Petar Antić
Roma and Right to Legal Subjectivity in Serbia
Centar za prava manjina Minority Rights Center
Karađorđeva 91/6, 11000 Beograd, Srbija i Crna Gora tel/fax: + 381 11 644 206, E-mail: [email protected]
Beograd, april 2006. Roma and Right to Legal Subjectivity in Serbia
Publisher: Minority Rights Center
Author: Petar Antic
Translated by: Visnja Mincev
Computer processing: CORETEC
Proof reader: Marija Todorovic
Printed by: Tas
Circulation: 500
Main donors of MRC are Norwegian Aid, NOVIB, Freedom House, Open Society Institute, Swedish Helsinki Committee for Human Rights, European Roma Rights Center.
2 Roma and Right to Legal Subjectivity in Serbia
PREFACE of Interior, the Ministry of Local Administration and Self-Government, the Ministry of Labor, Employment Publication “Roma and Right to Legal Subjectivity” and Social Policy, Republic Geodesy Institute, UN- is the result of the project “Inclusion of Roma in the HCR, OSCE, Praxis, National Council of Roma Na- System”. This project was being implemented in the tional Minority and Minority Rights Center. During the period August 2005-April 2006, supported by the Free- process of creating the Action plan for personal docu- dom House, OSCE and the Ministry of Human and Mi- ments, the working group had consultations with a nority Rights of Serbia and Montenegro. large number of representatives from non-government organizations that deal with Roma issues and with law This project comprised a research of problems in experts. Roma population referring to personal documents. A report was prepared about the project, which served as We expect that the Action plan for personal docu- a basis for regional conference on personal documents, ments of Roma will be adopted by the Government of which was organized by OSCE. An action plan for Serbia and that it will be implemented. solving of this problem was also prepared. Action plan for personal documents was created by the expert work- Implementation of this action plan is a basis and a ing group, which was formed with assistance of the necessary condition for all other measures that refer to Ministry of Human and Minority Rights. Members of the process of the Decade of Roma Inclusion. the working group are representatives of the Ministry
3 Roma and Right to Legal Subjectivity in Serbia TABLE OF CONTENTS
1. Introduction ...... 5
2. Problems in accessing personal documents ...... 5 2.1. Roma displaced from Kosovo 2.2. Roma from Rural and Undeveloped Environments Settled in Slums 2.3. Roma Born in the Republics of the Former Socialist Federative Republic of Yugoslavia (SFRY) 2.4. Roma Returnees from West European Countries
3. Analysis of Procedure for Issuing Personal Documents ...... 8 3.1. First registration 3.2. Identity card 3.3. Health Card 3.4. Work booklet 3.5. Procedure of Subsequent Registration on Birth and Citizenship Registries 3.6. Registration of residence
4. Previous activities in solving problems of personal documents ...... 11
5. Findings ...... 12
6. Recommendations ...... 13
7. Roma holding personal documents - Report prepared by Argument researchers ...... 15
8. Annex 1 ...... 34
9. The Action Plan for issuing personal documents...... 35
10. Explanation of proposal of Action Plan ...... 37
4 Roma and Right to Legal Subjectivity in Serbia ROMA AND RIGHT TO LEGAL 2. PROBLEMS OF ROMA IN SUBJECTIVITY IN SERBIA ACCESSING PERSONAL DOCUMENTS 1. Introduction According to Article 16 of the International Treaty According to the 2002 census, there are 108,193 on Civil and Political Rights, “everybody has the right registered Roma in Serbia. However, these official sta- to be admitted his legal subjectivity in any place.” tistics should not be taken for granted, due to the so- However, practice shows that in Serbia many socially called ethnic mimicry in the Roma population (they imperilled Roma do not realize this right due to the dis- declared as members of the majority population in the cord of the existing system and their specific status. society they live in). According to secondary sources, Therefore, the most imperilled population in Serbia is there are between 450,000 and 500, 000 Roma in Ser- not covered by the social care system, is not in the evi- bia and Montenegro. dence of the employment bureau and does not have the access to education. These people are invisible to the Roma are economically and socially the most im- system. perilled part of the population in Serbia. Between 1991 and 2001, the general economic crisis and war in the According to the Article 13 of the Constitution of country affected big migrations of Roma. Displaced the Republic of Serbia (Official Gazette, No. 1/90) citi- Roma from Kosovo and Roma from rural environments zens are equal in their rights and duties and have equal and undeveloped municipalities from the south of Ser- protection in front of state and other institutions regard- bia inhabited the more developed cities. They created less of race, sex, birth, language, nationality, religion, slums, which usually consist of shacks made of metal political and other belief, education, social origin, and cardboard remains, dilapidated and abandoned wealth or other personal characteristics. However, in warehouses, containers and car wrecks abandoned in practice this equality depends on meeting administra- the dumps or their vicinity, under bridges or in open tive requirements. fields. Due to inability to register their residence in settlements without legal ground for housing, they can- Aiming to solve this problem, the Ministry for Hu- not exercise their rights to health, social care, education man and Minority Rights of Serbia and Montenegro and employment, unless they are registered at some- decided to support the Centre for Minority Rights’ ef- body’s address. They do not even have the right to vote forts in organizing a workgroup to elaborate an Action in elections. Plan for personal documents issues. Following the Re- gional Conference on the Civil Registration of Roma It often happens that pregnant women and children (held on 28 November 2005 in Belgrade), the work- do not receive health care because they do not have group will submit a draft Action Plan to the Govern- health cards. There were cases in which pregnant wom- ment of Serbia for adoption. It will include a set of ac- en used other women’s health cards, which later led to tions and responsible institutions, indicators and entities wrong information in some documents. The Minority in charge of monitoring the implementation. Rights Center recorded several cases of hospitals refus- ing to admit pregnant women or asking them to pay for The report Roma and Right to Legal Subjectivity in childbirth1. If parents who themselves do not have doc- Serbia was written with the aim of presenting the prob- uments attempt to register their child in the birth and lems faced by this minority in the application for per- citizenship registries, they are told that they first must sonal documents and helping the state institutions to solve the problems of their own documents and then begin solving this problem. register the child. Thus the problem deepens, the child is not registered in the birth and citizenship registries and later, when he/she grows up and has his/her own family, a new generation without documents is being created. Consequently, a parallel world of people out- side the system is being created, a world of people with- out access to health care, education and employment.
1 Cases described in MRC report Roma and Right to Health Care, 2005
5 Roma and Right to Legal Subjectivity in Serbia
There is a wrong opinion that the basic problem of on internal policy of state institutions. When the prob- Roma is that they do not realize the importance of doc- lem of displaced persons appeared in 1999, the Refu- uments and health cards. Due to the impossibility to gee Commission began to issue displaced person cards, register residence and other administrative obstacles, which were used for receiving social aid and as an they cannot obtain documents. They do not receive ad- identification document (in combination with the iden- equate advice in relevant institutions, and even when tity card). Displaced persons needed their identity cards they do, they face insurmountable obstacles concerning and the identity cards of the persons they reside with in the registration of residence. order to obtain this document. The same rule applied for the aid cards issued by the Red Cross. Displaced The socially imperilled Roma who encounter prob- Roma who settled in slums did not have possibility to lems in accessing personal documents can be divided get the Red Cross and displaced person cards, unless in four categories: they found a relative or a friend who accepted to regis- ter them as if they lived in their homes. Some of them - Displaced Roma from Kosovo even paid for people to register them at their address so - Roma from rural environments and undeveloped that they could exercise their rights as displaced per- parts of Serbia, who live in illegal settlements sons. - Roma who were born in the republics of the former Socialist Federative Displaced person cards began to be issued on 1 Republic of Yugoslavia March 2000 as a type of identity document, valid with - Roma returnees from West European countries a regular identity card. Displaced persons who did not have an identity card because it was destroyed or for- gotten during the escape had to obtain a new one. The Refugee Commission gave instructions to municipali- 2.1. Roma displaced from Kosovo ties, which resulted in a variety of procedures, but the registration of temporary residence and identity card There are 19,551 Roma displaced from Kosovo who was always required. Sometimes it was necessary to are registered in Serbia2. However, the real number is show the landlord’s proof of legal ground for housing. much higher and it is estimated that around 50,000 Roma from Kosovo live in Serbia. Some of the dis- The first period of registration of displaced persons placed Roma came later, as they first tried to settle in lasted from 1 March until 20 April 2000. The registra- Macedonia or a West European country, but were de- tion then continued, but the green card, i.e. a certificate ported. State acceptance of the deported Roma was not of registration of temporary residence at the landlord’s organized according to their needs. As there was no property, was requested as part of the application. In place for Roma in the collective centers and the local 1999, the Ministry of Interior had begun issuing green authorities were unwilling to find appropriate housing cards, and the application required the landlord’s iden- for them, they were forced to find shelters in illegal tity card and certificate of legal ground for housing. settlements. Displaced Roma who settled in illegal slums could not meet this requirement unless they falsely registered at Due to the incapacity to register their residence in their friends’ or relatives’ houses or paid someone for illegal settlements, they cannot exercise their rights to this purpose. Without the displaced person card and health and social care, education and employment, un- registration of residence, they did not have access to less they are registered at someone’s address. Many education, health care, social care and employment. In- displaced Roma do not have the displaced person card, stitute for Health Care issues a certificate for the real- because the Refugee Commissariat refused to issue ization of health care for the displaced persons who them to people who did not have a confirmation of res- have a registered residence, the “green card” and dis- idence. placed person card. This certificate used to be renewed after 90 days, which was shortened to 45 days on 17 Procedure for the realization of rights changed many March 2004. At the time of writing of this report, this times since the displaced persons arrived from Kosovo. procedure is still valid for persons with green cards. Their rights are not defined in regulations, but depend 2 UN OCHA Belgrade, Humanitarian Situation and On 5 June 2003, the Ministry of Interior revoked the Strategy for 2003, November 2002 green cards through an internal act, and allowed only
6 Roma and Right to Legal Subjectivity in Serbia the registration of temporary residence. Thus, the exer- As most of them do not have a registered residence cise of rights for displaced persons became the same as in cities where they live, they cannot enrol their chil- for other citizens. Those who have a green card contin- dren in schools and are not registered in the local em- ued to exercise their rights on the basis of these docu- ployment bureaux. Furthermore, they cannot exercise ments. In order to register a temporary residence, how- their rights to health and social care. Some of these ever, de-registration from the previous place of people have expired or invalid identity cards issued at residence is required, along with a statement of the their previous place of residence, while others have landlord that he accepts the registration of the tenant never even been registered in birth and citizenship reg- and proof of legal ground for housing. Thanks to this istries. A separate group is formed by seasonal workers, act of the Ministry of Interior, displaced Roma, who who return to their place of residence after they finish have not registered their temporary residence, can now work. They collect secondary raw material or work in only register their permanent residence. This means the retail trade. that issuing health cards is not done through the Insti- tute for Heath Care, but (as for other citizens) through Authorities in Belgrade emphasized on several oc- the National Employment Bureau. Therefore, the regu- casions that they are not responsible for these persons, lar administrative and legal framework is not well as they are not registered in Belgrade. The city govern- adapted to the Roma IDPs’ specific needs and prob- ment is planning to pull down all Roma settlements, lems. providing housing only for the inhabitants who are reg- istered in Belgrade. Another problem is the fact that offices which hold the registries for displaced persons are very far. During the conflict, the registries were transferred to offices in exile, scattered throughout Serbia. Many Roma do not 2.3. Roma Born in the Republics of the have enough money to pay for transportation to these Former Socialist Federative Republic towns. In addition, since the waiting time for issuing of Yugoslavia (SFRY) documents is several days, they also have to pay for accommodation, as well as administrative fees. After the disintegration of the SFRY, some Roma, who were born in the former SFRY republics and live Some displaced Roma have never been registered in in Roma settlements without registration of residence, birth and citizenship registries, or the registries were remain without citizenship and documents. There are destroyed or disappeared. In such cases, it is necessary no data about the number of these people. For example, to begin a procedure for confirming the facts of birth, there are cases of people who were born in Macedonia death and marriage. Displaced persons are faced with and registered in the birth registry in Macedonia, but the problem of inequitable practice and interpretation who are not registered in the citizenship registry of by administrative and judicial institutions. Macedonia, because they live on the territory of Ser- bia.
