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.

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.

 “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.

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.

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.

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.

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.

This 10^th 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 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/

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. 

The Republic of Serbia this morning extradited to Bahrain its national, despite the interim measure imposed by the European Court of Human Rights (ECtHR) on Friday, 21 January 2022 in response to a request submitted to this Court by the BCHR and the man’s lawyers. The man was held in pre-trial detention in Serbia since November 2021, although he expressed the intention to seek asylum to the relevant authorities during the extradition procedure, claiming that he was at risk of being subjected to torture and political persecution if returned to his country of origin. Despite the ECtHR’s interim measure indicating that Serbia should refrain from extraditing him until 25 February and the completion of the proceedings before this Court, Serbia extradited the man, thus violating not only the decision of the Strasbourg court, but a number of international and domestic regulations obligating it to respect and protect human rights as well.     

Bahrain’ Sunni-led monarchy has a poor human rights record and is well-known for limiting the political rights and civic freedoms of the Shi’ite population. The extradited man had been detained and tortured by the Bahraini security forces  because of his opposition to the regime. He sustained severe physical injuries during the 2011 protests in Manama, when the police and army killed five and wounded around 250 people. He was sentenced in absentia to life imprisonment in two separate trials, in 2013 and 2015. The 2015 proceedings were conducted against another nine people, three of whom were convicted to death and executed in 2017. The United Nations, the European Parliament and international human rights organisations criticised Bahrain for imposing capital punishment.

The European Convention on Human Rights, as well as Serbian law, prohibit the expulsion, refoulement or extradition of anyone to another state where they may be at risk of torture or inhuman or degrading treatment or punishment.

In response to BCHR’s request, the European Court of Human Rights issued an interim measure indicating to the Serbian Government not to extradite the Bahraini national until 25 February and requesting of Serbia to provide it by 11 February  with additional infomation about the 2.5 month long extradition procedure before Serbia’s courts. The Belgrade Higher and Appeals Courts and the Justice Minister were of the opinion that all the requirements for the man’s extradition were fufilled. The ECtHR required of Serbia to provide additional information, among other things, whether the relevant courts had taken into consideration the possible risks of torture and/or ill-treatment that the applicant would face if extradited to Bahrain and whether he had been allowed to access the asylum procedure in Serbia.

Serbia’s decision to extradite the Bahraini national despite the ECtHR’s interim measure will further impinge on its international reputation and bring into question its commitment to the rule of law, legal certainty and respect for human rights enshrined in the European Convention on Human Rights and the Serbian Constitution. To recall, Serbia wrongfully extradited a Turkish national, Kurdish political activist Cevdet Ayaz to Turkey in 2019. In its Concluding observations of December 2021, the UN Committee against Torture mentioned this case, saying it regretted Serbia’s lack of progress in carrying out comprehensive post-expulsion monitoring of the complainant serving his prison sentence in Turkey and ensuring redress, including adequate compensation of non-pecuniary damage resulting from the physical and mental harm that he endured. The Committee required of Serbia to provide it with information on institutional and legal reforms undertaken to avoid a similar wrongful extradition.