The illegal evictions of Roma families continues unabated and completely ignored by the powers that be. Not one minister has responded to the latest round of evictions in Patras and in Hania, Crete.

Today, the Centre on Housing Rights and Evictions (COHRE) sent an open letter to Prime Minister Karamanlis condemning the Patras “cleaning operations” and expressing concern over the impending evictions in Votanikos (The settlement which is the subject of the Roma series)

The COHRE is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices throughout the world. In the letter, the organisation reminds Greece of its obligations under international human rights law and the European Social Charter.

The forced evictions carried out in Patras and Hania, Crete, Greece is in violation of its legal obligations under international human rights law for a number of reasons, including:

1) the evictions have not been deemed to meet the “exceptional circumstances” threshold by an independent and impartial tribunal

2) all feasible alternatives to the planned evictions have not been considered

3) sufficient notice was not given to affected persons

4) the affected community has not be consulted throughout the process

5) adequate resettlement sites have not been provided.

The COHRE has raised these issues with the Greek government many times in the past, as has the Greek Helsinki Monitor, but has had little or no response.

The government considers the Roma to be a problem to be “cleaned up” rather than treating them as fellow human beings. The complete disregard for the rights of these families is appalling and it would seem this is set to continue. With the local elections coming up, the politicians seem to be falling over themselves to talk about the visible and popular issues. It’s a case of sweeping the “problem Roma” under the carpet and hoping no-one notices. Or better still, bulldozing their homes and burying their pocessions while they are away and hoping that they will just move on and become someone elses problem.

What will be done to stop these violations of human rights?
Nothing.

Because a brand new football stadium, or some other total waste of money, is much more important isn’t it ?

For full open letter to Prime Minister Karamanlis

22 September 2006

Mr. Kostas Karamanlis
Prime Minister of Greece
Megaro Maximou
19, Herodou Attikou str
GR-106 74 Athens
Greece
Fax: +30 210 323 8129

Dear Mr. Prime Minister,

Re: Forced Evictions of Roma in Greece

The Centre on Housing Rights and Evictions (COHRE) is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the Economic and Social Council United Nations and has participatory status with the Council of Europe. COHRE works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.

Recently, COHRE has received disturbing reports of the continued evictions of Roma in Greece. On 27 July 2006, the Patras municipal authorities demolished 13 Roma homes in the Makrigianni district of Patras, while the occupants were away on seasonal work. On 2 and 3 August, they also served notice of urgent police measures to evict approximately 45 Roma families residing in the Makrigianni district of Patras. However, beginning on 24 August 2006, before a pending ruling could be issued regarding authorisation of these measures, the municipal authorities began to demolish the remaining Roma homes in Makrigianni and Riganokampos districts, claiming these were “cleaning operations of abandoned sheds”. The Municipality also claimed that some Roma families (varying from 5 to 17 in different statements) have been relocated to rented homes, when in fact, according to our information, a few families were each given compensation of a few hundred euros and, in some cases, an oral promise of a rent subsidy if they agreed to move out.

COHRE also received reports that on 18 July 2006 in the Kladiso area of Hania, Crete, an inter-municipal “ecological” company, with police assistance, demolished 10 Roma homes without a court order, while the occupants were away.

Furthermore, COHRE remains concerned about the threatened eviction of over 200 Roma households in the Votanikos district of Athens. The Roma homes are situated on land that has been designated for the construction of a football stadium. However, the Municipality of Athens has not discussed relocation with the residents and has not presented a court order. Nine organisations, including COHRE, sent a letter on 1 August 2005 to then Mayor of Athens and Foreign Minister, Dora Bakoyannis. To date we have not received a response.

As a State Party to the International Covenant on Economic, Social and Cultural Rights, and as a member of the European Union, Greece is, at all levels, legally obligated to respect, protect and fulfil the right to adequate housing, including the prohibition on forced evictions, as guaranteed under Article 11(1). Greece is furthermore obligated to not interfere with persons who enjoy some level of housing, as well as to protect everyone within its jurisdiction from forced evictions undertaken by third parties, including State and Municipal authorities.

According to General Comment No. 7 of the Committee on Economic, Social and Cultural Rights, which is mandated to monitor compliance with the Covenant, forced eviction shall not result in rendering individuals homeless or vulnerable to other human rights violations. Indeed, Greece is obligated to ensure that adequate alternative housing and compensation for all losses is made available to affected persons. General Comment No. 7 also specifies that States must ensure, prior to any eviction, that all feasible alternatives are explored in consultation with affected persons, with a view to avoiding, or at least minimizing, the need to use force. According to General Comment No. 7, adequate and reasonable notice should also be given to all affected persons prior to the scheduled date of eviction.

Article 16 of the European Social Charter obliges the State to promote the economic, legal and social protection of family life by such means as provision of family housing. However, the European Committee of Social Rights found, in a landmark decision on a collective complaint (ERRC v. Greece) published in June 2005, that the Greek policies with respect to housing and accommodation of Roma infringe Article 16 of the European Social Charter due to:
· The insufficient number of dwellings of an acceptable quality to meet the needs of settled Roma;
· The insufficient number of stopping places for Roma who choose to follow an itinerant lifestyle or who are forced to do so;
· The systemic eviction of Roma from sites or dwellings unlawfully occupied by them.

In July 2006, in a follow-up to the collective complaint, the Committee concluded that the situation in Greece continues to infringe Article 16 of the Charter for the following reasons:
· There is still a shortage of housing suited to the size and the needs of Roma families;
· Roma families still do not have sufficient legal protection.

In the coming months, the Governmental Committee is scheduled to review the situation in order to propose that the Committee of Ministers take a recommendation against Greece, if it also finds that the situation is in violation of the Charter.

