On 11 March 2013, the Constitutional Court reached the decision on rejecting the initiative for the initiation of procedure for assessment of constitutionality and legality of the provisions of Articles 6, 23, 25, 26, 45, 50, and 89 of the Law on Registry Books and incompliance with generally accepted rules of the international law and ratified international treaties.

Specifically, in July 2011, Centre for Advanced Legal Studies and Praxis submitted the initiative for the assessment of constitutionality of the Law on Registry Books – provisions referring to subsequent birth registration in birth registry books to the Constitutional Court of Serbia, as they considered that disputable provisions put legally invisible persons into unequal position and that conditions for subsequent registration of birth were such that many members of Roma population could not fulfill them. Therefore, it was pointed that provisions of the Law on Registry Books regulating the procedure of subsequent birth registration represented direct discrimination. In addition, it was required to determine that stated provisions were not in accordance with the Article 21 of the Constitution which prohibits any discrimination and guarantees the same legal protection to all.

The Constitutional Court has assessed that there was no grounds for the initiation of the procedure and it rejected the initiative as unacceptable. The explanation of the decision of the Constitutional Court is based on the view that the impossibility of factual application of lawfully prescribed rules to certain categories of persons who, due to the existing living circumstances are not able to provide data necessary for birth registration, could not be eliminated by the end of the validity of disputed provisions of the Law on Registry Books based on the decision of the Constitutional Court, because the adoption of such decision would create legal vacuum. Instead, the Court said that “(elimination (…) of the problem of so-called “legally invisible persons” is, according to the court, legally (…) possible only by prescribing special legal rules for these categories of persons and thus eliminate every legal and lawful possibility of their indirect discrimination in the legal system of the Republic of Serbia”. The explanation of the decision further states that after considering the problems of legally invisible persons the legislator has acted in that way in the meantime and adopted the Law on the Amendments to the Law on Non-Contentious Procedure (as of 31 August 2012), and prescribed special rules for determination of time and place of the birth of persons who cannot register in birth registry books on the basis of the law regulating the administering of registry books. As the mentioned regulation was already adopted at the time of adoption of decision of the Constitutional Court on the occasion of the initiative, the Court did not further consider the assessment of regime of subsequent registration in birth registry books that was in force before the adoption of the Law on Amendments to the Law on Non-Contentious Procedure or the assessment of compliance of that regime with the Article 21 of the Constitution.

However, unlike the bodies which the submitters of the initiative addressed prior to the initiation of the procedure before the Constitutional Court, the Constitutional Court paid special special attention to factual inequality, that is the impossibility to factually apply the laws that are the same for all to certain categories of persons. Even though it determined that solution of the problem of legally invisible persons exceeds the limits of its jurisdiction, the Court has recognized their problems and the need to prescribe special rules in order to solve those problems. Finally, by explaining the “justifiability of the need to introduce a special a manner of exercise of primarily status rights of so-called “legally invisible persons”, the Court pointed at the case of “the deleted” and the judgment of the Grand Chamber of the European Court of Human Rights in the case Kuric against Slovenia which determined the violation of Article 8, Article 13 and Article 14 of the European Convention on Human Rights for difficulties which these persons suffered due to impossibility to regulate status issues after being deleted from the Registry of permanent residence holders of the Republic of Slovenia.

Download: Initiative for the initiation of procedure for assessment of constitutionality and Decision of the Constitutional Court

According to Amnesty International annual human rights report, discrimination, hate crimes and nationalistic rhetoric are still prevalent.

According to Danilo Curcic, a legal analyst at Praxis, an NGO in Belgrade that aims to promote, protect and improve human rights, the poor economic situation in Serbia was the main reason such a large number of Roma claimed asylum in the EU.

"But broadcasting the news that the biggest number of Serbian citizens who are asking for asylum are Roma, and putting them into separate group … could be really dangerous and cause negative connotation, discrimination or even some violence," Curcic told SETimes.

The most violated Roma rights in Serbia are basic economic and social rights, especially the right to adequate housing and to personal documents, Curcic said.

A better approach by social institutions, especially with those who have been rejected when they asked for asylum, would help solve the problem, he added.

Read the whole news on SETimes.com

As part of the Project “Equal Chance for Better Prospects, Strengthening Roma People in Combating Discrimination,” implemented by the Office of the Commissioner for Protection of Equality of the Republic of Serbia, in cooperation with Praxis a public discussion was held for members of the Roma community in Subotica. Organization of the discussion is a part of the information and education campaign of the Commissioner aimed at raising awareness and empowering the Roma to combat discrimination. The public discussion was held in the office of the organization Roma Education Centre and gathered 17 representatives of Roma non-governmental organizations and activists from the North Backa District. In addition, journalists of the Roma Department of Radio Television of Vojvodina were also present.

