvantaged position even in comparison to
the rest of the Romani communities in Slovenia.
Ethnic discrimination in education violates international human rights
standards as well as Slovenian legislation, and the prohibition of
discrimination in access to education must be applied fully and immediately. In
particular, the Slovenian authorities must ensure that no Romani children are
placed in a special school, class, or group simply because they are Roma. The
Bršljin model should not become an excuse to continue the practice of having
segregated classes for Roma, masked as catch-up classes.
Roma in Slovenia should not only enjoy access to schools where discrimination
has no place. They also have the right to see their language, culture and
identity included as an integral part of the educational process. At the
moment, this is still not happening. Given that language barriers are among the
main obstacles Romani children face in education, the failure to include any
teaching in Romani languages in Slovenian schools has a particularly negative
impact on access to education of Roma.
Despite the adoption in 2004 of the Strategy for the Education of Roma in the
Republic of Slovenia, which endorses the full integration of Romani children in
Slovenian schools and the introduction of Romani language and culture in school
curricula, the authorities have failed to put into practice many of the
measures included in the Strategy. Amnesty International recognizes that the
full inclusion of Romani language and culture in school curricula and teaching
materials is a long-term process. In this respect, the project aimed at the
standardization of languages spoken by Roma in Slovenia is a step in the right
direction. Much more needs to be done, however, to ensure that teaching
materials in Romani and on Romani culture are produced and made available to
pupils, and to train teaching staff, including Romani teachers and teaching
assistants, so as to ensure that teaching in Slovenia becomes truly
multicultural.
Other steps needed to promote Romani children’s full access to education
involve the adoption of special measures aimed at removing some of the
linguistic and other obstacles Roma face when attending primary school. These
should include the introduction of Romani assistants and mediators, as well as
of pre-school programmes, not on an ad hoc basis but rather as part of
Slovenian national educational policies. Amnesty International hopes that the
finalization of the job descriptions for the positions of Romani assistants and
mediators, currently still in preparation, will lead to the full and
comprehensive inclusion of Romani assistants and mediators in Slovenian
schools, on the same basis and with similar contracts as the ones used for
teaching and other school staff.
Other factors, in many respects linked to the socio-economic marginalization of
Romani communities, have led to poor attendance rates for Romani children in
Slovenia. Measures in the area of education should form part of a comprehensive
plan to tackle the discrimination and marginalization Roma suffer in other
areas such as health, housing and employment. Such measures are needed to
ensure that Romani children are not excluded from education simply because they
come from a poor socio-economic background. They include the provision of
material assistance, such as textbooks, meals, transportation and school
allowances to Romani children from low-income families.
Amnesty International’s detailed recommendations to the authorities in Slovenia
include measures to be taken immediately, to prohibit discrimination against
Roma, and further steps that should be taken to include Roma in education and
to promote equality.
Measures to prohibit discrimination against Roma in education
Amnesty International calls on the Slovenian authorities to:
Measures to eliminate discrimination,
include Roma in education and promote equality
Amnesty International calls on the Slovenian authorities to:
5. The role of the international community
In recent years intergovernmental organizations have been promoting, in the
former Yugoslavia and elsewhere, a range of projects and activities with the
objective of reducing discrimination against Roma and enabling them, among
other goals, to have full access to the benefits of education.(271) These
organizations have included UNDP, UNICEF, the World Bank, the OSCE, the EU and
the Council of Europe.(272)
Following a high-level regional conference held in Budapest in July 2003,
Bulgaria, Croatia, the Czech Republic, Hungary, Macedonia, Romania, Serbia and
Montenegro, and Slovakia adopted the Decade of Roma Inclusion, 2005-2015, an
initiative that aims "to reduce disparities in key economic and human
development outcomes for Roma through implementing policy reforms and programs
designed to break the vicious cycle of poverty and exclusion".(273) Its
four priority areas are education, employment, health and housing. Resources to
finance the Decade of Roma Inclusion come from the national budgets of the
countries involved as well as from OSI, the World Bank, the European
Commission, UNDP, OSCE, the Council of Europe, the Council of Europe
Development Bank, and Romani organizations.
While Slovenia and BiH are not part of the Decade of Roma Inclusion, Croatia
has developed an Action Plan (see above), committing itself to improve the
situation of Romani communities in the four priority areas of the Decade of
Roma Inclusion. BiH has reportedly signalled its intention to join the Decade
of Roma Inclusion and in this context the BiH Council of Ministers approved in
July 2005 a Roma Strategy for BiH.
The Budapest conference also resulted in the creation of an international Roma
Education Fund. Technical work for the establishment of the Roma Education Fund
was conducted by the World Bank. In December 2004, at a donors’ conference in
Paris, 34 million Euros (US$43m) for the period 2005-2015 were pledged by
bilateral donors, private foundations and multilateral agencies, the World Bank
and the Council of Europe Development Bank (CEB).(274) The Roma Education Fund
started operating in May 2005, financing projects and research aimed at
supporting the education of Roma, including through the desegregation of
educational systems. As of July 2006, approved projects included one aimed at
financing extra-curricular activities for Romani children in the Tuzla area
(BiH), and one project supporting pre-school and primary education in Croatia.
Recommendations
Amnesty International calls on the elements of the international community
which are in a position to promote or are already promoting the inclusion of
Romani children in education in BiH, Croatia and Slovenia – including the EU,
the Council of Europe, the OSCE, the relevant UN agencies, the World Bank, and
those states active in this area through direct international cooperation or
indirectly through intergovernmental organizations – to:
Amnesty International calls on the EU, in particular,
to:
Abbreviations
BiH Bosnia and Herzegovina
CERD Committee on the Elimination of Racial Discrimination
CESCR Committee on Economic, Social and Cultural Rights
CRC Convention on the Rights of the Child
ECHR European Convention for the Protection of Human Rights and Fundamental
Freedoms
ECRI European Commission against Racism and Intolerance
ERRC European Roma Rights Centre
EU European Union
EUMC European Monitoring Centre on Racism and Xenophobia
FBiH Federation of Bosnia and Herzegovina
FCNM Council of Europe Framework Convention for the Protection of National
Minorities
HRC Human Rights Committee
ICESCR International Covenant on Economic, Social and Cultural Rights
MRG Minority Rights Group
NGO Non-governmental organization
ODIHR OSCE Office for Democratic Institutions and Human Rights
OSCE Organization for Security and Co-operation in Europe
OSI Open Society Institute
RS Republika Srpska
SFRY Socialist Federal Republic of Yugoslavia
UDHR Universal Declaration of Human Rights
UN United Nations
UNDP United Nations Development Programme
UNESCO United Nations Educational, Scientific and Cultural Organization
UNICEF United Nations Children’s Fund
********
(1) Committee on the Elimination of Racial Discrimination (CERD) Reports
Submitted by States Parties Under Article 9 of the Convention.
(2) UN Committee on Economic, Social and Cultural Rights (CESCR), The Right to
Education, General Comment 13, E/C.12/1999/10, 8 December 1999 (hereafter CESCR
General Comment 13).
