Abstract
This chapter focuses on inter-cultural mediation as an interesting example of positive action for Roma. Inter-cultural mediators play a proactive and positive role in the promotion of Roma inclusion, which distinguishes them from mediators in the traditional sense of the word. Through the development of a trust relationship between Roma and public institutions and society more generally, awareness and understanding is raised about discrimination against Roma and of cultural difference between Roma and non-Roma and the interests of Roma are promoted. It is argued that inter-cultural mediation offers promising prospects by taking a sectorial, bottom-up approach to tackling the multifarious and multidimensional issues faced by members of this ethnic minority, thereby making it possible to take the specific situation and needs of local Roma communities into account. By doing so, it constitutes a very powerful instrument in the promotion of real change for Roma. Whereas different factors may limit the impact of mediators’ work, training and institutional consolidation of inter-cultural mediation can help to overcome some of these challenges. Some examples of inter-cultural mediation in the areas of education and health help to gain insight into the practical application of positive action. This chapter also stresses the importance of adopting a gender approach to Roma mediation.
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Notes
- 1.
- 2.
In Chap. 5, the author stressed the added value of engaging enumerators of Roma origin, such as Roma teaching assistants or health mediators, in data collection efforts on Roma communities and of raising awareness among these communities about the importance of such practices and among non-Roma about Roma culture to encourage constructive dialogues. The importance of awareness-raising among Roma and non-Roma communities and active participation of Roma, non-Roma and local authorities were identified as two key principles in ethnic data collection practices on Roma in Chap. 5 (Sects. 5.8.1 and 5.8.2).
- 3.
This example was given in relation to strict quotas for Roma in higher education. The need for ethnically disaggregated data on Roma when implementing positive action for this ethnic minority was highlighted in Chap. 9 (Sect. 9.2.3). It was explained in Chap. 6 (Sect. 6.3.4.2) that data needs depend on the type of positive action. The different types of positive action were introduced in Chap. 6 (Sects. 6.2.2–6.2.4). A similar argument was made in Chap. 5 on the importance of awareness-raising among Roma (Sect. 5.8.1) and on the need for active participation of Roma (Sect. 5.8.2) in ethnic data collection practices.
- 4.
See Sect. 11.2 on the proactive and positive role that mediators play in the facilitation of Roma inclusion. See also Chap. 5 (Sect. 5.8.2), where it was stressed that involving Roma in data collection practices enhances trust, which may increase self-identification rates among Roma and so also the reliability of the data.
- 5.
The particular vulnerability of Roma in current and former times was addressed in Chap. 1 (Sects. 1.2.1 and 1.2.2). See also Chap. 1 for an introduction to intersectional discrimination (Sect. 1.2.3) and on the importance of respecting Roma identity when promoting Roma inclusion (Sect. 1.2.4). Foyer (2009), p. 3.
- 6.
See Chap. 6 for an overview of the varying understandings of the notion positive action (Sect. 6.1.1) and for insight into positive action as proportional and temporary group-based measures (Sect. 6.1.2). Inter-cultural mediation constitutes a proactive measure that takes the specific situation and needs of Roma into account, thereby corresponding more to a substantive approach than with a formal approach to equality. For an exploration of the limits of the traditional approach to equality and an explanation as to why positive action fits better within a substantive approach to equality, see Chap. 6 (Sect. 6.1.4.).
- 7.
- 8.
- 9.
For instance, the Swedish NRIS is mentioned in this regard, see: Lipott (2012), p. 92. Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), recital 9. Rus et al. (2016), p. 9.
- 10.
See, among others: Resolution 333 of the Congress of Local and Regional Authorities on the situation of Roma in Europe: a challenge for local and regional authorities (19 October 2011), art. 10(d). Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012). Recommendation CM/Rec(2008)5 of the Committee of Ministers to Member States on policies for Roma and/or Travellers in Europe (20 February 2008). Recommendation 11 of the Congress of Local and Regional Authorities of Europe towards a tolerant Europe: the contribution of Roma (Gypsies) (31 May 1995), paras. 6(ii), (xv) and (xvi). Liégeois (2012), pp. 3 and 4.
- 11.
Resolution 1740 of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe (22 June 2010), arts. 15.10, 16.3, 18.4 and 19.2.
- 12.
- 13.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), The Committee of Ministers already advocated the use of Roma mediators in previous recommendations. See: Recommendations CM/Rec(2009)4 of the Committee of Ministers to Member States on the education of Roma and Travellers in Europe (17 June 2009), paras. 15 and 20 to 22. Recommendation CM/Rec(2008)5 of the Committee of Ministers to Member States on policies for Roma and/or Travellers in Europe (20 February 2008), para. 3. Recommendation CM/Rec(2006)10 of the Committee of Ministers to Member States on better access to health care for Roma and Travellers in Europe (12 July 2006), arts. 2(xiv), 4(i) and 4(iv). Recommendation CM/Rec(2000)4 of the Committee of Ministers to Member States on the education of Roma/Gypsy children in Europe (3 February 2000), arts. 5 and 19.
- 14.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), recital 3.
- 15.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), recital 3. As will be explained in Sect. 11.3.1, mutual understanding and effective communication build trust.
- 16.
- 17.
De Vos (2007), p. 42.
- 18.
CoE Strasbourg Declaration on Roma (20 October 2010), paras. 33 to 35.
- 19.
- 20.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), recital 9. Deák (2013).
- 21.
Deák (2013).
- 22.
Liégeois (2012), p. 2.
- 23.
Steffek (2012), p. 1.
- 24.
Section 11.3 will expand on the role and tasks of the inter-cultural mediator.
- 25.
- 26.
- 27.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), recital 5. European Commission (2012), pp. 29, 33 and 38. Kruispunt Migratie-Integratie (2011), p. 5. Deák (2013).
- 28.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), art. 1.
- 29.
- 30.
- 31.
- 32.
- 33.
Rus et al. (2016), pp. 14 and 63.
- 34.
Id. at p. 11.
- 35.
Recommendation CM/Rec(2008)5 of the Committee of Ministers to Member States on policies for Roma and/or Travellers in Europe (20 February 2008), para. 3(i).
- 36.
- 37.
- 38.
Id.
- 39.
See, for example: Recommendations CM/Rec(2009)4 of the Committee of Ministers to Member States on the education of Roma and Travellers in Europe (17 June 2009), para. 15. Recommendation CM/Rec(2008)5 of the Committee of Ministers to Member States on policies for Roma and/or Travellers in Europe (20 February 2008), para. 3(i). Foyer (2009), p. 6.
- 40.
Kruispunt Migratie-Integratie (2011), p. 4.
- 41.
- 42.
- 43.
- 44.
- 45.
Foyer (2009), p. 6.
- 46.
- 47.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), art. 1. The importance of active participation of all relevant stakeholders in positive action was emphasised in Chap. 6 (Sect. 6.3.2) and Chap. 9 (Sect. 9.2.4).
- 48.
- 49.
Rus et al. (2016), p. 11.
- 50.
Id. at p. 14.
- 51.
Id.
- 52.
Deák (2013).
- 53.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), art. 1.
- 54.
- 55.
ROMED1 focuses on real inter-cultural mediation. The handbook mentions two other types of mediation: (1) the Trojan Horse, where “the mediator is an instrument of the institution, having as mission to reach out to the community with the aim of changing its attitudes and behaviours”; and (2) the community activist, where “the mediator is perceived as a representative of the community, fighting against the institution, for the rights of the Roma”. Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), art. 2. Rus et al. (2016), pp. 11 and 61. Foyer (2009), p. 3.
- 56.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), art. 2.
- 57.
Id.
- 58.
- 59.
Liégeois (2012), p. 2.
- 60.
Rus et al. (2016), p. 121.
- 61.
- 62.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), art. 1. As will be explained in Sect. 11.5 when reviewing the challenges to inter-cultural mediation, problems may arise with the lack of independency of the mediators and their role may be misused.
- 63.
Recommendation CM/Rec(2008)5 of the Committee of Ministers to Member States on policies for Roma and/or Travellers in Europe (20 February 2008), para. 3(i).
- 64.
Actively participation of all stakeholders in positive action was highlighted in Chap. 6 (Sect. 6.3.2). Furthermore, the lack of consultation and participation of local communities was also identified in Chap. 9 (Sect. 9.2.4) as one of the challenges that limit positive action measures for Roma from reaching its full potential. WHO (2013), p. 18.
