Praxis, the European Network on Statelessness, European Roma Rights Centre (ERRC) and Institute on Statelessness and Inclusion (ISI) submitted Alternative Report to the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW).
The report points to the difficulties faced by Roma women in Serbia in exercising their rights. Their position is particularly difficult as they are often victims of multiple discrimination on the basis of their gender and ethnicity. The report contains information about problems Roma women face in accessing rights to health care, social protection, education, employment. At the same time, it highlights the issue of child, early and forced marriages, which are disproportionately more frequent among the Roma population, but specifically affecting Roma women and girls. Besides, the report also points to the lack of an efficient system of free legal aid, which additionally hinders access to rights.
Particular attention in the report is dedicated to obstacles aggravating birth registration and acquisition of citizenship, while the emphasis is specifically put on the issue of discriminatory regulations which prevent Roma women who do not possess personal documents to register their new-born children in the birth registry. For this reason, these children are also left without citizenship and registered permanent residence in the most vulnerable period of their life, and, consequently, the possibility to exercise rights to health and social insurance, as well as other rights for the exercise of which it is required to possess personal documents.
Finally, the joint submission also provides recommendations to the Committee for achieving equality and preventing discrimination of Roma women.
You can download the report HERE.
The statement taken form the website of the National Assembly of the Republic of Serbia.
The sitting was co-organized with the Roma Women’s Centre “Bibija” as part of the campaign Month of Roma Women’s Activism.
Opening the sitting, the Chairman of the Committee on Human and Minority Rights and Gender Equality Meho Omerovic said that the Roma population faces a slew of problems some of which are especially difficult because they hit the most vulnerable among the population – children. Early marriages among children are a violation of some of the most basic human rights such as the right to education, protection of reproductive health, selection of partners and above all the right to a childhood, said Omerovic. He stressed that children, especially little girls, who marry early (aged 11, 12 or 13) do not have many chances for a happy, healthy and successful life and neither do their children. This problem should be at the very top of our priorities and the state of Serbia needs to define measures and activities to suppress child marriages, said Omerovic. The Committee Chairman said that the Council of Europe has recognized the country and local self-governments’ efforts to resolve this problem and Nis, Horgosz and Cantavir have been presented as best practice examples of Roma inclusion in the local community.
Assistant Minister of Labour, Employment, Veteran and Social Affairs Nina Mitic said that early marriages (before the age of 16) are a severe violation of child rights and a criminal offense. She listed the laws that protect child rights and combat child marriages. Mitic also pointed out the role of social work centres, the police and educational institutions in the protection of child rights and preventive action against child marriages.
Dr Nenad Ivanisevic, member of the Coordinating Body monitoring the realization of the Roma Social Inclusion Strategy, said that many nations used to have early pre-arranged marriages but with the rise in educational level of the population these had become unacceptable in most communities, so raising the educational level of the Roma population is vital. He said this was a long process because it means changing the lifestyle of a community.
UNICEF Deputy Representative Severine Leonardi said that 23 girls below the age of 18 get married every minute in the world. In Serbia, this mainly happens in rural and the poorest communities, generally among the Roma population, said Leonardi stressing that over 50% of Roma girls get married before the age of majority. Change can be initiated through cooperation between the Government and NGOs, private sector and the Roma community and it is very important to empower every Roma girl and offer support to every family through the social welfare system, Severine Leonardi concluded.
Representative of CARE International Sarajevo Jadranka Milicevic briefed the attending on the regional project the organization’s been conducted for six years now in cooperation with Roma organizations: “Active inclusion and rights of Roma women in Western Balkans”.
The representative of the Council of Europe Office in Belgrade Vera Kurtic reminded the attending of the most comprehensive international document - the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence which was ratified by the National Assembly in 2013. Vulnerable and marginalized, Roma women are at an especially high risk of violence, said Kurtic. She also mentioned project ROMACTED co-conducted by the EU and CoE in 11 cities and municipalities in Serbia which promotes the integration of Roma into the local community.
Jelena Jovanovic, Deputy President of the National Council of the Roma National Minority, said that Roma women are the most vulnerable and sensitive group of women in our society and their education and schooling is the course to follow to open up their prospects for a dignified life, education and health protection.
Coordinator of Roma Women’s Centre “Bibija” Slavica Vasic presented her organization’s activities and campaigns. She stressed that hands-on work with Roma women in the field is of paramount importance.
The representative of the Roma Women Network Radmila Nesic and member of SASA Institute of Ethnography Dr Ivan Djordjevic presented the results of research “Child marriages in the Roma population in Serbia”, conducted March - June 2017 in 5 locations in Serbia, where in depth interviews provided an insight into the real life of the Roma community. The research showed that reducing and finally eradicating child marriages has to be a joint task, enterprise and effort undertaken by all the social factors - social work services, education system, the population, and even individuals.
In the course of the debate the participants agreed that child marriages are a dangerous phenomenon and that education, as the key to the empowerment and protection of Roma children’s rights, is vital for the prevention of child marriages.
Concluding the sitting, Committee Chairman Meho Omerovic said that the Committee on Human and Minority Rights and Gender Equality would continue to pay special attention to this topic and added that we must all work together to empowering the Roma community, implementing laws and raising public awareness of the problem of child marriages.
Praxis presented its activities focused on prevention and elimination of child, early and forced marriages and pointed at the presence of discriminatory acting on all levels. Praxis also highlighted the necessity to raise awareness of all relevant actors - parents, children, professionals and wider public, with an active role of media as drivers of change.
The sitting was chaired by Committee Chairman Meho Omerovic and attended by the following Committee members and deputy members: Nikola Jolovic, Milanka Jevtic Vukojicic, Ljibuska Lakatos, Milena Turk, Ljiljana Malusic, Vesna Ivkovic, Tomislav Zigmanov and Elvira Kovacs, as well as MPs Milena Corilic, Nada Lazic and Gordana Comic.
See the video here.
At the end of May 2018, Praxis held a consultative meeting with the representatives of institutions in Novi Pazar on the prevention and elimination of child, early and forced marriages (CEFM), as part of the activities performed within the project “Legal Assistance to Persons at Risk of Statelessness in Serbia”, funded by UNHCR.
The meeting was aimed at gathering the representatives of all relevant institutions in Novi Pazar to draft policies for the eradication of CEFM. The meeting was attended by the representatives of social welfare centre, police, school, health centre and civil society. At the beginning, the participants were thoroughly introduced into the CEFM problem and through a brief introduction into the activities performed by Praxis in the field of prevention and elimination of CEFM, they were acquainted with the main findings gained so far. Afterwards, Praxis’ representative gave a brief presentation about national and international legislation governing the area of CEFM with a reference to the responsibilities of the government in the prevention and elimination of CEFM. A special contribution was given by National Anti-Trafficking Coordinator at Republic of Serbia Mitar Djuraskovic, who talked about CEFM problem in the context of human trafficking. During the following discussion when case studies were analysed, the participants talked about what each of us can and have to do, and what we expect from other relevant actors, so as to prevent CEFM as a statelessness related issue. In that regard, the participants were introduced into the Statelessness Index, which gives an overview of how different countries in Europe protect stateless persons and what they do in order to prevent and reduce statelessness.
One of the conclusions of the discussion is that competent institutions do not cooperate sufficiently and in a coordinated manner. Moreover, they usually transfer their responsibilities to another institution. Even though the professionals are aware that CEFM represent the violation of children’s rights and gender based violence, they are still insufficiently sensitive to the problems of Roma population. In addition, due to stereotypical acting led by prejudices, the CEFM problem is still considered as part of Roma cultural tradition. According to the present professionals, teaching staff fail to report the CEFM problem because they do not want to hold against their acquaintances, i.e. parents of those children. The final conclusion of the discussion was that more coherent cooperation of competent institutions is a necessity, as well as constant awareness-raising among all relevant stakeholders – parents, children, professionals and general public, and active presence of media as key actors. It is necessary to continue with educations, both through group discussion and individual interviews with professional and potential victims of child, early and forced marriages and their parents.