(3) Interviews with members of the Romani community in Šentjernej, 20 March
2006.
(4) Latham, Judith, "Roma of the former
(5) European Roma Rights Centre (ERRC), The Non-Constituents: Rights Deprivation
of Roma in Post-Genocide Bosnia and Herzegovina, Country Report Series, No. 13,
February 2004, p. 30 (hereafter ERRC, The Non-Constituents, 2004). Scholarly
estimates on the total number of Roma and Sinti killed by the Nazis and their
allies range from 220,000 to 500,000.
(6) Amnesty International uses the term minority to refer to non-dominant
ethnic, religious or linguistic communities who may not necessarily be
numerical minorities. The existence of a minority should be determined
according to reasonable and objective criteria. Membership of a minority should
be by choice and self-identification.
(7) Silverman, Carol, "Persecution and Politicization: Roma (Gypsies) of
(8) Latham, Judith, "Roma of the former
(9) Silverman, Carol, "Persecution and Politicization: Roma (Gypsies) of
(10) ERRC, The Non-Constituents, 2004, p. 34.
(11) Talks on a Stabilization and Association Agreement between the EU and BiH
opened in November 2005.
(12)
(13)
(14)
(15)
(16) CESCR, The nature of States parties obligations, General comment 3,
E/1991/23, 14 December 1990, para. 4.
(17) CESCR General Comment 13, para. 57.
(18) UN Commission on Human Rights, Preliminary report of the Special
Rapporteur on the right to education, Ms. Katarina Tomaševski, submitted in
accordance with Commission on Human Rights resolution 1998/33,
E/CN.4/1999/4913, January 1999; CESCR General Comment 13, para. 6.
(19) CESCR, Plans of action for primary education, General Comment 11,
E/C.12/1999/4, 10 May 1999, para. 6.
(20) Article 28[1] provides that "With a view to achieving [the right to
education] progressively and on the basis of equal opportunity, [states
parties] shall, in particular…take measures to encourage attendance at schools
and [reduce] drop-out rates".
(21) See ICESCR, Article 2[2]; CRC, Article 2[1]. Protocol 12 to the ECHR
contains a general prohibition of discrimination in the enjoyment of any right
set forth by law (Article 1). Slovenia signed Protocol 12 to the ECHR on 7
March 2001. Croatia and BiH ratified it on 3 February 2003 and 29 July 2003,
respectively. Protocol 12 to the ECHR entered into force in those countries
that ratified it on 1 April 2005. The Revised European Social Charter, to which
Slovenia is a party, recognizes in Article 17 that "[w]ith a view to
ensuring the effective exercise of the right of children and young persons to
grow up in an environment which encourages the full development of their
personality and of their physical and mental capacities, the Parties undertake,
either directly or in co-operation with public and private organisations, to
take all appropriate and necessary measures designed:… to provide to children
and young persons a free primary and secondary education as well as to
encourage regular attendance at schools".
(22) CESCR General Comment 13, paras. 31, 34 and 35.
(23) CESCR General Comment 13, para. 6.
(24) CERD, Discrimination against Roma, General Recommendation 27, Contained in
A/55/18, Annex V, 16 August 2000, paras. 17 and 18.
(25) Supreme Court of the United States, Brown v. Board of Education of Topeka,
17 May 1954, 347 US 294. In this landmark case, arising from the exclusion of a
black child from an all-white school in Kansas, the US Supreme Court ruled that
segregated schools were illegal. The decision marked an important step in the
promotion of the civil rights of black people in the US and reversed a previous
1896 decision of the US Supreme Court holding that legally enforced segregation
was constitutional as long as facilities for blacks were not inferior to those
for whites (Supreme Court of the United States, Plessy v. Ferguson, 18 May
1896, 163 US 537).
(26) Article 2 provides that separate but equivalent education according to
sex, voluntary separate schools according to language, religion in keeping with
the wishes of parents, and private educational institutions of a not inferior
standard are not prohibited by the Convention.
(27) BiH, Croatia and Slovenia became parties to the UNESCO Convention against
Discrimination in Education by succession from the SFRY on 5 November 1992, 6
July 1992 and 17 July 1993, respectively.
(28) European Court of Human Rights, Kjeldsen, Busk Madsen and Pedersen v.
Denmark, Report of 21 March 1975
(29) UDHR, Article 26[1]; ICESCR, Article 13[1]; CRC, Article 29[1].
(30) ICESCR, Article 13[1]; CESCR General Comment 13, para. 4.
(31) CESCR General Comment 13, para. 6.
(32) CRC, Article 29[1].
(33) BiH, Croatia and Slovenia became parties to the FCNM on 25 March 1998, 11
October 1997 and 24 February 2000, respectively.
(34) FCNM, Article 12.
(35) For a discussion of minorities with a "kin-state" and their
preferential treatment, see European Commission for Democracy through Law
(Venice Commission), Report on the Preferential Treatment of National
Minorities by Their Kin-State, CDL-INF (2001) 19, 22 October 2001. The report
concludes that "the circumstance that part of the population is given a
less favourable treatment on the basis of their not belonging to a specific
ethnic group is not, of itself, discriminatory, nor contrary to the principles
of international law", provided that the difference in treatment is
reasonable and objective, based on legitimate aims and on a reasonable relation
of proportionality between the legitimate aim pursued and the means employed to
obtain it.
(36) See for example, Advisory Committee on the FCNM, Opinion on Armenia,
ACFC/INF/OP/I(2003)001, 16 May 2002.
(37) CRC, Article 3[1].
(38) FCNM, Article 14[2]: "In areas inhabited by persons belonging to
national minorities traditionally or in substantial numbers, if there is
sufficient demand, the Parties shall endeavour to ensure, as far as possible
and within the framework of their education systems, that persons belonging to
those minorities have adequate opportunities for being taught the minority
language or for receiving instruction in this language".
(39) International Convention on the Elimination of All Forms of Racial
Discrimination, Article 2[2].
(40) FCNM, Article 4[2], 12[3].
(41) Adopted by the European Council in June 1993.
(42) Council Directive 2000/43/EC, 29 June 2000.
(43) ERRC, The Non-Constituents, 2004, pp. 32-33; FBiH Council of Roma,
Comments on the Implementation of the Framework Convention on the Protection of
National Minorities in Bosnia and Herzegovina, October 2004.
(44) ERRC, The Non-Constituents, 2004, p. 49.
(45) Which saw the involvement of the Yugoslav People’s Army (Jugoslovenska
narodna armija) and Bosnian Serb forces, Bosniak (Bosnian Muslim) and Bosnian
Croat forces.
(46) ERRC, The Non-Constituents, 2004, p. 49.
(47) Council of Europe Fact-Finding Mission to Bosnia-Herzegovina on the
Situation of the Roma/Gipsies (16-21 May 1996), Conclusions of the Mission and
Recommendations, 10 August 1996, para. 2.
