Praxis addressed the Ombudsman of the Republic of Serbia with a request for his engagement in solving the problems of members of Roma community in Serbia who do not possess personal documents, i.e. “legally invisible” persons, taking into consideration the fact that the Ministry for Public Administration and Local Self-Government has been ignoring the problem for years. With regard to the aforementioned, Praxis has prepared an analysis of proceeding of competent bodies in procedures of subsequent registration in birth registry books, compiled on the basis of Praxis experience in working on individual cases.
The analysis was prepared in order to better acquaint the Ombudsman with legally unbearable situation in practice caused by lack of legal provisions regulating the procedure of subsequent registration in birth registry books. Namely, the analysis confirms that the procedures are inefficient, not economical and complicated, and their outcome is often uncertain, which, put in the context of protection of a basic human right – the right to recognition as person before the law, must not be the case. It has been particularly emphasised that exercise of this right has been denied to a significant number of members of Roma community who are the most marginalized category of population, exposed to various forms of discrimination in social and cultural life. One should not neglect the fact that interests of “legally invisible” persons are represented free of charge by lawyers within projects of non-governmental organizations, since this category of population is often characterized by illiteracy, low level of education and live in utter poverty in unhygienic, illegal settlements, and, thus, they are not able to protect their rights.
Praxis also acquainted the Ombudsman with the initiative for reaching a systemic solution for the problems of “legally invisible” persons, launched by UNHCR, OSCE Mission to Serbia, the Centre for Advanced Legal Studies and Praxis, through the Model Law on the Procedure for Recognition of Persons before the Law, which offers advanced legal solutions with the aim to enable the “legally invisible” persons to subsequently register in birth registry books under facilitated conditions. It has also been mentioned that not even a minimum effort has been made by the authorities to solve this social problem and protect the rights of persons who are not registered in birth registry books.
With regard to that, Praxis expressed hope that the Ombudsman would engage relevant ministries, especially the Ministry for Public Administration and Local Self-Government as the main stumbling block, with the aim to find normative solutions and provide effective and efficient legal framework regarding procedure of subsequent registration in birth registry books, which is a precondition for obtaining personal documents and accessing basic rights.
The Ombudsman is expected to gather representatives of relevant ministries in September 2010 in order to present to them problems of “legally invisible” persons and incite them to act in accordance with their powers and obligations for the purpose of protection of a basic human right - the right to recognition as person before the law.
