Stop the aggression of the Russian Federation on Ukraine

March 1, 2022

Capture 3 slobode englThe organisations gathered around the Three Freedoms Platform fiercely condemn the aggression of the Russian Federation on Ukraine and warn that a blatant violation of international law norms is at hand. We call upon the international stakeholders and humanitarian organisations to do all in their powers to prevent further suffering of the civilian population, and upon the relevant institutions of the Republic of Serbia to contribute to that end, as well as to prepare for providing assistance to the people fleeing their homes. Also, we call upon the institutions of the Republic of Serbia to join other European countries and condemn the aggression of the Russian Federation on Ukraine. This is one of the important moments of the European solidarity and Serbia, if it wishes to be part of the European Union, must demonstrate that its shares the EU values.

We remind that the Russian Federation, by the active engagement of its army on Ukraine’s territory, has violated the 2014 Minsk Protocol, whereby cease fire was reached in the East Ukraine conflict. The Russian Federation has also violated the United Nations Charter, the Final Helsinki Act, as well as the 1994 Budapest Memorandum. By this undertaking, the Russian Federation has jeopardised peace and stability both in Europe and in the entire world, and the citizens of Serbia too are going to feel the repercussions.

The organisations gathered around the Three Freedoms Platform voice their solidarity with the citizens of Ukraine and urge the leadership of the Russian Federation to respect the international humanitarian law, stop the civilian casualties, terminate the missile discharging and shelling of civilian facilities and immediately abandon the threat of nuclear attack against the whole world in order to attain its own goals.

We appeal to both sides in the conflict to protect journalists who report from the field.  Unfortunately, the truth is the first victim of every war, and reporting in accordance with professional standards is crucial in such moments to protect human lives.

We call upon the institutions of the Republic of Serbia to do everything to provide humanitarian assistance to the population of Ukraine, to prepare for possible arrival of refugees from war-ravaged areas as well as to provide humanitarian and any other aid to the countries bordering Ukraine in order to prevent humanitarian disaster caused by the high influx of refugees.

Signatories:

  1. Autonomous Women’s Centre,
  2. A 11 – Initiative for Economic and Social Rights,
  3. Belgrade Centre for Security Police,
  4. Belgrade Centre for Human Rights,
  5. BIRODI,
  6. Catalyst Balkans,
  7. Center for Research, Transparency and Accountability (CRTA),
  8. Center for Cultural Decontamination (CZKD),
  9. Civic Initiatives,
  10. Helsinki Committee for Human Rights in Serbia,
  11. Youth Initiative for Human Rights,
  12. The Lawyers’ Committee For Human Rights (YUCOM),
  13. Independent Journalists’ Association of Serbia,
  14. New Optimism,
  15. Partners Serbia,
  16. Slavko Curuvija Foundation,
  17. Trag Foundation.

Open letter of the Balkan Refugee and Migration Council

February 25, 2022

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Seven civil society organizations (CSOs) joined in the Balkan Refugee and Migration Council – BRMC (Albanian Helsinki Committee (AHC); Belgrade Center for Human Rights (BCLP); Civic Alliance from Montenegro (GAMN); Civil Rights Program Kosovo (CRP/K), Group 484, Macedonian Association of Young Lawyers (MYLA) and Your Rights Bosnia and Herzegovina (VP BiH) appeal for peace, respecting international human rights law and stopping of all military actions in Ukraine.

The current situation is alarming, with thousands of civilians leaving their homes fleeing from war. This call is for immediate reaction with aim to prevent the humanitarian disaster and save thousands of lives, and to prevent exodus of refugees inside and from Ukraine.

We are facing human rights violation, where the lives of civilians are directly endangered.

Therefore, we invite all stakeholders to provide support to the people who stayed in Ukraine, protect those who were forced to flee and do everything to create conditions for them to return as soon as possible to their homes.

In the world of 21st century that cherishes democracy and respect of human rights, it is an imperative to ensure peace, security and freedom.

