Posts Tagged 'discrimination'

Unwelcome guests: HRW deems crackdown on Greece’s immigrants ‘abusive’

By Harry van Versendaal

Greek authorities must review the procedures of an extensive crackdown on suspected irregular immigrants, Human Rights Watch (HRW) said Wednesday, criticizing police sweeps as abusive and ineffective.

The allegations were made during a presentation of the international organization’s latest report, “Unwelcome Guests: Greek Police Abuses of Migrants in Athens,” in the Greek capital on Wednesday. The report highlights invasive police checks and arbitrary detentions within the contours of an ongoing operation dubbed Xenios Zeus, bizarrely code-named after the Greek god of hospitality.

The 52-page report documents frequent police checks of individuals with a foreign-looking appearance, unjustified searches of personal belongings, derogatory verbal language and occasional physical abuse. According to the HRW study, which is based on more than 40 interviews with Athens-based immigrants, tens of thousands are held at police stations pending verification of their legal status.

“There is definite lack of training which gives rise to discrimination from police,” said Eva Cosse, a Greece expert at HRW and author of the report, who said that racist attitudes inside the force are a “chronic” problem.

“Such methods, however, are also a way to send the message and put it across that these people are not welcome,” Cosse said, slamming Greece’s conservative party, now head of the government coalition, for its heavy-handed approach to immigration.

Prime Minister Antonis Samaras has in the past pledged to “take back our cities from migrants,” while his New Democracy party recently turned down a more inclusive anti-racism bill supported by junior coalition partners PASOK and Democratic Left, proposing its won legislation to tackle discrimination instead.

Many of the abuse victims interviewed by HRW said they felt that they were repeatedly targeted by police because of their skin color or other physical characteristics.

A 19-year-old asylum-seeker from Guinea, identified only as Tupac, said that in early February police officers forced him and other black and Asian passengers off a bus in central Athens shouting “All blacks out, all blacks out.”

Abuse often seems to go beyond ethnic profiling and insulting language. “Body pat-downs and bag searches during immigration stops appear to be routine, even in the absence of any reasonable suspicion that the individual is carrying unlawful or dangerous objects,” the HRW report says.

Gateway

Greece is the main gateway into the European Union for migrants from Asia, the Middle East and Africa. The majority hopes to reach one of the more prosperous states in Western Europe, but many become caught up in this debt-wracked country. On top of being exposed to a burgeoning wave of racially motivated attacks, at least partly attributed to the rise of the neo-Nazi Golden Dawn party, immigrants also face arrest, lengthy detention and deportation, as documented by several human rights groups. Asylum-seekers fleeing persecution at home are not spared from the crackdown either, activists say.

The conservative-led government, though, says that its tougher approach to illegal immigration, including more stringent checks on the Evros border with Turkey, where an extra 1,800 guards have been deployed, has led to the number of undocumented migrants trying to reach Greece dropping substantially. Greece reported more than half of all detections of irregular border crossings in the EU from July-September 2012 but only 30 percent between October and December.

“Greece has a right to control irregular migration,” said Veronika Szente Goldston, Europe and Central Asia advocacy director for HRW, adding that Dublin II regulations are weighing the country down with an uneven share of the burden. “But the country still has to ensure it does not violate human rights,” she said.

Almost 85,000 foreigners were forcibly taken to police stations for verification of their immigration status in the seven-month period between last August, when Xenios Zeus was launched, and this February, according to police figures cited in the report.

“However, 94 percent of those detained had a legal right to be in Greece,” said Goldston, suggesting that police are casting their net too far and too wide.

Evidence, not stereotypes

The very small percentage of those who were found to be in the country without permission should also raise doubts about the effectiveness of the crackdown, HRW warned. Investing so many resources just to catch the wrong people and release them afterward is a huge waste of time and money, the group said.

“Operations must be based on evidence and intelligence, not stereotypes,” Cosse said.

HRW called on authorities to review the police’s general stop-and-search powers and to take steps to ensure that the identification of clandestine migrants is conducted in line with Greek and international laws on discrimination, ethnic profiling and arbitrary deprivation of liberty.

Worryingly, Goldston said, the HRW findings and recommendations appear to have so far been mostly snubbed by officials at the Public Order Ministry.

“We have met with denial,” she said, adding that government officials have cast doubt on the HRW research and data.

“It is in the DNA of Greeks not to be racist,” Goldston quoted one unnamed Greek official as responding.

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Hate speech: The lesser of two evils


By Harry van Versendaal

Expecting a state that has failed to enforce a smoking ban in public places to penalize hate speech is wishful thinking. It should also be undesirable.

Keen to burnish their democratic credentials and to differentiate themselves from conservative New Democracy, the leader of Greece’s power-sharing administration, junior socialist partners PASOK and Democratic Left have pushed an anti-racism bill aimed at curbing a burgeoning wave of xenophobia in the debt-wracked country. The rise in hate speech and racially motivated crimes is widely associated with the rise of Golden Dawn, a neo-Nazi party controlling 18 seats in the 300-member House that wants to kick all immigrants out of the country.

