11. Mai 2017. Die Baracken in Belgrad werden geräumt und wieder verschwindet ein sichtbarer Ort der Migration von der Bildfläche. Ein Bericht über die Proteste in Serbien und Ungarn und die Räumung der Baracken, der gleichmaßen Analyse und Rückblick ist, geschrieben vom Feministischen Kollektiv.
Etwa eine Million Menschen passierten auf ihrer Flucht vor Krieg und Elend im Nah- und Mittleren Osten meine Heimat Serbien. Wegen der Lage vor den Toren der EU ist diese für die meisten so etwas wie ein „Sprungbrett“ für den letzten und entscheidenden Schritt – die legale oder illegale Überquerung der ungarischen oder kroatischen Grenze. Nicht alle schafften aber diesen Weg in die bessere Zukunft, das Schicksal wollte es einfach nicht. Sie ertranken nicht zu Hunderten und Tausenden, so wie im Mittelmeer, aber sie starben auch und das in unserer unmittelbaren Nähe. Gerade deswegen möchten wir, vom ARD-Team Südosteuropa, diesen Opfern des Schicksals ein Gesicht geben und ihre Geschichte erzählen.
In 2015 and 2016, more than a million people arrived in Europe after crossing the sea from Turkey to Greece and continuing their journey along the so-called Western Balkan route. In response, European Union Member States and other European countries hastily erected fences on their borders. In March 2016, Slovenia, Croatia, Serbia and former Yugoslav Republic of Macedonia shut their borders and left thousands
of people stuck in limbo, many in inadequate or unsafe accommodation.
At present, there are about 7,800 displaced people in Serbia, and 350 people in Macedonia. Many of these people have come from conflict affected countries seeking protection, including Afghanistan, Pakistan, Iraq and Syria. Roughly 1,100 of those in Serbia and over 200 in Macedonia are not housed in government-run facilities and are forced to sleep rough.
Rather than being places of safety, countries on the Western Balkan route have failed to offer protection or due process to many new arrivals and instead have pushed them back to their previous country of transit or even another country, without giving them a chance to claim asylum.
Pushbacks are happening in different ways. Hungary and Croatia – both EU member states – have used brutal tactics, such as attack dogs and forcing people to strip naked in freezing temperatures. The Serbian authorities have generated a climate of fear and uncertainty amongst migrants by expelling groups of people who have been legally registered and were expecting to receive their right to an individual hearing. This
practice meant that in mid-winter, in freezing temperatures of -20oC, people were afraid to stay in government centres for fear of being pushed back to Macedonia or Bulgaria. Interviewees also accused Bulgarian authorities of treating people in such a brutal manner that they are afraid to return.
The people who are moving through the Balkans, with cynical humour, call their efforts to continue their dangerous journey the ‘game’, a cruel ‘game’ where safety and protection are replaced with violence and intimidation from people in authority. As they attempt to move to a place of safety, people are forced to take enormous risks and suffer abuse at the hands of people smugglers, brave freezing temperatures in winter
and negotiate unknown and dangerous terrain, including forests and fast-flowing rivers. This is an often terrifying situation where beatings, dog attacks and robbery are rife, leading to serious injuries and even death. No one, regardless of their reason for moving via the Western Balkans route, should experience the violence and aggression which is being used by authorities. For refugees and others who have the right to
international protection from persecution and serious human rights violations, pushbacks stand in the way of seeking protection and enjoying their right to an individual assessment of their claims. Brutality, intimidation and devious tactics by authorities also engender a climate of fear and mistrust amongst people on the move. This report aims to firmly
put the spotlight on the acts of abuse being perpetrated by state authorities, and the failure of European countries to uphold people’s rights. We are calling for the responsible governments to immediately change their practises and hold perpetrators accountable.
Oxfam and its partners, the Belgrade Centre for Human Rights (BCHR) and the Macedonian Young Lawyers Association (MYLA), are providing support to migrants, including refugees, in Serbia and Macedonia. Together, we call on the governments of Serbia, Macedonia, Croatia, Hungary and Bulgaria to:
• Immediately review all procedures at their borders to ensure that they are in compliance with Article 3 of the European Convention on Human Rights (ECHR), i.e. the prohibition on inhumane and degrading treatment, and Article 4 of Protocol No. 4 to the ECHR, i.e. the principle of non-refoulement and the prohibition of collective expulsions. Also, ensure that the quality and outcome of these procedures can be scrutinized before a national authority, including by providing access to an effective remedy, in compliance with Article 13 of the ECHR.
• Conduct an independent and rigorous assessment of each individual’s claim for international protection in order to ensure that they have access to an individual asylum determination procedure, with full rights to representation and interpreter services and with the right to appeal the decision, with any deportation proceedings suspended pending the outcome of the appeal.
