Amendments of the Rules of Procedure for Exercising Right from Obligatory Health Insurance, which were adopted by the Republic Institute for Health Insurance on 9th July 2010, brought changes which significantly facilitate access to health care by the persons of Roma ethnicity. Article 7, Paragraph 11 of the Rules of Procedure was changed, on the grounds of which the Roma will from now on be able to obtain health booklet even if they do not have temporary residence registered.

What preceded the change of the Article 7, Paragraph 11 was the Praxis Initiative for Legislative Review of the aforementioned Article before the Constitutional Court of Serbia. The Initiative pointed to the fact that the disputable article was contrary to a provision of the Law on Health Insurance, whose aim was to enable issuance of health booklets to the Roma who, due to their traditional way of life, do not have permanent/temporary residence. During the validity of the previous (not amended) Article 7, Paragraph 11 of the Rules of Procedure, they could not obtain health booklet since, contrary to the Law, the Rules of Procedure obliged them to register temporary residence. Thus, an entire group of population, which is one of the most socially vulnerable groups in Serbia, was denied access to health care.

A few months after launching the Initiative, through communication with the Directorate for Health Insurance and Legal Affairs of the Republic Institute for Health Insurance, Praxis found out that this body had received a directive from the Constitutional Court requesting opinion on the launched Initiative, and that the amendments should be adopted which would harmonize the Rules of Procedure with the Law. Such solution was adopted through amendments of the Rules of Procedure in July 2010. Illegal condition related to registration of temporary residence for the Roma who, due their traditional way of life, do not have permanent or temporary residence was abolished.

The outcome of Praxis Initiative and adopted amendment of the disputable Article of the Rules of procedure is simplified exercise of right to health care by all persons of Roma ethnicity who cannot provide evidence on their place of residence. Instead of the certificate on temporary residence which had been requested earlier and which they could not obtain, in the future, they will prove their address of residence through a personal statement, which is a significant improvement in exercising right to health care by the Roma.

There are thousands of Roma in Serbia without permanent place of residence, who are constantly looking for opportunities for earning to provide for survival. Even in case they stay in one place, finding accommodation in illegal settlements, they still do not have the possibility to register permanent or temporary residence. Thanks to Praxis initiative, Roma without permanent address are finally given the possibility to obtain health booklet.

Eve though the procedure related to Praxis Initiative before the Constitutional Court has not been formally completed yet and Praxis, as the party which launched the Initiative, was not informed by the Court about the amendments of the Rules of Procedure, the amendments came into force on 17 July 2010. In spite of that, it has been noticed that the news about change of conditions for exercising right to health care by persons of Roma ethnicity has only recently started reaching branches of the Republic Institute for Health Insurance. Some branches refuse to apply the amended Article 7, Paragraph 11 of the Rules of Procedure. However, Praxis experience confirms that some branches have started applying the amended Rules of Procedure and issuing health booklets to the Roma on the basis of personal statement on place of residence. Thus, a client of Praxis of Roma ethnicity obtained a health booklet for the first time after ten years of exclusion from the health insurance system.

Download (Serbian only): Initiative for Legislative Review of the Article 6, Paragraph 11 of the Rules of Procedure for Exercising right from obligatory health insurance

Administration for Citizen Affairs of the City of Nis, administering some registry books dislocated from Kosovo, often issues registry book excerpts with incorrect personal data of citizens. The incorrect data in the documents are a result of errors made by the competent officer issuing the documents or the competent officer who entered the data in the registry books. The person who has been issued a birth or citizenship certificate with incorrect data is obliged to initiate an administrative procedure by submitting a request for correction of those data.

At the beginning of 2010, the Administration for Citizen Affairs of the City of Nis started to condition solving of the requests for correction of data in registry books by payment of republic and municipal administrative fees, as well as the fee for written notice amounting to a total of 850,00 RSD.

Even though the State administrative body is responsible for administering registry books, the one who was financially “punished” was the person who requested the correction of his/her data, since that person had to pay the fees for correction.

Praxis has addressed the above-mentioned State administration on behalf of its clients several times, pointing to existing regulations on the grounds of which the fee cannot be charged for correction of errors in official records, but without success.

In May 2010, and in relation to the same problem, Praxis addressed the Department for Administrative Inspection of the Ministry for Public Administration and Local Self-Government. At the same time, complaints have been lodged to the Ombudsperson against the work of the Administration for Citizen Affairs of the City of Nis.

Illegal practice of charging administrative fees for requests for correction of data in registry books was finally abolished following these interventions, of which Praxis was only verbally unformed by the Administration for Citizen Affairs of the City of Nis.

Soon after, in practice, the body stopped charging the fee for request for correction of data in registry books.

Centre for Youth Integration and Praxis have launched the Initiative for Resolving the Issue of “Legally Invisible” Persons, supported by 125 civil society organizations, requesting from the Government of Serbia to, without delay and on the basis of the solutions offered in the Model Law, determine the Bill on the Procedure for Recognition of Persons before the Law and table it urgently before the National Assembly for adoption.

The Model Law on the Procedure for Recognition of Persons before the Law , created over two years ago by  the Centre for Advanced Legal Studies in cooperation with Praxis and with the support from the United Nations High Commissioner for Refugees, which offers an efficient and simplified procedure for subsequent registration into birth registry books, has not been adopted yet. At the same time, there has been no adequate legal reaction in terms of adopting amendments to the existing laws in this field, which are in practice imprecise and incomplete.

Right to be recognized as a person before the law is one of the basic human rights granted by the Constitution of the Republic of Serbia and by numerous international documents which Serbia ratified. The right of a person to be recognized as a person before the law is a basis for exercising all other rights, while its deprivation has serious consequences on life of each individual. Persons who are not registered in the birth registry books find themselves outside the system of health care, social welfare and employment, they are socially excluded and exposed to various forms of discrimination. There is more than 2,000 “legally invisible” persons residing in Serbia, including a large number of children. Number of “legally invisible” persons is increasing day by day.

Despite the efforts of the civil society to draw attention of the State to the need of urgent resolution of this issue, the authorized State institutions remain without an adequate response. In order to resolve this issue, it is necessary to urgently adopt a separate law which would resolve the problem of subsequent registration of the fact of birth into birth registry books.

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.

Read the article published in daily newspaper Blic

Download: Initiative for Resolving the Issue of "Legally Invisible" Persons

               Model Law - The Bill of the Procedure for Recognition of Persons before the Law

On 10th December 2010, on the International Human Rights Day, along with numerous other organizations, Praxis took part in the “ILLUMINATION”, a peaceful gathering in solidarity with those who are “invisible” to our society. The gathering was organized with the aim to jointly send a message to all competent State institutions to get down to the adoption and implementation of a systemic legal solution which would enable recognition of all citizens before the law.

There are many citizens living in Serbia today who are invisible, due to their living conditions, belonging to a national minority or their manner of living. The responsibility of everyone is to support them to become visible. The responsibility of the State is to provide conditions to make them visible.

They are invisible when we do not see them in the street, when we do not see where they sleep; invisible because we are not aware of their problems, because they are stigmatized and discriminated by others; they are invisible because they do not possess birth certificate and cannot finish school and find employment; invisible because they are different from the majority. They are invisible to other people and institutions, and, at the same time, they endure discrimination by both people and institutions.

The gathering was held at the Republic Square in Belgrade, where representatives, activists and beneficiaries of programmes of civil society organizations working with marginalized population groups read their requests.

The gathering was organized as part of the Project Illumination of the Centre for Youth Integration and, apart from Praxis and the Centre, other NGOs also took part – Labris, Regional Centre for Minorities, Association of Citizens “Woman Plus”, Association of Young Roma of Serbia, Velikimali and Women in Black.

You can find more about the Project Illumination here .

The Centre for Advanced Legal Studies, AIRE Centre from London, and Praxis organized a seminar entitled “Prohibition of Discrimination of the Roma and the Problem of Legally Invisible Person” on 14 December 2010 in Media Centre, Belgrade.

According to available data, the Roma in Serbia fall into one of the population groups most exposed to discriminatory treatment. Among the Roma themselves, the residents of so called “informal settlements” are in the most difficult position by far, and among them there is a high number of people often referred to as “legally invisible persons.” Legally invisible are those who are not registered in birth registry books and do not possess personal documents, due to which they are, as a rule, deprived of enjoyment of all other rights guaranteed by international documents and national legislation.

Even though the 2006 Constitution of the Republic of Serbia explicitly guarantees every human being the right to recognition before the law, the legally invisible persons in Serbia have been denied the status of legal subjects for years. Thus, they are socially excluded, without the possibility to enjoy rights in the areas of health protection, social security, education, as well as other rights and freedoms guaranteed to other citizens of the State. Besides, a significant number of members of this population group lives in severe poverty, in utterly unfavourable living conditions, in informal settlements without running water, sewage system and electricity, in which the representatives of public utility services do not enter. The State has so far neither expressed significant concern for the position of this population group, nor has it taken all the measures it is obliged to in order to resolve their problems.  Through this negative political practice a large number of members of Roma community has, thus, been turned into second-class citizens – residents of a country whose citizens they are, but who do not enjoy the same level of protection of rights and freedoms as other citizens.

Serbia has been warned about this negative practice of social exclusion and deprivation of fundamental rights year after year by international organizations, primarily UN agencies, Council of Europe, OSCE and the European Union. For the second year in a row, in its Serbia Progress Report, the European Commission has been drawing attention of the competent bodies to the fact that further progress of the State towards the EU will not be possible without solving this problem.

The seminar “Prohibition of Discrimination of the Roma and the Problem of Legally Invisible Person” was organized with the aim to contributing to a change of political practice in the State and facing with a problem that is being constantly ignored. It was organized for representatives of Roma organizations, activists of non-governmental sector, journalists and representatives of public authorities.

At the seminar, Ivanka Kostic, Praxis Executive Director, presented the position of the “legally invisible” persons in Serbia through examples Praxis had come across in its work, i.e. through a Praxis publication about the position of these persons. Mr Cerim Gasi, Praxis associate in the field and representative of Roma community, spoke about living conditions in the Roma settlements from the perspective of their residents.

Afterwards, Mr Luke Clements from AIRE Centre, London, presented court practice, that is, the most important decisions of the European Court of Human Rights in Strasbourg which refer to discrimination of the Roma and the problem of informal settlements. Mr Sasa Gajin, Ph.D, from the Centre for Advanced Legal Studies, Belgrade, spoke about a proposition for a future legal framework for solving the problem of “legally invisible” persons in Serbia and presented the Bill on the Procedure for Recognition of Persons before the Law. 

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

On 4 February 2011, Praxis again submitted a request for accessing information of public importance to the Ministry of Interior. By this request, the Ministry of Interior was asked to deliver to Praxis the Draft Law on Permanent and Temporary Residence of Citizens and information about the possible public hearing on this Draft Law.  

Praxis had already addressed this Ministry twice, on 24 May and 30 November 2010, with requests for accessing information of public importance related to the text of the Draft Law on Permanent and Temporary Residence of Citizens. Based on the requests submitted, the Ministry of Interior answered that the Draft Law on Permanent and Temporary Residence of Citizens did not exist yet. 

However, in December 2010, the Government of Serbia passed a Conclusion adopting the Action plan for fulfillment of priorities under the European Commission 2010 Progress Report, with the aim of accelerating the achievement of candidate country status. On the page 14 of the above-mentioned Action Plan, it is stressed that the Ministry of Interior has prepared the Draft Law on Permanent and Temporary Residence of Citizens. Thus, Praxis again submitted the request for accessing information of public importance to the Ministry of Interior, this time enclosing the above-mentioned Conclusion adopting the Action Plan, as well as the part of the Action Plan containing information on existence of the Draft Law on Permanent and Temporary Residence of Citizens.

