REPORT On Respect of Human Rights of IDPs/refugees in Central Serbia For period between July 2010 June 2011

Transcription

1 Civic Action LINGUA Veljka Vlahovića br. 35/7; Olge Jovičić 24, Kraljevo 36000, Serbia Tel/Fax: +381 (0) ; (0) Web: REPORT On Respect of Human Rights of IDPs/refugees in Central Serbia For period between July 2010 June 2011 Kraljevo, Serbia, June Radovan Milićević, Director Dejan Jović, Legal Adviser

2 Status of internally displaced persons (IDPs) Even though there are similarities in issues and status of refugees and displaced persons, there is as well a significant difference in legal treatment of these issues, for these endangered groups. Refugees enjoy protection of UN Convection and Protocol on Refugees, and they are being under care by United Nations High Council for Refugees and other international organizations. Governments which have IDPs on their territories are obliged to, first of all, to take care and protect those individuals. IDPs are entitled for the same rights and freedoms as persons who are not displaced, meaning that they are being protected both with International Law on Human Rights and its national legislation. Principle 1: IDPs shall enjoy in full equality, the same rights and freedoms under international and domestic law as do other persons in their country... 1 For solving issues of IDPs in Republic of Serbia, Republic Commissariat For Refugees is entitled as well as the Ministry for Kosovo and Metohija, Sector for Affairs of Republic of Serbia on Kosovo and Metohija (KiM)- Coordination center for KiM. Jurisdiction of Commissariat refers mostly to lodging of IDPs in collective centers, acceptance of IDPs' status and issuing IDs for them. Ministry for KiM presents a state body whose task is to solve issues with KiM and coordination of activities connected with humanitarian aid for IDPs as well as providing conditions for their return to Kosovo. For establishing IDP status: 1. Personal documents (ID card a page with personal data, photography and page with registration and departure of permanent residence for adults, excerpt from Public Birth Records, not older that six months and ID card of one parent for juvenile), 2. Residence report, 3. Accommodation statement (if the party own real estate and resides in it, present an evidence of ownership), 4. Two photographs for older that 16. UN Guiding Principles on Internal Displacement This document has been presented by UN Secretary-General special representative Francis Deng in 1998 (the principles have been adopted as Annex for Resolution No 1997/39, brought by UN Commission on Human Rights for IDPs. Principles determine those rights and guarantees which are of importance for protection of IDPs in all phases of displacement. These principles do not present an obligatory instrument, they mirror (reflect) and are in coordination with International Human Rights and Humanitarian Law on Refugees. IDPs are almost regularly exposed to great antagonism by local population leading. Leading principles offer useful practical guidelines for the governments, other countries, international organizations and NGOs in their work with IDPs. 1. Protection of rights for IDPs during displacement 1 UN Guiding principles on Internal Displacement Principles have been adopted as Annex 1997/39 brought by Human Rights Commission on its 53 rd meeting.

3 1.1 Obtaining personal documents Principle Every human being has the right to recognition everywhere as a person before the law. 2. To give effect to this right for internally displaced persons, the authorities concerned shall issue to them all documents necessary for the enjoyment and exercise of their legal rights, ) 2 Excerpt from Registry Book For issuing identity card and determining JMBG (Unique Registration Citizen's Number), every citizen is obliged firstly to acquire birth data and citizenship data (citizenship) before Public Record Service, competent on the place of birth. By displacement of state bodies from territory of Kosovo, even Record Services, to other towns in Serbia which gravitate towards Kosovo and Metohija and keeping their local jurisdiction, made more difficult to exercise basic civil rights for the IDPs. That way, Record Services displaced from Kosovo are in municipalities of Kraljevo, Vranje, Leskovac, Jagodina, Kruševac, Kragujevac and Niš. For displaced persons from municipality of Klina area and some other, whose Public Records have not been taken away, renewal of Public Records have been issued by the request of these individuals. That way, for renewal of Public Records and citizens records, applications are being submitted for all the individuals without data in Public Records. Due to great scope of work and procedure proscribed by law, applications have not been processed in due time. That way IDPs must travel several times to displaced Public Record offices and wait for renewal of personal documents sometimes for a year. In cases where there are no data by which renewal of Public Records could be made, a person is sent to the Court to establish the facts from Records in the Court proceedings, which renders the procedure longer and more complex. A number of old, ill and socially endangered persons still have not produced their personal documents. Having in mind the significance and importance of IDPs' personal documents issue, and that the latter cannot be solved without our professional assistance, we have searched for possible simple and acceptable solution in frame of current legal provisions. 2) UN Guiding Principles of Internal Displacement

4 Example: V.D. (52), a displaced person from Drenovac - Klina, registered temporary residence in Kraljevo, lives in private accommodation. During the displacement in Kraljevo, he possessed only ID card and the Registry Office in Klina municipality has no registry books. To obtain a new ID card, data reconstruction in the civil register of birth at the relevant registry office has to be performed on the bases of the old excerpts issued before 1999 and then through the Ministry of Internal Affairs of the Republic of Serbia submitted the request for determination of citizenship. The procedure requires a lot of supporting documents and the procedure itself takes a long time. In September 2006 he filed a claim with the competent registry office, which was denied due to incomplete documentation. Since the request was denied V.D. hasn t submitted a new application, or initiated the procedure at the Municipal Court in Kraljevo for determination of the facts of birth. In October 2010, with legal assistance of LINGVA lawyer the request for reconstruction of registration in the Register of births at the relevant registry office Klina, which was dislocated to Kragujevac, was submitted. The City Administration General Secretariat for General Administration of Kragujevac for registration area municipality of Klina, through an accelerated procedure issued the decision to approve the reconstruction of registration in the Register of births under the No. P for Citizenship After the facts of birth have been established in Public Birth Records, displaced person applies for establishing citizenship before the Police Administration by the place of residence. Separate (administrative) procedure for determining citizenship which is now processed before MUP and takes from 6 months up to a year, which is very long procedure from applying for renewal of birth records to determining citizenship and fulfilling conditions for obtaining ID card. If there is missing evidence determined in the procedure, MUP does not take measures by official duty to establish eventually disputed fact, but orders it to the applicant, which additionally prolongs the procedure. That way the elderly persons whose parents have long been deceased or do not remember certain facts, are facing great problem how to provide requested evidences and establish the right to determine citizenship, since GU (City Administration) Kragujevac does not possess Birth Records and citizenship Records for area of Klina municipality. By applications for determining the citizenship, Ministry of Internal Affairs of Republic of Serbia, conducts the procedure as request has been filed to reception in citizenship category. That way applicant is provided with the decision accepted into citizenship in the end of procedure, even it has not been requested by the application. The Decision should cite: citizenship is determined of Republic of Serbia, as it has been prescribed in The Law on Citizenship. This difference is essential, and decision statement directly hits human rights of IDPs. Documents for determining citizenship: For determining citizenship, it is necessary to provide the following evidences: a) proof that the Birth Record has not been taken away from Kosovo (not registered); b) excerpt from the Birth Record; c) citizenship certificate for parents; d) excerpt from Marriage Records for parents; e) document which proves assumption of citizenship, and f) proof on paid administrative tax. Procedure for acquiring the cited evidences is complex and individually lasts for several months.

5 Example: ML (79) and RL (84) are displaced persons from Mlecane - Klina, accommodated in the refugee center in Mataruska Banja. They submitted request for establishing their citizenship, with all supporting documents and proof of payment of administrative fees to the MUP of Serbia, through the Police Administration Pec, under the number / Since the 10 months has past and ML and RL are old and sick people who do not possess identity documents, and therefore are deprived to exercise the right to health and social security, a demand was sent to the Head of Police Administration in Pec, 28 July 2009, in order to speed up the process for establishing citizenship. Unfortunately, the Republic Ministry of Interior didn t act according to the request of July 28, 2009, neither according to the demand of June 31, 2011, in terms of determination of citizenship for ML and RL. Two years after the submitted demand Lingua lawyer sent another demand and complaint on the work of the competent authority, given that three years has passed since the request the determination of citizenship for ML and R.L has been submitted. and the competent at the Ministry of Interior of the Republic of Serbia on this issue didn t act according to request. Prolonging the procedure for establishing citizenship has no excuse, because of: a) it has not been taken into consideration that the applicants are elderly persons, displaced persons, potential MOP users; b) that Birth Records and Citizenship Records are not being taken away from Kosovo after the end of war in 1999, with conscienceless work of local administration officers, by which the citizens have been damaged; c) that in a special Court proceedings facts from Public Records have already been determined, and that the family members were born and had lived in R. Serbia; d) that there are reasons for freeing of fees by official duty, according to Article 44 p. 1 Law On Citizenship of R. Serbia, analogically to section 96/2 Guidelines on managing Record Services and forms. Law on Citizenship R. Serbia, Article 44: For individuals who gained the citizenship of Republic of Serbia and has not been registered in Birth Records or Citizens Records led by existing procedures, competent Ministry for Internal Affairs shall determine the citizenship of that individual by his/her request, or by request of competent body leading the procedure in connection with exercising rights of individuals by official duty. On establishing citizenship of R. Serbia, competent Ministry for internal affairs brings solution. Person for which the citizenship has been established is registered in citizen s records of Republic of Serbia managed by the provisions of this Law. Administrative Procedure: Reconstruction of Birth Records and the establishment of citizenship must be considered as urgent procedure. In addition there are legally valid reasons for the authority of first instance body in the process of resolving the claim and obtaining other evidence may take measures and actions ex officio. The Law on Citizenship of the Republic of Serbia in Article 44 Paragraph 1 provides the possibility of establishing citizenship ex officio Obtaining excerpt from the Birth Records and certificate on citizenship (Citizenship) is prerequisite for issuing ID card, determining JMBG and issuing the other personal documents, and also establishing social welfare rights, health care, right to work and other rights. Thus, applications for renewal of Birth Records and establishing the

6 citizenship can present sufficient ground for further evidence derivation in administrative procedure be conducted ex officio, by applying principle of legal aid. Additionally, there is a legal possibility to release IDPs to the pay the costs of administrative procedure (Article 104, p. 1, section 6 ZUP Law on Administrative Procedure) socially endangered, elderly, and ill and all displaced individuals accommodated in collective centers. 1.2 Right on Property and Adequate Accommodation Principle All internally displaced persons have the right to an adequate standard of living. 2. At the minimum, regardless of the circumstances, and without discrimination, competent authorities shall provide internally displaced persons with and ensure safe access to: a) Essential food and potable water; b) Basic shelter and housing; c) appropriate clothing, and d) Essential medical services and sanitation. 3 In the fall of 1999, the FRY government has sent a request that the UNHCR in Serbia and Montenegro extend the mandate in the country and on 223,353 internally displaced persons from Kosovo (including 206,044 in Serbia, by 15 March 2008). In 2002, the Commissariat for Refugees of Serbia, supported by UNHCR, launched a program of closing the collective centers. In January 2002 in the Republic of Serbia were 388 collective centers where people were housed. On May 1st 2011, in the territory of the Republic of Serbia there are 54 collective centers which accommodate persons. Of the total number of collective centers in Serbia 37 collective centers are outside of Kosovo and Metohija, with persons, while 17 collective centers are in the territory of Kosovo end Metohija, with 657 persons housed. According to UNHCR, in the territory of Kraljevo, Trstenik and Vrnjačka Banja there are 25,227 displaced persons and refugees, as follows: 24,073 displaced persons and 1,154 refugees. Of the total number of displaced persons 19,458 are in Kraljevo, 971 in Trstenik, and 3,644 persons in Vrnjacka Banja and 1,154 refugees. A certain number of displaced persons is settled in 11 collective centers in Kraljevo area (around 397 refugees and displaced persons), which represents the largest number of collective centers in Serbia. Life in some collective centers is extremely difficult and unbearable, especially in the "unregistered" collective centers. There are six "unregistered" collective centers in Kraljevo ("House of Culture" in Vitanovac, "House of Culture" in Vrba, "Vocar" in Adrani, "Old School" in Roćevići, Norway House Beranovac (until 01 October was an official CC) and Samački Hotel in Kraljevo (until 01 September was an official CC). The remaining centers do not meet the above mentioned minimum requirements for accommodation and are not registered with the Republic Commissariat for Refugees as collective centers. Users of "unregistered" collective centers have been denied the right to adequate housing, as well as satisfaction of basic needs required for life, such as drinking 3 UN Guiding Principles of Internal Displacement

7 water (Collective Center Vitanovac has no water, because local people do not allow them to using water from villages plumber.). 3) UN Guiding Principles of Internal Displacement Collective centers Problem of registered and unregistered collective centers has been dramatically intensified after displacement from Kosovo in Existing collective centers have already been populated with refugees from Bosnia and Croatia, and local government in cooperation with the Republic Commissariat for refugees, has placed them against their will to abandoned village cultural houses, which became in 2001/2002 so called unregistered collective centers. Unregistered collective centers have no basic accommodation and hygiene conditions for health care, especially for children and elderly persons. Heating system is not safe and adequate. In Vitanovac centre with 21 boxes, 700m 2 total size, there are only 3 solid fuel stoves, heating the entire building. Power grid does not support additional individual heating. Authorities have not taken any measures to provide supply of fresh water and basic means for hygiene and cleaning in Vitanovac. On contrary, water supply, provided by French NGO Doctors without Borders in April 2001, has been prevented by the local self-government and local population, aiming to make IDPs leave Vitanovac. In centres where refugees from Croatia are settled, heating system was not working properly and in any case, residents have no means to pay the heating fees. Sanitary objects are quite rudimentary as well. In Centre Old Airport where Roma IDPs are accommodated, there is no mutual bathroom with showers for more than a year, camp space and surrounding area is hygienically neglected with piled garbage and waste. Since the garbage is not being taken away to town s dump (only 50 m from the centre), there is justified worry that outbreak of infective diseases might happen among residents of this centre, as well as in Elementary School attended by children from this centre. On September 10 th 2010 representatives of the Commissariat for Refugees of the Republic of Serbia, Commissioner for Raska District and two representatives of the local Commissariat for Refugees, as well as president of the local community Beranovac / Kovanluk visited collective Centre "Norwegian House" in Beranovac. On September 11 th 2010 Lawyer of Lingua visited collective center "Norwegian House" in Beranovac and residents of the center said that the representatives of the Commissariat for Refugees informed them that the collective center "Norwegian House" in Beranovac, must be closed by the October 1 st 2010, and that they must move out in a collective center hotel Zica in Mataruska Banja within 8 days in order to spend a winter there and after that should be housed in social housing in Uzice. On 16 September two refugee families moved out from the collective center "Norwegian House", to a collective center Villa Triglav in Mataruska Banja. On September 4 th 2010, Masic family, displaced persons, who were accommodated in a collective center "House of Culture" in Vitanovac, from September 1999, moved out in the collective center Norwegian House in Beranovac, by breaking the door and moved in two rooms that have been empty since August The local Commissioner for

