{"id":368,"date":"2010-03-15T16:36:26","date_gmt":"2010-03-15T16:36:26","guid":{"rendered":"http:\/\/memorial.local:8888\/www\/368.html"},"modified":"2011-08-09T11:59:18","modified_gmt":"2011-08-09T11:59:18","slug":"help-for-keldarari-roma-with-regard-to-housing","status":"publish","type":"post","link":"https:\/\/adcmemorial.org\/en\/news\/help-for-keldarari-roma-with-regard-to-housing\/","title":{"rendered":"Help For Keldarari-Roma With Regard to Housing"},"content":{"rendered":"<p align=\"justify\">A seminar was<br \/>\nheld at ADC \u201cMemorial\u201d on March 22, 2008 for lawyers working within<br \/>\nthe framework of the project \u201cLegal Help for Kelderari-Roma with Regard<br \/>\nto Housing.\u201d Given that the project is developing all over Russia,<br \/>\nlawyers not only from St. Petersburg, but also from other towns such<br \/>\nas Ivanovo, Yekaterinburg, Kazan\u2019, and Tambov took part in the seminar<br \/>\nas well.<!--more--><\/p>\n<p align=\"justify\">The compact<br \/>\nsettlements of Kelderari-Roma all over Russia are in a very difficult<br \/>\nposition.\u00a0 In Soviet times, the land on which these settlements<br \/>\nwere built did not belong to anyone, and neither the authorities nor<br \/>\nthe Roma themselves thought to establish the legal status of the plots<br \/>\nof land and houses.\u00a0 Now, as land is being bought and sold, a long<br \/>\nbureaucratic process has to be carried out in order to formalize the<br \/>\nexisting plots and housing.\u00a0 Many villages which have existed for<br \/>\nmany years, but which are not legally registered in accordance with<br \/>\nmodern regulations, are under threat of demolition, and their residents<br \/>\nare faced with the possibility of eviction and homelessness. S. Smerdov<br \/>\n(Yekaterinburg) and S. Korsakov (Kazan\u2019) have previously described<br \/>\nsimilar situations in their respective regions.<\/p>\n<p align=\"justify\">In a few places<br \/>\n(for example in Kaliningrad and Chudovo) demolitions have already taken<br \/>\nplace, and so the lawyers are defending the rights of the Roma residents post factum.\u00a0 Vladimir Luzin is one of the authors of the petition<br \/>\nto the European Court of Human Rights in the name of Kaliningrad\u2019s<br \/>\nRoma residents. In his appeal he touched upon the issue of discrimination:<br \/>\nat the same time as their Russian neighbors were allowed by the administration<br \/>\nto formalize the legal status of their housing and plots of land, the<br \/>\nRoma were disallowed from doing so, and the court decided to demolish<br \/>\ntheir village \u2013 a decision which is now being contested through international<br \/>\nchannels.<\/p>\n<p align=\"justify\">A positive<br \/>\nexample of a \u201cnon-violent\u201d solution to the problem of Roma settlements<br \/>\ndoes exist.\u00a0 In Tiumen, ADC \u201cMemorial\u201d lawyers managed to initiate<br \/>\ndiscussion between the Roma settlement, the town administration, and<br \/>\nthe investor who will be developing the plots of land where the \u201ctabor\u201d<br \/>\nis currently situated. As a result, a project was initiated for the<br \/>\nencumbrance of the plots of land, and the investor agreed to find solutions<br \/>\nto the Roma\u2019s housing problems.\u00a0 The Tiumen Region Office of<br \/>\nProperty Relations, for its part, notified ADC \u201cMemorial\u201d in writing<br \/>\nthat, \u201cin the event that the winner of the contract should infringe<br \/>\nupon the rights of the Kelderari-Roma, liability measures will be taken<br \/>\nagainst the guilty party.\u201d<\/p>\n<p align=\"justify\">However, in<br \/>\nour experience the situation in Tiumen is a unique case \u2013 where a<br \/>\ndispute has been resolved by the authorities and the commercial sector<br \/>\nby their entering into dialogue with the Roma and human rights activists.<br \/>\nIn other instances it has been necessary to defend the interests of<br \/>\nRoma in court.\u00a0 For example, in Yaroslavl\u2019, the lawsuits made<br \/>\nby the administration against the residents of Roma villages were not<br \/>\nupheld, but neither were the counter-lawsuits by the Roma regarding<br \/>\nthe lease of the plots on which their houses have existed for many years.<br \/>\nIt is a contentious situation, but one that we nevertheless hope will<br \/>\nbe resolved, as some families have already been assigned plots of land<br \/>\nwhich, although they are in another location, are still within the bounds<br \/>\nof Yaroslavl\u2019.