Roma MATRIX Country Report: CZECH REPUBLIC Selma Muhič Dizdarevič

July 2014 With financial support from the Fundamental Rights and Citizenship Programme of the European Union

2

Roma Matrix Country Report: CZECH REPUBLIC

3

Roma Matrix Country Report: CZECH REPUBLIC

Selma Muhič Dizdarevič This publication has been produced with the financial support of the Fundamental Rights and Citizenship Programme of the European Union. The contents of this publication are the sole responsibility of the authors and can in no way be taken to reflect the views of the European Commission. © Roma MATRIX 2014

4

Roma Matrix Country Report: CZECH REPUBLIC

CEDAW CVVM ECHR EU LGBT MSMT NGOs

Committee on the Elimination of Discrimination Against Women Centrum pro výzkum veřejného mínění European Court of Human Rights European Union Lesbian, Gay, Bisexual and Transsexual Ministry of Education, Youth and Physical Education Non Governmental Organisations

5

Roma Matrix Country Report: CZECH REPUBLIC

ACKNOWLEDGEMENTS

3

ABBREVIATIONS

4

CONTENTS CHAPTER 1: INTRODUCTION: ROMA IN THE CZECH REPUBLIC CHAPTER 2: THE POLICY LANDSCAPE

CHAPTER 4: PREPARATION FOR ROMA CHILDREN LEAVING CARE 15 CHAPTER 5: EMPLOYMENT

17

CHAPTER 6: CROSS COMMUNITY RELATIONS AND MEDIATION

19

CHAPTER 7: OTHER ISSUES

21

REFERENCES

22

5

6 7

CHAPTER 3: REPORTING AND REDRESS MECHANISMS IN RESPECT OF ANTIGYPSYISM 12

6

Roma Matrix Country Report: CZECH REPUBLIC

Muhič Dizdarevič and Valeš (2010: 8) make the

in a formal way. There have been discussions in the

observation that whilst official estimates of the

Czech Republic as to whether the state should

number of Roma in the Czech Republic range from

collect data based on ethnicity. On the one hand,

between 2.4% and 3.3% of the whole population of

having such data may mean more targeted financial

the country (around 250,000 to 350,000), hard data

allocations being made to areas with great numbers

from the 2001 census states that only 23,211 people

of Roma but, on the other, the possession of such

declared that they spoke Romanes and only half of

data creates the opportunity for the state to work in

1

these declared themselves to be Roma. Rather

a more negative way and to persecute ethnic

worrying, ongoing stigmatisation (discussed in

minorities once they have formally revealed

greater depth later in this report) and historic but

themselves. However, regardless of the availability

real fears from World War Two - when Roma were

of census data, the state and wider society adopt

persecuted and put in concentration camps - mean

the ‘de facto Roma’ approach recognising that

Roma are reluctant to declare their Roma ethnicity

Roma population live in certain regions.

1

A similarly low official figure was reported in the 2011 census also (personal analysis by the author).

7

Roma Matrix Country Report: CZECH REPUBLIC

The major policy document in the field of Roma

(adopted in 2010); and (2) the Strategy of Combat

inclusion and integration is The Conception of Roma

against Social Exclusion for the Period 2011-2015

Integration. Its current version - The Conception of

(adopted in 2011). Whilst both documents focus on

Roma Integration for 2010-2013 - was adopted in

the wider, more general inhabitants of the socially

December 2009 under the aegis of the Minister for

excluded locations, there is an obvious assumption

Human Rights. The Conception was adopted in a

(one that is formally articulated in the first

period which was favourable for human rights issues

document) that these documents have relevance

and was thus included at the highest governmental

for mainly Roma people. These documents and their

level: from January 2007 to March 2009, the

principles drew on various sociological studies and

Minister for Human Rights and National Minorities

were partly a reaction to the comprehensive study of

was a member of the government as Minister

the socially excluded localities (see GAC, 2006).

without Portfolio. The Conception was also a

According to some experts who contributed to the

reaction to increased extremist attitudes in the

Strategy of Combat against Social Exclusion for the

general population as well as stronger political

Period 2011-2015, the process of its preparation

ambitions by some extreme-right political

was negatively influenced by austerity measures

movements. Representatives from various

introduced by the government with many

governmental and local authorities, as well as civil

suggestions ignored for financial reasons and

society, took part in the process of the adoption of

numerous cost cutting measures adopted (Holomek,

the Conception, alongside Roma who also

2011).

2

participated in its creation as members of the Government Council for Roma Minority Affairs.

The implementation of both the Conception and the Strategies however was further negatively

One of the main goals of the Conception was to

influenced by the political changes that happened in

inter-connect and coordinate key actors in the field

the Czech Republic. The changes brought about the

of Roma inclusion at both national and local levels.

abolition of the function of the Minister for Human

The Conception also embraced the principle of

Rights in March 2010. The Minister was demoted to

Roma participation in implementing concrete

the position of the Government Human Rights

relevant measures. Together with the Conception,

Commissioner and finally removed from the position

the government adopted a range of strategic

in September 2010. The post of the Commissioner

documents focused on social exclusion and what

was vacant for several months and the inactivity of

were termed socially excluded localities. The two most important documents are: (1) the Principles of Strategy of Combat against Social Exclusion

2

In the Principles document, it states that more than half of the Roma population in the Czech Republic live in socially excluded locations.