BCHR presents its annual Report on the Right to Asylum in the Republic of Serbia

February 24, 2022

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The Belgrade Centre for Human Rights presented its annual report Right to Asylum in the Republic of Serbia in the Belgrade Media Center on Wednesday, 23 February 2022. The Report editor Ana Trifunović said that the data of the Serbian Commissariat for Refugees and Migration showed that over 60,000 people resided in Serbian asylum and reception centres in 2021, that 2,306 of them expressed the intention to seek asylum in Serbia and that 174 actually applied for asylum.

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 “Most of the people who sought asylum in Serbia were nationals of Afghanistan. The asylum authorities upheld only 14 applications in 2021, half the number of claims they approved in 2020. In 2021, the Asylum Office rejected 51 and dismissed nine applications, and discontinued reviews of 73 applications, usually because the asylum seekers decided to leave Serbia before the procedure was completed,” she said.

UNHCR Representative in Serbia Francesca Bonelli said that the number of globally displaced people in the world –  84 million – has never been higher and that 45% of them were children. She said that refugee protection was extremely important in the circumstances, with the alarming increase in the number of violent incidents against refugees and migrants and violations of their human rights at borders, not only in Europe, but elsewhere in the world as well.

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She noted that although the vast majority of refugees perceived Serbia as a transit country, there were refugees, albeit a small number of them, who sought asylum in it, who were willing to integrate in Serbia’s society and build a new life in it.

The Right to Asylum in the Republic of Serbia 2021 report shows that the number of refugees and migrants in the territory of Serbia was stable throughout the year, ranging between five and six thousand on average. According to the December 2021 data, 60,407 people were accommodated in the centres run by the Serbian Commissariat for Refugees and Migration, a slight increase over 2020, when a total of 58,103 stayed at Serbian asylum and reception-transit centres. Although tens of thousands of asylum seekers and other migrants pass through and stay in Serbia every year, a relatively small number of them intends to seek international protection in it.

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The intention to seek asylum in Serbia was expressed by 2,306 people from 1 January to 31 December 2021, a slight decrease over 2020 but a major one compared to the pre-pandemic era. Most of the foreigners who expressed the intention to seek asylum in Serbia in 2021 were nationals of Afghanistan – 1,025, followed by nationals of Syria – 466, Burundi – 134, Pakistan – 120, Bangladesh – 107, Cuba – 92, etc.  A total of 174 asylum applications were filed in 2021, a slight increase over 2020, when 144 claims were submitted. Most of the applicants were Afghan nationals.

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The Asylum Office upheld a total of 14 asylum applications in 2021, less than half than in 2020, when it upheld 29 claims, and much less than in 2019, when it granted refuge or subsidiary protection in 35 cases. The Asylum Office upheld the applications of 208 foreigners from 2008, when the national asylum system was established, to 31 December 2021.

Serbia in 2021 continued extending humanitarian assistance to migrants, most of whom came from refugee-generating countries. Despite some headway in the realisation of the right to asylum and access to integration-related rights, the national asylum system was still not fully functional in the reporting period; it was further stymied by the ongoing COVID-19 pandemic. A substantial number of people in need of international protection still do not perceive Serbia as a country of refuge, but merely as a country they transit on their way to EU Member States, which provide refugees with better prospects for integration and life in dignity.

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Serbia still lacks sustainable systemic solutions for the adequate protection and improvement of the situation of asylum seekers, migrants and refugees, who still rely heavily on support provided by international and non-government organisations, while systemic solutions and effective coordination among the state authorities are lacking.

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This 10th annual report on the right to asylum in the Republic of Serbia covering 2021 was prepared by members of BCHR’s legal and integration teams based on their experience in extending legal aid to migrants and representing asylum seekers in the asylum procedure, their field work and the support they have been extending to the integration of foreigners granted asylum in Serbia. The BCHR has been extending legal aid to asylum seekers and people granted international protection as UNHCR’s partner since 2012. 

The Right to Asylum in the Republic of Serbia 2021 is available HERE.

The BCHR also presented the results of the survey of public opinion on refugees and migrants in Serbia conducted in 2021, which is available HERE . The video of the presentation of the Report in the Belgrade Media Center is available. 

The position of young people in Serbia topic for the UN Committee on Economic, Social and Culutral Rights

February 22, 2022

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The position of young people in Serbia was a topic before the United Nations’ mechanisms for the first time. On Monday, February 21, 2022, the Geneva-based Committee on Economic, Social, and Cultural Rights considered the Youth Specific Alternative Report, submitted by the Belgrade Centre for Human Rights in coalition with other youth organizations and organizations for young people. For the first time, before the international mechanisms available to civil society organizations, the report drew attention to the position of young people and the challenges that young people in Serbia face in exercising their economic and social rights. This opened the process for dialogue with the Committee and the State of Serbia on the needs and recommendations related to the improvement of the young people’s position in the field of social and economic rights.

The position of young people on the labour market in Serbia is significantly more unfavorable than the position of other age groups. Every fifth employed young person earns less than the minimum wage of 33,805.00 Serbian dinars.[1] The Draft Law on Labour Practices proposes that trainees receive compensation that is lower than the minimum wage, and this could lead to employers using them as a substitute for paid workers who are employed for an indefinite period.

Serbia has forgotten about children with disabilities, who make up 80% of children living in institutions, often mixed with adults and threatened with lifelong segregation.[2] The right to personal mobility is not adequately guaranteed to young people with disabilities, making it difficult for them to move into adulthood. The survey shows that two-thirds of respondents have to contribute with their financial resources to get the help they need, and 23% need to procure their aids and devices through charities or humanitarian actions.[3]

The COVID-19 pandemic further highlighted the weaknesses of the psychosocial support system for young people. There are still only five mental health centres in Serbia, and private practice, for financial reasons, is not available to young people. Serbia still does not have a law on psychotherapy that would clearly define who can perform it and under what conditions. The insufficient availability of experts in protecting and improving mental health is one of the burning problems, especially in smaller communities.

Environmental problems significantly affect the lives of young people in Serbia exposed to pollution of all environmental parameters. About 1,300,000 young people are exposed to excessively polluted air, and this, combined with the challenges related to the right to water and waste management, can have serious consequences for young people’s health. High exposure to environmental pollution puts Serbia in ninth place globally and first in Europe in the number of premature deaths caused by pollution per 100,000 inhabitants.[4]

The Youth Specific Alternative Report was prepared and compiled by teams from 12 youth organizations and organizations for youth in Serbia. The entire Report with critical findings, submitted to the United Nations Committee on Economic and Social Rights, is available here.

To inform the youth community about the key findings of the Report and the progress of the dialogue that should lead to improving the position of young people in Serbia, the #KakoIde campaign was launched. You can follow the campaign on the Belgrade Centre for Human Rights social networks.

[1] Minimum net salary for January 2022, available at: http://demo.paragraf.rs/demo/documents/editorial/statistika/02_stat.htm

[2] “Forgotten Children of Serbia”, MDRI-S, 2021, p. 2. Available at: https://www.mdri-s.org/wp-content/uploads/2021/06/Sazetak-final.pdf

[3] Keravica R., Mijatović M., Veljković M. “Youth with disabilities in the fight for freedom and the right to independent living – Access to mobility aids, devices and assistive technologies”, IM-PACT 21 (forthcoming in 2022).

[4] Global Alliance for Health and Pollution – GAHP – available at: https://gahp.net/pollution-and-health-metrics/

Constituencies for Judicial Reform in Serbia

February 2, 2022

Donor: USAID
Duration: January 2019 – January 2024
Project Leader: Lawyers’ Committee for Human Rights – YUCOM

About the project

The overall objective of the USAID supported „Constituencies for Judicial Reform in Serbia“ project, is to strengthen citizens’ confidence in the work of judicial institutions in the Republic of Serbia by improving communication between the citizens and the judiciary. 

