"What they are unable to do is to prove the fact of their birth and to meet the requirements set by the Law on Registry Books, related to the type and quantity of necessary evidence", said Ivana Stankovic, Programme Coordinator in Praxis, for RTS. You can download the whole text here.

NGO Praxis visited the Roma settlement in Ledine accompanied by Iva Martinovic from Pescanik. The interview with Praxis' lawyer Jelena Milonjic and the residents of this settlement can be downloaded here.

On 1 December 2010, Praxis started implementing the project Contribution to Social Inclusion and Combat against Discrimination of Marginalized Population in Serbia funded by Norwegian Ministry for Foreign Affairs, which will last by 30 November 2013.

The project goal is the reduction of discrimination and elimination of systemic obstacles in accessing personal documents and socio-economic rights by the marginalized population groups.

The project activities include:

1)    monitoring, analyzing and documenting the improvement of the legal framework and institutional practice regarding access to human rights by marginalized population, gaps in legislation, strategic plans and institutional practice, as well as cases of discrimination
2)    organizing workshops in informal settlements
3)    sensitizing local and national stakeholders
4)    strategic litigation challenging discrimination
5)    evaluation in progress in the process of social inclusion

The first implementation year ended on 30 November 2011.  During that period, Praxis’ cooperating partner was the Roma Educational Centre from Subotica.

Download: Praxis' First Year Report - NMFA

Within the Project “Contribution to Social Inclusion and Combat against Discrimination of Marginalized Population in Serbia", funded by the Royal Norwegian Ministry of Foreign Affairs, Praxis issued a report Analysis of the Main Problems and Obstacles in Access of Roma in Serbia to the Right to Education.

Universal accessibility of the right to education, as one of the fundamental human rights essential or exercise of other human rights, is one of the major challenges of modern mankind. The significance of this challenge is supported by the fact that universal education has been listed as one of the Millennium Development Goals1 the achievement of which should contribute to eradication of poverty.

Although the problem of the lack of education in Serbia may be observed among the members of different economically and socially marginalised groups, the scale of this problem is the most pronounced among the Roma national minority. Since the achievement of universal education in Serbia is impossible to conceive without paying special attention to this group, this analysis is primarily dedicated to the obstacles which the Roma population faces in access to the right
to education. It is only by including this group into the education system, that achievement of the universal primary education-related Millennium Development Goals is possible.

Download: Analysis of the Main Problems and Obstacles in Access of Roma in Serbia to the Right to Education

Within the Project “Contribution to Social Inclusion and Combat against Discrimination of Marginalized Population in Serbia”, funded by the Royal Norwegian Ministry of Foreign Affairs, Praxis issued the report Analysis of the Main Obstacles and Problems in Access of Roma to the Rights to Health and Health Care in July 2011.

The right to health represents a necessary precondition for exercise of a range of other rights including the right to life. At the same time, the right to health itself is conditioned by exercise of numerous other rights, including the right to food, housing, employment, education, human dignity, absence of discrimination, equality, prohibition of torture, privacy and access to information. The close correlation and inter-dependence of these rights are reflected in the fact that a violation of one right prevents access to a range of other rights. Deep differences with respect to health status of the vulnerable groups and deprivation of their right to health care are most often a consequence of an earlier violation of some other right. This is confirmed also by the position of the Roma ethnic minority in the Republic of Serbia (RS). The Roma represent one of the most vulnerable groups in the society. It is the members of this group who are most often deprived of access to the basic health care and numerous other determinants of the right to health.

The right of each person to health is contained in the most relevant international and regional instruments. The Universal Declaration of Human Rights stipulates that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care (...)“. Guarantees of the right to health, as a fundamental human right are enshrined also in the (revised) European Social Charter, The International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, Convention on the Rights of the Child.

Roma have not arrived to the position they are in by themselves – much of the responsibility for this lies with the society. Stipulating “equal conditions” and letting them “find their way by themselves” will not do. Exclusion and isolation of Roma were largely caused by the society, so it is impermissible that the society should not take part in resolving these problems. Drastic inequalities in health of Roma and the shorter life expectancy of the members of this population are not the consequences of genetic predispositions, but a testimony to their exclusion that the State must put an end to.