(48) Advisory Committee on the FCNM, Opinion on Bosnia and Herzegovina,
ACFC/INF/OP/I(2005)003, 27 May 2004, Paragraph 44.
(49) See www.oscebih.org, accessed on 5 June 2006: this figure was determined
during a joint fact-finding project by the OSCE High Commissioner on National
Minorities and the Council of Europe.
(50) FBiH Council of Roma, Comments on the Implementation of the Framework
Convention on the Protection of National Minorities in Bosnia and Herzegovina,
October 2004.
(51) The FBiH is further divided into 10 autonomous cantons. The Brčko District
was given a special status as a single administrative unit of local
self-government under the sovereignty of the BiH state and international
administration, after international arbitration settled its constitutional
status in 1999.
(52) ERRC, The Non-Constituents, 2004, p. 20.
(53) ERRC, The Non-Constituents, 2004, p. 195; Save the Children UK, Denied a
Future, Volume 1, 1 December 2001, p. 53 (hereafter Save the Children UK,
Denied a Future).
(54) Some Romani settlements were completely or almost destroyed during the
war. For instance, the settlement of Jasenje in the Ugljevik Municipality (RS),
which had 125 houses, was almost completely destroyed. Many of its inhabitants
are still internally displaced in the surrounding region. Interview with
Muradif Beganović, President, Bijelijina-Teočak Roma Association, 1 April 2006.
(55) ECRI, Report on Bosnia and Herzegovina CRI (2005) 2, 25 June 2004, para.
61. Similar concerns were raised by the CESCR, when considering BiH’s
implementation of the ICESCR. See CESCR, Bosnia and Herzegovina: Concluding
Observations of the Committee on Economic, Social and Cultural Rights,
E/C.12/BIH/CO/1, 26 January 2006, para. 25.
(56) See for example CERD, Concluding observations of the Committee on the
Elimination of Racial Discrimination. Bosnia and Herzegovina, CERD/C/BIH/CO/6,
11 April 2006, para. 17.
(57) Interview with Indira Bajramović, President, Roma Association Better
Future Tuzla, 30 March 2006.
(58) OSCE Mission to BiH, Report on Roma Informal Settlements in Bosnia and
Herzegovina, 22 May 2005, pp. 6-7.
(59) See also ERRC, The Non-Constituents, 2004, pp. 147 and ff.
(60) UNDP, At Risk: Roma and the Displaced in Southeast Europe, 2006, p. 18. A
daily income of 4.3 US dollars is the generally accepted poverty threshold for
developed countries, calculated according to purchasing power parity.
(61) See web.worldbank.org, accessed on 16 August 2006. Official unemployment
figures for BiH are at approximately 40 per cent. However, this figure is
estimated as being exaggerated, given the significant proportion of the
population employed in the unofficial "grey economy".
(62) Council of Europe, European Commission, OSCE Office for Democratic
Institutions and Human Rights (ODIHR), Stability Pact for South Eastern Europe,
Report on The Council of Europe Project "Roma Access to Employment in
SEE": Croatia, Bosnia and Herzegovina Serbia and Montenegro, and "the
former Yugoslav Republic of Macedonia", April 2005
(63) ECRI, Report on Bosnia and Herzegovina CRI (2005) 2, 25 June 2004, para.
64.
(64) See www.oscebih.org, accessed on 17 August 2006.
(65) These human rights agreements are: Convention on the Prevention and
Punishment of the Crime of Genocide; Geneva Conventions I-IV on the Protection
of the Victims of War, and the Geneva Protocols I-II thereto; ECHR and the
Protocols thereto; Convention relating to the Status of Refugees and the
Protocol thereto; Convention on the Nationality of Married Women; Convention on
the Reduction of Statelessness; Convention against Racial Discrimination;
International Covenant on Civil and Political Rights and the Optional Protocols
thereto; ICESCR; Convention on the Elimination of All Forms of Discrimination
against Women; Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; European Convention on the Prevention of Torture and
Inhuman and Degrading Treatment or Punishment; Convention on the Rights of the
Child; 1990 Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families; European Charter for Regional or Minority
Languages; and FCNM.
(66) For a comprehensive examination of the problem, see ERRC, The
Non-Constituents, 2004, Chapter 5.
(67) Advisory Committee on the FCNM, Opinion on Bosnia and Herzegovina,
ACFC/INF/OP/I(2005)003, 27 May 2004, para. 25.
(68) See for example OSCE Mission to BiH, Raising Debate: Is BiH Respecting its
International Commitments in the Field of Education. Questions for the Citizens
of BiH, April 2005.
(69) In its concluding observations issued in April 2006, the CERD expressed
concern at the fact that the Roma Council "does not have sufficient
funding or resources to fulfil its mandate, and is rarely consulted by the Council
of Ministers of Bosnia and Herzegovina". See CERD, Concluding observations
of the Committee on the Elimination of Racial Discrimination. Bosnia and
Herzegovina, CERD/C/BIH/CO/6, 11 April 2006, para. 14.
(70) Minority Rights Group (MRG), Bosnia and Herzegovina: National Minorities
and the Right to Education, June 2006, pp. 2 and 3; Save the Children UK,
Uskraćena budućnost? 2001-2006, 2006, p. 75 (hereafter Save the Children UK,
Uskraćena budućnost?); interview with Nedžad Jusić, President, Association Euro
Rom, 30 March 2006.
(71) Task Force on the Educational Needs of Roma and Other National Minorities,
Action Plan on the Educational Needs of Roma and Members of Other National
Minorities in Bosnia and Herzegovina, February 2004, pp. 7-13 (hereafter Task
Force, BiH Action Plan).
(72) Their role is envisaged as that of a link with the Romani community, in
order to improve dialogue between school authorities and families.
(73) Ibidem, p. 11.
(74) Telephone interview with Lejla Hadžimešić, Roma Officer, OSCE Mission to
BiH, 24 August 2006.
(75) BiH Ministry for Human Rights and Refugees and the Roma Council at the BiH
Council of Ministers, Roma Strategy of Bosnia and Herzegovina, November 2005,
83.
(76) CERD, Concluding observations of the Committee on the Elimination of
Racial Discrimination. Bosnia and Herzegovina, CERD/C/BIH/CO/6, 11 April 2006,
para. 15.
(77) Reports Submitted by States Parties Under Article 9 of the Convention.
Bosnia and Herzegovina. CERD/C/464/Add.1, 2 September 2005, para. 113.
(78) Organisation for Economic Co-operation and Development, Education Policies
for Students at Risk
and those with Disabilities in South Eastern Europe, 2006, p. 51; Save the
Children UK, Denied a Future, Volume 1, p. 59.
(79) Save the Children UK, Denied a Future, Volume 1, pp. 47 and 75.
(80) Implementation of the International Covenant on Economic, Social and
Cultural Rights, Initial reports submitted by States parties under articles 16
and 17 of the Covenant, Addendum, Bosnia and Herzegovina, E/1990/5/Add.65, 3
February 2005, para. 622.