8

Roma Matrix Country Report: CZECH REPUBLIC

the Commission was criticised by civil society

of 9 December 1998. The Council monitors

representatives of Roma and non-Roma origin.

compliance with the Constitution of the Czech

Critical voices included Anna Šabatová,

Republic, the Charter of Fundamental Rights and

Chairperson of the Czech Republic Helsinki

Freedoms and other legislation governing the

Committee, Michaela Marksová-Tominová, the

protection of and respect for human rights and

Shadow Minister for Human Rights (Idnes, 2010), a

fundamental freedoms. The Council further monitors

number of NGOs such as Amnesty International,

the national implementation of international

Romea and Association of Roma in Moravia, as well

commitments of the Czech Republic in this field

as Karel Holomek, a well-known Roma activist (DR,

(Vlada, 2013). Within the Section, the agenda is

2010). The subsequent Commissioner - appointed

specifically the responsibility of the Government

in February 2011 - was perceived as weaker and

Commissioner for Human Rights. However, as

less influential. The changes affected the

discussed above, the Commissioner was removed

implementation of the Conception and the

in October 2013, a move which prompted sharp

Strategies and the civil society members of the

criticism from civil society who feared that this was a

Government Council for Roma Minority Affairs

step towards transferring the human rights and

criticised the government for what they perceived as

Roma inclusion policy to the Ministry of Interior.

a lack of interest. In the second half of 2013, the

Many voices called for re-establishment of the

Council stopped its activities as the majority of the

Ministry for Human Rights and, after the post-

civil society representatives - many of them Roma -

election negotiations, the post was re-established.

cancelled their membership in light of the problems noted.

In addition to the bodies mentioned above, a key role is played by the Government Council for Roma

In 2013 the preparation of the Conception of Roma

Minority Affairs, which was established in 1997.

Integration for the Period 2014-2020 began and the

According to its Status from 2010, the Council is

working group within the Government Council for

chaired by the Prime Minister and consists of

Roma Minority Affairs was established. The working

representatives from Roma communities and

group included representatives from various NGOs

governmental bodies. The Council, which had been

and some Roma communities. The Office of

inactive since the second half of 2013, has recently

Government prepared a draft of the Strategy of

held its first meeting.

4

Roma Integration until 2020 in May 2014. The draft is currently in the process of discussion.

3

The institution responsible for combating social exclusion is the Agency for Social Inclusion

Institutionally speaking, Roma integration is the

previously known as the Agency for Social Inclusion

responsibility of the Office of the Czech Republic

in Roma Localities. Established in 2007, the Agency

Government and its Section for Human Rights. The

was renamed at the request of the government’s

Council of the Government of the Czech Republic

Commissioner for Human Rights who stressed that

for Human Rights is a permanent advisory body to

it was not only Roma who live in socially excluded

the government in the field of the protection of

locations and that the purpose of the Agency was to

human rights and fundamental freedoms. It was

remove social exclusion of everyone regardless of

established under Government Resolution No 809

their ethnicity (Idnes, 2012a). The Agency’s main 4

3

The document can be found here: http://www.vlada.cz/cz/ppov/zalezitosti-romskekomunity/aktuality/strategie-romske-integrace-do-roku-2020118736/ (accessed 9 August 2014).

On 27 May 2014 the first meeting was held. The current agenda and composition of the Council can be found here: http://www.vlada.cz/cz/pracovni-a-poradni-organyvlady/zalezitosti-romske-komunity/uvod-5779/ (accessed 1 August 2014).

9

Roma Matrix Country Report: CZECH REPUBLIC

goal is to support municipalities in the field of social

Community relations (see the discussion below) are

inclusion through the creation of so-called local

perceived as the biggest obstacle to Roma inclusion

partnerships, which are intended to create local

(BIS, 2013). A majority of the general population

strategies and plans for social inclusion with the

harbours negative attitudes toward Roma: according

participation of all the important local players in state

to sociological research and surveys, about 90% of

administration and civil society. Its second goal is to

people state that they would refuse to have Roma

help municipalities secure monies from various

as neighbours (Gabal, 2009: 18). According to the

grant programs focused on inclusion. The activities

Annual Report by the Security and Information

of the Agency drew some criticism since the local

Service for 2012, the long-term failure to solve the

plans drawn up by the Agency are frequently

issue of Roma inclusion is perceived as a serious

unimplemented by local authorities (see

threat to security (BIS, 2013). The report warns of

Demograciké informační centrum, 2012; Romové v

increases in social and inter-ethnic tensions and the

České republice, 2011; and Idnes, 2012). At the

abuse of Roma inclusion policies by political parties,

local level, Roma inclusion is organised by the

especially at the local level. For the first time, the

district authorities. Within each district the position of

report has noted that the absence of an efficient

coordinator for Roma minority affairs is established

implementation of inclusion policy could jeopardise

whose role is to coordinate the activities of the local

the democratic foundation of the Czech Republic

state administration bodies and NGOs dealing with

(ibid.).

Roma inclusion. The government issues its Annual Report on the State of the Roma Minority in the

Housing plays an important role in the Conception of

Czech Republic and this recounts how the

Roma Integration 2010-2013 adopted in 2009. The

implementation of the Conception and the

Housing Strategy for the Czech Republic until 2020

Strategies is progressing.

5

set out the state’s strategic goals in the housing field. These goals include: (1) access to adequate

As already mentioned, the district coordinators for

housing; (2) the creation of stability in the housing

the Roma minority issues - together with the Agency

field (note, stability is not legally defined but it refers

for Social Inclusion - play a key role in Roma

to not having to move too frequently); and (3)

inclusion. They mediate communication and

securing a permanent increase in the quality of

coordinate the activities of the local authorities and

housing (MRD, 2011). The strategy inter alia asked

local NGOs. In addition to that, the Ministry of

the Ministry for Local Development to produce, by

Interior has its Conception of Combat against

30 June 2012, a complex solution to the social

Extremism, which is evaluated annually, and

housing problem using the mechanism of “housing

concerns, among other things, the security of Roma.

emergency” (Ibid.: 102). According to the definition by the Ministry of Labour and Social Affairs, “a

