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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.

The seventh generation of students of the Faculty of Law, University of Belgrade, who have attended the Refugee Legal Clinic, initiated by UNHCR, have successfully completed their practice in Praxis.

The students had the opportunity to learn about the problems faced by the marginalised population in Serbia, both through getting acquainted with the office work of lawyers with individual clients and through joining the field visits to the informal settlements and collective centres carried out by legal mobile teams. In addition, the Praxis lawyers held lectures to the students to inform them about the systemic barriers faced by vulnerable groups in accessing their status and socio-economic rights, mechanisms of protection from discrimination, sexual and gender-based violence, etc.

At the final seminar held on 27 September 2012, the students were awarded certificates on successfully completed practice in Praxis and prizes for best essays. Bojan Stojanovic won first prize for the essay entitled Legally Invisible Persons. Ana Ljubisavljevic won second prize for the essay entitled Legally Invisible Persons - Provisions of the Law on the Amendments to the Law on Non-Contentious Procedure.

Download the essay (Serbian only): "Legally Invisible Persons", Bojan Stojanovic

Download the essay (Serbian only): "Legally Invisible Persons - Solutions of the Law on Amendments to the Law on Non-Contentious Procedure", Ana Ljubisavljevic

Praxis Report “Domestic Violence Prevention and Protection”, made with the support of UNHCR, was presented at a press conference organized on 11 February 2009 in Media Center, Belgrade. The report is a review of Praxis' observations and experience gained over the three year period working on the implementation of the Sexual and Gender-Based Violence against Refugees and Internally Displaced Persons in Serbia – Prevention and Response Project, implemented by Praxis as the UNHCR implementing partner.

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