2.2 Roma from Rural and Undeveloped Environments 2.4. Roma Returnees from West Settled in Slums European Countries
Due to the 1990’s economic crisis, many Roma During the 1990’s, thousands of Roma tried to find from rural and undeveloped municipalities from south- shelter in West European countries. Most of them ap- ern Serbia moved to the more developed cities in Ser- plied for asylum, but their applications were rejected bia. They settled in slums, where they are unable to and they received only temporary protection. After register their residence because they do not have legal signing an agreement about the return and readmission grounds for housing. Since they left their previous of citizens in September 2001, Germany began forceful place of residence many years ago, they can no longer deportation of Serbian citizens, most of whom are obtain a residence, work or housing in those towns. Roma. According to data provided by the IOM from This problem is most prominent in Belgrade and Novi Belgrade, 10,924 persons returned to Serbia voluntarily Sad. from August to November 2004. There are no data
7 Roma and Right to Legal Subjectivity in Serbia about the number of forcefully returned Roma, but it is Municipal officers refuse to register children and re- estimated that this number is much higher. During de- quire the parents to first provide the necessary docu- portations, many Roma did not have time to take basic ments. If the parents themselves are not registered in documents; their children often had to interrupt their the birth and citizenship registries, they need to launch education and were left without any documents con- a procedure to prove their identities. However, they do firming the completion of studies. They must obtain not receive advice and there is no established practice documents so that the children could continue their for solving this problem. According to Article 13 of the education and then have them translated into Serbian, Law on Citizenship of the Republic of Serbia (Official which represents an additional expense. Finally, some Gazette of the Republic of Serbia, No. 135/2004), a children who were born in Germany are not registered child that is born or found on the territory of the Re- in the citizenship registry of Serbia and Montenegro. public of Serbia (a foundling) gains citizenship of the Republic of Serbia by birth if both of his parents are unknown or if their citizenships are unknown or if they are without citizenships, or if the child is without citi- zenship. This provision is not applied in practice.
If the registration of a child’s name is done two months after the child was born, it is necessary to sub- mit an application to the municipal service of the terri- tory on which the child was born. The following docu- ments must also be submitted: a marriage certificate issued after the date of the child’s birth, citizenship cer- 3. ANALYSIS OF PROCEDURE FOR tificate, photocopies of identity cards, and proof of fee ISSUING PERSONAL DOCUMENTS payment.
3.1. First registration After the child is registered in the birth and citizen- ship registries, parents also have to register his or her The first registration is usually done immediately residence with the Ministry of Interior. This is a prob- after birth. If a child is born in hospital, the hospital is- lem for persons who live in illegal settlements and can- sues the certificate for the child. Information about par- not prove legal ground for housing, which is a neces- ents is entered in the certificate from their health cards. sary requirement for registration of residence. After that, parents take the certificate to the municipal office of the territory on which the child was born to register the child in the birth and citizenship registries3. In addition to the certificate issued by the hospital, the 3.2. Identity card municipal office requires the following documents: Identity card is issued by the municipal service of - Citizenship certificates for both parents, the Ministry of Interior on the territory on which the not older than 6 months applicant resides4. It is the right and obligation of every - Marriage certificate or birth certificates for adult (over 18 years of age) to have an identity card. parents if they are not married The application form is standardized and must be sub- - Valid identity cards mitted no later than three months after the 18th birth- day. The identity card is issued on a form that contains However, if parents do not have documents and if the name of one of the parents, duration of validity, reg- the mother does not have a health card, the procedure istration number, as well as space for writing the blood becomes more difficult. Hospitals refuse to accept type, a change of address and a unique personal num- pregnant women or ask for the childbirth to be paid. ber. Applicants should also enclose birth and residence
3 According to Article 3 of the Law on Unique Personal Number, this number for children born after 31 December 1978 is set by the municipal service on the basis of place of child’s birth. (Official Gazette of the Republic of Serbia, No. 53/78, 5/83, 24/85 and 6/89 and Official Gazette of the Republic of Serbia No. 53/93, 67/93 and 48/94). 4 Article 4, Law on Identity Card, (Official Gazette of the Republic of Serbia, No. 53/93, 67/93 and 48/94).
8 Roma and Right to Legal Subjectivity in Serbia certificates, and two photos of determined size5. Ac- the Work Booklet, applications should be submitted to cording to Article 18 of the Law on Identity Card, an the authorized department at the municipal administra- adult who does not submit an application or does not tion nearest to the place of residence, while employed carry the identity card with him/her will be punished persons do that according to their place of employ- with a penalty fee of 100 dinars. ment.
The following documents are required:
3.3. Health card 1. Two copies of the application form 2. Work booklet (blank) Right to health care in Serbia depends on registra- 3. Identity card tion of residence. The exercise of this right is regulated 4. Evidence of education – original degree by the Law on Health Care and the Law on Health In- 5. Citizenship certificate surance, and then further developed though appropriate sublegal acts, such as bylaws, regulations, decisions Rights provided by the Law on Employment and In- and directions. Citizens exercise their right to health surance in the Case of Unemployment refer to those care on the basis of a health card that has to be verified who are registered as unemployed persons. As Roma by the relevant institution. This depends on the catego- cannot register residence in illegal settlements due to ry to which a person belongs to and on the registration illegal ground for housing, they cannot register at the of residence. Unemployed persons are issued health Employment Bureau and exercise their rights as unem- cards on the basis of their registration with the local ployed persons. Employment Bureau. For children below the age of 15, school children and students up to 26 years of age, health cards are issued on the basis of their registration of residence. Health cards are verified by the Republic 3.5. Procedure of Subsequent Institution for Health Insurance and are valid for the Registration in Birth and period of three months. According to the regulations on social care for people who receive state allowances or Citizenship Registries accommodations in social care institutions or in other families, the health card is issued on the basis of their If a person is not registered or if the birth and citi- application at the local Center for Social Work, which zenship registries are destroyed or burnt, it is necessary also verifies the health card data. to begin a procedure of subsequent registration, i.e. a procedure of confirming the facts of birth, death and Article 7 of the Law on Health Care stipulates that marriage. In these cases, the applicants do not receive certain categories of people, namely children under the adequate advice in municipalities. Furthermore, there is age of 15 and pregnant women, have the right to health neither equitable practice nor equitable interpretation care even if they do not have health insurance. How- by the administrative and judicial institutions in Serbia. ever, in practice, health care institutions demand a valid health card, which in turn requires a registration of res- They differ on the following issues: idence. There are no regulations about the right on health care for the above-mentioned protected groups if 1. Are these facts being confirmed in judicial or they do not have health cards. administrative proceedings? 2. Are these facts being confirmed in civil or non-contentious proceedings? 3. Is the courts’ jurisdiction determined according 3.4. Work booklet to the displaced person’s temporary or original residence? The work booklet is necessary for signing a job agreement and registration at the National Employment The experience of a non-government organization Bureau. According to Article 5 of the Regulations about called Praxis shows a variety of attitudes. Its work fo-
5 Article 5, Law on Identity Card, (Official Gazette of the Republic of Serbia, No. 53/93, 67/93 and 48/94).
9 Roma and Right to Legal Subjectivity in Serbia cused on the displaced population, but these findings (real injurisdiction). This Court referred to the provi- also illustrate the problems faced by other persons who sions of Article 1 of the Law on Non-Litigious Proce- were never registered: dure, which do not stipulate that the court will confirm the fact of birth through non-contentious proceedings. a) In a conversation with the Praxis lawyer in Feb- Therefore, the Court believes that such cases should be ruary 2005, the head of the Non-litigious Department sent to administrative institutions. and of the Municipal Court in Belgrade said that the facts of birth and death are confirmed through non- Taking these problems into account, on 22 June contentious proceedings according to the displaced 2005, Praxis turned to the Supreme Court of the Re- person’s place of residence, and referred to the courts public of Serbia, demanding an official interpretation relocated from Kosovo during the conflict. concerning court jurisdiction in confirmation of the facts of birth, death and marriage. b) Municipal courts in Kraljevo, Kragujevac, Kučevo and Vranje confirm the above mentioned facts through In practice, the articles of the Law on General Ad- non-contentious proceedings and determine court ju- ministration Procedure which refer to the shortening of risdiction according to the place of residence. procedures in cases of registration of unregistered per- sons are not being implemented. Article 131, par. 2: if a c) District Court in Peć, with a head office in Les- regulation confirms that an administrative affair can kovac, emphasizes its real injurisdiction and refers be resolved solely based on facts or circumstances these cases to administrative institutions. On 22 July which are not fully confirmed or include evidence which 2004, this court asked for the opinion of the Supreme can be confirmed only indirectly, so that the facts and Court of the Republic of Serbia in this matter, but has circumstances are made probable, from all circum- not yet received any answer. stances it results that the request of the party should be approved. d) Municipal Court in Klina, with a head office in Leskovac, confirms these facts through non-conten- tious proceedings, according to the place of residence, regardless of the fact that the District Court in Peć (and Klina is within this court’s jurisdiction) claims that this 3.6. Registration of residence matter is not in its jurisdiction. Registration of residence, a change of address and e) On 29 March 2004, the Head of Department for temporary residence of citizens, is done by the munici- issues in the area of personal status of citizens in the pal department of the Ministry of Interior. Ministry of State Administration and Local Self-Gov- ernance of the Republic of Serbia told the Norwegian The citizens’ residence and address changes are kept Refugee Council that applicants who do not have proof in identity card records, which are often also records of and thus cannot be registered by an authorized institu- residence, although separate records are kept in some tion are advised to bring a lawsuit to the municipal cases. The application of regulations concerning the court to confirm the relevant facts, which means that registration and de-registration of permanent and tem- the person should begin a civil proceeding. porary residence is controlled by the departments of the Ministry of Interior. f) On 23 May 2005, the Bela Palanka Department of the Municipal Court in Niš, while discussing a judicial According to Article 5 of the Law on Registration of procedure, reached a decision on confirming the iden- Permanent and Temporary Residence of Citizens, a tity of the plaintiff’s father and mother, and ordered the citizen can be asked to show his identity card or any registrar of Vranje Municipality to register the birth of other documents, which will confirm his identity and the plaintiff at the town of Gnjilane. The plaintiff was other facts important for his registration or de-regis- registered in the birth registry as soon as he was born, tration. but the registry burnt in 1999. Other document implies particularly a contract on g) The Municipal Court in Novi Sad rejected a pro- using an apartment, certificate of ownership, contract posal for confirming the facts of birth as unpermitted of subtenancy, statement of applicant about intention to
10 Roma and Right to Legal Subjectivity in Serbia live permanently in the place, which he registered as 4. PREVIOUS ACTIVITIES IN his new place of residence. SOLVING PROBLEMS OF In the process of registration of residence, munici- PERSONAL DOCUMENTS pal departments of the Ministry of Interior request a proof of de-registration from the previous place of resi- State institutions in Serbia have not launched any dence and proof of legal ground for housing. As the particular activities for solving the problems faced by above-mentioned law does not stipulate an obligation Roma in accessing personal documents. In December to demand proof of legal ground for housing, but states 2002, the federal Ministry of Minority and Human that a department of the Ministry of Interior can ask for Rights, supported by a group of experts, created the those documents, a policy change in this field does not Strategy for Integration and Empowerment of Roma, necessitate legislative amendments. which suggests a solution for this problem. However, the Strategy has never been adopted and the stipulated In some cases, such as the Roma settlement Deponi- measures have not been implemented to date. ja in the Palilula Municipality, the Ministry of Interior allowed the registration of residence even without legal On 2 February 2005, Serbian Prime Minister signed ground for housing. However, the tenants received de- the declaration Decade of Roma Inclusion in Sofia. cisions on house numbers in accordance with street This declaration was created after an initiative spear- names, squares and buildings on the territory of Bel- headed by the World Bank and Open Society Institute. grade. This was done on the basis of decision made by Eight states of Central and Eastern Europe are partici- city authorities, as it was under their authority. Thus, pating in this initiative, which aims to improve the sta- the tenants had an obligation to pay all communal ex- tus of Roma in the fields of education, employment, penses. The Ministry of Interior issued identity cards to housing and health care, from 2005 until 2015. In prep- people who had decisions on receiving house numbers. aration, on 27 January 2005, the Government of Serbia Registration of residence and the distribution of house adopted four Action Plans for Roma, covering these numbers did not imply ownership rights, but they en- priority areas. However, these Action Plans did not in- abled these tenants to exercise many other rights. clude a mechanism which would solve the problems of personal documents and thus allow the establishment However, the practice has changed and now proof of aid programs for the most socially imperilled of legal ground for housing is required. On 17 Decem- Roma. ber 2003, Government of Serbia produced the Regula- tion on determining house numbers, which concerns After the adoption of these Action Plans, the Minis- the identification of buildings with numbers and the in- try for Human and Minority Rights, in co-operation dication of inhabited places, streets and squares (Offi- with other state institutions and representatives of non- cial Gazette of the Republic of Serbia, No. 110/2003 governmental and international organizations, formed and 137/2004). Consequently, a Department for Land working groups to develop measures against discrimi- Registry, an authorized organizational unit in the Re- nation, for social care, returnees, displaced persons, public Geodesy Institute, was created in each munici- women, culture, media and information. Understand- pality. ing that without solving the problems of personal docu- ments, the most socially imperilled Roma will remain outside the system, all working groups (except those for media, culture and information) state as their first goal “providing mechanisms for easier access to all necessary personal documents for all Roma citizens (including persons without legal ground for housing).”