Furthermore, Thomas Hammarberg, the Commissioner for Human Rights of the Council of Europe, released a report in March 2006 noting the continued violations of the human rights of Roma people in Greece, and he urged the Government of Greece “to take all adequate action to ensure that the basic human rights of Roma citizens are now rapidly respected in places like Aspropyrgos, Amaroussia, Patras or elsewhere.”

COHRE reminds Greece that in terms of international human rights law, for forced evictions to be considered as lawful, they may only occur in very “exceptional circumstances” and “all feasible alternatives” must be explored. If and only if such “exceptional circumstances” exist and there are no feasible alternatives, can evictions be deemed justified. However, certain requirements must still be adhered to. These are:

1. First, States must ensure, prior to any planned forced evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with affected persons, with a view to avoiding, or at least minimizing, the need to use force.

2. Second, forced evictions should not result in rendering individuals homeless or vulnerable to the violation of other human rights. Governments must therefore, ensure that adequate alternative housing is available . . . to affected persons.

3. Finally, in those rare cases where eviction is considered justified, it must be carried out in strict compliance with international human rights law and in accordance with general principles of reasonableness and proportionality. These include, inter alia:
· Genuine consultation with those affected;
· Adequate and reasonable notice for all affected persons prior to the scheduled date of eviction;
· Information on the proposed evictions, and where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected;
· Especially where groups of people are involved, government officials or their representatives to be present during an eviction;
· All persons carrying out the eviction to be property identified;
· Evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise;
· Provision of legal remedies; and
· Provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.

Based on the above information regarding the forced evictions carried out in Patras and Hania, Crete, Greece is in violation of its legal obligations under international human rights law for a number of reasons, including:

1) the evictions have not been deemed to meet the “exceptional circumstances” threshold by an independent and impartial tribunal;
2) all feasible alternatives to the planned evictions have not been considered;
3) sufficient notice was not given to affected persons;
4) the affected community has not be consulted throughout the process; and
5) adequate resettlement sites have not been provided.

In addition, COHRE remains deeply concerned that a particular ethnic minority - the Roma - are being frequently and systematically targeted for forced eviction, and that insufficient steps have been made to ensure they have equal access to accommodation.

COHRE urgently requests Greece to abide in full with its respective legal obligations, in particular, to:

1) immediately cease all forced evictions;
2) only allow evictions in the most exceptional circumstances, as required by international human rights law;
3) explore all feasible alternatives to further planned evictions, through a process of genuine consultation with affected people, as required by international human rights law; and
4) provide adequate alternative accommodation and compensation to all evicted families, in genuine consultation with affected families, in those exceptional cases where evictions are absolutely necessary.

Therefore, COHRE urges Greece to immediately ensure that all affected families may return to the site from which they were evicted or that an adequate, alternative site for resettlement is provided in genuine consultation with the community and within an acceptable distance to their sources of employment and education. COHRE also urges Greece to ensure that restitution is provided for all property that was destroyed during the demolition and to ensure that those responsible for illegal evictions are held accountable for their actions. Finally, COHRE urges Greece to abide by its obligations under international human rights law regarding the threatened eviction of Roma in the Votanikos district of Athens.

COHRE has raised the problem of forced evictions with Greece on a number of occasions in the past, including letters sent on 8 February 2005, 21 June 2005, 1 August 2005, and 6 February 2006. To date, we have received very little by way of positive response from your Government and we therefore request immediate and urgent action from your office, in order to bring justice and fairness to the affected families.

We would appreciate, in light of the above, that the current matter be regarded as urgent and of high priority. We look forward to your response and an ongoing dialogue with your Government on the rights of its people to adequate housing. We respectfully request to be apprised of any and all actions undertaken by your office in this regard.

Sincerely,

Jean du Plessis
Executive Director (a.i.)
Centre on Housing Rights and Evictions
83 Rue de Montbrillant
1202 Geneva
Switzerland
jean@cohre.org

CC:
Professor Prokopis Pavlopoulos, Minister of Interior, Public Administration and Decentralization,
Fax: +30 2103641048

Mr. Anastasios Papaligouras, Minister of Justice, Athens, Greece,
Fax: +30 2107755835

Mr. Byron Polydoras, Minister of Public Order, Athens, Greece,
Fax: +30 210 6917944

Mr. George Kaminis, Greek Ombudsman,
Fax: +30 210 7292129

Mr. Tassos Kriekoukis, Ambassador, Permanent Mission of Greece, 1, Place Saint-Gervais, 1201 Geneva, Switzerland,
E-mail: mission.greece@ties.itu.int, Fax : +41 22 7322150

Mr. Miloon Kothari, UN Special Rapporteur on Adequate Housing,
E-mail: PMartins@ohchr.org, Fax: +41 22 9179010

Mr. Alexandre Tikhonov, Secretary to the Committee on Economic, Social and Cultural Rights,
E-mail: atikhonov@ohchr.org, Fax: +41 22 9179046

Ms. Nathalie Prouvez, Secretary to the Committee on the Elimination of Racial Discrimination,
E-mail: nprouvez@ohchr.org, Fax: + 41 22 9179022

Mr. Regis Brillat, Executive Secretary of the European Social Charter,
E-mail: Regis.BRILLAT@coe.int, Fax: +33 3 88412745

Ms. Fiona Kinsman, European Commission, Social Affairs and Equal Opportunities Anti-Discrimination and Relations with Civil Society Unit,
E-mail: Fiona.Kinsman@cec.eu.int

Ms. Isil Gachet, Secretary to the European Commission against Racism and Intolerance,
E-mail: combat.racism@coe.int, Fax: +33 3 88413987