The Project is implemented by a coalition of 12 organizations engaged in human rights and the development of democracy, as well as professional judicial associations:
1. Lawyers’ Committee for Human Rights (YUCOM);
2. European Policy Centre (CEP);
3. Association of Public Prosecutors and Deputy Public Prosecutors in Serbia;
4. The Network of the Committee for Human Rights in Serbia (CHRIS Network);
5. Judges’ Association of Serbia;
6. Transparency Serbia;
7. Belgrade Centre for Security Policy (BCSP);
8. Partners for Democratic Change Serbia (Partners Serbia);
9. Belgrade Centre for Human Rights,
10. Judicial Research Center (CEPRIS);
11. National Parliament Leskovac;
12. Forum of Judges of Serbia.

One of the three main goals that the project aims to achieve is to establish a proactive relationship between the representatives of the judiciary and the citizens and their better acquaintance with the system itself, which would help citizens to better meet and understand their rights, as well as how to reach them. The project aims to establish this type of relationship through several channels of communication with citizens, which have been adapted to the different social structure of the population, age and education level. This includes communication through a digital platform, digital media and blog posts, as well as through local councils in 15 cities and municipalities in Serbia. Led by the spirit of developed democracies, the project wants to adopt the principle of open dialogue between citizens and the judiciary, and to encourage their greater engagement in local communities. The task of the project is to help citizens to understand their rights, guaranteed by the Constitution, and also to inform citizens how the judicial system works and how judges and prosecutors make fair and rational decisions.

The second goal of the project involves organizations to work on researching and detecting the primary needs of citizens in their everyday practice with the judiciary in Serbia. This activity will try to understand and investigate citizens’ reasons for low level of trust in the judicial system, widely monitoring citizens’ experiences in meeting with the judiciary. As a result of this activity, the coalition on the project will create three comprehensive reports that would serve as a means of further public policy formulation that support citizens’ needs.

The last goal of the project is to raise the accountability and integrity of judicial institutions. The project aims to work with judicial and civil society stakeholders to enhance the integrity and accountability of judicial institutions through an improved methodology of integrity plans and an open procedure for appeals and free citizens’ complaints, making them more transparent, more accessible and engaging citizens themselves.

Serbia’s Reply to the European Court of Human Rights Concerning the Extradition of Bahraini National Despite the Court’s Interim Measure

January 28, 2022

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Serbia responds to the request of the European Court of Human Rights to provide it with information about the extradition of Bahraini national

The letter, signed by Serbia’s State Agent before the European Court of Human Rights, notified the ECtHR that Mr. Ali Ahmed Jaafar Mohamed was extradited to Bahrain on Monday, 24 January 2022, in the early morning hours. The letter said that the State received the ECtHR’s decision on the interim measure on Friday, 21 January 2022, at 19:57h, but that it did not comply with the interim measure because of the short period of time between the issuance of the ECtHR’s decision and the extradition. The letter said that Mr. Mohamed had not applied for asylum in Serbia and that Serbia has always complied with the ECtHR’s interim measures to date.

BCHR underlines that 57 hours, i.e. more than two days, passed from the moment the Serbian authorities received the ECtHR’s letter indicating it refrain from extraditing Mr. Mohamed to the moment of his extradition. ECtHR’s interim measures require immediate action precisely to prevent the occurrence of irreparable harm, in this case the extradition of Mr. Mohamed to the state where he is at risk of torture and inhuman or degrading treatment.

Mr. Ali Ahmed Jaafar Mohamed did not apply for asylum formally because the extradition authorities ignored his written requests in December 2021 to enable him access to the asylum procedure. BCHR, as his legal representative, made the same request to the Asylum Office on Friday, 21 January 2022.  

Given that Serbia is a Council of Europe member, that it signed the European Convention on Human Rights and recognised the jurisdiction of the European Court of Human Rights, the relevant Serbian authorities were under the obligation to comply with the ECtHR’s legally binding interim measure, wherefore the State’s reply can only be qualified as unacceptable.

BCHR’s legal team will file an application with the ECtHR complaining of this manifest violation of the European Convention on Human Rights, which is an integral part of Serbia’s legal order.

BCHR recalls that this is not the first time Serbia disregarded an interim measure indicated by the ECtHR. It did so also in 2016 (in the case of Antić v. Serbia).

Mr. Ali Ahmed Jaafar Mohamed written requests to Serbian authorities from December 2021 are here in Serbian.