Centre for Protection of Minorities' Rights
Information on the Status and
Problems
of the Romanies in Bosnia and Herzegovina
I
The general status of human rights and fundamental freedoms of the citizens of Bosnia and Herzegovina should be viewed in the light of the fact that this state is still far from having an established legal system and a set-up of state authorities necessary for a democratic society and rule of law. Since the overall constitutional and legal system of the state is basically characterised by one-sided domination of ethnic factors, and since proponents of its destruction are still to a great degree active on the political scene, the level of enforcement and protection of human rights and fundamental freedoms of the citizens of Bosnia and Herzegovina is consequentially far below the necessary, at times even below the tolerable limit.
The ruling national political parties, which see themselves as representatives of the interests of “their own” people (Bosniak, Serb or Croat) have narrowed down the scope of their concerns in regard to the organs of the state authorities only to “their own people” so that the members of ethnic minorities have been de facto left on the margin of social interests. This primarily and particularly refers to the largest ethnic minority in Bosnia and Herzegovina – the Romanies, who on the other side also were drastically affected by the recent war. Hit by poverty, unemployment, lack of education, most frequently in need of elementary living conditions, not aware of their rights, and minimally interconnected and organised among themselves, the Romanies are even in the peace time the ethnic group in Bosnia and Herzegovina which is most frequently exposed to discrimination.
II
1. The data on the number of the Romanies in Bosnia and Herzegovina are very contradictory. They vary from about ten thousand (according to the census from 1991) to about hundred thousand (as some of the representatives of Romanies’ associations claim). There is a number of indications which lead us to conclude that at the time of the 1991 census the number of the Romanies was much higher than given in the official figures.1 This can be explained by a whole set of circumstances, among which (along with their specific way of life, and, almost certainly, their lack of interest for the census itself) there is a very distinct characteristic of the Romany population to adapt to the actual situation of the environment they live in, including the acceptance of the customs, religion and language of that environment, even of ethnic identity. It is there, as well as in the particularly difficult war circumstances, that we are to look for the reasons why many Romanies during the last war and up to date declared themselves as members of Bosniak people, in some cases even of Serb people (without mentioning their Romany origin).2
The number of about seventy thousand could be taken as the most close figure for the Romanies living in Bosnia and Herzegovina on the eve of the war. But we should note here that a significant percentage of this population is now abroad as refugees.
These facts are the driving motive for the Romanies to ask that a separate census for them be taken in Bosnia and Herzegovina as soon as possible. For that purpose they addressed several times the highest state and political authorities in BH, but have not received support in that. They believe that this is the result of the position of the Party of Democratic Action primarily, which is afraid that it could lose a large number of its voters at the elections in consequence. Therefore, several non-governmental organisations of the Romanies are planning to conduct the census of the Romany population in BH, and are in search of donations for that purpose.
2. There are no coherent data about the plight of the Romanies in the recent war. A number of their members took part as combatants within the one of the three armies that were fighting each other in the war. There are many cases of Romany combatants who were killed or wounded, but the Romanies believe that the families of the killed soldiers and disabled veterans who came from this people are discriminated against when trying to realise their rights on that basis. Indeed, the plight of the Romanies in the war is particularly pronounced in terms of the number of refugees and displaced persons coming from the ranks of this people. It is estimated that more than half of the Romany population (some believe even 2/3) were expelled during the war to other parts of BH or have escaped abroad. Until that moment the majority of them were living in the territory of Republika Srpska.
3. The primary issue in respect of the present state of human rights and fundamental freedoms in Bosnia and Herzegovina is the return of refugees and displaced persons from this population to the places of their pre-war residence and return of their houses and real property. Their desire, even obstinacy, to return is visible, despite the fact they are faced with extremely great difficulties, blackmail, frequent harassment, humiliation, etc.