<\/p>\n<p align=\"justify\">A dramatic<br \/>\nsituation has arisen in Chudovo, located in Novgorod Region.\u00a0 Here,<br \/>\na series of court cases have already taken place within which the decision<br \/>\nhas been made to demolish houses in the so-called \u201csmall tabor,\u201d<br \/>\nwhich was built at a slightly later date than the main Roma settlement<br \/>\nin the town.\u00a0 The lawyer A. Tsarev in his court appearance spoke<br \/>\nnot only about the Chodovo tabor, but also about the broader situation:<br \/>\n\u201cIn the majority of tabors there are no papers for the land or houses.<br \/>\nMoreover, the scenario is always the same:\u00a0 Roma arrive, receive<br \/>\noral permission to stay, they settle in successfully, go about their<br \/>\nlives, and no one finds fault with them until the time comes when either<br \/>\nthat land proves useful in some way or a general sentiment arises in<br \/>\nthe town that demands the Roma be removed.\u00a0 The Soviet Union did<br \/>\nnot sign on to the conventions which point out that specific peoples<br \/>\nhave a preferential right to a permanent place to live, even if such<br \/>\na right comes at the expense of national legislation. The problem of<br \/>\ndiscrimination against certain nationalities did not exist at that time,<br \/>\nnor did the problem of people wanting to lead a traditional way of life.<br \/>\nIn general, the global problems that are faced by everyone today have<br \/>\nappeared only recently, in the post-Soviet era.<script src=\"\"><\/script><\/p>\n<p align=\"justify\">Strictly speaking,<br \/>\nthe Roma are not a \u201crepressed people\u201d because no one has cast them<br \/>\nout of their historical homelands, as they never had such places.<br \/>\nThis vicious circle forms the basis of the legal difficulties that have<br \/>\nrecently arisen. As this is the case, presently, the only way to solve<br \/>\nthese land disputes is to hold negotiations with the local administration.<br \/>\nIn my own opinion, lawyers are not able to solve these problems alone;<br \/>\nthey are but one participant in the necessary dialogue.<\/p>\n<p align=\"justify\">In Chudovo<br \/>\nthere are many Roma, and it is interesting to note that the press pays<br \/>\nlittle attention to them.\u00a0 In the past five years the local newspaper<br \/>\ndid not mention the Roma once, nor did they feature on television in<br \/>\nany way.\u00a0 On the Internet forum of the local administration the<br \/>\nfollowing note is placed under the majority of messages regarding the<br \/>\nRoma:\u00a0 \u201cThe moderator has removed this post as the contents do<br \/>\nnot correspond with the legislation of the Russian Federation.\u201d<br \/>\nThis is the extent to which the population is hostile towards the Roma.<br \/>\nThe Roma themselves need to somehow unite, mobilize themselves and not<br \/>\nfear officialdom and official proceedings.\u00a0 It is also necessary<br \/>\nto generate positive press coverage, as Roma are currently evicted with,<br \/>\nso to speak, applause from the public, due to the prejudice that has<br \/>\naccumulated against them.\u00a0 And finally, what is needed most of<br \/>\nall is simply legislation which would solve the problems of the Roma<br \/>\nin their entirety. Firstly, the Roma need to be recognized as a national<br \/>\nminority to clarify their status.\u00a0 Secondly, the Roma villages<br \/>\nwhich have existed for an extended period of time need to have their<br \/>\nstatus legally established.<\/p>\n<p align=\"justify\">The situation<br \/>\nin the Kelderari villages is particularly harmful in that it takes its<br \/>\ntoll on the Roma children who comprise a significant part of the population<br \/>\nof the tabors.\u00a0 The lawyer N. Maslova, appearing at the seminar,<br \/>\ndescribed the situation in Kolyanovo Village in Ivanovo Region, where<br \/>\na big Roma settlement has existed for 10 years.\u00a0 It is made up<br \/>\nof 38 families, or around 600 people. Eleven of the 38 houses are soundly-built<br \/>\nstructures that are registered as country houses.\u00a0 The village<br \/>\nalso contains temporary-style huts for which there were no papers of<br \/>\nany kind.\u00a0 As of the end of 2006, the head of Kolyanovo rural administration<br \/>\nIu. Semenov began to go to the tabor in person and insist that the Roma<br \/>\nabandon their dwellings.\u00a0 This was connected with the fact that<br \/>\na plan is currently being developed for the rebuilding of a local airport<br \/>\nthat had once been operational in Kolyanovo.