Short overview of the reception system

Serbia

Country Report: Short overview of the reception system Last updated: 23/03/21

Author

Nikola Kovačević

The Commissariat for Refugees and Migration (CRM) is in charge of governing asylum and reception centres in Serbia.[1] There are 5 Asylum Centres (AC) and 13 Reception Centres (RC) which have been used for accommodation of refugees, asylum seekers and other categories of migrants in 2020. According to official data, the total capacity of 19 asylum and reception centres in 2020 was 5,655 beds. The reception capacity is measured in terms of available beds and not in accordance with certain standards, for instance, EASO Guidelines,[2] or other standards developed by other bodies such as CPT,[3] or the Committee on Economic, Social and Cultural Rights (CESCR).[4] Most of the facilities are collective accommodation centre or even a large-scale type since only RC Dimitrovgrad and RC Bosilegrad have a reception capacity below 100.

Additionally, during the COVID-19 lockdown in 2020,[5] two additional emergency shelters in Miratovac and Morović were established but their respective capacity was unknown at the time of writing of this report.[6] These centres were made out of tents, with no electricity and sanitary facilities. They were operational for three months and mostly during the state of emergency. Two categories of people were accommodated there, namely (i)  newly arrived foreigners and (ii) foreigners who were transferred there for disciplinary reasons because they objected to a lockdown in other reception facilities, in particular in AC Bogovađa and RC Obrenovac

The asylum procedure is conducted only in asylum centres, and mainly in AC Krnjača and AC Banja Koviljača, while less frequently in AC Sjenica and AC Bogovađa. The asylum procedure was not conducted in AC Tutin in 2020, nor in Reception Centres. Those foreigners who are issued with registration certificates have to be, usually with the assistance of legal representatives, transferred to one of 5 asylum centres.  In 2020, CRM designated AC Bogovađa and AC Sjenica for accommodation of UASC. None of the said facilities meet the child-specific standards.

According to the Asylum Act, a foreigner obtains the status of an asylum seekers only after he or she lodges asylum application.[7] Prior to that, persons issued with registration certificates are not considered to be asylum seekers and thus are not entitled to rights and obligations envisaged in the Asylum Act, which encompass the right to accommodation.[8] Accordingly, even though the vast majority of foreigners were accommodated in asylum and reception centres in the course of 2020, they were not explicitly entitled to it under the Asylum Act, Foreigners Act or any other law governing the field of asylum and migration. Hence, the vast majority of persons in need of international protection who have been transiting through the territory of the Republic of Serbia since 2008 were in a legal limbo, deprived of any status, but provided with the existential minimum while in Serbia. In other words, their stay in Asylum and Reception Centres was rather tolerated than regulated by legal framework.

In practice, asylum seekers are referred to one of the asylum or reception centres stated in the registration certificate (see Registration of the asylum application). Accordingly, only 2,830 foreigners were officially referred to one of 18 functional accommodation facilities in 2020, while the remaining 22,173 foreigners whose entry was recorded by the UNHCR and its partners were allowed to reside in reception facilities without any legal status. It should be also born in mind that some of the people who were issued with registration certificates in previous years have also resided in reception facilities.[9]

AC Krnjača and AC Banja Koviljača mostly accommodate persons with registration certificates and that is one the main conditions set by the management. Still, there are instances in which foreigners are allowed to enter these centres without the certificate, but they are usually registered within 48 hours. On the other hand, RCs in Adaševci, Sombor, Principovci, Šid, Subotica and other facilities located closer to borders with Romania, Croatia or Hungary imply more fluctuations and much more flexible policies on entering and exiting the camps, since dozens or even hundreds of refugees and migrants are attempting to irregularly cross to the EU on a daily basis. Accommodation in these facilities does not require registration certificates.

Asylum seekers who are granted asylum are entailed to stay in asylum centres up to one year after their decision on asylum became final.[10]

 

 

[1] Article 23 Asylum Act; Chapters II and III Migration Management Act.

[2] EASO, EASO guidance on reception conditions: operational standards and indicators, September 2016, available at: http://bit.ly/3j1XabQ.

[3]  See for example CPT, Report to the Greek Government on the visit to Greece carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 19 April 2018, 19 February 2019, CPT/Inf (2019) 4, available at: https://bit.ly/3gbcH7y, para. 103-105.

[4] CESCR, General Comment No. 4: The Right to Adequate Housing (Art. 11 (1) of the Covenant), 13 December 1991, E/1992/23, available at: http://bit.ly/2KyNBRC.

[5] A11, Deprivation of Liberty of Refugees, Asylum Seekers and Migrants in the Republic of Serbia through Measures of Restriction and Measures of Derogation from Human and Minority Rights Made under Auspices of the State of Emergency, May 2020, available at: https://bit.ly/39BiG4m., hereinafter: A11 Analysis on Detention of Foreigners during the State of Emergency. 

[6] Ibid., p. 4 and 5.

[7] Article 2 (1) (4) Asylum Act.

[8] Article 48 Asylum Act.

[9] Many of them have resided in asylum or reception centers for more than a year or two.

[10] Article 61 Asylum Act.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection