Municipalities may no longer carry out a so-called extinction policy (zero-option policy) or reduction policy aimed at limiting the number of caravan pitches. That is what the Ministry of the Interior aims to do in their new guide for the municipal caravan parking policy, which will soon be published. In its advice to the ministry, the Institute for Human Rights described the human rights framework and explained what that means in practice, for municipalities, housing corporations and the state. This advice has largely been implemented.

The Institute's advice

Living in a caravan is an essential part of the culture of Roma, Sinti and other caravan dwellers. And precisely this culture is protected by human rights, as the European Court of Human Rights has determined. In its advice, the Institute points out that the central government, local authorities and housing corporations are obliged not only to protect the culture of caravan dwellers, but also to facilitate them.

The advice is the result of several judgments the Institute has issued since 2014 about the caravan parking policy of various municipalities and corporations. In 20 of the 36 cases, the Institute concluded that certain actions or policy elements were discriminatory. After publication of the report Caravan dweller seeking pitch (in Dutch) by the National Ombudsman in 2017, with the recommendation to make the parking policy "human rights-proof", the Ministry of the Interior asked the Board how the parking policy could be brought in line with the equal treatment legislation and applicable human rights standards. In addition, the Institute held discussions with various caravan resident organizations. These experiences are incorporated in the advisory report, which includes the following points:

• Municipalities must now take into account the housing needs of caravan dwellers in the housing policy;
• To protect and facilitate the caravan culture, central government and local authorities must first map the housing needs of caravan dwellers (as in the social rental sector);
• Depending on the need, municipalities and corporations must provide sufficient places to make living in a family environment possible; municipalities and corporations must ensure a mixed location with a good mix of rental and permanent caravans;
• Municipalities must open a waiting list for sites that is accessible and transparent;
• The waiting time for a pitch for caravan dwellers must keep pace with the waiting time of people on the waiting list for a social rental home. Residents of caravans must also have a realistic view of a pitch;
• As long as there is a shortage of pitches, registered caravan residents whose (grand) parents live or lived in a caravan will be given priority over other registered persons in the allocation of a place;
• Open communication, consultation and participation of caravan dwellers themselves is essential in policy-making and implementation.

What do human rights say?

The zero-option and reduction policy that some municipalities applied or still use, which is aimed at reducing the - already scarce - number of pitches, affects the caravan culture at its core. Living in a caravan is in fact an essential part of the culture of Roma, Sinti and caravan dwellers. And precisely this culture is protected by human rights, as the European Court of Human Rights has determined. Policy that has the effect of reducing the number of people that can live in caravans and eventually making the caravan culture go extinct, is in conflict with this. This also applies to the actions of housing corporations. They have their own legal responsibility to ensure that the supply of caravans and pitches remains up to par, comparable to the supply of social rental housing. All forms of policy that aim to reduce the number of pitches and caravans while there is a need for them are in conflict with the prohibition of discrimination and the human rights of caravan dwellers.

No open-ended policy

The new guide for municipalities is a good start, but the policy now has to be implemented. Several municipalities have already started working on this. The central government has an important role, as it is primarily responsible for the results. In order to ensure that municipalities and housing corporations align their policies with the guidelines, the government will implement the human rights framework and monitor the development of the number of pitches. In addition, it is the government's task to also supervise the implementation and effective enforcement.