(81) Council of Europe, Report Submitted by Bosnia and Herzegovina Pursuant to
Article 25, para. 1 of the Framework Convention for the Protection of National
Minorities, ACFC/SR(2004)001, 20 February 2004, p. 57. The same rate of
attendance for Romani children is also quoted in BiH Ministry of Civil Affairs,
Education Development in Bosnia and Herzegovina – National Report, Report
prepared for the 47th session of the International Conference on Education,
Geneva, 8-11 September 2004, p. 9. In its concluding observations on BiH, the
CESCR expressed "its grave concern about the fact that 80 per cent of
Romani children do not attend school". See CESCR, Bosnia and Herzegovina,
Concluding Observations of the Committee on Economic, Social and Cultural
Rights, E/C.12/BIH/CO/1, 26 January 2006, para. 29. Similar concerns were
raised by the Committee on the Rights of the Child which noted that only 33 per
cent of Romani children attend primary school. See Committee on the Rights of
the Child, Consideration of Reports Submitted by States Parties Under Article
44 of the Convention, Concluding Observations: Bosnia and Herzegovina,
CRC/C/15/Add.260, 21 September 2005, para. 57.
(82) BiH Helsinki Committee for Human Rights, Report on the Status of Human
Rights in Bosnia and Herzegovina (Analysis for the Period January-December
2005), 17 January 2006.
(83) Task Force, BiH Action Plan, pp. 7-13. See also Council of Europe,
European Commission, OSCE, ODIHR, OSCE Mission to BiH, UNICEF Access of Roma to
Education and Health Care Services in Tuzla Canton, Federation of Bosnia and
Herzegovina. December 2001-January 2002, 2002.
(84) See for example, "Nijedno dijete ne ide u školu", Nezavisne
Novine, 10 April 2006.
(85) Save the Children UK, Denied a Future, Volume 1, p. 51; interview with
Fikret Vrtagić, Expert Associate for Pre-School and Elementary Education, Tuzla
Canton Ministry for Education, Science, Culture and Sport, 31 March 2006
(hereafter Interview with Fikret Vrtagić, 31 March 2006).
(86) Interview with Fikret Vrtagić, 31 March 2006.
(87) Estimates put the number of Roma in the Tuzla Canton at approximately
13,000. See Council of Europe, European Commission, OSCE, ODIHR, OSCE Mission
to BiH, UNICEF Access of Roma to Education and Health Care Services in Tuzla
Canton, Federation of Bosnia and Herzegovina. December 2001 – January 2002,
2002.
(88) Interview with Rasim Bajrić, Assistant to the Minister, Zenica-Doboj
Canton Ministry of Education, Science, Culture and Sport, 29 March 2006
(hereafter Interview with Rasim Bajrić, 29 March 2006).
(89) Save the Children UK, Denied a Future, Volume 1, p. 62.
(90) FBiH Council of Roma, Comments on the Implementation of the Framework
Convention on the Protection of National Minorities in Bosnia and Herzegovina,
October 2004.
(91) Save the Children UK, Uskraćena budućnost?, p. 57. Here and elsewhere,
data on the ethnicity of pupils may underestimate the real number of Romani
children, as in some cases Romani parents choose not to declare themselves as
Roma. Interview with Dragana Džomba, teacher, "Kreka" elementary
school Tuzla, 30 March 2006 (hereafter Interview with Dragana Džomba, 30 March
2006); interview with Nedžad Jusić, President, Association Euro Rom, 30 March
2006.
(92) Save the Children UK, Uskraćena budućnost?, pp. 59 and 78.
(93) Interview with Mirsad Sejdić, President, Romani Youth Initiative Kakanj,
29 March 2006.
(94) Save the Children UK, Uskraćena budućnost?, p. 80.
(95) ERRC, The Non-Constituents, 2004, pp. 83-84.
(96) Save the Children UK, Uskraćena budućnost?, p. 51.
(97) FBiH Council of Roma, Comments on the Implementation of the Framework
Convention on the Protection of National Minorities in Bosnia and Herzegovina,
October 2004.
(98) Save the Children UK, Uskraćena budućnost?, pp. 74 and 83; interview with
Dragana Džomba, 30 March 2006.
(99) Task Force, BiH Action Plan, p. 5
(100) Interview with Srđan Dizdarević, President, BiH Helsinki Committee for
Human Rights, 28 March 2006.
(101) Interview with teachers at the "Mejdan" elementary school in
Tuzla, 30 March 2006. The school is attended by 42 Romani pupils, out of a
total of 405.
(102) Interview with Dragana Džomba, 30 March 2006. "Kreka"
elementary school Tuzla is attended by 63 Romani pupils out of a total of about
500. This number however appears to be underestimating the true number of
Romani pupils, as some Romani people do not declare themselves as Roma.
(103) Interview with Indira Bajramović, President, Roma Association Better
Future Tuzla, 30 March 2006.
(104) Interview with Salko Musić, President, Romano Centro Zenica, 29 March
2006.
(105) Interview with teachers at the "Musa Ćazim Ćatić" elementary
school in Zenica, 29 March 2006. The school is attended by 37 Romani pupils out
of a total of approximately 420.
(106) Interview with Mirsad Sejdić, Romani Youth Initiative Kakanj, President,
29 March 2006.
(107) Interview with Rasim Bajrić, 29 March 2006.
(108) Interview with Fikret Vrtagić, 31 March 2006.
(109) Interview with Dragana Džomba, 30 March 2006.
(110) Save the Children UK, Uskraćena budućnost?, p. 75.
(111) See OSCE Mission to BiH, Report on the Roma Civil Registration
Information Campaign, September 2005, on an information campaign targeting
Romani communities and other relevant actors. The campaign was conducted in
conjunction with a local legal aid NGO, Your Rights (Vaša Prava).
(112) ECRI, Report on Bosnia and Herzegovina CRI (2005) 2, 25 June 2004, para.
61.
(113) Interview with teachers at the "Hasan Kikić" elementary school
in Sarajevo, 28 March 2006. The school is attended by 46 Romani pupils, out of
a total of approximately 300.
(114) Interview with Nedžad Jusić, President, Association Euro Rom, 30 March
2006.
(115) Interviews with members of the Romani community, Zenica, 29 March 2006.
(116) See www.unicef.org, accessed on 4 September 2006.
(117) ERRC, The Non-Constituents, 2004, pp. 189 and ff.
(118) ECRI, Report on Bosnia and Herzegovina CRI (2005) 2, 25 June 2004, para.
66.
(119) MRG, Bosnia and Herzegovina: National Minorities and the Right to
Education, June 2006, pp. 2 and 3.
(120) Interview with Rasim Bajrić, 29 March 2006.
(121) Interviews with members of the Romani community, Zenica, 29 March 2006.
