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    Europes Roma: Fenced Out from the Inside by Cheryl L. Daytec-Yagot

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    EUROPES ROMA: FENCED OUT FROM THE INSIDE

    By CHERYL L. DAYTEC-YAGOTLegal Studies DepartmentCentral European University

    Budapest, HungaryJune 2010

    (O)ppressive treatment of a population over an extended period of time will

    create discriminatory attitudes, the effects of which will continue to assert

    themselves in the actual population long after laws have been changed.1

    Summary

    While acknowledging that the Roma inclusion agenda has had gains, this

    paper declares that such are in large part limited to legislation and policy-

    adoption and expected benefits have not trickled down to the greater number of

    Roma. On the whole, considering the hopes raised by the declaration of 2005-

    2015 as the Decade of Roma Inclusion and the holding of a summit on Roma

    issues, the agenda is, so far, a letdown. Drawing from the works of various

    scholars and authorities on the Roma question, this paper identifies the obstacles

    to the full realization of its promises: the absence of monitoring mechanisms, the

    inherent limitations of minority right regimes and the lack of effective Roma

    political participation. It also delves into factors that perpetuate Roma exclusion:

    racism and xenophobia, capitalism, illiteracy and internalized oppression.

    Introduction

    1

    Ian Hancock, The Consequences of Anti-Gypsism in Europe, in Other Voices, v. 2., n. 1 (February 2000),p. 4

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    It would be a travesty to say that the Roma inclusion agenda, which

    witnessed its moment in 2005 with the declaration of the Decade of Roma

    Inclusion, has not reaped fruits.

    A decade ago, the EU adopted the race directive mandating member

    states and candidate states to nullify legislations and policies militating against

    the principle of equal treatment2

    on education, social protection including

    social security and healthcare, social advantages and access to and supply of

    goods and services, including housing.3

    In its 2005 Annual Report, the EU claimed that the race directive acted as

    a powerful incentive for new member states to undertake political and economic

    reforms.4

    Hungary, Macedonia and Romania vested legal recognition of Roma as a

    national or ethnic minority5

    and Russia, although not a member of EU considers

    them as a culturally autonomous nation.6As the EU directed, member and

    candidate states adopted reforms. However, these are sporadic measures based

    on pilot projects rather than integrated policies and programs.7

    But the raft of legislations and policies that the European Union (EU) and

    its member states adopted, does not by itsef reverse the wheel of Roma

    2

    European Union, Council Directive 2000/43/EC: Implementing the principle of equal treatment between persons

    irrespective of racial or ethnic origin, 29 June 2000.3Ibid.

    4Council of the EU, EU Annual Report,, p. 95.

    5Dimitrina Petrova, The Roma: Between a Myth and the Future. Social Research, Vol. 70, No. 1 (Spring 2003), p.

    1436Ibid.

    7Mona Nicoara (ed), Roma Activists Assess the Progress of the Decade of Roma Inclusion (2005-2006), Decade

    Watch (2007), accessed fromhttp://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdf

    http://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdfhttp://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdfhttp://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdfhttp://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdf
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    (mis)fortune. In the words of Hancock, (a)ny population that has been devalued

    to the point of losing its identity as human beingsover a period ofcenturies will

    not automatically be seen as equals simply by passing a law.

    8

    Thus, observing asteep rise in popular prejudice, violence and intimidation against Roma,

    9Prof.

