For almost a week, the residents of the informal settlement “Cukaricka suma” have not been able to enter or leave the settlement by their vehicles. Specifically, last Saturday the barriers were set at the entrances to the settlement, and prevent the vehicles from accessing the settlement. Given that residents of the settlement mainly collect secondary raw materials and that they need vehicles to transport secondary raw materials, this practically means that they have been prevented from working for almost a week, and have been living with no incomes. In addition, neither ambulance vehicles nor fire-fighters can access the settlement. 

The residents of the settlement testify that barriers were set by the Greenery Belgrade’s machinery, in the presence of police and some official persons. The Municipality of Cukarica confirmed to Praxis that they were familiar with the barriers setting, but that the Municipality did not reach the decision to set up barriers, as such decision is not in its jurisdiction. Praxis was referred to address the Belgrade City Secretariat for Social Protection, as a competent body. The Secretariat for Social Protection, however, refused to talk about this problem, but requested that Praxis deliver questions in writing. 

Praxis was told by the Municipality of Cukarica that barriers had been set to prevent entering secondary raw materials and their burning, as smoke bothers the residents of the nearby buildings. However, the fact is that residents of the settlement “Cukaricka suma” have been collecting secondary raw materials for years and that their existence depends on it. Therefore, it is clear that they collect secondary raw materials to sell and not to burn them. 

In any case, no goal can justify the violation of the constitutionally guaranteed rights of the residents of a settlement to work and freedom of movement. In addition, it is the settlement mainly inhabited by internally displaced Roma from Kosovo, who were forced to leave their homes 18 years ago and have been living in this settlement since then in the improvised housing units without any infrastructure, in full poverty and utterly inhumane conditions. Despite many-year announcement of the competent institutions and bodies that they will start solving the housing issue of the settlement “Cukaricka suma”, it still has not happened. 

Moreover, by setting the barriers at the entrance to the settlement, their position has additionally worsened, bringing them closer to the edge of survival. In that situation, the residents of the settlement are left to the risk of being without any income, and in case of an accident or a disaster without a possibility to be provided with assistance, as the barriers prevent the access of the ambulance and fire truck.

It remains an open question why the authorities failed the test of proportionality, since setting the barrier is certainly not a fair balance between the general interest of the community and protection of the fundamental rights of individuals.

In early January, temperatures in Belgrade were dropping to as low as 15 degrees Celsius below zero. According to the estimates received from the Commissariat for Refugees and Migration, at the beginning of the month about 2,000 people were sleeping rough in Belgrade, at parking lots and in abandoned warehouses (barracks) near the Belgrade Bus Station. 

The previously announced relocation of refugees/migrants sleeping rough in the Belgrade city centre began in the middle of the month, after adapting a former military facility in Obrenovac for that purpose. About 500 refugees/migrants from the barracks behind the Belgrade Bus Station were relocated to Obrenovac, out of which about 200 UASC.  In addition, in the middle of the month, MSF erected 5 tents with beds and heating for temporary overnight stay for potential UASC as well as refugees and migrants with health issues, used only as transit accommodation before transfer to the official facilities. Between 30 and 40 people, mostly UASC, sleep in the tents every night and thus are protected from cold and other health and safety risks to which they were exposed in the barracks. Given that after the relocation of refugees/migrants in January about 1,200 people (according to the estimates of the Commissariat and UNHCR) continued sleeping rough, in parks and abandoned barracks and warehouses, with scarce accommodation capacity still available in other asylum and reception centres, it is clear that the accommodation capacity is still insufficient to satisfy all the needs identified in the field. Moreover, in January, Hungary reduced the number of daily admissions to territory and asylum procedures from 20 to a total of 10 per working day (weekends excluded). This new development, along with the enhanced border controls and intensified violent pushbacks of refugees/migrants from Hungary and Croatia, will only increase the number of persons stranded in Serbia for a long time and in need of humanitarian assistance and protection. 

The situation in Belgrade is still alarming. The refugees/migrants in Belgrade still receive only one meal a day. The distribution of winter clothes and shoes was intensified in the second half of the month, which is an improvement compared to the previous period, but it is still insufficient to satisfy the needs of all those who are sleeping rough, still including a significant number of UASC.

Praxis continued its field work in January and provided a total of 382 newly arrived refugees/migrants (259 adults and 123 children) in Belgrade with relevant information, which is a smaller number of new arrivals than in the previous period as a result of extremely harsh weather conditions.

Download the Protection Monitoring Report HERE.

At the meeting held in late September 2016, the Kraljevo City Assembly adopted a decision on the compensation of the costs of in vitro fertilisation, specifying the conditions, criteria and procedure for exercising the right to the compensation of the costs of in vitro fertilisation. The text of this decision indicates the intention of establishing the scope of rights wider than the rights arising from mandatory health insurance, with the aim of including as many couples as possible in the procedure of in vitro fertilisation. Nevertheless, the decision envisages that a couple may exercise this right only if they have had permanent residence in the territory of the City of Kraljevo for at least three years before submitting a request. This permanent residence criterion excludes the possibility for the internally displaced persons residing in the territory of the City of Kraljevo even longer than three years (nearly 20,000 of them) to have the right to the compensation of the cost of in vitro fertilisation under equal conditions as other citizens.

Although the adoption of the aforementioned decision and the allocation of funds from the local budget for the financial support to the couples who are undergoing infertility treatment by procedures of bio-medically assisted fertilisation is a positive example of funds allocation, the requirement regarding the permanent residence of couples unjustifiably deprives the internally displaced citizens of Kraljevo of the right to the compensation of the costs of in vitro fertilisation thereby violating the principle of equal rights and obligations.

In order to point out that the disputed decision violates the principle of equal rights and obligations, thus contravening non-discrimination regulations, Praxis lodged a complaint with the Commissioner for Protection of Equality. Since the Kraljevo City Assembly altered the disputed decision, thus expressing its willingness to ensure the right to the compensation of the cost of in vitro fertilisation to all citizens under equal conditions, Praxis withdrew the complaint.

However, it is important to point out that by adopting the decisions that substantially improve the position of individuals and groups, as in this case, the principle of equity can be violated, regardless of the decision-makers’ intention. They must pay special attention to this, particularly taking into account the situation of vulnerable individuals and groups such as internally displaced persons.

On the other hand, the adoption of general acts that violate the right to equality of citizens is not a rare phenomenon, and one of the main causes for such a situation is certainly an insufficient knowledge of non-discrimination regulations, as well as a lack of sensitivity among decision-makers at the local level in cases where the basic values, such as the right to equity and equality, should be respected. Therefore, we want to draw attention to the necessity of strengthening the capacity and raising awareness among representatives of local authorities about the concept and forms of discrimination in order to avoid such cases in the future.

In December, following the Joint Advocacy Letter of the organizations involved in the refugee crisis response in Belgrade, the Working Group for solving the problems of mixed migration flows of the GoS organized a meeting with domestic and international organizations/agencies related to future potential relocation of refugees from Belgrade into a more humane shelter. All organizations/agencies again offered their support in that process. However, by the end of December, there was no relocation organized and no solution provided. Therefore, the humanitarian situation in Belgrade at the end of December 2016 was quite alarming, with nearly 2,000 persons sleeping rough in Belgrade at temperatures below 0 degrees Celsius. Most of these people were sleeping in the barracks/warehouses behind the Belgrade Bus Station, in really poor conditions, without water, toilets, heating, in stuffy facilities as a result of lighting fire indoors to keep them warm, but Praxis staff counted approximately 150 on average daily sleeping outdoors, at parking lots, without any shelter. It is estimated that a third of these people are unaccompanied and separated children (UASC) who are particularly vulnerable and potentially exposed to various forms of exploitation and abuse. Refugees and migrants in Belgrade parks still obtain only one meal per day, while there is also a great need for winter non-food items. This, month, more reception centres were open for accommodation of refugees/migrants/asylum seekers, in Bosilegrad and Pirot. However, with the new arrivals, the capacities of almost all asylum and reception centres in Serbia are at full capacity or overburdened.

Praxis continued its field work in December and provided a total of 1,124 newly arrived refugees and migrants (656 adults and 468 children) in Belgrade with timely and adequate information and/or referrals, which is smaller number of arrivals than in the previous period as a result of harsh weather conditions and temperatures below zero degrees Celsius.

Download the Protection Monitoring Report HERE.

Vuk Raičević, Praxis Legal Advisor, gave an interview to NUNS and talked about free legal aid and legally invisible persons.

The text is available on the NUNS website. 

The Council of Europe, in co-operation with EuroChild and ChildPact, held a seminar on 15 and 16 December 2016 in Strasbourg on social rights, protection of children from violence, effective advocacy at the national level, and the available instruments offered by the Council of Europe to protect children’s rights. The meeting gathered 46 participants from national, regional and European networks and coalitions, international organizations, CSOs and the Council of Europe. The Network of Organizations for Children of Serbia - MODS was represented by Jasmina Mikovic from Praxis, a member of the Steering Committee of MODS.

Regina Jensdottir, CoE Head of the Children’s Division, presented general overview and working methods of the Council of Europe, including the Strategy for the Rights of the Child (2016-2021). The Strategy sets the following five priority areas to guarantee the rights of the child: equal opportunities for all children, participation of all children, a life free from violence for all children, child-friendly justice for all children and rights of the child in the digital environment. Children in Council of Europe member States are entitled to enjoy the full range of human rights safe-guarded by the European Convention on Human Rights, the UN Convention on the Rights of the Child and other international human rights instruments. These include civil, political, economic, social and cultural rights. This Strategy seeks to encompass all these categories of human rights and sets out the CoE’s and its member States’ commitment to make these rights a reality for all children.

In addition, the Council of Europe’s instruments in relation to combating violence against children were one of the topics. It is worth mentioning that highly significant documents in combating violence against children are the Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse (Lanzarote Convention), the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and the Convention on Action against Trafficking in Human Beings.

Furthermore, it was pointed out why the European Social Charter is relevant for children’s rights and how it works. Also, the Registry of the European Court of Human Rights presented why the ECHR is relevant for children’s rights and what the most recent case law is.

The participants were encouraged to use CoE instruments, such as legal instruments, resolutions, reports and recommendations in order to hold their governments accountable. The representatives of the CoE emphasized that it is of great importance to encourage and facilitate the sustained provision of information to the CoE and to amplify the voice of the CSOs as to positively impact the work and the efficiency of the monitoring bodies of the CoE and enhance the implementation of the CoE standards.

Koordinatorka Praxisovog programa za migracije, Marijana Luković, u razgovoru za Oradio govorila je o teškim uslovima u kojima se nalazi sve veći broj izbeglica u Beogradu i Srbiji, kao i o preprekama sa kojima se susreću pokušavajući da dospeju do zemalja Evropske unije. 

Tekst možete pročitati na portalu Oradio.

Over the past few months, Praxis has been addressed by an increasing number of citizens facing the problems when trying to obtain ID card, due to the lack of the Serbian citizenship. Specifically, those people were born in one of the countries of the region and possessed permanent ID cards and were not aware that they were not registered in the citizenship registries. They now have to obtain new ID cards, biometric ID cards, until 2016.  In addition to people from Croatia, BiH, Macedonia, Montenegro and Slovenia, a few persons born in Bulgaria and Romania also addressed Praxis.

Those are mainly old people born in twenties and thirties of the last century, who have no one in their place of birth who could help them obtain documents that would be used as evidence in the procedure for admission into citizenship of Serbia which they are forced to initiate. These persons are often helpless, ill, bed-ridden, blind or alone, and it is almost impossible for them to go to the court to have their power of attorney verified or to go the police station to submit the request for admission into citizenship. 

Even though the officials of Police Departments which Praxis cooperates with go out in the field in order to take a request for the admission into citizenship from the most vulnerable persons, it is very difficult to deal with the current situation, according to them. Specifically, the problems these people mostly face are the inability to verify the power of attorney and the lack of finance needed for the payment of fee for the admission into citizenship (almost 18,000 RSD). In that regard, it often happens that some Police Departments address Praxis in order to help socially most vulnerable citizens to obtain necessary documents. However, it is evident that a lot of people are in this situation and do not know who to address for assistance, or they do not know that they have to obtain new ID cards and think that they are permanent and still valid. 

Also, it often happens that documents obtained by Praxis through other countries contain mistakes such as the lack of the note on the conclusion of marriage and change of surname, error in the date of birth compared to the one registered in the valid ID card, error in regard to the name and surname, or place of birth. Then, unless necessary corrections are made, these persons have no possibility to initiate the procedure for the admission into citizenship. On the other hand, the correction procedure in some countries, such as Macedonia, is very complicated, almost impossible, as the competent bodies require a large number of additional documents and various certificates, even though these persons often do not possess any old document. 

Given the length of the correction procedure and the procedure fo admission into the citizenship (from 6-12 months), it is certain that these persons will not possess valid ID card for a longer period of time. Without a valid identification document, they will not be able to exercise many of their basic rights, such as health protection. Also, there is a risk that cash social assistance will be abolished, as well as the possibility to receive pension they previously exercised the right to.