Explanatory Memorandum to COM(2020)621 - Roma equality, inclusion and participation - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)621 - Roma equality, inclusion and participation. |
|---|---|
| source | COM(2020)621  |
| date | 07-10-2020 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The proposal for a Council recommendation on Roma equality, inclusion and participation responds to a need at European Union level to combat discrimination and achieve equal treatment of Europe’s largest ethnic minority, including by promoting equality and socioeconomic inclusion. This proposal is presented jointly with a Communication from the European Commission ‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participation’ (‘the Communication’) 1 which includes EU objectives and headline targets and proposes the use of a portfolio of indicators (Annex 2 to the Communication).
Tackling discrimination and socioeconomic exclusion is even more important in a crisis context, where poverty and structural inequalities are likely to rise. Therefore, social recovery measures should reach out to all, in particular the most disadvantaged, irrespective of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Commission President Ursula von der Leyen has committed to promoting a Union of Equality and is determined to ‘ensure that equality is at the heart of the recovery’.
The ‘EU framework for national Roma integration strategies up to 2020’ 2 , adopted by the Commission on 5 April 2011, is drawing to a close. Its main objectives were to tackle the socioeconomic exclusion of Roma in the EU and enlargement countries by promoting equal access to education, employment, health and housing. This framework called on Member States to design national Roma integration strategies and set national goals based on Roma integration goals in the above four areas. In 2013, the Council adopted a Recommendation 3 on effective Roma integration measures in the Member States. This was the first EU soft law instrument to target the Roma explicitly. The Recommendation reinforced the EU framework by:
·providing guidance to Member States on how to make national measures to improve the integration of the Roma more effective and how to implement their national Roma integration strategies (NRIS) more effectively;
·recommending that Member States take effective policy measures to ensure equal treatment for Roma, including equal access to education, employment, healthcare and housing, and indicating how each of the four goals (ensuring equal access to education, employment, healthcare and housing) could be met;
·stating that these goals could be achieved through either mainstream or targeted measures, including specific initiatives to prevent or compensate for disadvantages, or through a combination of both, with particular attention to the gender dimension;
·focusing more closely on anti-discrimination, referring explicitly to antigypsyism, and extending work on Roma integration to new horizontal and structural areas beyond employment, education, health and housing; and
·calling on Member States to inform the Commission annually, starting from 2016, of any measures taken in line with the Recommendation and any progress achieved in implementing the strategies.
The Conclusions from the Employment, Social Policy, Health and Consumer Affairs (EPSCO) Council of 8 December 2016 4 called on the Commission ‘to carry out a mid-term evaluation of the EU framework for national Roma integration strategies up to 2020 and to propose a post 2020 strategy on Roma integration, and include therein a proposal for a revision of the Council Recommendation’. The Commission carried out an in-depth evaluation of the EU Framework 5 , which was adopted in December 2018, and published the staff-working document on the evaluation 6 .
The evaluation and the conclusions drawn from it by the Council, the European Parliament and several Europe-wide and national civil society organisations 7 show a need to renew and step up the commitment to Roma equality. This commitment should ensure a specific focus on non-discrimination, which includes tackling antigypsyism and addressing the four socioeconomic areas in which inclusion needs to be improved: education, employment, health and housing 8 . It should also reflect the needs of specific groups and diversity within the Roma population; involve Roma people in designing, implementing, monitoring and evaluating Roma equality and inclusion strategies; improve target setting, data collection, monitoring and reporting; and make mainstream policies more sensitive to Roma equality and inclusion.
In July 2019, the prime ministers of the Western Balkans countries endorsed the Roma integration declaration 9 , committing, by accession time, to tangible progress in education, employment, health, housing, civil registration and non-discrimination.
In September 2019, the Commission adopted the 2019 report on the implementation of national Roma integration strategies 10 .
Europe still has a long way to go to achieve equality for its Roma population. Today, the marginalisation of Roma persists, and many of the continent’s estimated 10-12 million Roma 11 continue to face discrimination, antigypsyism, and socioeconomic exclusion in their daily lives. These phenomena are intertwined. There is no equality when discrimination persists, and it is impossible to combat discrimination effectively without tackling antigypsyism and improving the socioeconomic inclusion and participation of the Roma population. Roma children’s potential is hampered as too many of them do not enjoy equal access to education due to poverty, exclusion and discrimination
According to available data gathered by the EU Agency for Fundamental Rights in 2011, 2016 and 2019, overall progress in Roma integration has been limited since 2011, although there are significant differences across policy areas and countries 12 . Most progress has been achieved in education (with reductions in early school leaving and improvements in participation rates in early childhood education, care and schooling, but increase in segregation). Despite the alleviation of poverty risk and improvements in self-perceived health status among the Roma, medical coverage remains limited. There has been no statistically significant improvement in access to employment, and the proportion of young Roma people not in employment, education or training has actually increased. The housing situation remains complex and is one of the biggest challenges the Roma community is facing in the European Union and beyond. Antigypsyism continues to give serious cause for concern. At the same time, there is some evidence of a slight reduction in Roma people’s experiences of discrimination when accessing certain types of service. Under Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (the ‘Racial Equality Directive’) 13 , the Commission has initiated infringement procedures against three countries for school segregation of Roma children 14 .
The COVID-19 pandemic has revealed the extreme exposure of excluded and marginalised Roma communities to both short-term negative health impacts and to medium-term socioeconomic impacts. Roma children living in marginalised communities are among the hardest hit by the pandemic. Distance learning has been impossible for too many Roma children living in households without IT facilities or electricity. The crisis has also revealed the urgent need for a more efficient policy response at European level.
The persistence of inequalities and systemic disadvantage represents a loss of human capital and resources to Europe’s economies. The disadvantages faced by the Roma population affect the economy and societies within Europe. In countries with a larger share of Roma people, this group represents a growing proportion of the school-age population and the future labour force. Progress in socioeconomic inclusion for the Roma has the potential to reduce labour and skills shortages in times of adverse demographic developments, reduce social expenditure, and benefit the economy. Investment in better education and upskilling of a previously excluded labour force can positively affect productivity growth. The European Union must address inequalities more effectively by ensuring that Roma people can make full use of social protection systems and ensure that Roma people can deploy their potential to contribute to the economy and society in general, which will lead to better social and economic outcomes for all. This proposal, combined with the Communication, adopted by the Commission at the same time, has the potential to address the inequalities affecting the Roma population and lead to better social outcomes for all.
The proposal for a recommendation takes stock of the measures reported by Member States since 2016 under the 2013 Council recommendation, and reviews and expands them. The purpose is to renew and replace the 2013 instrument, by providing stronger guidance to Member States and confirming their renewed long-term commitment to addressing the persistent problems and challenges facing the Roma community, which risk being exacerbated by the COVID-19 pandemic and its impact.
It complements the Communication. Both initiatives constitute the EU Roma strategic framework up to 2030, which is designed to incorporate the lessons learned from the previous EU framework for national Roma integration strategies up to 2020 as regards areas of intervention, monitoring and reporting objectives, cross-sectoral coordination, funding and involvement of various stakeholders.
Contents
1. Chapter on three horizontal objectives designed to prevent and combat discrimination by promoting: (i) equality, (ii) inclusion and (iii) Roma participation;
2. Chapter on four sectoral objectives: education, employment, health and social services, and housing and essential services;
3. Chapter on partnerships and institutional capacity;
4. Chapter on funding;
5. Chapter on monitoring and reporting.
The proposal is designed to ensure synergies with new initiatives developed at European level for the period up to 2030 and with the use of Union funds, to improve implementation at national, regional and local levels.
• Consistency with existing policy provisions in the policy area
The recommendation is consistent with existing provisions in the field of equality. It builds on the EU framework for national Roma integration strategies, due to end in 2020, and fully addresses the findings of the evaluation. It renews and replaces the 2013 Council Recommendation on effective Roma integration measures in the Member States, to provide Member States with more relevant and effective guidance on how to accelerate progress towards equality, inclusion and participation for the Roma over the next 10 years.
The proposal is consistent with and envisages the effective implementation of EU equality legislation, in particular the Racial Equality Directive, which prohibits discrimination based on racial or ethnic origin in employment, social protection, social advantages, education, and access to and supply of the goods and services available to the public 15 . The proposal is also consistent with the Commission Recommendation (EU) 2018/951 16 establishing standards for an effective and independent functioning of bodies for the promotion of equal treatment (‘equality bodies’), which were set up under the Racial Equality Directive 17 . It is also in line with the Charter of Fundamental Rights of the EU, which prohibits discrimination on any grounds, including race and ethnic origin 18 . In addition, Council Framework Decision 2008/913/JHA is designed to combat, through criminal law, certain forms and manifestations of racism and xenophobia 19 .
The current proposal is designed to pursue the implementation of the European Pillar of Social Rights by consolidating principle 3, ‘equal opportunities’ and by its relevance to several other principles. It also takes inspiration from the UN Agenda 2030 and the United Nations Sustainable Development Goals (SDGs).
The proposal is consistent with recent strategies in the area of equality, such as the gender equality strategy for 2020-2025 20 , the EU anti-racism action plan 2020-2025 21 and the forthcoming LGBTI+ equality strategy, which address the specific situation of Roma women and Roma LGBTI+ people, respectively, and the EU strategy on victims’ rights 22 .
• Consistency with other Union policies
The proposal is consistent with other EU policies, in particular the European pillar of social rights, designed to increase social fairness, irrespective of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. It is part of the specific initiatives implementing the European pillar and consistent with similar initiatives such as the reinforced youth guarantee 23 , the future child guarantee or and the forthcoming action plan to implement the pillar. It contributes to the implementation of the EU anti-racism action plan 2020-2025 24 and is consistent with Directive 2012/29/EU, which lays down minimum standards for the rights, support and protection of victims of crime 25 , with a particular focus on victims of a crime committed with a bias or a discriminatory motive. The specific needs of Roma are already included in the new EU victims’ rights strategy and will feature in the upcoming strategy for the implementation of the Charter of Fundamental Rights of the EU. The proposal is also consistent with the EU legal and policy framework addressing trafficking in human beings 26 . The proposal is also compatible with the Audiovisual Media Services Directive 27 which sets out requirements protecting users of audiovisual media services and video sharing platforms from incitement to violence or hatred, as well as from discriminatory audiovisual commercial communications. It also obliges video sharing platforms to take appropriate measures to protect users from racist and xenophobic content.
In addition, the proposal ensures coherence between EU policy support on the one hand, and legal and funding instruments that can be mobilised and aligned towards Roma equality and inclusion on the other, such as the NextGenerationEU, including the Recovery and Resilience Facility and the EU funds.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Article 292 of the Treaty on the Functioning of the European Union (TFEU), under which the Council adopts recommendations on a proposal from the Commission, in conjunction with Article 19 i TFEU which provides for appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
–Article 2 of the Treaty on European Union, which states that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
–Second subparagraph of Article 3(3) of the Treaty on European Union, under which the Union is required to combat social exclusion and discrimination and promote the protection of the rights of the child.
–Article 10 of the Treaty on the Functioning of the European Union, which provides that the Union, in defining and implementing its policies and activities, aims to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
–Article 8 of the Treaty on the Functioning of the European Union, which states that in all its activities, the Union will aim to eliminate inequalities and to promote equality between men and women. Under Article 157(3) of the Treaty on the Functioning of the European Union, the European Parliament and the Council are to adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.
–Article 21 of the Charter of Fundamental Rights of the European Union, which prohibits any discrimination on any grounds, such as sex, race, ethnic origin, religion or belief, disability, age or sexual orientation. Article 23 of the Charter enshrines the right to equality between men and women in all areas, including employment, work and pay. Article 26 recognises and respects the right of people with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community. Moreover, the equality of everyone before the law is enshrined in Article 20 of the Charter of Fundamental Rights of the European Union.
