Roma in the Czech Republic: An Excluded Minority

Laura Cashman (Central and East European Studies: University of Glasgow)

INTRODUCTION

1	In May 2004 the Czech Republic became a member of the European Union (EU) and another boundary, which had separated the country from Western Europe since the middle of the twentieth century, was finally removed. Czechs never stopped considering themselves European, despite the invisible lines drawn on political maps. They regard the cold war as a blip in the nation's long history at the heart of Europe. However, Czech society is not homogenous and with EU accession another group of people, with an equally long history in Europe, have also been accepted as members of the EU family. These people are the Roma.[1]
2	The Roma are a small but significant minority in the Czech Republic. Estimates vary widely, but it is generally accepted that they number between 250,000 and 300,000, i.e. less than 3 percent of the population.[2] Roma have lived in the region since the sixteenth century, but relations with the majority Czech population have always been strained. Today the majority of Roma suffer greatly from poverty and deprivation. Racism and racially motivated attacks have increased at an alarming rate since the transition to democracy and free-market capitalism, and both the government and society in general have failed to ensure the security of Romani citizens. A high number of Czech people feel that Roma are targeted because of their percieved laziness, their inability to find work and their over-reliance on state benefits. Some Roma feel so completely disenfranchised by society that they act in ways, which confirm the stereotypes. However, this does not justify claims that they are all 'criminal' or 'lazy.'
3	This paper looks at some of the ways that the Roma are excluded from mainstream society in the Czech Republic. It considers the theme of borders or boundaries to also include the barriers, which prevent Czech Roma from participating fully in Czech society today. After a brief outline of the history of the Roma in the region, it examines the problems facing Roma in the education system and the labour market. Poor relations with the majority society over the past five hundred years have led to a situation where Roma, who wish to improve their living conditions, find that they are faced with almost insurmountable barriers, which effectively keep them apart from the rest of society. Efforts of the government and the EU to break down these barriers will be briefly discussed in the conclusion.

HISTORICAL BACKGROUND

4	There are records of Roma living in the Czech Lands since the sixteenth century. At first they were welcomed for their trades and skills but in times of political difficulty they became useful scapegoats. In 1541 Roma were accused of aiding the Turks, by starting the fires, which had caused considerable damage in Prague.[3] Successive rulers and regimes attempted in vain to forcibly assimilate the Roma by outlawing nomadism and forbidding all expressions of their distinctive culture. The alternative tactic to deal with the Roma was to ignore them.[4] Tensions between the communities persisted and during the first Czechoslovak Republic (1918-1939) there were still occasional pogroms.[5] However, such examples of problematic relations pale in comparison with the horrors of the Nazi occupation of the Czech Lands (1939-1945). In 1940 6,500 Czech Roma were registered by the regime. By the end of the war only a couple of hundred remained. Most of those deported lost their lives in Auschwitz.[6] In Slovakia most of the Romani inhabitants survived. The puppet state established there by the Nazis constantly harassed them, but they were spared systematic annihilation.[7]
5	The state-socialist regime can be considered relatively generous to the Roma, especially when compared to the treatment they endured in the past. Following the extermination of almost all Roma living in the Czech Protectorate during World War II, and the subsequent deportation of the Sudeten Germans from the most industrialised parts of the Czech Lands, Slovak Roma were viewed as the ideal source of cheap labour to meet new industrial demands. Thousands of Roma moved westwards, away from their shanty town settlements, in the hope of finding work and improving their quality of life. Guy (2001) argues that these people were not nomads but rural-to-urban migrant workers who became the most proletarianised and urbanised of all European Roma.[8] By 1947 there were 16,752 Roma in the Czech Lands - more than double the number in 1940.[9] However, the state-socialist regime denied Roma national minority status. They were treated as a social problem, to be dealt with by a series of coercive measures including dispersal, forced sedentarisation and sterilisation.[10] By 1989 the state-socialist regime had succeeded in settling the Czech and Slovak Roma so that only a tiny minority lived as nomads but assimilation was not achieved. This was not only because of the distinctive colour of the Roma's skin but also because little had been done to dispel anti-Roma prejudices among the majority Czech population.
6	Today the government seeks to include and integrate Roma, rather than try to assimilate them. However, the problems are so entrenched that only a long-term commitment on the part of both the government and society can improve the situation. The following sections describe the difficulties facing Roma in the spheres of education and employment.