    Bernard Rorke and Valeriu Nicolae declared that the corpus of the Roma inclusion

    agendas success is the improved rhetoric which they also cited as a

    demonstration of the EU Commissions shift from passive somnolence to active

    engagement.10

    Sadly, all the gains in the legal and rhetorical front have not transformed

    the Roma status: they remain a pariah minority almost everywhere.11

    Exclusion

    is the norm of the day for Europes approximately 10 million Roma.12

    The EU admitted thatnumerous assessments of the situation of Roma

    clearly illustrate that members of this community continue to suffer marked

    discrimination and social exclusion, and encounter difficulties in gaining

    unhindered and equal access to employment, education, social security,

    healthcare, housing, public services, and justice.13

    Seventy-five percent of Roma

    wallow in poverty.14

    In Bulgaria, the Czech Republic, Hungary, Romania, and

    Slovakia, around 40% of Romani people are unemployed15

    while the figure is as

    8

    Hancock, ibid.9

    Decade of Roma Inclusion. One Year On, What Has Changed? 2 Sept. 2009, accessed fromhttp://www.romadecade.org/665010

    Ibid.11

    Petrova, supra.12

    Petrova, supra.13

    Council of the European Union General Secretariat, EU Annual Report on Human Rights, (2005).14

    Karen Plafker, The Social Roots of Roma Health Conditions, eumap.org: Monitoring human rights and the rule

    of law in Europe. Accessed online athttp://www.eumap.org/journal/features/2002/sep02/romhealth. 15

    Petrova, supra.

    http://www.eumap.org/journal/features/2002/sep02/romhealthhttp://www.eumap.org/journal/features/2002/sep02/romhealthhttp://www.eumap.org/journal/features/2002/sep02/romhealthhttp://www.eumap.org/journal/features/2002/sep02/romhealth
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    high as 90% in some former Soviet countries.16

    They suffer the worst health

    conditions of the industrialized world together with some of the worst health

    problems associated with the third world.

    17

    To top it all, anti-Roma violence,sometimes manifest in murder,

    18continue unabated.

    Why is the inclusion agenda sailing through rough waters? Why do the

    Roma, after seven or eight hundred years19

    since their diaspora to Europe

    remain outsiders where their feet are now firmly planted?

    Obstacles to Roma Inclusion

    The weakness inherent in the inclusion agenda and the minority rights

    regimes contribute to hampering Roma integration into the European

    mainstream. Moreover, the strength of the rhetoric of the EU Roma Platform is

    matched only by a lackadaisical attitude to implement it.

    Absence of Monitoring Mechanism

    The Decade, despite its powerful rhetoric, suffers from the absence of an

    effective outcome monitoring mechanism which would measure the results of

    government programs and help assess progress towards meeting the goals set at

    16

    Ian Hancock, The Consequences of Anti-Gypsy Racism in Europe, presented to The Council of Europe,

    Commission for Security and Cooperation in Europe, Joint Seminar on Romanies (Gypsies) in Europe, Warsaw, 20-

    23 September 1994.17

    Plafker, supra.18

    Paul Legendre, Hard Times and Hardening Attitudes: The Economic Downturn and the Rise of Violence Against

    Roma; written submission to the United States Commission on Security and Cooperation in Europe, 2009; accessed

    fromhttp://www.errc.org/cms/upload/media/03/EF/m000003EF.pdf19

    Hancock, On the Origin and Current Situation of the Romani Populations.

    http://www.errc.org/cms/upload/media/03/EF/m000003EF.pdfhttp://www.errc.org/cms/upload/media/03/EF/m000003EF.pdfhttp://www.errc.org/cms/upload/media/03/EF/m000003EF.pdfhttp://www.errc.org/cms/upload/media/03/EF/m000003EF.pdf
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    the inception of the Decade in 2005.20

    Moreover, statistical difficulties posed by

    the lack of nationally representative disaggregated data on the situation of the

    Roma on the four priority areas of housing, education, employment and health,render it an impossibility to measure the effectiveness of Roma inclusion

    policies.21

    At the moment, what may be measured are inputs of States but not

    their outcomes.22

    Sans a mechanism for its enforcement, the Roma inclusion

    agenda is toothless, something that may not cow EU member states into

    compliance, and is not guaranteed to pull out the Roma from the periphery of

    society to the mainstream.