The following measures are suggested for achieving this goal:
1) Development of an adequate mechanism in co-operation with different sectors 2) Legal regulations
11 Roma and Right to Legal Subjectivity in Serbia
3) Training of all services in the application search, 1,408 Roma were interviewed. The results of regulations showed that 68% of interviewees do not have a health 4) Implementation of the new mechanism card. Directions explaining health care administrative 5) Education campaigns for Roma concerning procedures were handed out in the settlements. The regulations, registration and Children Roma Center also provided help in solving personal documents the problems of personal documents.
Indicators of the implementation of these measu- On 7 April 2005, the National Council of Roma Na- res are: tional Minority and representatives of non-governmen- tal organizations, who were involved in the creation of - Adopted legal regulations enabling the Action Plans, sent a letter to Prime Minister Vojislav registration of residence for persons without Kostunica, demanding the adoption of a sublegal act legal ground for housing that would enable the registration of residence for per- - Number of Roma who obtained a registration sons without legal ground for housing. of residence
In conformity with the action plan drafts and aimed at quicker solving of the problem, in September 2005, the Minority Rights Center (MRC) started the project “Inclusion of Roma in the System”. In co-operation with Argument, the MRC will determine the number of Roma who live in Belgrade and do not have a regis- tered residence. This research of illegal Roma settle- ments focuses on Belgrade, as the number of Roma who do not have personal documents - and therefore are unable to exercise their rights - is the highest in this city. After the research stage is completed, the MRC will form a working group of experts which will pro- pose a mechanism for solving the problem of personal 5. FINDINGS documents. Many Roma are unable register their residence due Non-governmental organizations in Serbia have to the lack of legal ground for housing. This group con- tried to work on the problem of personal documents of sists mainly of Roma displaced from Kosovo and those Roma, but have failed due to administrative obstacles. from rural and undeveloped parts of Serbia who settled in illegal settlements in towns. Regulations about rights Non-government organization Praxis gives legal to health and social care, right to employment or educa- advice and services to displaced persons in Serbia. As- tion stipulate the registration of residence as a neces- sociate non-government organizations send displaced sary condition for the realization of these rights. Roma people to the office of Praxis. Its officers offer advice to displaced persons about their rights and ways Displaced Roma from Kosovo who settled in illegal to solve problems with personal documents, and they settlements could not get displaced person cards, as help in obtaining documents from relocated registry the Refugee Commissariat demanded registration of services from Kosovo (work booklets, education cer- residence. They could also not exercise their right to tificates, UNMIK certificates, etc.). Praxis also pro- health care, since the Health Insurance Service, which vides money for traveling expenses if displaced per- issues health care certificates to displaced persons, also sons have to travel in order to obtain documents. requested registration of residence. Some displaced Roma, who live in illegal settlements, registered at The Children Roma Center examined the problem their relatives’ or friends’ address in order to obtain of personal documents in 8 Roma settlements in Bel- the necessary documents. There are no data about the grade and organized a Roma education campaign about number of Roma who do not have a displaced person the importance of personal documents. During the re- card.
12 Roma and Right to Legal Subjectivity in Serbia
In June 2003, the Ministry of Interior revoked the 6. RECOMMENDATIONS issuing of green cards (in other words, of registration of residence for displaced persons from Kosovo) by an Government of Serbia should adopt the Ac- internal act and allowed only the registration of tempo- tion Plan for solving the problems faced by Roma in rary residence. Those who have green cards continued accessing personal documents. This Action Plan to exercise their rights on the basis of these documents, should include specific measures, responsible insti- but those who did not, now have to register their resi- tutions, indicators, the implementing entity and a dence, which implies de-registration from the previous deadline. address. Government of Serbia should adopt a regula- Roma who live in settlements with no legal ground tion which would permit the registration of tempo- for housing are not registered in the list of voters and rary residence without the legal grounds for housing. do not have the right to vote. The Law on Temporary Residence does not prevent Serbia’s Ministry of Interior to allow such a proce- Some members of Roma community are not regis- dure, but a specific regulation in this matter is re- tered anywhere. In such cases, municipalities do not quired. provide adequate advice about the ways for finding so- lutions to this problem. Government of Serbia should issue a decision on the exemption of internally displaced persons There is no equitable practice in the procedure of from the administration fees required for the regula- subsequent registration in birth and citizenship regis- tion of the personal status of citizens. tries. A person needs the help of a lawyer and enough money for starting this procedure. Republic Geodesy Institute in the county or mu- nicipality - the Catastar Service should issue a deci- If parents do not have documents, municipalities re- sion on the distribution of house numbers to the in- fuse to register a child in the citizenship registry, al- habitants of Roma settlements who do not have legal though according to Article 13 of the Law on Citizen- grounds for housing. Distribution of house numbers ship of Serbia, children born on the territory of Serbia, would serve only for administrative registration pur- whose parents are not citizens of the country, can ob- poses and would not imply any ownership rights. tain citizenship of Serbia. This number would be used in the procedure for is- suing personal ID cards. Most Roma born in the republics of the former So- cialist Federative Republic of Yugoslavia and now liv- Ministry of Interior should issue an instruction ing in Serbia are registered in birth registries of their for the registrars to permit the registration of citizen- place of birth, but do not have any citizenship. ship for persons from the former republics of the SFRY who live on the territory of the Republic of Roma who are focefully returned from West Euro- Serbia6. pean countries often come without any documents. Children who attended schools abroad do not have edu- Ministry of Interior should issue an instruction cation certificates or must get them translated. to the registrars to permit the implementation of Ar- ticle 13 of the Law on Citizenship of the Republic of Serbia (Official Gazette, no. 135/2004) which stipu- lates that all children born or found on the territory of Serbia, whose parents do not have any citizen- ship, have the right to citizenship. It is necessary to allow the implementation of this article for children whose parents lack personal documents.
6 Article 23 of the Law on Citizenship of the Republic of state, which was created at the territory of the former SFRY, Serbia allows the registration of persons born and regis- who seeked refuge, were forcefully relocated or displaced to tered as citizens in another republic of the former SFRY. the territory of the Republic of Serbia, or who found refuge The Article is also valid in case of citizens of a different abroad.
13 Roma and Right to Legal Subjectivity in Serbia
Ministry for Public Administration and Local Ministry of Interior and municipal govern- Self-Government should order the registrars to fully ments with the help of NGOs should organize edu- implement the articles of the Law in case of the reg- cational campaigns about the regulations and regis- istration of previously unregistered persons.7 tration procedures for personal documents for Roma. Ministry for Public Administration and Local Self-Government should issue an instruction to the The Supreme Court of the Republic of Serbia relevant registrars to implement the procedures for should issue an official interpretation of the court ju- issuing public documents by mail. risdiction on the confirmation of the facts of birth, death and marriage. Ministry of Interior and municipal govern- ments with the help of non-governmental organi- Ministry of Labour, Employment and Social zations (NGOs) should organize professional train- Policy should introduce representatives for the Roma ing and education seminars for employees in local population within the social work framework in institutions on the adequate service and proceduress counties that have a significant number of Roma, in the case of personal document problems. and these representatives should have adequate pow- ers.8
7 Article 131, par. 2: if a regulation confirms that an 8 This measure is included in the Action Plan on Social administrative affair can be resolved solely based on facts Security. or circumstances which are not fully confirmed or include evidence which can be confirmed only indirectly, so that the facts and circumstances are made probable, from all circumstances it results that the request of the party should be approved;
14 Roma and Right to Legal Subjectivity in Serbia 7. ROMA – HOLDING PERSONAL DOCUMENTS
Research conducted by Research and Analysis Center ARGUMENT
Report prepared by ARGUMENT researchers
PREFACE proximate number of Roma that do not hold personal documents, to find out Roma’s attitudes toward the During October 2005 the research and analysis cen- right to holding personal documents and about prob- ter ARGUMENT, in cooperation with Minority Rights lems they face as they do not have legally regulated Center, conducted research “Roma – Holding personal status. The research was conducted at the territory of documents”. The aim of the project is to determine ap- Belgrade.
