UNHCR – BPRM Report
Some aspects of CRP/K activities during the period 1 January – 31 December 2007
The RAE Civil Registration
Campaign was initiated by UNHCR, as a project funded and supported by the Bureau
of Population, Refugees and Migration (BPRM). In the year 2007, the
campaign was undertook to facilitate the civil registration of RAE communities’
members in Kosovo; to contribute to increased capacity with municipal and central
level authorities to address the risk of statelessness and lack of documentation
especially among RAE communities through advocacy and support; and to strengthen
awareness and practice in RAE communities about procedures, obligations and rights
related to registration.
The activities necessary to fulfill such
commitments were the following:
Out-reach
– CRP/K has signed an MoU with RADC, based on which, RADC would identify
all unregistered RAE community members in need of civil status and civil registration
as habitual resident of Kosovo and refer them to CRP/K for further processing.
The signing of MoUs with Municipal Civil Registration
Offices and Municipal Civil Status Offices, in order to facilitate the procedure
of registration, through prioritizing such requests and exempting RAE beneficiaries
from fees.
Public Information Activities
–
CRP/K produced a leaflet and posters to inform about registration activities. Also
the preparations for a more comprehensive PI campaign including use of media (print
media, radio and television) reaching out to RAE
communities, - were put in place. Public information activities in 2007 also involved
the production of two documentaries regarding the civil registration campaign, its
challenges and achievements.
Facilitation of Registration – through the following actions:
-
Go and See Visits
(GSV) to collective centers, camps and other formal and informal settlements where
RAE community is residing;
-
Collecting of the
(personal details) lists of unregistered members of RAE community;
-
Performing the
interviews with PoC who are already identified as unregistered in need of civil
status and civil registration as habitual residents of Kosovo;
-
Processing of requests
at municipal civil status registry offices and municipal centres of civil registration,
escorting the clients from their places of residence to the respective municipal
offices;
-
Provision of the
necessary documents for registration into civil registry books and civil registration
as habitual residents;
-
Completion of both
mentioned registrations and delivery of obtained civil status certificates and IDs
to the PoC.
The second component of the Project was to facilitate the provision 580 documents
for IDPs residing in
Serbia
and 220 documents for IDPs residing in
Montenegro
upon requests from Praxis –
Belgrade
and HLO/Pravni Centar -
Montenegro
. The activities of obtaining documents include the following:
-JMV at collective centers, camps and other formal or informal settlements where
IDPs are accommodated;
-Performing interviews and receiving requests for documents;
-Receiving power of attorneys from clients;
-Processing requests to the appropriate institutions;
-Withdrawing documents from institutions and their delivery to the clients.
During the mentioned period, CRP/K managed
to facilitate civil status registration for 2144 persons in need and civil registration
as habitual resident for 637 other beneficiaries.
Seminars/trainings
During the year 2007, CRP/K organized several seminars
- roundtables on the topic:
CIVIL REGISTRATION – Applicable law, civil registration procedures, related practices
in registration offices. These roundtables were an integral part of activities of
the Civil Registration Campaign of unregistered members of Roma, Ashkalia and Egyptian
community (RAE), which implemented in cooperation with UNHCR and is supported by
the American Bureau for Population, Refugees and Migration – BPRM.
The seminars were of an interactive character;
therefore, they served as an opportunity for all their participants to discuss,
and to express their concerns and doubts related to the civil registration process
in Kosovo – in some particular circumstances. They also served as means of capacity
building for both CRP/K and RADC staff, and for municipal actors involved in the
process of civil registration. Besides, they could be also viewed and an advocacy
tool, since some municipal actors recognized the importance of this campaign and
became more cooperative with CRP/K, in terms of signing remaining unconcluded MOUs
with CRP/K. Also, through joint discussions, both sides clarified many vague situations.
On 03.07.2007, CRP/K organized training for
RADC related to civil registration procedures and exchanged mutual knowledge, experience
and put efforts to overcome obstacles.
During the period 13-17 June
2007, CRP/K staff organized a seminar with the topic on UNHCR – CRP/K Sub-agreements,
with a special emphasis on the BPRM Project and moderated by UNHCR Protection Officer.
This training has contributed to CRP/K staff capacity building, in terms of clarification
of specifics of the sub-projects and their distinction, while its results would
be implemented in CRP/K practical work.
On 17.07.2007, CRP/K and UNHCR conducted a
joint training for the staff of Ministry of Interior related to the civil registration
campaign.
