    [Joint House and Senate Hearing, 112 Congress]
    [From the U.S. Government Publishing Office]

                       BUILDING BRIDGES_OR BURNING THEM?

                       THE ESCALATION OF VIOLENCE AGAINST

                                 ROMA IN EUROPE

    =======================================================================

                                    HEARING

                                   before the

                COMMISSION ON SECURITY AND COOPERATION IN EUROPE

                          ONE HUNDRED TWELFTH CONGRESS

                                 SECOND SESSION

                                   __________

                               FEBRUARY 15, 2012

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                COMMISSION ON SECURITY AND COOPERATION IN EUROPE

                        LEGISLATIVE BRANCH COMMISSIONERS

                   HOUSE

                                                       SENATE

    CHRISTOPHER H. SMITH, New Jersey,       BENJAMIN L. CARDIN, Maryland,
    Chairman                                Co-Chairman
    JOSEPH R. PITTS, Pennsylvania           SHELDON WHITEHOUSE, Rhode Island
    ROBERT B. ADERHOLT, Alabama             TOM UDALL, New Mexico
    PHIL GINGREY, Georgia                   JEANNE SHAHEEN, New Hampshire
    MICHAEL C. BURGESS, Texas               RICHARD BLUMENTHAL, Connecticut
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                         EXECUTIVE BRANCH COMMISSIONERS

                     MICHAEL H. POSNER, Department of State
                   MICHAEL C. CAMUNEZ, Department of Commerce
                   ALEXANDER VERSHBOW, Department of Defense

                                      [ii]

                       BUILDING BRIDGES--OR BURNING THEM?

                       THE ESCALATION OF VIOLENCE AGAINST

                                 ROMA IN EUROPE

                                  ----------

                               February 15, 2012
                                 COMMISSIONERS

                                                                       Page
    Hon. Christopher H. Smith, Chairman, Commission on Security and
      Cooperation in Europe..........................................     1
    Hon. Robert B. Aderholt, Commissioner, Commission on Security and
      Cooperation in Europe..........................................    13

                                   WITNESSES

    Andrzej Mirga, Senior Adviser on Roma and Sinti Issues, OSCE.....     3
    Dezideriu Gergely, Executive Director, European Roma Rights
      Center.........................................................     6

                                   APPENDICES

    Prepared statement of Hon. Christopher H. Smith..................    30
    Prepared statement of Hon. Benjamin L. Cardin....................    32
    Prepared statement of Andrzej Mirga..............................    33
    Materials for the Record.........................................    39

                                     [iii]

                       BUILDING BRIDGES--OR BURNING THEM?

                       THE ESCALATION OF VIOLENCE AGAINST

                                 ROMA IN EUROPE

                                  ----------

                               February 15, 2012

               Commission on Security and Cooperation in Europe

                                                 Washington, DC

        The hearing was held at 2 p.m. in room B-318, Rayburn House
    Office Building, Washington, DC, Hon. Christopher H. Smith,
    Chairman, Commission on Security and Cooperation in Europe,
    presiding.
        Commissioners present: Hon. Christopher H. Smith, Chairman,
    Commission on Security and Cooperation in Europe; and Hon.
    Robert B. Aderholt, Commissioner, Commission on Security and
    Cooperation in Europe.
        Witnesses present: Andrzej Mirga, Senior Adviser on Roma
    and Sinti Issues, OSCE; and Dezideriu Gergely, Executive
    Director, European Roma Rights Center.

    HON. CHRISTOPHER H. SMITH, CHAIRMAN, COMMISSION ON SECURITY AND
                         COOPERATION IN EUROPE

        Mr. Smith. The Commission will come to order. And let me
    begin by expressing my apology for being so late. It's 45
    minutes after we were supposed to start. We did have a series
    of votes--five votes--on the floor. And so I do apologize for
    that.
        I'd like to welcome everyone for joining us this afternoon,
    particularly our witnesses who have traveled here from Europe
    to be able to testify today before the Helsinki Commission. We
    appreciate your dedication to the human rights and dignity of
    the Romani people, probably the most discriminated against and
    disadvantaged people in Europe today.
        Roma, Europe's largest ethnic minority, has faced
    discrimination and worse for hundreds of years. In parts of
    Europe, they were even literally enslaved as late as the 19th
    century, when our own country was battling this evil, and in
    the 20th century were the victims of German genocide during
    World War II. An estimated 500,000 Roma were exterminated by
    Nazi Germany and its accomplices.
        In 1990, hopes for the democratic transitions under way
    were enormous. And the OSCE was likewise optimistic that it
    would play its part in ensuring that Roma would be equal
    sharers in the benefits of freedom, democracy and the free
    economy that it would bring. But the 1990s were difficult years
    for Roma, who were faced with murderers and other acts of
    violence and police brutality.
        With a view to that violence, I wrote then-secretary--
    Assistant Secretary for Democracy, Human Rights, and Labor,
    Harold Koh, regarding Romani human rights and religious
    freedom, and urged the State Department to be sure that these
    issues were fully covered in the State Department's annual
    country reports on human rights practices. The Commission
    became increasingly active on Roma human rights issues. In
    2002, we held a Helsinki hearing on the situation of Roma. In
    that same year, my resolution on improving equal opportunities
    for Roma in education was adopted by the OSCE parliamentary
    assembly.
        Although about 10 years ago many countries began to
    implement measures to stem the violence, resulting in fewer
    attacks and more accountability when attacks occurred, the sad
    fact is that these positive developments have not--I repeat--
    have not been sustained.
        To make matters worse, in recent years, there has been a
    terrifying escalation of violence against Roma, prompting the
    Helsinki Commission to hold a briefing on this issue in 2009.
    The current wave of violence has resulted in horrible
    fatalities like the murder of the 5-year-old, Robert Csorba, in
    Hungary, who along with his father was killed by sniper fire
    when they tried to flee their burning house, which had been set
    afire by a Molotov cocktail.
        There are many cases of horrifying violence against Roma,
    people who have been maimed or disfigured for life, like the
    13-year-old girl in Hungary shot in the face by the extremists
    who also killed her mother, or the toddler known as Baby
    Natalka in the Czech Republic who was burned over 80 percent of
    her body in a Molotov cocktail attack.
        As we discuss today the anti-Roma mob attacks and
    demonstrations that continue to occur in several countries, we
    should ask what is the impact on families and children who
    huddle in their homes while a mob outside yells: ``Gypsies, to
    the gas''? Exactly this sort of thing is really going on in
    2012. The Roma still have to face such open savagery. It's
    beyond imagination.
        Yet, at the same time, many governments are voicing serious
    concerns about this situation. One of the purposes of this
    hearing is to ask how well the solutions respond to the
    problem. Every EU country is now working up a national strategy
    for Roma integration. Do these strategies respond to the real
    gravity of the danger threatening the Roma?
        Likewise our own State Department has prioritized the
    rights of the Romani people. And this has been implemented with
    real commitment by many ambassadors and human rights officers.
    Yet the country reports on human rights practices has been
    uneven. And so we will all have to continue to watch them
    carefully. They should be a touchstone of our government's
    commitment to the human rights of the Romani people.
        Finally, we should also talk about humanitarian concerns.
    In the post-communist countries, Roma have been the absolute
    losers in the transition to market economies. Last year, the
    Hungarian minister for social inclusion, Zoltan Balog, said
    that their situation is worse today than it was under
    communism. Over the past 20 years, Roma have been caught in a
    downward spiral, accelerating at exponential rates. While they
    were at the bottom of the social ladder during the communist
    period, they are often off the grid, living in shantytowns,
    urban ghettos, or segregated settlements that I and members of
    this Commission have visited. I remember one visit to a Romani
    ghetto that was right next to a dump, and the smell of garbage
    was overwhelming. And yet these individuals had to live there
    and raise their children there.
        A UNDP report concluded that Roma in five Central European
    countries live in conditions more typically found in sub-
    Saharan Africa than in Europe. And I would note
    parenthetically, as chairman of the Africa subcommittee of the
    House of Representatives, I've been to many very, very poor
    places in Africa. And what I saw at some of these Romani houses
    or townships has clearly approximated what I've seen in some of
    the most destitute places in Africa.
        But can governments really expect to make improvements with
    regard to other problems Roma face in housing, in employment,
    education and so on, if shocking acts of violence continue
    unabated? That is the open question and part of what we hope to
    at least to begin to address today.
        We will begin by receiving testimony from our two
    distinguished witnesses, Andrzej Mirga, who is well-known in
    Washington. Mr. Mirga is the senior adviser on Romani issues to
    the OSCE's Office for Democratic Institutions and Human Rights
    or ODIHR. He first testified in Washington in 1994 and has
    brought his considerable experience and insights to the
    Helsinki Commission and to all the other governments of the
    OSCE. And we thank you for doing it for our Commission as well.
    We're grateful for his leadership he brings to the OSCE on
    these issues. Mr. Mirga, welcome back to Washington.
        Our second witness will be Dezi Gergely, the Executive
    Director of the European Roma Rights Center. The ERRC was
    established in 1996 and has spearheaded some of the most
    important litigation to protect the human rights of Roma. Mr.
    Gergely, thank you again for being here today--and my fellow
    Commissioners--and you have to know and I know you know this,
    but this record will be very widely disseminated to many
    opinion makers, but especially to members of Congress--House
    and Senate--and to our Commissioners. So this record becomes
    information that very often is actionable and gives us a
    blueprint as to what we should do, as well as the lay of the
    land as of today as you present it. So I thank you again for
    being here.
        Mr. Mirga.