The return of the Romanies to Republika Srpska has not advanced far from the very beginning. Truly speaking, there are some indicators showing that, as of recent, there are some improvements in behaviour of the governmental authorities, however the process is very slow, accompanied with a continuous obstruction and pronounced lack of most essential financial resources. A great number of the Romanies from this entity has already returned to Bosnia and Herzegovina but only few of them moved back to their houses. Displaced persons of Serb ethnic origin, and in few cases even the state bodies of Republika Srpska3, are as a rule accommodated in their houses. Also, while the Romany returnees live as sub-tenants (paying high rental fees) in rented garages, sheds and improvised plastic tents, not only that other persons are inhabiting their houses, but in several cases even cattle, corn, wood, etc. is kept in their dwellings and yet the present occupants do not allow them to move back in. Some of their houses are even kept empty.
In all this, there were several cases of blackmail, i.e. the present occupant of a house of a Romany demanded from the Romany owner of the house to pay certain sum as compensation for moving back into his own house (or even only a part of the house). In some cases, the persons giving such compensation were even cheated at the end, because on the same day when the former occupant moved out of the house another person would move, obviously in agreement with the previous occupant.4
In the territory of the BH Federation as well, a great number of the Romanies had the status of refugees or displaced persons. Their return to the territory under the control of the Bosniak political parties was not prevented, but the returnees faced various difficulties, even discriminatory acts. There were many cases of ill-treatment and threats because of their leaving Bosnia and Herzegovina during the war (“instead of defending their homeland”). This was particularly expressed in the territory of the municipality of Zavidovici, Travnik and Banovici in which (under this pretext) there were instances where grenades were thrown on the Romany houses. However, the general estimate for this area too is that the Romanies are not on equal footing with the members of the majority population in regard to the creation of conditions for return, as they are many times left out when the resources for repair of houses, waterworks, electric energy, roads, etc are being allocated.
During the war, the Romany population mainly left the territory of the BH Federation where HDZ is now dominant. Their return to these territories is still at the very beginning.5 Here, we should mention basically an isolated case of the municipality of Vitez, in the territory of which a great number of the Romanies stayed throughout the war, and in which the municipal authorities are maintaining contact with them and expressing an interest in resolving their problems.
4. In the situation of generally very high (and alarming) unemployment rate in Bosnia and Herzegovina, the Romanies are simply an ethnic group without employment in this country. Concretely speaking, even among only the symbolic total number of employed Romanies, the situation is such that, as a rule, that one or two Romanies are employed per one municipality, mainly on the jobs of city cleaning service.6 As an exception to this, we should mention the territory of the Tuzla Canton and the municipality of Visoko where the situation is not as disastrous as in other areas. Still it is far from satisfactory, and they do not have the equal treatment with the majority of population in these places.
The consequence of this severe unemployment situation is that the majority of the Romanies engage in the re-sale of goods or in begging. They are therefore particularly embittered with the market inspectors who confiscate the market articles and they all claim, without exception, that they are being discriminated against in comparison to members of other peoples.
All the above indicates that the social-economic situation of the Romanies in Bosnia and Herzegovina is particularly alarming, and it is realistic to anticipate that it might even further deteriorate. This latter possibility is due to the fact that the process of privatisation will as a consequence have a great number of redundancies and to the fact that great number of Romanies who have returned from abroad are still thriving on their savings. In addition, the Romanies deem that the process of privatisation itself is discriminatory against them, since they also had participated in generation of this material wealth to be privatised, and yet they will be completely excluded from the process, being poor and unemployed.
5. The extremely high illiteracy of the Romanies in Bosnia and Herzegovina is now accompanied with alarming low percentage of Romany children who attend schools. It is unacceptable to justify this by claiming that it is primarily such decision of their parents that is the cause of this. It is true, that this happens as well, but the much deeper cause of this is their precarious economic situation, in which they are not in position to provide the most elementary conditions for children to attend the schools (clothes, books, personal hygiene, etc.) Apart from that, the Romany children attending the schools are frequently exposed to insults and other kinds of harassment, amounting even to physical assaults, which in many cases resulted in parents forbidding the children to attend the school any longer7. But there are also rare positive examples of Romany children attending the schools in larger numbers (Visoko8, Zavidovici, some suburban areas of Brcko, some places in the area of Tuzla Canton9).
