CHALLENGES OF FORCED MIGRATION IN SERBIA POSITION OF REFUGEES, INTERNALLY DISPLACED PERSONS, RETURNEES AND ASYLUM SEEKERS June 2011 The contents of this publication are the sole responsibility of Group 484 and can in no way be taken to reflect the views of the European Union 1 2 The goal of this publication is to raise the level of understanding of the complex problems of forced migration in Serbia in the territory of the former Yugoslavia in the context of the obligations in the process of European integrations, as well as to encourage cooperation and exchange of knowledge and experience among national and international institutions, civil society, the academic community and interested individuals. The policy paper on the status and problems of refugees, internally displaced persons, asylum seekers and returnees under readmission agreements, "The Challenges of Forced Migration in Serbia", coordinated by Group 484, was developed by a team composed of representatives of NGOs dealing with these issues: Humanitarian Centre for Integration and Tolerance, Praxis, Society for Peace, Development and Ecology, International Aid Network, Ecumenical Humanitarian Organization, the Red Cross of Serbia, the “Protecta” Centre for Civil Society Development , Serbian Democratic Forum, Novi Sad Humanitarian Centre, Union, Educational Centre Leskovac, Balkan Centre for Migration and Humanitarian Activities, Belgrade Centre for Human Rights, Belgrade Centre for Security Policy, and the Initiative for Development and Cooperation. NGO representatives participated in four working groups to agree on a common policy paper that should also be the basis for advocating for the rights of forced migrants in the state institutions of Serbia and the EU bodies. Working group members were to shape the document in accordance with the existing issues of forced migration in Serbia in the context of European integration, but they had full freedom in structuring the text. As a part of the consultative process, contribution to the publication was also made by representatives of state administration, local government and non-governmental organisations, with their participation and suggestions at round tables in Nis, Novi Sad, Kraljevo and Leskovac. Through training sessions on EU standards in the field of forced migration (November 8 to 10, 2010) and training sessions for conducting advocacy campaigns (December 15 to 17, 2010), representatives of civil society and state institutions were familiarised with the EU standards in the field of migration, as well as the most effective mechanisms and strategies for advocating for the rights of forced migrants. Training sessions were conducted by representatives of the European Council on Refugees and Exiles (ECRE), the most prominent pan-European organisation for the protection of the rights of migrants, based in Brussels. We would like to thank everyone who has participated in the creation of the publication. This publication has been printed as a result of the “Euro-Serbian Cooperation in the Field of Forced Migration” project. The project activities were implemented within the initiative of the EU Delegation in Serbia, “Strengthening the Dialogue between Civil Society in Serbia and the EU”. The project is financed by the European Union, managed by the Delegation of the European Union in Serbia and implemented by the GOPA Consultants. The project was also supported by the Foundation Open Society Institute (OSI-ZUG) 3 4 Table of contents Introduction……………………………………………………………………….9 I REFUGEES FROM CROATIA AND BOSNIA AND HERZEGOVINA………………...11 Introduction – Exile in figures…………………………………………………………………11 1. The missing……………………………………………………………………………...13 2. Process of European integrations and closing the refugee chapter in the territory of the formed SFRY – democratic changes as a prerequisite for closing the refugee issue…..13 2.1. For a balanced regional approach to solving the existing refugee problems……….14 2.2. Regional initiatives and activities……………………………………………………...15 2.3. Serbia in the process of European integrations and solving the refugee issues…….16 3. Integration – legal and institutional framework……………………………………...17 3.1. Restricting circumstances for integration…………………………………………….18 4. Return…………………………………………………………………………………...19 4.1. Bosnia and Herzegovina………………………………………………………………..20 4.1.1. Restitution of property…………………………………………………………………20 4.1.2. Restitution of military flats…………………………………………………………….20 4.1.3. Length of administrative proceedings, administrative disputes and disputes before regular courts…………………………………………………………………………………...21 4.1.4. Impossibility of return of displaced persons and refugees to their pre-war homes...21 4.1.5. Special cases……………………………………………………………………………..21 4.2. Compensation…………………………………………………………………………...22 4.3. Reconstruction of destroyed or damaged housing units – specific forms of housing and property restitution………………………………………………………………………..23 4.4. Employment and the right to work…………………………………………………....24 4.5. Rights arising from the pension and disability insurance……………………………24 5. Croatia…………………………………………………………………………………..25 5.1. Tenancy rights and housing……………………………………………………………26 5.1.1. Review of the latest decisions of the Government of the Republic of Croatia on housing and purchase of flats - particular legal framework…………………………………29 5.1.2. Decision on housing of returnees – former tenancy rights holders outside the areas of special state concern……………………………………………………………………………30 5.1.3. Comparative review of the Decision and the Law on the Areas of Special State Concern………………………………………………………………………………………….30 5 5.1.4. Decision on the sale of flats owned by the Republic Croatia and the Regulation on the conditions for the purchase of a family house or a flat owned by the state in the areas of special state concern……………………………………………………………………………31 5.1.5. Comparative analysis of the Decision, Regulation and Law on ASSC with regard to privatisation of houses and flats……………………………………………………………….31 5.1.6. Concluding remarks……………………………………………………………………..33 5.2. Restoration of property………………………………………………………………...33 5.3. Employment……………………………………………………………………………. 34 5.4. Rights arising from the pension and disability insurance…………………………... 35 5.4.1. Problems related to establishing and verifying years of service……………………..36 5.4.2. Problems of due but unpaid pensions…………………………………………………36 5.4.3. Convalidation of years of service………………………………………………………38 Recommendations………………………………………………………………………………39 II INTERNALLY DISPLACED PERSONS FROM KOSOVO…………………………….40 Between integration and return Introduction – Is there willingness to solve the key problems of internally displaced persons?........................................................................................................................................40 1. Return and exercise of rights in Kosovo and Metohija……………………………………42 1.1. Brief chronology of defining institutional support for the returns process of IDPs to Kosovo…………………………………………………………………………………………...46 Recommendations………………………………………………………………………………48 1.2. Property Rights of IDPs…………………………………………………………………...49 1.2.1. Reconstruction…………………………………………………………………………..52 1.2.2. Compensation Claims…………………………………………………………………..53 1.2.3. Enforcement of Inheritance Decisions………………………………………………...54 1.2.4. Issuing of copies of title deeds………………………………………………………….54 1.2.5. Court taxes for submissions sent to courts……………………………………………54 Recommendations………………………………………………………………………………54 1.3. Privatisation in Kosovo and the rights of internally displaced persons………………...55 Recommendations………………………………………………………………………………55 2. The status of internally displaced persons in central Serbia………………………...59 2.1. Housing………………………………………………………………………………….60 2.1.1. Collective centres……………………………………………………………………….61 2.2. International donor support of self-employment programmes of internally displaced persons - development of self-sustainability in places of displacement……………………..62 Recommendations………………………………………………………………………………64 2.3. Access to documents: dislocated registry books and specific problems of the Roma, Ashkali and Egyptian (RAE) communities…………………………………………………...66 6 Recommendations………………………………………………………………………………67 III Returnees from Western Europe…………………………………………………………..69 Serbian citizens whose asylum applications have been rejected or temporary protection withdrawn Introduction……………………………………………………………………………………..69 1. Asylum seekers from Serbia after the abolition of the visa regime with the EU………...70 2. Sustainability of return……………………………………………………………………...73 3. Overview of the EU policies in relation with the conclusion of readmission agreements....................................................................................................................................75 4. European Integrations and Readmission…………………………………………………..77 5. The legal and institutional framework for readmission and reintegration………………78 5.1. Overview of system deficiencies…………………………………………………………...79 5.2. Reintegration and access to rights………………………………………………………..81 5.3. Vulnerable groups in the process of return………………………………………………84 6. The return of the minorities to Kosovo or to Central Serbia……………………………..86 IV ASYLUM SEEKERS IN SERBIA…………………………………………………………89 Introduction……………………………………………………………………………………..89 1. Legislation in the Republic of Serbia governing the asylum policy………………………90 2. Asylum procedures…………………………………………………………………………..92 2.1. Appeals against first-instance decisions…………………………………………………102 2.2. Bodies competent for the asylum