Download: Analysis of the Main Obstacles and Problems in Access of Roma to Rights to Health and Health Care

Everyone must be protected from privation and must be able to enjoy minimum rights necessary for survival. Without protection from poverty and social exclusion there can neither be human dignity nor respect for human rights. Poverty and privation infallibly point to the existing violation of human rights and reduce opportunities of an individual to enjoy the rights he/she is entitled to. Inability to satisfy the main existential needs is almost always accompanied by social exclusion, illiteracy, malnourishment, poor health and discrimination. And these very consequences require that poverty be approached as an issue of human rights violations and not as an exclusively economic phenomenon.

The social protection system is inseparable from the phenomenon of poverty and from prevention of consequences brought on by privation. Although social protection itself cannot eradicate the causes of poverty and the phenomenon itself, it may still alleviate its consequences, the recurrence and spreading thereof. Therefore, the states have an obligation to assist the persons in need of social protection by use of the social protection mechanisms.

The group most severely affected by poverty and at greatest risk of staying in poverty in Serbia are the members of the Roma ethnic community. Their deeply rooted poverty cannot be observed as an economic problem solely, but as a reflection and a consequence of their long-standing marginalization and inequality in all the other spheres – in education, on the labour market, in access to health care and social housing.

Through this report Praxis first invested efforts in making an analysis of obligations of the State to set up a system ensuring social protection, meeting the social needs and enabling exercise of the right to social protection of one of the most disadvantaged groups living on its territory. The report also focuses on problems related to deficiencies of the legal framework and, accordingly, problems which Praxis and its clients have faced in practice, through describing examples of individual cases, which refer to establishing territorial jurisdiction of the social welfare centres and obstacles in exercising the right to social assistance for inhabitants of informal settlements and the “legally invisible” persons, as well as complicated administrative procedure. Finally, the report shows the consequences of derivation of the right to social protection.

Download: Analysis of the Main Obstacles and Problems in Access of Roma to the Right to Social Protection

Through publications issued in 2008 (Legally Invisible Persons in Seven Stories - why should the Law on the Procedure for Recognition of Persons before the law be adopted) and 2009 (Legally Invisible Persons in Serbia - the State Must Take over the Responsibility), Praxis strived to point to the difficult position of persons who legally do not exist and to make visible the problems of those who are themselves invisible before the law. At the same time, Praxis pointed to the obligation of the State to take over the responsibility for solving the problems of persons who are not registered in birth registry book – “legally invisible” persons – and to regulate with precision the procedure of subsequent registration in birth registry book while bearing in mind the specific characteristics of the Roma community whose members face difficulties when registering in birth registry book.

Numerous UN agencies, primarily UNHCR and UNICEF, as well as the European Commission, OSCE and the bodies monitoring the implementation of international treaties ratified by Serbia have also been pointing to the necessity of resolving the status of “legally invisible” persons. In this respect, the UN Committee on the Elimination of Racial Discrimination and the UN Human Rights Committee have recently expressed their concern about the problems of the “legally invisible” and, at the same time, made recommendations to undertake necessary measures, including amendments of relevant regulations, with the aim of finding solutions for the problems of these persons.

Some progress has been made by recognizing the existence of the problem and the necessity of its resolution, which has been stressed in the Strategy for Improvement of the Status of Roma in the Republic of Serbia and the Action Plan for implementation of the Strategy. However, real changes and the more precise regulation of the procedure of subsequent registration have failed to take place.

The report “Legally Invisible Persons in Serbia - Still without a Solution” represents Praxis’ latest efforts to once again point to the problem of “legally invisible” persons through actual cases from practice.
 
The report was prepared by within the projects “Contributions to Social Inclusion and Combat against Discrimination of Marginalized Population in Serbia”, funded by the Royal Norwegian Ministry of Foreign Affairs, and “Social Inclusion: Regional Support to Marginalised Communities” funded by the United Nations High Commissioner for Refugees (UNHCR) in Serbia. The report is a result of Praxis’ many years of experience in working in this field and its efforts aimed at overcoming problems of persons who are not recognized before the law.

The views presented in this report are exclusively those of the author and do not necessarily represent official standpoints of the Royal Norwegian Ministry of Foreign Affairs or the UNHCR Representation in Serbia.

