The Commissioner for Protection of Equality, acting upon a complaint lodged by Praxis, established that the Primary School "Branko Radičević" in Bujanovac, the Administration of Bujanovac Municipality and the Ministry of Justice, Science and Technological Development had violated, within their respective purviews, Articles 6 and 19 of the Law on the Prohibition of Discrimination because they failed to implement appropriate and effective measures to prevent and eliminate the formation of Roma-only classes in the said school. 

The formation of segregated classes in the school year 2018/19 was certainly a reason for addressing the Commissioner, but Praxis also pointed out that segregation had existed in this school for many years, that only-Roma classes existed in almost all grades, that there was an obvious disproportionate representation of Roma pupils and their parents in the Student Parliament, the Parent Council and the School Board, that annual school plans were burdened with stereotypical and discriminatory statements, and that the local environment was not supportive for the Roma community. In the procedure, the Commissioner established that Praxis’ allegations were founded and recommended measures for desegregation, but also for involving members of the Roma national minority in the work of school bodies, and training of all employees about discrimination, as well as measures aimed at developing a spirit of tolerance, respect for diversity and non-discriminatory behaviour.

The segregation in the Primary School "Branko Radičević" in Bujanovac is not an isolated case, and Serbia is expected to specifically consider the problem of segregation in education, as the European Commission pointed in its Serbia 2019 Report. Praxis also tried to stress this specific social problem which seriously violates the rights of the child by lodging complaints with the Commissioner for Protection of Equality on earlier occasions. However, the Commissioner either avoided to establish discrimination despite the existence of segregation in the PS "Vuk Karadžić" in Niš or considered that the right to education referred to in the Law on the Fundamentals of the Education had been violated, and not the provisions of the Law on the Prohibition of Discrimination, as claimed in the complaint against the PS "Jovan Jovanović Zmaj" in Surdulica.   

Bearing in mind the position so far regarding the existence of discrimination in the cases of segregation of Roma pupils, we reiterate the importance of the Commissioner’s decision in this particular case, and believe that the issued opinion will have a significant impact on the actions and work of public institutions, and that it will contribute to the suppression and eradication of this harmful social phenomenon.

Download the Commissioner's opinion here.

See media coverage:
RTS: "Children from Bujanovac without prejudice, education for parents as well" 
JuGmedia: "Discrimination: All Roma children separated in special classrooms" 
ROMInfomedia: "Segregation of Roma children in Bujanovac established" 
ROMInformedia: "BUJANOVAC: Primary School "Branko Radičević" will not act upon the Commissioner's recommendation, Roma classes remain" 
Blic: "All Roma children put in the same class" - Non-governmental organization pointed out at discrimination in Bujanovac 

More than 150 participants attended the Eurochild General Assembly and Members’ Day in Brussels on 17 and 18 April 2019, making it the largest gathering in Eurochild’s history. On that occasion, the Network of organizations for children of Serbia - MODS, as a member of the Eurochild’s National Partner Networks, was represented by Jasmina Miković from Praxis, President of the MODS Management Board.

The aim of this annual gathering of Eurochild members was to reflect on child rights advocacy in a changing Europe, share experiences and gain new knowledge in specific topics linked to Eurochild’s strategic goals, in order to be able to work/influence more effectively and work with the next EU legislature. Therefore, the meeting was attended by the high level EU stakeholders from the European Commission, who provided input to Eurochild’s advocacy work for children’s rights.

This meeting was the opportunity for Eurochild to reaffirm its Strategic Plan 2019-2021, as the result of a process of reflection with Eurochild members, Management Board, and children and young people. In the period 2019-2021, Eurochild’s advocacy will focus on tackling child poverty and social exclusion (promoting a children’s rights approach), reforming child welfare and protection systems (promoting systemic change centred on strengthening families and communities), and making children’s rights visible at the highest political level. 

