Fundación Secretariado Gitano

International Organisations release a joint statement calling to stop Roma and Travellers evictions in Europe [editar]

Traditionally, summer holidays coincide with the eviction of Roma and Travellers throughout Europe, which takes place almost unnoticed. The Office of the United Nations High Commissioner for Human Rights (OHCHR) and the OSCE’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) join the Council of Europe, the European Union Agency for Fundamental Rights (FRA), the European Network of European National Human Rights Institutions (ENNHRI) and the European Network of Equality Bodies (Equinet) in a statement to condemn the recent evictions of Roma and Travellers in Europe.

Evictions have long-term, deeply negative implications on the life situation of those concerned and would violate their human rights if not accompanied by the necessary safeguards recalled in this statement; they may also provoke serious social conflict. A constant threat of eviction can result in physical and psychological health problems, such as emotional trauma, as well as lasting social isolation affecting particularly those with vulnerabilities, such as older people, women or those with disabilities. Families and communities are torn apart by eviction, which may jeopardize the right to family life. Evictions without rehousing opportunities multiply homelessness and they perpetuate illegal settlements and slums. Evictions often stop access to health care and vaccination programmes, increasing the health risks for the entire society.

International legal standards

According to the UN Committee on Economic, Social and Cultural Rights, all evictions must abide by international human rights norms. In particular, forced evictions must meet the conditions set out in General Comment No.7 of the UN Committee of Economic and Social Rights on the right to adequate housing based on the principles of international law.

In the case of Roma and Travellers, evictions must respect the principle of non-discrimination (Art. 1 of Protocol No. 12 to the ECHR, Art. 14 of the ECHR and Art. E of the ESC and Art. 21 of the CFREU). The European Court of Human Rights and other international bodies have noted that the negative consequences of eviction on Roma and Travellers are exacerbated by their long history as targets of persecution and constant uprooting. The procedures for legal eviction, which should be described in detail in national law, must always be implemented in compliance with international human rights standards and principles, including those articulated in General Comment No. 7 on forced evictions of the United Nations Committee on Economic, Social and Cultural Rights, in Recommendation Rec(2005)4 of the Committee of Ministers of the Council of Europe to member states on improving the housing conditions of Roma and Travellers in Europe, in Paragraph 6 of the General Policy Recommendation No. 13 on combating anti-Gypsyism and discrimination of Roma of the European Commission against Racism and Intolerance (ECRI) and in the decisions on merits adopted by the European Committee of Social Rights within the framework of collective complaints procedure.

Signatories urge governments and competent regional and local authorities: 

• To ensure that national legislation recognises and protects the right to adequate housing and, where applicable, the right to live in mobile housing. Such legislation should be rigourously enforced;
• To ensure that evictions are not carried out until adequate alternative sites, accommodation or halting sites have been identified;
• To design and enforce legislative or other measures to prevent and sanction evictions conducted by individual owners or public authorities without the safeguards provided by law;
• To adopt legislation providing the greatest possible security of tenure to occupiers of houses and land, in compliance with the relevant human rights instruments and in accordance with the principle of strict control of the circumstances under which evictions may be carried out;
• To find sustainable solutions to the occupation of Roma and Traveller sites or dwellings built in breach of planning regulations, as guided by ECRI General Policy Recommendation no. 138 ;
• To ensure that comprehensive anti-discrimination legislation is in place and that acts of discrimination against Roma and Travellers in respect of housing and accommodation are effectively sanctioned;
• To work with and consult local communities, involving civil society representatives and other relevant stakeholders, to improve mutual understanding and trust.