Contents
Introduction ...... 16
Methodology ...... 16 Problems resulting from not holding Social-demographic structure of Roma personal documents sample and of their households ...... 18 Employment...... 26 Health care ...... 28 Key findings ...... 19 Registration of children ...... 29 Children education ...... 30 Research findings Migration status ...... 20 Legal property housing status as a basis for registration of residence ...... 30 Attitudes toward personal documents . . . . 21 Roma’s opinions about possible solutions Holding personal documents ...... 22 for registration of permanent residence . . . . 31
Holding other documents ...... 26 Conclusion ...... 32
15 Roma and Right to Legal Subjectivity in Serbia
INTRODUCTION enabled us to conduct the research in the best possible way and to overcome problems resulting from changes Although Roma are the dominant in number nation- of settlement structure as compared to data from the al minority in Serbia, they face a series of problems year 2002, which were used as a basis for making the that are not typical for other national minorities. While sample (displacement of settlements, dislocation of members of other national minorities struggle to realize settlements, decreasing number of tenants, etc.) and improve their rights in areas of culture, political representation, etc., Roma still figth to realize the fun- Sample damental human rights, such as the right to work, edu- cation, elementary health care and social care. One of The first problem in researching Roma population the generators of this situation is the fact that a large is the problem of designing a sample. For various rea- number of Roma do not have personal documents. sons, which have been explained many times so far, Most of those that reside in Belgrade live in the so- results of polls concerning Roma population are reli- called informal Roma settlements, in which they can- able. The sample frame for this research was the terri- not legalize their real estate. Thus they do not have a tory of Belgrade. Statistics show that 191911 Roma live legal basis for housing, which is necessary, according at this territory. However, it is estimated that the num- to valid regulations, in order to register residence. Reg- ber is much larger. For the needs of our research we istering residence is again a basis for obtaining person- relied on the data of the Association for Research of al documents, first of all identity card. There is also a Roma Settlements from Belgrade2. These data show large number of displaced Roma from Kosovo and that there are 36 702 Roma in Belgrade, according to Roma that return from Western-European countries, estimations of the researchers. This research enabled us according to the agreement on readmission, which Ser- to categorize Roma settlements into slums, unhygienic bia and Montenegro signed with 15 countries. settlements, shared apartments and toilet facilities (SATF) in city center settlements, parts of suburb vil- lages, and poor villages and hamlets.
METHODOLOGY The sample of our research comprised 2000 partici- pants in 74 Roma settlements at the territory of Bel- Collecting data within the project ”Roma – Holding grade (See Table 1) personal documents” was being conducted by a questi- onnaire technique ”face to face” in participants’ homes. During their work, researchers faced a series of problems, some settlements were displaced (whole The questionnaire was created by the research team settlement or a part of it), so that number of people from of Argument with some suggestions made by Minority the ”Overview of Roma Settlements in Belgrade” was Rights Center. In addition to social and economic infor- not the same as it was during the research. We were mation about the questionnaire participants and their largely helped in this cases by researchers that managed households, we tried to register the current position of to find locations to which these settlements were moved participants and their families concerning personal or displaced. We used the typology of settlements from documents and problems resulting from not having the ”Overview of Roma Settlements in Belgrade” for personal documents. The questionnaire also comprised analytical purposes of our research. (See Table 2) participants’ attitudes toward personal documents and possible solutions to the problem of not having person- Table 2 Structure of the sample according al documents. to type of settleemnt N% A ”pilot questionnaire” was created at the beginning of the research, according to which final changes of the Slum 700 35.0 questionnaire were done. The research was conducted Unhygienic settlements 888 44.4 by 18 interviewers, mostly Roma, whose engagement SATF in city center settlements 90 4.5 Parts of suburb villages 113 5.7 1Data of the 2002 population census Poor villages and hamlets 209 10.5 2Overview of Roma settlements in Belgrade, Association for Research of Roma Settlements, CD-ROM, Belgrade, 2002 Total 2000 100.0
16 Roma and Right to Legal Subjectivity in Serbia
Tabela br. 1 Distribucija uzorka po naseljima Redni Redni Naselje N % Naselje N % broj broj 1. Radnička 10 .5 40. Dorćol Solunska 10 .5 2. Rupčine 7 .4 41. Majdan Mokroluška 16 .8 3. Železnik 5 .3 42. Voronješka Braće Jerković 15 .8 4. Zimonjićeva 5 .3 43. Ranč 9.5 5. Čukarička Padina 30 1.5 44. The railway station Ripanj 115 5.8 6. Šavnička Staro Žarkovo 15 .8 45. Cerska Stara Čubura 9 .5 7. Sremčica near cemetary 21 1.1 46. Laudanov šanac 18 .9 8. Makiš 23 1.2 47. Surčin Vrtlarska near cemetery 24 1.2 9. Sremčica bunar 50 2.5 48. Batajnica Mrcinište 30 1.5 10. Dr Ivana Ribara 12 .6 49. The railway station Zemun polje 17 .9 11. Ledine Antena 5 .3 50. Vojni put Block I 73 3.7 12. Gazela block 18a 67 3.4 51. Near the brickyard in Zemun 13. Ismeta Mujazinovića - Šljunkara 59 3.0 Bežanijska kosa 16 .8 52. Voni put block II 51 2.6 14. Ledine Golubinačka 31 1.6 53. Bački Ilovik rupe 100 5.0 15. Staro Sajmište Hajat 9 .5 54. Veliki Mokri Lug 10 .5 16. Stari aerodrom 60 3.0 55. Radojke Lakić Ulcinjska 11 .6 17. Overpass Tošin bunar 69 3.5 56. Orlovsko naselje 20 1.0 18. Obrenovac vašarište kod hotela 24 1.2 57. Ruže Jovanović Boulevard 65 3.3 19. Obrenovac Muzička kolonija 36 1.8 58. Bosutska - Čurtovo hill 70 3.5 20. Dimitrija Tucovića near Đeram 5 .3 59. Jabučki rit 17 .9 21. Pančevački bridge - Klanički kej 3 .2 60. Nove kolonije 30 1.5 22. Town pound of Vuk Vrčević 18 .9 61. Grmeč 2.1 23. Rospi Ćuprija 4 .2 62. Block 28 11 .6 24. Krnjača Reva 10 .5 63. Ritopek 8 .4 25. Reva – container settlement 32 1.6 64. Leštane 29 1.5 26. Zage Malivuk Politika 40 2.0 65. Rušanj 40 2.0 27. Mali Leskovac 32 1.6 66. Block 70 26 1.3 28. Kotež – embankment II 25 1.3 67. Bele Vode 28 1.4 29. Krnjača Branka Momirova I II III 24 1.2 68. Padinska Skela 20 1.0 30. Mirijevsko hill 58 2.9 69. Borča 31 1.6 31. Dump Ada Huja 59 3.0 70. Vinča 20 1.0 32. Borča Detelina 31 1.6 71. Boleč 7.4 33. Resnik 13 Oktobar 20 1.0 72. Marinkova bara 12 .6 34. Rakovica village 23 1.2 73. Surčin 20 1.0 35. Kijevo Kneževac 3 .2 74. Marija Bursać 21 1.1 36. In front of the factoryTehnogas 42 2.1 37. Braće Krsmanović - pond Venice 1 .1 38. Pond Venice near Gazela 11 .6 39. Zvečanska 20 1.0
17 Roma and Right to Legal Subjectivity in Serbia
SOCIAL-DEMOGRAPHIC Table 4 STRUCTURE OF ROMA SAMPLE Age AND OF THEIR HOUSEHOLDS N% No answer 10 .5 15-30 years 755 37.8 31-40 years 413 20.7 41-50 years 415 20.8 51-60 years 258 12.9 Table 3 61 and over 149 7.5 Gender Total 2000 100.0 N% No answer 9 .5 Table 6 Male 1126 56.3 Education Female 865 43.3 N% Total 2000 100.0 Without education 402 20.1 Incomplete primary school 479 24.0 Table 5 Primary school 867 43.4 Marital status High school 199 10.0 N% College 12 .6 No answer 35 1.8 Faculty 1 .1 Single 202 10.1 Adult education and courses 40 2.0 Married 1552 77.6 Total 2000 100.0 Divorced 58 2.9 Widowed 153 7.7 Total 2000 100.0 Table 8 Table 7 How many members of your Employment status of participants family work, have income, earn money? N% N% No answer 6 .3 Permanent job, registered 255 12.8 1 member 1094 57.8 Works but not registered, registered at the labor market 157 7.9 2 members 603 31.8 Works and registered at the labor market 89 4.5 3 members 127 6.7 Unemployed, does not work, 4 members 36 1.9 543 27.2 not registered at the labor market 5 members 24 1.3 Unemployed, does not work, 6 members 9 .5 869 43.5 registered at the labor market 7 members 1 .1 Retired 81 4.1 Total 1894 100.0 Total 2000 100.0 Average 1894 1.59
The average number of family members in the sam- ple is 4.88. The average number of family members with any kind of income is 1.59.
18 Roma and Right to Legal Subjectivity in Serbia
KEY FINDINGS - Most of these participants are registered at a rela- tive’s house - 57,4% and at a friend’s house - 21.8% z 15.8% of participants do not have identity cards. Migration status - 56.5% of Roma, who do not have identity cards, live in slums and 75.9% are internally displaced z Almost two thirds of research participants (61.3%) from Kosovo. have moved to Belgrade in some period of their lives. - In 46.3% of cases persons that tried to obtain z Only one fifth of participants live in the settle- identity cards stated that the main reason for ments in which they were born. failure in this action was unregistered place z The sample comprised 32% of internally dis- of residence placed Roma from Kosovo. z 7% of participants were deported from countries Problems resulted from of the Western Europe. not holding personal documents z Only 17.5% of internally displaced Roma from Employment Kosovo plan to return to Kosovo. z Most Roma live in slums (54%) and in unhygien- z 35.5% of participants are not registered at the la- ic settlements (31.1%). bor market. - Most of participants, who are not registered at the labor market, live in slums - 49.6%. Attitudes toward personal documents - 68% of unregistered at the labor market are internally displaced persons from Kosovo. z 98% of research participants know that they must - In 39.5% of cases the reason for which people have personal documents. cannot register at the labor market is the fact that z 13.4 % of participants do not have any personal they do not have identity card. documents. - 61% of research participants without any personal Health care document are Roma that live in slums. - 83.5% of research participants without any z 23.1% of participants do not have health cards. personal document are internally displaced - Most of people, who do not have health cards, Roma from Kosovo. live in parts of suburb villages - 37.2%. z The biggest problems that Roma, who do not have - In the group of internally displaced Roma, personal documents, have to face, are medical treat- 51.3% of them do not have health cards. ment and employment. - Unregistered place of residence is the main reason for not having health cards in cases of 39.9% participants. Holding personal documents z 27.4% of children under the age of 15 do not have health cards. z 26.8% of Roma do not have permanent registered - 74% of children under the age of 15, who do not place of residence. have health cards, are from the families of - 63% of persons, who do not have permanent internally displaced persons and 55.7% place of residence, live in slums. of them live in slums. - 7.7% of participants without registered residence z 17.3% of family members (excluding participants are internally displaced Roma from Kosovo. themselves) do not have health cards. z Main reasons for unregistered residence are the - 56.5% of persons without health cards live in following: slums, while 80.2% of them are from families of - Illegal settlement or house as basis for internally displaced persons. registration - 55.7% of participants. - They have to report departure at the registration Registration of children office in Kosovo - 33.1% of participants. z 26.3% of participants do not have registration of z The total number of children in households, which residence in place in which they live took part in the research, is 4584, 13.7% of them being - 48.6% of these participants live in slums. unregistered.
19 Roma and Right to Legal Subjectivity in Serbia
- 74.2% of unregistered children live in families Legal property housing status of internally displaced Roma and 55% of as a basis for registration of residence unregistered children live in slums. - The main reason for some Roma do not register z Two thirds of participants live in an apartment their children is that these parents do not have which is not their property and do not have a legal basis personal documents. This attitute was recorded for registration. in 26.2% of participants. - 90% of internally displaced persons are not owners of the apartments they live in. - 44.8% of persons that live in places, which are Children education not their properties, live in slums.
z Almost 1/3 of parents have not even tried to enrol Possible solutions their children in schools - Most of these parents live in slums - 60.5% z 97.7% of Roma that participated in the research - These parents are mostly from the population of think that the state should enable Roma to register resi- internally displaced persons - 74.6% of cases. dence regardless of illegal housing basis. - In 49.8% of cases the participants said that the z 49.9% of participants said that Roma should be main reason for not having enroled children provided with a location with houses in which they in school is lack of money could move in and register. z 46.7% of participants think that the solution for more successful registration of children is to enable registration of children even if parents do not have per- sonal documents.
