Update on displaced Kosovo Roma around Europe

15 August 2001

In Germany, the Federal Ministry of the Interior announced on May 10, 2001, that de facto refugees from Kosovo and the Federal Republic of Yugoslavia, including those in possession of only a "tolerated" status -effectively a stop on expulsion - can stay in Germany legally for two years if they fulfil certain criteria. The conditions include inter alia that the families of applicants have lived in Germany for at least six years, that they have been employed for at least the last two years and have not received social aid, that they have suitable housing, and that their children attend school. For successful candidates, the decision applies to spouses and dependants as well. The new permit category is known as "permanent stay", but successful applicants will only be able to obtain permission to stay for two years. Following this, permission will be extended, provided that the applicants continue to fulfil the above conditions.

A serious obstacle, however stands in the way of many Roma and other persons who might wish to apply for "permanent stay"; it is, and has been, illegal in a number of German lands for de facto refugees to be gainfully employed. This fact raises serious concerns with regards to the ability of Romani refugees to fulfil the May 10 criteria. A spokesperson for the Ministry of Labour and Social Affairs informed the ERRC on June 14, 2001, that, nevertheless, in the southern German lands it will be possible for some to obtain a stay permit under the terms of the new regulation. Roma rights activists have noted that earlier magnanimous decisions concerning ex-Yugoslav refugees by the Federal Ministry of the Interior have in many cases not been implemented on the ground, due to bureaucratic obstacles.

Additionally, also on May 10, 2001, the Federal Ministry of the Interior decided to extend for a further six months the right of stay of persons from Kosovo. The Ministry's decision came as a disappointment to a coalition of thirty-seven organisations and institutions that had earlier submitted a petition asking for a one-year extension for such persons. It is estimated that there are currently close to 130,000 Kosovo refugees in Germany, the majority being ethnic Albanians, but including a large number of Roma.

The Council of Europe has recently appealed against the deportation of refugees from Kosovo who have found refuge within the borders of Council of Europe member states. On April 25, 2001, according to the news agency Agence France-Presse, the Council's Parliamentary Assembly recommended "to refrain from any forced return of refugees to Kosovo as well as from any deportation of persons belonging to vulnerable groups." Similarly, in their March 2001 "UNHCR Position on the Continued Protection Needs of Individuals from Kosovo," the United Nations High Commissioner for Refugees noted that, with regard to the return of the Kosovo's minority groups, "[t]he predominant factor that should be borne in mind […] is the danger to their physical security in Kosovo. In addition, minorities also experience other significant limitations to their freedom of movement, access to public education, health and social services, reconstruction of residential property, property restitution, and employment and other income generating opportunities as well as severe restrictions in the use of their language." The UNHCR also emphasised that, "[t]he security situation remains especially precarious" for Roma and other persons perceived as "Gypsies. They by and large would qualify for refugee status," the UNHCR emphasised.
 

(Agence France-Presse, ERRC, German Ministry of Labour and Social Affairs, Society for Threatened Peoples, UNHCR)