Law on Citizenship of the Republic of Serbia
On 19 June 2013, the Ministry of Labour, Employment and Social Policy issued a new instruction for acting of social welfare centres in relation to registration of permanent residence at SWC address for persons who do not fulfil other legal bases of housing, since the previous instruction had not offered the solution that citizens could benefit from.
The new instruction offers a more efficient and more rational solution for the citizens. However, the Law on Permanent and Temporary Residence (adopted in November 2011) cannot be still implemented consistently because the Ministry of Interior has not yet issued the instruction for acting of police departments and stations in procedures for determination of permanent residence at the address of social welfare centres.
See:Instruction of the Ministry of Labour, Employment and Social Policy for Acting of Social Welfare Centres in Relation to Registration of Residence at SWC Address
On 18 June, the Government of the Republic of Serbia and the European Commission organized in Belgrade the seminar on inclusion of Roma in the Republic of Serbia. The seminar was held as the continuation of the active application of the operative conclusions from 2011 with an aim to present taken activities and achieved progress as well as remaining problems, and also plans for further improvement of the position of Roma.
The discussed subjects referred to registration in birth registry books and access to personal documents, measures related to education, employment, social protection and health care, exercise of the right to adequate housing, freedom of movement and readmission.
Within the first session that referred to registration in birth registry books and access to personal documents, the Executive Director of Praxis talked about the estimates of needs for subsequent birth registration, application of the legal framework and examples from practice. Also, in the course of discussion about the exercise of the right to adequate housing and health protection, by pointing at the most significant problems from practice, Praxis representatives gave its contributions to better understanding of the position of Roma and obstacles they daily face when accessing their rights.
The seminar was also attended by the representatives of the National Assembly, Government of the Republic of Serbia, Roma National Minority Council, Ombudsperson, Commissioner for Protection of Equality, cities and local self-governments, and also by the representatives of the international and civil society organizations. For the needs of the seminar, Praxis elaborated two documents on the situation in the area of exercise of the right to registration in birth registry books, the right to citizenship and the right to adequate housing.
Download the documents:
Situation in the area of exercise of the right to registration in birth registry books and the right to citizenship
Situation in the area of exercise of the right to adequate housing
Presentations of the participants:
Ministry of Justice, Science and Technological Development
Ministry of Construction and Urbanism
Ministry of Labour, Employment and Social Policy
Commissariat for Refugees and Migrations of the Republic of Serbia – Readmission
Commissariat for Refugees and Migrations of the Republic of Serbia – Housing
UNICEF
Roma Issues Coordinator in the City Administration of the City of Sombor
Bibija
Romanipen
Registration of permanent residence for S.F. was performed at the address of the Social Welfare Centre in Vranje, following which the Police Department in Vranje issued ID card for the client. Despite the obstacles stemming from imprecision and non-compliance of certain provisions of the by-laws, in deciding, the competent officers primarily had in mind the interest of the party and did not let the strict formal conditions lead to deprivation of access to rights of citizens.
This is one of good practice examples and an example of proceeding of competent services and state bodies that is in accordance with the law and that primarily takes into consideration the interests of citizens. Unfortunately, such practice has not been established everywhere yet, not only because of shortcomings of the by-laws related to the possibility of registration of residence at the address of social welfare centres, but also because of unwillingness of the employees in competent state services to find solutions in their work, based on the existing laws and other regulations, that would protect the rights and interests of individuals, especially members of minorities and marginalized groups
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