(122) Interviews with Osman Biberović, President, Association Happy Roma, 30
March 2006; Dragana Džomba, 30 March 2006; Nedžad Jusić, President, Association
Euro Rom, 30 March 2006; and Dervo Sejdić, Roma Officer, OSCE Mission to BiH,
27 March 2006.
(123) Interview with teachers at the "Mejdan" elementary school in
Tuzla, 30 March 2006.
(124) Save the Children UK, Uskraćena budućnost?, p. 49; interview with
teachers at the "Hasan Kikić" elementary school in Sarajevo, 28 March
2006.
(125) Interview with Jasmina Beganović, Officer for Roma Issues in Zenica, 29
March 2006.
(126) See Save the Children UK, Uskraćena budućnost?, p. 61.
(127) Nezavisne Novine, "Nema nastave na Romskom jeziku", 20 March
2006.
(128) Thousands of Serbs, Jews and political opponents to the ustaša regime
were also killed there.
(129) ECRI, Third report on Croatia, CRI(2005)24, 17 December 2004, para. 136;
Croatian Government, Nacionalni program za Rome, p. 2; Roma Education Fund,
Needs Assessment Study for the Roma Education Fund, Background Paper, Croatia,
29 November 2004, p. 3 (hereafter Roma Education Fund, Needs Assessment Study);
UNDP, Faces of Poverty, Faces of Hope: Vulnerability Profiles for Decade of
Roma Inclusion Countries, 2005, p. 19 (hereafter UNDP, Faces of Poverty, Faces
of Hope).
(130) Government of the Republic of Croatia, Nacionalni program za Rome,
October 2003, p. 8 (hereafter Croatian Government, Nacionalni program za Rome).
This figure probably reflects the number of Roma who speak the Croatian
language only, as most Romani adults in Croatia are reported as being
bilingual.
(131) Croatian Government, Nacionalni program za Rome, p. 62.
(132) Croatian Government, Nacionalni program za Rome, p. 39; Roma Education
Fund, Needs Assessment Study, p. 5. See also Osijek County Office for Regional
Planning (Županjski zavod za prostorno uređenje Osijek), Program aktivnosti i
mjera za unaprjeđenje stanja prostora i okoliša lokacija naseljenih Romima za
Osječko-Baranjsku Županiju, 2004.
(133) See UNDP, Faces of Poverty, Faces of Hope, p. 20.
(134) UNDP, Faces of Poverty, Faces of Hope, p. 21; Council of Europe
Commissioner for Human Rights, Report by Mr Alvaro Gil-Robles, Commissioner for
Human Rights, on His Visit to Croatia 14-16 June 2004, CommDH(2005)3, 4 May
2005, para. 34.
(135) Advisory Committee on the FCNM, Second Opinion on Croatia,
ACFC/INF/OP/II(2004)002, 1 October 2004, para. 29.
(136) See Amnesty International, Briefing to the United Nations Committee on
the Rights of the Child, 37th Session, September 2004, AI Index: EUR
64/003/2004, 5 October 2004.
(137) Advisory Committee on the FCNM, Second Opinion on Croatia,
ACFC/INF/OP/II(2004)002, 1 October 2004, para. 70.
(138) Croatian Government, Nacionalni program za Rome, p. 32.
(139) Croatian Government, Nacionalni program za Rome, p. 35.
(140) Croatian Government, Nacionalni program za Rome, p. 34.
(141) Advisory Committee on the FCNM, Second Opinion on Croatia,
ACFC/INF/OP/II(2004)002, 1 October 2004, para. 129.
(142) See www.romadecade.org, accessed on 26 May 2006.
(143) Government of the Republic of Croatia, Akcijski plan "Desetljeće za
uključivanje Roma 2005-2015", 2005.
(144) Government of the Republic of Croatia, Akcijski plan "Desetljeće za
uključivanje Roma 2005-2015", 2005. The funding allocated by the Croatian
authorities to this end is of 50,000 Croatian kunas, equivalent to
approximately US$9,000.
(145) UNDP, Faces of Poverty, Faces of Hope, p. 20.
(146) Government of the Republic of Croatia, Draft Roma Decade Action Plan,
September 2004.
(147) Council of Europe, Second Report Submitted by Croatia Pursuant to Article
25, para. 1 of the Framework Convention for the Protection of National
Minorities, ACFC/SR/II(2004)002, 13 April 2004, p. 56.
(148) Interviews with members of the Romani community in Gornji Kuršanec, 25
March 2006, and Slobodan Veinović, Department for Social Activities, Čakovec
city administration, 24 March 2006.
(149) Interviews with teachers at Držimurec-Strelec and Macinec Elementary
Schools, 24 March 2006.
(150) UNESCO International Bureau of Education, Croatia. Early Childhood Care
and Education (ECCE) programmes, 2006.
(151) Information from UNDP Croatia.
(152) Council of Europe, Second Report Submitted by Croatia Pursuant to Article
25, para. 1 of the Framework Convention for the Protection of National
Minorities, ACFC/SR/II(2004)002, 13 April 2004, p. 43. Two hundred Romani
pupils were reported to be attending secondary schools.
(153) Croatian Government, Nacionalni program za Rome, p. 31.
(154) For Romani children at the age of eight the estimated attendance rate is
100 per cent. This appears to suggest that some Romani children start attending
school later than non-Roma.
(155) UNDP, Faces of Poverty, Faces of Hope, p. 22.
(156) UNDP, Faces of Poverty, Faces of Hope.
(157) Interviews with teachers at Kuršanec and Macinec Elementary Schools, 24
March 2006.
(158) Government of the Republic of Croatia, Draft Roma Decade Action Plan,
September 2004.
(159) OSI Croatia, Roma Education Pilot – Project Beli Manastir, Report of the
Evaluation and Monitoring Team for the academic year 2004/2005, September 2005;
information from UNDP Croatia on the situation in the Sisak-Moslavina County.
(160) Interviews with Kuršanec and Macinec Elementary Schools teachers, 24
March 2006.
(161) Interviews with Romani children attending the Macinec Elementary School,
25 March 2006.
(162) Information from UNDP Croatia on the situation in the Sisak-Moslavina
County. Interview with Renata Sever, Social Worker, Čakovec Centre for Social
Work, 24 March 2006.
(163) Interviews with Romani children attending the Macinec Elementary School,
25 March 2006.
(164) See also Save the Children UK, Denied a Future, Volume 1, p. 126.
(165) Roma Education Fund, Needs Assessment Study, p. 22.
(166) Interviews with Bajro Bajrić, President of the Roma for Roma association,
22 March 2006, and Josip Balog, President of the Romani National Minority
Council, Podturen Munipality, 25 March 2006.
(167) Roma Education Fund, Needs Assessment Study, p. 22.
(168) Save the Children UK, Denied a Future, Volume 1, p. 128.
(169) Interviews with school administration officials in the Međimurje County,
June 2004. See also Branimir Pleše, "Racial Segregation in Croatian
Primary Schools: Romani Students Take Legal Action", Roma Rights Quarterly
3-4/2002; Bojan Munjin, "Kako odgojiti odgojitelje ili Romi ne spadaju u
Lepoglavu", Zarez, No. 102, 10 April 2003.