5

Annual Reports on the State of the Roma Minority in the Czech Republic are available at: http://www.vlada.cz/scripts/detail.php?pgid=490; Annual Report (2012) available at: http://www.vlada.cz/cz/ppov/zalezitostiromske-komunity/dokumenty/zprava-o-stavu-romske-mensiny-vceske-republice-za-rok-2012-113913/; Strategy for Combat Against Social Exclusion available at: http://www.socialnizaclenovani.cz/dokumenty/strategie-boje-proti-socialnimuvylouceni; and Conception of Roma Integration (2010-2013) available at: http://www.vlada.cz/assets/ppov/zalezitosti-romskekomunity/roma_czech_republic_strategy_en.pdf. The Implementation Plan is available at: http://www.vlada.cz/assets/ppov/zalezitosti-romskekomunity/roma_cz_strategy_annex_en.pdf.

person is said to be in housing emergency if s/he has no accommodation, has inadequate accommodation or is in danger of losing accommodation. At the same time her/his overall social and property sources prevent her/him from overcoming the negative situation by relying on her/his own activity” (MRD, 2013: 1). Within the Report on Accomplishment of 2012 Assignments set by the Strategy for Housing in the Czech Republic until 2020 - which was submitted by the Ministry of

10

Roma Matrix Country Report: CZECH REPUBLIC

Local Development in March 2013 - no suggestion

Inclusive Education in March 2010 as a strategic

for social housing was submitted and the deadline

document but it has not yet been implemented

was delayed until the end of 2013. Complex

(NAPIV, 2010).

legislation on social housing is not therefore currently in sight, and no law on social housing is in

There are vast discrepancies between official

preparation (MRD, 2012).

numbers and unofficial estimates of Roma employment. Even though the government does not

Data on the healthcare situation among the Roma

collect any data based on race/ethnicity, an

community are not collected by official authorities as

anonymous survey carried out by the Ministry of

race/ethnicity is a sensitive category and therefore it

Labour and Social Affairs among employees of

is strongly protected data. However, an assessment

labour offices showed that a significant majority -

of the Roma healthcare situation can be made from

almost 60% - of the clients of labour offices are of

unofficial sources. Research describes the major

Roma origin (Government of the Czech Republic

health problems present in the Roma community: a

and Government Council on Roma Affairs, 2010:

greater degree of dependency between health

52). There are cases of 100% unemployment rate in

status and age, low levels of awareness regarding

several areas of high social exclusion, with illegal

the healthcare system and health insurance, cultural

employment identified as a major problem in these

barriers, and other problems (Collective, 2009). The

locations (Vláda, 2013: 88). Illegal employment is

average lifespan among socially-excluded Roma is

defined by law as employment without job contract

about 10-15 years shorter than in the general

and without legal protection for the ’employed’

population (UNDP, 2012).

person. At the same time, the employer pays no 6

income tax nor social security for their workers. In the field of social care and social security, there is

There is still significant discrimination against Roma

no special conception or strategy focused on Roma.

in the labour market. One of the reasons why Roma

The subject of social security abuse features widely

face discrimination in accessing employment is the

in public, media and political discourse. Roma are

prejudice of some employers who attach certain

labelled as “inadaptable” which means they are -

characteristics to Roma such as assuming an

wrongly - accused of abusing social benefits (Vláda

unwillingness to work, unreliability and other

2013: 131; see also Marksová-Tominová, 2012; and

negative stereotypes (Vláda, 2013: 89).

Romea 2011). Typically, Roma acquire citizenship by birth. Back in 2007, the European Court of Human Rights

However, the issue has become highly controversial

(ECHR) ruled that there was indirect discrimination

for Roma since the disintegration of Czechoslovakia

operating against Roma children in the Czech

on 1 January 1993. Until recently, the rule was that

educational system (ECHR, 2007). Since then, the

citizens of Czechoslovakia could acquire Czech

state has been criticised for not implementing

citizenship by acclamation - that is, if they had been

sufficient measures to tackle this problem: the latest

resident on its territory before the end of 1992 - with

study performed by the national Office of the

no additional conditions or proof necessary. This

Ombudsman revealed that more than 30% of Roma

was very important, particularly for Roma, as the

children remain excluded from mainstream schools

majority of Roma who live in the Czech Republic

and are taught according to a reduced curriculum

today come originally from regions now in Slovakia

designed for children with minor learning difficulties

(having moved to the Czech half of the

(Kancelář Veřejného Ochránce Práv, 2012). The government adopted a National Action Plan of

6

§ 5 par. e) Act nr. 435/2004 Col., on Employment.

11

Roma Matrix Country Report: CZECH REPUBLIC

Czechoslovakian Federation after World War Two,

We should also mention the position of the LGBT

during which the majority of Roma perished in the

community here within the Roma minority. There are

Roma Holocaust (Lhotka, 2011)). Until the

no relevant data on their number or condition but

disintegration of Czechoslovakia, they were classed

there are some initiatives directed specifically at

as citizens of the Slovak half, and thus automatically

LGBT members of the Roma community (for

acquired Slovak citizenship when the two split into

example, LGBT consulting services such as

independent states. From 1 January 2014, the new

Romalgbt). The LGBT Roma community is said to

Act on Citizenship becomes effective and it allows

be the victim of triple discrimination: as members of

the acquisition by acclamation only until 31

Roma ethnicity, as persons with LGBT identity and

December 2014.

as victims of discrimination by both the Roma

7

community and within the mainstream LGBT There are no strategic political documents, studies

community (Tišer, 2010).

or statistics that expressly concentrate on gender equality. The FRA Report (EUFRA, 2013) shows that the position of Roma men and women is broadly equal though, in some areas, Roma women are seen as more active: according to the FRA survey, in the field of employment, 36% of Roma women are employed as opposed to 33% of men (ibid.: 9). When it comes to salaries, both Roma men and women routinely occupy the same low paid positions. Although both sexes feature less in education than the non-Roma population, the ratio of Roma men and women in education after 16 years of age is equal. In the case of women, illiteracy is somewhat higher (though in general terms, illiteracy is an irrelevant issue in the Czech Republic with only 2% of women and 1% of men (ibid.: 4)). Women have a somewhat higher rights’ awareness compared to men included in the survey.