      ANDRZEJ MIRGA, SENIOR ADVISER ON ROMA AND SINTI ISSUES, OSCE

        Thank you. Mr. Chairman, I would like my full statement to
    be included into the record.
        Mr. Smith. Without objection, so ordered.
        Mr. Mirga. Honorable chairperson, distinguished members of
    Helsinki Commission, ladies and gentlemen, I would like first
    to express my gratitude to the chairperson of the Helsinki
    Commission for organizing this hearing on Roma and Sinti today.
    I am grateful for the long dedication of Chairman Smith and Co-
    Chairman Cardin to the protection of human rights of Roma. I
    also appreciate the statement made by Secretary of State
    Clinton about Roma human rights most recently in Sofia on
    February 5th.
        It's a great opportunity to share with you our views and
    concerns regarding Roma and Sinti in the OSCE area with this
    important commission. It's the right time to address these
    issues as some developments in recent years are highly
    disturbing and we need to speak up about them.
        I testified here with several Roma friends last time in
    mid-2009. It was a time when the financial and economic crisis
    has erupted. And we signaled the worrying developments that
    were evolving with regard to the Roma and Sinti. Today, with
    fiscal difficulties in a number of European countries and a
    second economic crisis looming, I have to report to you that
    some of these concerns unfortunately have become reality. No
    doubt the ongoing economic difficulties have intensified and
    exacerbated some of the negative trends I elaborated upon in
    the briefing in 2009.
        On a general note, let me underline that most problems
    facing Roma and Sinti population have by no means been
    resolved. And for the most part, this minority has not yet
    benefited from lasting improvements in human rights and social
    inclusion. This is unfinished business in Europe that requires
    much stronger and long-term interventions at national--at
    European level. That was one of the conclusions in my 2009
    briefing here, based on the finding of the so-called status
    report of 2008. This conclusion is more valid than ever today.
        Currently, it seems the requirement for much stronger and
    long-term interventions is widely recognized. As all major
    international organizations and EU institutions are calling
    upon governments to step up their efforts to realize objectives
    regarding Roma and Sinti social inclusion, this is done partly
    as a response to a serious and dangerous rise in violence and
    intolerance against members of this minority in number of
    countries. It comes, however, at a time when European
    governments face real fiscal and economic difficulties, making
    it a bad time to approach them on other issues. Governments are
    facing tough decisions from the introduction of austerity
    programs to reduce public spending and keep national debt under
    their control.
        In the past two years, in the context of deepening economic
    hardship, we have witnessed a number of disturbing
    developments. There was the crisis related to Roma migrants in
    France. We have seen the rise of tensions in extreme right or
    neo-Nazi groups in North Bohemia of Czech Republic. We have
    seen mass protests against Roma in number of cities in
    Bulgaria, following with the incidents in Katunitsa near
    Plovdiv.
        In most of these situations, we have seen populist,
    extremist--extreme right or neo-Nazi groups--actively
    exploiting anti-Roma prejudice, sometimes generating hostility
    or instigating violence against the Roma and Sinti communities.
    We are concerned about current public discourse of Roma and
    Sinti that revives past anti-Roma rhetoric centered on the
    image of them as a nomad, viewing them as a burden to social
    system, or as a danger for public security and order based on
    alleged gypsy criminality.
        Roma and Sinti migration has become a key challenge. And it
    will likely remain so for some time. The social stigma
    associated with Roma and their visibility as migrants will
    continue to heighten the risk of discriminatory practices and
    social exclusion in countries of destination. The rise in open
    and often radical anti-Roma politics and policies at local
    level is another challenging and new phenomenon.
        We witnessed local authorities and mayors actively pursuing
    policies aimed at forcing Roma and Sinti from their
    communities. Exclusion or separation is openly advocated in
    some municipalities, including in the segregation of children
    in the educational system. There are also cases of refusal by
    local authorities to accept or request state aid aimed at
    supporting Roma communities. In the past have been focused on
    providing assistance to newer democracies and states in crisis
    or post-crisis situation. Today and likely over the near
    future, such assistance will be provided to consolidate it in
    young democracies in instances of hate crime targeting Roma and
    Sinti--as instances of hate crimes targeting Roma and Sinti may
    become a recurrent issue there.
        Parallel to this worrying development, we are witnessing
    more promising efforts and initiatives aimed at ensuring Roma
    human rights and social inclusion. The most important are the
    new agenda of the European Union of Roma. The EU has both the
    political and financial tools to enforce some measures on its
    members some think the other organizations don't have. Most
    recently on April 5th 2011, the Commission issued a
    communication on EU framework for national Roma integration
    strategy, which was endorsed by the council in June. The
    framework commits all 27 member states to develop of targeted
    policies that systematically tackle the socio-economic
    exclusion and of discrimination against the Roma people in the
    EU.
        This complex EU agenda on the Roma and Sinti has been
    overshadowed, however, by the euro crisis itself. Much of the
    response to the question of how this new effort of the EU
    regarding Roma can be successful and lasting will depend on the
    response to other question, how will the EU resolve the present
    crisis and how long it will take to recover from it?
    Surprisingly little has, however, appears to have been paid to
    its possible negative impact on the most socially and
    economically disadvantaged group in societies, like Roma and
    Sinti.
        There seems to be a somehow parallel discourse of Roma
    disconnected from ongoing debates and concerns. The report
    recently commissioned by the EU on use of its financial and
    policy instruments with regard to Roma are in most parts
    critical. Minimal progress has been achieved. Disproportional
    funds were used to produce short-living outcomes. The effective
    use of this has been also questioned.
        To conclude this part, prospects in short terms appear poor
    in fields where there has been some constant, if minor,
    improvement in the past, such as in education, housing,
    political participation, or Roma representation in public
    media. A number of participating states that appear to have
    been set-backed into area mentioned as the gaps between
    standards for Roma and Sinti and the majority population have
    been in fact widening. With few social and economic indicators
    showing improvement in situation of Roma, the evidence of
    increasing hostility toward the communities among Roma in some
    states, these disturbing trends might not just continue, but
    could very well worsen.
        The last part of recommendation I may leave for later. And
    in discussion, I may elaborate more on this. Thank you.
        Mr. Smith. Mr. Mirga, thank you very much for your
    testimony and the comprehensiveness of it and the longstanding
    nature of your commitment on this and other issues, but
    specially the Roma. Thank you so much.
        Mr. Gergely?