(170) Branimir Pleše, "Racial Segregation in Croatian Primary Schools:
Romani Students Take Legal Action", Roma Rights Quarterly 3-4/2002.
(171) Information provided to Amnesty International by the complainants’ legal
representative. See also ERRC, Legal Action in Croatian School Segregation
Case, www.errc.org, accessed on 9 August 2006.
(172) See ERRC, Legal Action at the European Court of Human Rights Challenges
Racial Segregation in Primary Schools, www.errc.org, accessed on 9 August 2006.
The ECHR prohibits torture or inhuman or degrading treatment or punishment
(Article 3); enshrines the right to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by law
(Article 6); provides that "Everyone whose rights and freedoms as set
forth in this Convention are violated shall have an effective remedy before a
national authority notwithstanding that the violation has been committed by
persons acting in an official capacity" (Article 13); prohibits
discrimination and stipulates that "The enjoyment of the rights and
freedoms set forth in this Convention shall be secured without discrimination
on any ground such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national minority,
property, birth or other status" (Article 14). Its Protocol 1 provides
that "no person shall be denied the right to education" (Article 2).
(173) Advisory Committee on the FCNM, Second Opinion on Croatia,
ACFC/INF/OP/II(2004)002, 1 October 2004, paras. 127 and 129.
(174) See for example, US Department of State, Country Reports on Human Rights
Practices 2005: Croatia, 8 March 2006, and European Commission, Croatia 2005
Progress Report, SEC (2005) 1424, which states: "Despite some positive
initial steps since the Opinion to improve the Roma’s disadvantaged position,
serious difficulties remain, not least in the area of education and employment
where discrimination is widespread and the problem of segregation in schools
remains".
(175) Interviews with Romani children attending the Macinec Elementary School,
25 March 2006, and members of the Romani community in Gornji Kuršanec, 25 March
2006.
(176) Nataša Petrinjak, "Djecu bole zaključana vrata", Zarez, No. 88,
26 September 2002.
(177) "Netolerancija", Vjesnik, 14 January 2004.
(178) Interview with representatives of the Croatian Ministry of Science,
Education and Sports, 23 March 2006.
(179) Celebrated on 8 April.
(180) ECRI, Third report on Croatia, CRI(2005)24, 17 December 2004, para. 83.
(181) Council of Europe, Second Report Submitted by Croatia Pursuant to Article
25, para. 1 of the Framework Convention for the Protection of National
Minorities, ACFC/SR/II(2004)002, 13 April 2004, p. 40.
(182) Interviews with members of the Romani community in Gornji Kuršanec, 25
March 2006.
(183) Interview with representatives of the Croatian Ministry of Science,
Education and Sports, 23 March 2006.
(184) Croatian Government, Nacionalni program za Rome, p.31.
(185) Council of Europe, Second Report Submitted by Croatia Pursuant to Article
25, para. 1 of the Framework Convention for the Protection of National
Minorities, ACFC/SR/II(2004)002, 13 April 2004, p. 56.
(186) Advisory Committee on the FCNM, Second Opinion on Croatia,
ACFC/INF/OP/II(2004)002, 1 October 2004, para. 141.
(187) Following pedagogical observation in the first class of elementary school
a score was calculated for each pupil. The average score for Romani children
who had not and had attended pre-school was of 16.6 points and 44 points
respectively (out of a maximum of 80 points). Non-Romani pupils had an average
score of 60 points. See OSI Croatia, Roma Education Pilot – Project Beli
Manastir. Report of the Evaluation and Monitoring Team for the academic year
2004/2005, September 2005.
(188) Interview with Josip Balog, President of the Romani National Minority
Council, Podturen Munipality, 25 March 2006.
(189) OSI Croatia, Roma Education Pilot – Project Beli Manastir, Report of the
Evaluation and Monitoring Team for the academic year 2004/2005, September 2005.
(190) Information from UNDP Croatia on the situation in the Sisak-Moslavina
County.
(191) Council of Europe, Second Report Submitted by Croatia Pursuant to Article
25, para. 1 of the Framework Convention for the Protection of National
Minorities, ACFC/SR/II(2004)002, 13 April 2004, p. 56.
(192) Interview with representatives of the Croatian Ministry of Science, Education
and Sports, 23 March 2006.
(193) Ombudsman of Croatia, Izvješće o radu za 2005. godinu, March 2006, p.
124.
(194) See Council of Europe, The situation of Roma School Mediators and
Assistants in Europe, DGIV/EDU/ROM(2006)3, 2006.
(195) Peace Institute, Institute for Contemporary Social and Political Studies,
Roma in Public Education: Raxen National Focal Point for Slovenia, 2004, p. 7
(hereafter Peace Institute, Roma in Public Education).
(196) See below, for a discussion of the problems associated with the
distinction made by the Slovenian authorities between "autochthonous"
and "non-autochthonous" Roma. See, for example, OSI, Minority
Protection in Slovenia, 2001, p. 495n; Perić, Tatjana "Insufficient:
Governmental programmes for Roma in Slovenia", Roma Rights Quarterly,
2-3/2001; Expert Council for General Education, Strategija vzgoje in
izobraževanja Romov v Republiki Sloveniji, 2004, p. 8 (hereafter Expert Council
for General Education, Strategija); Government of the Republic of Slovenia,
Office for National Minorities, www.uvn.gov.si, accessed on 5 June 2006.
(197) Small Sinti communities are located in the Gorenjska region, in northern
Slovenia.
(198) See www.uvn.gov.si, accessed on 5 June 2006.
(199) Peace Institute, Roma in Public Education, pp. 36 and 37. See also ERRC,
Submission to the Human Rights Committee, 8 July 2005, www.errc.org, accessed
on 6 June 2006.
(200) See www.uvn.gov.si, accessed on 5 June 2006.
(201) Council of Europe Commissioner for Human Rights, Follow-Up Report on
Slovenia (2003-2005), Assessment of the progress made in implementing the
recommendations of the Council of Europe Commissioner for Human Rights,
CommDH(2006)8, 29 March 2006, para. 17.
(202) Republic of Slovenia, Slovenia: National Action Plan on Social Inclusion
(NAP/Inclusion), 2004-2006, p. 20 (hereafter Republic of Slovenia, National
Action Plan on Social Inclusion).
(203) Council of Europe Commissioner for Human Rights, Final Report by Mr
Alvaro Gil-Robles, Commissioner for Human Rights, on the Human Rights Situation
of the Roma, Sinti and Travellers in Europe, CommDH(2006)1, 15 February 2006,
para. 31.
(204) See www.uvn.gov.si, accessed on 5 June 2006.
(205) See Council of Europe Commissioner for Human Rights, Follow-Up Report on
Slovenia (2003 – 2005). Assessment of the progress made in implementing the
recommendations of the Council of Europe Commissioner for Human Rights,
CommDH(2006)8, 29 March 2006, para. 27. See also OSI, Minority Protection in
Slovenia, 2001, pp. 509 and 510.
