The European Network on Statelessness started as a joint initiative of Asylum Aid, the Equal Rights Trust, the Hungarian Helsinki Committee, the Open Society Justice Initiative, Praxis, and the Statelessness Programme at Tilburg University.

The Steering Committee of the Network met in July 2011 for the first time. Now, eleven months later, we are proud to officially launch this initiative.

The European Network on Statelessness encourages regional and international institutions to address statelessness within their respective mandates. We also urge countries in the region to adopt policies to prevent and reduce statelessness, and to provide protection to stateless persons.

In order to build capacity among policy makers and civil society organisations in Europe, the Network provides training and expert advice, as well as a forum for dedicated research, monitoring and exchange of information on statelessness.

The European Network on Statelessness is open to non-governmental organisations, research centres, academics and other individuals.

Download: European Network Statelessness Launch Announcement

…Profound understanding of rights, especially profound understanding of right to be recognized as person before the law, leads us to the conclusion that it is necessary to do something, to undertake some reform in our legal system…

OSCE Mission to Serbia, UNHCR Serbia and NGO Praxis organized the roundtable “Subsequent Registration into Birth Registry Books” on 12th December 2007 in Belgrade. The roundtable brought together the representatives of the Ministry of Interior, Ministry of Justice, Ministry of Labour and Social Policy and municipal administration bodies (administering the registry books dislocated from Kosovo) of the Republic of Serbia, as well as the representatives of non-governmental and international organizations in the region.

The roundtable was organized with the aim to point out the problems in practice in relation to conducting the procedures of subsequent registration into birth registry books of internally displaced persons (IDPs) in Serbia, and to present the solutions and good practice of other countries through comparative legal analysis, as well as to define recommendations for solving this problem in Serbia.

Praxis pointed out the obstacles IDPs in Serbia are facing in practice, in particular Roma population, in conducting the procedures of subsequent registration into birth registry books. A significant number of Roma live without personal documents, they are legally invisible and prevented from exercising their basic human rights, such as the right to health care, social welfare, education, labour, etc. Even though the country has positive obligation to recognize every human being as legal subject, as stipulated in the Constitution of the Republic of Serbia and various international documents which Serbia ratified (International Covenant on Civil and Political Rights, Universal Declaration of Human Rights, etc), the country sometimes cannot ensure the full realization of these rights to a certain number of citizens.

Praxis suggested that the issue of subsequent registration should be normatively regulated by adopting a new law or by amending the existing relevant laws. The enhancement of institutional capacities of the competent municipal administration bodies should also be supported. Praxis emphasised that only through cooperation between competent ministries, as well as networking of both governmental and non-governmental sector could a constructive and effective solution to this problem be reached.

Centre for Advanced Legal Studies from Belgrade said that Serbia was one of the countries which did not have separate laws regulating the category of legally invisible persons. The Centre stated: “We can use law as an excuse; we can say that we act in accordance with the given legal regime, but we should not say that we cannot change that legal regime or that it cannot be more effective, if it is ineffective like ours. Therefore, profound understanding of rights, especially profound understanding of right to legal subjectivity, leads us to the conclusion that it is necessary to do something, to undertake some reform in our legal system, in order to resolve the issue. Comparative legal experience confirms that it is possible. We lawyers are here to solve that problem.”

The participants of the roundtable also had the opportunity to become fully acquainted with the experience of countries in the region (Bosnia and Herzegovina, Croatia and Montenegro) regarding this matter.

At the end it was concluded that, in order to reach a solution to this problem, it is necessary to legally regulate the issue of subsequent registration into registry books of persons who are legally invisible, as well as to increase financial capacities and human resources of the municipal administration bodies in order to enable these persons to effectively exercise their basic human rights.

Praxis will continue to advocate for solution to this problem, jointly with Centre for Advanced Legal Studies, UNHCR, OSCE and other relevant organizations, with the aim to establish effective legal system in this field.

Download: Subsequent Registration in Member States of the International Commission on Civil Status

At the Roundtable, organized on 31st March 2008 by the Ministry of Public Administration and Local Self-Government on the occasion of presenting the Draft Law on Registry Books, Praxis pointed out that neither the Draft Law, nor the existing Law on Registry books offer solutions for conducting an efficient and simple procedure of subsequent registration into registry books of persons who are not recognized before the law.