• Subsidiarity (for non-exclusive competence)
Underlying shared values, such as equality and fundamental rights, and common objectives, such as economic prosperity, social cohesion and solidarity between Member States, call for the Union to play a role in policies to achieve equality and inclusion for the Roma. In addition, transnational mobility of Roma across EU countries, in the context of freedom of movement and of the migration of Roma from third countries, makes Roma inclusion a joint EU-level objective.
The proposal ensures the continued added value of action at EU level. The evaluation of the EU framework showed that it has had positive EU added value by putting Roma inclusion on the EU and national agendas, developing structures, and improving the coherence of EU policy and legal and funding instruments that have been mobilised and aligned to advance the inclusion of the Roma. The proposal will uphold political commitment and focus on Roma equality and inclusion in the EU countries. At present, the effects of the EU framework are unlikely to last after 2020 if there is no further EU support. National efforts need to be stepped up, and more time is needed to consolidate working structures, to further align and mobilise other policy, legal and financial instruments, and to monitor the impact of policies more effectively. The proposal is also designed to reduce fragmentation in implementation at national level, one of the weaknesses identified in the evaluation of the EU framework.
The added value of EU-level action is becoming even more crucial in view of the challenges associated with and following from the COVID-19 crisis. Many Roma communities have suffered disproportionately because of generally limited access to basic hygiene and sanitary infrastructure, limited access to clean water and healthcare services, high levels of economic precariousness, overcrowded households, and segregated settlements or camps that are also overcrowded. There is need for action at EU level to ensure that the burden of the pandemic does not fall disproportionately on the most vulnerable and to prevent existing inequalities from worsening.
• Proportionality
The proposal abides fully by the proportionality principle. Member States face challenges in seeking to ensure equality, inclusion and participation for the Roma. However, these challenges vary both in intensity (depending on the size of the Roma population and their share of the overall population, as well as on the wider economic context and the legacy of exclusion and discrimination) and in their specific features (such as transnational mobility, migration or issues associated with civic documentation).
The proposal builds on the Communication setting a common EU framework with shared minimum commitments for all Member States, complemented by different degrees of additional political commitment according to the specific situation of the countries and the different challenges facing Roma living in their territory. The proposed action takes full account of Member States’ practices and the diversity of national strategic frameworks.
To measure progress, the Commission, with the support of the EU Agency for Fundamental Rights, has set up the Roma Working Party on indicators and reporting to complement Member States’ efforts. The Working Party has proposed a portfolio of indicators for Roma equality, inclusion and participation 28 , developed with full respect for specific national situations. Countries can select relevant qualitative and/or quantitative indicators to measure progress from a portfolio of common indicators. At the same time, by requiring countries to select qualitative and/or quantitative national objectives on the way to EU-level targets, the proposal avoids excessive fragmentation and seeks to increase countries’ commitment to achieving progress towards equality, inclusion and participation for the Roma.
The proportionality assessment also played a key role in the choice of instrument.
• Choice of instrument
The proposed instrument is a proposal for a Council recommendation, which abides by the principles of subsidiarity and proportionality. The proposed recommendation provides guidance to Member States on how to speed up progress towards Roma equality, inclusion and participation. The proposal is presented together with the new Communication on an ‘EU Roma strategic framework for equality, inclusion and participation’. The aim is that Member States, the Commission and all stakeholders should work together consistently and coherently towards shared objectives.
As a legal instrument, the proposal signals the Member States’ commitment to the measures laid down in this recommendation and provides a strong political basis for cooperation at European level in this area, while fully respecting the remit of the Member States. Once the proposal is adopted, it will replace the Council recommendation of 9 December 2013 on effective Roma integration measures.
