STATEMENT OF THE COALITION FOR ACCESS TO JUSTICE  

The Coalition for Access to Justice requires that the Republic of Serbia immediately allows the civil society organizations (CSOs) to access the documents related to the contents of laws prepared to be adopted. In line with the strategic orientation of the Republic of Serbia, CSOs should have a key role in the legislative reforms and other aspects of the process of joining the European Union.

The Coalition for Access to Justice strongly protests against the decision of the European Integration Office of the Government of the Republic of Serbia (Office) not to allow CSOs to access the document containing the comments of the European Union on the Draft Law on Public Information and Media. This decision, which has no grounds in the Law on Free Access to Information of Public Importance, directly incites the competent ministries to prescribe new regulations hidden from the public eye.

The Coalition for Access to Justice draws attention to the fact that comments of the European Commission were submitted to the Office more than 45 days ago, and that the competent Ministry of Culture and Information has repeatedly confirmed in writing that it has not received the comments from the Office. Therefore, the Coalition for Access to Justice requires from the Republic of Serbia to answer the question on who from the Office and based on which authorities may decide on whether the public and the competent ministry will be acquainted with the contents of the documents coming from Brussels, which are related to development of new legal regulations.

Media laws contain the regulations that are of specific importance for democratic system of the country and should not be subject to processing of hidden political agenda of the ministries and other stakeholders. In addition, the work on the change of the whole legislation of the country in the process of EU accession should not be burdened with democratic deficits, because the development of democracy, i.e. political participation, and human rights and freedoms of those to whom the laws apply, is the basic goal of the European integration process. Therefore, the Coalition for Access to Justice requires from the Republic of Serbia to immediately take all necessary measures and directly ensure the participative role of the citizens in the process of the legislative reform, in accordance with the highest democratic standards of modern society.

The following organisations are the members of the Coalition for Access to Justice:
Center for Advanced Legal Studies, Civil Rights Defenders, CHRIS - Network of the Committees for Human Rights in Serbia, Humanitarian Law Center, Youth Initiative for Human Rights, Sandzak Committee for Protection of Human Rights and Freedoms, Praxis and Independent Journalists' Association of Vojvodina.

Interview of Jelena Milonjic, Praxis Legal Advisor, for Radio Beograd 1, on the occasion of the decision of the Commissioner for Protection of Equality determining that an employee in Social Welfare Centre Novi Sad had discriminated against the Roma women

S. K. received the decision determining her citizenship 23 months after submitting the request. She is the mother of six legally invisible children, who are not registered in birth registries because of the unregulated status of the mother, precisely because she does not possess the ID card even though she does possess the birth certificate, unique personal identification number and registered permanent residence.  

The procedure for determination of citizenship, which Praxis, as a legal representative of S.K., conducted before the Police Station Novi Beograd, lasted inappropriately long because of discrepancy between some of her data and data on her parents in birth registry books, which initiated the procedure for correction of data in registry books. In addition, the amendment to the request, which Police Station Novi Beograd received in July 2013, was lost on the road to the Ministry of Interior, though both bodies are located in the same street. Only after filing a complaint for the lack of acting of the Police Station, was the amendment to the request found and the body acted upon it.

This is not the only example showing that the lack of the parents’ personal documents make the children legally invisible for the system, even though the state is obliged to obey the Convention of the Rights of the Child, which prescribes in the Article 7 that a child shall be registered immediately after the birth and shall have the right to a name and the right to acquire a citizenship.

As part of the Project “Equal Opportunity for Better Perspectives, Strengthening Roma People to Combat 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 Nis on 2 April 2013. The public discussion is a part of information and education campaign of the Commissioner for Protection of Equality aimed at raising awareness of and empowering this socially vulnerable group to combat discrimination. The public discussion was attended by the representatives of organizations whose activities are directed at protection and assistance to marginalized and socially excluded communities, primarily members of Roma community.

Representatives of the Office of the Commissioner for Protection of Equality presented the organization and competence of this institution, as well as the procedure upon filing the complaint. Stating the individual cases they had been working on, the representatives of the Commissioner tended to better acquaint the participants with differences in behaviour or actions that are discriminatory from those that are not. They further called on the participants to respond to violation of the right to equality by filing a complaint to the Commissioner, even when they are not quite certain that it is discrimination. Specifically, a great number of complaints that the Commissioner received in 2012 did not refer to discrimination but to some other forms of violation of rights. In such situation, the staff of the Office of the Commissioner refer the complainant to the competent body that they should address for protection of rights. It was particularly emphasised that the procedure before the Commissioner was free of charge and that the complaint could be sent via post. In addition to stating the violation of right, short description of the violation and potential witnesses of the violation, it is only necessary to sign the complaint so that the Commissioner can proceed upon it.

During 2012 the number of complaints filed by persons of Roma nationality or the number of complaints filed by someone else on behalf of the Roma was somewhat higher than in the previous year. However, this number is worryingly small taken into consideration that the Roma are one of the most vulnerable social groups in Serbia and that they are discriminated against on a daily basis. Also, the number of complaints filed by civil society organization on behalf of the Roma is much higher than that filed by the Roma themselves.

Praxis representative strived to acquaint the participants with the notion and contents of the basic human rights, as well as the mechanisms for their protection. She also presented to the participants the most common problems and obstacles in practice, drawing particular attention to bad systemic solutions or shortcomings of the practice of bodies in the procedures for exercise of rights by the vulnerable social groups, especially the Roma.

Taking into consideration that the discussion was interactive, through their active participation those present underlined difficult and often impossible access to basic human rights. Basically, they believe that they are socially excluded and deprived of rights and that they are often victims of discrimination on the grounds of belonging to Roma minority. However, the awareness of the right to equal treatment is very low among the members of Roma population and the occurrence of discrimination is often minimized and presented as a socially acceptable behaviour. The reason behind this is most often the fear of retaliation against the one who complains for violation of rights.

By the act issued on 20 July 2013, the Ministry of Interior provided the explanation to all organizational units in relation to acting upon the requests of citizens for registration of permanent residence at the address of the institution in which they are permanently accommodated or social welfare centre in the respective territory. The Instruction was adopted with an aim to standardize and synchronize the acting of institutions, precisely social welfare centres and police administrations considering that the previous period was marked by inconsistent implementation of the law in practice.

After determining the identity of the person, the employee takes the statement from that person in relation to circumstances of the registration of permanent residence at the address of the institution or social welfare centre and conducts checking through electronic and manual records of permanent and temporary residence of citizens. If checking conducted through records shows that a person does not have permanent or temporary residence registered in the territory of the Republic of Serbia, it is necessary to conduct the field check in order to determine whether the submitter of request really lives in the territory of the competent institution or social welfare centre.

After the field check, the filled form for the registration of permanent residence is delivered officially to the competent institution or social welfare centre for verification. Upon receiving the signed and sealed form for the registration of permanent residence, it is necessary, in the presence of the submitter, to fill in the form for registration/de-registration of permanent residence, bring a decision on determination of residence at the address of the institution or social welfare centre and enter the registration of permanent residence into the electronic records of permanent or temporary residence of citizens.

See: Ministry of Interior Adopted New Rules of Procedure of Registration and De-registration of Permanent and Temporary Residence of Citizens
Download: Instruction of the Ministry of Labour, Employment and Social Policy for Acting of Social Welfare Centres in Relation to Registration of Permanent Residence at the Address of Social Welfare Centre

By the act issued on 20 July 2013, the Ministry of Interior provided the explanation to all organizational units in relation to acting upon the requests of citizens for registration of permanent residence at the address of the institution in which they are permanently accommodated or social welfare centre in the respective territory. The Instruction was adopted with an aim to standardize and synchronize the acting of institutions, precisely social welfare centres and police administrations considering that the previous period was marked by inconsistent implementation of the law in practice.

Specifically, the Instruction envisages that an employee dealing with administrative affairs in the police administration/station, precisely the one receiving the requests for registration of permanent residence at the address of the institution in which the submitter is permanently accommodated or social welfare centre in the respective territory, fills in the form for the registration of permanent residence and determines the identity of the person who submits the request.

After determining the identity of the person, the employee takes the statement from that person in relation to circumstances of the registration of permanent residence at the address of the institution or social welfare centre and conducts checking through electronic and manual records of permanent and temporary residence of citizens. If checking conducted through records shows that a person does not have permanent or temporary residence registered in the territory of the Republic of Serbia, it is necessary to conduct the field check in order to determine whether the submitter of request really lives in the territory of the competent institution or social welfare centre.

After the field check, the filled form for the registration of permanent residence is delivered officially to the competent institution or social welfare centre for verification. Upon receiving the signed and sealed form for the registration of permanent residence, it is necessary, in the presence of the submitter, to fill in the form for registration/de-registration of permanent residence, bring a decision on determination of residence at the address of the institution or social welfare centre and enter the registration of permanent residence into the electronic records of permanent or temporary residence of citizens.

See: Ministry of Interior Adopted New Rules of Procedure of Registration and De-registration of Permanent and Temporary Residence of Citizens
Download: Instruction of the Ministry of Labour, Employment and Social Policy for Acting of Social Welfare Centres in Relation to Registration of Permanent Residence at the Address of Social Welfare Centre

The Ministry of Interior adopted new Rules for procedure of registration and de-registration of permanent and temporary residence, registration of temporary stay abroad and return from abroad, passivisation of permanent and temporary residence, forms and manner of keeping records, which came into force on 9 August 2013.

In accordance with the Article 4 of these Rules, an authorized employee of social welfare centre fills in and verifies the form for registration of permanent residence at the address of social welfare centre, while the Instruction of the Ministry of Labour, Employment and Social Policy as of 19 June 2013 envisages that the procedure of giving “approval” for registration at the address of social welfare centre is initiated ex officio upon receiving the filled-in form by the competent body of the Ministry of Interior who conducts the registration of permanent residence.

In conversation with the head of the Police Station Novi Beograd, Praxis found out that police stations are competent for filling in the form, while the employees in Social Welfare Centre Novi Beograd claim that it is in the competence of social welfare centres. It is likely that the Instruction of the Ministry of Interior will provide clear guidelines for acting of police stations at the address of social welfare centre and finally enable that legal solution is consistently applied in practice.

Download: Rules for Procedure of Registration and De-registration of Permanent and Temporary Residence
See: New Instruction for Acting of Social Welfare Centres in Relation to Registration of Residence at SWC Address

The Ministry of Interior adopted new Rules for procedure of registration and de-registration of permanent and temporary residence, registration of temporary stay abroad and return from abroad, passivisation of permanent and temporary residence, forms and manner of keeping records, which came into force on 9 August 2013.

In accordance with the Article 4 of these Rules, an authorized employee of social welfare centre fills in and verifies the form for registration of permanent residence at the address of social welfare centre, while the Instruction of the Ministry of Labour, Employment and Social Policy as of 19 June 2013 envisages that the procedure of giving “approval” for registration at the address of social welfare centre is initiated ex officio upon receiving the filled-in form by the competent body of the Ministry of Interior who conducts the registration of permanent residence.

In conversation with the head of the Police Station Novi Beograd, Praxis found out that police stations are competent for filling in the form, while the employees in Social Welfare Centre Novi Beograd claim that it is in the competence of social welfare centres. It is likely that the Instruction of the Ministry of Interior will provide clear guidelines for acting of police stations at the address of social welfare centre and finally enable that legal solution is consistently applied in practice.

Download: Rules for Procedure of Registration and De-registration of Permanent and Temporary Residence
See: New Instruction for Acting of Social Welfare Centres in Relation to Registration of Residence at SWC Address

On 19 June 2013, the Ministry of Labour, Employment and Social Policy issued a new instruction for acting of social welfare centres in relation to registration of permanent residence at SWC address for persons who do not fulfil other legal bases of housing, since the previous instruction had not offered the solution that citizens could benefit from.

The new instruction offers a more efficient and more rational solution for the citizens. However, the Law on Permanent and Temporary Residence (adopted in November 2011) cannot be still implemented consistently because the Ministry of Interior has not yet issued the instruction for acting of police departments and stations in procedures for determination of permanent residence at the address of social welfare centres.

See:Instruction of the Ministry of Labour, Employment and Social Policy for Acting of Social Welfare Centres in Relation to Registration of Residence at SWC Address

The practice of courts proceeding in non-contentious procedures for determination of time and place of birth of legally invisible persons is considerably unequal. Thus, some courts proceeded upon joint motions of the parties who share the same parents, witnesses and/or evidence, while others refused to do so. Specifically, the latter requested the parties to withdraw the motions and that each party then file a new, separate motion. This has lead to conducting several procedures for brothers and sisters and to hearing the same witnesses on several occasions.

Furthermore, one should not neglect the fact that in some cases it takes more than 4 months from the moment of bringing a court decision on determination of time and place of birth to the registration into birth registry book and issuance of a birth certificate. This is because courts are late in delivering to the competent registrar the court decision on determination of time and place of birth or sometimes they even omit to do so.

Judges’ errors in the court decisions on determination of time and place of birth also have influence on the length of the procedures. These mostly refer to wrongly entered data about parents, about the competent registry office or marital status of parents. It often happens that after the registration in birth registry book it is necessary to correct or enter additional data in the birth registries because either no data on the parents, apart from name and last name was registered (in one case only mother’s first name was registered) or the registered data about the parents were wrong. Only after the correction of these data can the parties initiate procedures for acquisition of citizenship.