Medical staff of the Department for Maxillofacial Surgery at the Faculty of Dental Medicine in Belgrade, where B.K. had jaw surgery, refused to dress her wound for the lack of health booklet, even though the medical report indicated the necessity of regular wound dressing after the operation. On that occasion, they suggested that she address the Belgrade Emergency Centre but she did not encounter understanding of the medical staff there either. In the meantime, her wound got severely infected and her face noticeably swollen and therefore B.K. addressed Praxis for assistance in obtaining the health booklet. In agreement with the health mediator in the Municipality of Cukarica, Praxis succeeded in helping B.K. to be received in the Health Centre Cukarica without a health booklet, for the purpose of receiving the necessary treatment.

B. K. lives in the informal settlement Cukaricka suma, and is thus unable to register her permanent or temporary residence. The attempt to obtain health booklet for B.K. in the branch of the Republic Fund of Health Insurance in Cukarica was futile, even though the Article 22 of the Law on Health Insurance stipulates that persons of Roma nationality who, due to their traditional way of life do not have permanent or temporary residence, can be beneficiaries of health protection.

After the adoption of the Law on Amendments to the Law on Non-Contentious Procedure providing a possibility for persons who cannot prove the fact of their birth in the administrative procedure to exercise the right to registration in birth registries through a non-contentious procedure, some bodies started denying their competence in conducting procedures for subsequent birth registration. Even though the court procedure has been envisaged as subsidiary to the administrative procedure, where the exercise of the right to be recognised as a person before the law can be sought only by persons who cannot prove date and place of their birth based on regulations specifying the administering of birth registries, some administrative bodies started informing the applicants that they were no longer competent  for proceeding in such cases after the adoption of the amendments of the Law on Non-Contentious Procedure, without even considering the details of concrete requests for subsequent registration and enclosed evidence. For instance, the administrative bodies of Vozdovac and Kraljevo informed verbally the clients’ proxies that they could not conduct the procedures of subsequent birth registration anymore since the Law on Non-Contentious Procedure had been amended. In addition, the administrative body in Vranje returned the requests to the applicant with the information that subsequent birth registration was in the competence of the court.

After the intervention of Praxis’ lawyers, the stated bodies accepted the competence for proceeding, but it is, however, worrying that administrative bodies avoid conducting procedures they are bound to in accordance with the law, irrespective of whether they are doing it for the lack of regulations, avoidance of responsibility or laziness.

On 22 March 2013, the seminar for judges deciding in non-contentious procedure in the first and the second instance and judicial associates on the amendments to the Law on Non-Contentious Procedure, which stipulate a new procedure for determination of date and place of birth, was held in the Basic Court in Novi Sad. The seminar was attended by judges from Novi Sad, Vrbas, Sombor, Becej, Zabalj, Stara Pazova and other towns of Vojvodina.

The present were addressed by representatives of the Technical Group formed based on the Memorandum of Understanding concluded between the Ministry of Justice and Public Administration, Ombudsperson and UNHCR. It was pointed at the importance of standardization of the procedure for determination of time and place of birth in order to eradicate the phenomenon of legally invisible persons in Serbia. PhD Nikola Bodiroga, a professor at the Faculty of Law of the University of Belgrade, talked about the legal aspects, interpretation and analysis from the viewpoint of practical implementation of newly adopted solutions. The judges were given guidelines for acting upon some provisions of the new law. PhD Bodiroga particularly pointed at the specificity of the subject matter and the interest of the state to eradicate the phenomenon of legally invisible and therefore he suggested that judges should refer flexibly to the evidence in the concerned procedure and not insist on proving the facts related to time and place of birth to the extent of certainty but to the extent of probability, especially in case of statements of witnesses.

In the concluding part of the seminar, judges from Vojvodina presented their views on newly adopted regulation and exchanged experience from a few procedures initiated so far for determination of time and place of birth. It was pointed out that two concerned procedures have been initiated in Novi Sad and Sombor each, while only one motion has been filed in Zabalj and Becej each. The judge of Becej-based Court, who completed the procedure and issued a decision, presented the details of the respective procedure to the participants. Based on the comments of the present judges, insufficient information about the problem of legally invisible persons in Serbia and its consequences could be noticed, as well as a fear of abuse of legal solutions. This seminar should have a positive impact on the application of the new regulation and attitude the acting judges have towards its effects, particularly in reference to protection of interests of the members of the most vulnerable population groups.

