The Enlargement of the European The Enlargement of the European Union and Ethnic MinoritiesUnion and Ethnic Minorities

Dr Dimitrina Petrova

Presentation for ENAR conference

“The Phenomenon of Racism in the New EU Member States”

February 25, 2005, Budapest

Introduction: joining the acquisIntroduction: joining the acquis

• Role of EU enlargement process: (+)

• Same obligations for all accession countries but different levels of pressure

• Different degrees of transposition of EU Directive 2000/43 at May 1, 2004 and at present

Victims of racism in New MSs Victims of racism in New MSs

• Roma (CZ, H, LT, LV, PL, SK, SLO) • Russian speakers (EST, LV)• Ethnic minorities (SLO the “erased”)• Jews• Muslims/Arabs/”terrorists”• “Visible minorities”: Africans, Arabs, Asians

• Foreigners

Historical context 1Historical context 1

• Why Roma

• Why ethnic minorities

• Communist legacy regarding racism: the reasons for denial– stress on social equality– downplaying of the Holocaust

Historical context 2: xenophobia in Historical context 2: xenophobia in new MSsnew MSs

• The specific ways in which BORDERS were drawn in the region

• Zygmunt Bauman: mixophilia and mixophobia as human propensities in urban cultures

• Why mixophobia is growing: the migrant stands for the frailty of the human condition

• Mixophobia strong when new borders and new order appear as values - which is the case resulting from a) post-communism; b) EU borders

Historical context 3: anti-GypsismHistorical context 3: anti-Gypsism

• The “Gypsy” invasion in Europe• Anti-Gypsism - born in Western Europe, 15th

Century: combination of late arrival and otherness• Prosecution in the West and movement back

eastward• Why the anti-Romani stereotype survived in

Eastern Europe - role of communism

• Post-communist anti-Romani racism

Anti-Gypsism in public opinion pollsAnti-Gypsism in public opinion polls

• CZ 1996: 87% don’t want Roma as neighbours

• CZ 1998: 65% generally negative attitude to Roma

• SK 1999: 87% don’t want Roma as neighbours

• SK 1999: 80% would not allow child to marry Roma

• PL 1996: 71% generally negative attitude to Roma

• PL 2000: 55% generally negative attitude to Roma (most disliked Belorussians)

• PL 2000: 77.1% Roma are dishonest

• PL 2003: 65% generally negative attitude to Roma (most disliked group)

• SK 1999: 60% in favor of housing and school segregation of Roma

Historical context 4: anti-Russian Historical context 4: anti-Russian sentiment in Baltic Statessentiment in Baltic States

• WWII - Pact Molotov-Ribbentrop: annexation or occupation in 1940

• Between Europe and Russia: historic choices• Russian’s sensitivity re WWII• Recent offensive speech by politicians (e.g. LV

President Vaira Vike-Freiberga, 30/01/2005

Manifestations of racism in Manifestations of racism in educationeducation

• School segregation of Roma– ghetto schools– schools for the mentally handicapped (Ostrava

case)

• Racism in the classroom

• Education reform in Latvia

Manifestations of racism in Manifestations of racism in healthcarehealthcare

• Denial of emergency care

• Segregated health care facilities

• Coercive sterilisation of Romani women

• Requirements for informal payments (bribes)

Manifestations of racism in housingManifestations of racism in housing

• Evictions from city centres of tenants (CZ)

• Preventing Roma from settling or buying houses in certain places (Gyure case, H)

• Discriminatory social housing regulations (against squatters, with disparate impact on Roma, H)

Legislative developments: ADLLegislative developments: ADL

CY CZ EST H LV LT MT PL SK SLO

ADL (-) (-) (+)C

(-) (-) (+)C

(+)C

yr 2003Dec

2004 2004

sb (+) (+)

CY CZ EST H LV LT MT PL SK SLO

ADL (-) (-) (+)C

(-) (+)C

(-) (+)C

(+)C

yr 2003Dec

2004 2004

sb (+) (+)

Challenges of transposition of Art 13 Challenges of transposition of Art 13 DirectivesDirectives

• Delays due to insufficient political will

• Lacking or inadequate consultation process

• Technical legal problems concerning the consistency of the national legal system

• Problems arising from the novelty of legal concepts and approaches

Most frequent dilemmas on ADLMost frequent dilemmas on ADL

• One comprehensive anti-discrimination law vs different laws for the different grounds of discrimination

• Detailed descriptions of hypothetical discrimination cases vs framework/brief/general provisions

• Single equality body vs bodies specialised according to ground or sectoral field

Anti-racism movement: NGOsAnti-racism movement: NGOs

• Relatively recent preoccupation with racism• Role of international advocacy stronger• Types of organisations and their funding• Strong Romani civil society • Mobilising role of

– The UN Cf against racism Durban 2001

– The Race equality directive: legislative advocacy, AD test litigation

Comparing Old and New MSsComparing Old and New MSs

• Migrants (esp. “visible”) a more sensitive issue

• Expressions of racism more subtle and coded

• Corporate practices of diversity exist

• Case law exists incl. on indirect discrimination

• Stronger role of ethnicity in prejudice patterns

• Discrimination of Roma more systemic and larger-scale but also more policy: H, Decade RI

• Stronger racist bias among general population

• Expression of racism more overt

• No corporate practices of diversity

• Case law at very start