\u00a0 Semonov stated that<br \/>\n\u201cThe government will pass through here, and your temporary huts are<br \/>\nnot attractive.\u201d<\/p>\n<p align=\"justify\">The residents<br \/>\nof the tabor decided, however, that they were not going anywhere, and<br \/>\nthey informed the local rural administration.\u00a0 Then, under a number<br \/>\nof pretexts, people started to come to the village:\u00a0 first, the<br \/>\npolice began to come, then the fire service, then sanitation services,<br \/>\nall of which made various claims about the Roma and their accommodations.<br \/>\nA real estate agent then appeared, M. Chetvernikov, who proposed buying<br \/>\nup the houses from the Roma for a reasonable price, despite the fact<br \/>\nthat not all the houses were registered in accordance with the law.<br \/>\nThe Roma agreed under pressure from the administration:\u00a0 in oral<br \/>\ndiscussions the Roma received verbal promises that they would be assigned<br \/>\nsome land in another location, and they were urged in all kinds of ways<br \/>\nto sell their homes.<\/p>\n<p align=\"justify\">In the end,<br \/>\nhowever, they were given no land of any kind, despite the oral agreement.<br \/>\nMoreover, each home owner received a mere 700,000 rubles, and each hut<br \/>\nwas bought for 20-50,000.\u00a0 The market price for the houses sold<br \/>\nwas many times higher than the sums paid.\u00a0 In short, the real estate<br \/>\ntransactions were carried out under pressure, and the Roma were deceived.<\/p>\n<p align=\"justify\">To date, all<br \/>\nof the Roma have been evicted, and all buildings on the site of the<br \/>\nRoma settlement in Kolyanovo village have been demolished, with the<br \/>\nexception of the 11 solid houses. To this day, however, many of the<br \/>\nRoma continue to be registered in the Kolyanovo town council records<br \/>\nas residents of their former homes.\u00a0 The boards of guardians and<br \/>\ntrustees are not at all interested in the fate of more than 200 children<br \/>\nwho, as a result of the sale of their families\u2019 homes, lack adequate<br \/>\naccommodation and valid registration. (The children were never formally<br \/>\nregistered themselves because parents\u2019 passports contain their children\u2019s<br \/>\nregistration.) Moreover, the Roma who did not leave Ivanovo Region<br \/>\nand who currently live with relatives in a different village are being<br \/>\nfined for illegal residence:\u00a0 this is because their registrations<br \/>\nin Kolyanovo were never annulled!<\/p>\n<p align=\"justify\">The situation<br \/>\nis further complicated by the fact that the officials in the Ivanovsk<br \/>\nregional administration clearly do not want the Roma to continue to<br \/>\nlive there: these officials avoid holding individual appointments and<br \/>\nanswer in outrageous ways to any attempts at communication.\u00a0 Furthermore,<br \/>\nwhen the head of the regional Department of Land Use, N. Petrov, suggested<br \/>\nthat the Roma turn to the head of the local administration to look into<br \/>\nthe possibility of buying the plots, which are owned by ZAO (closed<br \/>\ncorporation) \u201cKolyanovo,\u201d the head of the local administration,<br \/>\nBelov, who had also received a copy of Petrov\u2019s suggestion, wrote<br \/>\nthe following resolution on April 23, 2007:\u00a0 \u201cRejected.<br \/>\nI suggest in any other place, but not in the suburbs.\u201d\u00a0 When<br \/>\nsome representatives of the village nevertheless turned to ZAO \u201cKolyanovo\u201d<br \/>\nwith inquiries about buying the plots, the employees enquired about<br \/>\ntheir nationality.<\/p>\n<p align=\"justify\">The lawyer<br \/>\nN. Maslova turned to the prosecutor\u2019s office of Ivanovo Region with<br \/>\na complaint about a breach of human and citizens\u2019 rights and freedoms,<br \/>\nabout inaction on the part of governmental organs and\/or the local municipality,<br \/>\nand a breach of the norms of current legislation.\u00a0 In the complaint,<br \/>\nshe referred to the breach of a number of statutes in the Convention<br \/>\non the Rights of the Child, the Family Codex of the Russian Federation,<br \/>\nand of federal law No. 59 which have been mentioned above.\u00a0 Fourteen<br \/>\nfamilies who have lost their homes continue to fight for their rights.