Analysis of the Situation of Internally Displaced Persons from Kosovo in Serbia: Law and PracticeMarch 2007
2 Table of Contents Executive Summary (including the list of all Recommendations) 3 Chapter I: Background 10 Purpose of the Study 10 Overview of History and Problems Encountered by IDPs 11 Chapter II: Legal Framework 14 International Law 14 Constitutional and Legislative Framework 14 Institutional Framework 15 Policy Framework 16 Chapter III: Problems Facing Internally Displaced Persons 18 Documentation 19 Registering residence 30 Accommodation 31 Health 32 Education 34 Employment35 Pensions 37 Chapter IV: Internally Displaced Persons’ Communities 39 RAE IDPs 39 Rejected Asylum Seekers forcibly returned from Western Europe 45 Chapter V: Conclusion 46 Annexes 47 Annexe 1 Guiding Principles on Internal Displacement Annexe 2 List of Relevant International Instruments to which Serbia is a Party Annexe 3 IDPs in Serbia (excluding Kosovo) – Map Annexe 4 IDPs in Serbia (breakdown by municipalities of origin) – Statistics Annexe 5 IDPs in Serbia (breakdown by ethnicity) – Statistics Annexe 6 RAE IDPs in Serbia – Map Annexe 7 UNHCR Position on the Continued International Protection Needs of Individuals from Kosovo Annexe 8 Parliamentary Assembly of the CoE – Recommendation No 1633
3 Executive Summary (including Findings & Recommendations) Executive SummaryThis report updates the “Analysis of the Situation of Internally Displaced Persons from Kosovo in Serbia and Montenegro: Law and Practice” produced by the Inter-agency IDP Working Group in October 20051. It has been prepared through a joint effort of UNHCR and Praxis2and has been endorsed by a number of international organizations and international and local NGO’s involved on a daily basis in IDP work. The report is addressed to the Government of Serbia, as well as to the municipal authorities and other actors that have the capacity to create for IDPs dignified and humane living conditions while in displacement. It no longer addresses the situation of displaced persons from Kosovo residing in Montenegro, given the dissolution of Serbia and Montenegro in May 20063. As in the previous reports of the Working Group, this updated document reviews and analyses the legislative and institutional framework concerning the situation of internally displaced persons (IDPs) in Serbia. Taking the rights and needs of IDPs as a starting point, the aim of the Analysis is twofold: to identify gaps in the system and to recommend solutions. Despite the numerous recommendations of the WG in 2004 and 2005, most of the problems faced by IDPs in Serbia and Montenegro remain unresolved. The WG continues its work today with the participation of more than fifty organizations. The analysis and findings of this update report are based on the research and experience of its members and those of other stakeholders dealing with IDPs.