towards a better Europe A serious limitation on the European Ombudsman        ©2003 GEL-Portsea Isle        adapted from European Ombudsman web site images A recent APE wire reports on the content of correspondence between officials in the European Commission and other EU organizations and the European Committee on Romani Emancipation (ECRE). APE reports a consistent failure of the European institutions to respond to clear and important requests from ECRE. The latest exchange in what is a record of intentional institutional obfuscation involves, quite remarkably, the European Ombudsman. ECRE According to the ECRE web site they are dedicated to the elimination of the enforced exclusion, dependency and poverty of the Roma and work towards the achievement of a Roma status as equal contributors to, and beneficiaries of, European economic growth, through advocacy of equal opportunities and treatment, organising employment creating investment, training and education for all age groups. Denial of education is the issue Since 1999, it would seem, ECRE has been trying to call the attention of European officials to what appears to be a terrible human rights abuse in at least three of the countries about to join the European Union. In essence is the issue is that the governments of the Czech Republic, Hungary and the Czech Republic provide generous financial incentives to rural local authorities to segregate Roma children into Special Schools. Massive corruption based on fraudulent classifications The classification of normal Roma children as in need of "special education" is undetaken by employees of these governments; the classification is entrely fraudulent. The children receive no education and none of this money benefits them. The money flowing through this system amounts to some Euro 200 million each year, something like Euro 2 billion since the "fall of communism". Fascist system promoted by current governments Although it is claimed that this system arose during the Communist regime ECRE has pointed out that it is in fact modelled on the Nazi school system for Sinti, Jews and Roma in the 3rd Reich. Also contrary to the assertions of officials, the communist regimes did not really abuse this system. The number of children forced in to this system has risen four-fold in the last 14 years, after the communist system collapsed. Forcing issues into the open ECRE published a report in February of this year spelling out these details and was attacked for "inaccurate" figures. But since then, what has emerged is that ECRE's figures were fairly accurate when one takes into account that they said their figures were within + or - 20%. ECRE were supported in the development of this work by field volunteers made up of Roma and non-Roma volunteers and succeeded in forcing this issue out into the open with their report. Failure of EU institutions to perform The unsettling issue is that since the issue of the report, none of the European organizations approached by ECRE have responded to their questions and requests for action. Gunter Verhugen, Enlargement Commissioner, even ignored letters from as far back as 1999 advising him of this growing scandal. Verhugen's department has failed to respond to the report issued by ECRE. The European Parliament has yet to even say they will undertake an inquiry as a result of a Petition sent by ECRE in February 2003. This requests financial sanctions against these countries until they solve this problem and comply with Article 13. President Prodi has not replied to a letter asking for an explanation as to why negotiation chapters, which contain remedies for this human rights abuse, were closed. In this letter ECRE also raises the serious issue that, because the Commission failed to report the scale and nature of this widespread human rights abuse, the accession votes by the European Parliament and the Council are flawed. Inexplicable Parliamentary and Council accession votes ECRE became aware of the Commission's bad faith, that is failure to report this human rights abuse more transparently, when the votes on accession took place at the European parliament and the Council. ECRE appeal to the Ombudsman They therefore sent a complaint to the European Ombudsman, P. Nikiforos Diamandouros, on 28th May 2003 concerning the behaviour of the European Commission. More of the same? Diamandouros replied on 26th June 2003 stating that he would not initiate an inquiry. His justification was that the European Petitions Committee is looking at this issue. Unfortunately, Diamandouros seems to have misunderstoof the direction of the requests by ECRE to the European Parliament's Petition Committee which was an entirely different issue from that sent to the Ombudsman. The Petition to the EU Parliament was specifically related to the behaviour of the governments concerned with a suggestion that sanctions should be applied on EU funds until such a time they complied with EU Law and Article 13 in particular. On the other hand, the complaint to the Ombudsman is specifically and exclusively about maladministration of the European Commission in its handling of this issue, and, in particular, its failure to report this issue in a transparent and timely fashion. Hector McNeill, a member of the ECRE Management Committee, wrote back to Diamandouros, on behalf of ECRE, pointing out the confusion and requesting that Diamandouros reconsider his decision. Diamandouros replied on 24th July 2003 indicating correctly that he cannot initiate an inquiry because the Treaty for European Union prevents him from doing so. Anything to do with the behaviour of the Commission with respect to accession is a matter for the Court of Justice. According to McNeill, Diamandouros's position is justified by the "procedures" but this only further delays resolution. As he observed, "this is a case of justice delayed being justice denied and in this case it would seem no justice at all." Justice in Europe? ECRE has been and continues to be dedicated to the righting of serious human rights abuse leveled against members of the Roma community in Europe. ECRE is not funded by any government nor international organization, it is an entirely voluntary effort. In spite of this, ECRE has done more to expose this horrendous situation than any other organization in Europe. ECRE has also undertaken more detailed investigative analyses as to why it happens and identified the massive financial incentives provide by central govenrments to maintain this system of segregation and denial of education. ECRE has not achieved this as a result of desk exercises but as a result of field work involving Roma volunteers. ECRE runs an active poster campaign to close the Special schools. It is quite shameful that officials in the European Union institutions, including the Commissioner for Enlargement and President Prodi with their copious resources, do not measure up to the standards in effort being demonstrated by ECRE. The Ombudsman it would seem can do nothing in spite of having expressed the opinion to McNeill, that,"Your complaint raises serious issues, and it is my view that these issues should be examined in depth."