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Praxis

Praxis

In the period November 2014 – May 2016, Praxis implemented the project PROACTION in partnership with Group 484 and International Commission of Jurists – European Institutions (ICJ-EI). In addition to providing direct protection to refugees and migrants, the goal of this project was to contribute to the development of more efficient support and improved anti-discrimination policies for asylum seekers, especially unaccompanied minors in Serbia.

The activities conducted by Praxis within the framework of this project were aimed at providing legal protection for refugees and migrants, especially in cases of discrimination and violation of human rights, education and networking related to anti-discrimination standards, as well as monitoring and advocacy for respecting and exercising rights without discrimination.

The first activity consisted of local education courses, which included the development of a manual entitled Equality and Non-discrimination – Legal and Strategic Framework. The education courses entitled On Anti-discrimination Standards in Dealing with Asylum Seekers and Unaccompanied Children in Migration were held in Niš, Novi Sad, Sjenica, Subotica and Zaječar. Local education courses were attended by a total of 160 representatives of non-governmental organisations and institutions dealing with refugees and migrants: representatives of the border police, misdemeanour courts, social welfare centres, the Commissariat for Refugees or local trustees for refugees, medical doctors and other medical staff of local health care centres.

Parallel to education activities, Praxis started to provide legal assistance, information and counselling for refugees. The project was aimed to provide free legal assistance to the asylum seekers in prisons and the unaccompanied minors placed in institutions, thus encouraging them through lawyers’ visits to report discrimination or other violations of rights. Five visits to institutions were conducted, primarily to district prisons and penitentiary-correctional institutions.

As the number of refugees and migrants passing through Serbia drastically increased in May 2015, Praxis modified its activities, primarily those related to legal assistance, information and counselling, adjusting them to respond in the most efficient way to the current needs of refugees and promote the standards of their protection without discrimination. In June of the same year, Praxis intensified field visits to the places of informal gathering of refugees in Belgrade, as well as border crossings and asylum centres.

During field visits in this period, Praxis lawyers primarily tried to define the needs of the refugees passing through Serbia by interviewing them and monitoring their access to rights. They also informed refugees about their rights, and above all about the possibility of obtaining a certificate of the expressed intention to seek asylum, free legal assistance that could be provided by Praxis in the asylum procedure, as well as about the possibility of receiving legal assistance in cases of discrimination. For this purpose, information materials were distributed. The refugees were also provided with practical information on the course of journey, available accommodation facilities, types of assistance, assistance in cases of family reunification and the like. During the project period, Praxis informed and advised 2,685 refugees and 119 unaccompanied minors.

Since the provision of direct legal assistance and representation is almost impossible in the circumstances where large numbers of people are exclusively in transit, anti-discrimination cases handled by Praxis related mainly to the protection against discrimination visible in the public space, i.e. in the media. Praxis lodged a total of 7 complaints with the Commissioner for Protection of Equality in the period from April to December 2015. Four (4) complaints were lodged to the Press Council for the same reason. One (1) administrative dispute was also initiated.

Finally, drawing on the activity of legal assistance provision and monitoring of the actions of competent institutions, Praxis wrote 4 case studies as part of the project, pointing to the current situation and the identified shortcomings regarding the protection of refugees. These case studies will be used as a means of further advocacy for improving the system of refugee and migrant protection.

The last activity carried out by Praxis was the organisation of roundtables to present the project results, the basic findings about the primary reception of refugees and cooperation among institutions, as well as the analysis of the decisions of misdemeanour courts and the overview of decisions in cases of discrimination. As part of this activity, 5 roundtables were held in Pirot, Vranje, Šid and Belgrade, which were attended by a total of 76 participants. According to the participants, the roundtables were a good opportunity for exchanging practical experience, but also for discussing the issue of discrimination against refugees and migrants and the importance of respecting the principles of anti-discrimination for the enhanced protection of refugees.

The implemented project activities, especially those related to protection against discrimination, contributed to the development of the practice of the authorities responsible for the protection of the rights of refugees and migrants, and thus to a somewhat improved approach to rights and services. Moreover, these training and education events contributed to the strengthening of the capacities of local non-governmental organisations and to a better understanding of anti-discrimination policies. 

Towards the tenth conference of the International Society for Health and Human Rights entitled Mental Health, Mass People Displacement and Ethnic Minorities, which will be held in February next year, an introductory workshop on the topic "Health Implications of Transnational Human Migrations" was held in Novi Sad on 24 November. Praxis joined the workshop to participate in discussions on the experiences and insights gained through the work on urgent protection, accommodation and assistance to refugees and asylum seekers in Serbia.

In addition to exchanging the up-to-date information on the situation concerning accommodation, sanitary conditions of migrant accommodation and challenges related to the impact of mass transnational migrations on people's mental health, the workshop participants discussed recommendations for a potential improvement of the current situation in the region of Central and South-Eastern Europe. In the workshop, representatives of non-governmental and governmental sector, regional, provincial and national Public Health Institutes, as well as foreign experts, shared their knowledge and insights from their own practice, bringing them into connection with the existing and necessary measures of prevention and protection of mental and physical health of migrants and asylum seekers.

Although significantly reduced since the closure of the Balkan Route in March this year, the passage of refugees through Serbia has not been stopped. UNHCR estimates that there were about 6,400 of them in Serbia in November 2016, and according to some NGO estimates, this number is significantly higher. Although over 5,000 people are accommodated in different transit and reception centres and asylum centres, a large number of people still stay in the abandoned buildings, in the makeshift and unhygienic conditions, without access to health care and protection. This situation requires urgent action, systemic approach to the problem, intersectoral cooperation and coordinated, mutually supportive action of the state, civil sector and agencies active in this field of activity.

Ivana Stanković, Praxis Status and Socioeconomic Rights Programme Coordinator, participated in the show "Good Afternoon" and talked about legally invisible people and difficulties they faced in exercising their rights.  

You can see the show at this link.

Praxis published a statement on the occasion of the International Day for the Elimination of Violence against Women. In that statement, Praxis pointed out to the problem of child, early and forced marriages, stressing that as a result of such harmful practice, women became victims of emotional, psychological and physical violence. It was also stated that 15 million girls under the age of 18 became victims of child marriages each year.

The statement was published in Blic daily at the following link.

“You have to suffer because of something. When you get children, your love moves on to them and you forget about beating…I hope I’ll be able to forget one day,” said A.A., a victim of forced marriage.

Today, on the International Day for the Elimination of Violence against Women, we would like to remind the public that the girls all around the world are still exposed to child, early and forced marriages. Every year, fifteen million girls under 18 become victims of child marriages.

On the International Day for the Elimination of Violence against Women, Roma girls in Serbia are “getting married” under the pretext that these marriages are a part of the tradition of the Roma community.  Child, early and forced marriages represent violation of the girls’ rights, they endanger their mental and physical health, expose them to a greater risk of domestic violence, lead to increased rates of school drop-out, and, later, to poverty and their economic dependence on a husband and the community. As such, they represent severe violation of women’s human rights.

Throughout 2016, Praxis has been conducting activities aimed at prevention and elimination of child, early and forced marriages. During the discussions about the causes and consequences of this harmful traditional practice, the Roma women shared their traumatic experiences with us:  

“My father sold me when I was 17. The story about violence is the story of my life. That’s it, what can I do.”

“Mistreatment occurs in marriage. Most women have experienced it, and each one of them keeps it to herself.”

“When you get married as a young girl, someone always mistreats you.”

Therefore, today, on the International Day for the Elimination of Violence against Women, we would like to draw attention to the fact that it is necessary to prevent further neglect and abuse of girls who become victims of the emotional, mental and physical violence due to this harmful traditional practice. 

Wednesday, 23 November 2016 07:56

Granting Citizenship to Stateless Children - Beta

The European Network on Statelessness is sending a petition today to members of the European Parliament and the Council of Europe to invite European leaders to change procedures to allow civil rights for children who do not have the citizenship of any state.