Non-Governmental Organization Praxis informs the public that the Secretariat for Social Welfare of the City of Belgrade plans to evict Mrs Djemilje Veselji and her family from the accommodation in container settlement Makis II, 69 š Obrenovacki drum Street, on Friday 22 March 2013 at 10 a.m.

Djemilje Veselji and her family have been accommodated there since 26 April 2012 when they signed the contract on use of the mobile housing unit with the Secretariat for Social Welfare. They were granted the accommodation after the eviction from the informal settlement Belvil where they had lived since the displacement from Kosovo. On 11 March 2011, a decision on cancellation of the contract, issued by the Secretariat, was hung on the container of the Veselji family, in which they were ordered to empty the mobile housing unit and move out. No deadline for complaint or the instruction on legal remedy was given to the family, while they were verbally informed about when to move out.

In accordance with the provisions of the contract signed between EU Delegation in Serbia and UNOPS, the beneficiary of which is the City of Belgrade, families evicted from Belvil should be accommodated in social housing apartments by February 2015. Djemilje Veselji and other members of her family who live in the container with her are on the list of families who should be granted a social housing apartment stated in the Annex I of the Action Plan for Resettlement of Belvil.

However, bearing in mind Djemilje’s social vulnerability, her age and poverty, if she is moved out from the container accommodation, she will not be able to find any alternative accommodation where she could live until she is given the social housing apartment.

We emphasise that Serbia is a signatory of all international treaties explicitly guaranteeing the commitment of the state to secure adequate alternative accommodation, and that violation of this commitment entails responsibility before the international bodies and leads to violation of not only the right to housing but also the rights to protection of home, private and family life, property, and in most extreme cases to inhumane and humiliating treatment.

We fiercely condemn the intention of the Secretariat for Social Welfare to evict Mrs Veselji and her family and we call on the republic and City authorities to suspend their decision.

See the announcement: Forced Eviction of Djemilje Veselji and Her Family Announced
See the text of Ljubomir Zivkov in the Magazine Vreme: Kazna za nesportski zivot

Upon the complaint filed by Praxis against Surdulica Primary School "Jovan Jovanovic” and the headmaster as a responsible person for discrimination against Roma children in the separate four-grade class in Masurica, the Commissioner for Protection of Equality issued her opinion with recommendation on 22 February 2013. The issued act determined that responsible persons in the school had not taken timely measures to prevent direct discrimination against Roma pupils and recommended professional training of teaching staff for individual education and interactive classes with an aim to supress stereotypes, prejudices and discrimination, and taking all necessary pedagogical measures to motivate Roma children to come to school and attend classes in order to ensure the exercise of the right to equal and quality education without discrimination.

Specifically, during the visit to an informal Roma settlement located nearby the stated school, the attention of Praxis’ representatives was drawn to the extremely bad – inappropriate, often insulting and inhumane, but primarily discouraging and excluding, discriminatory treatment of pupils of Roma national minority by the teachers and school staff. Out of total number of pupils enrolled in this separate class, 52% are members of Roma national minority. Praxis specified in the complaint all individual forms of discrimination and segregation of Roma systematically reappearing during the classes and school activities, of which Praxis was informed by the parents of the children.

Discriminatory treatment by teachers and other employees was manifested in different manners:  Roma children were physically separated from other pupils during classes, placed in the last rows of school desks, deprived of the possibility to use free textbooks as other children did, i.e. prohibited from carrying the textbooks to their homes, under the pretext of danger of their being damaged given the living conditions of Roma. The pupils of Roma nationality were excluded from English classes with an explanation that subject matter was too difficult for them to master; also, it was pointed to the fact that pupils of Roma national minority attending the Primary School “Jovan Jovanovic Zmaj” in Masurica were suggested on a daily basis that they could leave the classes and that they did not have an obligation to attend them, while special and less demanding teaching criteria were being established for them, which resulted in the fact that these children could not acquire appropriate knowledge as their peers of non-Roma nationality.

