39
B.
Assessment of the Committee
148. The Committee recalls that all the rights set out in the Charter,
including the right to adequate housing, must be ensured without
discrimination on any ground.
149. As regards housing for Travellers, the Committee refers to Committee
of Ministers Recommendation No. (2005) 4 on improving the housing
conditions of Roma and Travellers in Europe, which states, inter alia, that
Member States should ensure that, within the general framework of their
housing policies, integrated and appropriate housing policies targetting Roma
and Travellers are developed.
150. The Committee also recalls that as regards evictions these must be
justified and carried out in conditions that respect the dignity of the persons
concerned, and that alternative accommodation should be made available
(see Conclusions 2003, Article 31§2, France). When confronted with Roma or
Traveller settlements of undefined legal status, public authorities should make
every effort to seek solutions acceptable for all parties, in order to avoid
situations in which Roma and Travellers are in danger of being excluded from
access to services and amenities to which they are entitled as citizens of the
state where they live.
151. The Committee notes that legislation on settlements/stopping places
for Travellers was adopted in 2000 (the Reception and Accommodation of
Travellers Act, No. 2000-614 of 5 July 2000). The legislation requires
municipalities with over 5,000 residents to prepare a plan for the setting up of
permanent camp sites for Travellers. However, the Committee also notes that
the Act has only implemented in a minority of the municipalities concerned.
The Government in its written submissions acknowledges that there is a delay
in the implementation of the departmental schemes for the reception of
Travellers and estimates that there is a deficit of around 41 800 places. The
Committee finds that the delay in implementing the above-mentioned Act is
regrettable, since it compels Travellers to make use of illegal sites and
therefore exposes them to the risk of forcible eviction under the 2003 Act on
internal security.
152.
In this respect, the Committee notes from a recent joint statement by
Council of Europe Commissioner for Human Rights Thomas Hammarberg and
UN Special Rapporteur on the Right to Adequate Housing Miloon Kothari, that
there has been an increasing number of complaints on the abuse of housing
rights of Roma in several European countries, including in France. Most of the
complaints are related to evictions of Roma communities and families which
have been carried out in violation of human rights standards especially as
regards the right to adequate housing and privacy, procedural guarantees and
remedies.
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