- 65.
For more on the importance of a bottom-up approach to Roma inclusion, see Chap. 9 (Sect. 9.2.4) on the importance of active participation of local communities in positive action for Roma, and Chap. 10 (Sect. 10.1) on the need for a sectorial, bottom-up approach when adopting, implementing, monitoring and evaluating positive action measures for Roma. See also Chap. 6 on the enhancement of culture by promoting diversity as the second aim of of positive action (Sect. 6.4.2) and on active participation of all relevant stakeholder as a prerequisite for effective positive action schemes (Sect. 6.3.2).
- 66.
- 67.
Geurts (2008).
- 68.
Hemelsoet (2011, p. 13) discusses mediation in primary education, but acknowledges that the same practice could be transplanted to other areas if the specific social context in which the measure is to be implemented, is respected.
- 69.
Kruispunt Migratie-Integratie (2011), p. 6.
- 70.
- 71.
- 72.
The role and tasks of the inter-cultural mediation were described in Sect. 11.3.
- 73.
Rus et al. (2016), p. 61.
- 74.
Id. at p. 104.
- 75.
- 76.
It was explained in Sect. 11.3.2 that mediators foster interaction and improve active co-operation between Roma and non-Roma. See also Sabbagh’s deracialisation argument, which was explained generally in Chap. 6 (Sect. 6.4.1) on the remedial aim of positive action and applied to the Roma minority in Europe in Chap. 9 (Sect. 9.1.2.1).
- 77.
Openbaar Centrum voor Maatschappelijk Welzijn Beveren, Sint-Niklaas and Temse (2015), pp. 7 and 8.
- 78.
- 79.
- 80.
- 81.
Rus et al. (2016), p. 73.
- 82.
- 83.
Rus et al. (2016), p. 73.
- 84.
Id.
- 85.
The project started in 2001 and focuses on Bulgaria, Macedonia, Romania, Serbia, Slovakia and Ukraine. Open Society Foundations (2011), p. 7.
- 86.
Id.
- 87.
- 88.
- 89.
- 90.
- 91.
Deák (2013).
- 92.
- 93.
- 94.
- 95.
- 96.
- 97.
- 98.
Rus et al. (2016), p. 61.
- 99.
- 100.
- 101.
Rus et al. (2016), p. 61.
- 102.
Foyer (2009), p. 4.
- 103.
Rus et al. (2016), p. 61.
- 104.
- 105.
In February 2019, the Former Yugoslav Republic of Macedonia was officially renamed the Republic of North Macedonia. Rus et al. (2016), p. 9.
- 106.
Deák (2013).
- 107.
Recommendation CM/Rec(2008)5 of the Committee of Ministers to Member States on policies for Roma and/or Travellers in Europe (20 February 2008), para. 3(i).
- 108.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), art. 3.
- 109.
Id.
- 110.
Recommendation 11 of the Congress of Local and Regional Authorities of Europe towards a tolerant Europe: the contribution of Roma (Gypsies) (31 May 1995), para. 6(xvi).
- 111.
CoE Strasbourg Declaration on Roma (20 October 2010), paras. 33 to 35 and 46.
- 112.
ROMED1 (Mediation for Roma) ran from July 2011 to April 2013. Over 1.300 mediators in 24 countries completed the training. ROMED2 (Democratic governance and community participation through mediation) started in 2012 and focuses on improving the working environment of the mediators and the participation of Roma communities to bring them closer to local decision making. ROMED2 runs simultaneously with the ROMACT programme that aims at building local level political commitment and policy capacity to improve accountability at the local level. The final conference of Mediation4Roma took place on 20 October 2015. For more information, see the webpages of these programmes: coe-romed.org, coe-romact.org. mediation4roma.eu (Accessed 28 January 2019). Thematic Action Plan for the Inclusion of Roma and Travellers (2016–2019) of the Committee of Ministers (2 March 2016). Liégeois (2012).
- 113.
