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Recommendation 1941 (2010)1

Roma asylum seekers in Europe

1. Referring to its
Resolution 1768 (2010) on Roma asylum seekers in Europe,
the Parliamentary Assembly draws attention to the worrying
situation in some member states where Roma are the target of
racist violence, which is a factor that forces many Roma to
flee their home country and to seek protection abroad.

2. The Assembly recognises that
responsibility for the human rights and welfare of the Roma
rests with those countries of origin, but considers that the
restrictive rules concerning persons from one member state of
the European Union who apply for asylum in another member
state of the Union must be reassessed so that asylum seekers
are guaranteed an opportunity to rebut the presumption of
safety in their country of origin, even in cases of flight
within the European Union.

3. In addition, in the light of the
recommendations by the Council of Europe Commissioner for
Human Rights concerning the current undesirability of
returning Roma to Kosovo,2
the Assembly further considers that policies with regard to
such returns, concerning many thousands of individuals, should
be reconsidered and planned returns suspended until they can
be shown to be safe and sustainable.

4. It is also important that the general
situation of Roma, which includes poverty, exclusion,
discrimination and, in some cases, persecution, be examined.

5. The Assembly therefore welcomes the
initiative of the Secretary General of the Council of Europe
to call a high-level meeting, including not only Council of
Europe member states, but also the European Union, and the
opportunity this provides to ensure greater allocation of
European Union funds for Roma integration both in European
Union and non-European Union countries.

6. Therefore, the Assembly recommends that
the Committee of Ministers:

6.1. instruct the Committee of Experts on
Roma and Travellers to examine the measures necessary to
create durable solutions for Roma from Kosovo who have been
living for many years in member states;

6.2. invite the Advisory Committee on the
Framework Convention for the Protection of National Minorities
(ETS No. 157) to examine, in the context of its monitoring
activities and in the light of the Framework Convention, the
legal and factual consequences of measures related to the
return of Roma to Kosovo;

6.3. instruct the Steering Committee on the
Mass Media to assess the media situation in member states, as
regards the dissemination of hate speech, racist ideas and
prejudice against Roma, including Roma migrants and asylum
seekers, and to propose relevant action as necessary.

1. Text adopted by
the Standing Committee, acting on behalf of the Assembly,
on 12 November 2010 (see Doc.
12393, report of the Committee on Migration, Refugees and
Population, rapporteur: Mr Pupovac).

2. All references to Kosovo in
this text, whether to the territory, institutions or people,
shall be understood in full compliance with the United Nations
Security Council
Resolution 1244 and without prejudice to the status of
Kosovo.

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