On 22nd of June 2007, CRP/K Prishtina
Office organized workshop on UNHCR CRP/K Sub-agreements, where besides the CRP/K
legal staff, also participated the UNHCR Prishtina FO, NORMA and RADC.
The aim of the workshop was to become more informed about the sub agreements with
UNHCR, both for BPRM project as well as regular UNHCR project. The presentation
on this workshop was made through Power Point slides by the CRP/K Program Assistant.
On this occasion, Norma also presented its activities.
At the request of UNHCR, CRP/K was invited
to participate in training the training held during 22-25 October
2007 in Ohrid – Macedonia., on the topic of Localization Protection. CRP/K had a
presentation on the subject: Legal Integrations of the Displaced Persons. The presentation
was made in Power Point format. Explanations provided were on the topic of Civiil
Registration, as a basic precondition for access to civil, political, economic,
social and cultural rights. Explanations were also given in regard to the integration
process (its main components): Protection principles related to the legal integrations,
documents in the place of origin, access to official documents, importance of civil
registration as an integration process, legal infrastructure of Civil Registration,
identification of obstacles to the civil registration in Kosovo. Finally, recommendations
were given, in terms of facilitating measures and activities.
Memoranda of Understanding
In order to facilitate the process of civil registration, CRP/K has concluded 22
MoUs with Kosovo Municipalities. Such memoranda contributed to the increased flexibility
of officials involved in the process of civil registration, and also as bases for
exemption from fees – on behalf of assisted population.
Awareness raising
and outreach
Civil Registration Campaign, implemented by
CRP/K was assisted by the NGO Roma and
Ashkalia Documentation Center
, whose primary task was to identify unregistered persons and refer them to CRP/K.
During this period, RADC identified and referred to CRP/K almost 4000 persons.
As far as the second component of the sub-project
is concerned, CRP/K successfully met the projected objectives and obtained more
than 790 documents for IDPs in
Serbia
and DPs in
Montenegro
Public Information and Outreach
On 11th of October 2007, CRP/K Pris(h)tina office organized a meeting
on the public information campaign on civil registration. In the meeting, apart
from CRP/K and UNHCR officials from all offices, participants included representatives
from Roma and
Ashkali Documentation Office Reports, an official from the Ministry of
Internal Affairs, and an official from “ARENA” video-production company. After a
tender procedure, ARENA video-production company was chosen for the realization
of two 30-minute documentaries and of a 1-minute TV and Radio advertisement on Civil
Registration in three languages (Albanian, Serbian, Roma). Before the commencement
of the technical part, the process included a synopsis (broad outline of the goal
that we want to achieve), research activity, and a drafted detailed script. The
first documentary includes interviews with members of RAE (Roma, Ashkali, Egyptian)
communities, CRP/K officials, RADC officials. As of January 14th 2008
it will be ready for broadcast on regional TV and radio networks. The second documentary
will include the Civil Registration process in practice. It is anticipated to be
ready for broadcast during the February-March period.
CRP/K magazine
The first edition of the CRP/K magazine will be of an informative character made
up of eight (8) pages. It will comprise CRP/K’s main projects and activities at
the regional level as well as joint initiatives with its partners. The company selected
for the production of the magazine is Think+ the Trembelat.
It is expected to be issued during the January-February period.
During the implementation of UNMIK Regulation No. 2005/21 on the promulgation of
the Law on Civil Status Registers adopted by the Assembly of Kosovo and signed by
SRSG on 07.05.2005 and UNMIK Regulation No. 2006/7 on the promulgation of the Law
on Family, adopted by the Assembly of Kosovo and signed by SRSG on 16.02.2006, as
part of fulfillment of civil registration campaign, CRP/K encountered several problems,
mainly related to late registrations and re-registrations (procedure of restoring
of Civil Status Registry books and registration of facts occurred abroad).
In fact, while proceeding cases of birth registrations in Municipal Civil Status
Office, these offices have made no distinction between the procedure of late registration
and that of re-registration.
According to the CRP/K observations, procedure of late registration is applied in
cases when a birth is not reported within a 30-day term, as foreseen by the Paragraph
7 of the Law on civil status registers. In such cases, the registration is performed
by a decision on late registration, issued by the competent organ.
Whereas, the procedure of re-registration, based on administrative instruction No.
2006/7 on reconstruction of civil status registry books, the registration into such
books should be done in conformity with Article 5, paragraph 5.2, point 1, stipulating
that registration into civil status registry books could be done by presenting a
birth, marriage or death certificate (their original or verified copy), ID card,
passport, army booklet (their verified copies), discharge papers from maternity
health institutions, or other document,
whose issuance requires birth certificate.