      DEZIDERIU GERGELY, EXECUTIVE DIRECTOR, EUROPEAN ROMA RIGHTS
                                 CENTER

        Mr. Chairman, I would like to take this opportunity to
    extend my gratitude on behalf of the European Roma Rights
    Center to be invited to this prestigious event in order to
    testify about the human rights situation of Roma in Europe. And
    with your approval, I would like my full statement to be
    included in the record.
        Mr. Smith. Without objection, so ordered.
        Mr. Gergely. Distinguished representatives of the
    Commission, ladies and gentlemen, a recent European Union
    survey on minorities and discrimination highlights that on
    average, one in five from our respondents were victims of
    racially motivated personal crime at least once in previous 12
    months. Eighty-one percent of Roma who indicated that they were
    victims of assault, threat or serious harassment considered
    that their victimization was racially motivated. Between 65
    percent and 100 percent of Roma in the surveyed European
    countries did not report their experiences of personal
    victimization to the police.
        The main reason given by the Roma was that they were not
    confident that the police would be able to do anything. This
    lack of confidence is not surprising to someone familiar with
    Roma in Europe, and I will explain why. Two weeks ago, the
    Council of Europe's Committee of Ministers adopted an official
    declaration to express deep concern about the rise of anti-
    Gypsyism and violent attacks against Roma, which constitute a
    major obstacle to the successful social inclusion of Roma and a
    full respect of their human rights.
        The fact is that the racist or stigmatizing anti-Roma
    rhetoric has been on the rise in public and political
    discourse, including accusations that Roma, as an ethnic group,
    are engaged in criminal behavior. There are well-documented
    examples from France, from Italy, Hungary, Slovakia, Bulgaria,
    or Czech Republic. And in some cases, these words were
    understood as--as encouraging violent action against the Roma,
    such as mob riots or violence. Extremist groups, political
    parties, and politicians have sharpened their anti-Romani
    rhetoric and actions, galvanizing segments of the public
    against Roma in Hungary, Czech Republic, Lithuania in
    particular, or Bulgaria. Anti-Gypsy stereotypes also continue
    to be spread and perpetrated in the media across Europe, which
    reports primarily on Roma in the context of only social
    problems and crime.
        Violence against Roma remains a serious problem not only
    because it harms Roma directly affected by the attacks, but
    because Roma as an ethnic group are impacted by the lack of
    effective response by state authorities. In 2011, the European
    Roma Rights Center published a report examining the state
    response to 44 selected attacks against Roma in Czech Republic,
    in Hungary and Slovakia.
        And a number of shortcomings in the state response to
    violence against Roma are apparent. Many Roma victims of
    violent crimes do not secure justice. A limited number of the
    perpetrators of violent attacks against Roma are successfully
    identified, investigated, and prosecuted. Even fewer are
    eventually imprisoned for the crimes they have committed
    against Roma.
        At the time of publications, judgments finding the
    perpetrators guilty have been reached in nine out of the 44
    selected cases. Of those nine cases, only six resulted in
    imprisonment; several are under appeal. And three resulted in
    suspended sentences or fines, including persons with known
    affiliations to neo-Nazi groups in the Czech Republic, for
    example.
        Police investigations were suspended with no perpetrator
    identified in 27 percent of all the cases. Racial motivation
    was confirmed in only three out of 44 selected cases of
    violence against Roma. In 11 other cases, racial motivation is
    included in the indictment of impending cases, and in 50
    percent of all the selected cases racial motivation of the
    crimes committed against Roma was ruled out or not confirmed.
        The failure of law enforcement authorities to identify the
    perpetrators of crimes against Roma in a considerable number of
    investigations creates a climate of impunity and may encourage
    further acts of violence against Roma. The issuance by courts
    of only suspended prison sentences to persons found guilty of
    serious crimes against Roma reinforces the message that it is
    OK to attack Roma.
        Recognition of racial motivation in such a small number of
    cases may indicate a low level of importance placed on
    aggravating circumstances of the crimes committed and may fail
    to account for the full nature of the attacks. These findings
    may have a serious negative impact of the will on the Romani
    individuals to report crimes committed against them to law
    enforcement authorities, and explains the results of the
    European Union survey on minorities and discrimination.
        How can governments put an end to impunity and restore the
    confidence of Roma in law enforcement and reduce the level of
    violence? First, governments must adopt a zero-tolerance policy
    against racist speech uttered by public officials. All such
    racist speech should be immediately denounced and the
    responsible official removed from his or her job. Racist speech
    by private actors should be also vigorously condemned by
    government at the highest level.
        It is important that the government distinguish between
    free expression, which must be protected in a democratic
    society, and acts of intimidation, which must be strongly
    suppressed through acts of law enforcement. The spectacle of
    neo-Nazis carrying flaming torches through Roma settlements,
    shouting anti-Romani epithets, preventing people from going to
    their jobs or to schools, as occurred in several countries--
    Hungary or Bulgaria, for example--must not be allowed to recur.
        Most important of all, governments must take a firm stance
    against racially motivated violence. They should guarantee
    speedy and effective investigations and prosecutions of all
    crimes committed against Roma, and identify any racist motives
    for such acts, so that the perpetrators do not go unpunished
    and escalation of ethnic tension is avoided. Governments should
    ensure full assistance, protection, and compensation for the
    victims of violence. Last year, the EU launched an important
    process to promote Roma integration, focusing on education, on
    health, employment, and housing. Member states of the EU are
    obliged to develop and implement strategies for such
    integration, but it is crucial that the states recognize the
    interdependence of inclusion and anti-discrimination. Any
    strategy developed to improve the social and economic
    integration of Roma must include measures combating
    discrimination and addressing anti-Gypsyism.
        The United States has long been a leading global example in
    ensuring the inclusion of minorities in society. Last week, the
    U.S. announced its intention to become an official observer of
    the decade of Roma inclusion, another important European
    initiative designed to encourage Roma advancement. Here is how
    the U.S., from our point of view, can assist Europe as it tries
    to achieve true integration of Roma at all levels of society.
        Offer assistance of U.S. law enforcement in addressing bias
    crimes against Roma. Offer good practices as examples of
    promoting minority inclusion in education, in housing, health
    care, or employment. Offer financial assistance to civil
    society organizations in Europe addressing anti-Roma
    discrimination and rights violation.
        Thank you very much for your attention.
        Mr. Smith. Thank you very much for your testimony and your
    extraordinary leadership on this very, very important human
    rights issue. Let me ask you a couple of questions, starting
    off with the anti-Roma riots, which are increasing. The fact
    that they're occurring throughout EU countries is shocking in
    and of itself.
        And then some have the gall to call it demonstrations--
    which is a misnaming to a huge extent. What proactive steps are
    the governments taking to mitigate this incitement that's
    occurring, and much of the violence that ensues from these
    demonstrations, these riots? Mr. Mirga?
        Mr. Mirga. The question you pose brings some challenges
    because we, in fact, do not have much to report as positive
    steps to counter such phenomena like extreme right and what
    they do campaigning against the Roma. We know about some steps
    taken, for example, into the public to imprison some of the
    leaders of the extreme right, but they are finding ways to get
    out, of course. And we know about some steps in Hungary to--for
    example, but they are reappearing under new name, so they are
    still able to organize marches.
        I think that the main objective of these kind of groups is
    to benefit during the election time, because they are trying to
    get public support by staying up, at that time especially,
    anti-Roma slogans, rhetorics, because they believe this can
    give them votes. And as we warned in 2009 when I was here, I
    said that one test case will be and just after we landed it
    became the--in the country. So that is a telling story.
        We also know about some cases which were very positively
    handled, like in the case of Natalka in Czech Republic, and the
    court sentence of the perpetrators. But after we had some
    statement of the state of issues which a little bit
    undermined--or trying to undermine the court sentence which,
    again, is something which should probably not happen in this
    situation.
        So we receive something like ambiguous messages. On the one
    hand we see some reaction which is proper--as I said for
    example, court cases are highly appreciated, but again from the
    politicians we are receiving mixed messages, which as I said,
    should be here--the line should be kept and the message should
    be one: condemning such situations.
        Mr. Smith. Thank you.
        Mr. Gergely. I would only like to add the fact that even
    though we cannot name these proactive measures, what is
    extremely crucial is speed and effective response. Unless the
    government does not react to violent riots or mob riots
    attempting to attack communities, which happened in several
    countries--as long as there is no reaction in defending these
    communities, of course it would spread out. And this is the
    case of Bulgaria, where last year we could see in more than 15
    cities mass protests against the Roma communities.
        The state response was initially slow. When the law
    enforcement officials reacted, they could manage the mobs. In
    Czech Republic it was the same. It is even interesting that
    when the mobs were stopped by the police, the mobs were
    shouting: You are defending Gypsies. So law enforcement
    officials haven't defended Gypsies. This is what they have to
    do, to act and to ensure protection.
        Mr. Smith. Mr. Mirga, let me ask you, as you know, OSCE-
    participating States are charged with collecting hate crime
    data and providing that to ODHIR. Have the countries provided
    information on these hate crimes to ODIHR as it relates to
    Roma?
        Mr. Mirga. We--with TND and other departments--we are
    preparing such reports every year. There is a standard question
    of central governments who--to get some response to. In fact,
    we are receiving very few information from countries about the
    cases of irrational hate crimes
        Mr. Smith. Did they give an explanation? And could you
    provide to our Commission those countries that have responded
    and those that have not? And do you find the quality of that
    information is--are you encouraged that those that do respond
    are actually doing their due diligence?
        Mr. Mirga. Well, we are trying to encourage--
        Mr. Smith. I know you are, but I'm talking about the
    countries, in terms of their response.
        Mr. Mirga. Oh. Yeah. I think that governments who provide
    us information--there are few, yes; I don't want to name them
    here. But----
        Mr. Smith. Could you? It would be helpful if you would.
        Mr. Mirga. ----they are few--yes? I'll be--
        Mr. Smith. Put you on the spot.
        Mr. Mirga. I----
        Mr. Smith. OK.
        Mr. Mirga. ----at the moment, yes? But there are really
    few, yes? And they're--in general, we do not have much
    information. So we have to rely on other sources coming from
    the civil society mostly, yes? And this has to be checked.
        Mr. Smith. Exactly.
        Mr. Mirga. Yes. We have, for example, I am from Poland,
    yes? And I am closely monitoring the situation because I am
    Roma from Poland. And I have a good relationship with the
    minister of interior, and they are providing us in a letter if
    we wish to have, and they are providing. In some countries,
    it's more difficult to get such information.
        Mr. Smith. As the European Roma Rights Center has pointed
    out in a report on human trafficking, that research in
    Bulgaria, the Czech Republic, Hungary and Romania and Slovakia
    during early 2010 indicated that Roma represent 50 [percent] to
    80 percent of victims in Bulgaria, at least 40 percent in
    Hungary, 70 percent in Slovakia, and up to 70 percent in parts
    of the Czech Republic.
        Our own U.S. government TIP report, trafficking in persons
    report--and I would note parenthetically, I wrote the law, it's
    called the Trafficking Victims Protection Act that created our
    response, includes that TIP report--well, in the annual report
    country-by-country, it makes for very disturbing reading.
    Country after country, with regards to Roma--for example, in
    Hungary Roma victims are over-represented in trafficking
    victims from Hungary. Roma women and girls who grew up in
    Hungarian orphanages are highly vulnerable to internal sex
    trafficking.
        With regards to Romania, that there are reports that ethnic
    Roma criminal groups in Romania throughout Europe. There is a
    very disturbing statement--and this runs through these--that
    some did not approach police out of fear of traffickers'
    reprisals. There's others who said they didn't want to go to
    the police because they're not sure which side the police were
    on.
        In the Slovak Republic the comment is made that the
    government's poor relations with the Roma community resulted in
    significant problems in victim identification and prosecutions,
    including a government estimate that only one-third of all
    trafficking cases involving Roma are investigated. In other
    words, two-thirds are not. And it goes on and on, you know--you
    read country after country trafficking is modern-day slavery,
    whether it be labor or sex trafficking.
        And as both of you know so well, the ODIHR and the OSCE is
    certainly absolutely committed, as are you are, Mr. Gergely.
    Could you speak to the issue of trafficking of Roma, and
    elaborate on some of those numbers if you would? And the fact
    that law enforcement ought to be absolutely, proactively and
    aggressively--as well as the governments that support law
    enforcement--on the side of these victims--please speak to.
        Mr. Mirga. As regards trafficking, ODIHR is involved in
    supporting some of the programs or projects on antitrafficking.
    And the focus is on the victims, We are trying to obtain some
    more concrete data from some countries. Recently we were very
    much focused provide some support to Albania, for example, and
    for some activities there on Roma who were trafficked and
    brought. It seems to be one of the key issues for number of
    countries in Western Balkans, this ongoing process.
        To obtain, however, data is one of the challenging things.
    We in fact are missing concrete numbers. In this regard that
    there is a number of agencies dealing with these issues and
    NGOs who are involved. I was recently visiting Italy, where we
    were supporting some civil organizations dealing with
    trafficked Roma families--children, mostly. And we visited a
    center for children trafficked in Rome where NGOs are taking
    care and taking them from the street there. We visited families
    who were victims of trafficking as well, and they were placed
    in some camps.
        We are trying to obtain more information: What is the
    extent of the issue? How numerous are this population, for
    example, in Rome, and whether these countries from--aware they
    were trafficked? Most of them were from Western Balkan
    countries, and some of them especially from Romania. So that
    was what our findings was. But again, to obtain concrete data
    about numbers, it was quite difficult. When we are working with
    trying to talk to those agencies--state agencies, police--we do
    not, again, get something concrete. That is a main concern,
    that it's difficult to get something real.
        The other issue which emerged also in Italy and France and
    other countries is about the expulsion policy of--or the
    treatment of women and children who are sometimes on the street
    begging or doing other things. We're trying to talk to some of
    the governments that--the effort to get rid of these people,
    from the streets, and to deport them may--should be maybe
    rethought because some of the women with children may be
    victims of trafficking. And for the second time you are just
    punishing them by deporting back in a very straightforward way;
    whereas those people may be a subject for care, because we have
    to recognize who is a real victim and who is not a real victim
    of the trafficking.
        And here I think still there is very little understanding
    of the part of the enforcement bodies who would like to see
    these women, children as a--simply organized by mafia, and
    disregard that they consider that they are victims. They are
    expelling the women without due consideration for their
    situation. And it is something concerning.
        Mr. Gergely. I think that there are a couple of issues
    which we have to underline when we speak about trafficking, as
    well as when we speak about hate crimes or other similar,
    related areas. And on the first place, we have to be aware of
    the fact that the Roma minority--it is placing a major
    discrepancy situation in comparison with the majority of the
    populations in the European countries. In terms of social,
    economic, educational situation, this low level puts them in
    extremely high risks, in terms of being victims of trafficking
    or being victims of other sort of crimes.
        There are two things which we have to underline here. First
    of all, there is a lack of disaggregated data on the basis of
    ethnicity, when we are speaking about minorities which are
    victims of trafficking. We do not have the information to what
    extent--and when I say information, I am saying official
    information coming from the governments--on to what extent this
    phenomenon is affecting the Roma minority.
        And secondly, due to this fact that we are lacking official
    data, we lack also policies targeting these particular groups
    which are affected by the trafficking, for example. So
    basically we do have policies which are targeting trafficking,
    but we do not have targeted policy to the victims of
    traffickings--in our case, the Roma women or children. So this
    is something which needs to be addressed.
        Mr. Smith. Are groups like IOM and others at least
    attempting working with governments?
        Mr. Gergely. There are several examples of cooperation----
        Mr. Smith. Yeah.
        Mr. Gergely. ----of course. But the problem is that--when
    you have a state policy which is not targeting by its policy a
    vulnerable group, and seeing exactly the extent of the
    situation and trying to really tackle in a particular way that
    phenomenon--it's really hard to see improvement. And
    unfortunately we can see the same situation in other areas of
    concern. We are lacking data on health situation; we are
    lacking data on the unemployment situation; we are lacking data
    on several areas. And because of this lack of information, we
    don't know, first of all, to what extent we have the problems;
    and secondly, to what extent the governments are addressing the
    problems fully or not.
        Mr. Smith. Let me ask you with--the recent European court
    case which concluded that sterilization of a Romani woman from
    Slovakia violated the European Convention on Human Rights--
    called it cruel and inhumane. And I understand there are at
    least five more similar cases pending against Slovakia.
    Obviously forced sterilization is an egregious form of
    violence. Is it continuing? Is it systematic? Your view on
    that? And then I'll yield to my colleague, and then I'll come
    back to some additional questions.
        Mr. Gergely. First of all, of course, this is a major
    decision from the European Court of Human Rights. And it has a
    major impact on this topic. I have to say that there are
    several similar cases pending before courts in other countries
    as well. And I would only name the Czech Republic, for example,
    where there are a couple of cases pending before the national
    courts. Last year there was a successful case before the
    supreme court which acknowledged this. And a victim had
    received compensation. There is a similar situation in Hungary
    as well. There are cases before national courts pending until
    now. And also, as you mentioned, there are several cases
    pending before the European court.
        Now it is quite difficult to state whether this phenomenon
    is systematic still. But what is clear is that, in several
    member states, there is a lack of ensuring a process of
    compensation for victims of sterilization. We have to say that
    many of these victims were sterilized during the communist
    regime, so before '89. And they could not raise those cases at
    the time.
        Mr. Smith. Like in China, where women are routinely
    forcibly sterilized.
        Mr. Gergely. So--yeah. We have to take into account and--
    that in several countries, there are time bars. So for a
    victim, it's really difficult to raise a case now after 20
    years. So I think that what we need here is from the
    governments to take a positive step in--to ensure, on the first
    place, a compensation procedure for the victims; and secondly,
    to ensure that such acts will not be repeated anymore--meaning
    that you have to have a full and informed consent when you deal
    with such a situation. Without any consent, we cannot speak
    about--right.
        Mr. Smith. Well, you know, and just for the record, in
    places even like in Mexico, there are hospitals--they call them
    social security hospitals--where women, particularly indigenous
    women, give birth. Unknown to them, they--in some cases they've
    gotten tubal ligations. In other words, they've been
    sterilized. And I'll never forget--in work that I was involved
    in in Peru and still am--upwards of 100,000 women were
    sterilized, many of them at health fairs, when President
    Fujimori erroneously thought that one way to combat poverty was
    to eliminate the possibility of poor people giving birth to
    children who might be poor as well--a bit of a presumptuous
    thought to begin with.
        And I actually held a series of hearings on it, and it was
    amazing: He took his impetus for that from the population
    conference in Cairo, that you need to adopt a sterilization
    mentality, and quickly crossed the line from voluntary
    sterilization to forced. And it was--it was awful. And so I'm
    glad you're very much on the forefront of trying to prevent and
    to provide compensation for those who have been so harmed by
    the government.
        Oh yes, Mr. Mirga.
        Mr. Mirga. I will just say that we do not see that there is
    something like a systemic continuation of sterilization. I
    think that the cases which were brought up very much
    contributed to raise awareness, which is important. We still
    need to get to the compensation issue. This is another step to
    be made. There are some cases of the national courts which
    recognize also that sterilization against Roma women. And that
    is also very important, that it's not only from the European
    level court, but also from the national.
        So I believe there is a step forward, but we have to push a
    little bit farther to fully have--those who are doing this
    responsible for these acts. And compensation should follow.
        Mr. Smith. Robert? Great. I yield to Commissioner Aderholt.