EDUCATION SYSTEM

7	It is widely acknowledged that the Czech education system has failed to provide the Romani community with equal education opportunities. It is estimated that between 75 and 85 percent of Romani children do not finish their education in the mainstream school system.[11] Most drop out or are transferred to the parallel special school system for children with learning disabilities. The main concern is that a disproportionate number of Romani children are placed directly in so-called 'remedial special schools' for children with special educational needs. However, the extent of the problem is difficult to calculate, as Czech law forbids the collection of any statistics based on race or ethnicity.[12] The European Roma Rights Centre (ERRC) claims that a Romani child is approximately fifteen times more likely to attend a remedial special school than a non-Romani child.[13] Over representation of Romani children in remedial special schools is being taken seriously by international organisations including the European Commission and the United Nations Human Rights Committee.[14]
8	Remedial special schools have lower expectations of what pupils can achieve and have adapted the curriculum accordingly. For example, pupils are not required to know the whole alphabet until the fourth year.[15] Before 2000, a pupil who completed their primary education in a remedial special school could not enter a mainstream secondary school, as their standard of education was insufficient. Instead, they were limited to attending either a technical training centre or a practical school. These belong to the special school system and provide rudimentary training in low-skilled professions.[16] Graduates of the special school system are stigmatised in Czech society. Their qualifications are of no value to employers and they can only expect to gain employment as low-paid, unskilled labour. This was less of a problem under the state socialist policy of full employment but today where there is high unemployment and fierce competition for all jobs, the Roma find themselves at a severe disadvantage. Given the structure of the Czech education system, it is clear that the decision to place a child in a remedial special school is a serious one, which will have major consequences for their lives and future employment opportunities.
9	The Czech government has defended the system of placing children in remedial special schools by claiming that all children undergo the same standard testing procedure and therefore it must be deemed fair. However, serious complaints have been raised about the nature of the allocation of children to remedial special schools. The ERRC claims that in many cases transfers happen without adherence to the correct procedures. It reports claims by parents that their child was not properly evaluated by the psychologist or in some cases not evaluated at all. According to the guidelines no child should be transferred without being thoroughly examined and that the assessment should take at least an hour, however, the ERRC reports many parents' claims that their children spent less than half an hour with the psychologist.[17] Save the Children also accuses some psychologists of having made up their minds about the outcome of the assessment before they ever see the child, deeming remedial special schools the 'natural home' of Romani children.[18]
10	The methods being used to assess children are also outdated. In the UK such an assessment is carried out over a long period of time (months perhaps, certainly not one hour) and is based on the opinions of psychologists, other medical experts, doctors, teachers and parents.[19] IQ testing, the basis for decision-making in the Czech Republic, has also been discontinued in the UK. There is widespread recognition of the limitations of IQ testing and the ways in which tests tend to favour white, middle-class males.[20]
11	Flawed assessment and placement procedures are not the only barrier to a successful education. Romani children are among the very poorest in the country and it is well known that poverty affects children's prospects of attending school and their ability to perform. Children from poor families are more likely not to attend or to drop out of school for reasons including financial costs, poor health and inadequate conditions at home, which impede learning and doing homework.[21] There is also a language barrier for children to overcome. Most children grow up speaking a Romani ethnolect of Czech, marked by literal translations into Czech of characteristic Romani constructions and judged to be 'wrong' in Czech schools.[22] Parents' low education standards are also a factor in their children's poor performance at school. They cannot help their children with homework, something which Czech teachers expect. Given their own bad experiences at school they may be reluctant to participate in school-related activities. It has also been suggested that there are cultural aspects to parents' lack of encouragement for their children's education. Many Roma feel protective of their children and are reluctant to send them out of their community because they fear assimilation and the influence gadje (non-Roma) will have on their children.[23] The fact that most parents consent to their children being placed in remedial special schools is very frustrating for Romani activists. Special schools can be attractive to Romani parents because of short-term economic advantages such as the free school meals, transportation and sometimes room and board provided. They are also often inadequately informed of the consequences of only receiving the remedial special school curriculum and may in fact think that their children are benefiting from the experience.[24]
12	The image of Roma as illiterate, lazy and disinterested in education is one that has become firmly entrenched in the minds of many non-Romani Czechs. It is widely believed that the Roma are not interested in education. A Czech university lecturer told me that the Roma wanted to go to special schools because they knew it was easier than mainstream school. She claimed that the children did not want to attend school and their parents simply did not care what they did, despite the fact that their teachers begged them to come. She admitted that there was racism and discrimination in Czech society but that was because "hard working people see them behaving as they do. Not working and instead drinking and watching television all day!"[25]
13	The Czech government denies that Romani children are placed in remedial special schools in such great numbers because of racism and instead focuses on socio-cultural factors such as poverty and language problems. However, it can be argued that for many children, the assessments of the experts who decide their fate, are coloured by their own attitudes towards the Roma. Gaine defines institutional racism as a network of (sometimes) unexamined assumptions, procedures and practices in society, which have the effect of disadvantaging minority communities and maintaining power for the majority community.[26] The problems, referred to as socio-economic and cultural issues by the government, are manifestations of institutional racism. The fact that the assessment procedure is 'standard', allowing for no differences in language or cultural background among children and that no allowances are made for the particularly difficult socio-economic circumstances Romani children are born into, mean that the Romani minority are, perhaps unconsciously, being discriminated against by the Czech majority. The definition of institutional racism in the 1999 Macpherson Report is also relevant. It states that institutional racism is in evidence when an organisations fails to provide appropriate service to people because of their 'colour, culture or ethnic origin.'[27] Given all the evidence, Czech education authorities are certainly guilty of this.

