Poland
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of speech and press, and the government generally respected these rights.
Freedom of Expression: The law prohibits hate speech, including the dissemination of anti-Semitic literature and the public promotion of fascist, communist, or other totalitarian systems, and intentional offense of religious feelings.
Violence and Harassment: On February 14, the Katowice regional prosecutor’s office discontinued its investigation into Piotr Wacowski, a cameraman for private television news channel TVN, who was suspected of propagating fascism. The case was related to an investigative report by the journalist showing members of the Pride and Modernity Association dressed in Nazi uniforms and celebrating Hitler’s birthday in 2017. The prosecutor’s office stated it could find no evidence Wacowski had committed a crime.
Censorship or Content Restrictions: The constitution prohibits censorship of the press or social communication. Nevertheless, laws regulating broadcasting and media prohibit, under penalty of fines, license revocation, or other authorized sanctions, the promotion of activities endangering health or safety, or the promotion of views contrary to law, morality, or the common good. The law also requires that all broadcasts “respect the religious feelings of the audiences and, in particular, respect the Christian system of values.”
Critics alleged persistent progovernment bias in state television news broadcasts.
Libel/Slander Laws: Defamation by print and broadcast journalists is a criminal offense and includes publicly insulting or slandering the president, members of parliament, government ministers and other public officials, the Polish nation, foreign heads of state and ambassadors, private entities and persons, as well as insult or destruction of the national emblem, the flag, and other state symbols. Defamation outside the media is punishable by a fine and community service. The courts rarely applied maximum penalties, and persons convicted of defamation generally faced only fines or imprisonment of less than one year. The maximum sentence for insulting the president is three years’ imprisonment.
The Helsinki Foundation for Human Rights and the Association of Polish Journalists reported that journalists convicted of defamation had never received the maximum penalty. According to the association, however, the criminal defamation law may have a chilling effect on journalists, especially in local media, since local authorities may use the law against journalists. Media owners, particularly of small local independent newspapers, were aware that potentially large fines could threaten the financial survival of their publications. According to Ministry of Justice statistics for 2018, the most recent data available, courts convicted one person of insulting the president and three persons for insulting constitutional organs of the government. In 2018 the courts fined two persons for public defamation through media using the public prosecution procedure, when a private person presses criminal charges against another person. In 2018 there were 116 convictions for criminal defamation through media using the private prosecution procedure.
On November 26, the Katowice District Prosecutor’s Office discontinued its prosecutorial investigation into a historian, stemming from a 2015 newspaper interview where the historian alleged that Poles killed more Jews than Nazis in occupied Poland during World War II. The Katowice District Prosecutor’s Office stated it was not its role to settle issues of an historical nature.
On February 12, the Lodz District Court fined investigative reporter Wojciech Biedron 3,000 zloty ($762) on charges of public insult of a judge for inaccurately reporting that a court had initiated disciplinary proceedings against the judge. Several journalists criticized the judgment as overly harsh and disproportionate to the offense.
The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications or email without appropriate legal authority. The 2016 antiterrorism law authorizes the ABW to block websites without a prior court order in cases relating to combating, preventing, and prosecuting terrorist crimes; shut down telecommunications networks when there is a terrorist threat; and conduct surveillance of foreign nationals for up to three months without a court order. During the year there were no reports by media or NGO sources that the ABW blocked websites.
The law against defamation applies to the internet as well.
There were no reports of government restrictions on academic freedom or cultural events.
The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The 2015 antiterrorism law permits restrictions on public assemblies in situations of elevated terrorist threats. During the year there were no cases of the prohibition of a public assembly due to an elevated terrorist threat.
In December the Warsaw District Prosecutor’s Office decided to discontinue its investigation into an attack on counterdemonstrators during the November 2017 Independence March. The office stated that continuing the case was not in the public interest and that it was unable to identify the perpetrators of the attack. On February 13, the Warsaw Regional Court struck down an earlier decision by the Warsaw District Prosecutor’s Office to discontinue the investigation and ordered the office to reopen the case. The Prosecutor’s Office had previously asserted the attackers’ intention was to show dissatisfaction and not to physically harm the 14 counterdemonstrators they confronted.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The constitution and the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. In addition to guarded centers for foreigners, the government operated 11 open centers for asylum seekers with an aggregate capacity of approximately 2,000 persons in the Warsaw, Bialystok, and Lublin areas.
Abuse of Migrants, Refugees, and Stateless Persons: Some incidents of gender-based violence in the centers for asylum seekers occurred, but UNHCR reported that local response teams involving doctors, psychologists, police, and social workers addressed these cases. UNHCR reported no major or persistent problems with abuse in the centers.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.
On April 17, the Helsinki Foundation for Human Rights, a Warsaw-based NGO, published a report criticizing the government for restricting access to the asylum procedure. The report covered the situation on the country’s eastern border between 2015 and 2019 and stated the Border Guard at times arbitrarily refused the right to submit an application for international protection at border crossing stations.
Safe Country of Origin/Transit: The EU’s Dublin III Regulation, to which the country is subject, recognizes all EU countries as safe countries of origin and transit. The regulation also authorizes the governments of EU member states to return asylum seekers to the countries where they first entered the EU. The law permits denial of refugee status based on safe country of origin or safe country of transit but includes provisions that allow authorities to consider the protection needs of individuals in exceptional cases.
Freedom of Movement: Authorities placed some asylum seekers in guarded centers for foreigners while they awaited deportation or decisions on their asylum applications. Border guards may place an individual in a guarded center only by court order. The law prohibits the placement of unaccompanied minors younger than 15 in guarded centers. Border guards typically sought to confine foreigners who attempted to cross the border illegally, lacked identity documents, or committed a crime during their stay in the country.
Employment: Asylum seekers are not allowed to work during the first six months of the asylum procedure. If the asylum procedure lasts longer than six months, they may work until the asylum decision is final.
Access to Basic Services: Asylum seekers faced language and cultural barriers and had limited access to higher education. Children in centers for asylum seekers had free access to public education, but those placed with relatives in guarded centers for foreigners did not.
Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees.
The law affords the opportunity to obtain nationality. The UNHCR report noted, however, that the government’s lack of a formal procedure of identifying stateless persons led to protection gaps and exposed stateless persons to many negative consequences, including detention.
The UNHCR report noted several problems resulting from stateless status, including the inability to undertake legal employment or to access social welfare and health care. Stateless persons often lack identity documents, which limits their ability to perform many legal actions, such as opening a bank account or entering into a marriage. According to UNHCR, such problems made this group particularly vulnerable to poverty and marginalization.
Portugal
Section 2. Respect for Civil Liberties, Including:
The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The law criminalizes the denigration of ethnic or religious minorities, as well as Holocaust denial, as an offensive practice. Prison sentences for these crimes run between six months and eight years.
The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.
There were no government restrictions on academic freedom or cultural events.
The constitution and law provide for the freedoms of assembly and association, and the government generally respected these rights.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
Abuse of Migrants, Refugees, and Stateless Persons: According to NGOs and media reports, authorities kept in detention some asylum seekers who submitted their applications for international protection at border points. If asylum seekers appeal a negative decision, they can await the decision in housing provided by the Portuguese Refugee Council (CPR), the Social Emergency Bureau of Lisbon’s Holy House of Mercy (almshouse), or the Salvation Army’s shelter center.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.
Safe Country of Origin/Transit: The government considers all other EU countries to be safe countries of origin or transit. It returned asylum seekers to their country of entry into the EU for adjudication of their applications.
Durable Solutions: The government fulfilled its commitment and received refugees under the EU’s relocation plan for refugees who entered the EU through Greece and Turkey. It offered naturalization to refugees residing within the country’s territory, and other durable solutions such as the right to work, education, access to healthcare, and housing support.
Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees, and provided subsidiary protection to 405 persons in 2018, according to SEF’s 2018 Immigration, Borders and Asylum Report.