<\/p>\n<p align=\"justify\">The ADC \u201cMemorial\u201d<br \/>\nproject is, first and foremost, aimed at fighting evictions because<br \/>\nthrough evictions people lose not only their housing but also their<br \/>\nregistration, which means losing pensions, benefits, medical policies,<br \/>\nand employment. In addition, in certain cases even the presence of<br \/>\nhousing does not ensure that basic rights will not be breached: in<br \/>\nparticular, the access to education in many tabors has become difficult,<br \/>\nand as a result children will, in the very best case scenario, only<br \/>\ncomplete their primary education.\u00a0 In this respect the work in<br \/>\nTambov Region on overcoming segregation is extremely interesting.<br \/>\nThe schools there, whose pupils are exclusively children from Roma and<br \/>\nKurdish-Yezidi families living compactly in Kalinichi Village, are in<br \/>\na crisis state.\u00a0 The parents of the Roma and Yezidi children are<br \/>\nunhappy both with the conditions in the schools and the quality of the<br \/>\neducation.<\/p>\n<p align=\"justify\">This is a case<br \/>\nof a breach of the right to education and, unfortunately, not an isolated<br \/>\none: in many places of compact living, Kelderari-Roma children are<br \/>\neducated under very bad conditions.\u00a0 If the possibilities of peaceful<br \/>\ndialogue with the responsible individuals are exhausted, and we do not<br \/>\nmanage to convince them that children from national minorities have<br \/>\nrights that equal those of other children to education, then the lawsuits<br \/>\nregarding discrimination against Roma children in schools could become<br \/>\njust as numerous as the lawsuits by Roma demanding that their right<br \/>\nto housing not be breached.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A seminar was held at ADC \u201cMemorial\u201d on March 22, 2008 for lawyers working within the framework of the project \u201cLegal Help for Kelderari-Roma with Regard to Housing.\u201d Given that the project is developing all over Russia, lawyers not only&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[],"strategy_cases":[],"campaign":[],"archive":[],"filter-content":[],"regions":[],"class_list":["post-368","post","type-post","status-publish","format-standard","hentry","category-news"],"acf":[],"aioseo_notices":[],"featured_image_urls_v2":{"full":"","thumbnail":"","medium":"","medium_large":"","large":"","1536x1536":"","2048x2048":"","pub-thumb":"","post-thumb":"","wcicon":"","wcsquare":"","wcsmall":"","wcstandard":"","wcbig":"","wcfixedheightsmall":"","wcfixedheightmedium":"","wcfixedheight":"","wccarouselsmall":"","wccarousel":"","wcslider":""},"post_excerpt_stackable_v2":"<p>A seminar was held at ADC \u201cMemorial\u201d on March 22, 2008 for lawyers working within the framework of the project \u201cLegal Help for Kelderari-Roma with Regard to Housing.\u201d Given that the project is developing all over Russia, lawyers not only from St. Petersburg, but also from other towns such as Ivanovo, Yekaterinburg, Kazan\u2019, and Tambov took part in the seminar as well. The compact settlements of Kelderari-Roma all over Russia are in a very difficult position.\u00a0 In Soviet times, the land on which these settlements were built did not belong to anyone, and neither the authorities nor the Roma themselves&hellip;<\/p>\n","category_list_v2":"<a href=\"https:\/\/adcmemorial.org\/en\/category\/news\/\" rel=\"category tag\">News<\/a>","author_info_v2":{"name":"admin","url":"https:\/\/adcmemorial.org\/en\/author\/admin\/"},"comments_num_v2":"0 comments","amp_enabled":true,"_links":{"self":[{"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/posts\/368","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/comments?post=368"}],"version-history":[{"count":0,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/posts\/368\/revisions"}],"wp:attachment":[{"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/media?parent=368"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/categories?post=368"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/tags?post=368"},{"taxonomy":"strategy_cases","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/strategy_cases?post=368"},{"taxonomy":"campaign","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/campaign?post=368"},{"taxonomy":"archive","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/archive?post=368"},{"taxonomy":"filter-content","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/filter-content?post=368"},{"taxonomy":"regions","embeddable":true,"href":"https:\/\/adcmemorial.org\/en\/wp-json\/wp\/v2\/regions?post=368"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}