    Inadequate Judicial Enforcement Mechanisms of Minority Rights Regimes

    Additionally, minority rights regimes rely on monitoring mechanisms to

    promote compliance by participating states, rather than on the judicial

    enforcement of rights.23

    Two of the most powerful legal instruments supporting

    Roma rights, the Framework Convention for the Protection of National Minorities

    and the European Charter for Regional or Minority Languages, are not subject to

    the jurisdiction of a judicial body.24

    20

    Mar tin Kahanec, The Decade of Roma Inclusion: A Unifying Framework of Progress Measurement and Optionsfor Data Collection, IZA Research Report No. 2, April 2009, accessed from

    http://www.iza.org/en/webcontent/publications/reports/report_pdfs/iza_report_21.pdf21

    Mona Nicoara (ed), Roma Activists Assess the Progress of the Decade of Roma Inclusion (2005-2006), Decade

    Watch (2007), accessed fromhttp://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdf22

    Ibid. 23

    Istvan Pogany, Minority Rights and the Roma of Central and Eastern Europe, Human Rights Law Review 2006

    6(1), pp. 1-25, at p. 4.24

    Ibid.

    http://www.iza.org/en/webcontent/publications/reports/report_pdfs/iza_report_21.pdfhttp://www.iza.org/en/webcontent/publications/reports/report_pdfs/iza_report_21.pdfhttp://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdfhttp://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdfhttp://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdfhttp://www.romaweb.hu/doc/evtizedprogram/2007/decadewatch_angol.pdfhttp://www.iza.org/en/webcontent/publications/reports/report_pdfs/iza_report_21.pdf
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    The problem with monitoring mechanisms is that their effectiveness is

    anchored on the cooperation of governments. For instance, the success of

    initiatives of the Office of the High Commissioner for National Minorities (HCNM)and the OSCE is unavoidably dependent upon the willingness of the parties

    involved to cooperate as recommendations of these office are devoid of

    binding force and premised upon the sovereign states voluntary

    participation.25

    Unlike judicial enforcement mechanisms, monitoring

    mechanisms restrict supranational action to enforce minority rights.

    Cultural Identity-Focused Regimes

    One reason for the minority rights regimes failure to ameliorate Romas

    plight is their emphasis on Roma cultural and linguistic identity, falling short in

    addressing socio-economic issues.26

    Even with the presence of a strong legal

    paradigm on protection of cultural and linguistic identity, the Romas diversity

    could operate against them. They do not possess a clear or coherent sense of

    identity that is readily distinguishable from that of the rest in society.27

    Further,

    eroding the chips of social exclusion will not necessarily erect the edifice for

    economic inclusion. But the reverse is true. As the Committee on the Elimination

    of Racial Discrimination pronounced, (f)inancial means are often needed to

    facilitate integration in society.28

    25

    Jennifer Jackson Preece, National Minority Rights Enforcement in Europe: A Difficult Balancing Act. The Journal

    of International Peace Studies.26

    Pogany, supra., p. 1127

    Ibid., at p. 528

    Habassi v. Denmark (Communication No. 10/1997-CERD/C/54/D/1997, 06.04.1999)

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    Since economic power fabricates political muscle, an employed Roma

    population can hoist a bargaining power against the societal forces that continue

    to undermine efforts for their integration. The Roma inclusion agenda can leap bymetes and bounds if minority rights regimes confront this class socio-economic

    concerns. To succeed, European inclusion initiatives need to address the most

    fundamental and acuteRoma poverty.29

    Sluggishness in Implementation of Roma Inclusion Policies

    The transformation into flesh of EUs Roma rhetoric is moving at seemingly

    snail-pace. For instance, the EU waited for three years,30

    a long stretch of time

    by any standard, after the declaration of the Decade of Roma Inclusion, to

    convene a summit to adopt an EU Roma Platform. To skeptics, this demonstrates

    the measure of urgency the EU attaches to Roma issues. Compounding this, the

    creation in the wake of the summit ofa unit focused on Roma inclusion and a

    task force on anti-Gypsism31

    within the EU Commission remains a vision.

    Additionally, the Commission is in limbo as to how to operationalize the

    platform.32

    It is alleged that its agenda lacks specificity.33

    This could be

    occasioned by the lack of Roma participation in crafting the agenda itself.

    29Martin Kovats, The Emergence of European Roma Policy, p. 110

    30The first European Roma Summit was held in Sept. 2008.

    31Decade of Roma Inclusion. One Year On, What Has Changed? 2Sept. 2009, accessed from

    http://www.romadecade.org/665032

    Ibid.33

    Ibid.

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    Political Marginalization

    Beyond cavil, Roma representation within the policy process allows them toidentify their problems and propose viable solutions

    34toward their inclusion.

    Unfortunately, political participation and representation of Roma are

    pronouncedly wanting,35

    the most critical of democratic deficits within and

    beyond the European Union,36

    notwithstanding that the legal frameworks of

    many EU countries guarantee it37

    and that the Decade aims at giving Roma a

    voice in the process of inclusion.

    38

    Although a few Roma have made inroads intomainstream politics,

    39their political force does not constitute what it takes to

    revolutionize the Roma condition. Policies affecting them are still crafted in ivory

    towers by outsiders whose acquaintance with Roma realities is vicarious if not

    sketchy.

    Reinforcing Romas political alienation is their cohesion or lack of it. In the

    words of Prof. Rorke, (b) eyond the rhetoric of Romani nation, the very notion of

    nationhood remains as problematic as it is elusive.40

    Roma are a non-territorial,

    non-national, non-economic population, and because no territory is jeopardized

    34

    Martin Kovats, The Emergence of European Roma Policy, in Will Guy (ed) Between Past and Future: The Roma

    of Central and Eastern Europe,University of Hertfordshire Press, pp. 102-10335

    Stephan Muller and Zeljko Jovanovic, Pathways to Progress? The European Union and Roma Inclusion in theWestern Balkans, Budapest: OSI Roma Initiatives, p. 13036

    Bernard Rorke, No Longer and Not Yet: Between Exclusion and Emancipation. In Valeriu Nicolae, et al. (ed)s,

    Roma Diplomacy. New York: Idebate Press, 2007.37

    Ibid.38

    Mona Nicoara (ed),, ibid.39

    For example, Livia Jaroki, a Romani woman was elected to the EU parliament in 2004.40

    Bernard Rorke, No Longer and Not Yet: Between Exclusion and Emancipation. In Valeriu Nicolae, et al. (ed)s,

    Roma Diplomacy. New York: Idebate Press, 2007.

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    by their persecution, and because no government exists to speak in their defense

    or complain about their abuse,41

    their struggle for inclusion traverses thorny

    paths. There is no inclusive Roma identity around which they can congregate as apeople to configure a cohesive political force. Their cultures are diverse and

    distinct from one another and they are frequently suspicious of oneanother,42

    apparently a byproduct of divide-and-conquer tactics of hostile governments. This

    baldly negates Romani ethnic identity (as) the basis of present day emancipator

    mobilization.43

    Laying no claim to a widely Roma-supported emancipation struggle and

    territory, States perceive them as incapable ofraising irredentist or secessionist

    security issues so that their concerns, especially during the initial flurry of

    efforts to formulate and enforce minority rights regimes, are largely ignored.44

    This contrasts sharply to how States panic at perceived security issues raised by

    ethnic minorities that are territorial and with a strong political base raising self-

    determination claims.

    Many Roma are stateless45

    impacting on their political participation as they

    are denied suffrage, a most basic political right the exercise of which allows the

    individual to influence public policy affecting him/her. Citizenship, dubbed the

    41

    Hancock, On the Origin and Current Situation of the Romani Populations, supra.42 Pogany, supra. P. 943

    Petrova, supra., p. 11344

    Wil Kymlicka, Multicultural Odysseys, Oxford: Oxford University Press, 2007, at p. 21945

    Hancock, On the Origin and Current Situation of the Romani Populations, supra. When Czechoslovakia split into

    two states, Roma became stateless. The Czech Republic came out with a new citizenship law declaring Roma

    within it as Slovaks. This constrained the Roma to apply for naturalization to become Czechs. The criteria were such

    that the applicants were ineligible, rendering them stateless. Approximately 100,000 Roma were affected and

    rendered stateless by this citizenship law.

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    defining quality of an individual in the 21st

    century46

    is a warm blanket: it

    endows the citizen State protection and other legal entitlements. It is therefore

    problematic for stateless Roma that EU citizenship is based on ones citizenshipwithin a member country.

    47While they are stateless, they remain vulnerable to

    exploitation and abuse.

    Causes of Roma Exclusion

    Exacerbating the stumbling blocks to Roma inclusion are factors that foster

    exclusion. These forces operating in the socio-cultural and political milieu in the

    domestic fronts are racism, capitalism, illiteracy and internalized oppression. On

    closer scrutiny, some of the causes are manifestations of other causes,

    demonstrating that Roma problems are viciously cyclic. But it is still important to

    regard these effects as causes since they generate further problems and treating

    them has the potential of alleviating the Roma issues.

    Racism and Xenophobia

    Roma continue to be victims of discrimination not so much because of

    discrimination in the law, but because of difficulties resulting from social

    attitudes that have become ingrained into the society.48

    The media, which are

    powerful purveyors of consciousness, perpetuate anti-Roma prejudice49

    and

    46

    Angus Bancroft, Roma and Gypsy-Travellers in Europe.Burlington; Ashgate Publishing Company, 2005, p.

    141.47

    Bancroft, ibid., p.157.48

    Ian Hancock, The Consequences of Anti-Gypsism in Europe, Other Voices, v. 2., n. 1 (February 2000),p. 449

    Ibid.

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    stereotypes attributing to them incivility, inferiority and a state of anomie.50

    For

    instance, offenses allegedly committed by Roma are sensationalized as Roma

    crimes

    51

    which is tantamount to attributing ethnicity to crimes. They areportrayed as the spring from which debauchery flows. But the blights of poverty,

    unemployment, child mortality, and illiteracy afflicting them do not receive the

    same exposure.52

    The natural culmination of discriminatory media projection of Roma is

    reinforcement of public disdain53

    and their treatment as a social residuum. To

    quote Ralf Dahrendorf, "They are, if the cruelty of the statement is pardonable,

    not needed. The rest of us could and would quite like to live without them."54

    This

    summarizes best what the public feels about Roma, also an underclass, as a result

    of pejorative media projections.

    Even public officials and authorities are complicit in the pervasive bigotry

    against the Roma55

    and this has adverse consequences on the implementation of

    legislations promoting Roma interest. Thus, Michael Kocb, Czech Human Rights

    Minister remarked, The Government passes good legislation but it is not

    implemented.56

    It is claimed that those public officials who are in touch daily and

    50 Gyorgi Csepeli and David Simon, Construction of Roma Identity in Eastern and Central Europe: Perception and

    Self-Identification. Journal of Ethnic and Migration Studies; Vol. 30, No. 1 (January 2004), pp. 129-150 at p. 133;

    available online athttp://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdf51

    Petrova, ibid. 52Ibid. 53

    Gyorgi Csepeli and David Simon, ibid.54

    (1985, p.20). Surveys conducted in55

    Paul Legendre, Hard Times and Hardening Attitudes: The Economic Downturn and the Rise of Violence Against

    Roma; written submission to the United States Commission on Security and Cooperation in Europe, 2009; accessed

    fromhttp://www.errc.org/cms/upload/media/03/EF/m000003EF.pdf56The Times. Roma families experience the dark side of the Velvet Revolution. 21 Nov 2009http://www.timesonline.co.uk/tol/news/world/europe/article6926192.ece

    http://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdfhttp://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdfhttp://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdfhttp://www.errc.org/cms/upload/media/03/EF/m000003EF.pdfhttp://www.errc.org/cms/upload/media/03/EF/m000003EF.pdfhttp://www.errc.org/cms/upload/media/03/EF/m000003EF.pdfhttp://www.timesonline.co.uk/tol/news/world/europe/article6926192.ecehttp://www.timesonline.co.uk/tol/news/world/europe/article6926192.ecehttp://www.timesonline.co.uk/tol/news/world/europe/article6926192.ecehttp://www.errc.org/cms/upload/media/03/EF/m000003EF.pdfhttp://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdf
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    up-close-and-personal with Roma- the police,57

    mayors, and civil servants- ignore

    equality legislations due to sheer prejudice and this is more pronounced in the

    former Communist countries.

    58

    The discrimination is pervasive even among the general public59

    and there

    appears to be a culture of impunity protecting the anti-Roma violent activities of

    neo-Nazi groups that one remarked that the Neo-Nazis seem able to do what the

    national government (is) constrained from doing.60

    Unchecked racism

    emasculates the Romas employment prospects and hampers their full and equal

    access to public services.61

    Racism is reflected in every facet of Roma existence. Thus, they are subject

    to violence, segregation, unemployment, and poor, if not nescient access to

    public services. Even the high incidence of unemployment among the Roma is

    partly due to racism as being Roma is in itself a disqualification.

    Capitalism

    The capitalist order is a culprit in the Romas exclusion.62

    Roma experience

    proves Hummes assertion that social exclusion is closely tied to the new

    economic world order, globalized, with free and open markets, which isn't

    57Delia Grigore, The Romanian right and the 'strange' Roma (27 July 2003); accessed fromhttp://www.opendemocracy.net/people-migrationeurope/article_1387.jsp58

    Bancroft, 32.59

    Unknown reporter, The Times, 28 August 1992 as quoted in Bancroft, 101.60

    Bancroft, supra. 101.61

    Pogany, supra. at p. 662

    Will Guy, Romani identity and post-Communist policy, in Will Guy (ed.), Between past and future: The Roma of

    Central and Eastern Europe, University of Hertofrdshire Press, pp. 5-13.

    http://www.opendemocracy.net/author/delia-grigorehttp://www.opendemocracy.net/people-migrationeurope/article_1387.jsphttp://www.opendemocracy.net/people-migrationeurope/article_1387.jsphttp://www.opendemocracy.net/people-migrationeurope/article_1387.jsphttp://www.opendemocracy.net/author/delia-grigore
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    bringing prosperity or social justice to all.63

    As Petrova put it, Roma continue to

    be seen, even after the Nazi genocide, as parasitic elements, alien to the principle

    of productivity and its underlying values.

    64

    The shift in the economic order afterthe fall of communism has pushed them to subterranean crevasses of

    marginalization.

    Roma are said to have suffered under Stalinist rule but they were not as

    wretched as in the present day.65

    It integrated them into the production process

    albeit they were placed in low-paying and unskilled jobs

    66

    in agrarian cooperativesand industrial enterprises

    67which nonetheless elevated their standard of living.

    68

    Unfortunately, these were the very same jobs doomed todisappear during the

    shift to capitalism69

    as the profit-maximizing mechanized labor rendered unskilled

    labor redundant. Capitalism winged its way to directions requiring skills that

    Roma were unable to acquire70

    as Stalinism isolated them in the lowest strata of

    the proletariat. Expelled from the capitalist workforce,71

    they were pushed back

    to the fringes of society where they remain to date.

    63

    Accessed fromhttp://www.brainyquote.com/quotes/keywords/globalized.html64

    Petrova, supra.65

    Guy, ibid.66

    Bancroft, supra., p.11.

    67League for the Fifth International. The Roma, Europes forgotten nationality (31 December 2002), accessed from

    http://www.fifthinternational.org/content/roma-europes-forgotten-nationality

    68Guy, ibid.