(206) Republic of Slovenia, National Action Plan on Social Inclusion, p. 19.
(207) Council of Europe Commissioner for Human Rights, Follow-Up Report on
Slovenia (2003 – 2005). Assessment of the progress made in implementing the
recommendations of the Council of Europe Commissioner for Human Rights,
CommDH(2006)8, 29 March 2006, para. 27.
(208) For a discussion of human rights violations suffered by the
"erased" in Slovenia, see Amnesty International, Slovenia: Amnesty
International’s Briefing to the UN Committee on Economic, Social and Cultural
Rights, 35th Session, November 2005, AI Index: EUR 68/002/2005, 28 November
2005.
(209) The law provides for the establishment of a Council for the
Implementation of the Principle of Equal Treatment as well as an Advocate of the
Principle of Equality who can hear cases of alleged discrimination.
(210) See www.uvn.gov.si, accessed on 5 June 2006.
(211) The Advisory Committee on the FCNM, in its second opinion on Slovenia,
noted how "the ‘autochthonous’ character of the population in question,
closely bound up with the principle of territoriality, continues to represent a
key element in the definition of the personal scope of application of the
Framework Convention". See Advisory Committee on the FCNM, Second Opinion
on Slovenia, ACFC/INF/OP/II(2005)005, 26 May 2005, para. 29.
(212) For instance, the Law on Local Self Government (Zakon o lokalni
samoupravi) provides: "In areas inhabited by an autochthonous Romani
community, Roma shall have at least one representative in the municipal
council" (Article 39).
(213) Constitutional Court of the Republic of Slovenia, Decision in case no.
U-I-416/98, 22 March 2001.
(214) Slovenia’s second report on measures to give effect to its obligations
under the FCNM, states that the Romani community "does not have the status
of a national minority in the Republic of Slovenia" but is rather "an
ethnic community or minority which has specific ethnic characteristics
(language, culture and other ethnic features)". See Council of Europe,
Second Report Submitted by Slovenia Pursuant to Article 25, Paragraph 1 of the
Framework Convention for the Protection of National Minorities,
ACFC/SR/II(2004)008, 6 July 2004.
(215) CESCR, Slovenia, Concluding Observations of the Committee on Economic,
Social and Cultural Rights, E/C.12/SVN/CO/1, 25 January 2006, para. 11.
Similarly, the HRC expressed concern about "the difference in the status
between the so-called ‘autochthonous’ (indigenous) and ‘non-autochthonous’
(new) Roma communities" (see HRC, Concluding observations of the Human
Rights Committee: Slovenia, CCPR/CO/84/SVN, 25 July 2005, para. 16).
(216) Advisory Committee on the FCNM, Second Opinion on Slovenia,
ACFC/INF/OP/II(2005)005, 26 May 2005, paras. 12, 22, 31 and 32.
(217) CESCR, Slovenia. Concluding Observations of the Committee on Economic,
Social and Cultural Rights, E/C.12/SVN/CO/1, 25 January 2006, para. 11.
(218) Similarly, a 1995 Programme of Measures to Assist Roma in the Republic of
Slovenia called for the inclusion of Romani children in nursery schools two
years before starting elementary school. See Government of the Republic of
Slovenia, Program ukrepov za pomoč Romom v Republiki Sloveniji, 30 November
1995, p. 2.
(219) Expert Council for General Education, Strategija, p. 33.
(220) Expert Council for General Education, Strategija, pp. 8 and ff.
(221) See www.uvn.gov.si, accessed on 7 June 2006.
(222) European Monitoring Centre on Racism and Xenophobia (EUMC), Roma and
Travellers in Public Education: An overview of the situation in the EU Member
States, May 2006, p. 40.
(223) See Reply of the Republic of Slovenia on the list of issues to be taken
up in connection with the consideration of the second periodic report of
Slovenia (CCPR/C/SVN/2004/2), www.ohchr.org/english/bodies/hrc/docs/AdvanceDocs/slovenia-writtenreplies.pdf,
accessed on 9 June 2006. Apparently no information is available on the total
number of Roma children integrated in mixed nursery school groups. See
Implementation of the International Covenant on Economic, Social and Cultural
Rights, Initial reports submitted by States parties under articles 16 and 17 of
the Covenant, Addendum: Slovenia, E/1990/5/Add.62, 26 May 2004, para. 875.
(224) Pupils who repeat one or more years may meet the compulsory education
legal requirements without successfully completing the final three-year cycle
of elementary school.
(225) Perić, Tatjana "Insufficient: Governmental programmes for Roma in
Slovenia", Roma Rights Quarterly, 2-3/2001.
(226) EUMC, Roma and Travellers in Public Education: An overview of the
situation in the EU Member States, May 2006, p. 40.
(227) Peace Institute, Roma in Public Education. See also OSI, Minority
Protection in Slovenia, 2001, p. 544.
(228) Expert Council for General Education, Strategija, pp. 8 and 9.
(229) Interviews with Sanda Libenšek, Association for the Development of
Preventive and Voluntary Work, and members of the Romani community in Kerinov
grm, 21 March 2006.
(230) Nečak-Lük, Albina, Brejc, Mateja and Vonta, Tatjana, Integration of Roma
Children into Mainstream Education in Slovenia: Final Research and Evaluation
Report, Roma Education Initiative, 2005, p. 5 (hereafter Nečak-Lük, Brejc and
Vonta, Integration of Roma Children into Mainstream Education in Slovenia).
(231) Expert Council for General Education, Strategija, p. 9.
(232) Nečak-Lük, Brejc and Vonta, Integration of Roma Children into Mainstream
Education in Slovenia, p. 5.
(233) Interview with Marta Novak, Coordinator of educational activities for
Romani pupils, Novo Mesto Institute of Education, 21 March 2006. Also see
Nečak-Lük, Brejc and Vonta, Integration of Roma Children into Mainstream
Education in Slovenia.
(234) While it is clear that poor education leads to poverty, the reverse
causal link is also important. See UNDP, At Risk: Roma and the Displaced in
Southeast Europe, 2006, p. 34.
(235) Interview with Polde Jevšek, expert worker, Novo Mesto Centre for Social
Work, 20 March 2006.
(236) Interviews with members of the Romani community in Šentjernej, 20 March
2006.
(237) Interview with Polde Jevšek, expert worker, Novo Mesto Centre for Social
Work, 20 March 2006.
(238) Advisory Committee on the FCNM, Second Opinion on Slovenia,
ACFC/INF/OP/II(2005)005, 26 May 2005, paras. 23, 69, 144 and 148.
(239) Peace Institute, Roma in Public Education, p. 24.
(240) OSI, Rights of People with Intellectual Disabilities: Access to Education
and Employment – Slovenia, 2005, p. 77 (hereafter OSI, Rights of People with
Intellectual Disabilities).
(241) OSI, Minority Protection in Slovenia, 2001, p. 503.