CoE (2012). The code puts down ten rules for mediators: (1) respects the human rights and the dignity of all persons and acts with honesty and integrity in performing his/her duties; (2) works to ensure equal access to rights while respecting legal requirements and administrative procedures; (3) is responsible to help those concerned find mutually satisfactory solutions but does not have the responsibility to provide solutions to all problems raised by beneficiaries or by the staff of the institution; (4) s proactive, has prompt reactions and develops sound prevention activities; (5) keeps confidentiality of the information obtained in the course of professional activities; (6) does not use his/her role and power to manipulate or to harm others; (7) respects the traditions and culture of the communities, provided that they are compatible with the key principles of human rights and democracy; (8) will treat all community members with equal respect and disclose publicly situations of conflict of interests; (9) makes a clear distinction between professional and private activities; (10) collaborates with other mediators and with other professionals.
- 114.
Rus et al. (2016), p. 9.
- 115.
Deák (2013).
- 116.
For instance, the CoE published a Guide of Roma school mediators/assistants. See: Rus and Zatreanu (2009). Rus et al. (2016), pp. 15 and 42. The introduction to Sect. 11.7, which will cite some best practices of inter-cultural mediation in different areas, will provide further insight in the different types of mediators that exist.
- 117.
Rus et al. (2016), p. 23.
- 118.
- 119.
Resolution 1740 of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe (22 June 2010), art. 18.4.
- 120.
See Sect. 11.8 on the importance of adopting a gender approach to inter-cultural mediation in the Roma context.
- 121.
The latter are so-called multi-sector or community mediators. Their work is also referred to as transversal work with various local institutions in different fields. ROMED1 foresees training modules for both specialised mediators and multi-sector or community mediators. Rus et al. (2016), pp. 11 and 15. Reference to different types of mediators was first made in Sect. 11.6 on the importance of training.
- 122.
Resolution 1740 of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe (22 June 2010), art. 16.3.
- 123.
Recommendation CM/Rec(2000)4 of the Committee of Ministers to Member States on the education of Roma/Gypsy children in Europe (3 February 2000), art. 5.
- 124.
Recommendation CM/Rec(2000)4 of the Committee of Ministers to Member States on the education of Roma/Gypsy children in Europe (3 February 2000), arts. 5, 19 and 20. Recommendation CM/Rec(84)18 of the Committee of Ministers to Member States on the training of teachers to an education for inter-cultural understanding, notably in a context of immigration (25 September 1984), para. 3.
- 125.
CoE Strasbourg Declaration on Roma (20 October 2010), para. 33.
- 126.
Ringold et al. (2005), pp. 172 and 173.
- 127.
Recommendations CM/Rec(2009)4 of the Committee of Ministers to Member States on the education of Roma and Travellers in Europe (17 June 2009), paras. 15 and 20.
- 128.
- 129.
The Roma help Roma programme (Hungary) and the Roma Cultural Mediation Project (Ireland) were funded by the European Social Fund within the framework of EU programmes such as the EQUAL Community Initiative (2000–2008). European Network of Equality Bodies (2014), p. 39. Foyer (2009), pp. 4 and 5. De Vos (2007), p. 42. European Network against Racism (2007), p. 15.
- 130.
European Commission (2009), p. 41.
- 131.
Deák (2013).
- 132.
- 133.
- 134.
Hemelsoet (2011), p. 12.
- 135.
Id.
- 136.
Roma Education Fund (2009), p. 55. It was explained in Sect. 11.4 that inter-cultural mediation can promote real change. The different notions used to refer to inter-cultural mediators in the Roma context were cited in Sect. 11.2. The pedagogical aim of positive action was presented in Chap. 6 (Sect. 6.4.4).
- 137.
The different steps and conditions of inter-cultural mediation were described in Sect. 11.3.
- 138.
Helakorpi et al. (2019), pp. 1–17.
- 139.
Helakorpi et al. (2019, p. 17) conclude that “(t)he mediator practice would greatly profit from an analysis of how power relations function in schools, as well as analysis of how racism and difference is produced in schools.” Without such an analysis, “there is significant risk that the current discriminatory structures and various political processes propelling them will become invisible and will be reduced to matters of individual attitudes and relations”.
- 140.
Resolution 1740 of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe (22 June 2010), art. 119.2. Recommendation CM/Rec(2006)10 of the Committee of Ministers to Member States on better access to health care for Roma and Travellers in Europe (12 July 2006), arts. 2(xiv) and 4. CoE Strasbourg Declaration on Roma (20 October 2010), para. 35.