This initiative signals a renewed and strengthened commitment by Member States to improving national Roma strategic frameworks for equality, inclusion and participation, strengthening national Roma contact points, and continuing coordinated reporting to and monitoring by the Commission. This recommendation thus meets the need to act at EU level, while also taking account of country-specific differences as regards the situation of the Roma. The recommendation enables the EU to pursue common objectives while also allowing the Member States some flexibility in terms of achieving their qualitative and/or quantitative targets, depending on their starting point, national history and current practices.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Further to the Council conclusions of 8 December 2016 29 , the Commission carried out an in-depth evaluation of the framework, adopted a report 30 on the evaluation in December 2018, and published a staff working document on the evaluation 31 .
The evaluation, which covered 2011-2017, assessed the framework’s relevance, coherence, effectiveness, efficiency, coordination, equity, sustainability and EU added value. It was based on:
–an extensive desk review of secondary literature, reports and databases,
–in-depth country studies,
–interviews with stakeholders in 16 EU countries,
–interviews at EU level and in three enlargement countries,
–an open public consultation,
–a survey among non-governmental organisations,
–2016 survey data from the EU Agency for Fundamental Rights (EU-MIDIS II), and
– a validation workshop.
The evaluation concluded that the four priority areas (employment, education, health and housing) continue to be key for Roma equality and inclusion. In addition, the evaluation highlighted that the specific non-discrimination goal should both build on an inclusion approach and be pursued with a strong focus on antigypsyism, preventing and combating discrimination.
The evaluation found that the framework had a positive EU added value by putting Roma inclusion on the EU and national agendas, developing structures and improving the coherence of EU policy and legal and funding instruments that have been mobilised and aligned for Roma inclusion.
It noted that the framework allowed Member States to adapt their objectives to specific national contexts. While this meant they could tailor their approach as appropriate, the evaluation found that it also tended to fragment implementation, reduce effectiveness, and limit progress towards the EU’s Roma integration goals.
The evaluation also concluded that the framework had limited capacity to deal with diversity within the Roma population. It gave too little attention to targeting specific groups among Roma (women, young people and children, and EU mobile Roma).
Finally, it found that governance mechanisms are in place at the EU and national level, but that their function remains limited. Efforts have been made to improve civil society participation, but opportunities for Roma people to participate effectively in political life and in all stages of the policy process remain limited.
The Commission’s report on the in-depth evaluation concluded that ‘the evaluation has shown that the EU Framework is the beginning of a process that, despite many limitations and taking into account the massive task involved, has shown positive results and an initial change in trends’. While it underlined that ‘the initial phase has achieved some tangible, albeit insufficient results’, it also stressed a need for ‘the overall process [to] be strengthened and [to] become better focused, with an emphasis on improved political commitment, the introduction of specific measurable targets and rigorous monitoring, and more effective implementation supported by sufficient funding and participatory governance systems.’
• Stakeholder consultations
Evaluating the EU framework 32 required extensive consultations, some with numerous forward-looking questions, which fed into the preparation of the initiative. The additional consultations for the initiative complemented those already carried out for the evaluation 33 , their scope and objectives being aligned with the remaining data collection needs.
Targeted consultations sought to collect opinions and advice on key thematic aspects such as policy options; how to address antigypsyism, Roma participation and diversity in the initiative; and how to improve monitoring and measurement of progress through indicators and objectives. The staff working document 34 , published at the same time as the Communication setting out the strategic framework and this proposal, details the consultation activities, the stakeholders involved and how their contributions informed the new initiative.
• Collection and use of expertise
The proposal is grounded in the Commission report on the EU framework evaluation 35 , the staff working document on the evaluation 36 , and the detailed external evaluation support study provided by ICF/Milieu 37 , on which it builds.
The results of surveys carried out in 2011, 2016 and 2019 by the EU Agency for Fundamental Rights in eleven, nine and five additional Member States respectively remained relevant to the proposal.