(242) OSI, Rights of People with Intellectual Disabilities, p. 78.
(243) OSI, Minority Protection in Slovenia, 2001, p. 504; Perić, Tatjana
"Insufficient: Governmental programmes for Roma in Slovenia", Roma
Rights Quarterly, 2-3/2001.
(244) Interviews with members of the Romani community in Kerinov grm, 21 March
2006. See also ERRC, "Slovenian Roma sue police for not providing
protection", Roma Rights Quarterly, 1/2001; "Bršljinski zaplet",
Mladina, 11 April 2005.
(245) OSI, Minority Protection in Slovenia, 2001, p. 503
(246) Council of Europe Commissioner for Human Rights, Report by Mr Alvaro
Gil-Robles, Commissioner for Human Rights, on His Visit to Slovenia 11-14 May
2003, CommDH(2003)11, 15 October 2003, para. 10.
(247) Council of Europe Commissioner for Human Rights, Follow-Up Report on
Slovenia (2003 – 2005). Assessment of the progress made in implementing the
recommendations of the Council of Europe Commissioner for Human Rights,
CommDH(2006)8, 29 March 2006, para. 18.
(248) "Romani sections", which receive extra funding, can be created
in nursery schools if there are at least five Romani children in them (see
Implementation of the International Covenant on Economic, Social and Cultural
Rights. Initial reports submitted by States parties under articles 16 and 17 of
the Covenant. Addendum. Slovenia, E/1990/5/Add.62, 26 May 2004, Paragraph 871).
This apparently leads to financial incentives in some cases favouring
segregation. See Nečak-Lük, Brejc and Vonta, Integration of Roma Children into
Mainstream Education in Slovenia, p. 5.
(249) In April 2005, Amnesty International Slovenia expressed its concerns
relating to the segregation of Romani children in the Slovenian educational
system in an open letter to Prime Minister Janez Janša. See www.amnesty.si,
accessed on 21 June 2006. See also Council of Europe Commissioner for Human
Rights, Follow-Up Report on Slovenia (2003 – 2005). Assessment of the progress
made in implementing the recommendations of the Council of Europe Commissioner
for Human Rights, CommDH(2006)8, 29 March 2006, para. 19.
(250) Interview with Bršljin Elementary School teachers, 21 March 2006.
(251) Council of Europe Commissioner for Human Rights, Follow-Up Report on
Slovenia (2003 – 2005). Assessment of the progress made in implementing the
recommendations of the Council of Europe Commissioner for Human Rights,
CommDH(2006)8, 29 March 2006, paras 24 and 25.
(252) Interview with Marta Novak, Coordinator of educational activities for
Romani pupils, Novo Mesto Institute of Education, 21 March 2006.
(253) Interview with Bršljin Elementary School teachers, 21 March 2006.
(254) Interviews with members of the Romani community in Kerinov grm, 21 March
2006.
(255) Interviews with members of the Romani community in Šentjernej, 20 March
2006.
(256) Kovač Šebart, Mojca and Krek, Janez, "Multicultural Education of
Romanies in Slovenia" in Multicultural education in the unifying Europe,
Czestochowa: Wydawnictwo Wyzszej szkoly pedagogicznej w Czestochowie, 2003, pp.
75-88. See also Peace Institute, Roma in Public Education, p. 28.
(257) Interviews with members of the Romani community in Kerinov grm, 21 March
2006.
(258) Save the Children UK, Denied a Future, Volume 4, p. 33.
(259) Interview with Sanda Libenšek, Association for the Development of
Preventive and Voluntary Work, 21 March 2006.
(260) OSI, Minority Protection in Slovenia, 2001, p. 516.
(261) Advisory Committee on the FCNM, Second Opinion on Slovenia,
ACFC/INF/OP/II(2005)005, 26 May 2005, para. 150. See Republic of Slovenia,
First Annual Report on the Implementation of the National Action Plan on Social
Inclusion (NAP/inclusion), 2004-2006, February 2005, where it is reported that
"the number of Roma children in kindergartens is very small" (p. 19).
At the time of Amnesty International’s visit to the Romani settlement of
Brezje, located in the vicinities of the Bršljin elementary school, on 20 March
2006, the nursery school in the settlement had just been closed down by local
authorities, apparently on safety grounds. A previous visit by Amnesty
International to the nursery school, in September 2005, highlighted the many
difficulties it faced, including the extremely poor social background of its
Romani pupils and the language barrier posed by their lack of Slovene.
(262) Interview with Janez Krek, Researcher, Centre for Educational Policy
Studies, Faculty of Education, University of Ljubljana, 20 March 2006.
(263) Interviews with members of the Romani community in Kerinov grm, 21 March
2006. Romani parents in the settlement of Šentjernej also had concerns about
language barriers (interviews with members of the Romani community in
Šentjernej, 20 March 2006).
(264) Interviews with members of the Romani community in Kerinov grm, 21 March
2006.
(265) For instance, Marta Novak, who at the Novo Mesto local educational
authority (Zavod za šolstvo) coordinates activities with Romani pupils, in an
interview with Amnesty International (21 March 2006) expressed doubts as to
whether, under current Slovenian law, Roma should be taught in their own
language.
(266) Expert Council for General Education, Strategija, p. 33.
(267) Council of Europe, The situation of Roma School Mediators and Assistants
in Europe, DGIV/EDU/ROM(2006)3, 2006. The report also notes that the Slovenian authorities
mentioned in their reply that the introduction of Romani teaching assistants is
envisaged in the Strategy for the Education of Roma in the Republic of
Slovenia.
(268) Including in the Bršljin school in Novo Mesto (see above). See also US
Department of State, Country Reports on Human Rights Practices 2005: Slovenia,
8 March 2006.
(269) Nečak-Lük, Brejc and Vonta, Integration of Roma Children into Mainstream
Education in Slovenia, p. 16.
(270) The Roma Education Initiative was an OSI project, terminated at the end
of 2005, which aimed at promoting the inclusion of Roma in education in a
number of Eastern European countries.
(271) Also involved are individual donor countries and international NGOs, such
as OSI and Save the Children, which have financed and carried out a range of
projects aimed at promoting Roma inclusion, including in education, often
filling the vacuum left by state and local institutions. ERRC has been engaged
in litigation, advocacy, research and policy development, and human rights
training of Romani activists, with the aim of combating discrimination and
other human rights violations against Roma.
(272) The OSCE Mission to BiH, in particular, has been engaged in a number of
initiatives for the political economic and social inclusion of Roma
communities. On education, in particular, the OSCE Mission to BiH has been one
of the main driving forces promoting the adoption of the Action Plan on the
Educational Needs of Roma and Other National Minorities in Bosnia and
Herzegovina (see above).
(273) See www.romadecade.org, accessed on 26 May 2006.
(274) The eight bilateral donors are Canada, Greece, Ireland, the Netherlands,
Slovenia, Sweden, Switzerland and the United Kingdom. See
www.romaeducationfund.org, accessed on 26 May 2006.
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