The number of people at risk of statelessness in the population living in informal settlements in the Republic of Serbia has decreased by little over 1100 which is a significant progress by 42 percent as compared to 2015 reads the latest survey by the Office of the UN High Commissioner for Refugees (UNHCR) “Persons at risk of statelessness in Serbia –overview of the current situation and way forward”.

Today, the UNHCR, the Ministry of State Administration and Local Self Government and the Protector of Citizens of the Republic of Serbia presented the results of cooperation in rooting out the risks of statelessness in Serbia, as well as the results of legislative changes implemented to prevent the reemergence of statelessness. The survey was conducted by CeSid Agency in the period from October to November 2020.

Statelessness affects the most endangered Roma in Serbia. The UNHCR has been working with vulnerable internally displaced and domicile Roma who have not been registered into the birth registry books or have had no documents since 2004.

Recognizing the need for a joint, multisector approach, the UNHCR signed in 2012 the first tripartite Agreement on Understanding with the Ministry of Local Administration and Local Self-Government and the Protector of Citizens of the Republic of Serbia. This initiative led to essential legal changes that resulted in decreasing the number of people at risk of statelessness. In 2019, the signatories signed the second Agreement on Understanding in order to address the remaining problems in this area.

UNHCR funded conducting the survey on statelessness in order to gather data on the Roma, Ashkali and Egyptians (RAE) in Serbia who have been living in informal settlements all around country. The survey was conducted on a sample of 1807 households (9248 people) and showcased 253 people without a registered fact of birth; 275 people whose citizenship of the Republic of Serbia has not been confirmed; 1032 people without ID card; and 2072 people who do not have registered residence or domicile.

The Protector of Citizens determined that for five years the City Social Welfare Center has been taking care of a child born with grave health concerns and left in the hospital immediately after birth by the parents who challenged DNA analysis results, which was why the Institution had launched the investigation to control work regularity and legality of the competent authorities.

In late March 2021, after learning from the media about a suspicion that one family had their baby replaced in Belgrade maternity hospital in 2016, the Protector of Citizens initiated own-initiative investigation to control work regularity and legality of GAK Narodni Front in Belgrade, Institute of Forensic Medicine of the Medical Faculty in Belgrade, the Ministry of Health and the Ministry of the Interior of the Republic of Serbia.

The documents that the competent bodies submitted to the Protector of Citizens indicate, inter alia, that the child was born with severe health concerns in June 2016 and that the parents, due to the different number of mother and baby health surveillance protocols, requested a DNA analysis. Narodni Front Hospital informed the Protector of Citizens that the protocol of mother's delivery and the protocol of the newborn were specific numbers kept in the health institution and that they did not have the same numbers.

DNA analysis performed by the Institute of Forensic Medicine of the Medical Faculty in Belgrade was delivered to parents with technical errors deepening their suspicions of parenthood. According to the competent authorities’ report, the wrong time of the child's birth and different father’s name that remained on the DNA analysis record next to the name of the child’s father were corrected on the same day and a formal note was drafted about it and sent to GAK Narodni Front.

Considering the dispute over the results of the corrected DNA analysis of the Institute of Forensic Medicine, the mother was discharged from the maternity hospital and left the baby at the Department of Neonatology of the GAK Narodni Front, which the social workers at the clinic were immediately informed about. The mother stated in GAK Narodni Front 15 days later that she wanted the child to be referred to Social Welfare Center accommodation.

The baby has been placed in the Department of Neonatology for 56 days, after which the City Social Welfare Center took over the care of the baby and appointed a temporary guardian via a decision. According to the documentation submitted to the Protector of Citizens, the parents have been completely deprived of parental rights. 

Since the parents challenged the existing result of the DNA analysis of the Institute of Forensic Medicine in Belgrade, the DNA analysis was repeated at their request (DNA from the newborn and parents was taken at the premises of GAK Narodni Front by representatives of a private laboratory, in the presence of a lawyer) and it was identical to the result of DNA analysis of the Institute of Forensic Medicine in Belgrade.

Also, the Ministry of the Interior of the Republic of Serbia submitted to the Protector of Citizens documentation showing that on 21 March 2021, in Zvezdara PS, the child’s father voiced doubts that their child had been replaced in the maternity hospital, and that three days later he expressed the same doubts to police officers in Savski Venac PS. Both formal notes were filed to the Higher Public Prosecutor's Office in Belgrade, and the Ministry of the Interior has stated that so far they have not received the request of this prosecutor's office to gather the necessary information.

Considering the actions of the controlled authorities within its competences, the Protector of Citizens ascertained that in the specific case there were no omissions that would lead to the violation of the rights of the child. When making the decision, the Protector of Citizens took into account that after disputing the original finding of the Institute of Forensic Medicine, the parents were permitted to repeat the DNA analysis and that based on the information of the competent authorities, all subsequent analyzes confirmed the original finding.

Today, the Protector of Citizens additionally requested the Ministry of Education, Science and Technological Development to indicate the legal grounds on which primary and secondary schools in the Republic of Serbia cooperate with the citizens' association "Petnica Research Station", and to state the requirements for allocating the competent Ministry’s financial support to this and other entities engaged in the extracurricular education of children.

In order to protect the rights and best interests of the child, the Protector of Citizens continues to take further activities and measures within its competence in the investigation to control competent bodies’ work regularity and legality launched on 25 June 2021 after media articles on attendees of the Petnica Research Station programs suffering sexual abuse.

The Protector of Citizens has requested the competent ministry to inform him within 15 days on the legal grounds on which primary and secondary schools in Serbia submit to the citizens' association “Petnica RS" a detailed assessment by the subject teacher on students’ achievement, work and preferences , or expert opinion by a school psychologist or pedagogue whenever a child applies for one of the programs implemented by "Petnica RS" association.

The Ministry should also state the legal grounds on which the schools in Serbia inform students about the existence of competitions for programs implemented by "Petnica RS" citizens' association as well as whether other entities engaged in extracurricular education of children and youth have been given the same opportunity.

The Ministry should also submit to the Protector of Citizens the legal grounds according to which schools give their consent and certify with the school seal that the school will justify students’ absences from classes for their participation in " Petnica RS " programs.

The Ministry of Education, Science and Technological Development should also provide the Protector of Citizens with the legal grounds on which schools justify students’ absences from classes if they participate in some of the programs of "Petnica RS”, as well as in what way the Ministry provides support to this citizens’ association for organizing a range of programs intended for primary and secondary school teachers, what the programs are, who they are intended for and who implements them.

In addition, the Protector of Citizens has requested the Ministry to notify him whether and in what amount of money the Ministry supported financially the work of Petnica citizens’ association in the last ten years, and to submit evidence about it and about the manner of controlling the spending of allocated and disbursed funds.

The Protector of Citizens also expects the Ministry to respond whether the approval of financial support to "Petnica RS" and other entities engaged with extracurricular education of children was conditional on the existence of a program to protect children from violence, discrimination, abuse and neglect.

Also, the competent Ministry should state whether and with what amount of money it financially supported the work of other institutions and organizations (regional talent centers, citizens’ association, etc.) that engage in extracurricular education of children and how much money has been paid to them over the last decade, submitting pertinent evidence, as well as the evidence of control over the spending of approved and disbursed funds.

The Protector of Citizens has requested the Ministry of Science, Education and Technological Development to notify him whether they keep a register of entities engaged in extracurricular education of children and if yes, to provide the applicable data.

Today, with a view to protecting the best interests and rights of the child, the Protector of Citizens requested the Commissioner for Information of Public Importance to inspect whether the citizens' association “Petnica Research Station” collected personal data of children and youth, who participated in their programs, in compliance with the Law, and the Institute for the Improvement of Education to submit data on the accreditation status of teachers’ professional development programs organized by that association.

In continuing the investigation to control competent bodies’ work regularity and legality initiated on 25 June 2021 further to media articles about Petnica program participants being sexually abused, the Protector of Citizens has addressed the Commissioner for Information of Public Importance, within the cooperation of the two independent state bodies, over suspicion that in this particular case the rights of children and youth have been violated, including the right to personal data protection.

The Protector of Citizens has requested the Commissioner for Information of Public Importance to inspect whether data gathering and processing, performed via the application form, which the association drafted and posted on its website and the children filled in when applying for one of the programs implemented by "Petnica RS", was in compliance with the Law on Personal Data Protection.

The Protector of Citizens asks the Commissioner for Information of Public Importance whether it is in accordance with the Law to collect data such as economic conditions of the family to assist in child’s additional education, whether and with which insurance organization the student is insured, student photo, mobile and home number.

In addition, the Protector of Citizens asks whether it is in accordance with the Law to gather via forms the data required during the competition, such as names of parents / guardians, vocation and occupation of parents, institutions where parents work, names and occupations of household members, and request for recommendation letters by teachers and school psychologists/ pedagogues.

Within the cooperation between the two independent state bodies, the Protector of Citizens expects the Commissioner for Information of Public Importance to inform him about potential inspections or other activities and measures that he may have taken or intends to take in this case within his remit.

The Protector of Citizens asks the Institute for the Improvement of Education to inform him as soon as possible whether in the period from 2011 to 2021 any of the programs of "Petnica RS" association was among the approved programs of teachers’ ongoing professional development, including which program it is and in what period it was approved.