LABOUR MARKET

14	Unemployment is recognised as one of the principle causes of marginalisation of Roma in the Czech Republic. Unemployment in Czech Roma communities is, on average, between 70 and 90 percent. It is estimated that about a third of all those registered as unemployed in the Czech Republic are Roma, despite the fact that they account for only 3 percent of the population.[28] However, again this must be qualified by saying that there are no official statistics available. The principle barriers facing members of the Roma community when they seek employment are their poor standard of education, their lack of relevant skills and work experience, the racist stereotypes that most employers have about Roma from 'previous bad experiences' and the opportunity cost of losing their social welfare benefits when they begin working.
15	Roma have become dependent on social welfare and in the current labour market conditions, living on social welfare benefits is more attractive for some than finding a low-paid job. One practical reason for the reluctance to find work is the cost of transport to and from work. Since the beginning of the 1990s accessibility of public transport has been decreasing and commuting has become more expensive. Therefore the Ministry of Labour and Social Affairs (MLSA) acknowledges, "for certain citizens it is more profitable to receive unemployment benefits or social welfare benefits than to sacrifice a fairly high proportion of their wage for travel expenses".[29] In effect, the high cost of commuting is a barrier which cannot be overcome until wages become more attractive.
16	Racist employers who refuse to hire Roma represent another barrier to the labour market. Czech Roma complain that they often fail to find work because of the racist attitudes of employers. Even the Government Commissioner for Human Rights, Jan Ja?ab, recognises the problem.[30] Legislation forbidding discrimination in employment relations has been in place since 1999 [31] but it is very difficult to prove such accusations. Usually the Romani person is told that someone more suitable has already been found or that they do not have the right qualifications. It is very rare to get an admission that the grounds for refusal are simply based on racist prejudice. In January 2003 however, Mrs. Marcela Zupková from Hradec Králové, became the first Romani person to successfully prosecute a company for discriminating against applicants on the basis of their ethnicity. Her case was significant in a number of ways, not least because she had written evidence supporting her claim.
17	The Hradec Králové employment office (equivalent of a job centre in the UK) arranged an interview for Mrs. Zupková for a job in a canteen at the Hradec Králové University, run by a local catering firm, Akyma. Her application was unsuccessful and when asked to complete a form for the employment office stating the reasons why the candidate was not accepted, the manager, Mrs. Eva Panochová, simply wrote "Roma origin." Mrs. Zupková claimed that during the interview Mrs. Panochová told her that she had already had enough experience with Romani employees and would not hire them again. Before the case came to the attention of the national media, Mrs. Panochová allegedly told a reporter for the local newspaper Hradecke Noviny, that while she herself had nothing against the Roma she worried how customers would react if they saw Roma handing out the food.[32] The employment office supported Mrs. Zupková's case and on 7 October 2003 she settled the case with Akyma out of court. She received 200,000 Kc (approx. €6,000) in damages and the company also issued a brief apology. Mrs. Zupková says that she persisted with the case, not for financial gain but for all the other Czech Roma who have suffered similar discrimination. In a statement to the press she said: "Just because we have a different skin colour does not mean they can treat us in such a way."[33]