    69Pogany, supra. at p. 6

    70Hancock, The Consequences of Anti-Gypsy Racism in Europe.

    71Bancroft, supra. 151.

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    Thus under capitalism Roma tend to be fired first and hired last on account

    of their inadequate skills72

    and themassive prejudice against them73

    which the

    capitalist order makes no attempt to curb. These put to serious peril Romas labormarket reentry and reduce them into public welfare scroungers, or into

    dependency on temporary jobs in the informal sector or overseas.74

    To capitalism,

    Roma, with insufficient or no income, are flawed consumers75

    whose hands

    cannot reach its wares and are therefore inconsequential if not invisible.

    Some Marxists, fastened to the belief that racism is indissolubly entangled

    with capitalism, propound that this profit-motivated economic system need(s)

    the pariah status of the Roma since they are a silent minority upon whom the

    social contradictions can be offloaded; they are the first to be sacked and the first

    to have their social benefits cut.76

    Furthermore, the bourgeois society fostered

    by capitalism needs a scapegoat on which to focus the hatred of the backward

    layers of society in order to divide the working class and forestall its unity in

    struggle against exploitation and oppression.77

    Whether these claims possess

    merit or not, what remains unchallenged is that Romas marginalization was

    dramatically aggravated when capitalism was catapulted into the economic

    throne in Eastern and Central Europe.

    72

    Ian Hancock, The Consequences of Anti-Gypsy Racism in Europe,73

    Hancock.74

    Dena Ringold, et al., Roma in an Expanding Europe: Breaking the Poverty Cycle. Washington; The World Bank

    (2005), p. 975

    Niclas Mansson, Bauman on Strangers- Unwanted Peculiarities in Michael Hviid Jacobsen, et al. (eds),The

    Sociology of Zygmunt Bauman : Challenges and Critiques. Burlington: Ashgate Publishing Company (2008), p. 16376

    League for the Fifth International, supra.77Ibid.

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    Lack of Education

    Roma suffer from high illiteracy rate78

    which in turn excludes them from

    economic access as they lack the educational qualifications for the available jobs

    in the aftermath of Stalinisms fall. This is fomented by racism and learned

    helplessness. Illiterate parents duplicate their misfortune in their children whom

    they do not send to school due to grinding poverty and ignorance. Under

    Stalinism, Roma, as a matter of policy, were shoved inside classrooms79

    improving

    their literacy level and engendering the rise of an educated Roma class.80

    Thus,

    Roma were regarded as the teachers pets of the Communists, pampered and

    privileged.81

    Unfortunately, due to racism which went unchecked in the post-

    Cold War period, they were excluded from the classrooms or put in schools for

    the mentally handicapped simply on account of their being Roma!82

    Some of them

    do not go to school at all. In this 21st

    century, it is shocking to note that some

    300,000 young Roma are illiterate!83

    If education is the key to transforming the prospects of the Roma,84

    their

    educational persecution logically hampers their integration and estranges them

    from opportunities for a quality of life bearing little if no semblance to their

    present desperate state. Since most Roma children are pushed by segregation

    78

    Edwin Rekosh, et al. (eds.), Separate And Unequal: Combating Discrimination Against Roma in Education.

    Budapest: Public Interest Law Initiative, 200479 Zoltan D. Barany, Orphans of Transition: Gypsies in Eastern Europe. Journal of Democracy - Volume 9,

    Number 3, July 1998, pp. 142-15680

    Guy, supra.81

    Bancroft, supra., p. 125.82

    Rekosh, supra.83

    Stephan Muller and Zeljko Jovanovic, Pathways to Progress? The European Union and Roma Inclusion in the

    Western Balkans, Budapest: OSI Roma Initiatives, p. 13084

    Pogany, supra., at p. 11

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    policies to schools for the mentally handicapped, it is unlikely that they will climb

    up the zenith of the educational ladder. This puts a shroud of uncertainty on their

    future economic prospects.

    Internalized Oppression

    Internalized oppression is also a cause of the Romas exclusion. Describing

    this phenomenon, Paulo Freire in his famous work, Pedagogy of the Oppressed

    said:

    Self-depreciation is another characteristic of theoppressed, which derives from their internalization of the

    opinion the oppressors hold of them. So often do they

    hear that they are good for nothing, know nothing and

    are incapable of learning anything that they are sick,

    lazy, and unproductive that in the end they become

    convinced of their own unfitness.

    This is exactly the situation of the Roma: a large number of them view

    their condition with the eyes of their oppressor. The danger is that where

    marginalization becomes part of the order of things, it deprives one even of the

    consciousness of exclusion"85

    and the oppressed unwittingly co-authors his/her

    oppression. It must be stressed for it bears stressing that Freire labeled

    internalized oppression as a manifestation of abuse although it contributes to it.

    Cespeli and Simon attribute to (h)ostility, rejection, negative stereotypes,

    prejudice, overt and covert forms of discrimination the proclivity of Roma to

    85

    Loic Wacquant, 'Inside the Zone: The Social Art of the Hustler',Theory, Culture and Society 15(2), 1998 at p.13

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    internalize the negative image perpetuated by outsiders.86

    Helpless in defeating

    the outsiders hostility, Roma disown their identity87

    instead of struggling to

    reverse their image

    88

    worsening the legal and policy problems related to Romastatistics.

    89Others end up embracing an identity constructed by hostile if not

    oppressive outsiders90

    contributing to the lethargy of efforts to dismantle barriers

    to their long walk to the gates of the mainstream.

    Roma self-depreciation is not lost to the European Union, thus it has a

    project to elevate understanding and respect for the Roma among mainstream

    society (and) improved self-esteem among the Roma community.91 How

    effective the project will be is for history to judge. Meantime, Roma continue to

    suffer from learned helplessness which derails the struggle for their integration

    into the mainstream.

    Parting Words

    It is wishful thinking to say that the motley legislations and policies that

    form part of the Roma rights regimes will alter the Roma situation within the

    Decade of Roma Inclusion. The structures upon which is anchored pervasive anti-

    Roma prejudice have remained formidable for centuries and these cannot be

    dismantled overnight. The Stalinist regime, even with its herculean strength in

    86

    Gyorgi Csepeli and David Simon, Construction of Roma Identity in Eastern and Central Europe: Perception andSelf-Identification. Journal of Ethnic and Migration Studies; Vol. 30, No. 1 (January 2004), pp. 129-150 at p. 135;

    available online athttp://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdf87

    Will Guy, Romani Identity and Post-Communist Policy, in Will Guy (ed) Between Past and Future: The Roma of

    Central and Eastern Europe, University of Hertfordshire Press, p. 11; Petrova, p. 114;88

    Csepeli, ibid. 89

    Petrova, supra., p. 11590

    Csepeli, ibid.91

    Council of the EU, EU Annual Report, 79.

    http://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdfhttp://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdfhttp://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdfhttp://www.csepeli.hu/elearning/cikkek/csepeli_simon.pdf
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    prohibiting racial bigotry92

    succeeded only in momentarily suppressing anti-

    Gypsyism, which swiftly resurrected as soon as the Berlin wall collapsed. It will

    take decades if not centuries before the lingering remnants of anti-Romasentiments will vanish into thin air. After all, the colored peoples of America

    continue to suffer from discrimination long after desegregation was struck down.

    Roma themselves should form a cohesive force to tear down structures

    against them. The European Union should adopt judicially enforceable

    supranational legislations to complement existing minority rights regimes to

    liberate the Roma from the abyss of discrimination they were hurled into. States

    should translate their political commitments into integrated policies that will

    guarantee holistic development for their Roma constituencies.

    Nothing less than these can meaningfully contribute to a comprehensive

    theory of justice in Europe.

    92

    Hancock, The Consequences of Anti-Gypsy Racism in Europe, supra.