N.M. did not fulfill the condition for submitting the request for issuance of ID card because he was not able to register his permanent residence since he was living on the stairs in front of Grdelica Community Centre. Upon the intervention of Praxis on the application of the Article 11, Paragraph 2, Item 4 of the Law on Permanent and Temporary Residence of Citizens on the basis of which the competent body can establish the permanent residence at the address of the Social Welfare Centre, the Manager of the Social Welfare Centre Leskovac (SWC) addressed the Police Department Leskovac with the request for the issuance of ID card for N.M. with the temporary residence registered at the address of SWC. Acting upon the request, Police Department Leskovac issued the ID card to N.M. with the permanent residence registered at the address of SWC and validity date of 10 years. According to the official of the Police Department, it is not possible to register the temporary but only the permanent residence due to the shortcomings of the information system of the Ministry of Interior.

Manager of the SWC draws attention that no bylaw, which would regulate the procedure of the registration of permanent residence at the address of the Social Welfare Centre, has been adopted so far, which prevents the consistent application of the Article 11, Paragraph 2, Item 4 of the Law on Permanent and Temporary Residence. In addition, SWC has approved the registration of temporary residence at the address of SWC to yet another person.

The Commissioner for Protection of Equality has determined discriminatory behaviour towards the Roma accommodated in container settlements formed after the eviction of informal Roma settlement Belvil in Belgrade.

That reaction of the Commissioner came upon the complaint, which Praxis filed in the name of the Coalition against Discrimination to the Commissioner, for the legal regime established in container settlements in which the Belgrade City Administration place the Roma evicted from some informal settlements.

Actually, the City Administration conditioned the Roma living in container settlements with good manners towards the representatives of the institutions of the City of Belgrade and their interest in the efforts of the City to socialize the individuals and have other people in the containers, in order to avoid the possibility to be forcibly evicted. On the basis of those discriminatory provisions, the City Administration evicted 11 families (44 persons).

Accordingly, the Commissioner has made the recommendation to the City Administration to amend the discriminatory provisions of the contract on the use of mobile housing units and house rules within 30 days upon the reception of the recommendation.

For more information see the announcement Discrimination against Roma Living in Container Settlements Formed after Forced Evictions

The Commissioner for Protection of Equality has determined that the Belgrade City Administration had discriminated against the Roma living in container settlements, said NGO Praxis.

The City Administration has stipulated that if the Roma residing in container settlements “do not adopt rules of good manners towards the representatives of the institutions of the City of Belgrade”, and “do not show an interest in the efforts of the City to socialize the individuals and their families”, or if they “have guests in the containers”, they might be again forcibly evicted from the accommodation provided to them.

At the same time, the Commissioner has made a recommendation to the City Administration to amend the discriminatory provisions of the contract on the use of mobile housing units and house rules obliging for the Roma in container settlements.

Praxis filed a complaint in the name of the Coalition against Discrimination to the Commissioner for Protection of Equality for the fact that a legal regime established in container settlements, in which the City Administration places Roma after being evicted from some informal settlements, does not apply to any other population groups.

Read in Elektronske Novine

The Commissioner for Protection of Equality has determined that the Belgrade City Administration had discriminated against the Roma living in container settlements, said NGO Praxis.

At the same time, the Commissioner has made a recommendation to the City Administration to amend the discriminatory provisions of the contract on the use of mobile housing units and house rules obliging for the Roma in container settlements.

Praxis filed a complaint in the name of the Coalition against Discrimination to the Commissioner for Protection of Equality for the fact that a legal regime established in container settlements, in which the City Administration places Roma after being evicted from some informal settlements, does not apply to any other population groups.

Read on B92

Law on General Administrative Procedure

Law on Civil Procedure

Law on Republic Administrative Fees

Law on Free Access to Information of Public Importance

Law on Court Fees

Law on Administrative Disputes

Law on State Administration

Law on Administrative Inspection

Law on Organization of Courts

Law on Constitutional Court

Law on Non-Contentious Procedure

Law on Prohibition of Discrimination

Law on Gender Equality

Law on Prevention of Discrimination against Persons with Disabilities

Law on Protection of Rights and Freedoms of National Minorities

Law on Ombudsperson

Family Law

...

Non-governmental organization Praxis announces that the Commissioner for Protection of Equality has determined that the Belgrade City Administration had discriminated against the Roma living in container settlements formed after forced evictions of informal Roma settlements. At the same time, the Commissioner has made a recommendation to the City Administration to amend the discriminatory provisions of the contract on the use of mobile housing units and house rules obliging for the Roma in container settlements.

To remind, Praxis filed a complaint in the name of the Coalition against Discrimination to the Commissioner for Protection of Equality for the fact that a legal regime established in container settlements, in which the City Administration places Roma after being evicted from some informal settlements, does not apply to any other population groups. Namely, the City Administration has stipulated that if the Roma residing in container settlements “do not adopt rules of good manners towards the representatives of the institutions of the City of Belgrade”, and “do not show an interest in the efforts of the City to socialize the individuals and their families”, or if they “have guests in the containers”, they might be again forcibly evicted from the accommodation provided to them. Based on these discriminatory provisions, the City Administration has evicted 11 families (44 persons).

It is undisputed that the City Administration had results in the increase of the number of Roma children from container settlements who attend the school, the number of Roma who exercise the right to health care and social protection. Also, it is beyond question that the integration of Roma cannot be conducted by threats of forced evictions only for the residents of container settlements and not for any other population group in Serbia. As for the behaviour sanctioned by the eviction from container settlements, either the legal order of the Republic of Serbia has anticipated penalty provisions, which are significantly milder than City provisions, or it failed to anticipate them at all.

According to the General Comments of the UN Committee on Economic, Social and Cultural Rights, one of the aspects of the right to adequate housing is legal security of tenure. Therefore, we consider that Commissioner for Protection of Equality’s determination of discriminatory obligations imposed upon the Roma in container settlements, based on which they can be evicted, clearly points that evictions of informal Roma settlements are not conducted in accordance with international human rights standards.

The Commissioner for Protection of Equality has determined that provisions of the contract on the use of mobile housing units, house rules and warnings along with the house rules represent the acts of discrimination against Roma and therefore the City Administration needs to change discriminatory provisions within 30 days upon the reception of the recommendation.

We expect that the City Administration will act according to the opinion and recommendation of the Commissioner for Protection of Equality and afterwards apologize and compensate the damage to all families evicted from container settlements.

Once again, we call on the Serbian authorities to immediately cease the practice of forced evictions of informal Roma settlements and establish the legal framework in order to regulate the evictions in compliance with international contracts binding on the Republic of Serbia.

Download (only in Serbian): Complaint to the Commissioner for Protection of Equality
Download (only in Serbian): Amendment to the Complaint to the Commissioner for Protection of Equality
Download (only in Serbian): Opinion of the Commissioner for Protection of Equality on Discrimination
Download (only in Serbian): Contract on the Use of Mobile Housing Units
Download (only in Serbian): Warning

Non-governmental organization Praxis announces that the Commissioner for Protection of Equality has determined that the Belgrade City Administration had discriminated against the Roma living in container settlements formed after forced evictions of informal Roma settlements. At the same time, the Commissioner has made a recommendation to the City Administration to amend the discriminatory provisions of the contract on the use of mobile housing units and house rules obliging for the Roma in container settlements.

To remind, Praxis filed a complaint in the name of the Coalition against Discrimination to the Commissioner for Protection of Equality for the fact that a legal regime established in container settlements, in which the City Administration places Roma after being evicted from some informal settlements, does not apply to any other population groups. Namely, the City Administration has stipulated that if the Roma residing in container settlements “do not adopt rules of good manners towards the representatives of the institutions of the City of Belgrade”, and “do not show an interest in the efforts of the City to socialize the individuals and their families”, or if they “have guests in the containers”, they might be again forcibly evicted from the accommodation provided to them. Based on these discriminatory provisions, the City Administration has evicted 11 families (44 persons).

It is undisputed that the City Administration had results in the increase of the number of Roma children from container settlements who attend the school, the number of Roma who exercise the right to health care and social protection.  Also, it is beyond question that the integration of Roma cannot be conducted by threats of forced evictions only for the residents of container settlements and not for any other population group in Serbia. As for the behaviour sanctioned by the eviction from container settlements, either the legal order of the Republic of Serbia has anticipated penalty provisions, which are significantly milder than City provisions, or it failed to anticipate them at all.

According to the General Comments of the UN Committee on Economic, Social and Cultural Rights, one of the aspects of the right to adequate housing is legal security of tenure. Therefore, we consider that Commissioner for Protection of Equality’s determination of discriminatory obligations imposed upon the Roma in container settlements, based on which they can be evicted, clearly points that evictions of informal Roma settlements are not conducted in accordance with international human rights standards.

The Commissioner for Protection of Equality has determined that provisions of the contract on the use of mobile housing units, house rules and warnings along with the house rules represent the acts of discrimination against Roma and therefore the City Administration needs to change discriminatory provisions within 30 days upon the reception of the recommendation.

We expect that the City Administration will act according to the opinion and recommendation of the Commissioner for Protection of Equality and afterwards apologize and compensate the damage to all families evicted from container settlements.

Once again, we call on the Serbian authorities to immediately cease the practice of forced evictions of informal Roma settlements and establish the legal framework in order to regulate the evictions in compliance with international contracts binding on the Republic of Serbia.

Download (only in Serbian): Complaint to the Commissioner for Protection of Equality
Download (only in Serbian): Amendment to the Complaint to the Commissioner for Protection of Equality
Download (only in Serbian): Opinion of the Commissioner for Protection of Equality on Discrimination
Download (only in Serbian): Contract on the Use of Mobile Housing Units
Download (only in Serbian): Warning

Download: HERE

Ivana Stankovic from non-governmental organization Praxis, says in the interview for Daily Danas that impediments faced by "legally invisible" persons are numerous.

The first step they need to make is to subsequently register the fact of their birth in birth registries. However, they often cannot meet the necessary requirements prescribed by the law. In order to register in birth registries, they need to provide the data about their birth and origin, their parents' documents, etc. Moreover, there are many Roma families whose members do not have personal documents through generations, and who do not have basic data necessary for the registration in birth registries. At the same time, the parents who have no personal documents and who fail to subsequently register the fact of their birth, cannot register their children in birth registries either, which makes a vicious circle of "legally invisible" persons, says Ivana Stankovic.

Read more in Danas.