18	This case raises a number of questions about the nature of prosecuting discrimination cases in the Czech Republic. If it is accepted, even in government circles, that discrimination is a widespread problem for Roma seeking employment, then why did it take almost four years for the first case to be brought under the amended labour relations legislation? One serious problem at present appears to be the nature of the difficulties involved in producing sufficient evidence of the intention to discriminate. This will change when the EU Race Directive is ratified in early 2005[34] as this will shift the burden of proof away from the claimant to the defendant. It will be the employer's responsibility to prove that there was no deliberate discrimination involved in the decision not to offer the job to the applicant.[35] A further obstacle facing people who wish to pursue claims of unfair discrimination is the difficulty involved in getting advice and legal aid to bring the case to court. At the moment the local employment office is responsible for dealing with such questions in so far as they relate to employment relations and the ombudsman is responsible for cases of discrimination in the provision of services. However, under the Race Directive a new institution should be established to provide information, support and legal assistance to those who feel they have been the victims of discrimination in any sphere.
19	This case also demonstrates the need to raise awareness among employers that such discrimination is unacceptable in the eyes of the law. Given Mrs. Panochová's comments both to Mrs. Zupková during the job interview and later to the local press, she was clearly unaware or unconcerned about the racist nature of her attitude. International organisations have repeatedly requested that the Czech government do more to raise awareness about racism among state employees, and in particular among the police and the judiciary.[36] However, similar programmes are also needed to address prejudices in the business community.
20	This paper has outlined some of the barriers which Roma have to overcome in order to participate fully in Czech society. Czech governments have been more active in recent years in trying to develop solutions to these problems, however there is no space here to provide analysis of these initiatives. The EU has had a particularly strong influence on Czech policy as the Commission used the negotiations for Czech membership to the EU as a means to draw attention to Roma issues. It has provided financial support and exerted political pressure to ensure the introduction of Roma policies. However, this pressure for reform has been criticised for two important reasons. Firstly, the EU stands accused of double standards in its insistence that the prospective member states implement human rights policies, while current members were under no such pressure.[37] Secondly, and perhaps more importantly, while the introduction of reforms at the behest of the EU may lead to some improvements in the quality of life of the Romani minority, there is a fear that because these reforms were not prompted by Czech society itself, they have little hope of real success. If politicians do not see any political benefits from pushing this reform agenda, especially now that EU membership is finalised, then there is little hope that they will do so. For the reforms to go further, pressure will have to come from Czech society, and in particular from Czech voters.

CONCLUSION

21

Czech society has to recognise that the negative image of the Roma as lazy, ignorant, petty criminals will not change until Roma can complete their education in mainstream schools and have an equal chance to gain employment based on their qualifications and experience. These problems are the result of centuries of discrimination, marginalisation and poor relations between both communities. No one expects them to be resolved easily or quickly and it is certain that reforms can only succeed if there is general consensus in society that they are worth the effort. The current reforms being undertaken by the government are necessary and positive. It is important, now that EU membership has been achieved, that momentum is not lost and that these reforms are implemented with enthusiasm and goodwill on both sides. The history of the past five hundred years is evidence enough that progress will not be made by any other means.

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[1] Roma are often referred to as Gypsies, however many Roma feel that this term has developed pejorative connotations and thus prefer to be called Roma. The author respects this wish.