The proposed legislation, drafted by Justice Minister Antonis Roupakiotis, who is supported by Democratic Left, aims to criminalize communication which might incite violence against groups and individuals based on their race, religion, ethnicity or sexual orientation. The bill reportedly foresees up to two years in jail for offenders and fines of up to about 30,000 euros for individuals and 200,000 euros for organizations.

There is no doubt that, unlike the more cynical policymakers out there, many advocates of the contentious bill are motivated by the best of intentions. However, as other European states have painfully found out, laws against hate speech come with hidden costs and unintended consequences.

A piece of legislation that caters to the needs and sensitivities of a particular section of society is by its nature exclusive and potentially open to criticism from others who are, or who may feel, vulnerable. Introducing a ban on Holocaust denial may, for example, prompt calls for prohibition of gulag-denying speech; or Muslim demands for measures against the defamation of Muhammad which – as Western governments were painfully reminded of in the 2006 Danish cartoon row – also includes depictions of the Prophet.

Put simply, what constitutes an offense is very much in the eye of the beholder. A victim of communism, to bring up a recent example, might sue Slovenian philosopher Slavoj Zizek for suggesting in public that he would send anyone who does not support leftist SYRIZA to a gulag. Depending on the interpretation, even religious texts like the Quran or the Bible can be deemed unlawful. A ban on hate speech can be a stepping stone to curtailing the freedom of expression.

New Democracy has expressed objection to the bill, citing the fact that Greece has already had anti-incitement rules in place since 1979. This is true. Specifically, the law makes it illegal to incite discrimination, hate or violence against persons or groups on the basis of race, origin or religion – although it says nothing of sexual orientation. Also, the 1979 law stipulates it is a crime to set up or join organizations that promote racist propaganda and activity.

Nevertheless, New Democracy’s real concern seems to lie with the reaction from the more reactionary folk among its electoral base: the influential Orthodox Church and the armed forces. The party has proposed a bill, basically a revision of the 1979 law, that reportedly grants immunity to civil servants, as well as clerics and military officials. Meanwhile, the bill does not outlaw discrimination based on sexual orientation. New Democracy’s misguided motives are confirmed by its proposal to introduce penalties for Holocaust and genocide denial.

The main concern here is that taking action on “opinion crimes,” as it were – like sanctions against those who deny the genocide of Black Sea Greeks by the Ottoman Turks toward the end of the First World War, officially recognized as such only by Greece and Cyprus – inevitably leads to restrictions on free speech. In a sign of the inevitable deadlock, Turkey has passed the law in reverse, making it illegal to refer to mass killings of Armenians, Greeks and Assyrians as a “genocide.”

Laws against Holocaust denial were introduced in Germany and Austria after the Second World War and they made sense given these countries’ historical background. Interpretation of the past should be left with historians rather than lawmakers and prosecutors or you risk what Greek historian Antonis Liakos has called “political control over history.” Freedom of speech in an open society should include the right to question historical facts. Instead of banning uninformed and foolish ideas, it is better to expose them to scrutiny and ridicule.

And then, of course, there’s the elephant in the room. It is extremely unlikely that laws against genocide or Holocaust denial will deflate anti-Semitism or discourage people from joining the ranks of Golden Dawn. Such initiatives would most likely play into the hands of the party’s supposed anti-systemic profile and allow wrongheaded thugs to pose as martyrs. An all-out ban on the party would probably fail for the same reason.

After all, Golden Dawn’s discourse and deeds are well beyond a bill such as this and are well into the criminal law code. If the political system really wants to stop the neo-Nazis in our midst, it must start by doing what it failed to do in the case of the anti-smoking legislation: stop the political gesturing and enforce the law.

Unwanted masses on the move

 

Photo by Natalia Tsoukala

 

By Harry van Versendaal

Unwanted: There is no better word to describe European attitudes toward Roma communities. As France began to flatten some 400 camps hosting Roma migrants and to deport more than 8,000 back to Central Europe, President Nicolas Sarkozy became the latest prominent European figure to personify the continent’s prejudices against those forcibly nomadic people, also known as gypsies.

With his ratings shredded by unpopular pension reforms and budget cuts – a recent poll found that 62 percent of French voters do not want Sarkozy to seek reelection in 2012 – the French president is after a scapegoat. He has done it before. Unrest five years ago in the Parisian banlieues, the troubled suburban housing projects, shook the nation’s perception of itself. Sarkozy’s tough response as interior minister was hailed by conservative voters and was crucial in propelling him to power. Therefore, it was no surprise when after the July riots on the outskirts of Grenoble, Sarkozy replayed the law-and-order card that won him the 2007 election.

“The recent acceleration of expulsions and the fact that expulsions have been made more visible is part of a refocus of French policies on security, and probably an attempt to win votes from the extreme right,” Sophie Kammerer, policy officer for the European Network Against Racism (ENAR), told Athens Plus.