Representatives of the Office of the Commissioner for Protection of Equality acquainted the participants with this institution, its organization and competence. They then briefly presented the procedure upon a complaint and invited the participants to respond to discrimination by filing a complaint to the Commissioner, even in case they are not quite certain that it is discrimination. It was particularly emphasised that the procedure before the Commissioner was free of charge and that the complaint could be filed via mail. In addition to stating the violated rights, short description of what the violation entails and possibly the witnesses of the violation of rights, the representatives of the Commissioner emphasised that the compliant should additionally only be signed so that it can be proceeded upon. The present participants were given the form of the complaint translated into Romani language and the publications and promotional material of the Commissioner for Protection of Equality.

Praxis representative at the public discussion shared with the participants the experience related to discrimination and through several examples tried to encourage the present to file complaints to the Commissioner. As the arguments for filing a complaint Praxis representative stressed that it was free of charge, informal, time-limited and that it was important to file a complaint not only for protection in individual cases but also because, thus, it can influence the wider public and result in reduction of discrimination in the society.

Bearing in mind that these public discussions are interactive, the present participants inquired about the actual cases in which they believe there was discriminatory treatment and stated a problem in Subotica in accessing public services (there is no problem anymore since the premises in which they were prohibited entry was closed). In addition, participants of the discussion stated problems relating to forming civil guards that existed in some villages around Subotica. These guards were later disbanded thanks to a mediation method that was used, which is, as stated by the Roma Education Centre very successful and it comes down to forming a Council for interethnic relations at the level of municipalities, villages and local communities.

Praxis, with support of ODIHR project “Good Practices for Roma Integration in the Western Balkans”, organized a workshop for member organizations of Western Balkans Legal Aid Network (WeBLAN) in Belgrade on 4 June 2013. As one of WeBLAN proclaimed goals is contribution to prevention and fight against discrimination of marginalized communities and strengthening of regional connections and cross-border cooperation, the workshop was held with an aim to acquire new knowledge in the area of protection from discrimination and exchange of experience the organizations had in relation to advocating for and protecting of victims of discrimination. The guest lecturer at the workshop was Adam Weiss, legal director of AIRE Centre from London.

The introductory part of the workshop focused on strategic litigation in the area of discrimination with special reference to identification and development of strategic cases related to registration in birth and citizenship registry books. Adam Weiss presented the cases of strategic litigation at European level, different types of strategic cases and their contribution to advocating for changes. While considering the elements of possible strategy of the solution of identified problems, Adam presented different levels of interventions  which human rights organization can use – advocating in a great number of cases before the first-instance and second-instance bodies and thus providing a potential strategic case, the third party intervention in procedures before the European Court of Human Rights, writing reports on the situation in practice to be submitted to relevant contracting bodies and EU authorities and presenting cases from practice in support to identified problems.

During the discussion about strategies used by organizations from the region, it was determined that most of the organizations had reacted to cases of discrimination at different levels, and that some of their cases could be strategic. Most of cases in the region referred to discrimination in the area of education and discrimination against disabled persons, but also to registration in registry books and exercise of the right to adequate housing. The conclusion was that joint characteristic of the courts proceeding upon discrimination cases is insufficient knowledge of international standards in the area of protection from discrimination, relevant practice, but also unwillingness to determine discrimination as such.

Relying on discussion and identified problems, the second part of the workshop referred to presentation of  the case law of the European Human Rights Court and representation of cases which could serve as the basis for conducting cases of protection of Roma from discrimination before the national bodies. The case law was considered in the context of the right to respect for private and family life. The issues that were particularly considered referred to whether the state had interfered in the exercise of that right and if yes whether such interference was in accordance with the law, whether it had had the legitimate goal and had been necessary in a democratic society. Once again, the significance of notifying the individual cases and stories as the most convincing way to test the limits of the implementation of the principle of proportionality was emphasized once again.

Finally, the last subject for discussion referred to possibilities of the use of situational testing in proving discrimination. As none of WeBLAN member organizations had practical experience in the use of situational testing, the participants were trying to develop plans for testing of potential cases and considering the advantages and disadvantages of proposed plans, and possibility of their implementation.

The workshop was attended by 40 participants including the representatives of WeBLAN organizations and the project “Good Practices for Roma Integration in the Western Balkans” and the representative of Tirana Legal Aid Society.