8 Refugees visited Masic family on 9 September 2010, and the next day the president of the local community Beranovac / Kovanluk, who threatened the family that they will be forced by the police to leave the centre Norwegian House. Wife, N. M. refused to move out from the center until an adequate solution is found. Lawyer of Lingva gave legal advice to Masic family, accommodated in the collective center, "Norwegian House" in Beranovac that no one can force them to leave the center, and to stay in the centre until an appropriate solution they agree on is found On September 29 th 2010, director of "LINGVA" sent a letter to Commissariat for Refugees of Serbia regarding consent to move N.D. (IDP, 75 years old) from an informal collective center "House of Culture" - Vitanovac in CC Kablar "- Kraljevo. Lingua Letter: Regional Centre of Civic Action LINGVA Olge Jovicic 24, Kraljevo tel/fax: 036/ ; 036/ ; forumnvo@ptt.rs Web: Commissariat for Refugees of the Republic of Serbia

9 - For Dragana Trninić, coordinator for the Raska District Narodnih heroja 4, Novi Beograd Kraljevo, Subject: The request for transfer of N. D. from informal collective center "Culture House" - Vitanovac to Samacki hotel Kablar - Kraljevo. Dear Mrs. Trninić, We adress you regarding N. D., born in 1943, with the status of internally displaced person, who has been accommodated in the informal collective center House of Culture in Vitanovac since November Living conditions in the collective center are extremely poor; there is no running water with no toilets or heating. Nerandza Dabizljević lives in completely inadequate living conditions, in a room of about 6 square meters. Nerandza Dabizljevic is a mother of four children. The elder son, P. (1968.) lives in Czech Republic with his family, has no permanent job, and supports a five-member family with three small children. Her younger son, G. (1972.) lives in Smederevo; he is a single parent of three small children. Her older daughter, V. R. (1974.) lives in Ratari, Smederevska Palanka municipality. Her youngest daughter, G. Dž. (1975.) lives in Glavica, Municipality of Paracin, in a four-member family with two small children. In December 2004, a hard family tragedy befell N. D. The mother in law of her older daughter V., due to mental illness set fire to the family house, in which four grandchildren (11 years, 9 years, 5 years, and 3 years) of N. D. were killed. Her daughter Vidosava got some serious injuries while trying to rescue her children, the second and third grade burns. Because of the severity of injuries caused by, Vidosava is now a person with disability problems. Her husband, M. D., died on August 20, 2010, after a long illness. Since her husband s death, N. D. has been living alone. Her late husband had a pension at the amount of RSD. Nerandza Dabizljevic is expecting a decision on the use of family pension she is entitled to. Since her husband s death, living costs have increased. She is in debts because she had to borrow money to pay medical expenses and funeral expenses in August. N. D. suffers from a difficult heart disease, with frequent episodes of impaired blood pressure. After her husband's death, doctors detected an altered mental state with signs of depression. N. has lost body weight due to depression. Those symptoms are also accompanied by a striking sleep rhythm disorder, including problems to fall asleep. Tolerance level has been decreased, and the feeling of emptiness and meaninglessness has been increased, and a sense of fear has been enhanced. Due to reasons mentioned above, as well as her present fear, the consequences of everything that se has experienced since June 1999 to date, she cannot, and does not want to live any more in collective center, "House of Culture-Vitanovac", and as she says, "I would rather die, than spend the winter alone in Vitanovac. I expect that the Commissariat for Refugees of Serbia will take adequate measures in terms of giving consent to N. D. to move out from the informal collective center "House of Culture" - Vitanovac into Samacki hotel Kablar "- Kraljevo, which would improve housing conditions, and consequently, her health would improve.

10 In anticipation of your response, Sincerely, Radovan Milicevic Commissariat for Refugees sent a response on October 21 st Director of "LINGVA" was informed that the CC "Kablar" in Kraljevo was closed and that due to her poor health condition, the Commissariat for Refugees of Serbia can offer accommodation in gerontology center. Local Commissioner for Refugees said that there are no more accommodation facilities in the Gerontology Cen.ter. After that the Lingva team made an agreement with the N.D. (IDP), and the beneficiary N.D. moved from the CC Vitanovac in the collective center Zica, in mid November Republic of Serbia - Commissariat for Refugees Narodnih heroja 4, Beograd No /7 October 20, 2010 REGIONAL CENTRE OF CIVIC ACTION LINGVA Mr. Radovan Milicevic, Director Olge Jovicic Kraljevo Dear Mr. Milicevic, I am writing in response to your letter no dated 30 September 2010, you sent to the Commissariat for Refugees of the Republic of Serbia, seeking consent for internally displaced person N. D. to move out from the informal collective center "House of Culture" - Vitanovac into Samacki hotel Kablar-Kraljevo "- Kraljevo, I would like to inform you: Since the center has been officially closed by the Commissariat for Refugees, we are unable to authorize a transfer of Mrs. N.D. in the center. Recognizing the difficult living situation of Mrs. D., especially her health condition, the Commissariat for Refugees proposes accommodation in gerontology center. If it is determined that Mrs. D. and her family are unable to bear the costs of staying in the public nursing home, the Republic of Serbia would pay the entire cost of accommodation. Regarding her seriously deteriorated health condition in our opinion, such type of accommodation is the most appropriate solution to the problem.

11 Yours sincerely, Ivan Gerginov, Assistant to the Commissioner Commissioner for Refugees has informed the Lingua lawyer that Gerontology Center has not the capacity to receive N.D. after which the Lingua activists helped N.D. to move from the CC "Culture-Vitanovac" to CC "Žiča" in Mataruska Spa Right to work The number of unemployed persons, according to the National Employment Service, in Serbia is over 900,000 persons. The structure of unemployment in Serbia is very bad, when we know that unemployment among young people is 48%, that 300,000 unemployed people has no qualifications and that there are many so-called "transition losers" who are or more years and don t have the employment. General unemployment has increased competition for jobs and wages down value. Conditions of existence of the poorest have worsened, for both refugees and internally displaced persons, and the local population. To this effect a high rate of unemployment and non-

12 transparent privatization of state enterprises. Existing unemployment problem does not compensate for any economic benefits that privatization should be enacted. In the future it is expected that due to the global economic crisis that will affect and Serbia, as well as the restructuring or privatization of large companies more employees lose jobs. In Kraljevo, with the National Employment Service, 14,356 persons were registered in October 2010, but the number of unemployed is much higher, according to estimates of about 22,000, not including refugees and IDPs. Internally displaced persons often earn only working "illegally" to the constructions or rural estates. Any other employment is hard to get. However, the wages to be paid to displaced persons and local workers have been unequal to the detriment of the displaced. Unemployed persons with no qualifications and those older than 50 years are particularly difficult to employ. The collective centers in the structure of working-age just this category often dominates or at least significantly represented. Employed refugees and displaced persons, with their employers, are often faced with economic and social disregard for labor rights, such as working without a contract of employment, employers pay wages late or not pay regularly, overtime, abuse in the workplace and other rights. In practice, the procedure for protection of employees' rights, refugees and displaced persons is ineffective. Employees are reluctant to seek the protection of their rights, through the employer or the Labor Inspectorate, fearing that because of conflict with the employer does not get fired. If you decide to protect their rights, most often, in the end have to ask the court, but to no avail, because the procedure itself bound to pay for legal services, and the material they are able to endure. On its own initiative, when an employee suspects that contributions are not paid, can be reliably determined data on interruptions in the years of insurance through the Pension Fund of the Republic of employees. Obligation to register an employee of insurance is provided by the Labor Law (Article 35), so that the employer is obligated to the employee during the establishment of employment, required to submit a copy of the application of social security. In this regard, the Law on Pension of employees, the prescribed duties of supervision (Article 211 and Article 216) of the Pension Fund, whether employer, employee paid or not paid contributions. In practice, it turned out that this lack of regulated liabilities, as obligations not provided for the Pension Fund, the insured - the employee to inform him of the time if the employer pays regular contributions or not. Example: For V.I. (51) from Muhadzer Talinovci, Urosevac municipality, on April 27, LINGVA lawyer wrote a request for fulfillment of the decision on the transfer of an employee to post Senior Officer in Local office Muhadzer Talinovac addressed to the Ministry for Kosovo and Metohija, Sladjana Radojevic, Assistant Minister Department for Administration and Coordination of Local Self-Government Services. In August 2010 Ministry for Kosovo and Metohija, positively resolve the request that the V.I. submitted to the Ministry in April 2010, regarding fulfillment of the decision on the assignment to post Senior Officer in Local office Muhadzer Talinovac.Thus, after the intervention of the Ministry for Kosovo and Metohija V.I. has been assignment to post, Senior Officer in Local office Muhadzer Talinovac.

13 Principle 2 1. These Principles shall be observed by all authorities, groups and persons irrespective of their legal status and applied without any adverse distinction. The observance of these Principles shall not affect the legal status of any authorities, groups or persons involved... 4 In the city of Kraljevo there is an open case of setting up obstacles to displaced persons wishing to register with the National Employment Service (NES). IDP, namely, then face the problem of obtaining work papers, because the municipal services - which publishes the work book seeks to bring the employer of the future (non-binding) confirm that they will receive employment, and a working pass for this purpose required. The real situation is that most of the displaced people need work to pass the file as an unemployed person in the NES or requested MOP at the Center for Social Work, you are forced to seek confirmation of a fictitious order to the right and true. All this is well known, the said municipal services and the RS Ministry of Labor, which makes the whole process pointless and legally questionable. Applying the provisions of the Rulebook on issuing record employment, internally displaced persons are discriminated against in relation to the local population, so they denied the right to be recorded as unemployed at NES and on the basis of unemployment realize social rights they are entitled to (the right to MOP, child allowance et al. social rights), and the right to work and employment on equal terms by NZS. In order to change this practice, R.C.G.A. LINGVA is referred several proposals to the Ministry for Labor and Social Policy to amend the controversial Article 5, of the of the Rulebook on issuing record employment. Example: A.Z. (21), a displaced person from Klina, accommodated in the informal collective center House of Culture in the village Vitanovac, after finishing high school, has filed a claim with the Kraljevo City Administration for issuing working booklet, in order to register with NZS - Branch Office in Kraljevo be eligible for unemployment benefits and the right to health booklet. Since A.Z. is a displaced from Kosovo and has no registered permanent residence in Kraljevo, but only temporary, the health booklet is not valid, until A.Z. meets an additional requirement. It was subsequently required to enclose fictitious employer s decision that has concluded Labor Contract, which was impossible to get. C.B. (21), a displaced person of Roma nationality from Pristina, resides in collective center Old Airport in Kraljevo, married. He addressed the Centre for Social Welfare, to in order to exercise the right to MOP. One of the conditions was to register as unemployed with the NZS - Branch Office in Kraljevo, for which he already had to get a working booklet. He filed a claim with the City Administration for the issuance of working booklet. As a displaced person from Kosovo, who has no registered permanent residence in Kraljevo, but only temporary residence. Therefore, his working booklet, until meets an additional condition to bring a fictitious employer s 4) UN Guiding Principles of Internal Displacement

14 decision that has concluded Labor Contract. In both cases IDPs are exposed to discrimination and harassment while meeting the additional requirements with the City Administration in Kraljevo. In accordance with the conclusion of the Government of the Republic of Serbia in 2003, displaced persons / employees of public and social Enterprise, who lost their jobs due to war events 1999, and are registered as unemployed with NZS, has achieved the right to compensation based on unemployment in the month of 80 EUR. Determined amount is far below the amount specified for compensation in case of unemployment by the Law on employment and unemployment insurance and is not sufficient for existence and survival of the unemployed and their families. A number of the unemployed / displaced persons have left without the minimum benefit, because they haven t timely filed a claim for the exercise of this right due to justified reasons. In addition, there are persons who have meanwhile have reached retirement age and and gained one of the requirements for retirement, and did not realize years of insurance required RF PIOZ. In this way the old people / displaced persons, remained in a state of awaiting more than a year to determine their eligibility for retirement. During this time, those persons are without any income, and some of them and have no prospects and opportunities to exercise their right to retirement. Rights of IDPs in Privatization Process Privatization of companies in Kosovo Following the declaration of independence of Kosovo, the Kosovo Assembly is , adopted the Law on the Kosovo Agency for Privatization. By passing this law supersedes any provision that is inconsistent with it. On the basis of this law a special Kosovo Privatization Agency (KTA) has been established, to deal with issues of privatization of socially owned and public enterprises in Kosovo. UNMIK Regulation 2002/12 with amendments has been put out of force. Also, the Kosovo Trust Agency, KTA was established as an independent public body which shall perform its functions and responsibilities independently. Displaced persons / workers of privatized enterprises are not able to react and protect their economic and social rights from employment in socially owned companies in Kosovo and Metohija, where they worked. Their status and difficult economic situation does not allow them to use the web site of KAP and pay bar service, without which can not properly exercise their rights. To protect the rights of displaced persons on the part of the revenue of privatized enterprises in Kosovo and Metohija, the Ministry for Kosovo and Metohija Republic of Serbia does not take measures in this direction, and international organizations and NGOs in Kosovo and in Serbia, still do not show interest in this problem. The outcome is that the displaced persons are left to themselves or to seek assistance from a lawyer, whose services they can t afford to pay. In the period from May 2009 till July 2011, PAK (Privatization Agency of Kosovo) announced the provisional and final lists of employees for 216 public companies. Civic Action LINGUA has recognized the problem of inability to exercise rights of displaced persons to 20% of the revenue generated by privatization of socially owned enterprises in