This was announced today by the Belgrade-based NGO Praxis, a member of that network. Praxis representative also said that the petition with 21,000 signatures was part of a wider campaign aimed at putting pressure on the European countries to reform their citizenship laws that prevented children from acquiring citizenship. Stateless children most often have limited access to health care, education and a range of other rights.

Read the news on the portal of news agency Beta.

 

Today the European Network on Statelessness (ENS) which represents over fifty civil society organisations from across Europe including Praxis will hand over a petition to members of the European Parliament and the Council of Europe calling on European leaders to work to end childhood statelessness.

The petition which received over 21,000 signatures highlights the need to protect thousands of children in Europe from the scourge of statelessness, and is a part of a wider campaign bringing together a broad spectrum of actors mounting pressure on European countries to reform their nationality laws which prevent children from acquiring a nationality. This campaign will see national level events in Italy, Poland, Slovenia, France, UK, Albania, Macedonia and Serbia among other countries.

Childhood statelessness remains an issue across Europe, and thousands of children are left without a nationality due to legal loopholes and states’ failure to properly apply relevant safeguards. Fewer than half of all European countries have fully incorporated necessary safeguards into domestic laws to fulfil their international obligation to protect the right of every child to acquire a nationality. 

Research carried out by ENS revealed that often children born to parents without a nationality are inheriting their statelessness. Abandoned and orphaned children where the parents’ nationality is not known can also be at risk, as can children who go through international adoption arrangements and those who have arrived in Europe as refugees. 

Stateless children often have limited access to healthcare, education and will experience a lifetime of restrictions when they progress towards adulthood. 

Chris Nash, director of the European Network on Statelessness emphasized:

“It is difficult to imagine what life is like for children growing up without nationality. For those affected this can mean missing out on healthcare, education and other opportunities, as well as result in unfulfilled potential and a sense of never quite belonging. It brings hardship and anguish to children and their parents alike.

Support for the #StatelessKids campaign across Europe, including over 21,000 petition signatures, shows a real appetite to end statelessness and the suffering that this causes to children and parents alike. The good news is that statelessness is a solvable issue so by working together, civil society actors and governments can put a stop to it once and for all.”

 

Sunday, 20 November 2016 09:46

Children Are Children Every Day

"I do not know how anyone thinks it is possible to have a country, a future, to make progress, if children do not attend school. Children are the future, yours and mine, and of the whole world. There is no future without school." A. K, a refugee from Syria said.

UNIVERSAL CHILDREN'S DAY. The day which is celebrated around the world. The day when we remind each other that children do have rights. The day when we examine what and how much we have done for the benefit of children, whether the rights of each child are respected and ensured without discrimination.

Today, 27 years after the adoption of the Convention on the Rights of the Child, we are still talking about legally invisible children, children without a name and date of birth, children without identity. "You exist, but as if you were not present in this world.”, legally invisible R. B. from an informal Roma settlement near Belgrade would say.

The violation of the rights of girls and boys to the development and timely education are still justified by the common law of the Roma community, and we tacitly allow that child, early and forced marriages are an everyday life for a significant number of Roma children, denying them thus an opportunity to enjoy their childhood and the freedom of choice. ”You are a child, and then you are a woman. You are never a girl!”, M. A., a young girl from an informal Roma settlement in central Serbia would say.  M. A. “got married” when she was 13, and became a mother for the first time when she was 14. Today, she dreams that her daughter has a childhood, finishes the university, becomes a successful woman who had a chance to choose her future.

Thousands of refugee children are still exposed to numerous risks and dangers every day. Hunger, cold, uncertainty and fear are the main companions on a daily route to a better future. Childhood, carefreeness, child's play, school and the family are only a part of their dream. Some have embarked on this journey completely alone. "I do not know what to do now, but I have no choice, I have to try to cross the border.", a sixteen-year-old unaccompanied minor, A. H. from Afghanistan said.