Praxis has also pointed out that present legally unbearable situation, i.e. the fact that there are dozens of thousands of “legally invisible” persons, mainly Roma, living in the country, has been occupying the attention of various international and non-governmental organisations, but that their efforts to solve the problems of “legally invisible” persons by submitting individual requests were usually futile. Records show that these procedures are complicated and inefficient, and their outcome uncertain.

In order to solve the problem of "legally invisible" persons in Serbia, Praxis emphasised that a systemic legal solution should be made. In that sense, it is necessary to enable the recognition of persons before the law in a simple and efficient procedure, which would not be burdened by numerous formal legal conditions, related to both the fact of birth itself, i.e. data on one’s birth, and proving of the same fact.

New legal solutions should strike the balance between the confronted interests and values: on one side, between the need for protection of legal certainty and the need for quick and efficient recognition before the law for a great number of “legally invisible” persons, and on the other side, between the need for respecting the competence of the bodies administering the registry books and the need for providing a court mechanism for protection of human rights guaranteed by the Constitution.

Responding to Praxis’ comment, Milan Markovic, the Minister of Public Administration and Local Self-Government, said that this issue should be regulated in a separate law and that it was not within the jurisdiction of the Ministry of Public Administration and Local Self-Government.

Taking into consideration that the public debate on the Draft Law on Registry Books was open during April, Praxis also addressed the Ministry by sending its comments on the Draft Law. In its written reply to Praxis, Ministry stated that the solutions offered in the Draft Law were based entirely on basic constitutional principles and that it prescribed the adoption of by-laws that would closely regulate the aforementioned issues as well, and ensure enforcement of the Law in practice, in a way which would enable the unimpeded enjoyment of right to register into birth registry books. 

We can only conclude that the existing Law provides the same solutions, but unfortunately no by-laws have been adopted which would help solving the problem of “legally invisible” persons, nor has much been done in regards to provision of unimpeded enjoyment of right to register into birth registry books of persons who had not done so within the legally prescribed deadline. The aforementioned only goes to show that the state has not expressed any willingness to solve the problem of "legally invisible" persons.

Model Law on the Procedure for Recognition of Persons before the Law was presented at a Press Conference, held in Media Center, Belgrade, on 20th May 2008. The Model Law was drafted by the legal experts from the Centre for Advanced Legal Studies, Belgrade, as part of the Praxis' project funded by the Bureau of Population, Refugees and Migration of the US Department of State, with the support, professional knowledge and experience of UNHCR and Praxis, who are working on a daily basis on solving the problems of persons who are not recognized as persons before the law, as well as the OSCE Mission to Serbia who gave their comments and suggestions during formulating the final version of the Model Law.

United Nations Universal Declaration of Human Rights from 1948 states in Article 6 that "everyone has the right to recognition everywhere as a person before the law." The issue of recognition of persons before the law has also found its place in the Constitution of the Republic of Serbia, which prescribes in Article 37 that "every person has legal capacity".

However, according to some estimates, there are dozens of thousands of persons living in Serbia, mainly Roma, who are not recognized as persons before the law. From the legal standpoint, these persons do not exist, they are not registered into birth registry books, they are unable to enjoy their basic rights, right to health care and social welfare, right to education, they cannot participate in public life, vote, appear before courts, etc.

Experience of UNHCR, Praxis and other non-governmental organizations show that the procedures of subsequent registration into registry books of "legally invisible" persons last long and are complicated, and the outcome itself is uncertain. In most cases, state bodies refuse to recognize these persons before the law, arguing on the grounds of numerous legal regulations. According to the aforementioned, it can be concluded that it is necessary to come up with a systemic solution that would regulate the issue of subsequent registration into registry books of "legally invisible" persons.