RESEARCH FINDINGS
Migration status I moved to this settlement 77.1 in some period of my life Only two fifths of the participants (38.7%) were born at the territory of Belgrade, which means that a large number of inhabitants from Roma settlements Since birth 20.1 (61.3%) have moved to Belgade in some period of their life (See Chart 1). Only 20.1% of participants have No ans w e r 2.9 lived in the settlement since their birth, while the rest of 77.1% moved to the settlement in some period of their lives and began to “reside” in settlement in which the research was conducted (See Chart 2) Chart 2. Since when you live in this settlement
61.3
38.7
It comprised 32% of internally displaced Roma At the Outside the from Kosovo and 7% of Roma that returned from some territory of territory of of the West-European countries. Most of the Roma dis- Be lgr ade Be lgr ade Chart 1. placed from Kosovo (79.7%) do not intend to return to Place of birth Kosovo (See Tables 9, 10 and 11)
20 Roma and Right to Legal Subjectivity in Serbia
Table 9 Table 12 Are you a refugee from Kosovo and Metohia? Displaced Roma, according to the type N%of settlement in which they live Yes 639 32.0 N% No 1361 68.1 Slum 345 54.0 Total 2000 100.0 Unhygienic settlements 199 31.1 SATF in city center settlements 12 1.9 Table 10 Parts of suburb villages 64 10.0 Have you been returned from any Poor villages and hamlets 19 3.0 of the West-European countries? Total 639 100.0 N% Yes 139 7.0 Table 11 No 1861 93.1 Do you plan to return to Kosovo and Metohia? Total 2000 100.0 N% No answer 18 2.8 Most of displaced Roma live in slums - 54% and Yes 112 17.5 31.1% live in unhygienic settlements (See Table 12). These settlements are often considered in reports and No 509 79.7 other publications as informal settlements. Total 639 100.0
ATTITUDES TOWARD certificate.The results about other documents show that PERSONAL DOCUMENTS participant make difference between documents that they had to hold as citizens and thos that are not neces- Most of the research participants know that every saryin everyday life. Thus 73.1% of participants think citizen is obliged to hold personal documents. 98.1% of that every citizen must hold a passport and 46.9% think participants answered that every citizen must have that every citizen must have a driving license (See Ta- identity card and 90% said that citizens must have birth ble 13)
Table 13 Which personal documents must every citizen have? Yes No Total N%N%N% Passport 1461 73.1 539 27.0 2000 100.0 Identity card 1962 98.1 38 1.9 2000 100.0 Health card 1851 92.6 149 7.5 2000 100.0 Driving license 937 46.9 1063 53.2 2000 100.0 Birth Certificate 1799 90.0 201 10.1 2000 100.0 Working booklet 1842 92.1 158 7.9 2000 100.0
13.4% of participants do not hold any per- 13.4 0.8 sonal document. (See Chart 3)
Chart 3. Do you hold any personal document? 85.9 (Identity card, health card, passport, driving license....anything except refugee card)
21 Roma and Right to Legal Subjectivity in Serbia
Most of the Roma that do not have any personal (See Table 14) More than four fifths of Roma that do document live in slums - 61%, 22.8% live in unhygien- not hold any personal document are displaced Roma ic settlements and 12.7% in parts of suburb villages. from Kosovo. (See Table 15)
Table 14 Table 15 Roma that do not have any personal document, Roma that do not have any personal according to the type of settlement in which they live document, according to their refugee status N% Are you a refugee from N% Slum 163 61.0 Kosovo and Metohia Unhygienic settlements 61 22.8 Yes 223 83.5 SATF in city center settlements 1 .4 No 44 16.5 Parts of suburb villages 34 12.7 Total 267 100.0 Poor villages and hamlets 8 3.0 Total 267 100.0
78.6% of participants emphasized health care as ment. Social care was mentioned by 25.6% of partici- their biggest problem due to not holding personal docu- pants and education of children emphasized as the ments, while 65.3% stressed the problem of employ- biggest problem by 21.2%. (See Chart 4)
Education of children 21.2
Social care 25.6
Traveling 3.9 65.3 Employment 78.6 Health care
No answer 5.6 Chart 4. The biggest problem for Multiple answer percentage for 2000 participants N=2000 Roma that do not have personal documents
HOLDING PERSONAL manently registered residence live in slums - 63% and DOCUMENTS 26.2% live in unhygienic settlements (See Chart 5). 12.2% of domicile population and over half of dis- placed Roma from Kosovo (57.7%) do not have regis- 26.8% of Roma do not have permanently registered tration of residence (See Table 17) residence (See Table 16). Most of persons without per-
Table 17 Table 16 Do you have permanently registered residence, Do you have permanently according to displacement status? registered residence? Registration Displaced Domicile N% of residence N%N% Yes 1465 73.3 Yes 270 42.3 1195 87.8 No 535 26.8 No 369 57.7 166 12.2 Total 2000 100.0 Total 639 100.0 1361 100.0
22 Roma and Right to Legal Subjectivity in Serbia
The main reasons for which Roma do not have permanently registered Poor villages and hamlets 1.5 residence are the following: the set- tlement and the house in which they Parts of suburb villages 8.8 live are illegal, which was empha- sized by 55.7% of participants, then SATF in city center settlements 0.6 the procedure of unregistration from previous place of residence in Koso- vo in some of the municipalities in Unhygienic settlement 26.2 Serbia to which documents from Kosovo had been moved. This an- Slum 63.0 swer was given by 33.1% of partici- pants. (See Table 18) Chart 5. Roma that do not have registered residence, according to the type of settlement in which they live
Table 18 Why cannot you obtain a registered residence? N% The house in which I live was illegally built and the whole settlement is illegal 298 55.7 I have to unregister in the place where documents 177 33.1 from Kosovo and Metohia had been moved to The landlord does not want to register my residence 20 3.7 The landlord wanted money in order to register my residence 16 3.0 I have not tried to obtain a certificate on place of residence 24 4.5 Total 535 100.0
Out of 369 displaced participants, who do not have Table 19 permanent registration of residence, 104 know in which Did you go to these places to take documents? town their documents are and where they should unreg- N% ister, while 51% of them went to those locations and tried to obtain documents (See table 19) No answer 2 1.9 Yes 53 51.0 The main reason for failing to obtain documents for No 49 47.1 18.3% of participants was lack of money for paying Total 104 100.0 administrative expenses of issuing documents, 11.5% said it was lack of money for paying travel expenses their documents are, but also to Kosovo (See Table and 9.6% said that they had to go to the place in which 20)
Table 20 Why did not you obtain documents? Yes No Total N% N % N % I could not wait for a couple of days, which was necessary to finish the procedure 3 2.9 101 97.1 104 100.0 I did not have money which is needed for issuing documents 19 18.3 85 81.7 104 100.0 I did not have money for traveling 12 11.5 92 88.5 104 100.0 Office workers asked money in order to finish the procedure quickly 7 6.7 97 93.3 104 100.0 and I did not have money I cannot finish the whole procedure in that town, 10 9.6 94 90.4 104 100.0 I have to go to Kosovo and Metohia Office workers were not kind and they did not want to search our documents 5 4.8 99 95.2 104 100.0
23 Roma and Right to Legal Subjectivity in Serbia
1465 participants have registered residence, 26.3% being unregistered in the place in which they live (See 80 Chart 6) 60 73.7
Almost half of participant, who do not have regis- 40 26.3 tered residence in the place in which they live, live in N=1080 20 slums (48.6%) and 39% in unhygienic settlements (See N=385 Table 21) 0 Yes No Table 21 Participants that do not have registered residence in place in which they live, Chart 6. according to the type of settlement Is your residence registered in the place N% in which you live? Slum 187 48.6 Unhygienic settlements 150 39.0 SATF in city center settlements 11 2.9 Parts of suburb villages 10 2.6 Most of the these participants are registered at their relatives’ houses - 57.4%, at friends’ houses 21.8%, Poor villages and hamlets 27 7.0 while 8.3% is here temporarily, due to season jobs they Total 385 100.0 do (See Table 22)
Table 22 Why your residence is not registered in the place in which you live? N% No answer 35 9.1 It was the only place in which I could register at my friend’s house 84 21.8 It was the only place in which I could register at my relative’s house 221 57.4 It was the only place in which I could rent an apartment and the landlord registered 12 3.1 my residence I have real estate there, and I am here only temporarily, as a season worker 32 8.3 Total 385 100.0
15.4% of participants stated that their land- Chart 7. lords, relatives and friends asked money from Do you have an identity card? them to register their residence. (See Table 23)
15.8% of participants do not hold identity cards. (See Chart 7)
Table 23 84.3 Has anyone asked money from you to register your residence (landlord, relative, friend)? 15.8 N% Yes 308 15.4
No 1692 84.6 Yes No Total 2000 100.0
24 Roma and Right to Legal Subjectivity in Serbia
According to the type of settlement, over half of (See Table 24). The main reason for failing to obtain participants (56.5%), who do not have identity cards, identity card for 46.3% of participants is the fact that live in slums, and 25.1% live in unhygienic settlements. they could not register residence. Reason for 22.1% o (See Chart 8) participants is that they do not have birth certificate. In 16.1% of cases the reason was lack of money for trav- Almost half of the participants, who do not hold eling to places in which they could obtain identity card identity cards (48.9%), tried to obtain this document (See Table 25)
Chart 8. Participants that do not hold identity cards, according to the type of settlement
Poor villages and hamlets 6.7 Table 24 Have you tried to obtain an identity card? Parts of suburb villages 10.2 N% SATF in city center settlements 1.6 Unhygienic settlement 25.1 Yes 154 48.9 56.5 No 144 45.7 Slum No answer 17 5.4 Total 315 100.0 N=315
Table 25 Why did not you obtain it? N% I do not have birth certificate 33 22.1 I do not have permanent place of residence 69 46.3 I do not have money for necessary forms 5 3.4 I do not have money to travel to the place where I should obtain identity card 24 16.1 I do not have personal registration number 1 .7 I do not have citizenship 5 3.4 I do not have documents 2 1.3 I do not have money for traveling 2 1.3 I lost it and do not have possibility to obtain a new one 2 1.3 I do not know where the documents are 1 .7 Because I was thrown out from the police department 1 .7 I was asked to provide any document 1 .7 Documents are in some foreign country 1 .7 I am waiting for a decision 1 .7 I have to unregister first from… 1 .7 Total 149 100.0
142 participants, who have not even tried to obtain bers from the sample do not have identity cards. Ac- identity card, claim that the reasons for their inactivity cording to the type of settlement, it is noticed that the are the facts that they do not know where they should largest number of households without identity cards is go (46.5%) or that they do not have birth certificate in slums - 484 (57.9%), and then in unhygienic settle- (See Annex 1 p. 23) ments - 202 (24.1%). According to displacement status, the largest number of household without identity cards In 431 families some of the family members of not is in displaced families – 635, which represents 24% of have identity card, precisely 835 persons. If we con- the total number of 2629 members of displaced fami- sider this information in the context of the total number lies, excluding the participants or 76.1% of the total of family members (7718), excluding the participants, number of family members that do not have identity we come to the information that 10.8% of family mem- cards.