What is to be particularly emphasised here is the fact that the Romany language becomes almost totally extinct in Bosnia and Herzegovina. It is obvious that the Romanies themselves do not show an interest in its preservation for number of years already. There are surely many reasons that have led to this, of which the ethnic and religious confrontation, which was quite cruel in these territories in the last decade, is a dominant one. Under such circumstances, the Islamic religion of the Romany population in Bosnia and Herzegovina not only had an influence on Romanies neglecting and forgetting the Romany language, culture and tradition, but also had as a consequence that a significant percentage of the Romanies declared themselves as Bosniaks. However, it is true that lately the Romanies of Bosnia and Herzegovina have a rising sense their own ethnic affiliation. There are several examples of this ethnic group trying to preserve their culture, tradition, folklore, and similar (Tuzla, Sarajevo, Bijeljina, Vitez, Visoko, etc.) by forming folklore clubs, expressing desire to organise Romany language courses, etc.10. Several Romany associations have shown an interest to prepare a dictionary of the Romany language, and to that aim they are establishing the links with the Romany NGOs in Croatia and Federal Republic of Yugoslavia.
6. The attitude of the state authorities toward Romanies in Bosnia and Herzegovina is highly unsatisfactory and it is manifested both in inadequate attention to their rights and interests, and in the frequent violation of their rights on the part of the state organs themselves.
There were several cases where the municipal authorities but too readily, without previously preparing the ground (if not intentionally so) passed the decisions to move a great number of Romany households from particular urban locations where they had been traditionally living (Sarajevo, Zavidovici, Kakanj). In some of such cases there was no any real justification for doing that, and the decisions were not passed in accordance with the previously defined urban development plans, and, as a rule, without previously informing and consulting with the Romanies to whom this concerned. The new locations assigned are, as a rule, less favourable for their living.
In a situation where corruption runs high in Bosnia and Herzegovina, many data indicate that the Romanies, especially those coming back from abroad, are frequently the victims of it. They frequently complain that the municipal bureaucrats ask for bribes in order to make decisions on their applications and claims. This relates not only to cases of repossession of their houses and their property, or to reconstruction and repair of their damaged houses, but also to obtaining any kind of document from the state organs. It should be noted here that a great number of Romanies was left without their personal documents during the war. The possession of such documents is a precondition for realising many rights and entitlements. The municipal officers are aware of this fact and thus deliberately procrastinate with issuing the documents, asking for bribes. This phenomenon is evident in the territory of Republika Srpska, but also, according to our information, in the area of Central Bosnia and Zenica-Doboj Canton. It is interesting to mention here that the Romanies are unwilling to speak about this, because they are afraid of various methods of retaliation.
An evident example of the negligence of the state authorities in regard to the rights of the Romany population is the fact that only a small number of the Romanies makes part of the police forces in several municipalities. In view of the express provision of the Constitution of the BH Federation stating that the composition of the police forces in each municipality should be such as to correspond to the ethnic composition of the population in its territory, there are several municipalities where the police forces should have several Romanies within the police (Zavidovici, Kakanj, Visoko), and yet there is not a single one11. It is only as of recent that the Romanies are being taken under consideration when deliberating on the admission to the police academies.
7. During the previous elections in Bosnia and Herzegovina the Romanies have noticed that the national political parties are trying to win their votes by manipulating with their religious feelings, giving various promises (which never come true), making a symbolic show of attention toward them in the electoral time (which, as a rule, immediately disappears after the election) and in many other ways. It was precisely this that contributed that many Romanies gave their votes to the candidates of other political parties (most frequently to SDP) during the elections for municipal organs. Because of this they were threatened, intimidated and in other ways harassed, even physically beaten, in some communities12.
We should add that the Romanies are increasingly mentioning the need to form their own political party, believing that this is the only way for them to participate in the organs of the state.
8. One of the primary routes to be taken in improving the situation of the Romany population in Bosnia and Herzegovina is to have Romanies themselves get better organised. There is an increasing awareness of this with the Romanies themselves. In spite of all the very modest results obtained up to now, in those communities where the associations of the Romanies did exist, the overall social treatment of the members of this people was more favourable. Only after these associations started springing up, the present state authorities began to notice the demands of the Romanies. There are about 40 of these associations now in Bosnia and Herzegovina, the majority of them in the BH Federation.