The Centre for Advanced Legal Studies first made a comparative legal analysis of the solutions found by other countries that are also facing, or were facing, the same or similar problems, and then drafted the Model Law on the Procedure for Recognition of Persons before the Law. Subject of the Model Law are regulations referring to the procedure for recognition of persons before the law, in particular, the procedure of subsequent registration of the fact of birth into birth registry books on one side and, on the other side, the procedure for issuing a document which confirms the fact of birth before the competent court. The aim of these regulations would be providing recognition of of persons before the law in a simple and efficient procedure, which would not be burdened by numerous formal legal conditions, related to both the fact of birth itself and proving of the same fact.

The offered Model Law is certainly not sufficient to completely regulate legal status of persons who are not recognized before the law. Subsequent registration into birth registry books would only be the first, initial step in the process of full legal integration of these persons into society. In order to complete this process successfully, it is necessary to find a systemic solution in this field, make amendments to a whole set of laws which would regulate issues of permanent and temporary residence, citizen's unique personal number, issuance of ID cards, citizenship, exercising rights to health care and social welfare, etc.

Only when all obstacles that "legally invisible" persons encounter everyday in accessing their rights are removed, will the state be certain that it has fulfilled all its obligations in regards to providing equal enjoyment and protection of rights and freedoms to all persons living under its jurisdiction.

See the news from Media Center web site here.

Download (Serbian only): Model Law of the Procedure for Recognition of Persons before the Law

Download: Bill of the Procedure for Recognition of Persons before the Law

Non-governmental sector has been drawing attention of the State for years to the need of urgent resolution of the issue of “legally invisible” persons in Serbia. So far, there has been no adequate legal reaction from the State in terms of adopting amendments to the existing laws in this field, which are in practise imprecise, incomplete and inefficient. The competent State bodies thus demonstrate that they are not ready and capable of assuming responsibility for providing protection and enjoyment of basic human rights and freedoms, guaranteed by the Constitution, for certain categories of population.

For the second year in a row, the need of resolving the issue of legally invisible persons has been pointed out by the European Commission in its Serbia Progress Report. Serbia has also been warned for many years about the hard position and social exclusion of these persons by other international organizations, primarily UN bodies, Council of Europe and the OSCE. In the second decade of the 21st century, Serbia is a European country where thousands of the poorest people, mainly Roma, are still outside the legal system of the country to which they belong.

The TV feature, broadcasted on the RTS, clearly shows that competent State officials insist on the standpoint that the existing legal framework is not an obstacle for subsequent registration of the “legally invisible” persons into birth registry books. Thus, they ignore the opinion of numerous non-governmental and expert organizations which have been pointing to the fact that “legally invisible” persons cannot meet the prescribed requirements for subsequent registration in birth registry books, and that refusal to adopt amendments to the existing laws in this field represents an act of indirect discrimination of the “legally invisible” persons, prohibited by the Constitution.

The Ministry of Public Administration and Local Self-Government itself, which is, in the first place, responsible for resolution of problems of “legally invisible” persons, has been denying for years that this problem in practice exists and that it is of systemic character, but claims it to be a mere incident.  In accordance with this standpoint, the responsible Minister Markovic has also been persistently rejecting the possible legal solution to this problem which was offered to him a few years ago by the non-governmental sector. He has been refusing the dialogue with the non-governmental sector on this topic, and also refusing to offer some other, alternative systemic solution to the problem which would, in simple and efficient way, enable the “legally invisible” persons to subsequently register into the birth registry books.

We invite the State institutions to finally stop denying the fact that the problem of “legally invisible” persons in Serbia exists and we request that the competent State authorities, primarily the Government and the National Assembly of the Republic of Serbia, without delay legally regulate the procedure of subsequent registration into the birth registry books for this category of persons, as well as provide full enjoyment and protection of their other rights and freedoms.

Members of the Coalition against Discrimination are: NGO Praxis, the Center for Advanced Legal Studies, Civil Rights Defenders, Labris – Organization for Lesbian Human Rights, Anti-Trafficking Center, Network of Boards for Human Rights (CHRIS Network), Association of Students with Disabilities, Gayten LGBT and Regional Centre for Minorities.

 Download (Serbian only): Transcript of RTS TV feature Superfluous Citizens

Internship Opportunity

Research Intern 

Undergraduate or graduate students of law, political sciences or other relevant social sciences are encouraged to apply.