25 Roma and Right to Legal Subjectivity in Serbia
HOLDING OTHER DOCUMENTS
Most participants (58.3%) were born in hospital, displaced families from Kosovo were born at home while 30.7% were born at home (See Table 26). It is (48.4%), while this percentage in domicile Roma popu- interesting that a far larger number of participants from lation is 22.3% (See Table 27)
Table 26 Table 27 Were you born...? Place of birth, according to displacement status N% Are you a refugee from Kosovo and Metohia In hospital 1165 58.3 Yes No At home 613 30.7 I do not know 222 11.1 N%N% Total 2000 100.0 Hospital 286 44.8 879 64.6 At home 309 48.4 304 22.3 32.8% of participants do not have passports, I do not know 44 6.9 178 13.1 72.5% have birth certificates and 18.4% have driving licenses. Total 639 100.0 1361 100.0
Table 28 Do you have…? Passport Birth certificate Driving license N% N% N% Yes 656 32.8 Yes 1450 72.5 Yes 368 18.4 No 1344 67.2 No 515 25.8 No 1632 81.6 Total 2000 100.0 I do not know 35 1.8 Total 2000 100.0 Total 2000 100.0
PROBLEMS RESULTING FROM NOT HOLDING PERSONAL DOCUMENTS
Employment domicile population with permanent job is 17.3% (See Table 30). Percentage of people that live in slums and not 35.5% of participants are not registered at the labor registered at the labor market is 49.6%, those that live in market, 12.8% have permanent jobs, 4.1% are retired and parts of suburb villages 46% and in unhygienic 26.8%. 47.9% are registered at the labor market (See Table 29). The smallest number of people with permanent jobs is Considering displacement status of participants, only again in slums – only 5.1% (See Table 31.) 26.1% of the displaced are registered at the labor mar- ket, while percentage of registered at the labor market Table 30 in domicile population is 58.1%. Only 3% of displaced Are you registered at the labor market, persons have permanent jobs, while the percentage of according to displacement status? Are you a refugee from Kosovo and Metohia Table 29 Yes No Are you registered at the labor market? N% N%N% No answer 6 .3 No answer 0 .0 6 .4 No, I have permanent job 255 12.8 No, I have permanent job 19 3.0 236 17.3 Yes, I am registered 958 47.9 Yes, I am registered 167 26.1 791 58.1 No, I am not registered 700 35.0 No, I am not registered 439 68.7 261 19.2 Retired 81 4.1 Retired 14 2.2 67 4.9 Total 2000 100.0 Total 639 100.0 1361 100.0
26 Roma and Right to Legal Subjectivity in Serbia
Table 31 Are you registered at the labor market, according to the type of settlement? Type of settlement SATF in Parts of Unhygienic Poor villages Slum city center suburb settlement and hamlets settlements villages N%N%N%N%N% No answer 1 .1 1 .1 2 2.2 2 1.0 No, I have permanent job 36 5.1 142 16.0 19 21.1 9 8.0 49 23.4 Yes, I am registered 307 43.9 447 50.3 42 46.7 51 45.1 111 53.1 No, I am not registered 347 49.6 238 26.8 21 23.3 52 46.0 42 20.1 Retired 9 1.3 60 6.8 6 6.7 1 .9 5 2.4 Total 700 100.0 888 100.0 90 100.0 113 100.0 209 100.0
Out of 700 participants, who are not registered at the labor Table 32 market, only 29.1% tried to register (See Table 32). The most Have you tried to register common reason for failing to register is that they did not have at the labor market? “the green card” (valid for displaced persons, a document that N% has been issued until recently, but now it is needed to have Yes 204 29.1 registration of residence in order to obtain this document) in 47.9% of cases, and having no identity card or permanent place No 496 70.9 of residence in 39.5% of cases (See Table 33). Total 700 100.0
Table 33 Why did you fail to register at the labor market? N% I do not have identity card/permanent place of residence 75 39.5 I do not have the green card (valid for displaced persons) 91 47.9 I do not have documents 3 1.6 Retired 1 .5 I have permanent job 1 .5 I receive salary from Kosovo 1 .5 I was registered, but I am not allowed anymore 2 1.1 I am registered in Prokuplje 1 .5 I tried, but ... / gave up 1 .5 I know that I do not have necessary documents 1 .5 I was asked to enclose the registration of address at which I live 1 .5 Disabled person 1 .5 I do not know where I should go 3 1.6 I do not have a refugee status 1 .5 I do not have application form 2 1.1 Office workers did not want to do the registration 2 1.1 Foreign citizen 2 1.1 I lost my file 1 .5 Total 190 100.0
27 Roma and Right to Legal Subjectivity in Serbia
Health care settlements 15.4% of participants do not have health cards (See Table 35). It is important to mention a distin- 23.1% of participants do not have health cards (See gushed difference between percentage of people with- Table 34). Most people that live in parts of suburb vil- out health cards between the displaced - 51.3% and lages do not have health cards - 37.2%, and the it is the domicile Roma - 9.8% (See Table 36) same with Roma in slums - 36.9% of partici- pants do not have health cards. In unhygienic Table 36 Do you have a health card or valid certificate for realization Table 34 of health care, according to refugee status? Do you have a health card or valid Are you a refugee from Kosovo and Metohia certificate for realization of health care? Yes No N% N%N% No answer 93 4.7 No answer 14 2.2 79 5.8 Yes 1446 72.3 Yes 297 46.5 1149 84.4 No 461 23.1 No 328 51.3 133 9.8 Total 2000 100.0 Total 639 100.0 1361 100.0
Table 35 Do you have a health card or valid certificate for realization of health care, according to the type of settlement? Type settlement SATF in Parts of Unhygienic Poor villages Slum city center suburb settlement and hamlets settlements villages N%N%N%N%N% No answer 8 1.1 48 5.4 14 15.6 2 1.8 21 10.0 Yes 434 62.0 703 79.2 68 75.6 69 61.1 172 82.3 No 258 36.9 137 15.4 8 8.9 42 37.2 16 7.7 Total 700 100.0 888 100.0 90 100.0 113 100.0 209 100.0
The main reason for not having health cards for der the age of 15, who must have a health card, regard- 39.9% participants is that they do not have registered less of holding other documents, as the right to health residence, and 19.3% of participants stated that the rea- care is guarenteed to them by the Constitution. How- son was the fact that they did not have identity cards. ever, data show that 862 children under the age of 15 do Both reasons can be deduced to the statement “I do not not have health cards, which is 27.4% of the total num- have a permanent registration of residence (See Table ber of children under the age of 15. 37). In participants’ households live 3143 children un-
Table 37 Why do not you have health card? N% I was rejected as I did not have identity card 83 19.3 I was rejected as I did not have registration of residence 172 39.9 I was rejected as I was displaced person 58 13.5 I was rejected as I was not registered at the labor market 59 13.7 I have not tried to obtain a health card 53 12.3 I do not go to the labor market regularly 6 1.4 Total 431 100.0
28 Roma and Right to Legal Subjectivity in Serbia
Out of the total number of 862 children without 38.7% of participants stated that they were asked to pay health cards, 642 are from displaced families, which is for the medical check and 23.7% said that the doctors 74%. According to the type of settlement, 498 children checked the children, but also warned parents that they without health cards live in slums, which represents must have health card next time. 7.6% of participants 57.7% of the total number of children that do not hold said that medical staff did not even want to talk to them health cards. We asked the parents of children that do and threw them out (See Table 38) Out of 7718 house- not have health cards if they took children to the doc- hold members in the sample, excluding participants, tor’s and how they were accepted. One quarter of par- 1338 do not have health cards, which is 17.3%. Out of ticipants said that the children was checked without 1338 household members without health cards, 756 or any problems and another quarter said that the doctors 56.5% live in slums, while 1074, i.e. 80.2% are from did not examine the children without health cards. displaced families. Table 38 Have you taken a child, under the age of 15 and without a health card, to a medical center/hospital and has any of the following happened to you? Yes No Total N%N%N% The child was checked without any problems 79 25.0 237 75.0 316 100.0 They did not want to check the child as it did not have a health card 79 25.0 237 75.0 316 100.0 They asked me to pay for the medical check 123 38.9 193 61.1 316 100.0 They checked the child and told me that I must have a health card next time 75 23.7 241 76.3 316 100.0 They did not want to talk to me and threw me out 24 7.6 292 92.4 316 100.0 Registration of children do not register their children is the fact that the parents do not have personal documents and they are necessary Out of the total number of 4584 children in partici- for registration of children in municipality registration pants’ household, 632 or 13.7% are not registered. Out office. The second important reason is that parents do of the total number of unregistered children, 469 or not have money for registration expenses, which was 74.2% live in displaced families and 353, i.e. 55% live emphasized by 23.7% of participants. Relatively sig- in slums. nificant number of participants (13.8%) stated that par- Considering the participants’ opinions, 26.2% of ents do not know that registration is necessary and them think that the main reason for which some Roma 10.3% think that parents are negligent (See Table 39)
Table 39 Why do some Roma parents omit to register their children? N% No answer 304 15.2 They do not know that it is necessary 276 13.8 They do not know what the advantages of registration are 116 5.8 If they register children, they have to enroll them in schools later, and that is too expensive 55 2.8 They do not have money for registration expenses 474 23.7 Parents do not have personal documents and the municipality office 523 26.2 does not want to register a child They are not officially married and cannot register children 38 1.9 They are negligent 205 10.3 They are immoral people 1 .1 They do not have interest 1 .1 Uninterested 4.2 They are illiterate and do not know how to obtain documents 1 .1 They do not think about that 2 .1 Total 2000 100.0
29 Roma and Right to Legal Subjectivity in Serbia
Education of children Table 40 Have you tried to enroll all your Almost one third of parents (28%) have not even tried to enrol their children to school? children in school (See Table 40). Most of the parents, who have not tried N% to enrol children in school, live in slums - 60.5%, 26.8% of them live in Yes 749 72.0 unhygienic settlements and 10% in parts of suburb villages (See Table No 291 28.0 41). Parents that do not enrol their children in school are mostly from displace families - 74.6% and 25.4% are from domicile families. Total 1040 100.0
Table 41 Table 42 Have you tried to enroll all your children to Have you tried to enroll all your children to school, school, according to type of settlement? according to displacement status? N% Yes No Slum 176 60.5 N%N% Unhygienic settlements 78 26.8 Yes 185 24.7 217 74.6 SATF in city center settlements 3 1.0 No 564 75.3 74 25.4 Parts of suburb villages 29 10.0 Total 749 100.0 291 100.0 Poor villages and hamlets 5 1.7 Total 291 100.0
49.8% of parents say that Table 43 the main reason for not en- Why haven’t you? rolling children to school is N% lack of money. 20.2% of par- Children were too old for enrolment 32 11.6 ticipants say that the reason is lack of documents and I did not have money for their education 138 49.8 Some of my children attended school, I did not have enough 11.6% say that children are 24 8.7 money for all children too old for enrolment (See They had to work and earn, they did not have time for education 10 3.6 Table 43). We did not enroll only daughters 17 6.1 Children did not have documents 56 20.2 Total 277 100.0
LEGAL PROPERTY HOUSING STATUS AS A A BASIS FOR REGISTRATION OF RESIDENCE Two thirds of participants live in apartments which place in which they live, while in domicile population are not their property (See Table 44). Considering dis- the percentage is 52.5% (See Table 45). placement status, 90% of the displaced do not own the Table 45 Is the apartment, in which you live, your property Table 44 (do you have any document that confirms the Is the apartment, in which you live, your property ownership), so that you can register there? (do you have any document that confirms the According to displacement status ownership), so that you can register there? Yes No
N% N%N% No answer 38 1.9 No answer 10 1.6 28 2.1 Yes 673 33.7 Yes 54 8.5 619 45.5 No 1289 64.5 No 575 90.0 714 52.5 Total 2000 100.0 Total 639 100.0 1361 100.0
30 Roma and Right to Legal Subjectivity in Serbia
According to the type of settlement, 82.6% of par- The highest percentages of people that own apartments ticipants in slums are not owners of the place in which in which they live are in SATF in city center settle- they live, while this percentage in unhygienic settle- ments - 64.4% and in poor villages and hamlets - 63.6% ments is 60.4% and in parts of suburb villages 67.3%. (See Table 46).
Table 46 Is the apartment, in which you live, your property (do you have any document that confirms the ownership), so that you can register there? According to type of settlement SATF in Parts of Unhygienic Poor villages Slum city center suburb settlement and hamlets settlements villages N%N%N%N%N% No answer 20 2.9 8 .9 2 2.2 1 .9 7 3.3 Yes 102 14.6 344 38.7 58 64.4 36 31.9 133 63.6 No 578 82.6 536 60.4 30 33.3 76 67.3 69 33.0 Total 700 100.0 888 100.0 90 100.0 113 100.0 209 100.0
ROMA’S OPINIONS ABOUT Table 47 POSSIBLE SOLUTIONS Should the state enable Roma to register FOR REGISTRATION OF residence in their current place of residence and thus create possibility for those people to PERMANENT RESIDENCE obtain personal documents, regardless the fact that the settlements are not legal? Almost all Roma participants (97.7%) think that the N% state should enable Roma to register residence in their current place of residence, regardless of illegal basis No answer 40 2.0 for housing (See Table 47). Yes 1953 97.7 No 7 .4 Considering the long-term solutions to the housing problem, 49.9% of participants think that Roma should Total 2000 100.0 be provided with new houses, to which they would move in and register. One quarter of Roma is against think that it would be best if land was provided for this kind of displacement and pleads for building settle- them, where they could build houses and register resi- ments at existing location at which Roma live, where dence (See Table 48). they could register legally. One fifth of participants
Table 48 What is the best long-term solution to the problem of Roma settlements and for creating a legal basis for registration of Roma and for realization of their right to personal documents? N% No answer 30 1.5 To provide land on which we could build houses legally 422 21.1 and where we could register To provide new houses, to which we would move in and register 997 49.9 To build a settlement at existing locations, where we could register afterwards 497 24.9 I do not know 54 2.7 Total 2000 100.0
31 Roma and Right to Legal Subjectivity in Serbia
90.65% of Roma thinks that both Roma and non- Table 49 Roma should live in possible new settlements, while Possible new Roma settlements should be: 7% of participants think that these settlements should N% be for Roma only (See Table 49) No answer 23 1.2 Considering the problem of children registration, For Roma only 139 7.0 46.7% of participants think that it should be enabled to For both Roma and non-Roma 1811 90.6 register children even if parents do not have personal I do not know 27 1.4 documents. 27.1% of participants think that parents Total 2000 100.0 should be fined for avoiding registration of children, while 10.3% think that solution is in better informing of parents about the necessity to register children and about the advantages of registration. (See Table 50)
Table 50 What is the best way in which the state can help Roma to register their children? N% No answer 117 5.9 To punish parents that do not register their children 542 27.1 To enable registration of children even if parents do not have documents 934 46.7 To inform parents about the need and advantages of registration 205 10.3 To allow deliveries in hospitals, regardless of having personal documents 190 9.5 The state cannot help 12 .6 Total 2000 100.0
32 Roma and Right to Legal Subjectivity in Serbia
CONCLUSION fying the procedure, it is necessary to enable the group of poor people, to which Roma undoubtedly belong, to Registration of permanent residence is an obious have financial privileges, at least partly if not com- problem of Roma community. The most imperiled pletely. group of Roma is the one that lives in slums, settle- ments without elementary hygienic and communal The issue of financial resources is also important for conditions. The houses are built of inadequate material internally displaced persons, who need to go to other and according to current regulations, they cannot be a towns in Serbia to obtain documents and they can hard- legal basis for registration of residence, particularly for ly finish this procedure in one day. Internally displaced most of these settlements were built illegally. One part persons should have possibilities to regulate their status of the population manage to register at their friends’ or with least traveling and expenses possible. relatives’ houses. Solving the problem of issuing personal documents Another extremely imperiled group is the group of would create possibilities for solving problems result- displaced Roma from Kosovo, who mostly live in set- ing from unregulated legal status, such as the right to tlements that are categorized as slums. medical treatment, right to education and right to em- ployment, i.e. right to registration at the labor market. Situation is somewhat better in the so-called unhy- gienic settlements, in which communal infrastructure is Regardless the legal status of parents, children un- partly built and houses are made of firm material. In der the age of 15 should be given health cards, as this some of these settlements it was possible to obtain tem- right is guaranteed to them by the Constitution. porary building license, which can be a legal basis for registration of residence and for obtaining personal The most acceptable way of solving the problem of documents. personal documents for research participants is dis- placement to newly built settlements, inhabited by both It is necessary to approach the problem of holding Roma and non-Roma population, where they would personal documents in two ways It is necessary to solve have a legal basis to register residence, which would the problem of registration of both adults and children. lead to faster and more efficient integration of Roma Children mostly remain unregistered in the displaced community in social courses. population and they could have problems in realization of their right to personal documents, particularly if tak- State administration has announced simplifying of en into account that many displaced persons do not in- procedure for obtaining personal documents for mem- tend to return to Kosovo. bers of Roma community. We hope that this initiative will be realized as soon as possible and that problems, A big problem for members of Roma community is which are detected in this research, will be overcome a high price of administrative services that they have to and solved systematically. pay in order to obtain documents. In addition to simpli-
33 Roma and Right to Legal Subjectivity in Serbia
ANNEX 1 on Foreigners in order to allow persons who are not ethnic Croats acquiring citizenship more easy and Background Paper of the Regional Conference on foreigners to receive permanent residence status re- Civil Registration of Roma in South Eastern Europe spectively. Though the amendments constituted an - Stephen Muller improvement, its implementation still has to prove to be effective. Best Practices A best practice with regard to granting citizenship With regard to persons who can be described as to de facto stateless persons, who, how ever, live al- persons who are either not registered or do not pos- ready for a long period of time on the territory of a sess basic documents though they are actually citi- new state could be found in Czech Republic. How zens of the country they live in, a couple of best prac- ever, this best practice was reached after years of tices from several countries are available. As these lobbying and political interventions. The dissolution best practices will reveal certain measures could also of former Czechoslovakia beginning of the 1990ies prove to be useful for other groups such as IDP and created similar problems for Roma. Ten thousands of returned failed asylum seekers. Roma originally from Slovakian part, who, however, lived already for decades in the Czech part,were re- The relevant laws and administrative procedures fused citizenship in Czech Republic. Finally an differ from country to country. However, best prac- amendment of the Citizenship Law in 1998 allowed tices across the region could prove to be valid for all for the vast majority to apply for and to receive Czech countries in the region. citizenship.
In Romania, Romani Criss,conducted two Requirements for registration projects,which encompassed a number of activities intending the facilitation of issuing of documents to In Albania, the municipality of Tirana undertook Roma communities in Bucharest and Ilfov. Follow- activities to register Roma children. These include ing an agreement with relevant state and local insti- awareness raising initiatives about the registration tutions, Romani Criss conducted activities such as process specifically directed at Roma communities research on the situation with regard to identity and efforts to actively identify Roma children who documents,dialogues with and information for local are not registered and facilitate their registration di- stakeholders,training of persons in order to enable rectly at the civil registry office even after the 45-day them to support persons without documents to re- period. ceive necessary documents,actually assist and finan- cially support around 5,000 persons with obtaining In Bosnia and Herzegovina, the OSCE Mission, documents,information and awareness raising cam- in co-operation with Romani NGOs and a NGO pro- paigns. It should be mentioned that non-Romani per- viding legal advice, also facilitated in consequence sons who were identified in the course of the workof of an information campaign, the actual registration lacking documents, were included in the project. of children who were not born in hospitals by talking with health authorities and the registration offices. Though aiming at different population groups, it might be worth looking at regularization or normal- ization programmes for illegal immigrants in coun- Acquiring citizenship/Permanent Residence tries such as Italy and Spain. These programmes opened opportunities for hundred thousands of per- The Republic of Macedonia amended recently its sons to legalise their status in the respective coun- Citizenship Law and in Article 14 special conditions tries. Despite shortcomings of these programmes and for acquisition of citizenship have been set out for the fact that Roma facing problems with registration nationals of other republics of the former SFRY and or basic documents are not illegal migrant workers, nationals of the former SFRY. but residents or citizens who are not registered or refugees and IDP, the experiences of these pro- Croatia also amended or is in the process of grammes could provide useful information on the amending both the Law on Nationality and the Law campaigning and the administrative conduct.
