No. 07-00-00353/2021-02   Date: 26.8.2021.

MINISTRY OF FINANCE
Siniša Mali, Minister

11000 BELGRADE
 Kneza Miloša 20

Dear Mr. Mali,

The Commissioner for the Protection of Equality received a letter from a citizens’ association pointing out that, by conditioning the realization of the right to financial assistance under the Law on the Temporary Register of Adult Citizens of the Republic of Serbia to Whom Financial Assistance is Paid to Mitigate the Consequences of the Covid-19 Pandemic Caused by the SarsCoV-2 Virus[1] (hereinafter: the Law on the Temporary Register), on the requirement of registered residence in the territory of the Republic of Serbia and possession of a valid identity card, certain individuals were prevented from applying and thus from exercising their right to financial assistance.

Namely, Article 1 of the Law on the Temporary Register stipulates that this law regulates the creation and maintenance of the Temporary Register of adult citizens of the Republic of Serbia, to whom financial assistance is paid to mitigate the consequences of the Covid-19 pandemic caused by the SarsCoV-2 virus, the method of payment of financial assistance to adult citizens of the Republic of Serbia to mitigate the consequences of the Covid-19 pandemic caused by the SarsCoV-2 virus (hereinafter: financial assistance), as well as other issues of importance for obtaining financial assistance. The same law, in Article 2, paragraph 1, item 1, clarifies that an “adult citizen of the Republic of Serbia” is a natural person who, on the date of entry into force of this law, is of legal age, who is a citizen of the Republic of Serbia, who has residence on the territory of the Republic of Serbia – in accordance with the law regulating residence and domicile of citizens, who possesses a valid identity card, and who applies for payment of financial assistance in accordance with this law.

The Constitution of the Republic of Serbia[2] prohibits any discrimination, direct or indirect, on any grounds, and particularly on the basis of race, sex, national affiliation, social origin, birth, religion, political or other belief, financial status, culture, language, age, mental or physical disability. [3]

The constitutional prohibition of discrimination is further elaborated by the Law on the Prohibition of Discrimination[4], which defines discrimination as any unjustified differentiation or unequal treatment, or omission (exclusion, restriction, or giving preference), in relation to individuals or groups, as well as members of their families or persons close to them, whether in an open or concealed manner, based on race, skin color, ancestry, citizenship, national affiliation or ethnic origin, language, religious or political beliefs, sex, gender, gender identity, sexual orientation, sex characteristics, level of income, financial status, birth, genetic traits, health status, disability, marital and family status, criminal record, age, appearance, membership in political, trade union, or other organizations, and other actual or presumed personal characteristics.

Article 7 of this law stipulates that indirect discrimination exists if a seemingly neutral provision, criterion, or practice places or could place an individual or group of individuals, due to their personal characteristic, in a less favorable position compared to other individuals in the same or similar situation, unless this is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

The Commissioner points out that when creating measures aimed at reducing the negative effects caused by the COVID-19 pandemic, it is necessary to take into account the fact that the consequences of the pandemic, as well as the measures taken to suppress the spread of the COVID-19 virus, did not affect all categories of the population equally. After the adoption of the Decision on the Declaration of the State of Emergency[5], the Commissioner continued monitoring the situation in the field of equality protection and, through recommended measures and various initiatives addressed to the Government and relevant ministries, pointed out the different problems raised by the most vulnerable categories of citizens. These should certainly be considered when creating measures to mitigate the consequences of the COVID-19 pandemic, and the Commissioner also proposed concrete solutions for overcoming them in practice.

In accordance with Article 33, item 9, of the Law on the Prohibition of Discrimination[6], which, among other things, prescribes that the Commissioner for the Protection of Equality shall issue recommendations of measures to public authorities and other entities for the realization of equality and protection against discrimination, we propose that the Ministry of Finance consider the possibility of enabling persons who, for objective reasons, cannot register their residence and therefore do not possess an identity card (for example, based on citizenship, a birth certificate, and the statement of two witnesses), to exercise their right to assistance aimed at mitigating the consequences of the COVID-19 pandemic caused by the SarsCoV-2 virus.

Namely, in this particular case, the mentioned requirements had the greatest impact on members of the Roma national minority who face housing problems and are neither owners nor tenants of residential buildings, as they encounter obstacles when trying to register their residence. In the letter of the citizens’ association that addressed us, a case was described, accompanied by documentation, in which a female citizen of the Republic of Serbia, of Roma nationality, tried to register her residence at the address where she had in fact been living for years. However, the competent Police Directorate rejected her request with the explanation that she had not proven that she intended to permanently live at that address, given that she had no employment and no relatives in the city where she wanted to register her residence. Furthermore, from the letter and documentation it can be seen that during four field inspections the woman was found at the address where she wished to register her residence, that she had submitted along with her request a notarized contract on the use of the apartment free of charge, as well as a certificate confirming that her child attended school in the place where she sought to register her residence. This citizen filed an appeal with the competent ministry, which returned the case for a new procedure. Thus, it is indisputable that the mentioned citizen intended to register her residence, but for objective reasons she was prevented from fulfilling the conditions prescribed by the Law on the Temporary Register, which is why she was denied the right to financial assistance from the state.

In addition to this, we remind you that the Government of the Republic of Serbia’s Social Inclusion and Poverty Reduction Team, in the study “Mapping of Substandard Roma Settlements According to Risks and Access to Rights in the Republic of Serbia,” mapped more than 700 substandard Roma settlements in Serbia, and that residents of these settlements are very often not registered either as landowners, or as owners of houses built on that land, or as either[7]. Moreover, from earlier communications with the Commissioner for the Protection of Equality, it is evident that Roma men and women also face problems when renting apartments, claiming that some landlords refuse to rent to them.

It should be noted that Article 11 of the Law on Residence and Domicile of Citizens[8] prescribes the possibility of registering residence on several grounds, including the option of registering residence at the Center for Social Work. Although amendments to the regulations made it possible to register residence at Centers for Social Work, inconsistent practices persist, preventing some Roma from resolving this issue. This is confirmed both by communications addressed to the Commissioner for the Protection of Equality and by various studies and reports[9].

It must be borne in mind that the high poverty rate, as well as the fact that some Roma men and women still live without water and electricity in informal Roma settlements, makes them additionally vulnerable during the Covid-19 pandemic. For this reason, it is very important that Roma men and women are not left without support during this period. We would also like to draw your attention to the Commissioner’s 2019 research “Attitudes of Citizens Toward Discrimination”[10], which found that citizens perceive Roma as the most vulnerable group.

Given the fact that the purpose of financial assistance is to mitigate the consequences of the Covid-19 pandemic caused by the SarsCoV-2 virus, that the mentioned individuals are citizens of the Republic of Serbia, and that they belong to the category of the most vulnerable citizens, we consider it necessary to include persons who, for objective reasons, cannot register their residence in support measures, either through amendments to the Law on the Temporary Register or by adopting a special regulation prescribing specific measures for such persons.

With this in mind, and with the aim of improving equality for the most vulnerable categories of citizens, we believe that you will find a solution to ensure that these persons are also able to exercise their right to financial assistance.

[1] “Official Gazette of RS”, no. 40/21

[2] “Official Gazette of RS”, no..98/06

[3] Article 21of the Constitution of the Republic of Serbia

[4] “Official Gazette of RS”, no. 22/09 and 52/21

[5] “Official Gazette of RS”, no. 29/20

[6] “Official Gazette of RS”, nos. 22/09 and 52/21

[7] Report “Roma Men and Women in Serbia and the Situation of Roma Men and Women Returnees from Western Europe”, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH

[8] “Official Gazette of RS”, no. 87/11

[9] https://www.ukljucise.org/docPublic/3/romi-i-romkinje-u-srbiji-i-polozaj-roma-i-romkinja-povratnika-iz-zapadne-evrope.pdf

[10] https://ravnopravnost.gov.rs/wp-content/uploads/2019/11/izvestaj-o-istrazivanju-javnog-mnjenja.pdf

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković