A report published today by the European Network on Statelessness (ENS) on the use of immigration detention warns that stateless people are often detained for months and even years, without any real prospect of their cases being resolved. This is because immigration systems do not have appropriate procedures in place to identify those who are left without nationality and to protect stateless people.
The report calls on European governments to reform their immigration and detention systems to comply with their international human rights obligations and end the arbitrary detention of stateless people. States need to put in place procedures to identify people without nationality so that they don’t end up locked up in limbo.
Download the report here.
The Equal Rights Trust (ERT), Praxis and Sandžak Committee for Protection of Human Rights and Freedoms call civil society organisations (CSOs) to participate in monitoring and documenting cases of discrimination in Serbia.
We are looking for CSOs from Serbia that wish to receive funds for conducting monitoring and documenting cases of discrimination in Serbia. The funds will be allocated as five sub-grants. The amount of one sub-grant ranges from 2,000 EUR to 6,000 EUR, and the average amount is 5,000 EUR.
Applications can be submitted by 31 May 2017 at 2:00 p.m. The selected organisations will start working on 8 June 2017.
Monitoring and documenting cases of discrimination are the activities of the project “Improving the equality legal and policy framework in Serbia and monitoring implementation of equality norms and policies“, implemented by ERT, Praxis and Sandžak Committee for Protection of Human Rights and Freedoms with the support of the European Union through EIDHR in the period December 2016 - December 2018.
Download the call for grant applications and the application form here.
A report published today by the European Network on Statelessness (ENS) on the use of immigration detention warns that stateless people are often detained for months and even years, without any real prospect of their cases being resolved. This is because immigration systems do not have appropriate procedures in place to identify those who are left without nationality and to protect stateless people.
The report calls on European governments to reform their immigration and detention systems to comply with their international human rights obligations and end the arbitrary detention of stateless people. States need to put in place procedures to identify people without nationality so that they don’t end up locked up in limbo.
Chris Nash, Director of the European Network on Statelessness said:
“Across Europe a failure by states to put in place effective systems to identify stateless people leaves them exposed to repeated and prolonged detention. These men, women and children fall between the cracks, because no country will recognise them as nationals. This is preventable, and today we are publishing a clear agenda for change which will help end this travesty.”
Angela Li Rosi, Deputy Director of UNHCR Bureau for Europe said:
“Stateless persons across Europe risk serious violations of their right to liberty and security of person. They can face repeated and prolonged detention not because they committed a crime but because they are not allowed to stay in the country. They are told they don’t belong anywhere. Their children are invisible, their families do not exist. UNHCR will continue to work with ENS to support States in ending this human suffering in Europe.”
A statement signed by civil society organisations and leading lawyers and academics from over 30 European countries will be sent to governments highlighting that consensus is building in Europe that the current use of immigration detention is unsustainable, harmful, and, in many cases, unlawful.
Download the report here.
There were two important new developments in March. One refers to the amendments to the Law on Asylum in Hungary, under which all asylum seekers who enter Hungary legally will be detained in the camps at the border with Serbia. This applies to single men, families with children and UASC older than 14. UASC under the age of 14 will be placed in the open-type accommodation in other parts of the country. Detention in the closed-type centres, i.e. mandatory detention, will last until the completion of the asylum procedure. Any person who enters Hungary illegally, bypassing the transit zone, will be pushed back. The second development is the judgment of the European Court of Human Rights in Strasbourg in case of Ilias and Ahmed v. Hungary. In its judgment of 14 March 2017, the ECtHR found that Hungary violated several articles of the European Convention on Human Rights by detaining illegally two refugees from Bangladesh after their legal entry to Hungary in September 2015. During the shortened asylum procedure, they were kept in the detention unit Roszke in the conditions that can be considered inhuman and degrading. After the procedure, they were expelled to Serbia in an informal manner. Although UNHCR proclaimed Serbia an unsafe third country in 2012, the Hungarian government adopted a decree in 2015 according to which Serbia is a safe third country - Decree no. 191/2015. (VII.21) on safe countries of origin and safe third countries.
Unlike the accommodation capacity in the reception and asylum centres, the number of newly arrived refugees/migrants continued to grow. As a result, the number of refugees/migrants staying in Belgrade increased. A large number of refugees/migrants are still trying to get hold of the EU with the help of smugglers or independently. On a daily basis, Praxis’ mobile team had a chance to talk with the refugees/migrants who had been pushed back from Hungary, Croatia and Romania, often by force, without the possibility to seek asylum. Hygiene of the abandoned warehouses in which refugees/migrants stay was improved thanks to the efforts of several organisations and volunteers. Another improvement consists of the introduction of breakfast, made possible by Oxfam, so that now refugees/migrants have three meals every day.
Praxis continued its field work in March and provided a total of 659 newly arrived refugees and migrants (376 adults and 283 children) in Belgrade with relevant information, which is a slightly higher number of arrivals than in the previous month. Out of the total number of newly arrived refugees and migrants, 288 persons or 43.7% of them were from Afghanistan. A total of 55 newly arrived refugees and migrants, mainly families, were from Syria, which accounts for 8.3% of the total number. This percentage is smaller than the percentage from the previous period. 119 refugees came from Iraq (18.1%), mainly families, which is a higher percentage than in the previous period. 112 refugees (17%) were from Pakistan, all single men (75) and UASC (37), like in the previous period. A total of 52 refugees (7.9%) came from other countries - Sri Lanka, Libya, Egypt, Palestine.
Download the Protection Monitoring Report HERE.
From 5-6 April 2017, the Eurochild membership gathered in Brussels for the annual General Assembly. The Network of Organisations for Children of Serbia (MODS) was represented by Jasmina Miković from Praxis, president of the MODS Management Board.
At the General Assembly, a children’s participation strategy was endorsed following the discussions facilitated by children and young people themselves. For the first time, children and young people are engaged in developing and implementing a strategy for the children’s rights network which represents 165 members.
The Child Participation Strategy aims to engage children and young people directly to put children’s rights at the heart of Europe; give them a voice and build a community of children’s rights advocates. The Eurochild network has adopted this strategy, which will see the development of national and European Fora for children and young people to influence decisions that affect their lives and help organize events.
The strategy goes hand in hand with a Child Protection Policy ensuring all staff, members and partners fully embrace their responsibilities to protect children from harm. Eurochild members will, in the future, be expected to demonstrate compliance with Eurochild’s policy or to have in place their own child protection policy respecting national legislation.
The Eurochild child participation strategy is going to be piloted via three National European Fora in Malta, Estonia and Bulgaria through which children can get directly involved.
At the General Assembly and Members’ Day, a group of children and young people advised the membership on the provision of child-friendly spaces and making sure that views are gathered from disadvantaged groups.
Eurochild believes that children’s participation is crucial for promotion and protection of children’s rights. As we demand participatory approaches from governments, we, as civil society, must lead the way, by embedding children’s participation into our own working structures.
It is estimated that around 1,300 refugee children and unaccompanied migrants are exposed to the risk of exploitation, violence and trafficking in human beings due to an increasingly restrictive border control policy and often inadequate response of the social protection system in the countries along the so-called Balkan route. This is the conclusion of a report published by the International Rescue Committee and Save the Children, in cooperation with 10 national and international organisations involved in providing assistance to refugees and migrants.
The social protection systems in the countries along the route often fail to identify and adequately support these extremely vulnerable children, including nine-year olds, who, fleeing from the war and poverty, cross thousands of kilometres without parents or guardians. These children are often "invisible" and in some cases, even when the social protection system identifies them, they are placed in inadequate conditions, including detention in some countries.
Risks to children traveling in this way have been further increased following the implementation of the agreement between the European Union and Turkey, which led to the closure of the borders along the so-called Balkan route. Due to these restrictive measures, unaccompanied children are forced to take desperate moves, thus relaying on traffickers or smugglers, whom they perceive as the only way to continue their journey.