Nevertheless, the Ministry of Interior delivered the response to Praxis dated 11 March 2011, again claiming that they did not possess the text of the Draft Law on Permanent and Temporary Residence of Citizens, despite the fact that it is clearly stated in the above-mentioned Action Plan that Ministry had prepared the Draft Law. Ministry’s response also stated that Praxis would be informed about the possible public hearing related to the Draft Law at the same time as the general public, through the media.

From such actions of the Ministry of Interior, it can be concluded that the Ministry intends to table this Draft Law before the National Assembly of the Republic of Serbia for adoption without a public hearing being held. In that case, expert public and relevant civil society organizations will not have an opportunity to give their suggestions and recommendations to make the Law better in comparison to the existing Law on Permanent and Temporary Residence of Citizens which does not provide a possibility for persons without legal basis for residence to register their permanent or temporary residence. The concern remains that the Draft Law will not include all categories of persons and that the most vulnerable ones, especially inhabitants of informal settlements, will be denied the possibility to register permanent or temporary residence. As a consequence, they will not be able to obtain ID card, to get employed, to receive social welfare benefits, to register births of their children in birth registry books and to access the right to health care without difficulties. In other words, there is fear that these persons will stay on the margins of society, excluded from the current social trends, without a possibility to do anything for themselves and get out of the vicious circle of poverty.

The Action plan for fulfillment of priorities under the European Commission 2010 Progress Report, with the aim of accelerating the achievement of candidate country status can be downloaded at the website of the EU Integration Office.

At its 78th Session, and more precisely at its 2067th and 2068th meetings (CERD/C/SR.2067 and CERD/C/SR.2068), held on 24 and 25 February 2011, the Committee on the Elimination of Racial Discrimination (CERD) considered the Initial Periodic Report of the Republic of Serbia (CERD/C/SRB/1), along with information submitted from other sources.

NGOs from Serbia - Praxis, Regional Centre for Minorities, CEKOR - Centre for Ecology and Sustainable Development and CHRIS – Network of the Committees for Human Rights in Serbia submitted information regarding burning issues in exercise of basic human rights, such as, for example, problems related to right to housing, right to nationality and access to personal documents, right to freedom of movement and residence within the border of the State, right to own property and other basic human rights. The presented data are a result of years of field work, information and cooperation with grass-root organizations, analysis of our previous experience in the topics relevant for the report and following on and analysing the work of the State bodies.

At its 2086th meeting (CERD/C/SR.2086), held on 10 March 2011, the Committee adopted the Concluding Observations, among other issues, also giving recommendations for the burning issues stated in information submitted by the above-mentioned NGOs.

As regards the problems Praxis target groups face every day and which were addressed in the submitted information, the Committee expressed its concern about the problem of legally invisible persons, mostly belonging to Roma minority, and difficulties and discrimination the Roma face due to their lack of personal identification documents, which puts them at risk of statelessness and affects the exercise of their rights. The Committee also gave recommendations to the State to carry out adequate measures for overcoming these problems. (Paragraph 19 of the Concluding Observations)

The Committee also expressed its concern regarding the Roma being subject to discrimination, prejudice, and stereotyping, in particular in access to employment, health care services, political participation and access to public places. The Committee recommended that the State ensure effective implementation of policies aimed at the equal enjoyment by Roma, Ashkali and Egyptians of the rights and freedoms listed in article 5 of the Convention on the Elimination of All Forms of Racial Discrimination. (Paragraph 16 of the Concluding Observations)

The Committee is concerned about the fact that Roma population, in many cases, lives in segregated settlements and is often subject to forced evictions without provision of alternative housing, legal remedies, or compensation for damage and destruction of personal property. The Committee urged the State party to ensure that resettlements do not involve forced evictions. (Paragraph 14 of the Concluding Observations)   

Download: CERD Concluding Observations

Download: Information Submitted to the CERD by Praxis Regional Centre for Minorities, CEKOR and CHRIS

Download the letter: Letter of Concern about the Intention of the Municipality of Novi Beograd to Evict 27 Roma Families

ABOUT PRAXIS

Praxis is a national non-governmental organization established in 2004 in Belgrade that protects human rights by providing legal protection and advocating for elimination of systemic obstacles in access to rights.

Praxis acts in the area of status and socioeconomic rights, antidiscrimination, gender equality, migration, child rights and public administration reform.
 
In addition to providing free legal aid, Praxis achieves its goals through monitoring of  public policies, research, analysis and advocating for systemic solutions and the elimination of obstacles to accessing rights by raising awareness of the problems faced by marginalized and socially excluded communities attempting to integrate, educational outreach, publishing of reports, and providing expert support for reforms, as well as through networking and cooperation.

Vision

A society free from marginalization, where individuals can exercise their rights without discrimination.

Mission

Through a human rights based approach, Praxis aims to help vulnerable groups to secure and exercise their rights so that systemic obstacles may be removed and equality for all may be realized.   

values

Values on which Praxis establishes its work are: integrity, professionalism, responsibility, team work, creativity, persistence and sustainability in overcoming obstacles and problems, commitment to achievement of measurable and tangible results, oriented to target groups and their trust, solidarity and sensitivity for problems and needs of target groups, respect for their dignity and position, appreciation, promotion of difference, gender equality, independence from political or any other influence, openness to other civil society organizations, associations, institutions and individuals working for the same or similar goals and promoting the civil society values.

STRATEGIC GOALS

Praxis has defined a total of 6 strategic goals.

Praxis’ strategic goals referring to the obligation of respect for human rights and improved access to guaranteed rights of targeted groups are the following:

• Exercise of status, socioeconomic and other rights in accordance with international standards and principles of good governance through providing free legal aid, policy monitoring and advocating for elimination of systemic obstacles;
• Preventing and combating discrimination through raising awareness and education, providing free legal aid to victims of discrimination and advocating for systemic solutions;
• Achieving gender equality through providing free legal aid to survivors of domestic violence and improvement of sustainable solutions for implementation of regulations and policies;
• Improving the position of migrants through policy monitoring, administering free legal aid and advocating for systemic solutions in this area;
• improving the position of children through policy monitoring and advocating for systemic solutions in accordance with international standards in the best interest of the child;

Praxis’ last strategic goal refers to internal development and improvement of Praxis’ capacities:

• Continuous development of Praxis’ organizational capacities (personal and professional development of individuals, improvement and development of good practice and communication).

Programme areas AND key activities

Praxis’ programmes have been defined as a way to respond to current needs and problems in the area of status and socioeconomic rights, protection from discrimination, gender equality, the rights of the child, as well as protection of the rights of migrants.

Over the years, Praxis has developed cooperation with beneficiaries and relevant stakeholders within Serbia and abroad. Praxis will continue cooperating with formal and informal, national, regional and international networks and coalition of civil society organizations, experts and institutions. Development and establishment of new strategic partnerships will be one of Praxis’ priorities in the following period.

We have identified five key activity areas:

• Provision of free legal aid
• Monitoring of policies, regulations, strategies and legislation
• Research to produce new information and to help shape our programmes
• Awareness raising and advocacy to strengthen knowledge base to bring about change in attitudes, actions, policies and laws
• Capacity building and education to brainstorm, create, implement and follow through with ideas and actions in order to have sustainable change
  
  

A word on the term "praxis" 

The name praxis comes from an ancient Greek word which means action. It also means to translate an idea into action: "a hard theory to put into practice".

The Assembly consists of all members of Praxis. The Assembly convenes regularly once a year. Annual Assembly sessions are convoked and prepared by the Board of Directors.