15 Kosovo. So the privatization process is carried out and IDPs are unable to properly take part in that process. Objectively, IDPs are not able to formulate and submit claims during privatization, as well as to initiate the appeal process with the competent authority to exercise the right of privatization. For the above mentioned period LINGVA has followed the publication of lists of employees of privatized companies and informed workers/idps about the possibilities to timely file a proper complaint and provide the necessary information, forms, legal advice and legal assistance Social rights In Serbia, displaced persons have access to social rights and services under the same conditions as all citizens. Despite some improvements, IDPs face serious problems in obtaining a number of documents in order to realize these rights. A large number of displaced persons without means of living live in poverty and are dependent on social welfare and assistance to the state. Of displaced persons, Roma are the worst affected. Adoption of the National Strategy for Integration of Roma 2004, as well as national action plans for Roma, are positive developments. Now, these programs should be supported by concrete actions in favor of the Roma IDPs, especially their registration and better housing conditions. Having assessed that the policy of open advocacy for the integration of displaced is too politically sensitive issue, insisting on access to rights and respect for the dignified way of life is for international and nongovernmental organizations in a way that contact with the Serbian authorities to initiate measures to promote the realization of the right people in places of displacement. "Integration and the return are not mutually exclusive, but complementary, and there is an urgent need to find durable solutions for the most among the displaced persons. Other experiences have shown the following: that the displaced people integrate more quickly into productive lives, to have more opportunities for free choice, which includes the possibility of returning, even if its realization can mean dealing with new challenges. Right from the scope of pension and disability insurance Internally displaced persons from Kosovo receive pensions based on employment record which contains information on work experience and paid contributions for pension. If they do not have employment records, then receive a provisional pension of the Fund for pension and disability insurance, which is significantly lower than what would actually should receive. Many employment records remained in Kosovo, the Serbian authorities and UNMIK does not recognize each other's M-4 forms (forms that are used for making decisions on pensions). All users of pensions among internally displaced persons, should have claimed for the payment of pensions to a temporary address in the Republic of Serbia outside Kosovo, immediately after the signing of the Kumanovo Agreement, 9 June The request should have been submitted to the Fund the pension and disability insurance - Pristina Services Directorate. For all users of pension who have not filed this

16 request, the Republic Pension Fund, in the process that is run according to official duties, which they made the decision to temporarily suspend payment of pension. In connection with these problems, this category of user is subject to renewal and required documentation in order to continue the payment of pensions. Namely, the Directorate of the fund, based in Pristina, Belgrade asks users to submit certain documents such as photocopies of ID, the application of residence in the Republic of Serbia, a decision on retirement, the last check, displaced certification. There are cases that beneficiaries haven t obtained identification displaced for different reasons: some because of lack of awareness, some did not want to accept that they are internally displaced, some have moved beyond the borders of Serbia, or missed deadlines because of illness, and so on. It should be noted that the suspension of pension payments in the case comes to pension beneficiaries in Kosovo do not submit all the above documents. The realization of the Pension and Disability Insurance of employees, as well as from Pension and Disability Insurance independent activities, and pension and disability insurance of farmers are not realized under the same conditions for all citizens of the Republic of Serbia. The reasons are in non updated records of contributions paid on earned income workers from Kosovo, or unpaid contributions for employee pension for a longer period of time. These are the reasons why the displaced persons regardless of their fault can not exercise the right to receive pension or unjustifiably reduced pension. As for the exercise of rights by the republic of PIO farmers and PIO independent activities in Kosovo, the insured have not made any rights under this insurance. Remains an open question when it will be, and how, to establish the right of retirement these categories of the insured. The procedure for solving the request for the right to retire last year and for several days, even after two years, resulting in health insurance in a very difficult social situation. During that time subsequently required data on contributions to pension in the form M-4 from the Fund of the Kosovo Pension Service and provide a verbal explanation of the data is not justified and that no micro-film reading data. There are numerous examples that have been denied the right to determine the final amount of pension according to the achieved work experience of the insured and paid pension contributions for employees. They bring a temporary solution for the decision on jurisdiction and provisional way of achieving the Republic Pension Fund and the insured persons from Kosovo, 04 / 4 no / 3 of And that these solutions are not determined until you and who is required to verify and provide information on the payment of pension contributions for the disputed period for which data are missing. Example: N.G. (56), a refugee from the Republic of Croatia filed a request for eligibility for disability pension on 23 February 2010, through the Pension and Disability Insurance (PIO) Fund Branch Office Kraljevo. Decision of the Republic Pension and Disability Insurance (PIO) Fund - branch office Kraljevo under No /10 of October 11, 2010 the right to disability pension wasn t recognized, because the treatment wasn t finished. Dissatisfied with the decision of the first instance of the Republic Fund-PIO branch Kraljevo, on , N.G. lodged a complaint to the temporary decision No /10 of October 11, More then three months have been passed since the compliant to the body of second instance of the Republic Fund-PIO, on 14 February 2011, N.G. filled a demand a complaint upon the request for eligibility for

17 disability pension Republic Pension and Disability Insurance (PIO) Fund Directorate in Belgrade. Upon the submission of demand and the complaint, the body of second instance of the Republic Pension Fund Directorate-Belgrade issues a decision No of March 28, 2011 which agreed with the decision of the first instance body RF PIOZ in Kraljevo. According to expert evaluation of the second instance body in Belgrade the treatment hasn t been finished yet. On 6 May, 2011 N.G. lodged a complaint to initiate administrative procedure against the body of second instance of the Republic Pension and Disability Insurance (PIO) Fund Directorate in Belgrade. The reply of the Administrative Court in Belgrade to the filed complaint for initiation of administrative proceedings is expecting. Linking years of service By applying Law on Contribution Payment to PIO and separate categories of beneficiaries employed ( Official Gazette No. 85/05), all the IDPs are not being covered, since they have not been informed about application of this Law in timely manner. Right for contribution payment for PIO all employed person who do not have linked pension stage for extended period of time, are unable to exercise, since they are unable to provide evidences on employment and work booklet due to well known reasons. Applications for linking years of service are partially accepted or fully rejected because full insurance period was not determined because present Kosovo administration of companies have illegally closed work booklets in 1999, and caused further discrimination in fulfilling the rights from work relationship. With work booklets closed like that, IDPs are disqualified in the process of exercising rights for Linking years of service and other rights from work relationship. Additionally, applications are being rejected as incomplete due do lack of evidence, which IDPs cannot produce. In decision making process, first instance body did not provide applicants possibility to declare on facts and circumstances prior decision, which are important for decision making and if possible present new evidences and protect his/her legal interests. Applications have not been processed in legal period of time, and decision was waited for more than a year. Procedure this long brings into difficult position IDPs who met all the legal conditions for retirement. Due to omissions and breach of Law on general administrative procedure, on IDPs' harm, many administrative appeals have been submitted against Decision from Direction RF PIOZ according to the Law on Administrative Dispute. Initiated administrative procedures are resolved in favour of employed beneficiaries and accused Body was instructed to conduct a special investigation of this issue at the IDPs from Kosovo. In connection with the application of Law on contribution payment for PIO for certain categories of beneficiaries employees ( Official Gazette RS issue 85/05) certain disputable issues have been spotted connected to linking of years of service when it comes to IDPs from Kosovo. 1) most of the beneficiaries are not sufficiently informed in the procedure to exercise this right; 2) IDPs from Kosovo have no linked pension stage for extended period of time (prior to 1991.); 3) IDPs are often not being able to provide evidences on employment and work booklet and to check if their employer had fulfilled

18 his/her obligation on contribution payment for PIO for certain categories of beneficiaries employees. Example: S. P. (48) is a displaced person, lives with six-member family (wife and four school children) in a collective center for displaced persons, in extremely difficult conditions (without drinking water supply), without sufficient means of livelihood to meet their basic necessities. He filed a request for linking years of service with RF PIOZ, Branch Office in Cacak within the period of time defined under the law. S.P. provided a proof of concluded Labor Contract and that he has been registered for pension fund (PIO Fund) since the day he commenced work. He worked continuously until June 1999, when he was forced to leave his job and home and resettling with his family in Kraljevo. Apart from one decision and health booklet he failed to take any of the evidence that he was employed. PIO Branch Cacak passed the decision, number: /07 of January 12, 2007 by which denied the request to determine the right to required contributions to the pension fund for a period January 1 st 1991-Decemer 31 st 2003, because the legal requirements haven t been met. Dissatisfied with the decision he lodged a complaint to the second instance authority. Republic Pension Fund Directorate in Belgrade passed a decision.02 / 1 No: M-2535 of December 9, 2008, by which accepted the complaint and returned the case back to the first instance authority for retrial. Given that S.P. received the decision on February 5, 2009, in the meanwhile, on the same matter, before it an administrative procedure for the silence of administration has been initiated. On 13 March 2011, the Administrative Court in Belgrade passed a decision ordering the petitioner S.P. to present within 15 from the day on which the firstinstance decision is served whether he was satisfied with the subsequent decision of the respondent authority 02 / 1 number M-2535 of August 9, 2008, or remain in the lawsuit and to what extent, or whether a lawsuit is expanded to a new act. S.P. responded within the period of time defined under the law to the Administrative Court in Belgrade that remains in the lawsuit, given the fact that the first instance authority of the Pension and Disability Insurance (PIO) Fund Branch Cacak, even after two years of the decision passed by the second instance authority of the Republic Pension Fund Directorate in Belgrade has not acted upon the complaint. The Administrative Court in Belgrade on 17 March 2011 passed a decision to reject the claim. In assessing the legality of the opposed decision, the Administrative Court found that there hasn t been violation of the law of to the detriment of the complainant. Therefore the complainant will have an opportunity at the retrial under the first instance body to emphasize all the facts stated in the complaint. Procedure upon the request at the first instance body still lasts. Thus, S.P. without fault of his own is put in a situation to continue to wait regulation of his status as well as exercising of his rights.

19 The right to social welfare Without adequate employment, the numbers of displaced families barely survive. The vulnerable groups include single parents, families of missing persons, people living in collective centers, Roma, persons with developmental difficulties and children. They are particularly affected by the abolition of food aid and basic living items. All residents of Serbia are entitled to social assistance under the Law on Social Protection. Difficult economic situation in Serbia and further limit regarding assistance that the Government can provide to all affected residents. Internally displaced persons have the right to social and humanitarian aid, however, to realize this right, they must have the required identification documents. One of the necessary documents is certainly a business book, with which can only be recorded as unemployed, and potential users of MOP (MOP). In connection with the problem and the difficulties encountered in obtaining a work book has already been set forth in the forward part of the realization of the right to work. The inability to obtain employment record is directly related to the implementation of the MOP, which is why so affected vulnerable people and their families, especially Roma. In the end, when somehow manage to cope with additional requirements for obtaining a employment booklet and an application to register the unemployed, to be eligible to MOP, need to spend in that status for at least 3 months to acquire one of the requirements to apply for the MOP. According to the Law on Social Protection, the right to MOP has family that has no income, or income is less than the minimum of social security, which

20 establishes the Ministry of Labor and Social Policy. Request for MOP is submitted on the prescribed form which supplies the authorized Center for social work. Necessary documents for the MOP: 1. ID card and its photocopy 2. Excerpt from the Public Birth Record for juvenile family members 3. Certificate on material status 4. Certificate from the Institution for labor Market for unemployed family members 5. Certificate on amount of income for all the family members, except child support, child care, welfare and care of other person, and income according to the student's standard. 6. In cases of divorced marriage a copy of Decision 7. In cases of illegitimate children a copy of Decision on child support if there is one 8. In cases of job cancellation a copy of Decision Documents that are needed to help people applied for within the MOP (MOP) clearly illustrate the obstacles faced by displaced persons in the proceedings. In addition, the centers for social work do not show sufficient willingness to provide legal assistance to ex officio, vulnerable persons, in providing identification documents, and it is quite certain that they are potential beneficiaries. This is particularly true of persons who are ill, under-educated, no income and the state of vulnerability are difficult to manage the process in other organs On December 15th a letter was sent to the Centre for Social Welfare, by a medicalpsychological LINGVA team. The letter pointed out the difficult financial situation the two-member family: V.P. born 1942 and M.P., born in 1946, with the status of refugees from Croatia. Family Pupovac is accommodated in the refugee center, "Vila Triglav in Mataruska Banja. A letter was sent with the aim of providing one-time financial assistance to meet basic needs of the family. Lingua Letter: Regional Center of Civic Action»LINGVA«Kraljevo Olge Jovičić 24, Kraljevo Tel/fax:036/ ; 036/ ; forumnvo@ptt.rs Web: Centre for Social Welfare Moša Pijade 28/A Kraljevo Kraljevo, December 15, 2010.

21 Dear Sir/Madam, We are writing in reference to a refugee family P. from Croatia that consists of two members, V., born 1942 and M., born P. family is accommodated in collective centre Vila Triglav in Mataruska Banja. Their health status is poor. V. is heart disease patient, M. also, so they need daily medications. Due to lack of funds, the family lacks in basic necessities of life. Considering the difficult situation of the family, we do hope that you will provide the short- term financial assistance to this family in accordance with your capabilities. Sincerely, Radovan Milićević, Director R.C.G.A. LINGVA Kraljevo Centre for Social Welfare approved short- term financial assistance to this family

22 Readmission Agreement between the Republic of Serbia and the European Community on readmission of persons illegally residing in EU countries was signed on 18 September Republic of Serbia in this Agreement shall be obliged to accept all its citizens who have no legal basis for the further stay in the EU countries, as well as persons who have entered some EU countries through its territory. To fulfill obligations under the Agreement is one of the basic conditions for putting the Republic of Serbia on the so-called white Schengen list. With this agreement, EU countries have committed themselves to increase their efforts for effective and sustainable socio-economic reintegration of returnees, through greater financial assistance and other forms of support. By the same agreement, Serbia assumed an obligation to adopt the Strategy of reintegration of returnees by the Agreement on readmission as soon as possible. It is estimated that there is a possibility for the return of some 100,000 persons by the Agreement on readmission. Of these, 70% of returnees are Roma people and mostly belong to a group of forced returnees. Problem IDPs and Roma, returnees from readmission face, and whose return to the country is expected to significantly greater number, should be specially noted. According to some estimates, among these people most of them are Roma and internally displaced persons Returnees have so far been referred to cope alone, and centers for social work did not have the budget provided funds for returnees, and their needs are dealt with in a regular procedure, which is not enough and faced the great disappointment and new suffering of these persons. The fact is that the Government of the Republic of Serbia adopted the Strategy for Reintegration of Returnees under the Agreement on readmission and that the Council for the integration of returnees and the team for implementation has been established, but money is not provided in the budget for It is planned to open six transit centers for emergency reception of returnees, but it is still far from realization, since the strategy of closure of collective centers has been implemented in Serbia for several years. A major problem is the return from abroad, more and more persons originating from Kosovo. Those who can not return to Kosovo, or do not want to return to Kosovo, simply were just nobody s care. And those who come to the border crossing, or to the airport "Nikola Tesla", with large families, have no money even to pay for transport to Belgrade. On all these problems faced by returnees, according to an agreement on readmission, we promptly informed the competent state institutions. Principle 4 1. Certain internally displaced persons, such as children, especially unaccompanied minors, expectant mothers, mothers with young children, female heads of household, persons with disabilities and elderly persons, shall be entitled to protection and assistance required by their condition and to treatment which takes into account their special needs. 5 5 UN Guiding Principles of Internal Displacement

23 An increasing number of displaced persons living in poverty, as potential users of the right to MOP, the right to child allowance, the right to assistance and care of another person and other rights in the field of social protection. Lack of funds for livelihood, education, health care... makes life more difficult. Most of these persons are from rural areas, which did not work anywhere and have no income, living under very difficult conditions and receive minimal social welfare. Those who have worked in companies receiving a symbolic financial compensation on the basis of unemployment through the national employment agency (from 8400 RSD per month), which is not enough for a multi-member families with school children, families with elderly and sick people. Annuity for rented housing for those living in private is high, and what local people see as a source of income. Apartment rents are high, because local people see it as a source of income. In some cases acting at the request of IDPs, in administrative matters, the authorities have shown unpromptness, and slowness. Decision-making at the request of the insured at RF PIOZ for disability commission to assess the inability to work, physical damage and the right to assistance and care of another person, is slow, and lasts for a year. To obtain the data from the registers of births from Klina, due to restoration of civil registers, one has to wait several months, and the procedure is complicated and slow. Unpromptness in particular shows to the requirements that citizens submit by mail. In any case, state authorities in the law enforcement should show greater understanding for the demands and specific needs of IDPs and refugees and to act ex officio, wherever there is a legal possibility. Thus, the decision of the Kraljevo City on payment of fees does not provide incentives for displaced persons who live in collective centers and other persons who are in the process of obtaining personal documents, excerpts from MK and citizenship certificates, in order to realize right to social welfare.

