The European Union has called into question the legality of France’s expulsion of Roma migrants.

In August France expelled 1,000 Roma from illegal camps around the country. It brings the total this year to nearly 9,000. President Nicolas Sarkozy blames the Roma for a rise in crime. But critics accuse him of using the issue to boost his flagging popularity before elections in 2012.

The EU has asked France to show that its crackdown on crime is not limited to the Roma alone. The legality of the expulsions centres on the conditions under which the Roma are being sent back rather than the fact that they are being returned. EU Commissioner for Justice Viviane Reding said:

“It is clear that those who break the law need to face the consequences. It is equally clear that nobody should face expulsion just for being Roma.”

As EU citizens, the Roma are free to live in any EU state for up to three months but can only stay longer if they have a job and contribute to the social security programme.

France claims that the returns are voluntary and has offered 300 euros to Roma who agree to leave. But the EU says such payments do not waive the bloc’s rules on the free movement of citizens, non-discrimination and the rights of those belonging to minorities.

The Executive Director of the European Roma Rights Centre, Robert Kushen says Roma are being coerced to accept the French offer. In an interview with IJT he asks:

“Is this French action that singles out a group of people on the basis of ethnicity consistent with European ideals or European law? I don’t think so.”

The United Nations Committee on the Elimination of Racial Discrimination has told France to avoid “collective repatriations” and work towards “lasting solutions.”

Listen to an interview with Executive Director European Roma Rights Centre Robert Kushen