Letters in support of housing rights of Roma communities in France

Diante das remoções em massa sofridas por comunidades ciganas na França,
a Relatora Especial da ONU para o Direito à Moradia Adequada, Raquel Rolnik,
enviou uma “letter of allegation” ao governo daquele país. Além disso,
o diretor executivo do COHRE (Centre on Housing Rights and Evictions) também
enviou uma carta na qual expõe a situação e cobra do governo francês a
imediata interrupção das remoções e a garantia do direito à moradia aos
que já foram expulsos. Leia abaixo (em inglês):

The Honourable Nicolas Sarkozy 

President, Republic of France 

Palais de l’?lysée 

55 Rue du Faubourg Saint Honoré 75008 Paris, France 

Fax: +33 1 474-22-465

24 August 2010

Forced eviction and mass expulsion of Roma EU citizens from France

Dear Mr. President,

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
United Nations and works to promote and protect the right to adequate housing
for everyone, everywhere, including preventing or remedying forced evictions.
COHRE also has consultative status with the Council of Europe and is authorized
to lodge collective complaints before the European Committee of Social
Rights.

COHRE is gravely concerned about the forced eviction of Roma from camps
in France and the mass expulsion of Roma EU citizens from France. As citizens
of the European Union, the Roma residents in France enjoy the right to
adequate housing as enshrined in Article 11 of the International Covenant
on Economic, Social and Cultural Rights as well as Article 31 of the Revised
European Social Charter, both of which have been ratified by France. As
such, France has legal obligations to respect, protect and fulfil the right
to adequate housing and to do so without discrimination. If Roma housing
is indeed substandard, that fact demonstrates that France is unwilling
or unable to meet its obligation to fulfil the right to adequate housing.
In such a situation, also violating the obligation to respect the right
to adequate housing by carrying out forced evictions only exacerbates the
problem and adds to the violations of international human rights law.

Furthermore, these actions by France violate the prohibition on racial
discrimination enshrined in the International Convention on the Elimination
of All Forms of Racial Discrimination and rights guaranteed by the European
Convention on Human Rights.

The mass expulsion of EU citizens, particularly on a racial or ethic
basis, violates both Article 4 of Protocol 4 to the European Convention
on Human Rights and Article E and Article 19(8) of the Revised European
Social Charter, both of which prohibit any measure compelling aliens,
as a group, to leave a country, except where such a measure is taken on
the basis of a reasonable and objective examination of the particular case
of each individual?. Finally, since it appears that similarly situated
non-Roma EU citizens are not suffering this level of reprisal, at a minimum
these actions demonstrate an unlawful discriminatory effect if not outright
discriminatory intent either of which violate Frances legal obligations
under the International Convention on the Elimination of All Forms of Racial
Discrimination.

Consequently, COHRE urges France to halt all further forced evictions
and mass expulsions of Roma in France and to provide remedies to those
already forcibly evicted and expelled, including the right to return and
the right to housing and land restitution.

Sincerely,

Salih Booker

Executive Director

Centre on Housing Rights and Evictions (COHRE) 

Considering the forced evictions and mass expulsion suffered by Roma communities
in France, the UN Special Rapporteur on the Right to Adequate Housing,
Raquel Rolnik, sent a letter of allegation to the government of that country.
In addition, the executive director of COHRE (Centre on Housing Rights
and Evictions) also sent a letter in which exposes the situation and urges
the French government to stop evictions and garantee the right to housing
to Roma people, including those who have been expelled. Read it below:

The Honourable Nicolas Sarkozy 

President, Republic of France 

Palais de l’?lysée 

55 Rue du Faubourg Saint Honoré 75008 Paris, France 

Fax: +33 1 474-22-465

24 August 2010

Forced eviction and mass expulsion of Roma EU citizens from France

Dear Mr. President,

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
United Nations and works to promote and protect the right to adequate housing
for everyone, everywhere, including preventing or remedying forced evictions.
COHRE also has consultative status with the Council of Europe and is authorized
to lodge collective complaints before the European Committee of Social
Rights.

COHRE is gravely concerned about the forced eviction of Roma from camps
in France and the mass expulsion of Roma EU citizens from France. As citizens
of the European Union, the Roma residents in France enjoy the right to
adequate housing as enshrined in Article 11 of the International Covenant
on Economic, Social and Cultural Rights as well as Article 31 of the Revised
European Social Charter, both of which have been ratified by France. As
such, France has legal obligations to respect, protect and fulfil the right
to adequate housing and to do so without discrimination. If Roma housing
is indeed substandard, that fact demonstrates that France is unwilling
or unable to meet its obligation to fulfil the right to adequate housing.
In such a situation, also violating the obligation to respect the right
to adequate housing by carrying out forced evictions only exacerbates the
problem and adds to the violations of international human rights law.

Furthermore, these actions by France violate the prohibition on racial
discrimination enshrined in the International Convention on the Elimination
of All Forms of Racial Discrimination and rights guaranteed by the European
Convention on Human Rights.

The mass expulsion of EU citizens, particularly on a racial or ethic
basis, violates both Article 4 of Protocol 4 to the European Convention
on Human Rights and Article E and Article 19(8) of the Revised European
Social Charter, both of which prohibit any measure compelling aliens,
as a group, to leave a country, except where such a measure is taken on
the basis of a reasonable and objective examination of the particular case
of each individual?. Finally, since it appears that similarly situated
non-Roma EU citizens are not suffering this level of reprisal, at a minimum
these actions demonstrate an unlawful discriminatory effect if not outright
discriminatory intent either of which violate Frances legal obligations
under the International Convention on the Elimination of All Forms of Racial
Discrimination.

Consequently, COHRE urges France to halt all further forced evictions
and mass expulsions of Roma in France and to provide remedies to those
already forcibly evicted and expelled, including the right to return and
the right to housing and land restitution.

Sincerely,

Salih Booker

Executive Director

Centre on Housing Rights and Evictions (COHRE) 

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