Migration

Praxis

Praxis

 

 

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Praxis je objavio publikaciju u kojoj se ukazuje na to da apatridi u Srbiji ne mogu da ostvare prava koja im garantuju Konvencija o pravnom položaju lica bez državljanstva i domaći propisi, te je stoga potrebno da se uspostavi postupak za utvrđivanje statusa lica bez državljanstva. Publikacija je pripremljena u okviru projekta „Indeks apatridije“, Evropske mreže za pitanja apatridije.

Indeks apatridije (Statelessness Index) je onlajn alatka koja procenjuje kako zakoni, prakse i politike zemalja u Evropi štite lica bez državljanstva i šta rade na sprečavanju i smanjenju apatridije, u odnosu na međunarodne norme i dobru praksu. Indeks je prva takva alatka koja pruža sveobuhvatnu komparativnu analizu i trenutno obuhvata 32 evropske države, uključujući Srbiju. On omogućava korisnicima da lako uoče koje oblasti zakona, politika i prakse države mogu unaprediti. Namenjen je vladama, organizacijama civilnog društva, istraživačima, medijima i drugim zainteresovanim pojedincima, uključujući apatride.

Stotine ljudi živi u Srbiji bez potvrđenog državljanstva, bez upisa u matičnu knjigu rođenih, bez ličnih dokumenata i bez pristupa osnovnim pravima. Većina njih ima pravo na upis u matične knjige u Srbiji i na državljanstvo Srbije i, ukoliko pokrenu odgovarajuće postupke, može se očekivati da će većina i uspeti da reguliše svoj status. Ipak, postoje i oni koji ne ispunjavaju propisane uslove za sticanje državljanstva, kao i oni kojima nezakonita praksa onemogućava upis u matične knjige i potvrđivanje državljanstva.

Država je dužna da i njima pruži adekvatnu zaštitu i obezbedi im pristup osnovnim pravima. A da bi ispunila ovu obavezu, neophodno je da uspostavi postupak za utvrđivanje statusa lica bez državljanstva. Indeks apatridije u procesu rešavanja ovog pitanja može biti od velike pomoći.

Ova publikacija je pripremljena u okviru projekta "Indeks apatridije" Evropske mreže za pitanja apatridije, uz podršku Visokog komesarijata Ujedinjenih nacija za izbeglice (UNHCR). Za sadržaj ove publikacije isključivo su odgovorni Praxis i Evropska mreža za pitanja apatridije, i ni na koji način ne predstavlja stavove UNHCR-a.

 

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Publikacija "Upis u matične knjige odmah po rođenju - problemi u Srbiji i rešenja drugih zemalja" sadrži kratak pregled problema upisa u matične knjige odmah po rođenju u Srbiji, kao i pozitivnu praksu i moguća rešenja pojedinih evropskih zemalja, pripremljen u okviru projekta „Indeks apatridije“, Evropske mreže za pitanja apatridije.

Indeks apatridije (Statelessness Index) je onlajn alatka koja procenjuje kako zakoni, prakse i politike zemalja u Evropi štite lica bez državljanstva i šta rade na sprečavanju i smanjenju apatridije, u odnosu na međunarodne norme i dobru praksu. Indeks je prva takva alatka koja pruža sveobuhvatnu komparativnu analizu i trenutno obuhvata 32 evropske države, uključujući Srbiju. On omogućava korisnicima da lako uoče koje oblasti zakona, politika i prakse države mogu unaprediti. Namenjen je vladama, organizacijama civilnog društva, istraživačima, medijima i drugim zainteresovanim pojedincima, uključujući apatride.

Svako dete mora biti upisano u matičnu knjigu rođenih odmah nakon rođenja – tako propisuju ratifikovane međunarodne konvencije, Ustav i Porodični zakon. Međutim, u Srbiji, ako majke novorođene dece nemaju lična dokumenta, njihova deca neće moći da budu upisana odmah po rođenju, već će morati da se vode dodatni postupci, zbog čega dete može da ostane neupisano i godinama nakon rođenja. Deca koja nisu upisana u matične knjige ostaju bez pristupa mnogim drugim pravima, poput prava na zdravstveno osiguranje ili socijalnu zaštitu.

Uzrok za izostanak blagovremenog upisa nalazi se u podzakonskim aktima koji regulišu postupak prijave rođenja i upis u matične knjige, koji propisuju da je za upis deteta neophodno da majke imaju lična dokumenta.

Međutim, u mnogim evropskim zemljama postoje mehanizmi koji  omogućavaju da se deca upišu na vreme i u slučajevima kada roditelji ne poseduju lična dokumenta, kako je prikazano u Indeksu apatridije.

U publikaciji koju smo pripremili, predstavljeno je na koji način su neke zemlje rešile problem upisa u slučajevima kada roditelji nemaju dokumenta.

Neophodno je da se i u Srbiji otklone prepreke koje sprečavaju blagovremeni upis u matične knjige i da se na taj način svakom detetu omogući jednak pristup svim pravima u najosetljivijem periodu života. Primeri pozitivne prakse iz drugih zemalja mogu nadležnim organima u Srbiji da posluže kao putokaz na koji način se može regulisati ovo pitanje.

Važno je naglasiti i to da u Srbiji problem neupisivanja u matične knjige  gotovo isključivo pogađa pripadnike romske nacionalne manjine, čiji položaj u mnogim slučajevima  ionako karakterišu socijalna isključenost, nezaposlenost, siromaštvo, izostanak školske spreme, loša zdravstvena situacija, a neretko su i žrtve diskriminacije. Izostanak upisa u matične knjige  samo produbljuje ove probleme i čini ih još teže rešivim.

Ova publikacija je pripremljena u okviru projekta "Indeks apatridije" Evropske mreže za pitanja apatridije, uz podršku Visokog komesarijata Ujedinjenih nacija za izbeglice (UNHCR). Za sadržaj ove publikacije isključivo su odgovorni Praxis i Evropska mreža za pitanja apatridije, i ni na koji način ne predstavlja stavove UNHCR-a.

 

Publikaciju možete pogledati OVDE

„Nacionalna koalicija za okončanje dečijih brakova pripremila je deseto izdanje informatora koje ima za cilj da ukaže na problem dečjih brakova u Srbiji i aktivnosti koje se sprovode u cilju prevencije i eliminacije ove štetne pojave.

Informator, između ostalog, donosi vest o predstavljanju Vodiča za efikasnu podršku u slučaju dečjih brakova na lokalnom nivou sa primerima dobre prakse koji je izrađen na osnovu iskustava iz pet lokalnih samouprava u Srbiji.

Pored toga, u Informatoru je objavljen i tekst Isidore Nedić, studentkinje novinarstva na Fakultetu političkih nauka i glavne i odgovorne urednice magazina Student, sa kojom je, između ostalih, razgovarala i naša Nevena Marković.

Tekst informatora možete preuzeti OVDE.

 

Valentina already has some experience in working in the hospitality industry. She worked as a hotel housekeeper in a hotel in Bujanovacka banja, but it was a seasonal job, after which she had to find another job to support her family.

Despite her experience, she applied for the training on the employment opportunities in the hospitality industry in order to broaden her knowledge about the industry, and to have a chance to further advance her skills.  She emphasizes that the part of the training focusing on labour law was also important for her. “I have learnt a lot, about the labour law and about discrimination. I feel more independent, empowered and have different perspective of my role,” she adds.

While at the training, she showed great interest in the topics that were discussed and a desire to learn more. Hence, she also applied for internship in the Hotel “Royal Putnik” in Vranje. “I have lovely impressions from the practice in the hotel, everyone was helpful, they are like a family.” She also adds that the hotel staff expect you to be tidy and hardworking and, if you have a problem with the guests or any other kind of a problem, there is no reason to fear, and you can address the management and everything is resolved quickly and efficiently.

Since this is one of the best hotels in Vranje, smiling, Valentina points out that she would love to work in such conditions. The internship in the hotel enabled her to get acquainted with the functioning of the hotel system, to get trained in a prestigious hotel, and to see what kind of opportunities there might be in the market and to strive to grab them.

After the internship, Valentina received additional stipend to complete an advanced housekeeping training course which is, as she states, more desirable and better paid. She hopes that, once the opportunity has been given, she might find a job in the hospitality industry again and remain there.

Her ambition does not end there, as she states that she is motivated to gain further experience and, after a while, to replace the position of the maid for the one of a supervisor.

She points out that all young people should use the given opportunities, be patient, expand their knowledge and believe that the opportunity will come.

The training, internship and stipends were organized and provided within the project “Improving access for Roma communities to employment opportunities in the hospitality industry”, funded by Hilton Global Foundation and Conrad N. Hilton Foundation. 

 

 When Andrijana applied for the training on the employment opportunities in the hospitality industry, she had already had some experience in this field. She worked at a pizzeria, then at a restaurant, at the position of chef and assistant chef. Of various fields in the hospitality industry, she has the greatest passion for culinary arts.

Being active, responsible and energetic, ambitious to learn more and constantly improve her skills, Andrijana applied for a three-day training that Praxis organized in Vranje, a lively town in the south of Serbia, well-known for its culinary specialties. Within the training, the participants had a chance to get acquainted with the basics of the hospitality industry, as well as legal regulations governing the field of work and employment.

“Within the training, I found the part about labour rights most significant, and I learnt a lot about the rights I have. I left my previous job because the owner of the restaurant I worked in had not paid me two salaries. Before that, I had worked without a contract and paid contributions in another place. I believe that I know more about labour rights now so that I can protect myself from similar employers.” Andrijana also states that her motivation to apply for the training was also the possibility of further learning and advancement.

Having completed the training, she applied for the internship which was organized in the Royal Putnik Hotel in Vranje, a new, modern facility, with professional staff and service, the capacities of which are constantly full. The management of the hotel expressed willingness and readiness to organize the internship for young Roma, having in mind the fact that there is a constant need for good and quality workers in the sector. Within the internship, Andrijana had the opportunity to get acquainted with various departments of the hotel, from the reception, rooms, kitchen, and to get better acquainted with the work dynamics of the hotel.

“We went through all the departments of the hotel, but the kitchen surely left the biggest impression on me. It meant a lot to me to have been able to see and participate in the work, and I would, particularly, like to emphasize the teamwork of the staff. The speed and organization of work in the kitchen amazed me the most. When there is a big order, there is also a big responsibility, and you need to know where everything is in the kitchen and how it works. Besides, I had the opportunity to see how different dishes are made, which was additional experience for me.” She also adds that she was very pleased with the overall experience from the internship.

Given her dedication and hard work, after the internship, Andrijana was selected to receive additional stipend, to cover the costs of an additional course. Having im mind her interests, she chose an advanced course for chef. Regardless of the experience she had, she believes that the additional training in the field improved her culinary skills. “It is very significant, because it is not the same when you apply for a job without experience and without training. When you learn something, attend a course, it is very important for your future career and employment possibilities. Everyone is looking for some previous knowledge, speed, responsibility.”

Andrijana also left a great impression on the hotel management who monitored her internship and praised her engagement and responsibility. She currently works in a fast food restaurant but hopes that there will be an opportunity for her to advance and find employment in a new hotel that is about to be opened in the centre of Vranje. Either there or a at another more significant facility. We hope that the recommendations after the internship and additional course for chef will help her achieve her ambitions.

“Even though I was a bit sceptical at the beginning, I would recommend to others, especially young people, to use opportunities such as this one, if offered”, Andrijana states for the end.

The training, internship and stipends were organized and provided within the project “Improving access for Roma communities to employment opportunities in the hospitality industry”, funded by Hilton Global Foundation and Conrad N. Hilton Foundation. 

 

Aleksandar is a student of the 4th year of basic academic studies at the Faculty of Hotel Management and Tourism in Vrnjačka Banja. During his studies, he gained significant experience while attending professional practice in several hotels and a tourist agency in Serbia. And yet, he signed up for the training on opportunities in the hospitality industry, and then for the internship at the "Zelengora" hotel in Kragujevac in order to gain new work experience.

"I signed up for the training for several reasons: gaining new work experience, improving my own abilities in the hospitality industry/hotel management, as well as expanding the business environment, gaining new contacts in the hotel sector," says Aleksandar. He adds that the training was organized and took place in an excellent atmosphere, that the overall impression was very good and that every part of the training encouraged discussion. "I expected to gain new skills, experience, meet new people and improve my knowledge in the field of hotel management," says Alexander.

Hotel "Zelengora", where the training and the internship took place, is located in the very centre of Kragujevac, a city in central Serbia and, once upon a time, in the 19th century, the capital of Serbia. The hotel is located in a building that represents one of the architectural heritages of this city from some past times. Although it is not a new hotel and has a relatively small capacity, the hotel is full since early morning and is a starting point for the local population, whether they are citizens on their way to work stopping by for a morning coffee or pensioners who start the day here with friends over breakfast.

What Alexander expected was that, through an internship, he would improve his own skills in practice right here, beyond the scope of theory, in his own city. He states that he liked the attitude of colleagues from the reception desk the most, but also praises other colleagues from other sectors, and states that the internship went very well in a nice atmosphere.

In addition to the experience gained and the contacts established at the hotel, Aleksandar also states that the financial support during the internship meant a lot to him as a means on the way to completing his studies. After the internship, he was given the opportunity to attend additional training of his choice, which is covered by the project, and he chose it to be a language course. "The courses are a very good opportunity to further progress and open new chapters on a professional level."

Looking at all the activities in which he participated in the project, from training, to internships at the hotel, to additional trainings, Aleksandar states that this was a very important step in his professional development. "Each work experience is just an additional item in the CV that values my qualities and additionally affects my position as a worker in the hospitality sector," he states.

Although earlier there were some offers and indications that he could get a job, Aleksandar seems to know clearly in which direction he wants his career to develop, in line with his education. "Despite my age and insufficient experience, my wish is to work as an assistant top manager or a top manager in the hotel industry or tourism, and accordingly I will strive to improve my knowledge and raise my professionalism to an even higher level, gain greater work experience and, with the help of the courses that are available to us, to increase my qualities as a worker in the hospitality industry to a higher level."

Finally, Aleksandar has a message for all young people who have the opportunity for training: "They should use all the opportunities that are available to them to become a better, more advanced version of themselves on the business front. Only in this way can they expect to be accomplished and successful in their work. In order to succeed, you need to take a serious approach and think about your career in time, and there will hardly be better opportunities than these. That's why trainings of this type are a reward for participants, while for foundations, non-governmental organizations and mentors, they are another "stamp" on their long-term success, achieved year after year, knowing that they have created a new generation of young and capable people for certain jobs.”

The training, internship and stipends were organized and provided within the project “Improving access for Roma communities to employment opportunities in the hospitality industry”, funded by Hilton Global Foundation and Conrad N. Hilton Foundation. 

 

European Commission on Racism and Intolerance published a report on Serbia, within the sixth cycle of monitoring.

The sixth-round country reports focus on three topics common to all member States: (1) Effective equality and access to rights, (2) Hate speech and hate-motivated violence, and (3) Integration and inclusion, as well as a number of topics specific to each one of them.

The report states that, since the adoption of ECRI’s fifth-cycle report on Serbia on 22 March 2017, progress has been made and good practices have been developed in a number of fields.

As regards integration and inclusion of Roma, the 2021 amendments to the Law on Prohibition of Discrimination referred to segregation as a severe form of discrimination. Progress has overall been made in securing better preschool and school attendance of Roma pupils. Additionally, significant progress has been achieved towards resolving the problem of lack of personal identity documents for Roma.

However, the report states that some issues give rise to concern.

There is no comprehensive data on hate speech and the actual number of hate speech cases is considered to be much higher than what is reflected in existing statistics. Hate speech is persisting in political and other public discourse, in particular online, and targets various groups, such as Roma and other ethnic minorities, LGBTI communities and refugees/migrants.

ECRI recommends that the authorities step up their efforts in encouraging public figures, in particular high-level officials, politicians and religious leaders, to refrain from using racist and other forms of hate speech themselves, to firmly and promptly condemn the use of such speech by others, to use counter-speech and alternative speech, and to promote intergroup understanding, including by expressing solidarity with those targeted by hate speech.

With respect to Roma population, de facto segregation in education is relatively increasing and the school attendance and completion rates remain far lower for Roma children than for the general pupil population. Moreover, the housing situation of Roma remains very tense due to serious gaps in the implementation of an otherwise robust legal and policy framework.

In Findings and Recommendations, ECRI recommends that the authorities give the Commissioner for the Protection of Equality the prerogative to conduct inquiries into cases of discrimination ex officio and, upon request, to obtain evidence and other material.

ECRI recommends that the authorities take determined action to end all forms of de facto segregation of Roma children in schools, in line with the anti-discrimination legislation as amended in 2021.

In addition, taking into consideration connections between higher drop-out rates among Roma girls and the persisting phenomenon of early marriages, ECRI notes with interest the action taken by the authorities to end child marriage, including the creation, in 2019, of a National Coalition to End Child Marriage in Serbia.

In relation to employment, ECRI recommends that the authorities pursue their action aimed at targeting a greater number of highly-skilled Roma persons and strengthen their efforts to offer low-threshold vocational trainings and skills-building activities to enhance the employability of low-skilled Roma. Such activities should place particular emphasis on the specific needs of Roma women.

Regarding access to documentation, ECRI learned that, in cases where parents do not possess an ID card or a birth certificate, it was not possible to register new-born children upon birth, which rendered them legally invisible and at risk of statelessness. ECRI invites the authorities to ensure that parents of all children born in Serbia have access to timely birth registration.

Irregularities in the procedure for registration of permanent residence nevertheless persist, despite the legal solution enabling registration at the address of social welfare centre. In addition, persons who already have a registered permanent residence are denied such a possibility, even in cases where they have not been living in that place of permanent residence for years or even decades. ECRI invites the authorities to ensure that the regulations governing the procedures for registering a permanent residence are consistently applied.

 

The Report may be found HERE.

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