24 The right to education Access to education in the Republic of Serbia is enabled and equality for all persons is guaranteed by law, including the internally displaced persons. The main and decisive factor in the realization of the right to education is the financial position of the displaced persons. Material costs for the education of children, food, clothing, etc., as well as the difficult social situation of families, directly causes the realization of the right to education, which particularly referrers to Roma IDPs accommodated in collective center "Old Airport" in Kraljevo. Right for health care: Principle All wounded and sick internally displaced persons as well as those with disabilities shall receive to the fullest extent practicable and with the least possible delay, the medical care and attention they require, without distinction on any grounds other than medical ones. When necessary, internally displaced persons shall have access to psychological and social services. 6 6 UN Guiding Principles of Internal Displacement

25 In exercising of health care for displaced persons problem is more expressed, because in this group health problems are more frequent and their economic situation is generally worse, and usually don t not have financial capabilities that, alternatively, seek medical services in the private sector. At the beginning of 2009, certificates of the right to health ceased to exist, and displaced persons are obliged to issue health card, in order to exercise the right to free health care. So, IDPs, regarding exercising the right to health care and health cards equal with other citizens. Contemporary organization of health services are electronically recorded by user's personal identification number of insured person. Thus, displaced persons who have a problem with the provision of identity documents, personal identification number, and IDP identity card, have no means to obtain a health card and to exercise the right to free health care, without legal assistance provided by ''LINGVA'' lawyer in terms of providing the necessary documentation to exercise the right to health care. Example: For M.R. refugee from Croatia, temporary residence in Kraljevo, a LINGUA lawyer s team wrote objection to the decision 15 number of the first instance medical committee of the Republic Institute for Health Insurance Branch Kraljevo of October 7, 2010, on declining the M.R. request for inpatient treatment in a Rehabilitation Center Agens in Mataruska Banja. The neurologist indicated physical therapy, inpatient for 3 weeks. In connection with the submitted objection, a second instance medical committee of the Republic Institute for Health Insurance Branch Kraljevo, has confirmed the decision of the first instance of medical committee and passed a decision that MR is not eligible for referral to a specialist check up- inpatient treatment in a Rehabilitation Center Agens in Mataruska Banja. On July LINGVA medical-psychological team, doctor and psychologist sent a letter to the Homecare and therapy service and the Health Center Studenica in order to obtain a medical certification of limited mobility, for MM from Croatia, born 1914, accommodated in the collective center "Hotel Zica", in Mataruska Banja. Certificate is required as proof of inability to independently or accompanied address the official institutions, in order to extend refugee identification and get her health (insurance) booklet renewed. By obtaining this certificate, the conditions for mobile team of the Ministry of Internal Affairs visit this person in the field (collective centre) would meet, which would enable filling out the request for renewal of refugee identity card, and then, the conditions to get her health (insurance) booklet renewed would meet.

26 Lingua Letter: Regional Centre of Civic Action LINGVA Olge Jovicic 24, Kraljevo tel/fax: 036/ ; 036/ ; Web: Health Centre,,Studenica Jug Bogdanova 66, Kraljevo Therapy and Homecare Service Head of Department, Dr. Rada Novaković, Kraljevo,

27 Dear Dr. Novaković, We are writing to you regarding Marta Matijevic from Croatia, born in 1914, with the refugee status. Marta Matijevic is accommodated in the collective center "Hotel Zica," in Mataruska Banja. During the regular field visits to collective centers medical - psychological team, observed that Marta s health condition deteriorated. Marta Matijevic is a person at an advanced age, and her general health is poor. She needs to be examined by the medical team of the Health Center Studenica, in order to obtain the certificate of limited mobility. Certificate is required as proof that she is not able to address official institutions independently or accompanied, in order to extend the refugee identity card and health insurance card. By obtaining this certificate, conditions that the mobile team of the Ministry of Internal Affairs come to a collective center would be met, which would enable completion of the Request for extension of refugee card. Thereafter, she would be able to extend health insurance card. We address your service in order to find way to visit this person in the field and issue the certificate of limited mobility. In recent days we made a telephone contact with staff of your service regarding this person. In this way we want to inform you about Marta Matijevic situation which seems to be pretty hard, hoping that you will find a way to provide adequate health care. Yours sincerely, Radovan Milićević, director On July 21 st 2010 based on the letter from the medical-psychological LINGVA team, the Homecare and therapy service of the Health Center Studenica visited beneficiary MM in collective centre Zica and issued a certificate of limited mobility. On the basis of the certificate her son MJ extended a refugee identity card at the Ministry of Internal Affairs and after that, renewed her health (insurance) booklet

28 Right to property One of the prerequisites to internally displaced persons (returnees...) freely enjoy and dispose of immovable property in Kosovo (houses, apartments, land holdings) is the updating of land registry and determining the actual ownership of the property. Probate proceedings for the division of property after the death of the decedent are generally not initiated by the competent courts, nor claimed by successors. There are cases that the real estate is registered in the cadastre to the persons who died 30 years ago and that in the meantime some of successors in the first line of succession died. In this case probate proceeding is initiated by proposal of successor to the competent court in Kosovo, and it is very hard to ensure all successors to appear in court. When taking into account the costs of the proceedings, travel, fear for safety, and financial situation of displaced persons, we come to the conclusion that it is still not possible to implement. Also, there is large inaccuracy in real estate transfer when it comes to the sale or exchange of property between owners, which had done in Kosovo, since transfer of ownership is not carried out, and therefore there is no data in the Cadastre about the real owners. Legal protection in terms of rights of possession, disposition and use of real estate in Kosovo is inefficient. In many cases, the property of displaced persons is arbitrary used by Albanians, and due to lack of communication by mutual non-recognition of legal authority, IDPs become victims of various fraud and forgery, unauthorized sale of property.

29 1.5. The right to equality before the law and non-discrimination The right to liberty of movement Principle Every internally displaced person has the right to liberty of movement and freedom to choose his or her residence. Principle Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country. Such authorities shall endeavor to facilitate the reintegration of returned or resettled internally displaced persons. Principle Internally displaced persons who have returned to their homes or places of habitual residence or who have resettled in another part of the country shall not be discriminated against as a result of their having been displaced. They shall have the right to participate fully and equally in public affairs at all levels and have equal access to public services. Displaced persons in Serbia are now guaranteed the right to freedom of movement and residence, which was not the case. Persons with temporary residence registration, under the Law on permanent and temporary residence of citizens, IDPs do not exercise the same rights as other citizens in the same procedure. This is particularly expressed in respect of the right to obtain employment card as a personal document, which has already been mentioned in the report. 7) UN Guiding Principles on Internal Displacement 2. Other activities 2.1. Cooperation with state institutions: On April 4 th 2011 the Commissioner of the Commissariat for Refugees of the Republic of Serbia sent a request to the Director LINGUA to delegate representative to the Commission for selection of beneficiaries and distribution of humanitarian food packages that will provide the High Commissioner for Refugees of the Republic of Serbia, for the most vulnerable refugee families and internally displaced persons living in the town of Kraljevo. On April , Director of LINGUA sent a letter to the Commissioner of the Commissariat for Refugees of the Republic of Serbia, in which he appointed LINGUA lawyer as a member of the Commission for the selection of beneficiaries and distribution of humanitarian food packages to vulnerable families of refugees and displaced persons living on the territory of Kraljevo.

30 During April 11, 18 and 27, three meetings of the Commission for selection of beneficiaries and distribution of humanitarian food packages to vulnerable families of refugees and displaced persons living on the territory of Kraljevo were held. The Commission consists of: the Deputy Mayor for social issues, the Commissioner of the Commissariat for Refugees, representative of the Centre for Social Welfare, Red Cross representative, representative of Civic Action LINGUA and UNHCR representative, in order to define the list of the most vulnerable refugee families and displaced persons in private housing, persons living in informal collective centers ( Voćar - Adrani, Stara skola -Roćević, House of Culture -Vitanovac and Vrba), as well as beneficiaries who are still in the closed collective centers (the singles hotel Kablar -Kraljevo and Norwegian House -Beranovac). The Commission decided to include a few socially vulnerable families from the local population, accommodated in single hotel Kablar and Norwegian House in the list of users for the distribution of humanitarian food packages to vulnerable families of refugees and displaced persons living on the territory of Kraljevo Prerogative in public transport: Advocacy: On 16 July 2010 the director of Lingua sent a letter to the new city government regarding exercising the right to a free tickets in the city bus traffic for refugees and displaced persons with temporary residence in the territory of the town of Kraljevo, and also enclosed a letter of support of the Commissioner for Refugees of the Republic of Serbia, from June 2010.

31 Lingua letter: а) Regional Centre of Civic Action LINGVA Olge Jovicic 24, Kraljevo tel/fax: 036/ ; 036/ ; Web: The city of Kraljevo Square Jovan Saric No Kraljevo - For Ljubisa Simovic, Mayor - For Slobodan Stanisic, Trustee of the Commissariat for Refugees of the Republic of Serbia Dear, Kraljevo, 16, July 2010 This is the fifth letter from July 2009-March 2010 that I send to you and to which I have not received a response. Assembly of the City of Kraljevo, at its fifteenth session held on 20 June 2009, made, among other decisions, the Decision on benefit for free tickets in the city bus traffic in the Town of Kraljevo. Certain groups of our citizens will be able to exercise this right. The same decision also determines precisely which groups of people will be able to use the free bus fare. Over 22, 000 people, actually refugees and banished ones together with those who were internally displaced have found their resort in our town. Great number of the above mentioned people managed to obtain Serbian Citizenship as well as their permanent residence in Kraljevo thus making it possible for them to have the right to use the free bus fare, provided that they belong to the precisely determined group of people sharing the same right. However, certain numbers of the displaced people have their permanent residence within the territory administrated by Kraljevo Authorities, but in their IDs, there are still the addresses where they were displaced from against their will. The reason why I have decided to address to you is this particular marginalized group of people that, because of their addresses that haven t been changed in their IDs yet, cannot exercise the right of having free bus fare within the territory of Kraljevo, and all of this with regard to all the positive legal regulations in force in The Republic of Serbia as well as with the utmost legal act, the Constitution, which claims that they should have the self same rights as any other citizen living in the Republic of Serbia.

32 The decision of the City Council from May 2009, verified at the Assembly on June 20, 2009, exempted refugees and displaced people most of which are in a very difficult financial situation, and therefore, according to the Constitution of the Republic of Serbia, Article 21 Paragraph 3 and the Anti-Discrimination Law, Article 6 led to direct discrimination against these groups, most of which are without any financial support. The exemption mostly affects IDPs accommodated in collective centers. I believe you are familiar with the fact that over 60% of the displaced settled in collective centers are above 65, without any financial support. Being unable to go any further than their residential area, they are a sort of ghettoized I do hope that you will use your power within your mandate to make it possible for these people to be included in the list of those determined by the decision. Their temporary residence is in Kraljevo, but the addresses in their IDs are still from Kosovo and Metohija. Most of them would go back to Kosovo provided that the safety conditions get better. That s the main reason why they haven t checked out from Kosovo yet. It is important to stress that the displaced persons above 65 years, at the initiative of LINGUA, used the free bus fair during the period from September 2008 until May 2009, when the City Council denied this right, without any legal grounds. The Ministry of Human and Minority Rights, Republic Commissariat for Refugees, as well as numerous international human rights organizations that deal with the protection of human rights have been informed about the discrimination by the city government from June to date ( ) On June 7, 2010, I received a response from Republic Commissioner for Refugees, Mr. Cucić, informing me that the Commissariat supports our claim to enable the benefit of free public transport and for internally displaced persons. Also, on June 10, 2010 the State Secretary at the Ministry of Human and Minority Rights, Marko Karadzic, informed me in a telephone conversation that he supports and will personally sign our request. Please find attached the letter of the Commissioner for Refugees of Serbia Vladimir Cucic from June 7, Look forward to your recent reply, Sincerely, Radovan Milicevic

33 б) Regional Centre of Civic Action LINGVA Olge Jovicic 24, Kraljevo tel/fax: 036/ ; 036/ ; Web: The city of Kraljevo Square Jovan Saric No Kraljevo - For Milomir Sljivic, President of the City Assembly Dear Mr. Sljivic, Kraljevo, This is the third letter from July 2009-March 2010 that I send to you and to which I have not received a response. Assembly of the City of Kraljevo, which you chaired, at its fifteenth session held on 20 June 2009, made, among other decisions, the Decision on benefit for free tickets in the city bus traffic in the Town of Kraljevo. Certain groups of our citizens will be able to exercise this right. The same decision also determines precisely which groups of people will be able to use the free bus fare. Over 22, 000 people, actually refugees and banished ones together with those who were internally displaced have found their resort in our town. Great number of the above mentioned people managed to obtain Serbian Citizenship as well as their permanent residence in Kraljevo thus making it possible for them to have the right to use the free bus fare, provided that they belong to the precisely determined group of people sharing the same right. However, certain numbers of the displaced people have their permanent residence within the territory administrated by Kraljevo Authorities, but in their IDs, there are still the addresses where they were displaced from against their will. The reason why I have decided to address to you is this particular marginalized group of people that, because of their addresses that haven t been changed in their IDs yet, cannot exercise the right of having free bus fare within the territory of Kraljevo, and all of this with regard to all the positive legal regulations in force in The Republic of Serbia as well as with the utmost legal act, the Constitution, which claims that they should have the self same rights as any other citizen living in the Republic of Serbia. The decision of the City Council from May 2009, verified at the Assembly on June 20, 2009, exempted refugees and displaced people most of which are in a very difficult financial situation, and therefore the Constitution of the Republic of Serbia, Article 21, paragraph 3 as well as the Antidiscrimination law, Article 6 were directly broken. The exemption mostly affects IDPs accommodated in collective centers. I believe you are familiar with the fact that over 60% of the displaced settled in collective centers are above 65, without any financial support. Being unable to go any further than their residential area, they are a sort of ghettoized. I do hope that you will use your power within your legal mandate to make it possible for these people to be included in the list of those determined by the decision. Their temporary residence is in Kraljevo, but the

34 addresses in their IDs are still from Kosovo and Metohija. Most of them would go back to Kosovo provided that the safety conditions get better. That s the main reason why they haven t checked out from Kosovo yet. It is important to stress that the displaced persons above 65 years, at the initiative of LINGUA, used the free bus fair during the period from September 2008 until May 2009, when the city council, denied this right, without any legal grounds. The Ministry of Human and Minority Rights, Republic Commissariat for Refugees, as well as numerous international organizations that deal with the protection of human rights have been informed about the discrimination by the city government from June to date ( ) On June 7, 2010, I received a response from the Republic Commissioner for Refugees, Mr. Cucić, informing me that the Commissariat supports our claim to enable the benefit to free public fair for internally displaced persons. Also, on June 10, 2010 the State Secretary at the Ministry of Human and Minority Rights, Marko Karadzic, informed me in a telephone conversation that he supports and will personally sign our request. I expect you will modify the decision from May 2009 at the next meeting of the City Council, which will enable IDPs with the temporary residence in the Town of Kraljevo the right to use free bus fair if belong to the precisely determined group of people sharing the same right. Please find attached the letter of the Commissioner for Refugees of Serbia Mr. Vladimir Cucic from June 7, Look forward to your recent reply, Sincerely, Radovan Milicevic On 19 July 2010, at the invitation of the Mayor of Kraljevo, the Director of Lingua had a meeting with representatives of the new city government, the Mayor, Assistant to the Mayor for Social Issues and the President of the City Assembly. At the meeting, the Mayor promised to the director of Lingua that the problem regarding the right to free tickets for refugees and displaced persons with the temporary residence in the territory of the Kraljevo "will be resolved in a few days". This was confirmed by the Assistant to the Mayor for Social Issues, as well as President of the City Assembly

35 On August 13 th the director of Lingua sent a letter to the Mayor of the town of Kraljevo, and the Commissariat for Refugees of the Republic of Serbia, regarding exercising the right to free transport in the city bus traffic, since 20 days passed from 19 July 2010 when the meeting was held, and in the meantime, city authorities have done nothing regarding exercising the right to free tickets for refugees and displaced persons. Lingua Letter: а) Regional Centre of Civic Action LINGVA Olge Jovicic 24, Kraljevo tel/fax: 036/ ; 036/ ; forumnvo@ptt.rs Web: -For Ljubisa Simovic, Mayor Jovan Saric Square No Kraljevo Kraljevo, August 13, 2010.

36 Dear Mr. Simovic, Let me remind you that you invited me to the meeting on 19 July 2010, after the letter I sent you on 16th July 2010 related to exercising the right to free tickets in the city bus fair and for refugees and displaced persons having temporary residence in the city of Kraljevo. The meeting was attended by your assistant for Social Policy and President of City Hall. You said at the meeting that this problem will be solved "within the next few days." In the letter that I sent you on 16th July 2010 as well as at the meeting, you were introduced with the fact that we have the support of the Commissariat for Refugees of Serbia, as well as State Secretary at the Ministry of Human and Minority Rights. Regardless of the facts, and despite your promise, even after a month, neither you nor the President of the Assembly, haven t undertaken the activities to finally correct discriminatory decision on abolishing benefits for free public transportation for the category of refugees and displaced persons according to criteria relating and the local population, who use this benefit. I inform you that in a letter dated May14, 2010, recorded under number 278/2010-I in the Kraljevo Historical Archive, the former Mayor, Dr. Ljubisa Jovašević, informed me of the fact that the decision by the City Council, from May 2009., based on the recommendations of the Committee that you formed the same month, preside by a certain Mrs. Danijela Miletic, the Commission concluded to abolish benefits in the form of free tickets in a city bus traffic for the category of refugees and displaced persons, due to lack of funds. The City Council verified the discriminatory, illegal proposal of the commission you chaired. The decision of the City Council was verified at the Assembly on June 20, Because of this there has been exemption, and therefore, according to the Constitution of the Republic of Serbia, Article 21 Paragraph 3 and Anti-Discrimination Law, Article 6 direct discrimination against these groups, most of which are without any financial support. The exemption mostly affects IDPs accommodated in collective centers. Since July I ve been warning you in the letters I sent to you and your associates that over 60% of the displaced settled in collective centers are above 65, without any financial support. Being unable to go any further than their residential area, they are a sort of ghettoized. I inform you that the consequence of the discriminatory decision of the Commission, the City Council of the City Assembly, is not only the ghettoization of refugees and displaced persons, but the change of permanent residence of many displaced persons. They checked out from Kosovo and Metohija in order to use the benefit that local people use, checked out permanent residency in Kosovo and Metohija, and registered permanent residency in Kraljevo, by which you have indirectly influenced the demographic changes. I expect that you will finally affect the altered decision to include the displaced persons, having their permanent residence within the territory administrated by Kraljevo Authorities, but the addresses in their IDs are still from Kosovo. Most of them would go

37 back to Kosovo provided that the safety conditions get better. That s the main reason why they haven t checked out from Kosovo yet. Look forward to your recent reply, Sincerely, Radovan Milicevic б) Regional Centre of Civic Action LINGVA Olge Jovicic 24, Kraljevo tel/fax: 036/ ; 036/ ; forumnvo@ptt.rs Web: The city of Kraljevo Square Jovan Saric No.1

38 36000 Kraljevo - For Vladimir Cucic, Commissioner for Refugees of the Republic of Serbia Kraljevo, Dear Mr. Cucic, Assembly of the City of Kraljevo, at its fifteenth session held on 20 June 2009, made, among other decisions, the decision about free bus fare on the area covered by the town of Kraljevo, which is discriminatory, because this decision excluded refugees and displaced people, who used this right, as well as the local population, on the initiative of "LINGVA", from September 2008-May This intentional oversight exempted refugees and displaced people most of which are in a very difficult financial situation, therefore according to the Law of anti-discrimination, Article 6 have led to discrimination of this group of people. Certain number of displaced people in our town is still housed in collective centers that are located in the suburban area. The discrimination affects IDPs accommodated in collective centers, considering over 60% of the displaced persons settled in collective centers are above 65, without any financial support. Being unable to go any further than their residential area, they are a sort of ghettoized On July 16, 2010, I sent a letter for the fifth time to the current/former city authorities regarding exercising the right to benefits free bus fare and for the categories of both refugees and displaced people having temporary residence in the Town of Kraljevo, and I enclosed your letter of support, actually of the Commissariat for Refugees of Serbia, from June After the mentioned letter on July 19, 2010 I had a meeting with the representatives of the current/former city authorities the Mayor of Kraljevo, Ljubisa Simovic, Mayor s assistant for social issues, Milun Jovanovic, and President of the City Assembly, Milomir Šljivić. At the meeting the Mayor promised me that the issue regarding exercising the right of the benefits for free tickets for refugees and displaced people having temporary residence in the Town of Kraljevo, will be resolved within a few days. He was previously informed that we have written support by the Commissariat for Refugees of Serbia from June 2010, as well as verbal support from State Secretary of Ministry for Human and Minority Rights, Mr. Marko Karadzic. Almost a month have passed since the meeting, and up to date the current/former city authorities haven t taken any steps in order to change the decision of the Municipal Assembly so that refugees and displaced persons could exercise the right of having free bus fare on the area covered by the town of Kraljevo.

39 I expect that you will affect the city government of Kraljevo to change discriminatory decision which was brought by the authorities at the City Council meeting, which was verified at the Assembly, on 20 June I inform you that at the end of August 2010, I will write an Open Letter to the President of the Republic of Serbia, in which I will chronologically list all illegal activities related to the deprivation of right to free bus fare for the category of refugees and displaced persons according to the criteria that apply to the local population. The Open Letter will publish the relevant media in Serbia. Please find attached the letters sent to representatives of the city government of July 16, 2010, as well as from August 13, Look forward to your recent reply, Sincerely, Radovan Milicevic On September 2 nd 2010, in consultation with the director of Lingua, lawyer had a telephone conversation with President of the City Assembly. On behalf of the director of Lingua, he asked the President of the City Assembly, what steps had been taken regarding the letter that the director of Lingua sent to the representatives of city authorities on 13 July 2010, in relation to exercising the right to free tickets in the city bus transport. The City Assembly President said that the mayor's office shall prepare a draft of the decision, and that city council needs to adopt and then send to City Assembly on voting. President of the City Assembly said that the decision which extends the right to free tickets in the city traffic and on the categories of refugees and displaced persons will be made and at the Assembly. On September 2 nd Lingua lawyer had a telephone conversation with the Mayor of the town of Kraljevo about exercising the right to free tickets in city bus transportation and for refugees and displaced persons. On behalf of the director of Lingva, the Mayor was asked what had been undertaken regarding the letter that the director of Lingva sent to the representatives of city authorities on 13 August 2010, in relation to exercising the right to free tickets in the city bus transport, as well as the Mayor s promise to the director of Lingva, at the meeting of 19 July, that the "problem of ticket will be resolved within a few days". The Mayor said that he ordered his assistant for social issues to write the proposal of the decision, which will enable refugees and displaced persons to exercise the right of free tickets in the city bus traffic, so that the same decision to be adopted at the city council, and then submitted to the City Hall on voting. The Mayor said to the Lingua lawyer that the Assistant for the social issues was absent until September 2010, and that in the meantime, he will check whether the proposal of the decision has been already written

40 In agreement with the director of Lingva, on September 14, 2010 Lingva lawyer had a telephone conversation with the Assistant to the Mayor for social issues, regarding benefit/privileges in free public transport. The Assistant to the Mayor for social issues said that "it was not discussed at last week's meeting of the Town Council, because the company-autotransport Kraljevo is in a bankruptcy proceeding. Reply of the Assistant to the Mayor for social issues shows that the city government, which brought a discriminatory decision on the abolition of privileges of a free public transport for the category of refugees and displaced persons, in May 2009, even after a year and a half after the discriminatory, illegal decision has been made, does not want to reverse this illegal decision On September 28 th 2010, Director of "LINGUA" sent a letter to the Commissariat for Refugees of Serbia, Ministry of Human and Minority Rights and the Ministry for Kosovo and Metohija regarding unfulfilled right to benefits for transportation in city bus traffic in the City of Kraljevo for refugees and displaced persons. Lingua Letter: a) Regional Centre of Civic Action LINGVA Olge Jovicic 24, Kraljevo tel/fax: 036/ ; 036/ ; forumnvo@ptt.rs Web: Commissariat for Refugees of the Republic of Serbia For Mr. Vladimir Cucic, Commisionar Narodnih heroja 4, Belgrade Kraljevo, Dear Mr. Cucic, Assembly of the City of Kraljevo, at its fifteenth session held on 20 June 2009, made, among other decisions, the Decision on benefit for free tickets in the city bus traffic in the Town of Kraljevo, which is discriminatory, because this decision excluded refugees and

41 displaced people, who used this right, and the local population, on the initiative of "LINGVA", from September 2008-May This intentional oversight exempted refugees and displaced people most of which are in a very difficult financial situation, and therefore according to the Law of antidiscrimination, Article 6 was directly broken, and certain number of displaced people in our town is still housed in collective centers that are located in the suburban area. After the letter, in which you supported our initiative, from June 2010 and which I forwarded to the Mayor of Kraljevo, Ljubisa Simovic, the Mayor invited me to a meeting on 19th July Mayor s assistant for social issues, Milun Jovanovic, and President of the City Assembly, Milomir Sljivic were present at the meeting. Mayor, Ljubisa Simovic, told me at the meeting that the decision "will be corrected within a few days. After a month, since the city government didn t take any steps to correct the discriminatory decision, on August 13, 2010, I sent a letter for the sixth time to the city authorities regarding exercising the right of the benefits for free tickets and for the categories of both refugees and displaced people having temporary residence in the Town of Kraljevo, and I again enclosed your letter of support, from June Since I haven t received any response from the city authorities, on September 2, 2010 on my order, the lawyer of Lingva had a telephone conversation with Mayor. The Lingva lawyer asked what steps had the city government taken regarding the letter I had sent on August 13, 2010 to the representatives of the city authorities. Mayor said that he had ordered his Assistant for social issues to write the proposal of the decision, which would enable refugees and displaced people to exercise the right of free tickets in the city bus traffic, so that the same decision would be adopted at the city council, and then submitted to the City Hall on voting. Mayor said to the Lingva lawyer that the Assistant for social issues was absent, and that in the meantime, he himself would check whether the proposal for the decision had already been written. On September 14, 2010 Lingva lawyer had a telephone conversation with Mayor s assistant for social issues, regarding benefits/privileges in free public transport. The assistant said that "it was not discussed at the last week's meeting of the Town Council, because the company-autotransport Kraljevo was in a bankruptcy proceeding - which is not true, because the company "Autotransport has been financially supported by the city government for two years. The answer given by the city authorities shows that the city government, which made a discriminatory decision on the abolition of privileges for free public transport for the category of refugees and displaced people, in May 2009, even after a year and a half after the discriminatory, illegal decision was made, does not want to reverse this illegal decision. Simply, the current city government does not want to respect the Constitution of the Republic of Serbia, Anti-Discrimination Law (Article 6) and thus discriminate against citizens of Kraljevo. This, discriminatory decision of the leaders of the

42 current city government city of Kraljevo, affects about 3,000 refugees and internally displaced people who are the most vulnerable population (data from the Poverty Reduction Strategy in Serbia). I expect you to make some influence on the city government of Kraljevo to reverse the discriminatory decision which was brought by the authorities at the City Council meeting and verified by the Assembly, in 20 June Please find attached the letter from June 2010, in which you provided support for our initiative. Look forward to your recent reply, Sincerely, Radovan Milicevic b) Regional Centre of Civic Action LINGVA Olge Jovicic 24, Kraljevo tel/fax: 036/ ; 036/ ; forumnvo@ptt.rs Web: Ministry for Kosovo and Metohija of Serbia For Mr. Goran Bogdanovic, Minister Bulevar Mihajla Pupina 2, Belgrade Dear Mr. Bogdanovic, Kraljevo, Assembly of the City of Kraljevo, at its fifteenth session held on 20 June 2009, made, among other decisions, the Decision on benefit for free tickets in the city bus traffic in the Town of Kraljevo, which is discriminatory, because this decision excluded refugees and displaced people, who used this right, and the local population, on the initiative of "LINGVA", from September 2008-May 2009.

43 This intentional oversight exempted refugees and displaced people most of which are in a very difficult financial situation, and therefore according to the Law of anti-discrimination, Article 6 was directly broken, and certain number of displaced people in our town is still housed in collective centers that are located in the suburban area. After the letter by the Commissioner for Refugees of Serbia, Vladimir Cucic, in which he supports our initiative, as well as the support given by the State Secretary at the Ministry for Human and Minority Rights, Marko Karadzic, from June 2010 and which I forwarded to the Mayor of Kraljevo, Ljubisa Simovic, the Mayor invited me to a meeting on 19th July Mayor s assistant for social issues, Milun Jovanovic, and President of the City Assembly, Milomir Šljivić were present at the meeting. Mayor, Ljubisa Simovic, told me at the meeting that the decision "will be corrected within a few days. After a month, since the city government didn t take any steps to correct the discriminatory decision, on August 13, 2010, I sent a letter for the sixth time to the city authorities regarding exercising the right of the benefits for free tickets and for the categories of both refugees and displaced people having temporary residence in the Town of Kraljevo, and I again enclosed the letter of support by the Commissioner for Refugees of Serbia, from June Since I haven t received any response from the city authorities, on September 2, 2010 on my order, the lawyer of Lingva had a telephone conversation with Mayor. The Lingva lawyer asked what steps had the city government taken regarding the letter I had sent on August 13, 2010 to the representatives of the city authorities. Mayor said that he had ordered his Assistant for social issues to write the proposal of the decision, which would enable refugees and displaced people to exercise the right of free tickets in the city bus traffic, so that the same decision would be adopted at the city council, and then submitted to the City Hall on voting. Mayor said to the Lingva lawyer that the Assistant for social issues was absent, and that in the meantime, he himself would check whether the proposal for the decision had already been written. On September 14, 2010 Lingva lawyer had a telephone conversation with Mayor s assistant for social issues, regarding benefits/privileges in free public transport. The assistant said that "it was not discussed at the last week's meeting of the Town Council, because the company- Autotransport Kraljevo was in a bankruptcy proceeding - which is not true, because the company "Autotransport has been financially supported by the city government for two years. The answer given by the city authorities shows that the city government, which made a discriminatory decision on the abolition of privileges for free public transport for the category of refugees and displaced people, in May 2009, even after a year and a half after the discriminatory, illegal decision was made, does not want to reverse this illegal decision. Simply, the current city government does not want to respect the Constitution of the Republic of Serbia, Anti-Discrimination Law (Article 6) and thus discriminate against citizens of Kraljevo. This, discriminatory decision of the leaders of the current city government city of Kraljevo, affects about 3,000 refugees and internally displaced people who are the most vulnerable population (data from the Poverty Reduction Strategy in Serbia). I expect you to make some influence on the city government of Kraljevo to reverse the discriminatory decision which was brought by the authorities at the City Council meeting and verified by the Assembly, in 20 June 2009.

44 Please find attached the letter from June 2010, in which the Commissioner for Refugees of Serbia provides support for our initiative. Look forward to your recent reply, Sincerely, Radovan Milicevic c) Ministry for Human and Minority Rights of Serbia For Mr.Svetozar Ciplic, Minister Bulevar Mihajla Pupina 2, Belgrade Dear Mr. Ciplic, Kraljevo, Assembly of the City of Kraljevo, at its fifteenth session held on 20 June 2009, made, among other decisions, the Decision on benefit for free tickets in the city bus traffic in the Town of Kraljevo, which is discriminatory, because this decision excluded refugees and displaced people,

45 who used this right, and the local population, on the initiative of "LINGVA", from September 2008-May This intentional oversight exempted refugees and displaced people most of which are in a very difficult financial situation, and therefore according to the Law of anti-discrimination, Article 6 was directly broken, and certain number of displaced people in our town is still housed in collective centers that are located in the suburban area. After the letter by the Commissioner for Refugees of Serbia, Vladimir Cucic, in which he supports our initiative, as well as the support given by the State Secretary at the Ministry for Human and Minority Rights, Marko Karadzic, from June 2010 and which I forwarded to the Mayor of Kraljevo, Ljubisa Simovic, the Mayor invited me to a meeting on 19th July Mayor s assistant for social issues, Milun Jovanovic, and President of the City Assembly, Milomir Šljivić were present at the meeting. Mayor, Ljubisa Simovic, told me at the meeting that the decision "will be corrected within a few days. After a month, since the city government didn t take any steps to correct the discriminatory decision, on August 13, 2010, I sent a letter for the sixth time to the city authorities regarding exercising the right of the benefits for free tickets and for the categories of both refugees and displaced people having temporary residence in the Town of Kraljevo, and I again enclosed the letter of support by the Commissioner for Refugees of Serbia, from June Since I haven t received any response from the city authorities, on September 2, 2010 on my order, the lawyer of Lingva had a telephone conversation with Mayor. The Lingva lawyer asked what steps had the city government taken regarding the letter I had sent on August 13, 2010 to the representatives of the city authorities. Mayor said that he had ordered his Assistant for social issues to write the proposal of the decision, which would enable refugees and displaced people to exercise the right of free tickets in the city bus traffic, so that the same decision would be adopted at the city council, and then submitted to the City Hall on voting. Mayor said to the Lingva lawyer that the Assistant for social issues was absent, and that in the meantime, he himself would check whether the proposal for the decision had already been written. On September 14, 2010 Lingva lawyer had a telephone conversation with Mayor s assistant for social issues, regarding benefits/privileges in free public transport. The assistant said that "it was not discussed at the last week's meeting of the Town Council, because the company- Autotransport Kraljevo was in a bankruptcy proceeding - which is not true, because the company "Autotransport has been financially supported by the city government for two years. The answer given by the city authorities shows that the city government, which made a discriminatory decision on the abolition of privileges for free public transport for the category of refugees and displaced people, in May 2009, even after a year and a half after the discriminatory, illegal decision was made, does not want to reverse this illegal decision. Simply, the current city government does not want to respect the Constitution of the Republic of Serbia, Anti-Discrimination Law (Article 6) and thus discriminate against citizens of Kraljevo. This, discriminatory decision of the leaders of the current city government city of Kraljevo, affects about 3,000 refugees and internally displaced people who are the most vulnerable population (data from the Poverty Reduction Strategy in Serbia). I expect you to make some influence on the city government of Kraljevo to reverse the discriminatory decision which was brought by the authorities at the City Council meeting and verified by the Assembly, in June 20, 2009.

46 Please find attached the letter from June 2010, in which the Commissioner for Refugees of Serbia provides support for our initiative. Look forward to your recent reply, Sincerely, Radovan Milicevic Commissariat for Refugees sent a response on October 21 st Director of "LINGVA" was informed that the CC "Kablar" in Kraljevo was closed and that due to her poor health condition, the Commissariat for Refugees of Serbia can offer accommodation in gerontology center. Local Commissioner for Refugees said that there are no more accommodation facilities in the Gerontology Cen.ter. After that the Lingua team made an agreement with the N.D. (IDP), and the beneficiary N.D. moved from the CC Vitanovac in the collective center Zica, in mid November On February 17 th 2011, Director of Lingua received reply from the Republic Commissioner for Information of Public Interest and Data Protection. Enclosed to the reply they have sent the decision of the Commissioner upon the complaint of the Director of Lingva because of the denial of access to information from the Mayor of Kraljevo,

47 according to the request for the free access to information that the director of "Lingua submitted on January 15, The Commissioner's Decision No / of February 3, 2011 instructed Mayor of the City of Kraljevo to inform Regional Centre of Civic Action LINGVA without delay and no later than three days from receipt of this decision whether has required information on the number of citizens from the local population and on the number of displaced persons who used the right of free tickets in a city bus traffic in April 2009, as the information on the number of citizens (local population) who had this right during the December 2009, as well as information on the number of citizens (local population) who exercised this right during December 2009, and if has this information at the same time provide to the complainant a copy of the document in which information are contained. Republic of Serbia Commissioner for Information of Public Importance and Personal Data Protection 42, Svetozara Markovića str. Belgrade No / REGIONAL CENTRE OF CIVIC ACTION LINGVA Kraljevo 24. Olge Jovicic str Pursuant to Article 24 of the Law on Free Access to Information of Public Importance (Official Gazette of the Republic of Serbia) we enclose the solution of the Commissioner for Information of Public Importance and Personal Data Protection made as per your complaint because of the denial of access to information from the Mayor of Kraljevo as per your request of 15 January We also apologize for the delay in resolving the complaint, due to known problems in providing the work conditions for the Commissioner by the executive authorities and the insufficient number of employees in terms of increased inflow of complaints, which number exceeds personnel resources several times Yours faithfully Assistant of General Secretary Natalija Cetkovic Republic of Serbia Commissioner for Information of Public Importance and Personal Data Protection

48 42, Svetozara Markovića str Belgrade No / Dated: Commissioner for Information of Public Importance and Personal Data Protection acting upon appeal of Regional Centre of Civic Action LINGVA, 24 Olge Jovicic str, as the applicant for acess to information of public importance after complaint because of the denial of access to information from the Mayor of Kraljevo on the request of January 15, 2010 for the access of information of public importance pursuant to Article 23, 24 and 33 paragraph 5 of the Law on Personal Data Protection (Official Gazette of the Republic of Serbia No.97/08 and 104/09) brings forth: THE DECISION: I Mayor of the City of Kraljevo is instructed to inform Regional Centre of Civic Action LINGVA without delay and no later than three days from receipt of this solution whether has required information on the number of citizens from the category of local population and the number of citizens displaced persons who used the right of free tickets in a city bus traffic in April 2009, as the information on the number of citizens from the local population who had this right during the December 2009, and if has this information at the same time provide to the complainant a copy of the document in which they are contained, but prior to issuing of copy make inaccessible personal information such as name, address, personal identification number and the like, as long as such information are contained in the document. II Mayor of Kraljevo shall inform the Commissioner about implementation of the decision within 7 days of receipt of this decision. EXPLANATION Regional Center of Civic Action LINGVA as the requester of information of public importance submitted a complaint to the Commissioner for Information of Public Importance and Personal Data Protection, on , against the response of the Department for Social Activities of the City Administration Kraljevo No.: 34/10-04 of which was submitted upon its demand on for the access to information of public importance which was submitted to the Mayor of Kraljevo. The appeal stated that the responses evident that the city government against the Law on Free Access to Information does not want to present data on the number of displaced persons who are discriminated against, respectively, which are denied the right to free transport by the decision of the City Assembly in June Along with the complaint, an

49 applicant enclosed a copy of the request with evidence that was submitted to the institution. Acting upon complaint the Commissioner has submitted a complaint to the Mayor to the statement. Commenting the allegations of complaint person authorized to act upon requests for free access to information stated in the letter no. 336/2010 of , that the Department of Social Activities was again requested to make a statement regarding complaint, which has in letter 79/10 of , which was submitted in the appendix, once again confirmed that the Department does not have the required information, and thus accusations of a seekers that the authority covers information about the number of displaced persons who are entitled to free transport are unjustified. Also point out that none of the displaced persons who have permanent resident for the last six months in the City of Kraljevo haven t been denied the right to free transport. Considering the complaint and other documents of the case the Commissioner has issued decision as in the (enacting) terms for the following reasons: Examination of the case documents determined that the Regional Center of Civic Action "Lingva" from Kraljevo, on , submitted a request to the Mayor of Kraljevo to get information described in more detail in paragraph I of this decision. Examination of the case documents also determined that the City Administration of Kraljevo, acting upon the request, forwarded to the applicant a letter of the Department of Social Activities of the City Administration of Kraljevo No.: 34/10-04 of in which they informed that this Department has no information on the number of displaced and local people who use the tickets for a free ride, but that this Department only has information that in the period from July to December 2009 until 2700 certificates for use of free transport for the local population were issued. As Article 5 of the Law on Free Access to Information of Public Importance prescribes everyone shall have the right to be informed whether a public authority holds specific information of public importance and/or whether such is otherwise accessible to him/her. Everyone shall have the right to access information of public importance by being allowed to examine a document containing information of public importance, by being entitled to make a copy of that document, and by being entitled to receive a copy of such document on request, by mail, fax, electronic mail or otherwise. Having regard to the established facts, the Commissioner noted that the seeker's complaint because of the denial of access to requested information was grounded. Namely, in order to respect the right of every citizen to access of information guaranteed by Article 5 of the Law on Free Access to Information of Public Importance it was necessary in this particular administrative matter that the Mayor of Kraljevo requires the information from other departments or services that could eventually had the required information. As public authority has failed to take all actions necessary to establish all relevant facts of which depend exercising the right on free access to the information of public

50 importance, the Commissioner, based on Article 23 and Article 24 Paragraph 4 Law on Free Access to Information of Public importance, and Article 236 Paragraph 2 Law on General Administrative Procedure, decided as in Act I of disposition of this solution, after finding that the complaint is grounded, and that is indisputable right of a seekers pursuant to Article 5 of the Law on free access to information of public importance, in which everyone has the right to access information of public importance as it is ordered in the paragraph I of this decision, which is in accordance with the provisions of Article 12 of the law which envisage selecting of requested information of public interest from other information in the document which public authority is not obliged to allow the applicant to have insight in the document. Mayor of Kraljevo is obliged to inform the Commissioner on implementation of decision in accordance with Article 24 Paragraph 3 Law on Free Access to Information of Public importance. Complaints cannot be lodged against decision. However, administrative proceedings can be instigated instead by filing a lawsuit, with the Administrative Court within 30 days of the date of submission of a decision. (Article 27). Stanojla Mandic Deputy Commissioner To be delivered to: 1. Regional Centre of Civic Action LINGVA 2. Mayor of Kraljevo 3. Writing office On February 25, 2011, Director of Lingua received a reply from the Cabinet of the Mayor of Kraljevo, in which they informed the Director of Lingua that the Department for social activities has no record on the number of users of free transport in a city bus traffic in April 2009, nor on the number of local citizens or the displaced persons older than 65 years, since the Department of Social Activities did not participate in decisionmaking nor in implementing the Decision of the Assembly from August 7 th From July until the end of December 2009 on the basis of valid decision on free transport in bus traffic in the city of Kraljevo the Department issued 2700 certificates for the use of free transport in accordance with Article 2 of the Decision. Department of Social Activities enclosed to the director of Lingva the conclusion of the Assembly No /2008-I of August 7, 2008 and the Contract No. 1897/08 of September 5, 2008, which the Department gathered from the Administration for Joint Services-responsible for payment while the contract is in effect.

51 Republic of Serbia Mayor s Office No.532/ Kraljevo REGIONAL CENTER OF CIVIC ACTION LINGVA KRALJEVO Acting upon solution No / February 3, 2011, issued by the Commissioner for Information of Public Importance and Personal Data Protection, based on Article 24 Law on Free Access to Information of Public Importance (Official Gazette no. 120/04, 54/07, 104/09 and 36/10) upon the complaint of the RCGA Lingva Kraljevo, Olge Jovicic Street No 24, submit the following ANNOUNCEMENT On February 16, 2011, this instance turned to the Department for Social activities in a letter No. 504/11 of 21 February 2011, requesting to submit the required information to the authority, ordained by Article no / of March 3, 2011, as follows: 1. How many citizens in the category of the local population and how many of displaced persons used the right of free tickets in public bus transport in April 2009? 2. How many citizens from the local population utilized this right in December 2009? Pursuant to Article I of the decision, please find a letter to the Department for Social activities No. 226/11 of 22 February 2011, which expressed opinion on the above requested information. Annex: 1. Letter No. 504/11 of 21 February Letter of the Department of Social Activities No. 226/11 of 22 February Conclusion of Kraljevo Assembly No /2008-I of 7 August Contract on transport. No 1897/08 of 5 September

52 REPUBLIC OF SERBIA City of Kraljevo Cabinet of the Mayor Number: 504/11 Date: Kraljevo DEPARTMENT OF SOCIAL ACTIVITIES Head of Department On February 17, 2011, Natalija Cetkovic, Assistant General Secretary of the Commissioner for Information of Public Importance and Personal Data Protection, turned to the authority by letter No / of , based on Article 24 of the Law on the Free Access to Information of Public Importance ("Official Gazette of the Republic of Serbia", No. 120/04, 54/07, 104/09 and 36/10). Attached to the letter, is the decision of the Commissioner for Information of Public Importance and Personal Data Protection, made as per the complaint of Regional Centre of Civic Action "Lingva" from Kraljevo, asking Mayor to inform the Regional Centre of Civic Action "Lingva" from Kraljevo, Olge Jovicic 24 without delay, in three days of receipt of this solution, whether posses the following information: 1. How many citizens in the category of the local population and how many of displaced persons used the right of free tickets in public bus transport in April 2009? 2. How many citizens from the local population utilized this right in December 2009? NOTE: Since I am obligated to express opinion about the execution of the decision in seven days of receipt, please send me any information requested in its entirety, and if it s not in your jurisdiction to inform me in whose possession the document is. Attachment: The decision No / February 3, Sincerely, AUTHORIZED PERSON Marina Milovic

53 Republic of Serbia Kraljevo Department for social activities No. 226/11 February 22, Kraljevo Mayor's Office Subject: Reply to the letter of Nos.504/ Regarding your request we inform you about the following: This Department has no data on the number of users of free transport in a city bus transport in April of 2009, nor the number of local or the displaced persons over the age of 65 years, since not even participated in making or in implementation of conclusions of the Assembly No / of On the basis of that conclusion on September 5, 2008, the municipality president concluded contract number 1897 with service provider AD "Autotransport" Kraljevo where Article 3 regulates the right to transport for people older then 65 with permanent residence in the town of Kraljevo and displaced persons and refugees residing in Kraljevo. On the basis of the contract ID and all activities related to the determination of the right to free transport exercised services provider (AD "Autotransport"). At that time, and later, in early 2009 this department was only responsible for the implementation of the contract of transport of particular categories of people covered by the Decision on the free and preferential ride in the bus transport ("Official Gazette of the Municipality of Kraljevo, No. 1 / 79, 5 / / 90.2 / 94 15/94). From July and until the end of December 2009, the Department on the basis of valid decisions on free ride in bus transport in the City of Kraljevo (Official Gazette of the City of Kraljevo ", number 12/09), issued a total of 2700 certificates for the use of free transport in accordance with Article 2 of Decision. Enclosed to the letter we have sent the contract number 1897/08 which was obtained from the Department for joint services - responsible for payment at the time of the validity of the contract and the Decision of the City of Kraljevo 06-75/ number of Chief of Department Dragana Bojovic, BSc. Legal

54 Pursuant to Article 121, Paragraph 1, regarding Article 63, Item 1 Statute of the Kraljevo City (Official Gazette of the Kraljevo City, No. 4 / 08) and Article 71, Rules of Procedure of the Kraljevo City Assembly (Official Gazette of the Kraljevo City, 4 / 08) Assembly of Kraljevo, at a meeting held on 7 August 2008, passed the CONCLUSION Kraljevo City Council, as authorized applicant, is obligated that in determining the Draft Decision on the supplementary budget Kraljevo municipality for the year 2008, provide funds at the appropriate line in the amount of , 00 dinars for the implementation of free transport in urban and suburban traffic in the Kraljevo City for persons over 65 years, for the period until the end of the 2008 calendar year. It obligates the Kraljevo city council to establish the decision draft in the previous paragraph for the next session of the Kraljevo City Assembly. Assembly of Kraljevo Number: 06-75/2008-I 7 August 2008 President of the Kraljevo City Assembly Branko Kaplarevic REPUBLIC OF SERBIA City of Kraljevo Number: 1897/08 September 5, 2008 KRAL J E V O MS / SR Contract on Transport Concluded on September 5, 2008, between: 1. CITY OF KRALJEVO, Square Jovan Saric number 1, represented by Mayor, Dr. Milos Babic, (hereinafter referred to as Purchaser); 2. A.D. AUTOTRANSPORT, Adrani 578A, Kraljevo, represented by Managing Director Bachelor of Laws, Jablanovic Zoran, (hereinafter referred to as its provider); SUBJECT: free transport on urban and suburban traffic in the City of Kraljevo for persons over 65 years of age until the end of 2008 calendar year

55 Article This contract envisages free transport on regular lines registered in urban and suburban traffic in the City of Kraljevo (except long-distance lines), for persons over 65 years, until the end of calendar year 2008 in accordance with the conclusion No /2008-I of August 7, 2008 of the Assembly of Kraljevo. Article The parties have agreed that the contract price is: 2,000, dinars, without VAT 2.2. Purchaser undertakes to pay the contract amount set out in item 2.1. of this Contract by the end of the calendar year, concluded with the December 31, 2008 at the expense execution of the of budget of City of Kraljevo, on the service provider s account number , at the "Srpska" Banka in Kraljevo In the case of exceeding limits under item 2.2 of the Contract, Purchaser owes Providers and the amount of default interest itself. Article Provider undertakes to issue an identification to all persons older than 65 years and with permanent residence in Kraljevo, as well as for displaced persons and refugees residing in Kraljevo based on which they will exercise their right to free transport (service provider is in charge for the issuance of document). Article The contractual parties agree to solve any potential disputes arising from this Contract by reaching mutual agreement Should they fail to do so, any dispute concerning this Contract shall fall under the competence of the Commercial Court in Kraljevo. Article The contractual parties may agree on any amendments to this Agreement For all that is not regulated by the clauses of this Contract, shall apply provisions of the Law on Obligations. Article This contract has been made in 6 (six) identical copies, 3 (three) copies for each contractual parties. FOR "Autoransport" A.D. Jablanovic Zoran, Bachelor of Laws For the Kraljevo city Mayor Dr. Milos Babic

56 Response of the mayor's cabinet clearly indicates that the city administration as well as republic institutions does not want to provide information on the number of displaced persons who have enjoyed the benefits of a free transport in city traffic, and for whom the Kraljevo city government revoked that right in June Withholding of the information is a criminal offense, but in relation to earlier letters of the Lingva director the republic institutions have not reacted against the violation of the Anti-discrimination Law.

57 On March 3rd 2011, director of LINGUA filed a request for access to information of public importance to the city government: Commissioner for Information of Public Importance and the Mayor of the town of Kraljevo. Director of LINGUA requested to be provided with the following information: On the basis of which general deed/decision or recommendation of the authority / service has the decision of the Assembly of the City of Kraljevo, from August 2008, at which the displaced people over 65 years of age, exercised the right to free tickets in the city bus transport had been repealed in May Lingua Letter: The city of Kraljevo Jovan Saric Square 1, Kraljevo Regional Centre of Civic Action LINGVA Olge Jovicic 24, Kraljevo tel/fax: 036/ ; 036/ ; forumnvo@ptt.rs Web: - Marina Krasojević, the Commissioner for access to public information. REQUEST FOR ACCESS TO INFORMATION OF PUBLIC IMPORTANCE Pursuant to the article 15. Premise 1. of the Law on Free Access to Information of Public Importance ( Official Gazette RS No. 120/04 and 54/07), of the above authorities I request: - Copy of the document containing the requested information. The document containing the information to provide through: MAIL. The request pertains to the following information: Decision of the Municipality of Kraljevo, from August 2008, allowed displaced persons over 65 years of age, residing on the territory of Kraljevo, along with the local population, to exercise their right to free tickets in city bus transport, until May Decision of the Municipality of Kraljevo in June 2009, enabled the right of free tickets for local people who meet certain criteria, and the same decision denied the right for the displaced persons having temporary residence in the municipality of Kraljevo. I am asking the following information: 57

58 1. On the basis of which general deed/decision or recommendation of the authority / service has the decision of the Assembly of the City of Kraljevo, from August 2008, at which the displaced people over 65 years of age, exercised the right to free tickets in the city bus transport, had been repealed in May Sincerely, Applicant Radovan Milićević, Director Kraljevo, Since Lingva director did not received a response from the Mayor of Kraljevo within a period prescribed by the law (15 days), and by that the city administration committed a criminal act of hiding document, on 25 March 2011, director of Lingva sent a complaint against the silence of administration to the Republic Commissioner for Information of Public Importance and Personal Data Protection. Lingua letter: Civic Action LINGVA Veljka Vlahovća 35/7, Kraljevo Tel/fax: 036/ ; 036/ ; lingua_kv@ptt.rs forumnvo@ptt.rs Web: Commissioner for Information of Public Importance and Personal Data Protection Mr Rodoljub Šabić 22-26, Nemanjina str. Beograd11000 In accordance with Article 22. of the Law on the Free Access to Information of Public Importance I lodge a complaint: COMPLAINT Against the silence of the administration Against the city government of Kraljevo: Marine Krasojević, the Commissioner for Access to Information and Ljubisa Simovic, the Mayor, because they didn t act within 58

59 the period of time defined under the law, according to my request for free access to information, which I submitted on , where I have asked in accordance with the Law on Free Access to Information of Public importance to allow me insight in the document - copy of the document, containing the information about: 1. On the basis of which general deed/decision or recommendation of the authority / service has the decision of the Assembly of the City of Kraljevo, from August 2008, at which the displaced people over 65 years of age, exercised the right to free tickets in the city bus transport r, had been repealed in May Based on the aforesaid, I suggest that the Commissioner accept my complaint and allow me access to the requested information. I enclose as a proof a copy of the request, as an evidence of its submission to the public body. Sincerely, Applicant Radovan Milićević, Director Kraljevo, On March 29, after the intervention of the Republic Commissioner for Information of Public Importance and Personal Data Protection, director of Lingva received a letter from the Mayor of the City of Kraljevo, providing a contract with a private company "Autotransport" from July 2009, but didn t provide a copy of the document which authority / department of the city administration repealed the benefits for refugees and IDPs for public transport. The Mayor had a legal duty to do this, at the request of the Lingva Director. REPUBLIC OF SERBIA City of Kraljevo Cabinet of the Mayor Number: 630/11 Date: Kraljevo REGIONAL CENTER of CIVIC ACTION LINGVA Dear Sir, In accordance with Article 16, Paragraph 1 of the Law on Free Access to Information of Public Importance ( Official Gazette RS No. 120/04, 54/07, 04/09 and 36/2010), acting 59

60 at the request of the Regional Centre of Civic Action Lingva of March 3, 2011, registered under number 630/11, I submit the following: THE NOTIFICATION Acting on the request for access to information of public importance, this authority turned to the Department of Social Activities of the City Administration of Kraljevo with a letter No.630/11 of March 7, 2011, requesting to submit your response to the following question to the authority: 1. On the basis of which general deed/decision or recommendation of the authority / service has the decision of the Assembly of the City of Kraljevo, from August 2008, at which the displaced people over 65 years of age, exercised the right to free tickets in the city bus transport, had been repealed in May In a letter no. 277/11 of , the Department made a statement that the City of Kraljevo Assembly at the session held on August 7, 2008, adopted Conclusion No /2008-I, which refers to the provision of funds in 2008, for implementation of free transport in urban and suburban transport in the City of Kraljevo for all persons over 65 years. Based on this conclusion, the Contract on passengers transport No. 1897/08 of September 5, 2008 has been concluded with AD Autotransport, and has been extended by annexes in December 27, 2008, and May 27, 2009, to May 31, Assembly of Kraljevo at the meeting held on 20 June 2009 adopted a decision to free city bus transport in the City of Kraljevo ( Official Gazette of the City of Kraljevo Nos.12/09). Based on Article 2. Pt II, item 3 and Article 3. of the decision, the right to free travel on local bus transport have older than 65 years, whose pension is less than the minimum wage in Serbia, provided that have been a permanent resident in the last six months in the City of Kraljevo, and this right cannot be exercised on any other basis. Based on these decisions the contract was concluded between the AD Autotransport Kraljevo and the City of Kraljevo, No.1547/09, July 3, 2009, on the transport of persons who are entitled to a free ride in bus traffic in the city of Kraljevo. Attachments: - Letter from the Department of Social Activities No. 277/11 of March 15, The contract of carriage of persons who are entitled to a free bus travel in a public bus transport in the City of Kraljevo - Letter to the Department No. 630/11 of March 7,

61 Sincerely, Authorized person Marina Milovic On March 31st Lingua Director sent a complaint to the Republic Commissioner for Information of Public Importance and Personal Data Protection due to failure to act as a whole, requiring that the Republic commissioner ask the city administration to finally deliver a copy of the document to the Director of Lingua, that contains information who from the city government of Kraljevo, in May 2009, gave instruction to repeal benefit to free public transport for the IDPs and refugees. Lingua letter: Civic Action LINGUA Veljka Vlahovća 35/7, Kraljevo Tel/fax: 036/ ; 036/ ; lingua_kv@ptt.rs forumnvo@ptt.rs Web: Commissioner for Information of Public Importance and Personal Data Protection Mr Rodoljub Šabić 22-26, Nemanjina str Beograd11000 In accordance with Article 22. of the Law on the Free Access to Information of Public Importance I lodge a complaint: COMPLAINT Due to incomplete procedure Against the mayor's cabinet, because of the incomplete procedure concerning my request for free access to public information, which I submitted on , where I asked in accordance with the Law on Free Access to Information of Public importance to be provided with the copy of the document, containing the information about: 61

62 1. On the basis of which general deed/decision or recommendation of the authority / service has the decision of the Assembly of the City of Kraljevo, from August 2008, at which the displaced people over 65 years of age, exercised the right to free tickets in the city bus transport, had been repealed in May On 29 March 2011, I received a reply from the office of the Mayor (responsible person- Marina Milović) to the request for access to information of public importance of 3 rd March, In the response from the mayor's cabinet a copy of the requested general act / decision / recommendation, hasn t been obtained. Response and the documents obtained from the mentioned authorities clearly indicate that they have been hindering the access to the requested general act / decision / recommendation. I would like to underscore that on May14, 2010 I received a written response from the former mayor, Ljubisa Jovasevic, in which he informed me that the adopting of the decision in connection with benefit in public transport, for people older than 65 years, depends on the city council and that in May 2009 the Mayor Ljubisa Simovic formed the Committee chaired by Danijela Miletic, a member of City Council, who abolished the previous decision of the City Assembly from August 2008, which allowed refugees and displaced persons to be able to use the right to free transport in a city bus traffic. Based on the aforesaid, I suggest that the Commissioner accept my complaint and allow me access to the requested information. I enclose as a proof a copy of the request, as an evidence of its submission to the public body, response from the mayor's cabinet of 29 March 2011, and the response of the former mayor, Ljubisa Jovašević of May 14, Sincerely, Applicant Radovan Milićević, Director Kraljevo, On May 17 th, 2011, Director of LINGUA sent a request to access information of public importance the city commissioner for information of public importance, and the Mayor of the town of Kraljevo, to provide him with copy of the document containing the following information: 1. On the basis of which general deed/decision or recommendation of the authority / service has the decision of the Assembly of the City of Kraljevo, from August 2008, at which the displaced people over 65 years of age, exercised the right to free tickets in the city bus transport, had been repealed in May

63 Lingua Letter: Civic Action LINGUA Veljka Vlahovica 35/7; Olge Jovicic 24, Kraljevo 36000, Serbia Telephone: +381 (0) Fax: +381 (0) Web-site: The city of Kraljevo Jovan Saric Square 1, Kraljevo Ljubisa Simovic, Mayor of Krajevo - Marina Krasojević, Commissioner for access to information of public importance REQUEST for ACCESS to INFORMATION OF PUBLIC IMPORTANCE Pursuant to Article 15 of the Law on Free Access to Information of Public Importance ( Official Gazette of the Republic of Serbia No. 120/04 and 54/07) I hereby request that the authority first written above grant me the following: - COPY OF THE DOCUMENT containing the requested information - sending of the document containing the requested information by mail On the basis of which general deed/decision or recommendation of the authority / service has the decision of the Assembly of the City of Kraljevo, from August 2008, at which the displaced people over 65 years of age, exercised the right to free tickets in the city bus transport, had been repealed in May Yours sincerely, Applicant: Radovan Milicevic, director In Kraljevo, On May 17, On May 24 th 2011 Lingua Director received an inadequate response of Commissioner for access to information of public importance

64 On May 25 th, 2011, Director of LINGUA sent a request to access information of public importance the city commissioner for information of public importance, and the Mayor of the town of Kraljevo, to provide him with copy of the document containing the following information: 1. On the basis of which general deed/decision or recommendation of the authority / service has the conclusion of the Assembly of the City of Kraljevo, from August which referred to providing funds for the realization of free transportation for all persons over 65 years of age, including refugees and displaced from Kosovo and Metohija who registered temporary residence on the territory of Kraljevo, had been reversed in May Lingua Letter: Civic Action LINGUA Veljka Vlahovica 35/7; Olge Jovicic 24, Kraljevo 36000, Serbia Telephone: +381 (0) Fax: +381 (0) lingua_kv@ptt.rs; info@forumnvo.org.rs Web-site: 64

65 The city of Kraljevo Jovan Saric Square 1, Kraljevo Ljubisa Simovic, Mayor of Kraljevo - Marina Krasojević, Commissioner for access to information of public importance REQUEST for ACCESS to INFORMATION OF PUBLIC IMPORTANCE Pursuant to Article 15 of the Law on Free Access to Information of Public Importance ( Official Gazette of the Republic of Serbia No. 120/04 and 54/07) I hereby request that the authority grant me the following: - COPY OF THE DOCUMENT containing the requested information - sending of the document containing the requested information by mail 1. On the basis of which general deed/decision or recommendation of the authority / service has the conclusion of the Assembly of the City of Kraljevo, from August which referred to providing funds for the realisation of free transportation for all persons over 65 years of age, including refugees and displaced from Kosovo and Metohija who registered temporary residence on the territory of Kraljevo, had been reversed in May Based on the conclusion in the Decision on free transportation in a bus traffic in the city of Kraljevo the right to benefits for free public transport (which they were using from August 2008 until May 2009) for refugees and displaced persons residing in the territory of Kraljevo has been denied of June 20, Yours sincerely, Applicant: Radovan Milicevic, Director In Kraljevo, On May 25,

66 Up to date of the report writing (June 15 th 2011) Director of Lingua haven t received a response from city authorities regarding the request for access to information of public importance, thus the city government has committed a criminal act of hiding an existing documents, and according to the knowledge of the Director of Lingua Recommendation for the abolition of benefits for refugees and displaced persons was brought by the Commission, established by the Mayor of the Town of Kraljevo, Ljubisa Simovic, in May 2009, and which was chaired by Danijela Miletic, a member of the City Council. 66

67 2.2. Vulnerability of the elderly Elderly refugees and IDPs are particularly vulnerable and need urgent help. A large number lack adequate nutrition and medical treatment, privacy in collective centers, as well as the permanent solution in relation to housing. They often, in large part, depend on the programs and projects of international organizations that usually do not meet all their needs. Providing care of old people living in private accommodation alone, without close relatives, is often associated with special difficulties. For Legal Aid Lingua, the elderly have had priority in resolving the legal questions. Social protection of the elderly: On 25th January medical-psychological team of LINGVA, sent a letter to the Centre for Social Work, which indicated difficult financial situation of family: MP born in and R.P. born 1934 with the status of displaced persons from Kosovo. Since June 1999, they have been living in informal collective center Vocar in Adrani. The only income that the family has is material support of families, which is realized through the Center for Social Welfare. A letter was sent with the aim of providing one-off financial assistance to meet basic needs of the family. Lingua Letter: CENTER FOR SOCIAL WELFARE Settlement Moša Pijade 28 / A Kraljevo Dear Sir / Madam, Regional Center of Civic Action»LINGVA«Olge Jovičić 24, Kraljevo Tel/fax: 036/ ; 036/ ; forumnvo@ptt.rs Web: Kraljevo, 25 January 2011 We are writing to you regarding the case of the Petrović family which has two members: 1 M. P. (born in 1932) 2 R. P.(born in 1934) They have the status of displaced persons and they have lived in an informal collective center Voćar in Adrani. Life conditions in this collective center are really bad no water or heating. 67

68 The P. family live in a too small, inconvenient room (9 m 2 ). R. suffers from a hard heart disease, with some degenerative changes on her bones and joints making it hard for her to move and take care of herself on her own. Her husband, M. P. also has health problems (imbalance problems), and as a pretty old man cannot earn his living doing the jobs which involve some physical activities. We are addressing to your institution to inform you about the difficulties they have been in for a long time, and to ask if you could possibly provide them with a one-off financial aid whatever it would be. Best regards Radovan Milićević Director R.C.G.A. LINGVA Kraljevo Centre for Social Welfare reacted positively on Lingua request On March 24, 2011 a letter was sent to the Centre for Social Welfare, by a medicalpsychological LINGVA team. Letter pointed out the difficult financial situation of the family consists of two members, Z.M., born in 1938 and V.M., born in They have the status of displaced persons, and since June 1999 they have been accommodated in informal collective center "Old School" in Rocevici. A letter was sent with the aim of providing one-off financial assistance to meet basic needs of the family. Lingua Letter: Civic Action LINGVA Olge Jovičić 24, Kraljevo Tel/fax:036/ ; 036/ ; forumnvo@ptt.rs Web: CENTER FOR SOCIAL METTERS Settlement Moša Pijade 28 / A Kraljevo Dear Sir or Madam, Kraljevo,

69 Vuckovic family consists of two members, Zorka, born in 1938 and Vukoje, born in They have the status of displaced persons, and since June 1999 they have been accommodated in informal collective center "Old School" in Rocevici. The only family income is material support to families, in the amount of 8, dinars. During the regular field visit of the collective center by the medical-psychological and legal Lingva team, it was observed that their health condition deteriorated. Zorka is patient with severe cardiac failure. She has been visually impaired and can not independently take care of herself. Husband Vukoje has ischemic heart disease and after prostate surgery he has been in poor health, unable to perform physical labor in order to obtain the financial resources necessary for life. We are addressing to your institution to inform you about the difficulties they have been in for a long time, and to ask if you could possibly provide them with a one-off financial aid. Sincerely, Radovan Milićević, director Centre for Social Welfare reacted positively on Lingua request

70 2.3. Overview of services The Legal Office of Lingua offered the services of legal aid and legal advices to displaced persons and refugees, as well as to local social vulnerable people which are settled in collective centers and private housing. These are people with territory of Kraljevo, and Trstenik, Vrnjacka Banja, and there were those who emerged on certain issues and in other places in Central Serbia. 70

71 Legal aid for period July 2010 June 2011 Indicator 1 No of beneficiaries Legal field who realized their rights 1. Providing legal assistance in collective centers Providing legal assistance in Lingva centre 832 Indicator 2 No of legal cases solved 3. Realization of rights to personal documents Realization of right to work and right of unemployed 5. The right to claim at KAP in the privatization of social and public enterprises in Kosovo 6. Realization of social rights, MOP, child benefit, help and assistance 7. Realization of rights from the fund for pension and disability insurance of employed and other rights 8. Realization of rights regarding various legal issues Legal aid and legal advices given to elderly and ill people Total (from 3 do 9) Direct beneficiaries Suggestions, information and initiatives for problem solving, submitted to the competent authorities 12. Replies by the competent authorities to the proposals, information and initiatives addressed by LINGVA " 13. Held meetings and conducted discussions with representatives of local authorities and government bodies Legal advice was provided by a variety of legal matters, Total:

72 3. Conclusions and recommendations 3.1. It is essential that the competent authorities facilitate the procedure that is required when obtaining personal documents, including birth certificates, identity cards and employment records, to enable IDPs to exercise their economic, social and cultural rights and that these request should be received through regular and . In the process of subsequent registration or renewal of Public Records and citizens records as well as determining the facts form the Records and determining citizenship, it is necessary to act on these requests by official duty and transfer the burden of obtaining and presenting evidences is fully transferred to the Administration body. In dealing with the issue of clash of jurisdiction between Administrative body and Courts, to take into account the interests of the parties and principle of process economy should be applied. In this regard the competent Ministries should propose correction of the existing legislations in the administrative procedure or in appropriate court procedure during procession on determining the facts from the Public records It is necessary for the state bodies to take all the measures in order to provide minimum conditions for adequate lodging for IDPs and refugees, as well as person returnees from the readmission, respecting the special needs of disabled and ill persons, elderly, and children as well as to meet basic safety and hygiene-medical conditions. For all persons forced migrants placed in collective centers by 72

73 Commissariat for Refugees, regardless if they are registered or unregistered, to provide equal treatment in approach to the programmes directed to the improvement of their social-economical situation and equal right for lodging and usage of social lodging programmes To provide, thorough national employment services, priority in employment and approach to employment programmes and self-employment of IDPs, refugees and returnees, especially when it comes to families where no one is employed. During the implementation of Strategy for reducing poverty and upholding national plans of implementation actions of decade for Roma implementation, to ask special measures to be taken in order to tamper the poverty level among Roma To the IDPs, refugees, placed in collective centers, it is necessary to free of administrative fee/tax or lower the expanses in procedure of obtaining personal documents as for beneficiaries and potential beneficiaries of social welfare; Apart from that, to provide free legal assistance for IDPs, refugees and readmission returnees and socially endangered local population and marginalized and vulnerable groups To provide universal approach to the affordable basic health care, for example, by increasing number of family doctors and health care centers locally It is necessary to take effective measures and improve school attendance among Roma children and children of other ethnic minorities, as well as children of refugees and IDPs with increase of amount of MOP for families with school children and providing free school books and school items It is necessary that the Government of the Republic of Serbia provides reopening of the office of the Kosovo Property Agency in Serbia, in order to provide easier access for IDPs in the realization of their property rights and the rights in the privatization of enterprises in Kosovo To start an initiative which to supports both organized return and individual, supported by the Government of the Republic of Serbia and the Government of Kosovo To provide freedom and right to integration within the Republic of Serbia for IDPs, by creating transparent programs of integration To make its attitude towards non-participation of Serbian community in work of Kosovo's institutions more flexible, and to insist on participation of Serbs and non- Albanians in local services' work in environments of particular importance for development and sustainability of return. 73

74 3.11. To recommend and create more joint documents on sustainability of return to Kosovo, in order to offer solutions for concrete problems in a better and more efficient way It is essential that the Government of the Republic Serbia insists on mutual dialogue with Kosovo institutions and agencies, on all matters and at all levels of government 4. List of Abbreviations 1. UN- The United Nations 2. UNMIK- The United Nations Interim Administration Mission in Kosovo 3. UNHCR- The Office of the UN High Commissioner for Refugees 4. UN HABITAT- The United Nations Human Settlements Programme 5. IDPs- Internally displaced persons 6. CC- Collective Centre 7. JMBG- Unique Master Citizen Number 74