In general terms, main obstacles that hinder the processes of civil status and civil
registration as habitual resident in Kosovo are as follows:
·
Complex civil status registration procedures, especially regarding subsequent (late
registration) and home births
·
Fees attached to civil status procedures in some municipalities and transport discourage
registration among RAE;
·
Lack of consistency in the interpretations of the provisions of current legislation
pertaining to civil status registration and procedural differences among municipalities;
·
Administrative practice, especially with regards to civil status registration is
often not in line with the Law on Administrative Practice which prevents persons
rejected for registration to appeal decision;
·
Little or no use of remedies in administrative procedures;
·
Lack of out-reach capacities within municipal registry offices and of dialogue with
RAE communities;
·
Lack of a consistent policy approach that would allow the authorities involved in
the registration process, at both central and municipal levels, to address lack
of documentation in a consistent manner.
Good practice
Ø
Vaccination as a precondition for the late
civil registration in birth registry books
Corresponding service – civil registration of the Prizren Municipal Assembly has
concluded an agreement with the Medical Center – Vaccination Service in Prizren,
not to conduct civil registration of persons in birth Registry Books if in the name
of the client if, apart from the requested documentations, the Vaccination Card
is not presented.
This is done in order to oblige vaccination of the population, including those whose
parents act without responsibility and negligence, as well as to check whether they
strictly obey this agreement.
Precisely for this reason, we need to provide the Vaccination Card for the clients
of two groups of births: - at home, and in hospitals.
1. For those children born at home, whose parents have not vaccinated their children
or who have vaccinated them at some point, meaning, not vaccinated them on regular
basis with all the necessary vaccines / according to their age.
2. For those children born in hospital, they are given their first necessary vaccine
according to the official obligation, but because we are conducting the LATE civil
registration for persons who have ignored this obligation, in most cases because
it happens that the client for late registration is above the age of 7. He or she
nevertheless must take the necessary vaccines at the corresponding service that
he or she has not taken before.
Therefore, in order to provide the Vaccination Card, we are compelled to take all
necessary measures to vaccinate children/clients,
respectively to assume a larger role than that of a parent (along with their mothers),
since we transport them from their different residences and villages to the corresponding
vaccination service and vice-versa.
It is important to emphasize that, with the relationships of CRP/K with the Vaccination
Service is at a high level, as they are very grateful for our actions that also
contribute to the awareness-raising of RAE population for vaccination, which the
was a problem in the past, and all this with the aim to avoid eventual spread of
any contagious disease, typical for the environment where the RAE unvaccinated children
live.
Obstacles
and Solutions
Ø
The issue of withholding of the original documents by municipal registry offices
CRP/K faces with the issue of requesting original documents during the completion
of the process of civil status registration. Actually, some municipalities such
as Pristina, Fushe Kosova/Kosovo Polje and now Podujevo are applying a practice
of requesting original birth certificate as a precondition for accomplishment of
the status registration procedure. This is a consequence of the fact that some Municipal
Registry Offices do not have Civil Registry Books (which have been earlier dislocated
in Serbia proper) and they are now in process of restoring the Civil Registry Books,
and which is not the case with municipalities which possess Civil Registry Books.
According to the above mentioned Municipal Officials, they are following the instructions
of the Ministry of Internal Affairs.
However, the CRP/K beneficiaries hesitate to
present their original documents for the well-known reasons.
Since this has become a serious problem to CRP/K, it recommends the following:
- The Ministry of Interior Affairs – respective
Department of Civil Status Registration (DCSR), to submit to all municipal Offices
operating within the DCSR, a proper instruction related to the accurate interpretation
Administrative Direction No: MPS 2006/07.
of the Ministry of Public Services on restoring the Civil Registration Books, providing
explanations that during the completion of registration in Civil Registration Registries,
one should be based on the Article 5, Paragraph 5.2 points (i) (ii) (iii) and (iv)
stating that the registration in Civil Registry
Books could be done proved by birth certificate, marriage certificate, death certificate
(their originals or verified copies),
ID card, passport, army booklet (their verified copies),
discharge paper from a health maternity institution, school booklet or other document, whose issuance is
conditioned by obtainment of birth certificate.
- To schedule
a meeting with the head of
Pris(h)tina Municipal Offices of Civil Status Registration, to enable CRP/K a more
facilitated and faster procedure of certificates – certify copy of civil documents,
since there are a large number of citizens waiting in queues to verify such documents.
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