The research found that many of the problems of the Roma stem from their deliberate exclusion from citizenship in the EU countries from which they originate. This exclusion is a result of deep-rooted racism at all levels of society. Clearly more needs to be done to protect the rights of Roma people in countries such as the Czech Republic, Slovakia and Romania and in this the EU, and hence all ofits member states, have a significant role to play. Of course, the protection of the rights of Roma is already a legal requirement placed on all member states, new and old, due to two legally binding EU directives known as the Race Equality Directive (2000/43/EC) and the Employment Equality Directive (2000/79/EC).6 These two directives alongside the European Convention on Human Rights, and the Charter of Fundamental Rights associated with the 2007 Treaty of Lisbon (in the process of ratification by member states) form the legal basis for the protection of rights in employment and for combating exclusion and persecution motivated by racism. However, it is clear that a great deal more needs to be done to address the specific barriers Roma face (for example, through the adoption of a specific EU Roma directive.7) as Roma continue to migrate in search of opportunities and an improved quality of life - a reality that cannot be divorced from the processes of marginalisation and exclusion that they continue to face in their ‘home’ countries.
In the context of EU enlargement eastwards, it is perhaps rather easy to assume that Slovak Roma, like other A8 migrants, are now ‘voluntary migrants’ in the traditional sense and that, should they not find the opportunities or quality of life improvements they hoped for, are free to go back and work in their ‘home’ country. However, given their on-going persecution and exclusion in Slovakia and the Czech Republic, it is not unreasonable to view the Roma as a group that continue to be ‘pushed’ abroad as much as being ‘pulled’ by the promise of employment.8 As a minority ethnic group within Slovakia, they are not in the same position as ‘majority’ populations, such as ethnic Poles living in Poland or indeed ethnic Slovaks living in Slovakia, who, whilst undoubtedly suffering high levels of unemployment and depressed wages at ‘home’, are not, racially discriminated against or the focus of collectively targeted abuse and violence. As a result the Slovak Roma can be seen to occupy that grey area between ‘forced’ and ‘voluntary’ migration embodied in popular constructions of ‘economic migrants’ and ‘asylum seekers’ respectively.
Governments, both at UK and Scottish level, have not only failed to play their part in safeguarding the rights of the Roma as a recognised ethnic group in Europe, but have also failed to promote and raise awareness of Roma rights within the UK. Indeed, whilst the Roma has a right to reside and work within the UK, they have enjoyed little active protection by Government agencies in the area of employment, housing and social benefits. This has lead to the increased vulnerability of this already marginalised ethnic minority.
Often in part-time, temporary employment, outwith mainstream ‘legal’ structures as a result of their exclusion from public sector employment services and reliance on ‘gangmasters’ for work and housing, Roma are often unable to access the basic in-work benefits many other people working in the UK take for granted - a contract of employment, a minimum wage, pension rights, paid holidays, maternity leave, and paid sick leave to name a few. Both under EU and UK law the Roma have an ethnic status that safeguards their cultural and social rights and yet there is little recognition and few proactive processes in place within the UK to ensure these rights can be accessed and enjoyed by the Roma. This is despite the adoption in 2000 by the UK, along with all EU member states, of National Action Plans (NAPs).