The Eurochild network elected a new President of the Management Board, Marie Louise Coleiro Preca, who was formerly the President of Malta. The newly-elected President said: „I’m delighted to see child participation so central to the work of Eurochild. I’d like to use my time as President of this prestigious organisation to establish child participation as common practice across Europe, and to lead the way globally. I also intend to help Eurochild strengthen its ties with international organisations and the Council of Europe. By working with its 47 member states and their respective Parliamentary Delegations, Eurochild can bring children’s rights into the core of Parliaments across the European region.”

Eurochild also welcomed new board members and a completely new council of children aged 11 and upwards who will be Eurochild’s sounding boards and visionaries. The General Assembly approved membership of 17 new organisations and individuals to the Eurochild network and recognised a new national partner network ZIPOM from Slovenia, which brings Eurochild count of National Partner Networks to 23. 

During the Member’s Day, several working groups were organised to discuss about the EU presidencies and institutionalising child participation in the EU institutions, the next EU budget from a child rights perspective and the Child Guarantee, taking Eurochild’s Child Participation Strategy to the next level, early childhood development, the process of deinstitutionalisation and Eurochild’s governance and network development.

In addition to the General Assembly and Members’ Day, Jasmina participated at the Eurochild CIAC (Children in Alternative Care) thematic working group meeting on 16 April, dedicated to the future of Eurochild’s work towards achieving its 2nd Strategic Goal „Ending institutional care for all children across Europe“. During the group exercise and discussion, Jasmina presented some of the main opportunities and challenges with regards to deinstitutionalisation in Serbia.

See video: Eurochild: a glimpse into 2018  

Eurochild wants to see an end to child poverty and social exclusion, end to institutional care for all children in Europe and greater recognition of children’s rights in political discourse. The network advocates for better investment in children through EU funds and policies, increased recognition of children’s voices in public decision-making and reform of child protection systems across Europe through the Opening Doors for Europe’s Children campaign. Ahead of the European Elections 2019, Eurochild is campaigning for a European Parliament that stands for children with the Vote for Children campaign.   

In April 2019, Praxis continued providing assistance to refugees/migrants, through information, psychosocial support, referrals to the targeted assistance provided by various organisations/institutions or covering the costs of transport to the asylum and reception centres.

A total of 833 newly arrived refugees/migrants were informed about current situation in Serbia and the region, legal status and available legal options (seeking asylum in Serbia, assisted voluntary return to the country of origin, possibilities of family reunification abroad), accommodation in asylum centres (AC) or transit-reception centres in Serbia, means of transportation to the assigned centres, other rights and available services (medical care, psychosocial support, food, NFIs, various workshops for refugees/ migrants etc).

Download the whole Protection Monitoring Report for April 2019 here.

In March 2019, Praxis continued providing assistance to refugees/migrants, through information, psychosocial support, referrals to the targeted assistance provided by various organisations/institutions or covering the costs of transport to the asylum and reception centres.

A total of 1060 newly arrived refugees/migrants were informed about current situation in Serbia and the region, legal status and available legal options (seeking asylum in Serbia, assisted voluntary return to the country of origin, possibilities of family reunification abroad or resettlement to a third country when possible), accommodation in asylum centres (AC) or transit-reception centres in Serbia, means of transportation to the assigned centres, other rights and available services (medical care, psychosocial support, food, NFIs, various workshops for refugees/ migrants etc).

Download the whole Protection Monitoring Report for March 2019 here.

Dubrovnik, 22-23 March 2019

Civil Rights Defenders and the AIRE Centre (Advice on Individual Rights in Europe) organised the Sixth Regional Rule of Law Forum for South East Europe. The Forum gathered over 170 participants from Albania, BiH, Croatia, Kosovo, North Macedonia, Montenegro, Serbia, Turkey and Hungary, including presidents and judges of supreme and constitutional courts, members of judicial councils, directors of judicial academies, representatives of NGOs and prominent legal experts in the field, as well as nine current and former judges of the European Court of Human Rights in Strasbourg. As a representative of NGO Praxis, Jasmina Miković, Deputy Executive Director took part in the Forum.

The aim of the Forum was to promote the implementation of the European Convention on Human Rights at the domestic level, to encourage regional cooperation in the continued development of the rule of law and the protection of human rights, and to assist the process of EU integration across the region.

The topic of the 2019 Forum was child rights, focusing on the protection of children as an integral and essential part of the rule of law and marking 60th anniversary of the UN Declaration on the Rights of the Child. Children are amongst the most vulnerable members of our societies and the protection of their rights is of fundamental importance to the rule of law. The topics forming the basis of the Forum discussions included domestic violence (with children as victims and witnesses), human trafficking, asylum, migration, custody and care of children, and access to justice for children.

Goran Miletić from Civil Rights Defenders explained at the Forum: “We decided to organise the first Forum as a means to enhance dialogue, debate, as well as cooperation between judiciaries, legal professionals and civil society organisations across the region. By sharing best practises we hope to improve the implementation of human rights standards across the region. The Sixth Regional Rule of Law Forum for South East Europe will be dedicated to children’s rights. This topic, which has been emphasised as an issue of fundamental importance and relevance was chosen after consultations with judiciaries and relevant stakeholders throughout the region and in Strasbourg.”

The Vice President of the European Court of Human Rights, Judge Linos-Alexandre Sicilianos, stated: “The best interests of the child is a key notion in the case law of the European Court of Human Rights. It is used in a broad range of cases concerning not only family law (adoption, visitation rights, guardianship, international abduction of children, surrogate motherhood) but also in relation to other issues like detention of children, retention of migrant children, etc. The Court has developed a series of factors to be taken into account in order to better evaluate the best interests of the child on a case-by-case basis.”

During the Forum, Biljana Braithwaite, AIRE Centre Western Balkans Programme Manager said: “All the jurisdictions represented in this room today have the ECHR as part of their legal order, and everyone would agree that the protection of children is an essential and integral part of the rule of law. However, the legal protection of children under the Convention is not, in and of itself, sufficient to meet the obligations imposed by it. Notwithstanding the existence of such protection in the legal systems of the Council of Europe’s member states there have been many violations of the rights of children, who continue to suffer from, amongst other things, domestic violence, human trafficking and discrimination. It is important that the promotion and protection of their rights is practical and effective and does not remain theoretical and illusory. There is still work to be done to secure the full implementation of the rights of the child in practice, and we all have a role to play.”

An updated and expanded country profile on Serbia as part of the Statelessness Index has been launched today. The Serbia page now includes up-to-date data on new categories like withdrawal of nationality, reduction of statelessness, and bilateral return and readmission agreements, as well as a shorter country briefing in English and Serbian, which outline recommendations for the Government on how to improve the treatment of stateless people and to prevent and reduce statelessness (also attached to this email).

The Index country profile on Serbia provides analysis for over 25 different categories. Law, policy and practice under each of these categories are assessed against international norms and good practice and marked with a clear and easy to understand assessment key. 

MAIN 2019 INDEX UPDATES

Serbia saw some positive legislative developments in 2018, but the update also highlights some continuing concerns with implementation in practice. 

In March 2018, Serbia adopted a new Law on Foreigners, which established a definition of a stateless person and introduces provisions on detention and return procedures that could improve the situation of some stateless people. Detention may now only be ordered after considering less coercive measures; removal can be postponed and access to basic rights granted if someone’s identity can’t be determined (through no fault of their own); and temporary residence can be granted on humanitarian grounds if removal is postponed for over a year. As a result, the assessment of Serbia’s performance in the Detention theme has slightly improved. 

However, there is also a provision in the new law that presumes that if someone can’t establish their identity or doesn’t have a travel document, they are obstructing removal, which undermines some of these positive changes. The Index update also shows that work remains to be done to bring Serbian law, policy and practice on the protection of stateless people and prevention and reduction of statelessness in line with international standards: Serbia still has no statelessness determination procedure; bylaws requiring parents to be documented to register births remain in force; and safeguards to prevent children being born stateless in the country are undermined by implementation gaps. 

ABOUT THE STATELESSNESS INDEX

The Statelessness Index is an online tool that assesses how countries in Europe protect stateless people and what they are doing to prevent and reduce statelessness. It is the first to provide comprehensive and accessible comparative analysis for 18 countries in Europe, including Serbia. It allows users to quickly understand which areas of law, policy and practice can be improved by states.

The Index was developed by the European Network on Statelessness (ENS), in partnership with Praxis. It is an invaluable tool for sharing good practice and raising awareness of issues that affect stateless people. 

We look forward to working with key stakeholders to facilitate the change needed to improve the lives of stateless men, women and children living in Serbia. 

In February 2019, Praxis continued providing assistance to refugees/migrants, through information, psychosocial support, referrals to the targeted assistance provided by various organisations/institutions or covering the costs of transport to the asylum and reception centres.

A total of 517 newly arrived refugees/migrants were informed about current situation in Serbia and the region, legal status and available legal options (seeking asylum in Serbia, assisted voluntary return to the country of origin, possibilities of family reunification abroad or resettlement to a third country when possible), accommodation in asylum centres (AC) or transit-reception centres in Serbia, means of transportation to the assigned centres, other rights and available services (medical care, psychosocial support, food, NFIs, various workshops for refugees/ migrants etc).

Download the whole Protection Monitoring Report for February 2019 here.

The Anti-Discrimination Coalition and partner organizations demand from the competent authorities to withdraw from the adoption procedure the proposed Amending Act on the Anti-discrimination Law because representatives of vulnerable and discriminated groups, as well as the general public, had no opportunity to provide feedback on the proposed legal solutions. The text of the draft Act has an extremely large number of shortcomings; therefore, it is necessary to postpone its adoption and enable all stakeholders to provide their respective feedback.

The Government of the Republic of Serbia has recently prepared a proposed Amending Act on the Anti-discrimination Law. Contrary to the legal rules governing the drafting and adoption procedure of draft laws, the parties interested in the content of the Act were not allowed to participate in its drafting, nor was a public discussion on the proposed solutions held before the Government formally adopted them. This is also stated in item 9. Analysis of the effects of the Act that was submitted to the National Assembly along with the proposed Amending Act.

The lack of a wide debate on the new legal solutions directly prevented interested parties from making a constructive contribution to the quality of the proposed Act, and above all,  from contributing to the elimination of its numerous shortcomings, which can be divided into four different groups.

The first group consists of shortcomings which are linguistically meaningless or impossible linguistic structures, but also of spelling mistakes. For example, the text uses the word "doesnotjustify" (translator’s note: the whole phrase is written as one word) and states that "harassment...which is aimed at or constitutes a violation of dignity... is forbidden" (translator’s note: in the original, an impossible language structure is used). 

The second group of shortcomings indicates that the amendments are not proposed in accordance with the law drafting rules. For example, in a contradictory manner, the act authorizes the Commissioner to process names and other personal data of the parties in the ongoing court discrimination-related proceedings, but at the same time imposes the obligation to anonymize those data before the submission of the court judgments to the Commissioner.

The third group consists of legal and systemic shortcomings that prevent the adequate implementation of the Act, such as deleting general procedural guarantees pertaining to the complaint proceedings, thus jeopardizing the rights of the parties in the proceedings and paving the way for arbitrary decision-making on the part of the Commissioner. 

Finally, the fourth group of shortcomings are of legal and political nature and cast doubt on the actual intent of the author of the proposed amendments, such as the authorization of the Commissioner to decide not to act upon a complaint if he/she finds that the purpose of the proceedings can be achieved by issuing a public warning, or the introduction of misdemeanor fines ten times higher than the currently prescribed ones, without any reasoning behind it.

Since the number of these shortcomings exceeds the number of proposed amendments, and especially taking into account the fact that their adoption would significantly aggravate the status of the parties concerned with this Act, we consider it necessary to withdraw the proposed Act for adoption without any delay, and then enable all interested parties to participate in the improvement of the legal text at hand.

The Anti-Discrimination Coalition consists of the Center for the Advancement of Legal Studies, Civil Rights Defenders, Labris -Organization for Lesbian Human Rights, the Network of Human Rights Committees (CHRIS Network), the Association of Disabled Students, Gayten LGBT, Praxis and the Equality.

The list of organisations supporting the initiative can be downloaded here.