[2] LIEGEOIS, J-P and GHEORGHE, N (1995). Roma/Gypsies: A European Minority (London: Minority Rights Group). p.7.

[3] GUY, W (1975). Ways of Looking at Roms: The Case of Czechoslovakia in Gypsies, Tinkers and Other Travellers edited by F. Rehfisch (London: Academic Press). p.206.

[4] LIEGEOIS, J-P (1994). Roma, gypsies, travellers (Strasbourg: Council of Europe). p.138

[5] Guy, 1975 p.212.

[6] BANCROFT, A (1999) "Gypsies to the Camps!": Exclusion and Marginalisation of the Roma in the Czech Republic Sociological Research Online 4(3).

[7] Bancroft, A. 1999.

[8] GUY, W (2001). The Czech Lands and Slovakia: Another False Dawn? in Between Past and Future: The Roma of Central and Eastern Europe, edited by W. Guy (Hatfield: University of Hertfordshire Press). p.289.

[9] Guy, 1975 p.213.

[10] BARANY, Z (2002). The East European Gypsies: Regime Change, Marginality and Ethno-politics (Cambridge: Cambridge University Press). p.117.

[11] NEW SCHOOL FOUNDATION (1997) "Romani education programme" Patrin Web Journal http://www.geocities.com/Paris/5121/roma-education.htm (30/07/02).

[12] This is a contentious issue for NGOs and the government. For more discussion see: EUROPEAN COMMISSION AGAINST RACISM AND INTOLERANCE (ECRI) (2000). "Second Report on the Czech Republic" (Strasbourg: Council of Europe).; CLARK, C (1998). "Counting Backwards: the Roma numbers game in Central and Eastern Europe" Patrin Web Journal http://www.geocities.com/Paris/5121/countingback.htm (15/07/02) and GOVERNMENT OF THE CZECH REPUBLIC (1997). Report on the situation of the Romani community in the Czech Republic and government measures assisting its integration in society (Prague). http://www.vlada.cz/1250/eng/vrk/rady/cinnost/romove/cast1.htm (27/06/02).

[13] EUROPEAN ROMA RIGHTS CENTRE (ERRC) (1999). "A special remedy: Roma and schools for the mentally handicapped in the Czech Republic" Country Reports Series (8). http://www.errc.org/publications/reports/czcont.htm (7/03/03) p.22.

[14] EUROPEAN COMMISSION (2001). "2001 Regular report on the Czech Republic's progress towards accession" (Brussels: Commission of the European Communities). UN HUMAN RIGHTS COMMITTEE (2001). "Concluding observations of the Human Rights Committee: Czech Republic." CCPR/CO/72/CZE 27/08/2001.

[15] ERRC 1999 p.37.

[16] GOVERNMENT OF THE CZECH REPUBLIC Schools Law No. 258/1996 Article 32 www.mvcr.iol.cz/sbirka/1996/zakon_10.html (17/04/2003).

[17] ERRC 1999 p.46.

[18] SAVE THE CHILDREN (2001) Denied a future? The right to education of Roma, Gypsy and Traveller children Volume 2 (London). http://www.savethechildren.org.uk/temp/scuk/cache/cmsattach/649_dafvol2.pdf (09/07/03) p.41.

[19] Interview with Ms. Kane, Centre for Support for Learning, Faculty of Education, University of Glasgow. Interview conducted on 28 August 2003.

[20] GIPPS, C and MURPHY, P (1994). A fair test? Assessment, achievement and equality (Buckingham: Open University Press). p.73 For a comprehensive overview of the issues and debates in the field of IQ testing see NEISSER, U et al (1996). Intelligence: Knowns and Unknowns American Psychologist 51(2): 77-101.

[21] RINGOLD, D (2000). Roma and the Transition in Central and Eastern Europe: Trends and Challenges (Washington: World Bank). p.25.

[22] Save the Children 2001 p.47.

[23] GHEORGHE, N and MIRGA, A (1997). The Roma in the Twenty-First Century: A Policy Paper Project on Ethnic Relations http://home.netcom.com/~ethnic/migra3.html (17/07/03).

[24] Save the Children 2001 p.42.