- 141.
Recommendation CM/Rec(2006)10 of the Committee of Ministers to Member States on better access to health care for Roma and Travellers in Europe (12 July 2006).
- 142.
PHARE provided funding to Central and Eastern European countries during the accession phase. For more information on the Bulgarian project, see: CoE (2013).
- 143.
WHO (2013).
- 144.
- 145.
WHO (2013), pp. 4, 6, 7 and 13–15.
- 146.
Corsi et al. (2010), p. 134.
- 147.
- 148.
WHO (2013), pp. 16–18. Problems with funding of inter-cultural mediation for Roma was cited in Sect. 11.5 and the importance of training was highlighted in Sect. 11.6. See also Chap. 9 (Sect. 9.2.5), where it was explained that inadequate and short-term funding limits long-term effects of positive action measures for Roma. Also regarding Roma health mediation in Romania, more specifically in relation to family planning, Kühlbrandt (2019, pp. 1–10) warns that interventions focusing on the promotion of Roma communities’ emancipation may not entrench the racially fused assumptions that are connected to inequalities of access to reproductive health care faced by Roma (e.g. discrimination by health professionals; enrolment in the social health insurance system). Health mediators need secure employment contracts, better training and adequate support networks.
- 149.
European Commission (2014).
- 150.
Id.
- 151.
- 152.
- 153.
Corsi et al. (2010), p. 134.
- 154.
Id. at pp. 135 and 136.
- 155.
Id.
- 156.
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012), recital 11.
- 157.
- 158.
Corsi et al. (2010), pp. 134 and 135.
References
Legal Instruments
European Union
Council Recommendation on effective Roma integration measures in the Member States (9 December 2013) OJ 2013/C 378/1
Non-Legally Binding Instruments
Council of Europe
Council of Europe Strasbourg Declaration on Roma (20 October 2010) CM(2010)133 final
Recommendation 11 of the Congress of Local and Regional Authorities of Europe towards a tolerant Europe: the contribution of Roma (Gypsies) (31 May 1995)
Recommendation CM/Rec(84)18 of the Committee of Ministers to Member States on the training of teachers to an education for inter-cultural understanding, notably in a context of immigration (25 September 1984)
Recommendation CM/Rec(2000)4 of the Committee of Ministers to Member States on the education of Roma/Gypsy children in Europe (3 February 2000)
Recommendation CM/Rec(2006)10 of the Committee of Ministers to Member States on better access to health care for Roma and Travellers in Europe (12 July 2006)
Recommendation CM/Rec(2008)5 of the Committee of Ministers to Member States on policies for Roma and/or Travellers in Europe (20 February 2008)
Recommendations CM/Rec(2009)4 of the Committee of Ministers to Member States on the education of Roma and Travellers in Europe (17 June 2009)
Recommendation CM/Rec(2012)9 of the Committee of Ministers to Member States on mediation as an effective tool for promoting respect for human rights and social inclusion of Roma (12 September 2012)
Resolution 333 of the Congress of Local and Regional Authorities on the situation of Roma in Europe: a challenge for local and regional authorities (19 October 2011)
Resolution 1740 of the Parliamentary Assembly on the situation of Roma in Europe and relevant activities of the Council of Europe (22 June 2010)
Thematic Action Plan for the Inclusion of Roma and Travellers (2016-2019) of the Committee of Ministers (2 March 2016) SG/Inf(2015)38-final
European Union
Commission Communication, An EU Framework for National Roma Integration Strategies up to 2020 (5 April 2011) COM(2011) 173 final
General Comments and Recommendations
European Commission Against Racism and Intolerance
General Policy Recommendation No. 13: Combating Anti-Gypsyism and Discrimination against Roma (24 June 2011) CRI(2011)37
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Van Caeneghem, J. (2019). Inter-Cultural Mediation to Enhance Roma Inclusion. In: Legal Aspects of Ethnic Data Collection and Positive Action. Springer, Cham. https://doi.org/10.1007/978-3-030-23668-7_11
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DOI: https://doi.org/10.1007/978-3-030-23668-7_11
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Publisher Name: Springer, Cham
Print ISBN: 978-3-030-23667-0
Online ISBN: 978-3-030-23668-7
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