7

www.romalgbt.info (accessed 5 December 2013).

12

Roma Matrix Country Report: CZECH REPUBLIC

According to the findings of the MIGPOL group, in a

Ombudsman can provide them with a legal analysis

report entitled Developing Anti-Discrimination Law in

and recommend further steps. In the first three

Europe: The 27 EU Member States Compared, the

months, the area of discrimination which the

Czech Republic´s anti-discrimination acts cover

Ombudsman dealt with most frequently was cases

more than the directives, as they cover work and

related to employment issues (Čermák, 2010).

employment relations, access to employment, self-

Other cases concerned equal access to goods and

employment and occupation, health care, education,

services and equal access to education (ibid.).

social security and social protection, and services

Those who complained most frequently quoted sex,

including housing (Muhič Dizdarevič and Valeš,

age and ethnicity as reasons for being discriminated

2010: 34). In June 2009, the Chamber of Deputies

against. According to the relevant Act,

of the Czech Republic adopted the Anti-

Ombudsman has an obligation to publish reports on

Discrimination Act, implementing the Race Equality 8

Directive and Employment Equality Directive,

9

11

the

subjects related to discrimination and to issue recommendations.

outvoting a year-old presidential veto by Vaclav Klaus. The Act

10

took effect on 1 September 2009

Data on discrimination complaints lodged with the

with the exception of a provision regarding the

Office of the Ombudsman are relevant, but are only

Ombudsman that would function as the equality

partially available from 2010 onwards, since his

body. The provisions related to the Ombudsman

office was appointed as an equality body with effect

became effective on 1 December 2009. The Czech

from 1 December 2009. Even in previous years,

Republic was the last EU Member State to adopt the

however, it is possible to identify cases involving

Anti-Discrimination Act. From 1 December 2009, all

Roma. The 2006 Summary Report on the Activities

those who believe that they are victims of

of Ombudsman does not mention discrimination

discrimination can turn to the Ombudsman and ask

against Roma yet in the Report for 2007, the

for administrative help in starting legal proceedings.

Ombudsman gave the following opinion: “In general,

The authority of the Ombudsman was extended

the forced eviction of Roma families out of the city of

thanks to the new law which expanded its remit to

Vsetín is not only most problematic in this affair, but

issues regulating private matters (whereas before it

it can be concluded that during eviction there was

could only help in cases of problems with the state

indeed violation of fundamental human rights and

administration). Its role is now to assess the

freedoms (freedom to move and chose where to

applicants’ claims and, if they are found justified, the

live, right to respect of private and family life)” (KVOP, 2008: 13). The Ombudsman also notes that

8

Council Directive 2000/43/EC. 9 Council Directive 2000/78/EC. 10 Published as No. 198/2009 Coll.

11

No. 349/1999 Coll., on the Public Defender of Rights, § 21b section c.

13

Roma Matrix Country Report: CZECH REPUBLIC

discrimination in employment has various grounds

people do not usually turn to the courts.

with one of them being Roma ethnicity (Ibid.: 78). In

The most frequent reasons are uncertainty

the 2009 Report, the Ombudsman mentioned a

regarding the result of the court

complaint about discrimination in public housing

proceedings, a lack of judicial practice in

allocation from Ms V (KVOP, 2010:19). He found no

matters of discrimination, the financial

discrimination in her particular case, but found

costs of legal proceedings, and difficulties

systematic discrimination in the conditions that

in finding qualified legal help (KVOP, 2013:

municipalities set for the allocation of public

91).

housing. These discriminate against women by excluding persons who received maternal and parental benefits and Roma (due to the provision stating that someone who has not worked prior to receiving such benefits cannot be allocated public housing). Thus, the Ombudsman concluded, there was a case of cumulative discrimination against Roma women. He demanded that the municipality in question remove such provisions.

Roma are very aware of the various dimensions of discrimination they can face in the Czech Republic. A study conducted by the NGO Slovo 21 (2007) interviewed Roma about issues of discrimination and reasons for discrimination, including why they do not report incidents and whether they trust state institutions. 487 Roma were interviewed, of whom only 20% said they never experienced

In the 2012 Report the following recommendation by the Ombudsman is relevant:

discrimination, while 29% of those who did encountered discrimination felt they were constantly discriminated against (ibid: 23). Discrimination, ironically in light of the above-mentioned

Three years after the anti-discrimination

accusations that Roma do not want to work,

law came into force (Act no. 198/2009

happens most often when seeking employment, on

Coll.), the Ombudsman considers it crucial

public transport and while shopping followed by

that the victims of discrimination turn to

incidents in bars, restaurants and discos where they

the courts and enforce their legal claims

are either denied entry or service. 61% of the

(to stop discrimination, to remove

respondents in this survey were victims of verbal

consequences of discriminatory

attacks, although even more alarming is that over

behaviour, to obtain proper remedy or, in

50% of the respondents experienced physical

case of non-material harm, financial

attacks either personally or in their family circle,

compensation). Only in this way is it

committed mostly by those they described as

possible to achieve social and legal

“skinheads” (ibid.: 37). The most frequent answers

conditions in which discriminatory

Roma gave to the question of why they had been

behaviour will be gradually removed.

discriminated against were “because I am Roma”

However, the Ombudsman’s findings as

and “because of the colour of my skin”. 78% of the

an equality body show that, even in those

respondents said they trusted no governmental

cases where he found discrimination,

bodies, whether central, local or the police: the

14

Roma Matrix Country Report: CZECH REPUBLIC

mains reasons were bad personal experience, corrupt civil servants and civil servants who hold prejudicial views towards Roma. Their bad personal experiences stem from almost one third of Roma having turned to governmental institutions or the police for assistance but their case was either shelved or the authorities blankly refused to deal with the matter. 86% of the respondents said that if discrimination happened they would not report it to the authorities because they felt it would not make any difference: if they turned to someone for help, they would turn to their extended families (43%), friends (24%) and NGOs (14%) (Ibid.: 15). The research was conducted in 2007 and Roma were also asked what they expected from the antidiscrimination law: 42% thought it would protect them sufficiently from discrimination and give them better opportunities to protect themselves against it. Others were sceptical, saying that the problem lay within people and no law would be able to change that.

12

12

This material, written by the author of this report, is the abridged version of a section from the forthcoming report for the Fundamental Rights Agency Social Thematic Study: The Situation of Roma in the EU.

15

Roma Matrix Country Report: CZECH REPUBLIC

It is difficult to assess the preparations made for

protection of minors in danger are defined by law in

Roma children leaving care for two main reasons.

such a way as to protect young people according to

Firstly, official population statistics invariably do not

their needs and various risk situations: they can be

include ethnic breakdowns and it is not possible to

preventive provisions, acute interventions,

find data on children in institutional care divided into

temporary actions or long-term provisions (ibid.:

ethnic sub-groups. Even when data on race and

75).

ethnicity are available, from the national Census

13

14

Unfortunately the preferred way to solve the

situation of children at risk is to place minors in

for example, such data is not then correlated to

institutional care rather than making use of

other variables such as children and youth in

preventative provisions, family support and foster

institutional care. Secondly, even where ethnicity is

care (ibid.). In 2001, the Highest Court of the Czech

included in data collection or research, Roma are

Republic explicitly prohibited removing children from

often reluctant to declare their identity, due to fear or

families solely due to poverty (NS, 2011). However,

actual experiences of discrimination and stigma: this

the Czech Republic still remains a country with a

is apparent in the census which consistently

high number of children in institutional care: in its

underreports the number of Roma (see introduction

2003 report on the Czech Republic, the UN

and Muhič Dizdarevič and Valeš, 2010). As such,

Committee on the Rights of the Child found that

any analysis here has to rely on the limited

institutional responses to providing assistance to

information available from NGOs providing services

children in difficulty were predominantly used and a

to young people at risk. However, NGOs do not

disproportionately large number of children are

keep the data ethnically segregated either. As a

placed in a residential institutional care environment

result, the following text applies in part to all ‘at risk’

(CHC, 2003). More recent statistics similarly show

young people and assumes that the Roma within

the overrepresentation of Roma children in

this category fair even worse.

institutional care. An ERRC report (2011) concluded that approximately 30% of all children up to 3 years

NGO experts in the Czech Republic have identified

of age in institutional care in Czech Republic are

four reasons for young people becoming homeless:

Roma, although only 3% of all children of that age in

(1) being taken into institutional care; (2) becoming

the general population are Roma. In the case of

criminalised; (3) a lack of housing and homeless

older children, there are no estimates about their

services for young people; and (4) family breakdown

ethnicity, but since Roma children are difficult to

(Smith, 2011). The instruments for support and

place for adoption, it could be postulated that the percentage is even higher. Official and NGO

13

This issue is discussed in Chapter 1 also, but see: http://www.czso.cz/csu/2014edicniplan.nsf/t/FC001D2AB2/$File/1 70223-14.pdf, accessed 25 July 2014.

estimates suggest that Roma children are 14

Act on Social and Legal Protection of Children nr.359/1999.

16

Roma Matrix Country Report: CZECH REPUBLIC

overrepresented here, making up 30-60% of the

Sometimes such services can be coupled

population of older children in institutional care

with easy-access facilities for children and

(ibid.: 25). Under international pressure and vocal

youth. In such facilities the employees

complaints from NGOs, the Parliament of the Czech

prepare motivation programs for

Republic in 2012 adopted a law that sought to

education, school preparation, homework,

transform the social care system and reduce the

or motivation for acquiring qualifications.

number of children in institutional care by providing

They also prepare leisure time activities

greater help to vulnerable families (Koalice NNO,

such as music, dance, sports,

2013: 55). It is too early to judge if these measures

environmental protection, etc.

are having an impact. In child care institutions there are currently around 20,000 children under the age of 18, and each year more than a thousand have to leave care when they reach 18 (Ministerstvo, 2006: 48). However, there is no follow-on support available for them, despite the

An NGO worker interviewed for a national report on young people and homelessness (Šloufová, 2009: 24) spells out the future for children - including Roma children - who have been in institutional care for a long time:

well publicised risk of social exclusion. Ministerstvo (2006: 48) notes that within the 15-24 age group, Roma are particularly in danger of experiencing social exclusion. Being taken into institutional care may be related to the inability of parents to provide care, or it may relate solely to their poverty. In the case of the latter, the Czech Republic has been criticised by the EU for not applying family support polices and for breaking up unsupported families who experience poverty, a lack of adequate family housing, and a lack of social housing (Smith, 2011: 76).

When we take someone from a very bad family, our success rate is very high. They developed personality structures within the family, it is just necessary to bridge the period so that the kids are safe, finish school, get used to therapy, deal with the issues psychologically and then they live. The success rates are enormous. In cases of the kids from institutions it is not the case. The luckier of them had a bad family, but grew up in a normal environment. The longer they are in the institutions, the

Through social support, state contributions assist children and families to cover life expenses and other basic personal needs. Depending on income, families can receive child benefits, social benefits, and/or housing benefits. As Hradecky (2006: 8-9) has argued:

success rate is lower. For example I don’t remember a Roma baby who grew up in the institution to have ever been integrated (i.e. having secure housing, employment etc)… Some smaller research was carried out about how many adult homeless persons have in their personal histories life outside the family and the

In terms of prevention of social exclusion,

percentage was high. Life in the institution

social activation services for the families

changes personality and to build it again

are important, which consist of field work

is a hard work.

at problematic locations. Very frequent clients of such services are Roma families or those who have rent debts in inadequate housing conditions.

