Belgrade Center for Human Rights expresses its great concern about the situation in which asylum-seekers are in the Republic of Serbia. The problem of lack of accommodation facilities for asylum seekers has been existent for more than a year and it is unacceptable that the Commissariat for Refugees still has not found a permanent solution for this problem. Not only in terms of opening new asylum center, but also in terms of awareness of the importance of providing assistance to asylum seekers. If the asylum seekers are not provided with adequate housing, the Republic of Serbia is in the position to treat them on inhuman and degrading way, which entails responsibility before the European Court of Human Rights for violation of Article 3 of the European Convention on Human Rights. Prohibition of torture, inhuman or degrading treatment or punishment is absolute and can not be derogated. Problemof accommodation is only a manifestation of a deeper and more complex problems, mainly systemic inefficiency of the asylum procedure in Serbia. Ministry of Interior, and the Department of asylum, which is part of the Border Police, as the first authority in the asylum procedure has a very small capacity and is not able to process a large number of asylum seekers. Assertion that in Serbia no one really wants asylum and that Serbia is only a transit country are very unconvincing. The whole asylum procedure almost works on this assumption. Inefficiency and lengthy asylum procedure deter asylum seekers to perceive the Republic of Serbia as a country that can provide them with protection. Thus, the Republic of Serbia is relieved of liability to provide shelter to refugees. We hereby appeal to the Ministry of Interior to improve the asylum procedure in Serbia, by increasing the capacity of the Department of asylum or to reorganize the body of first instance.
For two years Belgrade Centre for Human Rights is providing legal assistance to asylum seekers in Serbia as an implementing partner of UNHCR. The legal team of the Belgrade Centre for Human Rights has almost daily contact with asylum seekers fleeing violence and unbearable situation in their countries and seek refuge in Serbia. These are the people who have a big problem, not the people who are probIem. They cannot get the protection from serious human rights violations in their country, either because their country is practically non-existent, such as Somalia, because it is in the state of civil war or state authorities are theones who threaten the life and safety.
Serbia is, according to the UN Convention Relating to the Status of Refugees of 1951 and the Protocol of 1967, which was ratified in time of Yugoslavia, required to allow foreigners to seek refuge on its territory and not to expel the country where they feared persecution and serious human rights. Almost all countries in the world have ratified the Convention Relating to the Status of Refugees and provide protection to refugees in accordance with their capabilities. In addition, according to Article 1 of the European Convention on Human Rights, the Republic of Serbia is obliged to protect the human rights of all persons under their jurisdiction, whether it is on its nationals or foreigners.
Belgrade Centre for Human Rights calls on the citizens of the Republic of Serbia to show empathy and solidarity with asylum seekers and help them, at least insofar as it will try to understand their problems and to enable a peaceful and dignified stay in Serbia. Given all that has happened in our past twenty years, we must not allow the world to acquire the image of Serbia as a xenophobic and racist state.
