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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 

Printed for the use of the 

Commission on Security and Cooperation in Europe 

[CSCE 112–2–4] 

( 

Available via http://www.csce.gov 
COMMISSION ON SECURITY AND COOPERATION IN EUROPE 

LEGISLATIVE BRANCH COMMISSIONERS 

HOUSE SENATE 

CHRISTOPHER H. SMITH, New Jersey, 

Chairman 

JOSEPH R. PITTS, Pennsylvania 

ROBERT B. ADERHOLT, Alabama 

PHIL GINGREY, Georgia 

MICHAEL C. BURGESS, Texas 

ALCEE L. HASTINGS, Florida 

LOUISE McINTOSH SLAUGHTER, 

New York 

MIKE McINTYRE, North Carolina 

STEVE COHEN, Tennessee 

BENJAMIN L. CARDIN, Maryland, 

Co-Chairman 

SHELDON WHITEHOUSE, Rhode Island 

TOM UDALL, New Mexico 

JEANNE SHAHEEN, New Hampshire 

RICHARD BLUMENTHAL, Connecticut 

ROGER F. WICKER, Mississippi 

SAXBY CHAMBLISS, Georgia 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

EXECUTIVE BRANCH COMMISSIONERS 

MICHAEL H. POSNER, Department of State 

MICHAEL C. CAMUN ̃ EZ, 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] 

(1) 

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 
2 

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, 
3 

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- 
4 

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 longterm 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 longterm 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 antiRoma 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. 
5 

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 eco-
6 

nomic 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 antiRomani 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 
7 

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 
8 

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 
9 

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, OSCEparticipating 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. 
10 

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-bycountry, 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 
11 

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 
12 

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— 
13 

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 antiRoma 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 
14 

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, 
15 

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? 
16 

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 
17 

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. 
18 

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 dis-
19 

crimination 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 re-
20 

luctant 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 
21 

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 retrafficking. 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 secondclass 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 
22 

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 
23 

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 
24 

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. 
25 

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. 
26 

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. 
27 

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. 

(29) 

A P P E N D I X 
30 

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 antiRoma 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 seg-
31 

regated 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? 
32 

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 antiRomani 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 ostrichlike 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. 
33 

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 longerterm 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 nonRoma, 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, 
34 

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 EUfunded 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 
35 

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 
36 

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. 
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M A T E R I A L F O R 

T H E R E C O R D 

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