Europe, Headlines, Human Rights

RIGHTS: Ruling Gives Roma New Hope

Pavol Stracansky

PRAGUE, Dec 16 2004 (IPS) - Roma rights groups have hailed a ruling by British law lords that British immigration controls at Prague airport breached international laws against racial discrimination.

They say the ruling is one of the most significant of its kind, and can have long-term consequences, even though it is legally redundant now after the Czech Republic has joined the European Union (EU).

A London court had earlier rejected a complaint by the European Roma Rights Centre (ERRC) in Budapest, Hungary, and six Czech Roma that checks carried out by British officials were discriminatory. The House of Lords overturned that ruling last week.

The Roma are a minority of Asian origin believed to have migrated to Europe since the 14th century. There are an estimated 12 million Roma in Europe, mostly in countries of the former Eastern bloc. Many Roma in European countries claim they are victims of systematic racial persecution.

Pre-flight screening of Czechs travelling to Britain was introduced at Prague airport in July 2001, and continued periodically for two years. The checks were aimed at stopping people believed to be travelling to Britain to claim political asylum.

The majority of passengers stopped were Roma. In one highly-publicised incident two reporters from a local television station, one white and one Roma, were both questioned by the British immigration officers. The Roma reporter was turned back and the white reporter allowed to travel.

The ERRC initiated legal action against British immigration, claiming that the checks violated international conventions on rights.

The Court of Appeal in London ruled that the checks were “justifiable indirect discrimination” but the law lords ruled that they were “inherently and systemically discriminatory and unlawful.”

Roma rights organisations say the ruling is of massive significance for Roma and other groups facing discrimination across Europe.

“This is one of the most important rulings ever on this issue,” ERRC legal director Branimir Plese told IPS. “This is a decision made in the highest court in a major western country, and other countries and their courts, as well as the European Court which sets binding legislation for other countries in Europe, will take notice of it.”

The ruling shows that it is not just non-governmental organisations making claims about racism against Roma, Plese said. “It also breaks down stereotypes and prejudices, such as, for instance, that Roma are abusers of asylum systems.”

Roma groups in the Czech Republic say the ruling vindicated their criticism of the checks.

“This system was racist and discriminatory and was against the Roma. It was not the same for everyone. This is a good decision which is extremely important for us,” Milan Scuka, chairman of the Czech Romany Parliament, an umbrella organisation of more than 100 Roma groups in the Czech Republic told IPS.

“We said when it was implemented that it was a racist scheme and was designed to target Roma. But the ruling is good because it shows that there can be justice if enough pressure is put on a government,” Ivan Vesely of the Czech Roma group, the Dzezo Association told IPS.

But Czech ombudsman Otakar Motejl said the ruling had come too late. “It should have come much sooner. It is a decision about something which is no longer current – the Czech Republic’s entry to the EU has solved the problem of free movement of (Czech) people. But I welcome the decision.”

The decision has a lesson for Britain too, he said, because it “bears some shame that a multicultural country with low levels of racial intolerance has been shown that it behaved in a racist and intolerant way towards Czech Roma.”

The Home Office in Britain said the checks had not been intended to discriminate against anyone, and had been designed as a warning to people seeking to abuse the asylum system.

“The scheme was operated two years ago as a short-term response to the high levels of passengers travelling from Prague who are subsequently found to be ineligible for entry to the UK,” a Home Office spokesman told British media after the ruling.

“It was always intended that the pre-clearance arrangements would be operated in a non-discriminatory manner and in fact it was a pre-condition of our agreement with the Czech authorities.”