Children are children every day. Yesterday, today, and tomorrow. They do not understand what legal invisibility means, they do not know what the common law is, nor why they have to flee from the war. Today, on Universal Children's Day, we want to remind that the rights of the child must be ensured and respected, regardless of the status of a child and circumstances in which it lives.

By forcibly evicting 6 families from the residential zone of “SRC Pionirski grad” on 2 November, this  informal collective centre was emptied of all residents. Despite the appeals and advocacy for conducting evictions, in the situations where they are necessary, in accordance with the established international standards, the latest evictions violated the same human rights as all the previous ones, which began two years ago and which Praxis already alarmed about.

Eighty-year-old B.S., who is a refugee from Croatia, was the last resident evicted from the building in which she had lived with her son who had taken constant care of her. At the very beginning of eviction, her son was detained because of, as stated, the fierce reaction and concern that he would significantly disturb public order and peace, and the employees of the Social Welfare Centre Rakovica accepted the statement given by B.S. that she did not want to be taken care of and placed in a residential institution at that moment, after which they left the place of eviction. Thus, B.S. remained alone in the building, while the eviction was ongoing. In that process the water and electricity were disconnected first, then all the items were taken out of the rooms, and finally the doors and windows were removed from all the rooms. B.S. did not leave the premises in which she had lived until the very end of eviction. Even if she had wanted, she would not have been able to leave on her own. She was provided with urgent medical assistance two hours after the beginning of eviction and then temporarily hospitalised.

Considering the specific circumstances of the case, where the subject of forced eviction was an elderly woman who was also a refugee suffering from a serious health condition, obviously completely dependent on state support measures, the question arises of what the authorities undertook or planned to protect her from losing the right to human dignity. Despite the case law of the European Court of Human Rights, according to which the state's responsibility in such situations is greater than usual, the eviction was carried out without providing alternative accommodation, without the meaningful provision of social welfare services and without the presence of representatives of the Commissariat for Refugees, with the extremely degrading treatment of the evicted person and an apparent violation of the right to human dignity.

In defining the right to adequate housing, the international standards clearly specify that the eviction should not lead to homelessness or violation of other human rights of individuals and provide for the obligation of the state to take all appropriate measures for the evicted persons who are unable to take care of themselves, thereby using the maximum of their available resources and providing the evicted persons with adequate alternative accommodation, relocation or access to arable land. The Republic of Serbia failed to provide alternative accommodation to the refugee, disabled and old person, and thus harshly violated its obligations, at the time of actively implementing the Regional Housing Programme.

It is additionally disconcerting that all the evictions from the informal collective centre “SRC Pionirski grad” were carried out very similarly to the eviction of B.S. despite numerous warnings by the international bodies concerning the omissions and obligations of the Republic of Serbia in the process of eviction.

The UN Committee on Economic, Social and Cultural Rights, in its May 2014 Concluding Observations, called on the Republic of Serbia to take urgent measures, because of the forced evictions and practices contrary to the provisions of the International Covenant on Economic, Social and Cultural Rights, to provide, inter alia, procedural protection to those who are being evicted, all in accordance with the provisions of General Comments 4 and 7 of this Committee.

In the preliminary and final report after the visit to Serbia in May 2015, the UN Special Rapporteur on the right to adequate housing stressed the need for adopting the Law on Housing that would be in line with the international law that regulates human rights in the area of housing and non-discrimination. She especially emphasised the need to prohibit forced evictions by law, define the right to adequate housing in accordance with General Comment No. 4 of the Committee on Economic, Social and Cultural Rights and ensure that forced evictions be carried out in accordance with the measures contained in General Comment No. 7 of the Committee for Economic Social and Cultural Rights. The recommendations of the Special Rapporteur especially emphasise the provision of the right to an effective remedy to persons threatened with eviction.

Since the evictions from the informal collective centre “SRC Pionirski grad” were carried out with obvious violations of the obligations of the Republic of Serbia, once again we call upon the competent authorities to suspend the described practice of forced evictions and to respect their obligations, as well as to work more actively on finding a durable and sustainable housing solution for vulnerable persons.

Praxis means action
Praxis means action
Praxis means action
Praxis means action