Because the Roma people are widely associated with petty crime, pickpocketing and aggressive begging, a police clampdown has been mostly welcomed by urbanites increasingly worried about public safety.

Also, gypsies are poor. The large number of 86 percent of Europe’s Roma live below the poverty line. Ivan Ivanov, of the Brussels-based European Roma Information Office, thinks the Roma are being targeted because the French government does not want them to be a burden on the welfare system. Their lifestyle makes them particularly vulnerable. “As Roma come in large groups and tend to live together in barracks, under bridges and in parks, they are more visible and easier to target,” Ivanov, a human rights lawyer, told Athens Plus.

Numbering some 12 million, the dark-skinned Roma are the largest minority group in the European Union. Until the EU’s eastward expansion, most lived outside the contours of the bloc – mostly in Bulgaria, Romania, the Czech Republic and Slovakia. Seen as originating from northwest India, their European history has been one of slavery and persecution. About half a million Roma are estimated to have perished in the Nazi Holocaust.

Despite European laws on free movement, the expulsions were, technically speaking, legal. Most of the Roma who have been deported are citizens of Romania. As an EU newcomer, Romania  is subject to an interim deal that limits their nationals stay in France to three months, unless they have a work or residence permit.

However, group deportations are restricted by EU law. European Commissioner for Justice Viviane Reding originally attacked the Roma expulsions as an act of ethnic profiling and discrimination. “You cannot put a group of people out of a country except if each individual has misbehaved,” she said, drawing parallels to Vichy France’s treatment of Jews in the Second World War that made the French cry foul. Brussels, however, eventually decided to take legal action against France’s perceived failure to incorporate EU rules on free movement across the bloc – not on discrimination. Reding’s admission that there was “no legal proof” probably raised some malign smiles in the corridors of the Elysee.

Do as I do

The truth is France is not alone on this one. Denmark, Austria, Sweden, Belgium and, to a larger scale, Italy have also been deporting Roma immigrants. Apart from working toward stripping racism of any guilt in France – the proud home of liberte, egalite and fraternite – as well as in other nations, the clampdown by Sarkozy threatens to make the expulsion of unloved minorities official policy across the continent. “After France, other countries will try to deport Roma as well, citing all sorts of reasons but mainly the security issue,” Ivanov said. The campaign spells trouble for other minorities as well – if only for tactical reasons. “They might adopt such policies toward other minorities as well to avoid criticism that they are only targeting Roma,” Ivanov said.

Some critics say that there can be little progress unless it is first acknowledged that Roma not only suffer from but also cause problems. Writing for the Guardian, Ivo Petkovski said that higher crime rates among Roma may indeed be due to institutional as well as societal factors, such as poor education but integration into the mainstream “may mean letting go of some historical and cultural practices” – an issue often lost in the haze of political correctness.

It’s hard to disagree that a rigid patriarchal structure and controversial cultural habits, such as early or forced marriages and child labor, are out of tune with modern Western life. But the stereotype of the lawless nomads who want to keep themselves on the fringes of modern society is exaggerated.

“Let’s face it,” Ivanov said. “If the Roma have failed to integrate it is not because they do not want to. Who would choose to live in a miserable ghetto with no running water and infrastructure, such as normal roads, regular transport, shops, pharmacies and schools,” he said.

Integration is a two-way process. “Society should not wait for the Roma to integrate themselves and the Roma should not wait for society to integrate them,” Ivanov said. But although the Roma should follow the rules of mainstream society, he said, this should not take place at the price of their own culture, traditions, lifestyle and language. “Integration should not be confused with forced integration and assimilation. If they have to respect the culture and ethnic specificities of the mainstream society, theirs should be respected as well,” he said.

Kammerer agrees that, like every citizen, Roma have both rights and responsibilities. But the first step, she said, is to ensure that these people are able to fulfill these responsibilities. “If you argue that Roma parents should take responsibility for sending their children to school, you should first ensure that their children have access to school,” she said.

Blackboard politics

Empowerment is key. Roma hardly vote in elections. Education and training is the only way to offset centuries of abuse and exclusion and make sure that the Roma can integrate into the surrounding community and play a meaningful part in local life. “Without proper housing, healthcare or education, it is unsurprising that many people are forced to live a marginal lifestyle,” Nele Meyer, a Roma expert at Amnesty International, told Athens Plus.

Roma are often placed in schools for the mentally challenged – and many are not allowed to attend classes at all. Three primary schools in Thessaloniki, northern Greece, were recently shut down by parents protesting the presence of gypsy pupils in the classroom.

France has tried to persuade its eastern peers to do more to tackle the problem at home before it becomes a French problem. But it has found it hard to motivate their governments, particularly in a Europe without borders. Most rights activists, like Ivanov, are calling for a European Roma strategy. But Roma issues do not win elections – so it’s hard to see how national politicians will be persuaded.

Ivanov does not despair. He says it would be great to one day see Roma travel across the continent not as luckless nomads searching for a better life “but for pleasure, like any other European citizen.”


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