The information about implementation of the strategies at national level in the EU, gathered from the national Roma contact points since 2016, was assembled in the Commission’s report on progress towards Roma integration of September 2019 38 . This information was complemented by reports from civil society in the context of the Roma Civil Monitor European Parliament Pilot Project, 2017-2020 39 .
Additional evidence and data were sought through the results of a Eurobarometer survey on perceptions of discrimination against Roma 40 and external expert studies focusing on how to operationalise the need to take better account of diversity among Roma, the fight against antigypsyism, and Roma participation 41 .
The proposal also benefited from close cooperation with the EU Agency for Fundamental Rights on monitoring arrangements, including development of outcome and process indicators 42 .
• Impact assessment
The instrument proposed – a Council recommendation – offers guidance on the implementation of the Roma strategic frameworks, while also allowing Member States to be flexible in designing and implementing measures. Consequently, no impact assessment is needed.
The expected impacts depend largely on what level of commitment to Roma equality and inclusion the Member States agree to, i.e. the ambition reflected in the Council recommendation once adopted and the national strategic frameworks put in place thereafter 43 . Moreover, in addition to general challenges of quantifying and monetising equality, non-discrimination and respect for fundamental rights, conducting an impact assessment in the field of Roma equality and inclusion faces serious limitations as regards ethnic data collection in some Member States.
A comprehensive staff working document 44 includes an overview of the main lessons stemming from the design and implementation of the EU framework up to 2020. It builds on the Commission’s annual reports, several evaluations and studies at EU level, expert reports, civil society shadow reports, and feedback received during targeted consultations with national and international stakeholders.
• Regulatory fitness and simplification
Not applicable.
• Fundamental rights
The proposal has positive consequences for the protection of fundamental rights. It will step up implementation of the EU Charter of Fundamental Rights, especially Article 21, which prohibits discrimination on any grounds, including race and ethnic origin 45 .
4. BUDGETARY IMPLICATIONS
This recommendation has no financial implications for the EU budget.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The proposal takes a common but differentiated approach. It provides guidance to Member States on how to design more effective national strategic frameworks, taking into account country-specific challenges related to Roma equality, inclusion and participation. To monitor progress better, the proposal calls on Member States to use the common indicator framework for Roma equality, inclusion and participation. A working party on indicators for Roma equality, inclusion and participation post-2020, coordinated by the EU Agency for Fundamental Rights at the Commission’s request, worked to develop this framework. The indicator framework provides comparable, robust and relevant indicators for monitoring progress and evaluating the results of the national Roma strategic frameworks. It includes process indicators to reflect measures (including policies, programmes and projects) and outcome indicators to measure progress towards objectives based on statistical data, which can be populated from census, administrative data and/or survey data. This portfolio of quantitative and qualitative indicators takes account of national circumstances and the available evidence base.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
§1-4 refer to the horizontal objectives of equality, inclusion and participation, and propose measures to enhance progress in these areas.
§5-10 refer to the sectoral objectives of ensuring effective equal access for Roma to inclusive mainstream education, quality and sustainable employment, quality healthcare and social services, adequate desegregated housing, and essential services.
§11-27 refer to the need to strengthen the partnerships and institutional capacity of the multiple stakeholders to be involved in this cross-sectoral field.
§11-13 recommend that the Member States ensure that the national Roma contact points have the resources and mandate they need to effectively coordinate the implementation of national policies for Roma equality, inclusion and participation.
§14 and 15 encourage the Member States to step up the involvement of the bodies for the promotion of equal treatment, and to support their independence and cooperation with all relevant actors.
§16 - 20 call on the Member States to further mobilise and support local and regional levels to improve implementation of the national strategic framework for Roma equality, inclusion and participation.
§21-27 focus on the cooperation and involvement of civil society.
§28-34 refer to ways to make more effective use of EU and national funding.
§35-39 revise the monitoring and reporting arrangements, the aim being to reduce the administrative burden of reporting and provide for the Commission and the EU Agency for Fundamental Rights to give stronger support with using a common portfolio of process and outcome indicators to monitor progress towards the EU objectives and headline targets.
.