17

Roma Matrix Country Report: CZECH REPUBLIC

39% of working age Roma self-declared as

their most productive age (25-54) are also less

unemployed compared to 6% of the general

economically active, with only 63% of Roma men

population (UNDP/FRA, 2012: 17). A particularly

engaged in the workforce whereas among the

difficult situation exists in the case of young Roma

Czech Republic men this is 95%; 42% of young

(15-24) where 61% of those who could work were

Roma in the age range 15-24 enter the labour

unemployed (compared to a figure of 21% in

market early in comparison with the national

general population) (ibid.). More Roma than non-

average, where 32% of young people are

Roma work in the grey economy - that is, work

economically active; and older Roma in the age

without a contract - with 32% active here (and in the

range 55-64, by contrast, exceed their Czech

case of those aged below 24, 47%) (ibid.). Some

Republic counterparts by 2% in economic activity,

Roma combine illegal employment with social

probably because they do not meet the conditions

benefits in order to reach a sustainable standard of

for old-age pensions (ibid.: 28). Roma

living.

unemployment represents a major economic loss for the state due to missing tax income and higher

We can compare the data provided by the World

expenditure on social benefits. Experts from the

Bank to that of the Office of the Government of the

World Bank and CERGE-E state that the loss of

Czech Republic for 2008. Research from the World

productivity in the Czech Republic in 2008 reached

Bank’s Opportunities to Improve Roma

9.7bn (€365m) because of these factors (ibid.).

Employment, quoted in the Minister for Human Rights (2009) Roma Integration Concept for 2010-

Roma women are often separated from participation

2013, carried out in monitored locations, presents a

in the labour market for long periods because of

very detailed analysis of Roma employment in 2008:

maternity and this affects their opportunities to

only 27% of Roma of working age were employed in

obtain work experience and to develop their careers

comparison with the national average where 66% of

(ibid.). A fundamental issue here also is the

economically active inhabitants were employed; a

perception of the traditional role of the Roma

further 12% of Roma had only occasional

woman. The demands of caring for the usually

employment; Roma women at their most productive

numerous family members prevents Roma women

age participated in the labour market much less

from building a professional career. Similarly child

(32%) compared with the overall percentage of

care is a further factor putting them at a

Czech Republic women (at 62%); Roma men at

disadvantage, since it reduces employers’ interest in

18

Roma Matrix Country Report: CZECH REPUBLIC

employing women with children - they are assumed

The Ministry of Labour and Social Affairs, which

to be less flexible and more often absent from their

creates and supervises the agenda of employment

work (ibid.: 29) - and their very attribution to the

and which is involved in building the Strategy for

Roma national minority is a further reason for being

Roma Integration, refuses to define its activity on

disadvantaged in the labour market. Other research

the basis of ethnicity. It is therefore impossible to

(FRA, 2009: 5) found that 32% of Roma had

state the percentage or number of Roma among

experienced discrimination when looking for a job.

their numerous programmes and initiatives. However, we can suppose that the relevant policies

An additional problem lies in the extreme

tackle people with low qualifications with big

indebtedness of Roma families. These debts are

difficulties in finding regular work. There are some

often the result of credits provided under

projects financed from the European Structural

unfavourable and expensive high interest rates.

Funds that focus, via the Ministry, on persons living

Some individuals and companies offering such

in socially excluded localities and this will include

credit have developed successful and highly

Roma men and women. The active employment

profitable business by exploiting shortcomings in

policy of the Czech Republic engages the Labour

legislation and low levels of financial literacy among

Offices in offering the potential for new qualifications

Roma (Minister for Human Rights, 2009: 37). It is

and careers counselling, programmes of publically

ironic that often the debts have to be paid by tax

beneficial work and support for job creation. It is

payers via social benefits paid to the indebted

important to stress that the financial means

families. Research by the World Bank (2008), the

allocated to these instruments are on steady

FRA (2009) and the UNDP (2012) has found that

decrease: the budget for them from 2011 to 2012

around 40% of Romani households in areas of

was reduced by 44.6% (Koalice NNO, 2013: 55).

social exclusion were indebted, compared to 8% of non-Romani households. High levels of

One of the goals of the Conception of Roma

indebtedness in Romani households - and the risk

Integration for 2010-2013 was to support social

of legal incomes being docked by bailiffs - are

enterprise for the benefit of the inhabitants of the

among the important factors that influence the

socially excluded localities who have difficulties in

employment rate of Roma. According to Vláda

finding employment. The other goal was to create

(2012: 66) “both repeated failure to find a job, and

and implement strategies for the development of the

life in an environment that perceives long-term

local labour market in such areas. The latter was to

unemployment as an ordinary part of community life,

be realised via an experiment within which public

decrease motivation to find legal employment.

tenders were to be allocated to companies that

Another demotivating factor is the level of expected

would employ 10% of people in long-term

salary, which in low-qualified professions is not high

unemployment (the experiment was carried out in

in comparison with the expected costs, such as the

one place only) and via establishing social

cost of commuting”.

enterprises that would employ the long-term unemployed. Both goals were only partially successful: what was missing was support for Roma business people themselves. That said, Roma business people have been consulted during the establishment of some social enterprises (Koalice NNO, 2013: 57).