Serbia
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of expression, including for the press, but threats and attacks on journalists, a lack of transparency of media ownership, and the oversized role of the state in the country’s oversaturated media sector undermined these freedoms. Independent observers claimed the trend of decreased media freedom continued, and Reporters without Borders rated the country’s media environment unsafe early in the year, noting it “has become a place where practicing journalism is neither safe nor supported by the state.” During the year Freedom House downgraded its assessment of the country’s media environment from free to partially free. Unbalanced media coverage and a large volume of fake, misleading, or unverified news stories continued to threaten the ability of citizens to participate meaningfully in the democratic process.
Press and Media, Including Online Media: Independent media were active but were limited in their ability to express a wide variety of views by the oversaturation of the media market and government support of progovernment outlets. The media market was oversaturated with more than 2,000 registered outlets, many of which were not profitable. The government accounted for between one-third and one-half of the country’s annual media revenues of 420 million euros ($460 million), the majority of this through collection of a service tax and funding of the public broadcasters, according to a foreign development aid agency’s analysis. According to a 2018 study by Reporters without Borders, government ministries and state-owned enterprises were collectively the biggest advertisers in the country, allowing the government to use its purchasing power to support progovernment editorial content and stifle critical viewpoints. Media association representatives claimed the government’s role was far larger than the numbers indicated because private firms that purchased advertising patronized outlets that published progovernment content to appease the government. Watchdog organizations believed the media market was too saturated for outlets to be financially viable without government support or access to government advertising contracts.
Television was the most influential media format due to concentration of viewership and popularity. There were five national terrestrial television-broadcasting licenses in Serbia. This concentration and dependence on government advertising monies strongly benefited incumbents during election periods and made it difficult for opposition leaders to communicate with potential voters. The largest distributor of paid media content was United Group, which controlled more than 50 percent of the broadband (cable) market, followed by Telecom Serbia, a majority state-owned firm with more than 25 percent of the market. Both firms were vertically integrated and controlled production and distribution of the media content, as well as physical infrastructure.
Independent journalists and outlets continued to operate several independent newspapers, albeit with low and declining circulation. Tabloids remained popular but regularly published incorrect or unverified information. Many of these stories defamed political leaders of opposition parties. These stories were often presented in a false or misleading headline on the cover page. A report published on August 15 by the Crime and Corruption Reporting Network (KRIK) indicated the progovernment tabloid Informer published 150 fake, unfounded, or unverifiable news items from January through June. Another tabloid, Alo, published 115 such stories, while Srpski Telegraf printed 94 and Kurir printed 60. In addition to fabricating stories, the same papers showed a clear progovernment bias. The report noted that these four publications routinely reported negatively on opposition parties, antigovernment protests, and neighboring countries.
Violence and Harassment: The law prohibits threatening or otherwise putting pressure on public media and journalists or exerting any other kind of influence that might obstruct their work. Between January and August, the Independent Journalists’ Association of Serbia reported 85 cases in which journalists had been attacked, threatened, or exposed to political pressure. The attacks included vandalism, intimidation, and physical assaults. In one example, in December 2018 two assailants ignited the home of Milan Jovanovic while he and his spouse slept inside. The couple narrowly escaped the blaze through a rear window. Jovanovic worked as an investigative journalist for a local news outlet in the Belgrade suburb of Grocka that reported on local corruption. Dragoljub Simonovic, mayor of Grocka and an official of the ruling Serbian Progressive Party (SNS), was indicted for ordering the arson attack. The trial was underway as of October; hearings were delayed three times due to defense attorneys not appearing before the court with the defendant.
Spontaneous violence and threats against journalists also occurred and demonstrated the willingness of nationalistic groups to echo the rhetoric of political leaders while perpetrating violence. On August 28, a television crew and correspondent covering the placement of a Yugoslav-era military tank outside a soccer stadium were attacked by a mob who reportedly tried to break their equipment and called them “spies,” “thieves,” and “American mercenaries.”
Harassment by government officials was often targeted at news organizations. The law provides for punishment of defamation against individuals but not against organizations or groups. N1 television was a frequent target of government criticism; staff reported receiving death threats at N1’s studio. Cable provider Serbia Broadband (SBB) was subject to intense criticism from government officials. Belgrade deputy mayor Goran Vesic engaged in a prolonged spat with SBB in which he repeatedly claimed that its cable equipment was incorrectly installed. SBB insisted that it had licensing agreements for all of its equipment. SBB reported a deluge of threats of vandalism of its installed equipment in response to Vesic’s comments. Harassment of individual journalists often intensified following publication of stories that embarrassed ruling party officials. After Balkan Insight (BIRN) published photographs of President Vucic’s brother meeting with a suspected organized crime figure, a video of BIRN editor Slobodan Georgiev called “How to Recognize a Traitor” was published on social media. Progovernment media outlets also published content critical of independent media outlets. In late 2018, for example, the weekly Ilustrovana Politika published an issue with an image of a growling guard dog in front of the covers of three of the leading opposition-leaning newspapers titled “The Hounds Have Been Released,” in an image that was widely interpreted as inciting attacks on the outlets.
Watchdog organizations also noted that past killings of several journalists were yet to be resolved, including those of Dada Vujasinovic (1994) and Milan Pantic (2001). In April, four former members of the security apparatus were sentenced to 100 cumulative years of detention for their role in the 1999 murder of Slavko Curuvija. Media watchdogs welcomed the verdict but remained concerned that no high-level officials had been indicted for ordering the assassination and that the series of delays that led to a 20-year delay in justice had not been addressed.
A 2018 study by the Slavko Curuvija Foundation, Media Freedoms and Control: Journalists’ Testimonies, found that 74 percent of the country’s journalists believed “there [were] serious obstacles to exercising media freedoms” or that they had no media freedom at all. Nearly two-thirds of journalists interviewed believed the political establishment had the strongest influence over the media community.
Censorship or Content Restrictions: There were reports that the government actively sought to direct media reporting on a number of issues. Economic pressure sometimes led media outlets to practice self-censorship, refraining from publishing content critical of the government, based on a fear of government harassment or economic consequences, according to media association representatives.
Direct funding to media outlets by the state was distributed in an opaque manner that appeared to support media outlets loyal to the ruling party rather than to bolster independent journalism. According to a 2018 report from the Center of Investigative Journalism of Serbia, the progovernment tabloids Srpski Telegraf and Informer were granted approximately 23.05 million dinars ($222,000) by the government, notwithstanding their frequent breach of the country’s Code of Journalism. Meanwhile, the daily newspaper Danas, the weekly news agency Beta, the weekly Novi Magazin, and the Media Center of the Independent Association of Journalists of Serbia–none of which had ever received even a sanction or warning from the press council–did not receive state funding. The report concluded, “The situation is completely clear: progovernment media obtain money at state-run contests.” Public funds were also directed to profitable private media outlets that regularly published progovernment content. The Center for Investigative Journalism Serbia reported that Pink International, TV Pink’s corporate parent, received loans in excess of 10 million euros ($11 million) from the Serbian Export Credit and Insurance Agency in 2014, plus assurances of another 2.5 million euros ($2.8 million). In 2017 it reportedly received another loan of 3.2 million euros ($3.5 million) from the same agency.
Government representatives continued to receive far more media coverage than opposition politicians. The law mandates equal coverage during campaign periods, but the Regulatory Authority of Electronic Media (REM) often considered campaign-style rallies by government officials to be official activities and therefore outside the scope of this law. Opposition leaders and civil society activists contended that REM did not pursue its mandate effectively and continually sided with the ruling party, ensuring an unfair media environment before, during, and after electoral campaigns, effectively denying the political opposition access to the media.
Nongovernmental Impact: During the year several media outlets published articles that accused numerous journalists, NGO activists, and independent institution representatives of being “traitors” to the country and attempting to overthrow the constitutional order. In 2018 a representative of the Security Intelligence Agency speaking at a conference explained that one of the most intense threats to the country came from foreign agents in opposition political parties, civil society, and some parts of the media. The Center for Euro-Atlantic Studies (CEAS) was a frequent target of verbal attacks by convicted war criminal and Member of Parliament Vojislav Seselj. Following these remarks, CEAS claimed to have received written threats calling organization members “traitors, bastards, and degenerates” and telling them to leave the country. NGOs and their employees received frequent threats; these threats often mirrored or amplified the rhetoric employed by public figures on social media and were often targeted by distributed denial of services attacks to take their websites offline.
There were no reports that the government restricted or disrupted access to the internet, monitored private online communication without appropriate legal authority, or censored online content.
Although the internet remained unrestricted, the law obliges telecommunications operators to retain certain data for one year, including the source and destination of a communication; the beginning, duration, and end of a communication; the type of communication; terminal equipment identification; and the location of the customer’s mobile terminal equipment. While intelligence agencies can access this metadata without court permission, the law requires a court order to access the contents of these communications.
There were no government restrictions on academic freedom or cultural events.
The law provides for the freedoms of peaceful assembly and association, but the government limited these rights in some cases.
In March, CIVICUS, a global alliance of civil society organizations and activists, added the country to its watchlist of countries where civic freedoms were under serious threat. In April, 20 NGOs signed the platform “Three Freedoms for Preserving the Space for Civil Society in Serbia” in order to protect and promote freedom of assembly, association, and information. The platform registered 19 separate cases of alleged violations of freedom of assembly and 18 of freedom of association between March and July.
The constitution provides for the freedom of assembly, and the government generally respected the right. The law obliges protesters to apply to the police for a permit, providing the exact date, time, and estimated number of demonstrators. Police generally issued a permit if a protest was not likely to disturb the public or public transportation; otherwise, police consulted with city authorities before issuing a permit. Higher-level government authorities decided whether to issue permits for gatherings assessed as posing high security risks.
Large assemblies, including antigovernment protests, occurred throughout the year. The law on public assembly was updated in 2016; civil society organizations opposed the law because it establishes penalties and fines for organizers of unauthorized assemblies, to a point where organizations considered it overly restrictive of the right to free assembly established in the country’s constitution. The law gives the government broad authority to identify organizers and impose misdemeanor sanctions or fines against individuals or organizations. The EC’s 2019 report on the country noted that while the laws on freedom of assembly are generally in line with EU standards, the country lacked secondary legislation to implement fully the law on freedom of assembly.
The constitution provides for the freedom of association, and the government generally respected this right.
All companies continued to pay mandatory annual membership to the Serbian Chamber of Commerce. In 2017 the Association for Protection of Constitutionality and Legality filed a complaint with the Constitutional Court, asserting that mandatory membership was against the constitution. During the year the Constitutional Court ruled that mandatory membership in the chamber was constitutional.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
The law provides protection to Internally Displaced Persons (IDPs) in accordance with the UN Guiding Principles on Internal Displacement, but implementation fell short in some areas. According to data from the Serbian Commissariat for Refugees and Migration (SCRM), 198,545 displaced persons from Kosovo resided in the country in 2018. These displaced persons were predominately Serbs, Montenegrins, Roma, Egyptians, Ashkali, Gorani, and Bosniaks who left Kosovo, then an autonomous province of Yugoslavia, because of the 1998-99 war. Of these displaced persons, SCRM considered more than 68,000 extremely vulnerable and in need of assistance, which meant they met one or more of UNHCR’s vulnerability criteria. This included households that had income below the poverty line; persons living in undignified conditions; persons with mental or physical disabilities; single parents; and elderly persons, women, and children or adolescents at risk.
According to research by the Office of the UN High Commissioner for Refugees (UNHCR), the 20,000 displaced Roma were the most vulnerable and marginalized displaced population in the country. The most vulnerable lived in informal settlements without access to basic infrastructure, electricity, water, and sanitation and were in constant fear of forced evictions. Internally displaced Roma had a 74 percent unemployment rate, and 98 percent of displaced Romani households were unable to satisfy basic nutritional needs or pay for utilities, health care, hygiene, education, and local transport. According to UNHCR, almost 90 percent of displaced Roma lived in substandard housing, and the vast majority had not been able to integrate into society or return home. The Romani communities were mostly in urban areas; some of the most vulnerable were in the informal settlements Cukaricka Suma in Belgrade, Veliki Rit in Novi Sad, and in other urban areas.
According to the SCRM, over the past 18 years, the government, supported by the international community, implemented measures and activities related to the reception and care of displaced persons from Kosovo to provide adequate living conditions. SCRM’s research stated that more than 4,700 housing units, generally defined as living spaces for one family, were provided. It was not clear how many of these units were provided to displaced Roma, who often did not identify themselves as Roma.
While government officials continued to state publicly that displaced persons from Kosovo should return, senior government officials also claimed that it was unsafe for many to do so. In addition, the new regulation on return of displaced persons and durable solutions required IDPs to apply with the municipalities to which they were returning, in addition to registering through the UNHCR registration process.
To assist refugees from Croatia and Bosnia and Herzegovina as well as displaced persons from Kosovo, the government continued to implement its 2002 National Strategy on Refugees and Internally Displaced People, which was slated to continue until 2020. The strategy was not comprehensive and failed to provide the technical and financial capacity to ensure durable solutions for displaced persons. Some progress was made within the Skopje Process, under which the governments of Serbia, Macedonia, Montenegro, and Kosovo identified security, property, data management, documentation, and solutions planning as the issues to be resolved and agreed on actions that needed to be taken. The adoption and implementation of these actions, however, were still pending. UNHCR stated the government was signaling a shift from its previous return-only approach and expressing interest in expanding an existing Regional Housing Program to support displaced persons from Kosovo to either return to Kosovo or integrate into the community in their areas of displacement.
During the year the government provided 288 housing units (192 building material packages and 96 village houses) and 165 income-generation packages to displaced persons. Local NGOs and international organizations provided additional housing, economic assistance, and free legal assistance for civil registration, resolution of property claims, securing work rights, and obtaining personal documents.
The housing situation of many displaced persons remained a source of concern. Many of the more than 68,000 extremely vulnerable displaced persons from Kosovo lived in substandard private accommodation. The Commissariat for Refugees and Migration reported 72 displaced persons from Kosovo (all of whom were Roma) remained in the so-called “Salvatore” collective center in Bujanovac, a minimally habitable facility originally constructed for only temporary accommodation. These individuals were particularly marginalized and, according to UNHCR, did not have access to social assistance or economic empowerment programs. An additional 629 displaced persons continued to live in 22 informal collective centers scattered throughout the country; these centers were not funded by the state.
Refoulement: Humanitarian organizations noted the government lacked the resources and expertise to provide sufficient protection against refoulement. Various press and humanitarian reports indicated that authorities pushed back irregular migrants without screening them to see if they were seeking asylum. In the first half of year, according to reports provided by UNHCR field staff and partners, 1,022 persons were apprehended and prevented from entering the country’s territory across land borders (48 percent occurred at the border with North Macedonia and 38 percent at the border with Bulgaria). This represented a 350 percent increase in apprehensions, compared to 2018. In addition, according to information attributed to the Ministry of Interior, 1,186 denials occurred at the Belgrade Nikola Tesla Airport, representing a significant increase, compared with 2018 (771 denials). There were unconfirmed reports that potential asylum seekers arriving at the Belgrade Nikola Tesla Airport, for instance Kurds from Turkey, may be sent back on the next flight. Concerns regarding the practice of the border authorities at the Belgrade International Airport were also expressed in the report of the UN special rapporteur on torture, who noted a number of problems regarding access to the asylum procedure and the conduct of the border authorities at the airport.
The government’s Mixed Migration Group was inactive during the year and did not deliberate on any of the issues in its portfolio or communicate the number of illegal entries prevented.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for giving protection to refugees. The Asylum Office within the Ministry of Interior is responsible for implementing the system but lacked the capacity, resources, and trained staff to do so effectively.
The law provides procedural guarantees to asylum seekers and outlines procedures pertaining to refugee children. It recognizes a range of grounds for granting international protection, including gender-based violence and sexual orientation.
According to UNHCR, the law does not meet international standards by providing for judicial review early in the asylum proceedings or containing safe third country and safe country of origin provisions that align with international standards. Provision of free legal aid to asylum seekers and interpretation services (as basic procedural guarantees) in the asylum procedures was dependent on international funding.
The intention to seek asylum was expressed by 1,061 children, 355 of whom were unaccompanied by their parents or guardians. UNHCR estimated that most of the unaccompanied children did not have adequate protection services due to the government’s lack of capacity. The country lacked quality guardianship protection and appropriate models of alternative child care. The Ministry of Labor, Employment, Veterans, and Social Policy was responsible for three institutions for unaccompanied migrant children with a total capacity of 45 beds, and two additional institutions run by NGOs had a total capacity of 30. Most unaccompanied minors were accommodated in the asylum center Krnjaca in Belgrade and Sjenica in inadequate conditions and without adequate guardian care.
The government had the capacity to accommodate approximately 6,000 persons in the 18 state-run asylum and reception centers, three of which were closed in 2018 due to a decline in asylum seekers from 2017. In January, 4,200 migrants were living in reception and asylum centers in the country; by August the number had fallen to 2,500.
Safe Country of Origin/Transit: Since the adoption of the new asylum law in 2018, the first country of asylum and safe third country concepts had not been applied by the Asylum Office. According to UNHCR, authorities assessed each case on its individual merits but did not automatically apply these provisions.
In one example, the Asylum Office issued a positive decision in May for an Afghan citizen who applied for asylum in March. Rather than apply the safe country of origin or transit concept, the Asylum Office found the applicant, who transited Bulgaria, was at risk of persecution in his country of origin based on his ethnicity and membership in a social group. The asylum seeker had been a target of the Taliban’s verbal and physical assaults because he worked in various ministries in Kabul and because he was an ethnic Tajik. In addition, before arriving in Serbia, the asylum seeker was in Bulgaria, which the Asylum Office considered a “safe country of transit.” The Asylum Office accepted his claims that he could not apply for asylum there because he was under constant surveillance by a group of smugglers, who controlled his movements and prevented him from approaching Bulgarian asylum officials. Since he could not contact the relevant Bulgarian authorities, the Asylum Office decided to review the facts of relevance to his asylum application, rather than apply the safe third country concept.
Employment: Asylum seekers have the right to work nine months after an asylum application is submitted. Employment is also available once an applicant is recognized as a refugee at the end of the country’s refugee determination process.
Access to Basic Services: Asylum seekers, migrants, and refugees have the right to access health and education services, although barriers including language and cultural differences limited access.
Durable Solutions: The government provided support for the voluntary return and reintegration of refugees from other countries of the former Yugoslavia. Those who chose the option of integration in Serbia rather than return to their country of origin enjoyed the same rights as citizens, including access to basic services such as health care and education, and had access to simplified naturalization in the country; they did not have the right to vote unless their naturalization process was complete.
Together with Bosnia and Herzegovina, Croatia, and Montenegro, the country participated in the Regional Housing Program to provide housing for vulnerable refugee families who had decided to integrate into their countries of residence. During the year, 1,303 housing units were provided in Serbia.
For refugees who originated from countries outside the former Yugoslavia, refugee status did not provide a pathway to citizenship. The government provided integration assistance that included financial assistance for accommodation for a period of one year and obligatory Serbian language courses. Despite harmonization of by-laws providing for individualized integration plans, which UNHCR considered a good model, coordination between relevant line ministries remained insufficient.
Temporary Protection: The government made no decisions on temporary protection during the year.
According to UNHCR, an estimated 2,050 persons, primarily Roma, Balkan Egyptians, and Ashkali, were at risk of statelessness in the country; approximately 300 of these remained without birth registration. The country has laws and procedures that afford the opportunity for late birth registration and residence registration as well as the opportunity to gain nationality. Children whose parents lacked personal documents (identification cards) could not, however, be registered into birth registry books immediately after birth, creating new cases of persons at risk of statelessness.
Poverty, social marginalization, lack of information, cumbersome and lengthy bureaucratic procedures, difficulty in obtaining documents, the lack of an officially recognized residence, and the lack of birth registration limited the ability of those at risk of statelessness to gain nationality. The Romani population was in need of legal assistance in the civil registration procedure, obtaining documentation, and the procedures for acquisition of nationality needed to access basic socioeconomic benefits of citizenship and be fully included into society.
Due to existing regulations, children of undocumented parents can be without birth registration for upwards of a year. Until they are registered, children remain legally invisible, at risk of statelessness, and deprived of access to numerous rights, such as health care and social protection.