Praxis
Migration Status Recognized as a Ground of Discrimination in Educational Institutions
During the public discussion on the Regulation on detailed criteria for the recognition of discrimination by an employee, child, student, or third party in the educational institution (“The Official Gazette of RS, no. 22/2016), Praxis suggested that migration status should be entered as a ground of discrimination. Specifically, prior to the adoption, the Regulation was part of the public discussion, and civil society organizations, as well as other relevant authorities, had an opportunity to comment on the draft.
The submitted comment was accepted, and the Regulation, which was finally adopted after seven years in March 2016, became thus the first legal act in Serbia that explicitly recognizes the migration status as the ground of discrimination. Bearing in mind the current migrant crisis, identifying migrant status as a ground of discrimination is of great importance, and its inclusion in other relevant documents is the essential precondition for the creation of a responsible and just society.
On the Occasion of International Trangender Day of Visibility
International Transgender Day of Visibility, March 31, is the day when we celebrate transgender, courage and persistence of individuals in the determination to live their lives outside gender norms and be who they are, despite all the difficulties they face after speaking out and affirming their own gender identity.
Although there are anti-discrimination legislation in Serbia, which prohibits discrimination and guarantees equality of all citizens, transgender people are, more likely than others, exposed to discrimination and violation of basic human rights such as the right to human dignity, bodily integrity, life without violence, the right to medical care, the right to marriage and many others.
The greatest legal impediments to protection and full equality of transgender people include the lack of legislation that would protect the rights of transgender people in Serbia and regulate important issues from different areas of life, such as the ability to change mark of sex/gender, name and personal identification number in all personal documents.
For more information, see: We Celebrate Transgender and Remind of the Importance of Joint Struggle for the Rights of Transgender People in Serbia
On the Occasion of the International Roma Day
The International Roma Day, 8 April, is the day when we celebrate and promote the Romani culture, but also the day when we remind of and point at difficult position of Roma women and men in society, and of the obligation to do more to improve their situation. Despite the improvements made over the past years, problems faced by the Roma women and men in Serbia are still numerous, and daily life for most of them still remains below the limits of dignity. The Roma are still discriminated in almost all spheres of social life, while the access to status and socioeconomic rights is impeded or completely impossible to them.
We have talked to Bajram Kafu Kinolli, Balkan Bob Marley, and, as many people are already calling him, the successor of Saban Bajramovic. We met Bajram, the front man of Gipsy Groove and peace activist, while he was facing numerous impediments to exercise of his own rights.
We wanted to know what this day means to him personally…
For me, the International Romani Day is the same as the International Human Day. And, every day should be a human day. The rights of Roma are for me the same as the rights of any other person. Every person deserves respect and decent life. And we cannot defend the rights of one person and neglect the rights of another. There is no respect without exchange, without a dialogue. Therefore, it is nice that there is a day when we pay homeage to one community, its culture and customs. However, if the spirit of 8 April fails to come to life on other days in the year, then even that one loses its value and significance.
Read the whole interview: We Do Not Need to Be Perfect to Be Good, or to Be Respected Only If We Are Perfect
On the Occasion of the International Day against Homophobia, Transphobia and Biphobia
Today, we are celebrating 17 May, the International Day against Homophobia, Transphobia and Biphobia, the annual holiday which was established to coordinate international events that remind of LGBTI rights violations and the importance to respect them worldwide.
One of the main goals of 17 May is creation of a globally visible event without a need to adapt to a specific type of action. Though united in their messages, due to the variety of social, religious, cultural and political contexts in which LGBTI rights violations take place, the present action around the world include various activities - large street marches, parades and festivals, dance flash mobs, musical events, street art, etc.
LGBTI persons are day-to-day exposed to discrimination and violence, including physical violence and abuse. Therefore, it is necessary that the government and society in general pay more attention to measures to protect the physical and psychological integrity of LGBTI people as well as to the prevention of discrimination and hate speech.
For more information, see: On the Occasion of the International Day against Homophobia, Transphobia and Biphobia
After Four Years of Struggle, Transportation to School Provided for a Girl with Severe Sight Impairment
This week, for the first time after four years, a ten-year girl with severe sight impairment goes to school by a vehicle provided by the Municipality of Smederevska Palanka.
We remind that the girl was born with severe sight impairment and that over the past four years, ever since she started the primary school, her parents have been trying to persuade the Municipality of Smederevska Palanka to provide her the transportation to and from school, which is the obligation of each municipality according to the Law on the Fundamentals of the Education System. The Municipality of Smederevska Palanka has been unsuccessfully reminded of this legal obligation over the past years by the School Inspection, the Ombudsman and the Commissioner for Protection of Equality, which in 2015 found that the Municipality shall take all necessary measures to ensure the transportation to the girl.
As the Municipality failed to act upon the Commissioner’s recommendation, in November 2015 Praxis filed a lawsuit for establishing of discrimination against the Municipality of Smederevska Palanka. On the basis of the above-stated lawsuit, the Supreme Court in Belgrade issued a judgment in April 2016 and established that the Municipality acted discriminatory towards the girl as it rejected to provide the transport to school, violating thus the principle of equality prescribed by the Law on Prohibition of Discrimination, and provisions of the Law on Prohibition of the Discrimination in Education.
However, the quality education and respect for the principle of equality means much more – along with the transportation, the textbooks in Braille alphabet, as well as a qualified personal assistant, should be also available to the girl.
For more information, see: Transportation to School Provided for a Girl with Severe Sight Impairment
Praxis and ERRC, with the Support of ENS, Submitted the Initiative for Initiation of the Procedure for Assessing the Constitutionality and Legality of the Law on Registry Books
Human rights organizations have launched today a procedure for assessing the constitutionality of the Law on Registry Books to challenge the provision of the Law which provides that registrars exceptionally may postpone the birth registration for checking or determining the data which they consider missing at the moment of the birth registration. This imprecisely worded provision of the Law actually allows to the official bodies to deny children the right to a name and identity, giving these authorities the legal cover for the denial of a birth certificate. In this sense, the Law is contrary to the internationally recognized human right of every child to be registered immediately after birth.
The Initiative actually raises a question of whether this provision is in accordance with the best interests of the child and the principle of prohibition of discrimination. Every child has the right from birth to a name and identity that must be available to all children in Serbia.
Praxis and ERRC are members of the European Network on Statelessness (ENS), and together they developed this initiative as part of a three-year pan-European strategy ENS which aims to eliminate statelessness among children.
For more information, see: Roma in Serbia Still Denied Birth Certificates – Human Rights Organisations Take Legal Action to Challenge Register Offices’ Unlimited Power
Action Plan as a Necessary Precondition Towards Achievement of Goals of Newly Adopted Strategy for the Social Inclusion of Roma in Serbia
At the session held on 3 March, the Government of Serbia adopted the Strategy for the Social Inclusion of Roma in the Republic of Serbia for the period from 2016-2025.
Having in mind that the envisaged measures and activities carried out under the auspices of the previous Strategy for the Improvement of the Status of Roma in the Republic of Serbia 2009-2015 in many segments have failed to contribute to the substantial improvement of the situation of the members of Roma community, the new Strategy arose from the need to improve the issues in a systematic and comprehensive manner and envisage more adequate measures of social inclusion of Roma, both at national and local level. This strategic document covers five priority areas - education, housing, employment, health and social protection.
Praxis participated in the process of drafting the Strategy. In addition to the specific comments pertaining to different segments of the five priority areas and proposals for a more precise definition of individual measures, Praxis’ general observation referred to the lack of the text of the Action Plan. Respecting the commitment of the competent authorities to continue the work on promotion of the social inclusion of Roma, Praxis takes this opportunity to once again draw attention to the need for the measures provided for by the Strategy to be, as soon as possible, operationalized by the adoption of the Action Plan because only then the first and necessary precondition towards the achievement of the proclaimed goals will be fulfilled.
For more information, see: Action Plan as a Necessary Precondition Towards Achievement of Goals of Newly Adopted Strategy for the Social Inclusion of Roma in Serbia
Towards the Reduction of Bureaucratic Requests
Today, on 8 June 2016, the Law on Administrative Procedure, which should allow to the citizens to exercise their rights before the state bodies in a much easier way and with considerably less expenses, started being implemented.
Practically, it means that when applying for the request for issuance of, for instance, an identity card or a passport, citizens will no longer need to enclose registry books certificates, or in case of applying for social welfare benefits, they will no longer have to obtain two-digit number of documents issued by various offices and bodies. All the evidence will have to be collected by the authorities before which the procedure is conducted, and a misdemeanor responsibility has been prescribed for an official who fails to collect the evidence ex officio. Thus, an official who fails to inspect or obtain data from another authority, or fails to deliver the requested data to another body within 15 days, will be fined a total of 5,000-50,000 RSD.
It remains to be seen whether the highlighting of this commitment and its positioning in the basic principles of an administrative procedure and misdemeanor responsibility of officials, will ensure the uniform application of the law.
For more information, see: Towards the Reduction of Bureaucratic Requests
Say NO – BECAUSE I am a CHILD
In order to raise awareness of professional and wider public about the need for prevention and elimination of child, early and forced marriages (CEFM), throughout this week Praxis will point at various aspects of this phenomenon, ranging from statistical data, over causes and consequences, to the main conclusions and recommendations for further activities, in a form of short messages and charts that will be shared on social media.
The CEFM problem in Serbia is mainly recognized as part of Roma tradition, which also pervades all aspects of child development, is one of the possible causes of statelessness, endangers the mental and physical health of girls, puts them at a greater risk of domestic violence, leads to increased rates of school drop-out, which together lead to a vicious cycle of poverty and economic dependence of women.
The activities performed by Praxis throughout 2016 with the financial support of UNHCR are aimed at raising awareness of children and parents, professional and wider public, about the risks and consequences of CEFM, as well as at advocating for prevention and elimination of this problem.
So far, we have held 4 two-day workshops with Roma children and parents in Leskovac and Kostolac where we discussed about the CEFM phenomenon, potential causes and consequences, with special reference to sexual and reproductive health, gender inequality, the importance of timely education, and the right to free choice of a spouse. Following the workshops, we held community meetings in Pozarevac and Leskovac attended by relevant local stakeholders with an aim to identify the possible solutions of the CEFM problem.
By the end of this year, we will hold follow-up workshops and community meetings in the same municipalities, as well as a workshop and a community meeting in Novi Pazar, which will follow up the activities held last year in this municipality, with an aim to access the effects and changes.
Also, a working group has been established to discuss possible solutions for the prevention and elimination of CEFM, and conclusions of the performed activities will be summed up in a policy brief that will address the CEFM problem.
Download the charts:
What does statistis say
For more information about the performed activities, see:
Praxis Held Community Meetings on Prevention and Elimination of Child, Early and Forced Marriages
Praxis Held Workshops on Prevention and Elimination of Child, Early and Forced Marriages
NRC - Praxis Humanitarian Report for July 2016
Humanitarian Report for July 2016 gives an overview of the latest developments in the field and activities of the Norwegian Refugee Council and Praxis within the Serbia Refugee Response, implemented within the Project "Emergency Protection, Shelter and Assistance for Refugees and Asylum Seekers in Serbia," funded by ECHO.
Several notable developments occurred in the refugee crisis in July contributing to deterioration in conditions in Belgrade and elsewhere. In Hungary, legal amendments that came into force on 5th July 2016, allow push-backs of asylum-seekers intercepted within 8km of the Hungarian border, depriving them of the right to seek-asylum and be given international protection, contrary to the international law. Subsequently, the Government of Serbia (GoS) deployed joint military-police teams along the borders with fYRoM and Bulgaria which the GoS announced as a measure to combat illegal entry of migrants into Serbian territory and to combat smuggling and trafficking. The former led to an increased number of push-backs from Hungary in comparison to June, while the latter brought about a significant increase in the reports of pushbacks from Serbia to Bulgaria and fYRoM compared to June. Furthermore, Serbian Commissariat for Refugees and Migration (KIRS) started transporting refugees from Krnjaca Asylum Centre and Belgrade parks to other asylum centres or refugee aid points (RAPs), and opened the AC Bogovadja to asylum seekers. However, AC Krnjaca, Belgrade, returned to its previous policy of allowing entry only to those whose asylum seeker registration referred them to this specific AC, leaving the facility only fractionally occupied, and an average of over 500 persons sleeping rough in Belgrade city centre nightly. Serbian authorities also set up a waiting list system for legally entering Hungary in the transit zones Horgos and Kelebija at the Hungarian border for asylum seekers already in the transit zones or in RAPs elsewhere in Serbia. While positive in principle, a lot of confusion remains as to the functioning of this system.
In July, NRC-Praxis assisted 2,852 beneficiaries in total with protection services.
At the end of July, NRC-Praxis completed their ECHO-funded project, with teams concluding field implementation as of July 29. During the implementation of the project from Dec 2015 – Jul 2016, in both Dimitrovgrad and Belgrade, Praxis assisted over 25,000 beneficiaries with protection services.
Download the Report here.
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