The Roma, pretexts to remove the S status of Ukrainians

The S status granted to Ukrainian refugees has become a very sensitive issue in the canton of St. Gallen. We must go back to the day after the launch of the Russian offensive against Ukraine on February 24, 2022. The federal department of justice and police was then headed by Federal Councilor Karin Keller-Sutter, elected PLR from the canton of Saint-Gall, who defended the establishment of S status, facilitating asylum for Ukrainian nationals.

After her election to the Federal Council at the beginning of 2019, she was replaced by a UDC elected official, Esther Friedli (UDC/SG). The latter passed a motion last Monday to restrict access to S status only to people who come from regions in conflict or close to the fighting.

The Council of States also accepted on Monday a motion from the other Saint-Welsh member of the Chamber of Cantons, elected from the Center, Benedikt Wüurth (C/SG). It requests that Switzerland withdraw or not renew the S status if the person concerned leaves Switzerland for a certain period (15 days), if they have benefited from return assistance or similar assistance or if they have obtained S status improperly.

But it’s not over. The Council of States will have to decide on Monday, December 16 on an initiative from the canton of Saint-Gall, voted largely by its Grand Council, which calls for purely and simply abolishing S status for Ukrainian refugees. Why are there so many problems in this canton with these refugees?

The reason: the proportion of Roma among them. In the spring, this issue hit the headlines in German-speaking Switzerland. Even if there are no official figures, information relayed by the media and taken up by the canton’s initiative “indicates that half of the people who have obtained protection status S in the canton of Saint-Gall since November 2023 are Roma. Many of them speak neither Ukrainian nor Russian and have not lived in Ukraine permanently.

The canton also criticizes certain Roma families for repeated comings and goings between Switzerland and abroad “sometimes even benefiting from return assistance”. The people of Saint Gall have more than the impression “that a growing number of Roma are benefiting from protection status S, which can be considered generous”.

Faced with the media outpouring, the Federal Commission against Racism analyzed the accusations made against the Roma in Ukraine, the vast majority of whom come from Transcarpathia, where they are already heavily discriminated against. In May, it released its conclusions: “There is no evidence that the Roma bought Ukrainian passports to improperly obtain S status and take refuge in Switzerland. Clearly, current debates are tinged with racist and discriminatory stereotypes and prejudices against the Roma. This is worrying, because the Roma, already stigmatized in Ukraine, continue to be stigmatized in Switzerland.”

The commission concludes: “Ukrainian Roma are entitled to the same protection as all other Ukrainians. The SEM must naturally assess on a case-by-case basis that the conditions for obtaining S status are met and that there is no abuse, whether it concerns Ukrainians from Roma communities or the majority population.

Last October, the Committee on State Political Institutions took a position on the initiative of the canton of St. Gallen: “The committee has heard and shares the concerns expressed by the canton of St. Gallen. She is particularly sensitive to the difficulties that municipalities face due to the high turnover among S status beneficiaries, with frequent departures and returns which create problems in terms of housing and schooling for children.

Its majority, however, recommends not supporting it. She considers that the scope of the Saint-Welsh text is unclear: “We do not know what is supposed to happen to people who have already obtained S status. A removal of this status for people who are already in Switzerland would create great legal uncertainty and would give rise to very significant administrative work.