     HON. ROBERT B. ADERHOLT, COMMISSIONER, COMMISSION ON SECURITY
                       AND COOPERATION IN EUROPE

        Thank you, Mr. Chairman. Thank you for your testimony here
    today and for your presence. One thing that we hear concerning
    this issue that was [inaudible] hearing is, we hear from a lot
    of extremist parties anti-Roma sentiment. But many examples of
    anti-Roma statements come from public figures associated with
    what we'd call normal parties or mainline parties across
    political spectrum. My question would be, has extremism against
    the Roma gone mainstream? And can you give us a more nuanced
    understanding of this phenomenon.
        Mr. Mirga. Thank you. Well, we see a danger that rhetoric--
    anti-Roma rhetoric which pays can be adopted also by mainstream
    parties. And this is kind of approach to pre-empt, maybe, the
    support for the extremists, so you are bringing in some kind of
    rhetoric to attract more voters during the elections. we
    observe that some of the mainstream parties or leaders or
    member of the mainstream parties using the same, sometimes,
    language as it was in case of extreme-right parties.
        So it becomes more tolerable to speak the language which
    usually we associate with extreme. And this is something really
    worrying. Whether this is a pre-empting something or new
    strategy to get more votes, or simply people feel more free to
    speak racist language because they do not meet a strong
    reaction from the public or condemnation--this is something to
    discuss. But we see this kind of phenomenon present.
        The second thing is that we see in Europe a tendency or
    trend that extreme parties are winning. They are getting more
    votes. Finland, for example--
        Mr. Aderholt. Did you say Finland?
        Mr. Mirga. Finland, yes; and nationalist extreme-right
    party made some winning. U.K., for the first time, extreme
    right get into Parliament. we already talked about. So in the
    number of countries, you can notice this trend that those who
    are playing with anti-immigrant, anti-minority, anti-Jew, anti-
    Roma, anti-Muslim--they are getting votes. This pays. And this
    may be attractive strategy for mainstream parties, because they
    may become losers. They will--if extreme will win, they will
    lose. So they have to think how to eventually--what kind of
    strategy they have to develop. The easiest seems sometimes for
    some of them to be a little bit radical and play for these
    voters who are in the crisis trying--maybe because of the
    crisis they are getting a little bit more sensitive to extreme
    rhetorics.
        And this is worrying. And we saw first kind of test case in
    Hungary in 2000 during the last local--parliamentary election,
    when they get like 15 percent of votes. We are now approaching
    Slovakia's elections. SNS already is playing with anti-Roma
    rhetoric openly. But we are also hearing mainstream politicians
    who are talking similar language.
        And this is really concerning. This is something which is a
    danger, because it's like a disease. You can maybe think that
    this virus--you are strong, you can overcome it. But maybe this
    virus will cause a damage to you. So we have to warn a little
    bit mainstream politicians about the way they think they can
    play at politics in future. This is a danger.
        Mr. Aderholt. OK. Yes, could you?
        Mr. Gergely. If we would go back in time for 10 years or a
    bit more, we would see that what was different from today is
    exactly the political discourse or politics in general. If you
    are looking now into what is happening in several European
    countries, we would very clearly see that politics has been
    deteriorating a lot. Now, there are many things which we have
    to consider. Anti-Romani sentiment or anti-Romani prejudice was
    all there. Twenty years ago it was the same high level of anti-
    Romani sentiment.
        But now we see a gap which has been widened between the
    situation of the Roma and the majority of the population. We
    have the economic crisis. The economic crisis in Europe has
    affected the majority of the population, but had a much greater
    impact on the vulnerable groups and in particular on the Roma
    communities. This widening of the situations, this big
    difference is fueling prejudice, rejection, exclusion of this
    minority--the Roma minority in particular.
        Now, the economic crisis is playing an important role in
    terms of the feeling insecure as a mainstream citizen. You
    cannot feel but insecure about what is happening. Having this
    situation, there is an erosion of trust in governments, there
    is a lack of trust in the political environment. So the parties
    have to find something in order to counterbalance this erosion.
    So what is that? It is exactly on minorities, immigrants,
    criminality, Roma.
        Playing--putting this issue on the table in terms of
    political debate and mixing up with the insecurity of the
    majority of the people, it seems that it works, it pays votes.
    So we have the case of France, when mainstream government
    representatives have been involved in anti-Romani rhetoric. We
    have the case in Italy where the same--mainstream government
    representatives have been involved in anti-Romani rhetoric. And
    then we go to Central and Eastern European countries--Czech
    Republic, Hungary. In Slovakia now, for example, in the
    political debate--in the political campaigns we can find
    banners on the streets: ``How long do we have to pay for the
    Gypsies?'' This should stop. So it is an issue for political
    campaign. And if 15 years ago only extreme right parties or
    extreme right movements were playing this card, now it is
    played by the mainstream as well because, at the end of the
    day, it pays votes.
        Mr. Aderholt. Thank you. Thank you, Mr. Chairman.
        Mr. Smith. Commissioner Aderholt, thank you so very much.
    Let me just ask a couple of final questions and then ask you if
    you have any final comments you'd like to make.
        Mr. Mirga, you mention that there is a need for more Roma
    in police forces. I would just note, parenthetically, there may
    be a model that needs to be replicated throughout all of
    Europe, and that's Northern Ireland. I actually chaired 11
    congressional hearings, including--in the Subcommittee on Human
    Rights, which I chair, and our Commission here, on the need for
    integration of Catholics into Northern Irish police force.
        It used to be called the RUC, the Royal Ulster
    Constabulary. And Mr. Patten, the foreign minister for the EU,
    former--very distinguished career--authored what was known as
    the Patten Report that made sweeping recommendations to London
    as to what they needed to do to make that police force more
    responsive. And I always argued that I felt that was the
    Achilles' heel. You don't get peace if you don't have a police
    force that's fair and unbiased, professionally trained, has a
    human rights focus to it.
        And I'm wondering if there's any attempt to try to take the
    Northern Irish model and replicate it elsewhere, because they
    have recruited very fine officers in the Catholic community.
    And now that force is working very cohesively. If you ring up a
    policeman you're not going to get somebody who might commit a
    human rights abuse--although there are bad apples or bad
    policemen in any police force--but not based on sectarian
    issues, or at least it's less likely now. And I'm wondering,
    has there been a look at the experience in Northern Ireland?
    And secondly, what countries are getting that right and
    bringing Roma into the police force?
        Mr. Mirga. Two years ago, together with SPMU from Vienna,
    we published a booklet on police and Roma--building trust
    between police and Roma. It contains a lot of good practices
    collected from various countries about what police can do in
    multiethnic society, how they can increase representation of
    minorities in the police forces. So a higher end example
    probably is also included there.
        What we are trying now to do is to promote this booklet and
    to launch in national languages. We had already two such
    launches--one in Romania, one in Hungary. When we were on the
    field visit in Hungary we were paying attention to the issue of
    representation of Roma in police forces, especially because we
    had this number of killings there. And we were meeting with
    Roma as well who are police officers. At the time when we were
    in the field--on the field visit, the spokesperson for Roma--
    for national police was a Roma himself--a young, Roma police
    officer.
        In Vienna where we were launching the book we had three
    Roma officers--one, and this spokesperson of the police from
    Hungary--policewoman from Hungary, and Roma officer from U.K.,
    from metropolitan police. And he was a Czech Roma who migrated
    to U.K. And there he became a police officer--the first ever
    Roma officer in the police force in U.K. So we have some of
    their examples.
        In Hungary, for example, there is around 300 Roma in the
    police force. It's a significant number. However, and
    paradoxically, in this country we had this series of attacks.
    During the elections, in this country, a trade union--the
    police trade union--has agreement with Jobbik to support
    Jobbik. So this is kind of a confusing messages, coming from
    police forces--kind of exceptional situation.
        In some other countries--in Romania, there is number of
    Roma in the police forces as well, but less than in Hungary.
    Some Roma are in police forces in Bulgaria, but not much. So
    this is something which should be encouraged and bring in more
    and more--and to have Roma and career--open career for them to
    be done. And this can contribute, of course, to the improvement
    of the integration of Roma into society. So this is something
    still ahead.
        Mr. Smith. Let me just ask you, with regards to countries
    like Germany that continue to deport Roma to Kosovo 13 years
    later, where the prospects of reintegration--unless it's very
    carefully done could be a very, very painful experience, and
    especially when you have forced repatriation being a part of
    it--what is the status of that? Is Germany and others still
    doing that? And what happens when that person who was forcibly
    repatriated arrives in Kosovo?
        Mr. Mirga. Two years ago there was a briefing in the
    Bundestag. I was part of this briefing on the situation of Roma
    of Kosovo and about the policy of Germany vis-a-vis those who
    are in Germany and supposedly should be going back. Our
    official position was that while Germany has a right to do what
    they do, because there was agreement--temporary protection was
    provided after the conflict there--to victims of the conflict
    including Roma and when they considered that there are already
    safe conditions in Kosovo, so they should be going back.
        We were saying that maybe it's a premature action. It's
    maybe not right timing. There are still tensions there,
    economic opportunities for those who return are very minor. So
    in fact, the decision to send them back, puts them in very bad
    situation after return there; the second--those who are
    returned may not be going to Kosovo itself, because some of
    them were asked where they want to go--to Belgrade or to
    Pristina? Most of them are choosing to go not to Pristina, to
    Belgrade.
        When we were trying, for example, to identify Roma who were
    returned in Kosovo, it was very difficult to find people
    because they were already not there. So maybe the policy of so-
    called voluntary or forced return is not effective at all,
    because people stay 10, 12, 13 years in Germany, living there,
    have their networks there, being with families, suddenly
    deported. They will try to find a way to go back.
        We were visiting also Roma communities in Mitrovica--
    southern Mitrovica, which is rebuilt now. U.S. also leave some
    funding for rebuilding and closing in the--And again, we are
    trying to find the people there from Germany, whether they are
    there. We found one person, a young 20-years-old man who spent
    half of his life in Germany, spoke perfect German, and who
    suddenly was taken, put on the airplane and send back. And he
    was completely lost in this environment. All his family and
    friends are there. So what he is doing here.
        So my conviction--my point--my view is that Germany should
    rethink its policy, disregard that there are some agreements
    they are entitled to do this. It might be not effective. On the
    other hand, in Germany there is a movement among the Roma and
    supporters to argue to have them stay in Germany. Romani Rose
    is one of the leading Roma activists in Germany who is
    advocating for this also with the government. So there is a
    hope maybe that some of them may stay.
        Mr. Smith. Commissioner Aderholt.
        Mr. Aderholt. Yeah, Mr. Chairman, if I could interject for
    just a minute. I am between meetings, this is--I've been at a
    hearing all morning. It's really been a crazy day for hearings
    on the Hill today. But before I do slip out I did want to ask
    about two countries in particular, the next likely candidates
    for NATO membership: Montenegro and Macedonia. What is your
    assessment of the situation of the Roma in those two countries
    just briefly?
        Mr. Mirga. As regards Macedonia, there is a significant
    Roma population, contrary to Montenegro--there is very tiny
    Roma community, though in Montenegro you have a large number of
    Roma from Kosovo who left around--over 4,000. And they are
    still living in camp where are very bad conditions.
        In Macedonia, you have, as I said, significant Roma
    population which benefited, paradoxically, from the crisis
    which was in beginning of 2000 with Albanians. There was the
    agreement, and agreement requires minority communities to
    benefit for equitable representation in public office, in
    employment. And that pays also to Roma, not only to Albanian
    minority have--I should not say minority.
        So because of that, you may see Roma represented in many
    offices of the government and authorities. So in Macedonia
    there is actually a minister, a Roma, in the government; there
    is a deputy minister, another Roma; there are several directors
    in various departments. So in this sense, Roma benefited
    because of the agreement, because it goes to all the
    communities in the country.
        Another thing is what is the situation of Roma in terms of
    social, economic, human rights and so on? This is a little bit
    different. We have a big municipality--Roma municipality in
    Skopje. It's over 30,000 people with a mayor, council, built up
    by the Roma themselves. So Roma, visible in the country. They
    are represented in some offices--not yet to the level they
    should because there's a percentage which it was not reached
    yet. But this is something progressing.
        Comparing this with Montenegro, well, they started just now
    to have a Roma council. And there is a consultation process
    with the Roma. There was a new census which included Roma and
    we know a little bit more now how many Roma are there. This is
    important because of the representation eventually in the
    parliament. If you reach some threshold, you can have
    representation in the parliament. So this is something evolving
    also with regard to representation.
        There are few educated people, though, in the country--
    around 20. They're educated and they are not working sometimes.
    So one of the issues which we raised with them--with the
    government is that as an example of positive, perhaps to act as
    a role model for others to follow in education, they should
    give some jobs to educated in the country. So we see some Roma
    who will be selected probably by the government to take some
    positions.
        So as I said, main problem now for the Montenegro Roma
    population is Roma in the camp which is a big one in
    Podgorica--Konik camp, over 4,000 people living on the dump.
    You mention sometimes the dump; it is live at the dump and they
    are there of course surrounded by other people as well, but the
    conditions are dire. So there is an effort a little bit now to
    improve the living conditions there. A commission is ready to
    put some money for rehabilitation, but we have to see how it
    will evolve in next years.
        Mr. Aderholt. That's very helpful, thank you. Would you
    like to add something?
        Mr. Gergely. Yeah, I would--just a few things about
    Macedonia. In terms of positive developments, we might mention
    that the government has acknowledged the situation, has adopted
    a policy for improving the situation of Roma. And another thing
    is that, as positive practice--is that Macedonia adopted a law
    for legalization of property rights, which might be of high
    importance for Roma, because that means legalizing informal
    settlements or providing recognition of property--land property
    for Roma. So from this point of view, Macedonia is a good
    example to be mentioned.
        It would be very interesting to follow up on the process of
    the implementation of this law, to see exactly if the Roma
    would benefit from this law in terms of recognition of
    properties, because you may know that housing is an outstanding
    issue for Roma communities. They live in informal settlements.
    Most of the times local authorities, they do not recognize the
    properties, the land--in particular land properties. So this
    law could be of high importance for Roma.
        On the other hand, in terms of the human rights situation,
    there are as well a couple of areas where Macedonia has to
    improve. It's not only the employment, education, health; but
    in terms of law reforms--for example, the legal framework for
    protecting against discrimination still has to be improved. In
    education there are a couple of cases where the Roma children
    are enrolled in special schools for children with intellectual
    disability, even though they are not disabled. So there are a
    couple of issues where Macedonia has to still improve.
        Mr. Aderholt. Thank you very much. Thank you, Mr. Chairman.
        Mr. Smith. Thank you. Mr. Gergely, can I just ask you--I
    chair the Autism Caucus here in the United States, and actually
    wrote the law in '98 and just did it again last year to put
    considerable money into autism best practices. And early
    intervention--beyond anything else that we might do,
    particularly in age two or three or four, and the earlier the
    better--can have a tremendous impact on whether or not that
    child has a better life as he or she grows into adulthood.
        I'm working closely with some Europeans and the European
    Parliament on autism. It's a big problem there. I just chaired
    a hearing last year on global autism, and the estimates are
    that there are some 67 million people worldwide who have--are
    somewhere on the Asperger--either severely autistic or
    moderately. And it's just an emerging problem that we're not
    sure what the trigger is, and there may be multiple triggers.
        But it seems to me that autism--especially as it is all
    over Europe, all over the United States, has to be a problem.
    And many kids, children in--who happen to be Roma, might be
    further disadvantaged because the early intervention
    initiatives are not available to them. And I'm wondering if
    there's been an effort to include them.
        Education per se for Roma children is substandard because
    of inadequate response by governments anyway. But this is above
    and beyond because it--testing needs to be done. You know, just
    a general sense of, why is my child not behaving the way he or
    she ought to, may not trigger the response. And if those social
    services are not there--and if the educational establishment is
    not working to help those kids--they are further disadvantaged.
    Your thoughts on that?
        Mr. Gergely. Well, this is an outstanding issue for Roma
    children as well. European Roma Rights Center was involved in
    lodging several complaints on behalf of Roma children before
    the European Court of Human Rights. And we have some--a couple
    of decisions, one against the Czech Republic, one against
    Croatia. There is another decision against Greece. And there
    are several examples of cases before national courts--Romania,
    Hungary.
        It seems that it is a practice to enroll Romani children in
    separate classes, separate schools or special schools for
    mental disabled children, in the absence of any medical record
    that this children would need a special education, a special
    attention, paid for. What we are advocating a lot is that
    Romani children have to be enrolled in mainstream schools. The
    practice of segregating Romani children--either in segregated
    classes, segregated annexes to the schools or special schools--
    has to be ended. And the decisions from the European court are
    in this regard.
        The problem is that, in a lot of member states, there is a
    lack of reform in the educational systems. The governments are
    a bit reluctant in reforming systems. Czech Republic is maybe
    one of the cases where we had a decision from 2007, and the
    government--it's still struggling in reforming the educational
    system after five years from the decision,when the government
    had to reform its system on the basis of the court's decision.
    And still that is not the case. So we have several situations
    in other countries as well. Unfortunately it is a practice in
    Europe to put Romani children in segregated spaces, I would
    say.
        Mr. Smith. Could I ask you, with regards to autism, whether
    or not there has ever been a surveillance? And again, going
    back to 1998, I introduced a bill that was signed into law in
    2000 that required the Centers for Disease Control to set up
    centers of excellence, as we call them. And it really came out
    of case work in my own district, where we thought we had a
    prevalent spike in Bricktown, New Jersey. And when we started,
    or they started, doing their data calls, they found out that
    other municipalities had a similar rise, inexplicable. And we
    went from believing that the prevalence rate in the United
    States was three out of every 10,000 children to one out of
    every 110.
        And I'm not sure--if they're not part of the surveillance,
    large numbers of Romani children could be left further behind
    because their autism has not been discovered and early
    intervention and other--I mean, segregation for a severely
    autistic child is required, as long as they're getting service
    that is commensurate with the problems that they face, so that
    they can become better-functioning. But if it's done just to--
    as you are clearly saying--to separate in the way that African-
    Americans were separated in this country years ago, through
    laws that were just to set apart--that's prejudicial and
    discriminatory and certainly totally unethical. But I wonder if
    that's been even looked into the way it ought to be.
        Mr. Gergely. It was not substantially looked upon, but the
    other problem is also the lack of proper testing procedure when
    they are applied through Romani children, because this is where
    the problem starts. They are enrolled in special schools
    without being properly tested. So basically they are tested--
    they are enrolled on the basis of a social-economic
    disadvantage, not on the basis of a medical ground. This is
    what is happening.
        Mr. Smith. You know, just to--point for pondering: We're
    pushing more police understanding of what a severely or even
    moderately autistic child might be experiencing, because that
    child--as he or she becomes an adult--might fly off the handle,
    and a cop will respond in a way that then leads to an
    altercation.
        The child gets--young adult--incarcerated, and they're
    dealing with a disability that made them prone or almost
    predetermined--given the right trigger--to respond negatively
    and then go to jail. So we have children--young adults, I
    should say--in our own jails who shouldn't be there, who are
    really--medical issues that went unaddressed. And I'm sure
    they've got to be occurring within the Romani community.
        Let me just ask one final question, and then yield to Erika
    Schlager, our expert. You know, one thing about the--and you
    know this, I think--about this Commission is that we are
    blessed with very, very talented and effective staff who make
    it their business, 24/7, year in and year out, to know,
    understand and work the issues, including the Romani issue--
    human rights issues. So I will yield to her.
        I just want to ask one final question on trafficking. In
    your report, Mr. Gergely, you make it very clear that--and this
    is just one fact that you have in there--24 percent of the
    Romani trafficked persons interviewed in this study, the
    ``break into silence'' study, had been in contact with the
    police, and only one case resulted in the imprisonment of the
    perpetrator.
        You point out in the study, the overwhelming lack of
    support available to Romani trafficked persons negatively
    impacts the ability of many to re-integrate, leaving them
    highly vulnerable to re-trafficking. And of course that is true
    anywhere; it's true here. When they don't get the kind of
    services that they need, soon as they're back out on the
    street, if you will--even if rescued, the traffickers are
    waiting there to re-enslave them.
        And you also in your recommendations say that there needs--
    and this would be to you, Mr. Mirga--to promote networking
    between Romani NGOs, Romani mediators and Romani community
    representatives to law enforcement and anti-trafficking
    authorities, to combat trafficking in Romani communities.
        And I'm wondering, since all of our countries now have
    plans of actions--or at least almost all, including the OSCE
    space--are they looking to put that piece in, so that the
    Romani--who are disproportionately trafficked--have those re-
    integration services available to them, so they're not enslaved
    a second and a third and a fourth time?
        Mr. Gergely. Well, as I said before, the problem is that,
    in several countries, this is not acknowledged as an issue. So
    therefore you do not have a policy which addresses this. That's
    why we recommended in the report that there should be a
    networking in place--meaning cooperation between the
    communities and the law enforcement. This unfortunately is
    lacking because the law enforcement doesn't see it as an issue
    which has to be tackled in a particular way. But this is apply-
    able to other areas, unfortunately.
        Mr. Mirga. Yeah. I think that one of the issues which
    should be raised here is neglect. Neglect, yes. And this goes
    in many other areas. Not only in the issue of law enforcement
    and care about something like victims of trafficking. Because
    if they identify something like a Roma, well, this is kind of
    less an issue. Similarly with education why Roma children are
    not in the school, and there is obligation for having them in
    the school. Sometimes school authorities just neglect their
    obligation to control and that they should be in school, not
    outside of the school.
        So in this way, we can see that Roma are sometimes a
    second-class citizen whether in the situation of victims or in
    the situation of children who should be in school. And we see
    this in many places. And so something like--if we expect Roma
    to be included into the society, we should--and be treated
    equally or sometimes even positive discrimination applied--we
    have to of this kind of negligence--of neglect, closing eyes on
    the issues.
        And we should apply strongly the existing law. If there is
    a convention of child protection--if there is a law which says,
    until secondary education a child has to be in school--
    authorities should enforce this, not just neglect--because you
    are Roma, we don't care what you do. So this is one of the
    source of being left out completely in many situations,
    including, trafficking.
        The second about--thinking about trafficking, I think we
    already pointed out that there is a real lack or a little bit
    of real commitments to fight against. I know the situation in
    some of the countries where--because of the pressure from
    outside, and providing funding--there were many agencies
    created to deal with anti-trafficking. But when you try to push
    to get some data, what has been--how this was effective to
    prevent trafficking, you cannot get positive results. It's
    simply--the procedure is continued, and you do not see positive
    results. So that is what is concerning: multiplying agencies
    and institutions which absorb funding, various funding from
    donors, let's say--but you do not see a real progress in
    stopping the process.
        Mr. Smith. I'd like to yield to Erika Schlager.
        Ms. Schlager. Thank you, Mr. Chairman. Two years ago, at
    the time of the murders in Tatarszentgyorgy, in Hungary, there
    was I think quite a lot of shock at the brutality of the murder
    of the father and son there. And two prominent Romani Hungarian
    public officials spoke to this. Florian Farkas warned that
    Hungary could be headed towards civil war, and Viktoria Mohacsi
    said Roma would have no choice but to arm themselves or flee.
    Without limiting yourself to Hungary--that is, speaking more
    broadly to this phenomena in Bulgaria, the Czech Republic,
    elsewhere--how do you view the prospect of interethnic
    violence? Thank you.
        Mr. Mirga. I think that, in the situation like we had in
    Hungary, first reaction was to escape. You had a rise in people
    who were migrating, Similarly, in Czech Republic, we had a
    crisis where immigrants were going to Canada; Canada had to
    introduce visas. Now we have again similar things in Western
    Balkans, when you have significant number of Roma asking for
    asylum, claiming the situation.
        So I think first reaction is to avoid something like being
    targeted by some groups, by extreme, and leave. The second--if
    this is not a way out, and you have to stay--so the potential
    for some--I would not say interethnic conflicts, but
    victimizing the weaker, because Roma are not strong enough to
    stand up. So more kind of a violence against the Roma may
    happen. And we warn that--against that, especially in the
    context of a continuing crisis, where you will see more
    austerity programs which will impact welfare transfers to Roma,
    who are mostly dependent on welfare.
        So you may see this kind of situation where Roma can be
    victimized by majority, because there is a growing resentment
    against the Roma, built up by some elements in society. I
    would--in my view, I would not see this like a real conflict
    like we had with--let's say, between Albanians and Macedonians
    in Macedonia, or like a real civil war. But more like something
    which the weaker will be suffering more. So that's what I feel
    may happen more often.
        Mr. Gergely. What I would add is that the environment now
    is very critical. The economic crisis in Europe on one hand,
    the deterioration of the political environment, the gap in
    terms of social and economic situation of the Roma--these
    factors put the Roma community at a high risk. Of course that--
    when we see all these manifestations against the Roma taking
    place in several countries, when the political environment is
    changing--unfortunately not in a very positive way, but rather
    on negative way--you cannot but wonder where it would lead to.
        So I think that the sentiment of the Roma communities is
    not a safe and a secure sentiment. It's one of insecurity; it's
    one of lacking the feeling of being protected. So it is
    extremely important that when member states are addressing the
    issues of the Roma communities, they are not focusing only on
    economic or social perspective, but rather they see it as an
    interdependent process with assuring human rights.
        If human rights are not protected, if you do not have a
    human rights-based perspective which is mixed with the social
    and economic perspective, and without having an inclusive
    approach, as long as we keep the Roma communities outside and
    the majority of the societies on the other side, we will never
    reach to a common ground, but we will be all the time parallel
    without reaching anything.
        So I think that the member states has to really see this
    danger which is there. And they should really put together this
    economic and social perspective, ensuring human rights
    protection. That's the most outstanding issue now.
        Mr. Mirga. Just to add something with--to the question. We
    see something which is completely new--mass protests against
    the Roma, It never happened before. We had eventually a
    community of violence, local community was against Roma
    community. That happened many times in many places since
    transition. But to have somehow mobilized a large number of
    majority and have them going outside on the streets to protest
    against the Roma, this is something new. And this very
    worrying.
        Something new is also how extreme right is organizing
    people. In North Bohemia, these groups are organizing protests
    and they are joined by normal citizens, young people. And these
    organizations are small, but they are mustering to have several
    hundred or thousand people going against the community against
    something--something new. And that never similar things were
    happening in the past. And this shows the direction of how
    things can evolve.
        That, as I said, you may have this kind of victimization of
    the weaker in this relationship, Roma-majority. And we have to
    speak up about this. We have to raise awareness about this. We
    have also to ask U.S. to react to this. Governments have to
    realize that protection of the communities, the first, and to
    diffuse this kind of action which are undertaken by some
    elements of the--of the majority.
        I would like to, for example, to appreciate steps made by
    Bulgaria when the riots started and these mass protests were
    organized in several cities, they arrested several hundred
    people. And after, we do not hear any more about such organized
    protests against the Roma. Also, what is positive thing--during
    the local elections, Ataka--they didn't do well, they lost.
    They had over 200-something councilors in the local elections
    in the previous time. Now, they have much less, like one-third
    of this.
        So maybe either population or politician understood that
    such an aggressive anti-Roma politics is not anymore right and
    it's not so society didn't buy it in general. So I would like
    to encourage this kind of freedom, unwavering opposition of the
    leadership of the government, of the president, leaders of the
    mainstream parties which stands on principles and they saying,
    ``This is not acceptable; we condemn this,'' in a uniform
    voice. And that's also what we would like to see happening from
    the U.S., that these strong messages about the principles are--
    should be going straight forward to a number of countries.
        Mr. Smith. Mr. Gergely, is the United States--from the
    president to the vice president, secretary of state--speaking
    boldly enough, with enough specificity to--on the Roma issues--
    to our European friends?
        Mr. Gergely. Yes, they are. I mean, the state secretary,
    Hillary Clinton, has a history in taking firm standing on Roma
    issues. Of course, having a similar message from the President
    of the United States would be something which would very much
    have a very clear and outreaching message to the European
    countries--
        Mr. Smith. Has he mentioned it? Has the President of the
    United States mentioned it?
        Mr. Gergely. Not yet. But it would be something----
        Mr. Smith. Sure.
        Mr. Gergely. ----which would give a strong message for
    the--for Europe, I think----
        Mr. Smith. Right.
        Mr. Gergely. ----in terms of protecting human rights for
    minorities. We are looking very much forward for U.S. to have a
    similar standing and a position on Roma issues, as it was until
    now.
        Mr. Smith. Thank you. And I do have one final question. The
    World Bank in a report suggested that if there was full
    integration of the Roma community into the labor market, that
    about a half a billion euros per year--annually, obviously--for
    some countries would be the result, of positive consequences.
    So it's not just a human rights issue, a humanitarian issue,
    and a simple justice issue. It's also a very positive economic
    issue if full integration were to occur. And I'm wondering is
    that appreciated by governments, that they're missing out of a
    positive economic benefit for the rest of the community if they
    were to integrate?
        Mr. Gergely. What I would say is if we look around in
    Europe we would see that a lot of political commitments have
    been in place in terms of improving the Roma situation, a lot
    of governments have adopted policies for improving the Roma
    situation. But unfortunately, the governmental commitments
    which we're undertaking have been dissoluted at local level,
    which shows that in practice having a commitment is not enough.
        On the other hand, when the governments were adopting
    policies for improving the Roma situation, what they were
    missing to put there, beside the commitment, was the financial
    resources for implementing those policies. So of course, in
    order to ensure employment, you need resources for providing
    trainings, for providing education, skills, and so on and so
    forth--jobs, market, formal market. It's not--it's not easy at
    all. It is a long process. It takes time. But unfortunately,
    the governments are not committing their resources for
    implementing such policies.
        Now there is a lot of expectation from the European Union,
    because the European Union has adopted the framework
    communication on the policies. Now all the member states are
    expected to develop and to have the policies for the next 10
    years. There's a lot of emphasis on the financial resources,
    because the union has the financial resources in place. The
    only thing is that the member states have to apply for it. You
    have to request, have to have the capacity.
        The reports from the European Union shows that the European
    funds absorption rates from the states are extremely low. With
    other words, the states are not able to absorb the financial
    resources which the European Union puts in place. So now the
    question is if the member states are absorbing less than 30
    percent of the available funds, how would they would be able to
    absorb funds for Roma strategies? So the outstanding question
    here is whether the states are able not to put their own money,
    but to get the money from the union in order to implement the
    policies for Roma.
        Mr. Smith. Mr. Mirga.
        Mr. Mirga. Just to comment on your question, I think it is
    very valid argument, financial one, that governments is losing
    and because of large work power which is not utilized at all,
    to some extent of course because still if there is no will,
    this argument will not work. Politicians, government may just
    listen to, but they are not ready to, first, to invest to get
    after what is the return. If you have a, let's say, sometimes
    80 percent of people not working, so how to mobilize these
    people if they have no skills, no education?
        So what we are saying, you have to adopt a long-term
    perspective. You have to start with early education of new
    generations, because if you will not start early and prepare
    the children to be equal with others in the school, they will
    never finish high school, they will never finish universities.
    And now education is a key to enter labor market. And there is
    a competitive labor market. Some place people are young,
    educated and they are without jobs. In some countries, it's
    like 40 percent, 50 percent of young people without jobs. So
    imagine now Roma, who have 1 percent educated and they are
    discriminated, how they can enter the--such a competitive
    field. So in order to really solve the issue, you have to have
    a long-term start from the beginning, invest this money and
    expect that maybe in 20 years there will be some return.
        So the argument that now you can lose many money because
    they are not involved in may not work with many politicians at
    the moment. So our hope is that, especially in the time of
    crisis where Roma even more are limited to take income and
    jobs, what we can argue is do more with education, right,
    starting from the beginning--
        Mr. Smith. Are there countries that provide the proper
    incentives--scholarships, for example--that do better than
    other countries, particularly for higher education, so that
    those marketable skills can be learned?
        Mr. Mirga. Well, there are some countries who provide
    scholarships, yes.
        Mr. Smith. Who would you say is best? You may not want to
    say, I understand.
        Mr. Mirga. The best? Well, I can say some positive steps
    are taken in Poland, for example. We have a scholarship system
    since already for six or seven years. Each year we have like 50
    students supported from the budget. They are receiving monthly,
    like, 150 euros. So this is a significant help. This is a
    significant support. We have in Hungary a scholarship system.
    We have in Romania reserved seats at the universities.
        So there are a number of good--but it's still small-scale
    project. It should be more. But you have to do also not at the
    only at the level of university, you have to take care that
    there is more children going through the system and reaching
    university. Now is very small percentage which is able to pass
    through education and to reach university.
        Mr. Smith. You know, one of the greatest trainer of skills
    in the United States and I guess--I would suspect Europe as
    well--are the U.S. military, our armed forces. How accessible
    are the militaries of respective countries to Romani young
    adults who want to enlist?
        Mr. Mirga. I think--what I know about some countries is
    like, for example, in Central, Eastern Europe in former
    Czechoslovakia, yeah, army was a kind of a space where you can
    make a career. Some of the leaders, present leaders, were rank
    officers in the army. I don't know what is now at the moment,
    whether it's still such openness, but I don't feel that it not.
    At that time, it was much easier to be subscribed to army and
    eventually some prospects was--
        Mr. Smith. Is there any attempt on the militaries to
    recruit among the--
        Mr. Mirga. This I don't know. How it is--whether or they
    are active, yeah, they are reaching out the community, here I
    cannot say. It's similar probably like in police; you may have
    some declarations, but openness of the forces are sometimes not
    so. And there are also some inhibitions on the Roma side we
    have to be clear about as well to be in police, for example.
        Mr. Smith. I want to thank both of you. If you would like
    to make any last comment but--I'll give you the last word--but
    you certainly made many very important and incisive
    recommendations. Your commentary will be very widely
    disseminated. And it helps us to do a better job. And I am
    deeply, on behalf of my fellow commissioners, grateful to you
    for your leadership and for taking so much time out of your
    day, and really couple days, to be here to provide us that. So
    I thank you. If you would like to just make any final word or
    we'll just conclude.
        Mr. Gergely. I would just like to thank you for giving the
    opportunity of my organization to have this statement here.
        Mr. Mirga. I would like maybe to make some short statement
    about the ODIHR and our cooperation with the EU.
        Last year, we were working closely with the [inaudible].We
    had a number of high level meetings with the government there
    to raise awareness about the needs for concrete action
    regarding Roma in Western Balkans who are in the pre-accession.
    So the pre-accession has to be used differently how it was used
    in the past. But this opportunity was somehow missed, because
    this is at the right time to exert pressure on the governments
    and to do more.
        We were also awarded with the EC grant to do project in
    Western Balkans. It's called Best Practices for Roma
    Integration. And we aim to work with all the countries there,
    including Kosovo, in identifying best practices in five areas
    and will try to implement them.
        In this context, I would like to thank also U.S. for
    supporting financially this project, made some contribution.
    Germany made also some contribution to this money. And we are
    grateful for that. And at the end I would like to thank Erika
    Schlager, a professional staff member of the Helsinki
    Commission. I admire her as she is tireless in all her efforts,
    whether it's in promote Roma rights here in Washington and the
    OSCE area. This hearing is also thanks to her dedication. So
    thank you very much, Erika. Thank you.
        Mr. Smith. Thank you. On that last word, the hearing's
    adjourned. Thank you.
        Mr. Mirga. Thank you.
                                A P P E N D I X

    =======================================================================

                              Prepared Statements

                                  ----------

     Prepared Statement of Hon. Christopher H. Smith, Chairman, Commission
                     on Security and Cooperation in Europe

        Good afternoon and welcome to everyone joining us this afternoon--
    particularly to our witnesses, who have travelled here from Europe to
    be able to testify today. We appreciate your dedication to the human
    rights and dignity of the Romani people, probably the most
    discriminated against and disadvantaged people in Europe today.
        Roma, Europe's largest ethnic minority, have faced discrimination
    and worse for hundreds of years. In parts of Europe they were even
    literally enslaved, as late as the 19th century, when our own country
    was battling this evil, and, in the 20th century, were the victims of
    German genocide during WWII--an estimated 500,000 Roma were
    exterminated by Nazi Germany and its accomplices.
        In 1990 hopes for the democratic transitions underway were
    enormous--and the OSCE was likewise optimistic that it would play its
    part in ensuring that Roma would be equal sharers in the benefits
    freedom, democracy, and the free economy would bring.
        But the 1990s were difficult years for Roma, who were faced with
    pogroms, murders and other acts of violence, and police brutality. With
    a view to that violence, I wrote to then-Assistant Secretary for
    Democracy, Human Rights, and Labour Harold Koh regarding Romani human
    rights and religious freedom--and urged the State Department to be sure
    that these issues were fully covered in the Department's annual Country
    Reports on Human Rights Practices.
        The commission became increasingly active on Roma human rights
    issues. In 2002, we held a Helsinki commission hearing on the situation
    of Roma. And that same year, my resolution on improving equal
    opportunities for Roma in education was adopted by the OSCE
    Parliamentary Assembly.
        Although about ten years ago many countries began to implement
    measures to stem the violence, resulting in fewer attacks and more
    accountability when attacks occurred, the sad fact is that these
    positive developments have not been sustained.
        To make matters worse, in recent years there has been a terrifying
    escalation of violence against Roma, prompting to a Helsinki Commission
    to hold a briefing on this issue in 2009. The current wave of violence
    has resulted in horrible fatalities--like the murder of five-year-old
    Robert Csorba in Hungary, who, along with his father, was killed by
    sniper fire when they tried to flee their burning house which had been
    set on fire by Molotov cocktail. There are many cases of horrifying
    violence against Roma: people have been maimed or disfigured for life,
    like the 13-year-old girl in Hungary shot in the face by the extremists
    who also killed her mother, or the toddler known as ``Baby Natalka'' in
    the Czech Republic who was burned over 80% of her body in a Molotov
    cocktail attack. And as we discuss today the anti-Roma mob attacks and
    demonstrations that continue to occur in several countries, we should
    ask: what is the impact on families and children who huddle in their
    homes while a mob outside yells ``Gypsies to the gas!''? Exactly this
    sort of thing is really going on-- in the year 2012 Roma still have to
    face such open savagery.
        Yet at the same time many governments are voicing serious concerns
    about the situation --one of the purposes of this hearing is to ask how
    well the solutions respond to the problem. Every EU country is now
    working up a ``national strategy for Roma integration''--do these
    strategies respond to the real gravity of the danger threatening Roma?
        Likewise our own State Department has prioritized the rights of the
    Romani people, and this has been implemented with real commitment by
    many ambassadors and human rights officers. Yet the Country Reports on
    Human Rights Practices have been uneven and so we will have to continue
    to watch them carefully--they should be a touchstone of our
    government's commitment to the human rights of the Romani people.
        Finally, we should also talk about humanitarian concerns. In the
    post- communist countries, Roma have been the absolute losers in the
    transition to market economies. Last year Hungarian Minister for Social
    Inclusion Zolton Balog said that their situation is worse today than it
    was under communism. Over the past twenty years, Roma have been caught
    in a downward spiral accelerating at exponential rates. While they were
    at the bottom of the social ladder during the communist period, today
    they are often ``off the grid,'' living in shantytowns, urban ghettos,
    or segregated settlements. A UNDP report concluded that Roma in five
    Central European countries live in conditions more typically found in
    Sub-Saharan Africa than in Europe. But can governments really expect to
    make improvements with regard to other problems Roma face--in housing,
    employment, education and so on--if shocking acts of violence continue
    unabated?

    Prepared Statement of Hon. Benjamin J. Cardin, Co-Chairman, Commission
                     on Security and Cooperation in Europe

        Mr. President, at the end of January, something remarkable
    happened: Slovak Deputy Prime Minister Rudolf Chmel made a positive
    statement about Roma. Saying something nice about Europe's largest
    ethnic minority may not seem newsworthy, but it is and here is why.
        The Deputy Prime Minister reacted to an escalation of anti-Roma
    rhetoric in the runup to Slovakia's March 10 parliamentary elections by
    calling on political parties not to play the ``Roma card.'' But more
    than that, he welcomed a landmark decision of the European Court on
    Human Rights holding that the sterilization of a Slovak Romani woman
    without her consent had been cruel and inhuman. He welcomed the
    findings of a Slovak court that concluded Romani children had been
    placed in segregated schools in eastern Slovakia. And he commended the
    human rights organization that had helped litigate both these cases.
        To say that statements like these are few and far between is an
    understatement. On the contrary, officials at the highest levels of
    government frequently perpetuate the worst bigotry against Roma.
        For example, after four perpetrators were convicted and sentenced
    for a racially motivated firebombing that left a Romani toddler burned
    over 80 percent of her body, Czech President Vaclav Klaus wondered if
    their 20-plus-year sentences were too harsh. Romanian Foreign Minister
    Teodor Baconschi suggested that Roma were ``physiologically'' disposed
    to crime. Last year, President Silvio Berlusconi warned the electorate
    of Milan to vote for his party lest their city become a
    ``Gypsyopolis.'' And French President Nicolas Sarkozy has explicitly
    targeted Roma--from EU countries--for expulsion from France. The common
    thread in most of this rhetoric is the portrayal of Roma as inherently
    criminal.
        Nearly 20 years ago in the New York Times--Dec. 10, 1993--Vaclav
    Havel described the treatment of Roma as a litmus test for civil
    society. Today, Europe is still failing that test miserably. As
    Hungary's Minister for Social Inclusion Zolton Balog has argued, Roma
    are worse off today than they were under communism. While a small
    fraction of Roma have benefited from new opportunities, many more have
    been the absolute losers in the transition from the commandto- a market
    economy, and vast numbers live in a kind of poverty that the United
    Nations Development Programme described as more typically found in sub-
    Saharan Africa than Europe. Endemic discrimination has propelled
    economic marginalization downward at an exponential pace, and the past
    20 years have been marked by outbreaks of hate crimes and mob violence
    against Roma that are on the rise again.
        In the current environment, those who play with anti-Roma rhetoric
    are playing with a combustible mix.
        In the near term, there is the real prospect that fueling prejudice
    against Roma will spark interethnic violence. Before Bulgaria's local
    elections last October, the extremist Ataka party parlayed an incident
    involving a Romani mafia boss into anti-Romani rioting in some 14 towns
    and cities. In the Czech Republic, the government has had to mount
    massive shows of law enforcement to keep anti-Roma mobs from
    degenerating into all-out pogroms; its worked so far, but at a huge
    cost.
        Significantly, Roma are not always standing by while the likes of
    the Hungarian Guard mass on their doorsteps; they have sometimes
    gathered sticks, shovels, scythes, and anything else handy in an old-
    school defense.
        Even without the prospect of violence, there is a longer term
    threat to many countries with larger Romani populations: if they fail
    to undertake meaningful integration of Roma, they will find their
    economies hollowed out from within. More than a decade ago, then-
    Hungarian Minister of Education Zolton Pokorni said that one out of
    every three children starting school that year would be Romani. Some
    economic forecasts now suggest that by 2040, 40 percent of the labor
    force in Hungary will be Romani. A number of other countries face
    similar trajectories.
        A desperately impoverished, uneducated, and marginalized population
    will not serve as the backbone of a modern and thriving economy. But
    several studies have shown that the cost of investing in the
    integration of Roma--housing, education, and job training and the like-
    -will be more than offset by gains in GNP and tax revenue. In order to
    undertake those integration policies, somebody has to build popular
    support for them. And that is where Mr. Chmel comes in.
        Until now, most popular discourse about Roma seems predicated on
    the ostrich-like belief that perhaps they can be made to go away. Few
    politicians have shown the courage and foresight to reframe public
    discourse in any way that acknowledges Europe's future will definitely
    include Roma. Mr. Chmel has taken an important step in that direction.
    I hope he will inspire others.

     Prepared Statement of Andrzej Mirga, Senior Adviser on Roma and Sinti
                                  Issues, OSCE