The intern will conduct research on subjects that fall within our five programme areas (status and socioeconomic rights, anti-discrimination, gender equality, migration, and child rights) according to our needs at the time of the internship. The intern will be expected to synthesize large amounts of information into clear and concise reports that will be used to shape our programme activities. Because of the fast paced environment of Praxis, the intern may be expected to jump into a variety of tasks, working in coordination with different sections of the organization. These might include drafting press releases or assisting with advocacy efforts. The intern may also have the opportunity to go on a field visit to assist the legal aid team.

The goal of the internship is to provide the intern with hands on experience in a human rights NGO. In addition to the research, the intern will learn about the inner workings of an NGO. The intern will work closely with their appointed supervisor to receive on the job training, develop practical skills and effectively manage tasks within the organization. While most of the internship requires strong independent work, the intern will have the opportunity to discuss issues and offer input regularly with their supervisor. It is critical that the intern is self-motivated, flexible and is good with time management.

Commitment

Duration: 4 weeks, 8 weeks, 16 weeks, 26 weeks
Hours per week: 20-30
Compensation: unpaid

The intern will be responsible for finding and securing their own accommodation and determining their visa requirements.

Qualifications

The intern should:

• Currently be enrolled at an undergraduate or graduate university in a field relevant to the work of Praxis
• Have previous experience in the field of human rights
• Be able to work well independently
• Thrive in multicultural settings
• Have strong research and writing skills
• Have strong time management and organizational skills 

Submission

Interested candidates should submit a CV, motivation letter and three letters of recommendations by email to our office.

Contact person: Jelena Petrovic

Email: This email address is being protected from spambots. You need JavaScript enabled to view it. and This email address is being protected from spambots. You need JavaScript enabled to view it.      

Download: HERE

Praxis has published the thematic report Legal Assistance for the Victims of Sexual and Gender Based Violence among the Displaced.

Download: Legal Assistance for the Victims of Sexual and Gender Based Violence among the Displaced

Praxis has published the thematic report Protection for the Displaced against  Sexual and Gender Based Violence.

Download: Protection for the Displaced against  Sexual and Gender Based Violence

A Sexual and Gender Based Violence Prevention and Response Project (SGBV) was initiated by UNHCR Belgrade towards the end of 2004, with the main goal of providing protection to victims of such violence among the refugee and IDP population, as well as to raise awareness on the issue among all relevant institutions that provide assistance and protection. Although the full scale of SGBV among this population category in Serbia and Montenegro is unknown, the level of vulnerability, sustained trauma and marginalized position in society must be taken into consideration by all actors involved, requiring a special approach when dealing with victims of SGBV among this population group.

UNHCR is the leading organization that provides protection and assistance to victims of SGBV among the refugee and IDP population, and achieves this role through direct action as well as through implementing partners.

In 2006, UNHCR entrusted this Project to Praxis, a non-governmental organization which will, in addition to the above-mentioned activities, provide in-court representation to SGBV victims.

If you come across any information regarding possible victims of SGBV, do not hesitate to contact either UNHCR or Praxis for counsel or assistance.

As part of the raising awareness campaign, Praxis will in 2006 organize six regional training sessions for beneficiaries and representatives of all relevant institutions dealing with SGBV victims. Each training session will be carried out by two highly experienced psychologists, experts who have performed numerous training sessions on the subject, and will include several municipalities thus covering a larger region and enabling a larger number of participants to benefit from the project.

Apart from defining SGBV and understanding it as a violation of human rights, it is important to acknowledge it as a social problem which requires the involvement of a number of institutions, each with a specific role and defined procedure. Having in mind the importance of a multisectoral approach to this issue, representatives from various spheres will be invited to take part and exchange useful information: members of the Ministry of Interior, judiciary, Social Welfare Centers, local health and educational institutions, the Red Cross, humanitarian organizations and NGOs, Roma, as well as refugees and IDPs and organizations that provide protection to these population groups.

With the existing need for raising awareness on SGBV, two round tables will also be organized by Praxis in 2006, targeting professionals that deal with SGBV and provide protection to victims of such violence. The goal is to raise awareness among all actors involved and shape a prevention strategy, emphasizing the particular vulnerability and specific needs of the refugee and IDP population.