By the end of 2018, Praxis will organize three consultative meetings, one in Pozarevac and two in Belgrade.
Open Society Justice Initiative and Namati, in cooperation with UNHCR, developed a Community-Based Practitioner’s Guide: Documenting Citizenship and Other Forms of Legal Identity. This guide was developed in response to the growing recognition of the opportunity for community-based justice actors to assist individuals and communities suffering from a lack of documentation of citizenship or other forms of proof of legal identity.
Today, 1.1 billion people around the world lack legal identity documentation. Without it, they cannot vote, access healthcare, or go to school—and are at risk of becoming stateless. Entire communities—especially the poor and members of minority groups—may lack documentation, leaving them legally and politically invisible. The lack of effective citizenship prevents millions from realizing their rights and reaching their full potential.
Unfortunately, gaining access to legal identity documents can be difficult or even impossible. In theory, governments should provide documents to their citizens, but in reality, the process is complicated by burdensome bureaucracies, distant offices, and even discriminatory officials.
Based on the experiences of dozens of existing projects, and drawing on lessons from across the globe, this guide provides step-by-step instructions on establishing a paralegal or other community-based program to help people obtain legal identity documents. An essential tool for practitioners, it uses case studies, infographics, and copies of actual forms to guide the reader through the process of documenting citizenship and other forms of legal identity.
Praxis took active part in drafting and finalizing the Guide. Praxis’ Executive Director Ivanka Kostic first participated in a two-day workshop on the Toolkit for paralegal projects on civil status documentation, nationality and citizenship rights, that was held in London in August 2017, providing comments, recommendations and sharing Praxis experiences on the issue, and also provided written inputs to the final version of the Guide.
National Assembly of the Republic of Serbia adopted the Law on Amendments to the Law on Registry Books on 20 June 2018. The new law will enter into force on 1 January 2019.
On this occasion, an opportunity was missed to resolve the problem of birth registration of children whose mothers do not possess personal documents. Specifically, two by-laws that regulate the procedure of birth notification and registration in the birth registry book contain provisions that prevent registration of all data on the new-born children immediately after birth, including children’s names, if their mothers do not possess personal documents.
This actually means that these children will not have a birth certificate in the most vulnerable part of their lives and, consequently, they will be left without the possibility to exercise rights to health care or social protection. In Serbia, this problem almost exclusively affects members of Roma ethnic minority and only further aggravates their already difficult position.
Not only is such a state unsustainable from a human rights perspective, but it also shows that there is a severe anomaly in the Serbian legal system, since the Constitution of the Republic of Serbia and ratified international conventions guarantee the right to every child to be registered immediately after birth. For this reason, many international organizations and treaty bodies have emphasised in their recommendations and reports that Serbia should ensure that every child is registered immediately after birth, regardless of the status of child's parents. Serbia also received bad review relating to exercise of the right to timely birth registration of children in the Statelessness Index, which gives an overview of how different countries in Europe protect stateless persons and what they do in order to prevent and reduce statelessness.
During the public debate on the draft law, Praxis requested that a provision be included in the law that would oblige the registrars to register a child in the birth registry regardless of whether child's parents possess personal documents. Unfortunately, this suggestion was not accepted.
Although an opportunity was missed to include in the law a provision that would guarantee registration of every child immediately after birth, this problem could still be solved through amendments of the above-mentioned by-laws which hinder birth registration of children whose parents do not possess personal documents, and Praxis will continue to advocate for these amendments. In this way, not only would new cases of legally invisible persons be prevented, but it would also ensure respect of one of the basic principle of the legal system, i.e. the hierarchy of norms, by which by-laws must be harmonized with legal norms of greater legal force.
In May, the number of refugees/migrants met and interviewed by Praxis’ mobile team did not exceed 200 on a daily basis, including the newly arrived ones, the refugees/migrants accommodated in the Asylum Centre Krnjača and the Reception Centre Obrenovac and those who returned to Belgrade after unsuccessful attempts to cross the Croatian, Hungarian, Bosnian or Romanian border. In this reporting period, Praxis provided assistance to a total of 1078 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.
Praxis continued its field work and provided a total of 859 newly arrived refugees and migrants (642 adults - 534 men and 118 women, and 207 children - 157 boys and 50 girls, including 103 potential unaccompanied and separated children (UASC), 102 boys and 1 girl) with relevant information.
The families and UASC waiting for registration or transport to one of the asylum or reception centres they had been referred to still had the option of spending the night in the aid hub Refugee Aid Miksalište, in the proximity of Belgrade Bus and Train Station. In this reporting period, SCRM organised, on one occasion, the transportation of the refugees/migrants to the Reception Centre in Bosilegrad. Info Park continued to provide one meal a day for newly arrived refugees/migrants, and occasionally covered the costs of transport to the reception and asylum centres. Beside Praxis and Info Park, RAS also occasionally covered the transport costs. MSF clinic continued to provide medical support. In this reporting period, there was no organised distribution of clothing and footwear in the field in Belgrade.
Download the whole Protection Monitoring Report here.
“When I was little I liked to go to my father’s workplace. He worked at a construction site. We would sit on the floor of the unfinished building, talking and watching the city. When my mother died, I used to spend a lot of time with him. My father was married three times, and I had three mothers. Two of them died. In late 2014, the Taliban intercepted my father's car while he was going to work. Someone called me from my dad's phone number and told me that my father had been shot. I rushed to the hospital, but it was too late, my father was dead.
Four months later, while I was walking to school, three black Jeeps blocked my path. They tried to throw me into the car, but I managed to break loose. I was running away through the narrow streets towards the police station. The door of the police station was closed. I was banging on the door with my foot. When the door opened, the police officers were standing there with guns pointed at me. I raised my hands up, they thought that I was one of the Taliban. Because of banging, they were as scared as I was.
Since then I no longer went to school.
Shortly after, the Taliban broke into our house at night. We slept on the upper floor and heard that someone was down there. I peeked, everything was ransacked, things were scattered around. The men dressed in black caught me, tied my hands and placed me into an armchair. They were beating me; I was covered in blood. They left after the robbery. After that, my stepmother and my uncles decided that I had to leave Afghanistan.
B.I. (16) Afghanistan“
Even though the Western Balkan route was formally closed in March 2016, Praxis records new arrivals of refugees and migrants in Belgrade on a daily basis. People we meet run away from war, persecution, poverty, hoping to find safety and a chance for a better future. Since the beginning of the year, we interviewed almost 4,000 newly arrived refugees/migrants. Approximately 1,000 of the new arrivals were children, while half of them travel without parents or guardians.
At the moment, there are almost 3,000 refugees/migrants in the reception and asylum centres in Serbia. Due to lack of available legal options, refugees and migrants continue their journey through Hungary, Croatia, Romania and, more often through Bosnia and Herzegovina, using the assistance of smugglers. In these attempts to cross borders, children and unaccompanied minors are at constant risk of violence and exploitation.
Today, on the World Refugee Day, we should not forget the people, especially children, who left their homes fleeing from armed conflicts. It is our obligation to provide them with assistance and protection on their journey to the safe refuge.
“Now more than ever, we need to stand #WithRefugees”
Ivanka Kostic, Praxis Executive Director, took part in the Expert meeting on Improving access to Civil Registration and Identity Documents for Roma in Ukraine that was organized by ODIHR in co-operation with the State Migration Service of Ukraine, Ministry of Justice of Ukraine, Ukrainian Parliament Commissioner for Human Rights and United Nations High Commissioner for Refugees (UNHCR) Representation in Ukraine.
Ivanka presented Serbia’s significant improvements relating to birth registration, statelessness, residence registration and access to identity documents following 10 years of intensive advocacy by Praxis, UNHCR and other CSOs and international agencies. She also shared Praxis’ experience in its active participation in the Technical Working Group (established by the Ministry of State Administration and Local Self-government, UNHCR and the Ombudsperson institution) and its close cooperation with the relevant government institutions in the Technical Working Group on individual cases, but also on problems and gaps in the implementation of the newly adopted regulations. Through the Technical Working Group, Praxis also advocated for changes and documented the remaining systemic gap relating to birth registration of children of undocumented parents, immediately after birth.
The expert meeting built on the recommendations of the 2017 Odessa Declaration, developed to overcome obstacles in access to civil registration and identity documents by Roma in Ukraine. The participants discussed the possibility of establishing a joint technical working group of state and non-state stakeholders to co-ordinate efforts in addressing the issue.
The participants expressed their belief that the meeting was a significant step towards addressing the lack of personal documents among Roma in Ukraine.
On the International Children's Day - 1st June, the fourth meeting of the Children's Rights Council was held. Prof Slavica Djukić Dejanović, Minister without Portfolio responsible for demography and population policy and President of the Children’s Rights Council, opened the meeting emphasising that the Council wanted to send a message on that day on the importance of mutual interaction and understanding among children, as well as to draw attention to the obligations of society towards children and to the current problems faced by children.
The Council President stated that Serbia’s general population included 14.4 percent of children under 15 and that we as society and the state had to work on their protection. According to the general parameters of disrupted childhood, Serbia occupies a high forty-first place among 170 countries; analyses have shown that there are also a number of children who dropout from compulsory schooling, while others are exposed to hard labour and violence.
The Council President stressed that early support to children meant that children must be healthy and protected, grow up in the family, have basic conditions for education, later for employment and avoid the risk of poverty.
The permanent guest of the Children's Rights Council, UNICEF Representative in the Republic of Serbia Michel Saint-Lot, pointed out the importance of access to quality health care and education and stressed that the funds allocated for children with disabilities were doubled. He recognised the will of the Council and the Government of the Republic of Serbia to improve the situation of children pointing out that the indicator was a reduced number of children without parental care in institutions, but also the fact that pre-school institutions would be free of charge for children from poor families.
The Council members had the opportunity to get acquainted with the Road Map for the Elimination of the Abuse of Child Labour, the proposal of the Action Plan for the Implementation of the Strategy for the Prevention and Protection of Children against Violence (2018-2022) and the recommendations of the UN Human Rights Council in the field of child rights after presentation of the Republic of Serbia Report under the third cycle of the Universal Periodic Review.
Aleksandra Jović from UNICEF and Saša Stefanović, MODS Director, presented an initiative for improving the measurement, monitoring and reporting of public consumption for children in accordance with the recommendations of the UN Committee on the Rights of the Child.
The guests of the meeting were also children activists of the Friends of Children Serbia, who presented their suggestions and experiences, pointing out that violence and poverty were the biggest challenges faced by children in Serbia.
The Council member Jasmina Miković from Praxis expressed her concern over the recently published Initiative for Preventing the Abuse of Children in Street Situations, launched by the Ministry of Labour, Employment, Veteran and Social Affairs. On that occasion, she pointed to the danger of hasty actions, which may result in the separation of the child from the parent, guardian or carer, without any prior assessment of whether it was really the abuse of child labour for the purpose of exploitation. She also recalled that the UN Committee on the Rights of the Child had urged the states parties not to separate children from their families solely because the family worked or lived in the street.
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