        Honorable Chairperson, Distinguished Members of Helsinki
    Commission, Ladies and Gentlemen,
        I would like first to express my gratitude to the Chairperson of
    the Helsinki Commission for organizing this hearing on Roma and Sinti
    today. It's a great opportunity to share with you our views and
    concerns regarding Roma and Sinti in the OSCE area with this important
    Commission. It's the right time to address these issues, as some
    developments in recent years are highly disturbing and we need to speak
    up about them.
        I testified here with several Roma friends in mid-2009. It was a
    time when the financial and economic crisis had erupted and we
    signalled the worrying developments that were evolving with regard to
    Roma and Sinti. Today, with fiscal difficulties in a number of European
    countries and a second economic crisis looming, I have to report to you
    that some of these concerns, unfortunately, have become reality. No
    doubt, the ongoing economic difficulties have intensified uncertainty
    and exacerbated some of the negative trends I elaborated upon in the
    briefing in 2009.
        On a general note, let me underline that most problems facing Roma
    and Sinti populations have by no means been resolved and, for the most
    part, this minority has not yet benefited from lasting improvements in
    human rights and social inclusion; this is unfinished business in
    Europe that requires much stronger and longer-term interventions at
    national and European levels. That was one of the conclusions in my
    2009 briefing here, based upon the findings of ODIHR's 2008 Status
    Report on Implementation of the Action Plan for Improving the Situation
    of Roma and Sinti in the OSCE Area. This conclusion is more valid than
    ever today.
        Currently, it seems the requirement for much stronger and longer-
    term intervention is widely recognized, as all major international
    organizations and EU institutions are calling upon governments to step
    up their efforts to realize objectives regarding Roma and Sinti social
    inclusion. This is done partly as a response to a serious and dangerous
    rise in violence and intolerance against members of this minority in a
    number of countries. It comes, however, at a time when European
    governments face real fiscal and economic difficulties, making it a bad
    time to approach them on other issues. Governments are facing tough
    decisions on the introduction of austerity programmes to reduce public
    spending and keep national debt under control.
        In the 2009 briefing I mentioned ODIHR plans to conduct a field-
    assessment visit to Hungary. We spent nearly two weeks in the field
    there, produced a report with a set of recommendations, and have since
    organized follow-up activities with the Hungarian authorities. Our time
    in the different localities we visited, including those where Roma had
    been attacked, and some killed, provided us with a sense of what was
    going on at the grass-roots level, what people, both Roma and non-Roma,
    felt, and of developing trends. Clearly, the economic gap between the
    majority population and the Roma was not diminishing, there were
    underlying causes for tensions, and feelings of insecurity or being
    threatened by radical groups were high among Roma.
        I claimed also that the next elections in Hungary would be a test
    case for the extreme right's quest for political power and for the
    effectiveness of their anti-Roma campaign. Regrettably, those
    campaigning using anti-Roma rhetoric attracted significant support. We
    see this development as part of a dangerous trend in Europe, with more
    such extreme-right, populist and nationalist groups entering into
    mainstream politics; examples of this trend can be found in a number of
    OSCE participating States. Another test case is approaching with
    Slovakia's parliamentary elections, where one party is already openly
    using anti-Roma rhetoric in its campaign.
        Roma and Sinti migration has become a key challenge, and it will
    likely remain so for some time. The social stigma associated with Roma
    and their visibility as migrants will continue to heighten the risks of
    discriminatory practices and of social exclusion in countries of
    destination.
        In the past two years, in the context of deepening economic
    hardships, we have witnessed a number of disturbing developments. There
    was the crisis related to Roma migrants in France, we have seen the
    rise of tensions with extreme-right or neo-Nazi groups in North Bohemia
    in the Czech Republic, we have seen mass protests against Roma in a
    number of cities in Bulgaria, following the incidents in Katunitsa,
    near Plovdiv.
        In most of these situations we have seen populist, extreme-right or
    neo-Nazi groups actively exploiting anti-Roma prejudice, sometimes
    generating hostility or instigating violence against Roma and Sinti
    communities. We are concerned about current public discourse on Roma
    and Sinti that revives past anti-Roma rhetoric, centred on the image of
    them as ``nomads'', viewing them as a burden to social system or as
    dangers for public security and order based on alleged `Gypsy
    criminality'.
        The rise in open and often radical anti-Roma politics and policies
    at local levels is another challenging and new phenomenon. We witness
    local authorities and mayors actively pursuing policies aimed at
    forcing Roma and Sinti from their communities. Exclusion or separation
    is openly advocated in some municipalities, including in the
    segregation of children in educational systems. There are also cases of
    the refusal by local authorities to accept or request state aid aimed
    at supporting Roma communities.
        The Roma and Sinti, along with other disadvantaged minorities, are
    right now passing through `hard times', facing `hardening attitudes'--
    just to recall the title of last year's briefing. This sense of
    hardship for Roma and Sinti is well illustrated in OSCE documents. The
    Astana Declaration, the 2009 Ministerial Council Decision from Athens
    the 2010 Review Conference in Warsaw, OSCE Parliamentary Assembly
    Belgrade Declaration and the 2011 Human Dimension Implementation
    Meeting Special Roma Day all addressed concerns regarding rising levels
    of violence and intolerance against members of this minority. Most
    recently, on 1 of February this year, the Declaration on the Rise of
    anti-Gypsyism and Racist Violence against Roma in Europe was adopted by
    the Committee of Ministers of the Council of Europe; the Committee
    expressed its deep concern about this trend.
        ODIHR in the past have been more focused on providing assistance to
    newer democracies and States in crisis or post-crisis situations.
    Today, and likely over the near future, such an assistance will be
    provided to consolidated and young democracies as instances of hate
    crime targeting Roma and Sinti may become a recurrent issue there.
    ODIHR has followed all of these developments closely and will continue
    to do so. The office managed to organize several field assessment
    visits to participating States and is preparing next one: all were led
    by the Senior Adviser on Roma and Sinti Issues.
        Parallel to these worrying developments, we are witnessing more
    promising efforts and initiatives aimed at ensuring human rights and
    social inclusion of Roma and Sinti. The most important are the new
    agenda of the European Union on Roma. With EU enlargements in 2004 and
    2007 that brought in a majority of Europe's Roma population, the centre
    of gravity for Roma and Sinti issues has, quite understandably, shifted
    to the EU and its institutions. The EU has both the political and
    financial tools to enforce some measures on its member States,
    something that other organizations do not have.
        Most recently, on 5 April 2011, the Commission issued a
    communication on an EU Framework for National Roma Integration
    Strategies, which was endorsed by the European Council in June. The
    Framework commits all 27 Member States to the development of targeted
    policies that systematically tackle the socio-economic exclusion of and
    discrimination against Roma people throughout the EU.
        This complex EU agenda on Roma and Sinti has been overshadowed by
    the euro crisis itself. Much of the response to the question of how
    this new effort of the EU regarding Roma can be successful and lasting
    will depend on the responses to other questions: How will the EU
    resolve the present crisis, and how long it will take to recover from
    it? Surprisingly little attention however, appears to having been paid
    to its possible negative impact on the most socially and economically
    disadvantaged groups in societies, including the Roma and Sinti. There
    seems to be a somehow parallel discourse on Roma disconnected from
    ongoing debates and concerns.
        The enlargement has been a matter of politics and not exclusively
    of standards and benchmarks. Pre-accession support programmes for Roma
    did not work to better integrate them; these programmes helped to
    design activities and establish offices for Roma policy, but were mere
    `window dressing'. Regrettably, expensive EU-funded projects have left
    few traces of outputs in Roma communities or a sense that these
    communities benefited. They remain socially excluded, with only a
    minimal chance of increased integration and improving their lives.
        The reports recently commissioned by the EU on use of its financial
    and policy instruments with regards Roma are in most parts critical:
    minimal progress has been achieved, disproportional funds were used to
    produce short-lived outcomes; existing initiatives and programmes have
    been confronted with a lack of political will at both the national and
    local levels; the effective use of structural funds as, well as the
    possibility of funds being misused, have both come into question. The
    reports recommended setting benchmarks and improving monitoring and
    evaluation, as well as focusing on attaining results and outcomes.
        To conclude this part: prospects in the short term appear poor in
    fields where there has been some constant, if minor, improvement in the
    past, such as in education, housing, political participation or Roma
    representation in public media. In a number of participating States
    there appear to have been setbacks in the areas mentioned above, as the
    gap between standards for Roma and Sinti and the majority populations
    have been, in fact, widening. With few social or economic indicators
    showing improvement in the situation of Roma, and evidence of
    increasing hostility toward their communities among non-Roma in some
    States, these disturbing trends might not just continue, but could very
    well worsen.
        In the crisis like this one the greatest challenge is raising the
    level of employment and opportunities for income among members of Roma
    and Sinti communities. Both the lack of education and skills and well
    as discrimination in the labour market effectively hinder progress in
    this area. The issue is even more challenging with the rising level of
    unemployment among majority populations, including among graduates and
    the young.
        Roma civil society has undergone difficult times as well. First,
    with accession concluded, donors and big private foundations tend to
    move their activities out from new EU countries. Within the EU space,
    Roma civil society, in particular, faces hardship in securing funding.
    Currently, the main sources for funding have become the state and/or EU
    financial instruments. Dependency on state funding brings limitations
    and disadvantages; funding may depend on the good will of a particular
    administration or other considerations. The weak development of human
    resources on the part of Roma organizations also impacts negatively on
    the securing of funding from EU sources; access to EU funding
    opportunities are a matter of specialized skills, knowledge and
    structures. As a result, Roma civil society may face difficulties in
    securing funds.
        What therefore would I urge states to do?
        Rising racism and extreme right pose a real threat to minorities,
    including immigrants and Roma and Sinti and, in consequence to social
    cohesion. Renewing commitments to teaching tolerance and preventing
    activities of neo-Nazi and extreme right groups is a most urgent need.
    The media can play a crucial role in combating discrimination and
    prejudices against minorities, immigrants and in particular Roma and
    Sinti. This is definitely an area where more attention and energy has
    to be invested in the future.
        The best way to deal with the future consequences of today's
    economic difficulties is to invest in education. This is particularly
    the case for the Roma and Sinti, who suffer the most from a lack of
    education and skills. The key here is both to work with parents,
    particularly the mothers, of Roma and Sinti children to raise their
    level of commitment and determination to push their children through
    education.
        I would recommend investing more in Roma and Sinti youth. The
    number of Roma and Sinti students at universities is rising. They need
    to be embraced and supported, as they can be the agents of change in
    Roma communities.
        There is a need to empower Roma and Sinti organizations, which will
    increasingly face challenges in attracting funding right now. Such
    grass-root organizations will be needed to win over the local
    authorities that are key for Roma and Sinti inclusion. Municipal
    associations, mayoral offices and local agencies are of central
    importance.
        Examples of good practices are tested by civil society,
    demonstrating which projects need to be scaled-up, adopted by the
    government, and introduced in a systemic way. I would stress, however,
    that the most important actors are ultimately Roma and Sinti families
    and individuals; they should play a key role in successfully overcoming
    disadvantages and become self-reliant and successful in their lives.
        The EU and national governments have to adopt a long-term approach.
    Some of the problems are deeply entrenched, and there are no quick
    fixes to attain goals like raising the level of education among Roma to
    a level comparable to national averages, or reducing levels of Roma
    unemployment or effectively countering discrimination faced by Roma in
    all areas of life.
        The implementation of various policies and measures has to be
    assessed and monitored. This work will be increasingly important for
    governments and the EU and other international stakeholders--there is a
    need for evidence-based policy design and accurate evaluation of
    outcomes.
        Co-operation and co-ordination is required not only to limit
    duplication, secure better outcomes, and ensure greater impact, but
    also to ensure more effective use of available funding. Future EU Roma
    policy should endeavour to maintain a balance between the
    responsibilities of EU institutions and their instruments and policies,
    and those of Member States. Such a policy shall not be an alibi on the
    part of the states for inaction, neglect or the view that Brussels is
    responsible. Stronger involvement on the part of the EU and the
    financial resources it has to offer can provide a push in the right
    direction.
        ODIHR continues to foster its co-operation with the European
    Commission. This year ODIHR has been one of the key partners for the
    EC's Directorate General for Enlargement, which held a series of high-
    level roundtables on Roma in the context of the EU accession process in
    Serbia, Montenegro, Bosnia and Herzegovina, the former Yugoslav
    Republic of Macedonia, and Albania. ODIHR has been awarded an EC grant
    of over three million Euros for a regional project on ``Best Practices
    for Roma Integration'' in the Western Balkans. The implementation of
    the project started in January, and the project will be carried out
    over 23 months in close co-operation with OSCE field operations.
        This project demonstrates that the EU and the OSCE are increasingly
    co-coordinating and co-operating on issues of concern with regard to
    human rights and democratization.
        I take the opportunity here to thank United States for its
    substantial financial support for the project, and Germany, which has
    also provided support.
        Let me end by thanking Ms. Erika Schlager, a professional staff
    member at the Helsinki Commission. I admire her, as she is tireless in
    all her efforts to address and promote Roma rights here in Washington
    and in the entire OSCE world. This hearing is thanks also to her
    commitment and efforts.
        Thank you.
                            M A T E R I A L    F O R

                              T H E    R E C O R D

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