Upon conducting the procedure in which the Commissioner determined relevant facts and after the statements of all interested persons – the headmaster, teaching staff and parents of some pupils of Roma nationality, the opinion was issued with recommendations to be acted upon within 30 days. The opinion indicated that behaviour of teaching staff caused the violation of the Article 21 of the Constitution of the Republic of Serbia, which prohibits any kind of direct or indirect discrimination, and violation of the provisions of the Law on the Prohibition of Discrimination and the Law on Foundations of the Education and Upbringing System. In addition, the opinion also indicated that acting of the stated persons was contrary to the strategic goals related to inclusion, integration and reduction of differences between members of Roma population and other citizens, determined by the Strategy for Improvement of the Status of Roma in the Republic of Serbia adopted by the Government of the Republic of Serbia in 2009.

Prejudices, lack of tolerance, understanding and good will to include the members of Roma nationality in social frameworks of established social system, are the problem whose solution requires active approach, transparency and more dedication of the responsible state bodies and institutions. Praxis will monitor the implementation of recommended activities and measure, as well as the future treatment of the pupils of Roma nationality by the employees in the separate class in the Primary School “Jovan Jovanovic Zmaj” in Masurica.

Download: Opinion and Recommendation of the Commissioner for Protection of Equality

With an aim to agree on activities that should be taken for the provision of financial, medical, legal and other assistance for three pupils of Roma nationality attending the Primary School “Dragojlo Dudic” in Belgrade, upon the initiative of the headmaster, employees of the school (psychologist, pedagogue, headmaster) had a meeting with the representatives of Social Welfare Centre Zvezdara and Praxis, Roma coordinator and health mediator in charge of the Municipality of Zvezdara,. Two pupils live in foster families and the third is legally invisible, i.e. not registered in birth registry book.

Since the enrollment of the pupils of Roma nationality in the Primary School “Dragojlo Dudic”, the employees have undertaken active measures for their care and inclusion in the educational system: they organized collecting of clothes and financial assistance for ensuring regular meals, health care was provided by organizing medical examinations for children and obtaining necessary medicaments and other medical devices, and families in which the pupils live were regularly visited for providing psychosocial support.

It was agreed in the meeting that everyone, in accordance with their mandate and competencies, should take some steps in order to provide necessary assistance to the pupils. After the meeting, the participants visited the families of the pupils in order to have an insight into their living conditions and gather additional information for provision of necessary assistance. The very initiative of the headmaster of the Primary School “Dragojlo Dudic” is an affirmative image of responsible persons’ treatment of the members of marginalized social groups and should be an impetus for other schools too.

With an aim to agree on activities that should be taken for the provision of financial, medical, legal and other assistance for three pupils of Roma nationality attending the Primary School “Dragojlo Dudic” in Belgrade, upon the initiative of the headmaster, employees of the school (psychologist, pedagogue, headmaster) had a meeting with the representatives of Social Welfare Centre Zvezdara and Praxis, Roma coordinator and health mediator in charge of the Municipality of Zvezdara,. Two pupils live in foster families and the third is legally invisible, i.e. not registered in birth registry book.

Since the enrollment of the pupils of Roma nationality in the Primary School “Dragojlo Dudic”, the employees have undertaken active measures for their care and inclusion in the educational system: they organized collecting of clothes and financial assistance for ensuring regular meals, health care was provided by organizing medical examinations for children and obtaining necessary medicaments and other medical devices, and families in which the pupils live were regularly visited for providing psychosocial support.

It was agreed in the meeting that everyone, in accordance with their mandate and competencies, should take some steps in order to provide necessary assistance to the pupils. After the meeting, the participants visited the families of the pupils in order to have an insight into their living conditions and gather additional information for provision of necessary assistance. The very initiative of the headmaster of the Primary School “Dragojlo Dudic” is an affirmative image of responsible persons’ treatment of the members of marginalized social groups and should be an impetus for other schools too.

Praxis’ lawyer, as the proxy of S.B., has tried to initiate the procedure for the registration of permanent residence at the address of the Social Welfare Centre (SWS) Novi Beograd, based on the possibility envisaged by the Law on Permanent and Temporary Residence of Citizens. On that occasion, the employee of SWC Novi Beograd rejected in words to act upon the request of the client explaining her standpoint by the lack of precise instructions on the manner of acting in the concerned situation. Insisting of the Praxis’ lawyer that SWC employee should act in accordance with the law, and receive and file the request in the official register was fruitless. By this unlawful acting, the employee deprived the client from exercising the right to permanent residence guaranteed by the law.

The Ombudsman of the Republic of Serbia has published the regular annual report for 2012. The report can be downloaded here.

Network of Organizations for Children of Serbia - MODS has published the report on its work for 2012. The report can be downloaded here.