Download: Presentation by Adam Weiss

Download: HERE

Plan International opened a photo exhibition “Make me Visible – Birth Registration Matters” in the United Nations building in Geneva.

The photo exhibition was organized with the aim to draw attention of the public to the dialogue on resolution on birth registration and the right to a legal identity before the Human Rights Council. Persons who are not registered in birth registries do not enjoy basic human rights and protection of the state and are exposed to numerous safety risks. Human Rights Council Resolution on birth registration prescribes the obligation of the state to ensure the registration of all children immediately upon birth.

Upon a request from the organizer, Praxis’ photo found its place at the exhibition, since Praxis has a long-standing experience in provision of free legal aid to the legally invisible persons in Serbia. Photos of children from Africa, Asia, Latin America and Europe point to the widespread problem of birth registration around the world.

The reception of the photo exhibition was opened on 6 March 2013 by the Director-General of the United Nations in Geneva, Mr. Kassym-Jomart Tokayev. Among the guests were members of the Committee for the Convention on the Rights of the Child, the UN Special Representative for Violence against Children, OHCHR, UNHCR, ILO, WHO, international non-governmental organizations. Plan staff from Bangladesh, IH, Sweden, Finland and the EU office were also present.

See: Brochure with photos

Human Rights Council Resolution on birth registration

According to information obtained from residents of some container settlements in Belgrade, the Secretariat for Social Welfare cancelled the meals in the Soup Kitchen for residents of the settlements Makis 2, Jabucki Rit and Barajevo and a number of residents of the container settlement in Mali Leskovac. According to information of the Roma Children’s Centre, the meals for the residents of the settlement Kijevo will also be cancelled as of 1 June 2013.

With reference to that, the Secretariat for Social Welfare informed the residents of container settlements to address the City Social Welfare Centre in order to “legally” exercise the right to cash assistance and Soup Kitchen.

The persons with unregulated status, specifically those who do not have any identification document, are most affected by such acting of the Secretariat, since the procedure for exercise of the right to cash assistance is complicated and lengthy (requests for enclosing much evidence, the procedure lasts 4 to 6 months on average).

For more information see the announcement: The City of Belgrade Cancelled Meals in the Soup Kitchen for a Number of Residents of Container Settlements

According to information obtained from residents of some container settlements in Belgrade, the Secretariat for Social Welfare cancelled the meals in the Soup Kitchen for residents of the settlements Makis 2, Jabucki Rit and Barajevo and a part of the container settlement in Mali Leskovac. According to information of the Roma Children’s Centre, the meals for the residents of the settlement Kijevo will also be cancelled as of 1 June 2013.

Makis 2
The residents of the settlement Makis 2 found out about the cancellation of the meals only after they went to take over the meals in the Soup Kitchen. On 27 May 2013 they did not receive any information about the reasons for cancellation of meals in the Soup Kitchen. The Cukarica Department of the City Social Welfare Centre referred them to the Secretariat for Social Welfare. Besides, A.G, S.S, S. J. and S.D, residents of the settlement Makis 2, informed us that representatives of the Cukarica Department of the City Social Welfare Centre threatened to take their children away from them if they could not provide existential minimum for themselves.

Through a phone conversation with the Deputy Secretary for Social Welfare Aleksandra Krstic, Praxis was informed that the reason for cancellation of meals for residents of container settlements lay in the fact that they had obtained documents and that, thus, it was “no longer the obligation of the Secretariat to ensure the use of the Soup Kitchen, but that the residents of the settlements should address the Social Welfare Centre and sign up for the Soup Kitchen.”

Jabucki Rit
According to information from the Roma Centre for Women and Children “Daje” and the Roma Children’s Centre, all families in the Jabucki Rit settlement have stopped receiving meals in the Soup Kitchen. There are 18 families in this settlement, including 4 pregnant women, 8 babies and 17 children. According to obtained information, most children in the settlement are presently ill. One resident of the settlement, R.K, who suffers from a chronic illness, as well as diabetes, is currently under treatment in hospital after his health condition worsened. In addition, residents M.S. and H.A. requested emergency medical assistance several days ago. This settlement is extremely far away from Palilula municipality, and is inhabited also by persons with unregulated status issues, who therefore cannot exercise the right to social protection.

Due to all the above-mentioned, we believe that the residents of this settlement are the most affected by the latest developments.

Kijevo
According to information that the Children’s Centre “Mali Princ” received from the residents of the settlement, their meals in the Soup Kitchen will be cancelled as of 1 June 2013. However, one of the residents of this settlement claims the contrary, i.e. that there is no problem in this settlement with exercising the right to meals through the Secretariat for Social Welfare.

Barajevo
According to information of the Roma Children’s Centre, on 28 May 2013, the meals have been cancelled for residents of this settlement who do not receive cash social assistance.

Other container settlements in Belgrade
Due to the impossibility to contact residents of all container settlements over the phone, we cannot establish with certainty whether the problem referring to provision of meals through the Secretariat for Social Welfare is present in all container settlements. However, according to available information, it may be concluded that the situation is alarming and urgent reaction is needed.

Background to the problem
According to the provisions of the articles 69-71 of the Decision on the rights and social protection services of the City of Belgrade, the right to free meal can be exercised by an individual and his/her family if they are beneficiaries of the cash social assistance. Exceptionally, this rights may also be exercised by persons whose monthly income per household member does not exceed 50% minimum salary for the month preceding the month in which the request has been submitted, on condition that these persons:

• Are elderly and infirm, whose relatives are not able to provide them with this type of assistance

• Have within their family a person who exercises the right to care allowance

Bearing in mind that container settlements are home to a certain number of  persons who do not have their status regulated, as well as that the procedure for exercise of the right to cash social assistance lasts from 4 to 6 months on average, that it demands a large number of documents and is complicated, residents of the container settlements who have been cancelled meals in the Soup Kitchen which were provided by the Secretariat for Social Welfare of the City of Belgrade are not able to provide existential minimum for themselves and their family members on their own.

The report has been prepared by:
Praxis
Roma Centre for Women and Children “Daje”
Roma Children’s Centre 
Regional Minority Centre
Children’s Centre “Mali princ”

Download the Report
Download the Announcement of the City Administration on cancelling the meals in the soup kitchen for residents of container settlements (Serbian only)

Praxis has published the report Analysis of the Main Obstacles and Problems in Access of Roma to the Right to Adequate Housing within the project Contribution to Social Inclusion and Combat against Discrimination of Marginalized Population in Serbia.

The present report deals with the basic issues of exercising the right to adequate housing in Serbia and covers the period 2009 - 2012. In this period, there was an increase in the number of forced evictions from informal Roma settlements (18 large-scale evictions that affected over 2,800 Roma) and individual eviction cases (at least 1,000 in only two years), while discrimination against the Roma in the exercise of the right to adequate housing was established for the first time. On the other hand, the responses from the authorities relating to the access to adequate housing by residents of informal settlements were unsatisfactory.

Read in Danas
Download the report

Praxis published the report “Analysis of the Main Obstacles and Problems in Access of Roma to the Right to Adequate Housing,” prepared within the project Contribution to Social Inclusion and Combat against Discrimination of Marginalized Population in Serbia, funded by the Royal Norwegian Ministry of Foreign Affairs.

The present report deals with the basic issues of exercising the right to adequate housing in Serbia and covers the period 2009 - 2012. In this period, there was an increase in the number of forced evictions from informal Roma settlements (18 large-scale evictions that affected over 2,800 Roma) and individual eviction cases (at least 1,000 in only two years), while discrimination against the Roma in the exercise of the right to adequate housing was established for the first time. On the other hand, the responses from the authorities relating to the access to adequate housing by residents of informal settlements were unsatisfactory.

Except for the fact that the adopted Strategy for Improvement of the Status of Roma in the Republic of Serbia recognised the problem faced by Roma population in the exercise of the right to adequate housing, little progress has been achieved to date in this field. In addition to forced evictions which are conducted contrary to international human rights standards and which pose the greatest obstacle to exercise of the right to adequate housing, very small number of Roma settlements has been legalized or is in the process of legalization. The Roma in informal settlements often have impeded or no access to basic human rights at all, and the situation is similar in container settlements formed after the evictions from informal settlements. In regard to the exercise of the right to adequate housing, particularly vulnerable groups are internally displaced persons from Kosovo, the elderly, persons with disabilities and women.

The absence of legislative framework that would regulate eviction procedures and the out-dated laws in the field of housing show the state's unwillingness to take steps towards promoting the exercise of the right to adequate housing of Roma.

Bearing in mind the existence of a large number of informal Roma settlements, extremely poor housing conditions in a number of them, lack of records about these settlements and the problems identified in the published analysis, the issue of systemic discrimination against the Roma in exercising the right to adequate housing may be raised. If changes are not introduced immediately, further gross violations of the right to adequate housing of Roma could be expected.

Download the report: Analysis of the Main Obstacles and Problems in Access of Roma to the Right to Adequate Housing