Out of the spotlight: The rights of foreigners and minorities are still a grey area
implementation of these guidelines. Amnesty
International understands that in some cases
local authorities have expended great efforts in
relocating the Roma in prefabricated housing
in alternative locations, following their
evictions. However, the organization is
concerned about the authorities’ failure to
adhere to procedures for ensuring evictions do
not amount to forced evictions. These
procedures include providing adequate
warning, meaningful participation in the
identification
of
adequate
alternative
accommodation, adequate remedies including
respect for due process in the determination of
eviction notices, and the right to a degree of
security of tenure for all irrespective of the
“legality” of residence. Moreover, the
organization is concerned about reports
received that in a number of cases, the
residents in the neighbourhood of the proposed
sites have exerted pressure on the local
authorities to reverse the decision of settling
Roma in their area, often making public
statements that raised concerns about
incitement to racism. Further concerns were
subsequently raised about the authorities’
concessions to such pressure, which has
resulted in leaving the evicted Romani
communities stranded in temporary and
inadequate accommodation, sometimes having
to bear the financial burden of this resettlement
themselves.
Under the ICESCR Greece is obliged to
respect the right to adequate housing, including
the prohibition on forced evictions, as
guaranteed under Article 11(1). Evictions can
only occur in exceptional circumstances and
must conform to a strict set of criteria set out
by the UN Committee on Economic, Social
and Cultural Rights in General Comment No.
7. The criteria require that there must be
special justification for an eviction and it
should be carried out only after examination of
alternatives has shown that no other
alternatives are available. In such a case, the
affected community should be given adequate
notice and an opportunity to contest the
grounds for eviction.
Amnesty International 5 October 2005
46
The guidelines further require that no one may
be left homeless as a result of an eviction and
that alternative accommodation must be
provided as far as possible in a location near a
person’s place of work or education together
with reasonable access to essential services.
Any eviction must be carried out humanely.
3.2
The legislative framework
In this regard, a major impediment to the
authorities’ effectiveness in taking measures
against such racist statements has been the lack
of legislation that adheres to international
standards relating to economic, social and
cultural rights, including anti-discrimination
legislation. Until recently, anti-discrimination
legislation consisted only of Law 927/1979,
amended by Laws 1419/1984 and 2910/2001,
which criminalizes overtly discriminatory
practices on racial, ethnic or religious grounds.
The law consists of articles prohibiting
incitement
of
racially
/
religiously
discriminatory activities, expression of
racially/religiously offensive ideas, and
racial/religious discrimination in the provision
of services or goods by private persons. 89
Concerns have been raised about the
limitations of this legislation because it does
not explicitly provide for racial and ethnic
equality. Currently, incidents of discrimination
on the basis of this law can be reported to the
Ombudsman if the discrimination is
perpetrated by state actors, or can be used to
initiate criminal proceedings in the case of
non-state actors.90
Furthermore, Greece’s failure to sign or ratify
a number of relevant European treaties poses
another difficulty in the protection of Roma
rights. Under international law Greece is
89
Ioannis Ktistakis and Nicholas Sitaropoulos,
report on Greece to the EU Commission’s
Employment,
Social
Affairs
and
Equal
Opportunities Directorate, Anti-Discrimination and
Relations with Civil Society Department,
Executive Summary: Greece, 22 June 2004.
90
Ktistakis and Sitaropoulos, ibid.
AI Index: EUR 25/016/2005
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