The report further states that in this way some of these children become victims of exploitation, because the smugglers and traffickers are forcing them to work so they earn the money to continue their travel, and they are often being abused. Under these circumstances the children get neglected and exposed to enormous stress and danger. Even though they are trying to act boldly, their stories and drawings reveal harrowing details about their experiences on the road, for which they thought, would lead them to safety.
The social protection systems of the countries of the region, which need to identify and provide protection to unaccompanied children, face difficulties in their efforts to respond to the needs of vulnerable children whose numbers have been growing since the beginning of the crisis in 2015. In Serbia, the new demands have been met by increasing the accommodation capacities for unaccompanied children and employing additional social workers to provide them with support. However, additional efforts need to be invested to establish systemic solutions for the adequate protection of this group of children.
"Children need comprehensive support tailored to their needs“, says Jelena Besendić from Save the Children. "It is almost impossible for them to safely and legally continue their journey towards the EU countries. Many of these children decide to stay outside the system, and therefore do not get support from humanitarian organisations, and then often become targets of smugglers who use threats to manipulate them. Thus they become exposed to the risk of becoming victims of violence, abuse or exploitation.“
It is necessary to increase accommodation capacities in all countries along the route, and provide accommodation intended exclusively for unaccompanied children. Even when they are identified as children, unaccompanied minors are often placed in some centres together with adult refugees, unknown to them, or in the accommodation similar to detention, as is the case in Bulgaria and Hungary.
It often happens that unaccompanied children are placed under the guardianship of the employees of Social Welfare Centres who are overloaded because of simultaneously handling several similar cases, who lack sufficient experience or training for working with refugee and migrant children, and who are therefore unable to support them in accordance with applicable standards. Some children also complain that they are not sufficiently familiar with their rights or with the legal options available to them.
"Every child must get all the help and protection that it needs. The governments of the countries along the route have to improve their system of support to this most vulnerable group, but before doing so, we have to ensure that these governments get necessary support and financial means to be able to handle the crises. The European Union and EU Member States must fulfill the commitments they have made and promise to adequately respond to the needs of these children. This also includes the resettlement of unaccompanied children to the EU countries as well as the reunification with their families,” said Ashly Lovett from IRC. “The governments who are doing so, must discontinue with the practice of placing the children in detention, and should assign trained guardians to unaccompanied children. If this measures are not implemented, the children who have already suffered traumas due to war, conflict and difficult journey, will be put in an even more difficult position, because there is no safe and legal way for them, they are not being adequately protected, and they are desperate to move on.” The report was coordinated by the International Rescue Committee and Save the Children, and its creation was supported by NGOs Atina, Belgrade Centre for Human Rights, Centre for Youth Integration, Ideas, Infor Park, Novi Sad Humanitarian Centre, Otvorena porta, PIN, Praxis and Terre des hommes.
You can read the summary of the reports in Serbian here.
The case studies in English are available here.
You can read the integral report in English here.
Today, we are celebrating the International Roma Day. Roma men and women are still the most vulnerable majority group in Serbia. The results achieved so far in improving their position have not yet removed some of the basic obstacles that impede their equal access to rights and inclusion in all social activities.
The Human Rights Committee, in its Concluding observations as of March this year, again expressed its concern that despite the efforts of the state to solve the problem, Roma are still facing widespread discrimination and exclusion, high unemployment rate, forced evictions and segregation in education and housing.
Our Roma fellow citizens, the residents of informal settlement in Cukaricka suma, welcome the International Roma Day this year in the settlement where living conditions are beneath human dignity, in the settlement surrounded by barriers that impede the access to it. Container settlements established as a temporary solution for the Roma evicted from informal settlement, have been in the same place for years. More than 50% of Roma girls get married before their 18th birthday, and problem of child, early and forced marriage almost exclusively affects the Roma community. Many Roma still do not have all valid personal documents and do not have access to basic rights. There is no effective free legal aid system, and for many Roma it is one of preconditions to access their rights. According to the annual report of the Commissioner for Protection of Equality, more than 40% of the total number of discrimination complaints on the basis of national affiliation and ethnic origin refer to discrimination against Roma. The precise data on the extent of unemployment do not even exist.
We appeal to competent institutions to accelerate the process of solving of the remaining problems, to responsibly, efficiently and systematically approach to improving of the position of Roma men and women. Also, we call for respect and promotion of human rights, intercultural values, dialogue, solidarity and human dignity.
We wish happy International Roma Day to Roma citizens!
In September and October 2016, Praxis held three two-day workshops for Roma women and men in Leksovac, Kostolac and Novi Pazar, aimed at prevention and elimination of child, early and forced marriages. The workshops were organized as part of the activities on the project “Legal Assistance to Persons at Risk of Statelessness in Serbia”, funded by UNHCR.
A total of 75 women and girls and 75 men and boys took part in the workshops. Due to the specific gender role of women in the Roma community, the workshops were organized in a way that first day of the workshop targeted women and the second men.
The goal of the workshops was to come up with the proposal of mechanisms that would lead to prevention and elimination of this harmful traditional practice, during a two-day interactive discussion about the importance of the healthy early child development, respect for children’s needs and wishes, necessity of regular health protection, sexual and reproductive health, the importance of timely and continuous education.
The average age of marriage among the present Roma women was 16-17, and 18-19 among the Roma men. Also, the minimum age of marriage among the Roma women ranges from 13-15, the age when 21 present Roma women got married (28%). Only 22 participants (29.3%) entered into marriage /common marriage after 18 years of age, i.e. after the marriageable age.
It is necessary to continue working with Roma communities in these municipalities, provide them with advisory support and empower them to talk about this problem openly and work to resolve it. Educational and advisory work with parents, as decision makers, is equally important as the work with children aimed at raising awareness and empowering the girls and boys aged 10 to 15 years to resist this harmful traditional practice.
For more information, see the announcement Praxis Held Follow-up Workshops on Prevention and Elimination of Child, Early and Forced Marriages.
In October and November 2016, Praxis held three community meetings in Leskovac, Pozarevac and Novi Pazar, as a part of activities aimed at prevention and elimination of child, early and forced marriages, carried out within the project “Legal Assistance to Persons at Risk of Statelessness in Serbia”, funded by UNHCR.
The idea of the second round of meeting was to gather the representatives of all institutions which may have a key role in the prevention of child, early and forced marriages, and the institutions which are obliged to react in case of child, early and forced marriages, in order to review the defined policies and improve them additionally.
A total of 48 representatives of social welfare centres, police, prosecution, judiciary, educational and health institutions, NGO sector, as well as Roma health mediators, teaching assistants and activists, took part in the meetings. The participants stated that though the problem of child, early and forced marriages has been present for long, it is not treated enough, and therefore almost no one knows how to solve it.
One of the conclusions of community meetings was the general impression of the participants that despite the mechanisms that can adequately resist the problem of child, early and forced marriages, the activities of the relevant institutions are not synchronized, but happens that the responsibilities are transferred from one institution to another.
For more information, see the announcement Praxis Held the Second Round of Community Meeting on Prevention and Elimination of Child, Early and Forced Meetings.
A total of 940 persons, of whom 328 UASC, have been relocated to the Reception Centre in Obrenovac, since its opening. The number of persons trying to cross to Croatia, Hungary or Romania has grown. The novelty compared to the previous month is the emergence of several volunteer organisations, which led to the introduction of another meal - dinner. The situation of hygiene has improved with the mobile toilets set up by some volunteer organisations. Yet, a large amount of accumulated garbage and the appearance of rats in the area of the barracks/warehouses is a particular reason for concern and another health risk.
Praxis continued its field work in February and provided a total of 628 newly arrived refugees and migrants (374 adults and 254 children) in Belgrade with relevant information, which is a significantly higher number of arrivals than in the previous month.
For more information, see the related announcement here.
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