34 Roma and Right to Legal Subjectivity in Serbia Deadline 1. July 2006-05-26 2. August- September 2006 3. October- November 2006 4. Decem- ber 2006 5. Decem- ber 2006- February 2007 plans Link with other action - Social security - Health - Education - Employe- ment Action plans for Roma integration and empowerment Data: and Need Availability - Roma and Right to Legal Subjec- Minority tivity, Rights Centre (MRC, November 2005) - Report by the OSCE Mission in Serbia and Montenegro - Roma and ownership of personal docu- ments, research conducted by the “Argument”, available in Serbian only (December 2005) ring Monito- League for the Roma Decade and Council for Personal Documents body Implementing 1. Government of the Republic of Serbia, Ministry of Interior of the Republic of Serbia, Republic Geodetic Authority 2. Municipal/ county assemblies 3. Municipal/ county assem- blies in collaboration with NGOs and inhabitants of a certain settlement 4. Ministry of Interior 5. Municipal/ county assem- blies Belgrade, May 2006. 9. CIVIL REGISTRATION - Draft Action Plan - Draft REGISTRATION 9. CIVIL 1. Instruction about the distribution of house numbers, marking of build- ings and naming of inhabited paces, streets and squares amended 2. Number of settlements, parts of settlements and streets which were named officialy survey of the A 3. population conducted 4. Direction issued by the Ministry of Interior 5. Number of certificates issued regarding the allocation of a house number to persons living in Roma settlements who do not have legal ground for housing 1. Amend the instruction 1. about the distribution of house numbers, marking of buildings and naming of inhabited places, streets and squares by issuing a direction which would allow the distribution of house numbers for housing objects which were not built accord- ing to the Law until final use of the land is determined Adopt a decision on the 2. naming of unplanned settlements, parts of settlements and streets 3. Determine the factual situation in the field 4. Give an instruction to local departments of the Ministry of Interior to allow the issuing of personal ID cards based on the certificate (“rešenje” or “uverenje”) of a house number The Republic Geodetic 5. Authority should issue a decision on the distribution of house numbers to inhabitants of Roma settlements who do not have legal ground for housing 1. Providing registration of residence for persons without legal basis for housing Objective Measure Indicator
35 Roma and Right to Legal Subjectivity in Serbia Deadline December 2006- December 2007 1. August 2006 2. Septem- ber 2006- december 2006 3. August 2006 plans Link with other action - Social security - Health - Education - Employement Action plans for Roma integration and empowerment - Social security - Health - Education - Employement Action plans for Roma integration and empowerment , , , statistics Data: and Need , “Argument” Availability Roma and Right Roma and owner- Roma and Right to Roma and ownership
- to Legal Subjectivity MRC - Report by the OSCE Mission in SaM - ship of personal documents “Argument” for Social AP - Draft Security - Needed: a guide through the procedures for issuing personal documents - Existing of the Ministry for Public Administration and Local Self- Government on the number of positively solved requests and the total number of requests - Legal Subjectivity MRC - Report by the OSCE Mission in SaM - of personal docu- ments ring League for the Roma Decade and Council for Personal Docu- ments League for the Roma Decade and Council for Personal Docu- ments Monito- body Implementing 1, 2, and 3 Ministry for Human and Minority Rights in collaboration with other relevant Minis- tries 4. Ministry for Employ- Labour, ment and Social Policy - Ministry for Public Adminis- tration and Local Self-Government in the case of administrative institutions - Ministry of Justive in the case of judicial insitutions (the courts) - Ministry of Justice and Ministry of Finance Belgrade, May 2006. 9. CIVIL REGISTRATION - Draft Action Plan - Draft REGISTRATION 9. CIVIL 1. Number of brochures/guides distributed 2. Number of persons who receive assistance 3. Number of positively solved requests compared to the number of total requests made (compared to previous years) 1. Number of positively solved requests compared to the number of total requests made (compared to previous years) 2. Qualitative assessment by NGOs working on this issue 1. Organization of a 1. Organization campaign for informing Roma on registration procedures 2. Development of a brochure with instructions on procedures for the registra- tion of personal documents 3. Creation of representatives for the Roma population Work within the Social Centres in counties which have a significant number of Roma 1. Issuing a decision which would stipulate the proce- dures and jurisdiction for solving the problems faced by Roma and other vulner- able categories in case of deterining the facts necessery for a subsequent registration in the birth regisatry. 2. Education and sensibiliza- tion of administrative and court institutions in order to of the birth ensure efficiency registration process 3. Exemption from court administration fees 3. Informing Roma about the proce- dures for issuing of personal documents 2. Registra- tion of the fact of birth for persons who are not registered in the birth registry Objective Measure Indicator
36 Roma and Right to Legal Subjectivity in Serbia
10. EXPLANATION OF country and in the region, which included Roma popu- THE PROPOSAL OF THE lation. The war conflict in Kosovo and Metohia caused eviction of the largest part of Roma population from ACTION PLAN FOR PERSONAL the Province. The result of these migrations is settling DOCUMENTS OF ROMA of Roma from Kosovo and Metohia and Roma from rural areas and undeveloped municipalities in the south- Working group for creating Action plan for personal ern part of Serbia in the biggest urban centers in Serbia. documents of Roma was formed at the end of 2005, Certain number of Roma settled in informal settle- supported by the Ministry of Human and Minority ments, where they live in shacks made of metal and Rights of Serbia and Montenegro. Participants of this cardboard, abandoned cars, dumps, ruined and aban- working group were appointed by the Ministry of Inte- doned warehouses, under bridges or in open fields. rior, Ministry of State Administration and Local Self- Government, Ministry of Labor, Employment and So- Having no possibility to register their residence in cial Policy, Ministry of Justice, Refugee Commissar of informal settlements, these individulas are also denied the Republic of Serbia, National Council of Roma Na- access to the basic social and economic rights, includ- tional Minority, and representatives of international or- ing right to health care and social care, education and ganizations (OSCE, UNHCR, UNDP) and of civil soci- employment. These people are also deprived of their ety (Minority Rights Center, Praxis). Experts of the right to vote in elections. Therefore, Roma are the most Republic Geodesy Institute, Municipality of Zvezdara imperiled and deprived category of population in Ser- and the City of Belgrade also took part in the creation bia, especially those displaced from Kosovo and Meto- of this action plan. hia.
The first draft of this action plan was presented at a By signing and ratifying many international docu- round table, which was held on 24 February 2006 in the ments, Serbia and Montenegro undertook to establish Ministry of Human and Minority Rights. In addition to and implement basic standards in the area of human the insitutions and organizations mentioned above, the rights. Some of these documents are General Declara- round table was attended by representatives of the Min- tion on Human Rights, International Agreement on istry of Education and Sports, Ministry of Health, Team Civil and Political Rights, International Agreement on of government’s vicepresident for implementation of Economic, Social and Cultural Rights, European Con- the Strategy for Poverty Reduction, Republic Public vention on Human Rights and Fundamental Freedoms Attorney, Institute for Social Sciences, municipal ad- and Framework Convention on Protection of National ministration of Subotica, municipalities New Belgrade Minorities. and Palilula, non-governmental organizations (Bibija, Group 484, RC Rom Obrenovac, Help the Children, At the same time, the Constitutional Charter of the Children Roma Center, Center for Integration and Af- State Union Serbia and Montenegro on Human and Mi- firmation of Roma, Rominterpres), UNICEF and As- nority Rights and Civil Freedoms and Law on Protec- sociation of the Red Cross Serbia. tion of Rights and Freedoms of National Minorities represent a firm legal frame that guarantees fundamen- Proposal of the action plan for personal documents tal human and minority rights. of Roma contains three aims: 1. Provision of registration of residence for persons In addition to this, position of minorities is one of without legal grounds for housing the key Copenhagen criteria for joining the European 2. Registration of birth for persons that are not reg- Union. Increasing of unacceptable differences in the istered in the Birth Registry areas of education, employment, housing and health 3. Informing Roma about the procedure of issuing care between Roma and the rest of the society is one of personal documents the basic principles of the regional program “Decade of Roma Inclusion 2005-2015”, which Serbia joined by 1. Provision of registration of residence for signing the Declaration of the Decade in Sofia on 2 persons without legal grounds for housing February 2005. War conflicts in the country and economic crisis The fundamental human right of every individual is from 1991 to 2000 resulted in large migrations in the to be recognized as a legal subject anywhere. A signifi-
37 Roma and Right to Legal Subjectivity in Serbia cant number of Roma in informal settlements do not on determining house numbers. City and municipal have basic personal documents and thus are not able to authorities are authorized for this measure. realize fundamental human rights. After this decision is reached, it is necessary to de- According to the Law on Residence of Citizens of termine a factual state, by inteviews with population the Republic of Serbia, in the course of the registra- in informal settlements in the form of a questionnaire. tion procedure the Ministry of Interior has the right to According to the results, the Republic Geodesy Insti- demand insight into identity card or some other docu- tute could make decision on determining house num- ments, in order to confirm identity or to prove other bers to residents in Roma settlements that do not have important facts. According to the Article 5 of this Law, legal grounds for housing. Determining of facutal “Other document implies particularly an agreement state in informal settlements demands joined engage- on renting apartment, document of ownership, agree- ment of state institutions (Ministry of Interior, city and ment on subtenancy, statement of the applicant about municipal authorities), non-governmental organiza- intention to live at the place reported as a new place tions and population in settlements. As it is possible of residence permanently”. Roma, and particularly that departments of the Ministry of Interior could act Roma that are internally displaced from Kosovo and differently in the procedure of residence registration, Metohia, do not have the documents mentioned above, members of the working group think it is necessary or they are not able to obtain them. At the same time, that the Ministry of Interior issue appropriate instruc- the Ministry of Interior does not accept only a state- tion to departments about registration of residence, on ment of the applicant, but also demands a document the basis of the decision reached by the Geodesy Insti- that proves legal grounds for housing. This is why tute. Roma that live in informal settlements cannot register residence and do not have access to fundamental The working groups is also of opinion that accep- rights. tance of the proposals mentioned above would be the quickest and the most efficient way to solve the prob- The problem of providing registration of residence lem of Roma without registered residence. Solving of without legal grounds for housing is identified as the this problem would lead to recognition of Roma as basic problem that makes the access of Roma popula- legal subjects in front of the law and they would have tion to their rights impossible. access to fundamental social and economic rights - health care, education, employment, etc. The working The working group is of opinion that the solution also emphasizes that these measures would be in con- to this problem is in change and ammendment to the formity with aspirations toward empowerment of le- Regulation on determining house number, marking gal state. buildings with numbers and marking inhabited loca- tions, streets and squares. This would enable deter- 2. Registration of birth for persons that are not mining house numbers for building that are not built registered in the Birth Registry in accordance to the Law. These numbers would be valid until final determination of the land purpose and Another of the key reasons for absence of docu- would not imply legal status of a settlement. This ments among Roma, and which was noticed during the would enable Roma in informal settlements to register field work, is the problem in connection to registration address, i.e. residence and to gain legal subjectivity, of birth for persons that are not registered in birth reg- and to gain possibility to access rights as all other citi- istries or have knowledge about the fact that were reg- zens. Changing of the regulation is under authoriza- istered, but cannot prove it. Experience from the field tion of the Serbian Government. work shows that relevant state institutions do not have the same practice in this matter. Namely, if a person has In cases of Roma that settled in field or in settle- never been registered in the birth registries, it is neces- ments that do not have names it is not possible to reach sary to do the registration. As these persons do not have decision on marking house numbers. Taking this into any proof of identity, administrative organs explain to account, the working group suggests adoption of De- them that facts, which are essential for registration in cision on determining names of informal settlements, birth registries, should be proved in legal proceedings. parts of settlements and streets. This would enable ap- However, the main problem is in fact in this matter, as plying of changes and ammendments of the regulation the court practice is not the same everywhere. Some
38 Roma and Right to Legal Subjectivity in Serbia courts declare their jurisdiction in these case, and after gests that these imperiled categories should not pay a procedure for confirming identity a person can be fees for court proceedings. registered in birth registry, so that the problem can be solved. However, some courts claim that these issues Absence of solution to these problems in a clear and are not under their jurisdiction and advise clients to be- systematic way would lead to increasing number of gin a procedure for confirming maternity or paternity. persons without documents and persons that are de An additonal problem is the fact that some courts de- facto without citizenship. The problem would increase, clare their local jurisdiction according to place of per- as future generation would be the victims of unsolved manent residence and others according to place of tem- problems that their parents had. porary residence. There are often cases of negative conflict of jurisdiction between courts and administra- 3. Informing Roma about the procedure of tive organs. It is obvious that it is hard for legal experts issuing personal documents to manage this complex situation, and it is even harder for clients, who have the additional problem because Considering the fact that some of the proposed mea- they do not speak the language that is in official use. sures represent a change of the existing regulations, Thus it is clear that some legal issues are not precisely and considering the fact that beneficiaries of previous defined and that consequences of this affect citizens measures would be mostly clients ignorant in legal is- without documents. Removing of legal unclearness in sues, who in some cases have not known what their any are is the obvious interest of every country. rights are and how to realize them, the specific aim of the working group is informing Roma about the proce- In order to remove legal unclearness in regard to dure of issuing personal documents. According to the entering facts in birth registries, the working group opinion of the working group, for realization of this suggests adoption of special regulation that would aim it is necessary to do the following: to organize a define the procedure and jurisdiction for solving the campaign for explaining the procedure of registration problems of Roma and other imperiled categories in to Roma people, to create a leaflet containing instruc- cases of determining facts that are necessary for tion for issuing personal documents and to organize registration in birth registries. At the same time, the provision of legal aid in the procedure. The working working group is of opinion that is necessary to per- group also thinks that introduction of Roma’s represen- form education and sensibilization of organs concern- tatives within centers for social work in municipalities ing the most vulnerable categories of population, so in which there are significant numbers of Roma (which that efficienty in work and in removing mentioned is stipulated in the draft of the action plan for health problems could be reached, for mutual benefit of both care1), would contribute to successful realization of all the state and its citizens. The working groups also sug- previously proposed measures in practice.
1 On 16 April 2005 the Ministry of Labour, Employment 00020/2005-05) about the draft action plan for social care, and Social Policy submitted to the Ministry of Human based on the draft of the Strategy for Integration and Giv- and Minority Rights a positive opinion (No. 022-01 - ing New Authorization to Roma.
39