Download: Legally Invisible Persons in Serbia - Still without a Solution

As a part of the project directed at reduction and prevention of statelessness in Serbia, funded by the United Nations High Commissioner for Refugees (UNHCR), in December 2010 Praxis issued a report entitled “Persons at Risk of Statelessness in Serbia”. Purpose of this report is to make visible persons who are facing obstacles in the Republic of Serbia in exercising right to citizenship and to point to necessity of solving their problems which have been left aside for too long.

The report deals with the right to a nationality, first as prescribed by the international law and then as prescribed by the legal system of Serbia, stating more precisely basic ways of acquiring citizenship of the Republic of Serbia and introducing the situation of persons who are between statelessness and nationality.

Main part of the report is focused on identified obstacles in exercise of right to nationality in Serbia, as well as the categories of persons who are most affected by these obstacles and thus left at risk of statelessness. Supported by a number of individual case studies, the report illustrates the consequences of lack of citizenship, that is, deprivation of rights which such persons are facing.

Finally, the report contains recommendations for overcoming identified obstacles that would contribute to preventing and reducing statelessness in Serbia.

Download: Persons at Risk of Statelessness in Serbia 

The right to peaceful enjoyment of property is one of the basic human rights, particularly significant to internally displaced persons (IDPs), since exercise of that right is an important precondition for sustainable return of displaced persons to places of their permanent residence or, on the other hand, for taking up permanent residence in places in which they sought refuge.

Internally displaced persons cannot be illegally deprived of their property rights and their property left behind in the place of permanent residence should be protected against destruction and arbitrary and illegal appropriation, occupation or use1.

An independent and impartial body should decide about the requests of internally displaced persons for repossession of property (housing, commercial property and land) which they have been deprived of arbitrarily and illegally. In addition, internally displaced persons have the right to return voluntarily to their former homes, lands or places of habitual residence, in safety and dignity2.

Ten years after the conflict in Kosovo, many internally displaced persons are still facing problems in exercising their property rights, despite the above-mentioned international principles and the fact that the international community had established independent bodies and a separate legal framework for protection of property rights in Kosovo.

In November 1999, under the auspices of the UN Mission in Kosovo (UNMIK), the Housing an Property Directorate and the Housing and Property Claims Commission were established and given the mandate to resolve property claims in Kosovo, until the Special Representative of the UN Secretary General considers that the local authority institutions are able to perform duties assigned to the above-mentioned bodies. The Housing and Property Claims Commission, as an independent quasi-judicial body, had the jurisdiction to resolve property disputes relating to possession right over the housing property.

In March 2006, the Kosovo Property Agency (KPA)  continued the work of the Housing and Property Directorate. The mandate of KPA and the Kosovo Property Claims Commission (KPCC) was extended to resolving disputes relating to ownership right over immovable property, including not only housing property, but also the commercial property and land.

The majority of property claims were submitted to the Housing and Property Directorate (HPA) and the KPA by non-Albanians, internally displaced persons temporarily residing in Serbia.

Through seven cases described in this publication, in which Praxis was providing legal assistance to its clients, we would like to show the shortcomings of the property restitution mechanism and difficulties and obstacles in IDPs’ accessing property rights in Kosovo.
 
1. Principle 21 of the UN Guiding Principles on Internal Displacement
2. The Pinheiro Principles, Principle 2 and Principle 10
 

Download: Problems of IDPs in Accessing Property Rights in Kosovo in 7 Stories


 

The report "Protection of Rights of Internally Displaced Persons - in Anticipation of a Durable Solution" was prepared by the non-governmental organisation Praxis, based on the research conducted within the OSCE Mission to Serbia project, as well as on the experience and long-standing joint work with the UNHCR Representation in Serbia and close cooperation with the OSCE Mission on protection, improvement and promotion of rights of internally displaced persons from Kosovo.
 
With the aim to gain a comprehensive insight into the situation and position of internally displaced persons in Serbia, representatives of associations of internally displaced persons, Roma associations, relevant state agencies, non-governmental and international agencies in Serbia and in Kosovo all contributed to making this report with their experience and knowledge.
 
Publication of this report was supported by the Ministry of Foreign Affairs of the Kingdom of Norway and UNHCR Representation in Serbia.

Download: Protection of Rights of Internally Displaced Persons - in Anticipation of a Durable Solution