[25] Comments made by lecturer at summer school in Pod?brady, Czech Republic during a seminar on Czech politics and society. 16 July 2003.

[26] GAINE, C (1995). Still no problem here (Stoke-on-Trent: Trentham). p.48.

[27] MACPHERSON, W (1999). The Stephen Lawrence inquiry: Report of an inquiry (London: Stationary Office). p.321 The Macpherson inquiry was ordered by the British Home Secretary in July 1997 into the murder of black teenager Stephen Lawrence, in order to "identify lessons to be learned for the investigation and prosecution of racially motivated crimes." It concluded that the Metropolitan police force was 'institutionally racist'.

[28] MINISTRY OF LABOUR AND SOCIAL AFFAIRS (MLSA) (2003). Joint memorandum on social inclusion of the Czech Republic (Brussels). http://www.mpsv.cz/files/clanky/5150/memo.pdf (09/02/04) Article 1.2.

[29] MLSA 2003: Article 2.4.

[30] JA?AB, J (2003). TV interview with Vladimir Ko?en "The Week in the Regions" ?T1 1 February 2003.

[31] GOVERNMENT OF THE CZECH REPUBLIC Labour Code (As Subsequently Amended) No. 65/1965 Chapter 1 (1/4) http://www.mpsv.cz/files/clanky/1126/No_65_1965.pdf (13/02/04).

[32] Mlada fronta dnes, Prague (2003a) Nezam?stnáme vás, protože jste Romka (We won't hire you because you are a Romani woman). 30 January, p.4.

[33] Mlada fronta dnes, Prague (2003b) Necht?li ji, protože je Romka. Nyní jí musí platit (They didn't want her because she was a Romani woman. Now they must pay) 8 October, p.2.

[34] A draft version of the proposed anti-discrimination bill was approved by parliament on 22 September 2003. GOVERNMENT OF THE CZECH REPUBLIC (2003). Usnesení Vlády ?eské Republiky ze dne 22. zá?í 2003 ?. 931 k návrhu v?cného zám?ru zákona o zajišt?ní rovného zacházení a ochran? p?ed diskriminací. (Government Resolution No. 931/2003 from 22 September 2003 Decree to the proposal of a material purpose of a law for ensuring equal treatment and protection from discrimination). http://racek.vlada.cz/usneseni/usneseni_test.nsf (10/05/04). The final version is expected to be passed by early 2005.

[35] For more discussion of the EU Race Directive (DIRECTIVE 2000/43/EC (29 June 2000) implementing the principle of equal treatment between persons irrespective of racial or ethnic origin [2000] O.J. L180/22.) see: GUILD, E (2000). The EC Directive on Race Discrimination: Surprises, Possibilities and Limitations Industrial Law Journal 29(4): 416-423.; WADDINGTON, L and BELL, M (2001). More Equal than Others: Distinguishing European Union Equality Directives Common Market Law Review 38: 587-611. and SCHIEK, D (2002). A New Framework on Equal Treatment of Persons in EC Law? European Law Journal 8(2): 290-314.

[36] GOVERNMENT OF THE CZECH REPUBLIC (2004) Usnesení ze dne 28. ledna 2004 ?. 90 + 2P k záv?re?ným doporu?ením Výboru pro odstran?ní rasové diskriminace - kontrolního orgánu Mezinárodní úmluvy o odstran?ní všech forem rasové diskriminace. (Government Resolution No.90 +2P/2004 from 28 January 2004 to the concluding recommendations of the Committee for the Elimination of Racial Discrimination (CERD) the monitoring body of the International Convention on the elimination of all forms of racial discrimination) (Prague). http://racek.vlada.cz/usneseni/usneseni_test.nsf/usneseni/usneseni_test.nsf/27E1571DD6D3808FC1256E38001F1CD1?opendocument (27/03/04).

[37] NOWAK, M (1999). Human rights 'conditionality' in relation to entry to and full participation in the EU In: The EU and human rights edited by P. Alston, M. Bustelo and J. Heenan. (Oxford: Oxford University Press). p.692.

eSharp issue: autumn 2004. © Laura Cashman 2004. All rights reserved. ISSN 1742-4542.