• Urgently investigate and take action against all perpetrators of crimes against migrants, including all forms of inhuman or degrading treatment by law enforcement officers, physical violence, and robbery
• Introduce preventive measures against future violations, including a rigorous hiring process for law enforcement officers before deployment, incorporation of improved technical equipment such as body-worn cameras, and mandatory training on European and international human rights and refugee law. A high level of applicants to the Hungarian police force did not pass a psychological test in 2016. Therefore all officers hired in 2015 – at the peak of the crisis in Hungary – should also be required to undertake a psychological test
and any who do not pass must be removed from the force
• Allow Ombudsman offices (in charge of existing National Preventive Mechanisms) and relevant civil society to have full and unimpeded access to border areas in all the countries concerned as a matter of urgency as outlined in Article 3 and 4 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
Overview of the main changes since the first report. The first report was last published in March 2016:
Asylum reform: The adoption of the new Asylum Act, initially foreseen for 2016, has been postponed. The draft of the new Asylum Act has been shared with civil society representatives for comments, and was also received positively by the European Commission. The new law will introduce both accelerated and border procedures. Bearing in mind that the Asylum Office is understaffed even in light of the single existing procedure, it is reasonable to assume that additional personnel will be required to implement the additional proceedings. It is otherwise difficult to envision adequate implementation of the new law in reality.
Access to the territory: In July 2016, the Serbian Government adopted a decision to form mixed patrols of the army and police to strengthen the border with FYROM and Bulgaria. The Ministry of Defence reported in December 2016 that more than 18,000 migrants had been prevented from illegally crossing the border from Bulgaria. Between September and December 2016, the Belgrade Centre for Human Rights received 13 complaints concerning collective expulsions or push-backs to FYROM that involved approximately 750 persons. Those removed included people who had predominantly been residing in the reception centre in Preševo, as well as persons who had been intercepted by patrols of the police or army at the border, or mixed patrols deeper within the territory of Serbia.
Accommodation: By the end of 2016, more than 7,000 people were residing in Serbia, the vast majority of whom (around 82%) were accommodated in camps along the border where they were waiting for their turn to be admitted into Hungary. The remainder stayed in the streets of Belgrade and border areas with Hungary.
The Ministry of Interior opened additional temporary reception centres to respond to the increase in refugees and migrants.
Content of protection
Integration assistance: In December 2016, a Decree on the Manner of Involving Persons Recognized as Refugees in Social, Cultural and Economic Life (“Integration Decree”) was enacted and entered into force in January 2017. The Decree foresees assistance various areas crucial to integration such as access to the labour market and education, including assistance in recognition of qualification and language courses. The Decree only refers to recognised refugees and does not explicitly cover subsidiary protection beneficiaries. However, due to its entry into force in January 2017, it remains to be seen how it will be implemented in practice.
Save the Children released a statement this week showing that 1,600 cases of push backs from Hungary and Croatia to Serbia have taken place during the last two months. Push backs to Serbia have previously been reported by the Asylum Information Database (AIDA) and Human Rights Watch, and are regularly recorded by UNHCR.
Temperatures in Hungary and Serbia have dropped to minus 20 degrees centigrade at night. Yet nearly 2,000 asylum seekers and migrants are sleeping rough in Belgrade, in front of Hungary’s “transit zones” on the Serbian border, or inside a tattered government-run tent camp in Hungary without enough aid.
This paper provides an analysis of the protection concerns that people on the move, especially women and children, face in Macedonia and Serbia following the closure of the Balkan route and presents recommendations on how to protect and promote their safety, dignity and human rights. This report was conducted by Oxfam and its partners: the Belgrade Center for Human Rights (BCHR) and Atina in Serbia, and the Macedonian Young Lawyer Association (MYLA) and Open Gate/ La Strada in Macedonia. It is based on background research, information gathered by Oxfam partners in the course of their field work, interviews with women and focus group discussions, and meetings with NGO and civil society representatives.
On November the 10th in the middle of the night, a big police operation took place behind the main bus station in Belgrade and the parking lot near the so-called “Afghan Park”. 109 people were put into buses and brought to the closed camp in Preševo near the Macedonian border. From here, people are being pushed back on a constant basis. Behind the bus station at the moment more than 700 refugees remain in empty warehouses and around 30 people are currently sleeping in the parking where night temperatures are at an average of 1 degree. During the whole operation, although the people were very scared, they stayed remarkably calm and peaceful. Police did not use actual physical force, but were sometimes deceitful towards the migrants by threatening them and lying over the buses’ destination in order to get them to move from the city.