19

Roma Matrix Country Report: CZECH REPUBLIC

The Conception of Integration of Roma for 2010-

similar surveys were first carried out (ibid.). Equally

2013 defines a couple of assignments for the

important is that there are no significant socio-

governmental bodies that could be seen to be

demographic differences among the respondents,

developing and strengthening the relations between

which means we cannot relate negative evaluation

Roma and non-Roma, however the main goals are

of the relations between communities to levels of

still focused on improvement of the socio-economic

education or income. The only relevant difference

conditions for Roma. This field is thus left to NGOs

between those who answered positive (the relations

which are almost exclusively financed by the state

are good) and negative (the relations are bad) is

but have a limited range of impact. In this section,

that people who had more contact with Roma (those

we will first look at the current state of affairs when it

who had friends or acquaintances among Roma)

comes to cross community relations, note the

showed a tendency to evaluate their relations as

relevant goals that the Conception states and then

good (only 18% of the respondents said they had

present some of the projects that could be seen to

friends or acquaintances among Roma). What is

strengthen community relations in significant ways.

encouraging is that among those who declared that Roma live in their vicinity, the percentage of

In April 2013, the Public Opinion Research Centre

negative answers was lower (59%) and the positive

(Centrum pro výzkum veřejného mínění (CVVM),

answer raised to 37% out of which 4% claimed the

2013) carried out a survey asking a question about

relations were very good. The limits of the survey lie

how respondents view Roma. The results confirm

in the fact that it included only 1049 respondents but

that an overall majority of the Czech Republic

its relevance lies in the longitudinal results about the

respondents see life with Roma as bad (87%, with

same issue over a specific period of time (ibid.).

36% of those stating life with Roma was very bad).

2013).

What is even more troubling is that only 9% chose to answer good and not even 1% answered it was

According to the Director of the Agency for Social

very good. If we compare it to previous surveys by

Inclusion in the Roma localities, such surveys are

the same institution, the trend of those who see life

completely irrelevant since they work on a

with Roma as bad or very bad is on the rise (in 2009

presumption that Roma represent a monolithic

it was 85%, in 2010 82%, in 2011 81% and in 2012

group with the same values and attitudes and, at the

82%). The result is the worst ever since 1997 when

same time, they create a situation in which there is

20

Roma Matrix Country Report: CZECH REPUBLIC

no single society but two groups which oppose each

The NGO sector has organised numerous national

other (DR, 2011). He claimed that the Agency

and local campaigns for tolerance, mutual

research shows that when the question is asked

understanding and cooperation. The campaigns

differently - namely, if the respondents support

however have a limited impact as they are seen

concrete steps to integrate Roma from the socially

more as NGOs pushing their agenda and spending

excluded localities - most people give their support.

tax payers´ money than achieving a change of

The CVVM survey thus measures only attitudes to

attitudes. One of the more successful and innovative

Roma in ghettos but two-thirds of Roma do not

campaigns is We Work carried out by NGOs Roma

actually live in them (ibid.).

IQ and Romea and financed jointly by the EU’s program for employment and social solidarity

The Conception of Roma Integration for 2010-2013

(Progress 2007-2013), the Czech Republic state

states as one of its main goals inclusion of Roma

budget and the US Embassy.

culture into the majority culture. It delegates the

aimed at one of the strongest prejudices about

duties to various ministries and public bodies: the

Roma in the Czech Republic - namely, that they

Minister of Human Rights - a position abolished by

refuse to work - by showing real Roma people who

the subsequent government and re-instated by the

work, together with their personal histories, which

current government - was to prepare a grants

show how they have overcome prejudices and

program for Roma advisors and the system to

obstacles in their lives. The organisations involved

register and supervise their work; the Ministry of

in the campaign also issue certificates to the ethnic-

Education is to develop programs in education

friendly employers to help those who look for jobs

showing Roma culture and history as part of the

and support those who provide them.

15

The campaign is

16

majority culture of the Czech Republic (to focus on their culture, history and language); and the Czech Television and Radio Media Councils are to develop cultural identities of Roma in public media (Minister of Human Rights, 2009: 16). At the beginning of 2012, the Agency for Social Inclusion opened one half-time job post for the position of Roma mediator for the situation of crisis. The Roma mediator, upon approval from the Agency, intervenes in situations when the escalation of conflict between the excluded minority and the majority threatens to turn into crisis. The mediator gives support to individual subjects to increase their competency and, based on their own capacities, solve the problems by using the potential of already existing good relationships in the community. The mediator intervenes by sending mail, making phone calls and going to the places where the crisis is developing (once or repeatedly as required) and suggests constructive solutions (Agentura, 2013: 16).

15

The web page is financed by the Progress, Roma Matrix, the Czech state and the US Embassy in the CZ. 16 http://www.mypracujeme.cz/

21

Roma Matrix Country Report: CZECH REPUBLIC

The Roma victims of forced sterilisation in the

Ethnic profiling in the Czech Republic is not

Czech Republic have not yet received

systematically monitored and does not feature in

compensation from the Czech government, although

public discourse. It is thought to happen mainly in

the Ombudsman demanded systematic regulations

the case of Roma and it is most obvious in the

for compensation in 2005. In November 2009, the

penitentiary system and institutional care for

government expressed its regret because of

children. The estimate is that approximately 30% of

individual mistakes committed but no compensation

the prison population is Roma, although they

mechanism has been established. Thus, victims are

represent only 2%-3% of general population (Valeš

forced to undergo legal proceedings demanding

and Muhič, 2011: 21).

compensation for health damages individually. CEDAW (2010: 9) criticised the fact that victims

Neo-Nazi movements are the most important

have not been compensated yet. The Commissioner

players when it comes to violent hate crimes. Their

of the Council of Europe also criticised the

ideology in this context is based mainly on anti-

government in his report after his visit in November

Gypsyism. The neo-Nazi movements’ activities were

2010 because, as he stated, the victims were not

reduced in 2011 through state measures adopted to

provided with efficient legal means to achieve

suppress their activities: the far-right party Dělnická

compensation and he asked for clear legal

Strana (Workers Party) was abolished by the Czech

regulation on informed consent in relation to medical

state in 2010.

operations to be adopted by June 2011 at the latest

under the name Workers Party of Social Justice and

(Hammarberg, 2011).

has since carried out numerous anti-Roma

17

However, it has resurrected itself

demonstrations. Their continued existence has serious implications for any attempts to integrate Roma successfully into the Czech Republic.

17

The verdict is available at: http://www.nssoud.cz/docs/Delnicka_strana_original.pdf (accessed 12 September 2010).

22

Roma Matrix Country Report: CZECH REPUBLIC

Agentura pro sociální začleňování (2013) Výroční zpráva o činnosti Agentury pro sociální začleňování 2012. Praha: Agentura pro sociální začleňování. Bezpečnostní informační služba ČR, (2013) Výroční zpráva za rok 2012. Available at: http://www.bis.cz/n/2013-11-07-vyrocni-zprava-2012.html#1 (accessed 1 December 2013). CEDAW (2010) Concluding Observations of the Committee on the Elimination of Discrimination Against Women. Available at: http://www.vlada.cz/assets/ppov/rada-pro-rovne-prilezitosti/concluding_observations_47th_Session _ENG.pdf (accessed 1 August 2014). Čermák, M (2010) Diskriminace in the Report of CHC on the State of Human Rights in the CR in 2009: Czech Helsinki Committee. Available at: http://helcom.cz/view.php?cisloclanku=1970010105 (accessed 4 August 2010). Collective (2009) Health and the Roma Community: Analysis of the Situation in Europe. Available at: http://ec.europa.eu/justice/discrimination/files/roma_health_en.pdf (accessed 18 November 2013). Committee on the Rights of the Child (2003) Concluding Observations of the Committee on the Rights of the Child: The Czech Republic. Available at: http://www1.umn.edu/humanrts/crc/czechrepublic2003.html (accessed 10 February 2014). CVVM (2013) Romové a soužití s nimi očima české veřejnosti, Praha: CVVM. Deník Referendum (2010) Lidskoprávní sdružení kritizují vládu, aktivista Holomek Jocha. [online]. [retrieved 10 February 2014]. Available at: http://denikreferendum.cz/clanek/5722-lidskopravni-sdruzeni-kritizuji-vladu-aktivista-holomek-jocha Deník Referendum (2011) CVVM: Čtyři pětiny lidí považují soužití s Romy za špatné. Available at: http://denikreferendum.cz/clanek/10693-cvvm-ctyri-petiny-lidi-povazuji-souziti-s-romy-za-spatne (accessed 7 November 2013).

23

Roma Matrix Country Report: CZECH REPUBLIC

Demografické informační centrum (2012) Evaluační zpráve: Efektivita intervence Agentury pro sociální začleňování (Hodnoceno u lokalit, kde byla intervence zahájena v letech 2010 a 2011). Available at: www.socialni-zaclenovani.cz (accessed 5 August 2014). European Court of Human Rights (2007) D.H. and Others v. The Czech Republic [Application No. 57325/00]. Available at: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-83256#{"itemid":["001-83256"]} (accessed 10 November 2013). ERRC (European Roma Rights Center) (2001) Romské děti v ústavní péči v Česke Republice . Praha: ERRC. EUFRA (European Union Agency for Fundamental Rights) (2013) Analysis of FRA Roma Survey Results by Gender. Available at: http://fra.europa.eu/en/publication/2013/analysis-fra-roma-survey-results-gender (accessed 14 October 2013). FRA (Fundamental Rights Agency) (2009) Data in Focus. Available at: http://fra.europa.eu/sites/default/files/fra_uploads/413-EU-MIDIS_ROMA_EN.pdf (accessed 10 November 2013). Gabal, I. and Víšek, P. (2009) Východiska strategie boje proti sociálnímu vyloučení. Available at: http://www.gac.cz/userfiles/File/nase_prace_vystupy/GAC_Strategie_soc_vylouceni.pdf (accessed 27 August 2014). Government of the Czech Republic and Government Council on Roma Affairs (2010), Zpráva o stavu romské menšiny za rok 2009, Praha: Úřad vlády. Government of the the Czech Republic and Government Council on Roma Affairs (2012) Zpráva o stavu romské menšiny za rok 2011, Praha: Úřad vlády. Hammarberg, T. (2011) Commissioner for Human Rights of the Council of Europe Report on his Visit to the Czech Republic from 17 to 19 November 2010. Available at: https://wcd.coe.int/ViewDoc.jsp?id=1754217 (accessed 17 February 2014). Holomek, K. (2011) Strategie demaskována. Available at: http://blog.aktualne.centrum.cz/blogy/karel-holomek.php?itemid=12122 (accessed 7 November 2013). Hradecký, I. (2006) Národní zpráva o bezdomovství v České republice 2006, politikcá část. Available at: http://www.nadeje.cz/vz/nzob2006p.pdf (accessed 14 November 2013).

24

Roma Matrix Country Report: CZECH REPUBLIC

Idnes (2012) Agenturu pro sociální začleňování zrušte, žádají politici ze Šluknovska. Available at: http://zpravy.idnes.cz/agenturu-pro-socialni-zaclenovani-zruste-zadaji-politici-ze-sluknovska-144/domaci.aspx?c=A120126_142030_usti-zpravy_alh (accessed 7 August 2014). Idnes (2010) Vláda odsouvá lidská práva na druhou kolej, sílí hlasy kritiků. Available at: http://zpravy.idnes.cz/vlada-odsouva-lidska-prava-na-druhou-kolej-sili-hlasy-kritiku-pum/domaci.aspx?c=A101105_142236_domaci_hv (accessed 7 February 2013). Idnes (2012) Zmocněnkyně Šimůnková: Mnoho Romů vzdělání nezajímá, musíme to změnit. Available at: