By. Deny Dobobrov - Advocate for Roma Rights | Diplomatic Leader in International Relations | Accredited by UN & European Parliament

Introduction

The essay discusses the multifaceted identity crisis faced by the Roma people, presenting a comprehensive argument that the lack of autonomy and self-determination is a significant barrier to their socioeconomic progress. It emphasizes the need for the Roma to be recognized as a non-territorial nation, which would afford them the rights and protections necessary to improve their conditions. The essay is directed at diplomats, government officials, and members of parliament, encouraging them to consider the systemic issues contributing to the Roma's marginalized status.

Historical and Ongoing Statelessness

The identity crisis of the Roma is deeply rooted in historical and ongoing factors. The Roma are descendants of populations originating in Northern India who, around 1000 AD, were forced out by an expanding Islamic empire and possibly periods of famine. The Romani language, an Indic language, has been modified by various external influences as the Roma migrated westward, settling in Persia, Turkey, Greece, and eventually throughout Europe.

The collapse of the former Yugoslavia left many Roma stateless, as new successor states viewed them as belonging elsewhere, regardless of their long-term residency. Slovenia's restrictive citizenship laws resulted in thousands of Roma being erased from the Register of Permanent Residents, rendering them stateless. This bureaucratic erasure has left countless Roma without any legal status, unable to access basic rights and services.

In Italy, many Roma families live without citizenship, deprived of basic civil, political, economic, and social rights due to complex and inaccessible legal procedures for recognizing statelessness. A study revealed that a significant number of Roma desire citizenship but are hindered by bureaucratic obstacles and lack of information. Such bureaucratic hurdles are not just administrative issues but deliberate obstructions that perpetuate the marginalization of the Roma.

India and the Ancestral Connection

The Roma trace their origins back to India, yet India does not recognize them as its own. This disconnect further complicates the Roma's quest for a cohesive identity. As a result, the Roma remain a people without a homeland, struggling to assert their ethnic identity and secure their rights on the international stage. This lack of recognition from their ancestral homeland exacerbates their statelessness, leaving them vulnerable and without a nation to claim them.

Socioeconomic Challenges

The stateless status of many Roma exacerbates their socioeconomic challenges. Without citizenship, they are often excluded from essential services such as healthcare, education, and legal protection. In Russia, for example, Roma people face systematic racial discrimination and exclusion from public services due to the lack of personal documents. Such exclusion is a violation of their fundamental human rights and further entrenches their socio-economic marginalization.

Universal Declaration of Human Rights and Statelessness

The Universal Declaration of Human Rights states that "Everyone shall have the right to recognition everywhere as a person before the law." Various international organizations estimate that there are approximately 680,000 stateless persons residing in Europe today; a relatively large number of them are ethnic Roma without basic documents, such as a birth certificate, identity card, or passport to prove their identity, legal status, and citizenship. Many Roma were born outside of hospitals and thus are not able to prove their actual birth in order to obtain birth certificates.

Without these essential documents, Roma individuals face severe limitations: they cannot enroll in school, access healthcare, vote, or legally work. This lack of identity papers perpetuates a cycle of poverty and exclusion, depriving Roma children of their right to education and healthcare, and adults of their right to work and participate fully in society.

Internal Self-Determination and Roma Identity

Autonomy, self-governance, and the right to an identity are the driving motivations for individual self-determination. The Roma are an isolated people strengthened by their community bonding and are driven by their identity as Roma over being associated with a nation. They are classified and identified as a group of people, often rendered as “stateless people” in Europe, emphasizing the need for recognition as a “Nation of People.”

The Right to Nationality

A nationality means a people having a common origin, tradition, and language and capable of forming or constituting a nation-state. Article 15 of the 1948 Universal Declaration of Human Rights states: “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

The Roma, as a stateless nation, have the right to internal self-determination, which is the right of the people of a state to govern themselves without outside interference. This means they do not seek independence or secession from their respective countries of residence but require recognition of their unique identity and rights within those nations.

International Legal Framework Supporting Self-Determination

International instruments and mechanisms protecting self-determination include:

• Article 1(2), Charter of the United Nations
• Articles 1 and 12, International Covenant on Civil and Political Rights
• Article 1(1), International Covenant on Economic Social and Cultural Rights
• Convention on the Elimination of All Forms of Racial Discrimination
• General Recommendation No.21 on Right to Self-Determination, Committee on the Elimination of Racial Discrimination
• Article 29, Convention on the Rights of the Child
• Convention on the Prevention and Punishment of the Crime of Genocide
• General Comment No.12 on Self-Determination, Human Rights Committee
• Article II, Resolution 260A(III) on the Convention on the Prevention and Punishment of the Crime of Genocide, General Assembly
• ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, No. 169
• Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States
• Declaration on the Granting of Independence to Colonial Countries and Peoples
• Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
• Resolution 1803 (XVII) of 14 December 1962, ‘Permanent Sovereignty over Natural Resources’, UN General Assembly
• The EU Charter of Fundamental Rights
• Copenhagen Criteria for EU Accession

Enhancing the Argument: Lack of Autonomy and Socioeconomic Disparities

The Roma's socioeconomic challenges are not merely a result of their statelessness but also their lack of autonomy in decision-making processes that affect their communities. The EU Framework for National Roma Integration Strategies has been criticized for its ineffectiveness and lack of resources at the member state level. This framework, although well-intentioned, falls short of addressing the real needs of the Roma communities because it does not empower them with the autonomy to govern their internal matters.

Currently, the Roma's representation is limited to NGOs and grassroots advocacy at local levels. These efforts, while valuable, are insufficient in the absence of a cohesive and empowered national strategy led by the Roma themselves. If the Roma were included in decision-making processes and given the authority to manage their internal affairs, the implementation of strategies and the allocation of resources would be more efficient and effective.

Conclusion

The identity crisis faced by the Roma is a complex issue rooted in historical, legal, and socioeconomic factors. Addressing this crisis requires a unified, global approach that recognizes the Roma as a non-territorial nation and provides them with the legal status and protection they need. By doing so, we can begin to dismantle the systemic barriers they face and affirm their identity and rights on the international stage.