With reference to the complaint for discrimination, i.e. segregation of Roma children in the Primary School “Petar Tasic” in Leskovac that Praxis filed against the Ministry of Education, Science and Technological Development of the Republic of Serbia, the Department for Social Affairs of the Leskovac City Administration and the stated school, the Commissioner for Protection of Equality gave her opinion including a recommendation on 11 March 2013. The Commissioner did not conclude that the act of discrimination occurred. However, in the recommendation the Commissioner ordered the responsible parties to jointly and in cooperation with representatives of civil society undertake all the measures and activities within their competences without delay, with the aim to solve the problem of segregation, i.e. high number of Roma pupils in comparison to pupils of other nationalities in the Primary School “Petar Tasic” in Leskovac. The Commissioner also ordered the responsible parties to inform this institution within 30 days about the undertaken and planned measures for proceeding upon the recommendation.

The discrimination act at which Praxis pointed in the complaint is a consequence of the fact that since 2011 exclusively Roma children have been enrolled in the Primary School “Petar Tasic.” During the implementation of so-called “territorial principle,” i.e. the obligation of parents to enrol children in the nearest school to their place of residence, the school was attended by pupils of different nationalities. However, the abolition of this principle lead to creation of a purely Roma educational institution.

With reference to the complaint for discrimination, i.e. segregation of Roma children in the Primary School “Petar Tasic” in Leskovac that Praxis filed against the Ministry of Education, Science and Technological Development of the Republic of Serbia, the Department for Social Affairs of the Leskovac City Administration and the stated school, the Commissioner for Protection of Equality gave its opinion including a recommendation on 11 March 2013. The Commissioner did not determine discrimination. However, in the recommendation the Commissioner ordered the responsible parties to jointly and in cooperation with representatives of civil society undertake all the measures and activities within their competences without delay, with the aim to solve the problem of segregation, i.e. high number of Roma pupils in comparison to pupils of other nationalities in the Primary School “Petar Tasic” in Leskovac. The Commissioner also ordered the responsible parties to inform this institution within 30 days about the undertaken and planned measures for proceeding upon the recommendation.

The discrimination act at which Praxis pointed in the complaint is a consequence of the fact that since 2011 exclusively Roma children have been enrolled in the Primary School “Petar Tasic.” During the implementation of so-called “territorial principle,” i.e. the obligation of parents to enrol children in the nearest school to their place of residence, the school was attended by pupils of different nationalities. However, the abolition of this principle lead to creation of a purely Roma educational institution.

Belgrade City Administration abandoned the idea to perform the eviction of the Veselji family from container settlement Makis 2, following initiation of the procedure for indicating interim measures before the European Court of Human Rights.

On 22 March 2013, Praxis submitted a request to the European Court of Human Rights for indicating interim measures in accordance with the Rule 39 of the Rules of Court, for threat of looming violation of articles 3 and 8 of the European Convention on Human Rights (prohibition of torture, right to respect for personal and family life). The Court was requested to prohibit the eviction and separation of the family. Within the deadline given to the State to present its arguments, on 1 April 2013, the Secretariat for Social Welfare of the City of Belgrade brought a Decision annulling the previous decision on unilateral cancellation of contract on use of mobile housing unit. This has removed the threat of irreparable damage which was the basis for initiating and later imposing interim measure.

To remind, on 11 March 2013, the Belgrade City Administration brought a decision on cancelling the contract on use of mobile housing unit for alleged “disturbing the peace and order in the settlement, provoking fights in the settlement, violent behaviour towards other residents and poor hygiene” by Djemilje Veselji. By the same decision, the family were given 10-day deadline before the eviction, were not offered alternative accommodation and did not have available legal remedy. Besides, representatives of social services informed the family Veselji that their two-year old child would be placed in a social care institution after the eviction.

Non-governmental organization Praxis expects that the case of eviction of the Veselji family will serve as a warning to the Belgrade City Administration to change its acting towards the Roma in container settlements and abolish discriminatory provision of the contracts on use of mobile housing units. Same as before, Praxis is willing to assist competent republic and city bodies in finding a systemic solution for the exercise of right to adequate housing by the Roma.

For more information see: Eviction of the Veselji Family from the Container Settlement Makis 2 - details of the case

On 5 April 201, the training on registration in birth registry book was held for registrars and deputy registrars administering the registry books for cities and municipalities in the territories of the districts Podunavlje, Branicevo, Sumadija, Pomoravlje, Raska and Rasina, as well as for the administrative officers working on issues related to citizenship, registration of permanent and temporary residence and issuance of ID cards within the organizational units of the Ministry of Interior and employees of social welfare centres in the stated districts. The training for more than 150 participants was organized by the Technical Group, formed based on the Memorandum of Understanding concluded between the Ministry of Justice and Public Administration, Ombudsperson and UNHCR, in accordance with the Activity Plan the aim of which is eradication of the phenomenon of legally invisible persons in Serbia by 2015.

Assistant Minister in the Ministry of Justice and Public Administration and representatives of the Ombudsperson presented the activities of the Technical Group related to implementation of the MoU, with special focus on the amendments to the legal framework and changes in the approach to the current problems related to birth registration that occurred as a part of the process of European integrations. Associate Protection Officer at UNHCR stated in his presentation that the new legal solutions were also in compliance with the obligations of the state stemming from the ratified 1961 Convention on the Reduction of Statelessness and that their implementation was very important for creating a legal framework in accordance with the contemporary European tendencies. The attention of the present participants was also drawn to the consequences that the state has to bear as a result of existence of legally invisible persons in its territory, as well as to the existence of administrative obstacles impeding the changes to the status of these persons and hindering their access to rights guaranteed by the Constitution and laws. In this context, Praxis representatives gave an overview of the problems in practice in conducting subsequent registration procedures. Assistant Secretary in the Secretariat for Administration of the Belgrade City Administration, Sector for civil status of citizens, administration of registry books and electoral rights spoke about the work experience of registrars and deputy registrars administering registry books for the territory of the City of Belgrade. Another topic of the training was the issue of acquisition and termination of citizenship of the Republic of Serbia and registration of the fact of citizenship in citizenship records of Serbia. The Head of the Administrative Affairs Department of the Ministry of Interior spoke about this issue. Independent Consultant of the Ministry of Labour, Employment and Social Policy emphasised to the present participants the importance and role of the guardianship body in legal protection of persons not registered in birth registry books through implementation of latest legal solutions.

In the context of new solutions in the Law on Permanent and Temporary Residence of Citizens (primarily the envisaged possibility to register permanent residence at the address of the social welfare centre for persons who do not have other option to regulate this issue), the Law on ID Card, the Law on Non-Contentious Procedure (prescribing new procedure for determination of time and place of birth, as a basis for registration in birth registries), which reflect the general tendency to facilitate access to basic status rights, participants of the training were advised to use the principle of urgency and proportionality  in their work on deciding upon cases, and to bear in mind that it is the obligation of the state to enable access to the right to be recognized as a person before the law to all its citizens. Newly adopted regulations set basis for fulfilment of the mentioned obligation of the state, thus the competent officers should just apply these regulations consistently, without any form of discriminatory behaviour towards the socially most vulnerable groups, primarily members of Roma minority. The attention was also drawn to the complaints submitted to the Ombudsperson against the work of certain registry offices in the procedures of subsequent registration; the majority of these refer to the work of the registry offices administering the registry books dislocated from Kosovo. Thus the present participants were given guidelines about the manner in which they should deal with the procedures of re-registration and subsequent registration in birth registry books.

In the final part of the training, the participants discussed some unclear aspects in the concerned field and representatives of competent state bodies were asked questions about disputable details of new normative solutions. The Head of the Administrative Affairs Department of the Ministry of Interior concluded that the children of legally invisible persons may be treated in the same way as children of unknown parents or parents of unknown citizenship. Thus the provisions of the Law on Citizenship relating to the possibility of acquisition of citizenship may be applied to them accordingly. In the context of prevention of statelessness, legal guarantees that the children, born in the territory of Serbia, whose parents are legally invisible, will not remain stateless were pointed out. Furthermore, it was confirmed that a decision brought in a court procedure for determination of time and place of birth represents a basis for determination/acquisition of citizenship. However, the need was emphasised for amendments to the Law on Non-Contentious Procedure that would prescribe that the stated decision is also binding on the administrative body in the procedure of determination of citizenship of a person it refers to. Apart from unclear issues related to the procedure for determining personal name before a social welfare centre (the standpoint of the Ministry of Labour, Employment and Social Policy that social welfare centres (SWC) are competent to determine personal name even to adults was pointed out, despite the previously given opinion of the Ministry that is contrary to this standpoint), the discussion also centred on the current difficulties related to registration of permanent residence at the address of the SWC. It was pointed to individual cases in which the competent officers unlawfully made it impossible to conduct this procedure. However, a good practice example was also presented: in one case before the SWC Kraljevo the procedure for registration of permanent residence was successfully conducted and the concerned person was issued ID card and enabled to access other rights. Representatives of the Ministry of Labour, Employment and Social Policy gave their guarantees that the Roma living in informal settlements would be able to register residence at the address of the SWC in the territory of which they reside, which can be considered as a sign of good will to implement the laws in a way the legislator intended, and especially in accordance with the interests of protection of this vulnerable group. Even though there has been no progress yet in the negotiations between the Ministry of Interior and the Ministry of Labour, Employment and Social Policy in removing the consequences of unharmonized by-laws, the representative of the Ministry of Labour, Employment and Social Policy was explicit in his opinion that the existing regulations, while in effect, would be implemented consistently.

Even though many issues have remained open, which is a consequence of poor harmonization of state bodies from various sectors in defining the concerned issues, as well as of frequent lack of flexibility in proceeding of the competent services which if often needed to protect legitimate interests of individuals, some progress can, however, be observed in the approach to the problem of subsequent registration in registry books and in regulating other issues of significance for the protection of the most vulnerable – enabling access to basic documents and guaranteed socio-economic rights. Participants at the training expressed their good will to contribute through their proceeding to removal of the phenomenon of legally invisible persons in Serbia. The success of the proclaimed goals will depend on invested efforts of all competent bodies and services, both at the level of adoption of legislature and at the level of implementation of adopted solutions in practice.

The eighth of April, the International Roma Day, is an opportunity to remind the public every year about an extremely difficult position of the Roma in Serbia and that the authorities express declarative support and understanding to improve their position in Serbia.

However, it is also an opportunity to point out once again that it is necessary to urgently change the practice that brings us to the fact that each year on the occasion of marking the International Roma Day, people talk about the same problems faced by the Roma community and to listen to the announcement of solving their problems again and again. Roma face unequal treatment on a daily basis and also problems in exercising their rights and social exclusion, and the Republic of Serbia does little to improve their situation and eliminate systemic obstacles to improving of their situation.

Last year we wanted to point out at three problems that threaten the lives, violate the guaranteed dignity and hinder the integration of the entire Roma community. These problems are violence against Roma men and women, living conditions and forced evictions of Roma settlements and problems of legally invisible persons. This year, we can only repeat that, in addition to many others, these problems still remain unresolved and that, except in a small part, we do not see that declarative support follows the real results aimed at improving the position of the Roma.

Hate speech and violence against the Roma community has not been reduced, while impunity or mild punishment for these offenses have not been stopped. In addition, it has been noted that some media put ethnic labels on perpetrators of criminal acts and used open hate speech against Roma, which produces anti-Roma sentiment and violence against the Roma community.

The exercise of the right to adequate housing boils down to random conducting of forced evictions of informal settlements, without any plan for the improvement of living conditions in Roma settlements and with the lack of respect for international human rights standards. Only in the second half of 2011, seven Roma settlements were evicted without any plan and based on already seen model which completely ignores the standards of adequate housing. In addition, the eviction of one more informal Roma settlement – Belvil has been announced.

Legally invisible persons cannot exercise their basic human rights this year either. They still cannot be cured, employed, registered as parents of their children, included in social welfare system or exercise other rights that are available to all other citizens of Serbia. The law that would largely solve systemic problems in exercising the right to be recognized as a person before the law is the National Assembly, but its possible adoption, with all declarative support of the state authorities, will have to wait for the new convocation of the National Assembly.

Many international organizations – treaty bodies of the United Nations, European Commission and bodies of the Council of Europe have drawn attention to the problems we were drawing to last year and we are still drawing to. However, despite all recommendations and assurances that the Republic of Serbia is genuinely committed to the respect of human rights of all citizens and improvement of the position of the Roma, the results in this and many other areas important for the improvement of the Roma position have been persistently missing.

We demand that the state take all necessary measures and without any further delay solve these problems to which human rights organizations permanently point. Declarative commitment, verbal support and vague promises of the state are not an expression of willingness to solve the problems, but to conceal and postpone their solution. We demand that the state take concrete actions and ensure measurable results of the mutual effort to improve the situation of Roma.

Coalition against Discrimination consists of: Center for Advanced Legal Studies, Civil Rights Defenders, Labris - Lesbian Human Right Organization, Anti-Trafficking Centre, Network of Committees for Human Rights in Serbia (CHRIS Network), Association of Students with Disabilities, Gayten- LGBT, Praxis and Regional Center for Minorities.

On the occasion of International Roma Day, we are sending our best wishes to all fellow Roma citizens.

On this day we are obliged to once again emphasise that many Roma in Serbia still face poverty, violation of their human rights, discrimination in education, housing, health care and employment, and different treatment jeopardizing their lives, hurting dignity and hindering integration. What is also worrying is anti-Roma rhetoric and violence. Eviction of Roma families from their homes, segregation in schools, and difficulties in accessing health insurance, social protection, personal documents, citizenship and permanent residence all illustrate their exclusion and isolation.

Serbia cannot progress if a part of its population remains socially excluded and at the margins of society. The State must invest significant efforts to adopt and implement affirmative policy measures in order to enable social inclusion of Roma and ensure their equality with other citizens of Serbia.

Download: 2012 Regular Annual Report of the Commissioner for Protection of Equality

Download (only in Serbian): Discrimination in Serbia 2011

The possibility of subsequent birth registration in birth registries is particularly difficult for the children born in the territory of Djakovica and Decani after 1999, who were not timely registered in birth registries. Specifically, the employees of Jagodina City Administration responsible for dislocated registry books of the stated areas and for the concerned procedures of subsequent birth registration, often bring rejecting decisions upon these requests, which are overwhelmed not only with procedural flaws and violations of the rules of procedure but also with wrong application of substantial application; evidence in the procedure is wrongly assessed, and conclusions are often arbitrary, contrary to provisions of positive legal acts, which is, among others, in opposition to the state interest of eradication of the phenomenon of legally invisible persons.

Praxis lawyers, as proxies, have initiated several procedures of subsequent birth registration for persons born in the territory of Kosovo in competence of Jagodina City Administration. In addition to the above stated flaws, also common to rejecting decisions is the fact that those are children born after 1999. We point out that in almost identical situations of subsequent birth registration of persons born in the same territory before 1999, Jagodina City Administration reached decisions on adoption of requests.

In relation to the opinion of the Commissioner for Protection of Equality, issued upon Praxis complaint filed against the Nis City Administration, Department of Education, Culture, Youth and Sport, and against the Primary School “Vuk Karadzic” from Nis for segregation and discrimination of Roma children, Praxis addressed the Commissioner with a request for delivery of information about whether and to what extent the stated Department proceeded in accordance with the recommendation contained in the Commissioner’s opinion within the given deadline.

Representatives of the Department of Education, Culture, Youth and Sport informed the Commissioner for Protection of Equality about the undertaken activities aimed at formulating and realizing the plan of measures whose implementation should overcome or at least reduce the circumstances stated in the complaint. The problem lies in the fact that, in the last twenty years, 90% of pupils enrolled in the Primary School “Vuk Karadzic” in Nis have been children of Roma national minority, while on two to three children per generation have belonged to non-Roma population. The stated situation comes as a result of a circumstance that the school is located near a large Roma settlement, but also of the fact that responsible authorities have not taken any active measures in the previous years to change such state of affairs.

In addition to the statement that proceeding upon the recommendation is a process, the information received from the stated Department also pointed to the conclusions adopted at the meeting of the representatives of relevant organizations and bodies, organized with the aim of coordinating future activities for removal of the problem of segregation in this school. It was concluded that material conditions for work should be improved, that it was necessary to permanently work on improvement of the quality of activities the school offers, to undertake activities aimed at media coverage of school work, but also to interest parents and children of all nationalities through a marketing approach. It was pointed out that the NGO “Ponos” had accepted to conduct a poll in the upcoming period in order to define the causes of the problem and to give basis for further work on its elimination. The Department of Education, Culture, Youth and Sport ordered the participants at the meeting to deliver their suggestions in writing that would be used for shaping further activities related to drafting a comprehensive plan of measures for overcoming the stated problem.

What is noticeable is that the proposal of the actual measures or the proceeding that would efficiently reduce the existing differences between the pupils of the Primary School “Vuk Karadzic” in Nis is still missing. By engaging all available mechanisms of the society, the response to each form of discrimination or any other negative social influence should be pragmatic and consistent, without investing time in formulating solutions that are hardly applicable in practice.

See the announcement: Commissioner for Protection of Equality Has Not Established Discrimination Irrespective of Segregation in Primary School “Vuk Karadzic” in Nis