III
The overall highly difficult situation of the Romanies in Bosnia and Herzegovina can be seen as:
The elementary preconditions which all the three aspects share in common is to enable the Romanies to come back to their homes and to have their real property returned to them. Also it is particularly important that they themselves get better organised and thus to strengthen and facilitate the communication among themselves. In that way they will be able to start speaking of their problems in a more efficient way, it will be easier to provide help for them and better conditions will be created to establish the contacts with the authorities (something that up to now has been far below the satisfactory level).
The present difficult situation of the Romanies should also be seen in connection with their treatment within the legal system of Bosnia and Herzegovina. This treatment has up to now been contradictory and basically inappropriate. In spite of the impressive list of the most significant international documents on human rights which make the integral part of the Constitution of Bosnia and Herzegovina, attention should be drawn to the fact that in the normative part of all thirteen BH Constitutions, the minorities are being mentioned only in principle and in broad general terms. The situation with the legislation of Bosnia and Herzegovina in this regard is particularly dissatisfying. The minorities are mentioned only in few of the laws, in some of them in a manner that raises doubts as to whether they are in harmony with the Constitution. Therefore the ongoing constitutional amendments, aimed at treating the constitutive peoples in a more appropriate way, should also result in a more comprehensive constitutional treatment of national minorities, which would also offer more guarantees to them, all the more so since this is an obligation contained within the accepted international documents.
Sarajevo, July 2000
FOOTNOTES
1 Only in the territory of three municipalities – Bijeljina, Visoko, Kakanj, the number of the Romanies is higher than the total number of the Romanies who declared themselves as such in Bosnia and Herzegovina during the 1991 census. BACK
2 The Centre possesses information that the Romanies, now living in the area of Gorazde and Livno, are refusing to identify themselves as members of the Romanies. Such behaviour can be found in other areas of both entities as well. BACK
3 Because of grossly unlawful nature of these cases, the Centre addressed in writing the Prime Minister, Minister of Internal Affairs and Ministry for Refugees and Displaced Persons of Republika Srpska. Some of the state bodies have recently moved out of these houses. BACK
4 Since even some lawyers took part in such deals (thus violating the professional code), the Centre informed of such cases the Government of RS, Ministry of Internal Affairs of RS and the Bar Association of RS, demanding from them to undertake appropriate measures against such persons. The Prosecutor with the Bar of RS informed the Centre that there were no grounds for establishment of such responsibility. BACK
5 Examples for this are Zepce, Jajce, Livno, municipalities in the western part of Mostar. BACK
6 There are 1,000 Romanies living in Zavidovici of whom only two are employed. Not a single one out of a great number of the Romany returnees, who had been employed before the war, was returned to his job. BACK
7 Such instances were reported in the towns of Jablanica, Travnik, Bijeljina, Turbe, Kakanj. BACK
8 In this municipality there is a big and renowned elementary school the headmaster of which is a Romany. The latter fact certainly contributed largely to having a large percentage of Romany children attending the school. BACK
9 For Tuzla Canton it is also characteristic that the young Romanies express their desire to obtain the university degrees. Yet the material status keeps the number of Romanies studying at university far below the number of those graduated high-school students who would like to continue their education. BACK
10 An illustration of this is the exhibition of photographs about the life of Romany refugees from Bosnia and Herzegovina in Berlin, organised early last year in the most representative exhibition hall in Sarajevo. The great number of Romanies, not only from Sarajevo, but from other places from both entities of Bosnia and Herzegovina as well, visited this exhibition. BACK
11 The Centre has addressed in writing the Minister of Interior of the BH Federation and the Minister of Interior of Zenica-Doboj Canton several times on this issue. Not only that the situation did not change after this, but they did not even respond to this notices. The Centre addressed in writing the Commander of IPTF to the same purpose, since IPTF is also accountable for gross violation of express constitutional provisions. Neither they responded to such warnings. BACK
12 The Romanies voted mainly for SDP in Banovici during the last municipal elections. Because of this they were physically attacked and some of them suffered severe bodily injuries, being knifed. All the evidence collected in this case by the Centre for Protection of Minorities’ Rights and the Helsinki Committee for Human Right in BH indicate that the municipal authorities in this municipality (the Mayor, the Police, the Court, the Prosecutor’s office) partially sided with the attackers who committed the attacks led by political motives. BACK