NOTE ON THE ROUND TABLE ON SUBSEQUENT REGISTRATION
Belgrade, Sava Center, 12 December 2007

1. The Round Table was organized by OSCE, UNHCR and Praxis on the subject of “Subsequent Registration”. 44 representatives of dislocated registries, relevant ministries and NGO’s legal aid providers participated in the discussion of the Round Table.

2. The opening remarks were made by UNHCR Representation and the OSCE Mission in Serbia. Welcoming the participants, UNHCR Belgrade informed them of the work of the Focus Group and that its focus of attention at this moment is to find solutions for some of the recommendations in the IDP Gap Analysis, i.e. solutions to the existing legal gaps relating to subsequent registration and documentation. It was pointed out that the relevant Serbian ministries (Ministry of Interior, Ministry of Public Administration and Local Self Government, Ministry for Labor and Social Policy) have been informed on the activities of UNHCR and the Focus Group. Unfortunately the Ministry of Public Administration and Local Self Government was not able to participate, but has asked the organizers to inform them of the conclusions of the meeting. The representative of UNHCR also noted that an English version of a very recent Note on “Subsequent Registration in Member States of the International Commission on Civil Status” is being distributed and that a Serbian version will follow as soon as it is translated (attached).

The representative of the OSCE Mission in Serbia pointed out that everyone has the right to recognition everywhere as a person before the law. She noted that the international community, and in particular UNHCR and OSCE are consistent in providing assistance and advise to the Government. In this respect it was stressed that registration of legal residence, IDP registration, lack of documents and citizenship represent a problem for many IDP’s in accessing basic rights. Especially Roma IDPs are affected and are in an urgent need for solutions in order to avoid denial of fundamental human rights for a protracted period of time.

3. The local NGO “Praxis” made a detailed presentation on “Access to Documents by IDPs in Serbia – Subsequent Registration”. They presented the existing obstacles and their root causes in accessing documents. Also they presented the problems related to subsequent registration and re-registration, giving concrete examples of practices, interpretation of law and conflict of jurisdiction in administrative and judicial procedures (attached).

In the ensuing discussions representatives of the municipal dislocated registries pointed out the need for enhancing the technical and human capacities of the registries, as well as to the various complexities that they are faced with in their daily work. It was noted that there is a significant number of people who have never been registered and that the problem becomes more complex with elderly people who have not been registered for decades. This is a problem affecting the Roma, but also a number of Serb IDPs. The registries cooperate with other governmental institutions and with local social welfare centers trying to resolve cases to the benefit of the clients. The important role of the NGO sector was also mentioned. The representative of the Bosnian “Vasa Prava” legal aid NGO shared their experience on the discussed issues, pointing out that the procedures in Bosnia for access to civil documents for refugees and displaced have become much simpler. The results and the further plans in the process of digitalization of the dislocated registries were explained. Interest was expressed by the registry offices that have not benefited from this project to be included as soon as possible. UNHCR pointed out that it is seeking additional funds for the remaining dislocated registries (Nis, Jagodina, Leskovac).

4. The representatives of MPDL from Montenegro and Croatia made a brief presentation of the procedures and practices in the two countries. Informing the participants on the practices in Montenegro, the MPDL representative stressed the difficult position of Roma DPs in accessing documentation. He also informed the participants of the Project of Civil Registration of RAE in Montenegro implemented by the Initiative for the Development of Montenegro and funded by the Open Society Foundation. The Croatian legislation, practice and experience were also presented.

5. The representative of the Center for Comparative Legal Studies made a presentation of comparative legal practice regarding the issue of legal subjectivity. He stressed that the right to be recognized as a person before the law represents an obligation of the State and that it is a basic human right and a constitutionally guaranteed right. He noted that Serbia is not the only country that is faced with such a problem and presented the experiences of other countries, providing unsuccessful attempts (Slovenia and the Czech Republic) and specific and successful solutions (Spain, USA, Venezuela). The conclusion of the presentation is that the problem of “invisible persons”, i.e. “persons not recognized before the law” can be legally resolved and that such an attempt should be undertaken in Serbia too.

6. During the discussion, the participants recognized and stressed the need for the provision of free legal aid within the municipal administrations. At the same time, it was pointed out that there also is a need for raising awareness in the public and among all the relevant stakeholders on the importance of civil registration and for simplifying procedures. In this respect, some of the participants noted that timeframes for the enactment of solutions should be established. Otherwise, they noted that the problems would linger on. A majority of the participants expressed dissatisfaction with the absence of the Ministry for Public Administration and Local Self Government, which is directly responsible for the issues being discussed and the work of the Registry Offices. It was stressed that their participation in the resolution of these issues is decisive. At the same time, most of the participants stressed the need for effective inter-ministerial cooperation in resolving many of the issues mentioned at the Round Table.

7. Conclusions

As a result of the presentations and discussion, a set of conclusions has been agreed:

I Create an accelerated and simple procedure enabling subsequent registration for all persons faced with the problem, especially for Internally Displaced Persons, by amending the relevant legislation that relates to the right to recognition as a person before the law.

II The Center for Advanced Legal Studies, supported by UNHCR, the OSCE, Praxis and representatives of other NGO’s in the Focus Group, and in cooperation with the relevant ministries, will offer a proposal for a legal solution, which will address the situation of persons who lack recognition before the law, in the form of a specialized law comprehensively resolving the issue.

III The relevant Serbian authorities, in cooperation and with the support of the International Community, should ensure the enhancement of technical and other capacities of the dislocated registry offices in Serbia.

UNHCR Serbia
OSCE Serbia
Praxis