ac afis as bc ec eu fa ipa mipd - esteri e montenegro/sr...accommodation is provided in two asylum...
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Abbreviations
AC Asylum Center
AFIS Automated Fingerprint Identification System
AS Asylum Seeker
BC Beneficiary Country
EC European Commission
EU European Union
FA Framework Agreement
IPA Instrument of Pre-accession Assistance
MIPD Multi-annual Indicative Planning Document
MoI Ministry of Interior
MoESTD Ministry of Education, Science and Technological Development
MoLESP Ministry of Labor, Employment and Social Policies
MTE Mid-Term Expert
NAD Needs Assessment Document
NPAA National Programme for Adoption of Acquis Communautaire
PL Project Leader
RS Republic of Serbia
RSD Refugee Status Determination
RTA Resident Twining Advisor
SCR Serbian Commissariat for Refugees/ Commissariat for Refugees and Migration
SDC Swiss Agency for Development and Cooperation
STE Short-Term Expert
ToT Training of Trainers
UMAS Unaccompanied Minor Asylum Seeker
UNHCR United Nations High Commissioner for Refugees
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STANDARD TWINNING PROJECT FICHE
1. Basic Information
1.1 Publication reference: EuropeAid/ 136-076/IH/ACT/RS
1.2 Programme: National programme for Serbia under the IPA – Transition Assistance and
Institution Building Component for the year 2013
1.3 Twinning Number: SR 13 IB JH 02
1.4 Title: Support to National Asylum System in the Republic of Serbia
1.5 Sector: Justice and Home Affairs
1.6 Beneficiary country: The Republic of Serbia
2. Objectives
2.1 Overall Objective(s):
The overall objective is to contribute to Serbian’s efforts to harmonise national policies within the home
affairs sector in line with EU standards and the acquis in the field of asylum and migration.
2.2 Project purpose:
To improve capacity for implementation of asylum policies in line with international and EU standards
concerning both, procedure and reception condition and to reduce number of unfounded asylum
applications from Serbian nationals.
2.3 Contribution to National Development Plan/Cooperation agreement/Association
Agreement/Action Plan
In the Multi-annual Indicative Planning Document (MIPD) 2011-2013, Republic of Serbia (3.1
Justice and Home Affairs, 3.1.3 Sector Objectives for EU support over next three years) the MIPD
underlines the need to strengthen the functioning of border controls and the customs administration and
to improve the fight against illegal migration and to strengthen migration management and the asylum
system. Republic of Serbia invested significant efforts to establish all-encompassing migration
management system which resulted with the adoption of the Law on Migration Management. Apart from
the improvement of the legislative setting, The Republic of Serbia is faced with insufficient capacities
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for the accommodation of the asylum seekers, which could lead to deterioration of the health situation
and entire wellbeing of the asylum seekers and represent the most pressing need in this moment.
Additionally, the competent institutions in charge for the functioning of the asylum system are aware of
the necessity of further development and alignment of national legislation and relating procedures with
EU aquis and international standards in the area of asylum. Likewise, the unit for asylum cases
processing is heavily understaffed, which results in a very time-consuming procedure."
EC Progress Report 2013 states that regarding asylum, `claims are still temporarily processed by the
Border Police Asylum Unit. The Asylum Office intended to operate as the first instance body has yet to
be established in line with the 2007 Law on Asylum. A unified national database for checking the
personal data and fingerprints of foreigners, including asylum seekers, is being developed but remains to
be put in operation. From over 2.723 applications in 2012 (3.134 in 2011), only three of those that were
maintained were granted positive protection decisions (none in 2011). The criteria of safe countries of
origin and the list of safe non-EU countries have yet to be fully aligned with the acquis. The lack of
adequate asylum processing, where applicants are neither referred to nor registered in the asylum
procedure as the Asylum Law requires, tends to encourage asylum applicants to see Serbia as a transit
country for entering the EU illegally. Additional reception facilities with adequate conditions for asylum
seekers are also needed, especially since access to the asylum procedure is dependent on accommodation
at an asylum centre.
Overall, Serbia continues to be in the early stages of aligning with EU asylum policy.
In the Needs Assessment Document (NAD) measure 1.4 Enhancing border management and
migration management mechanisms is defined. This measure will support efforts in fulfilling all
standards of a visa-free regime with EU, including mechanisms for prevention of illegal migration from
and to Serbia. It will also, inter alia, support the enhancement and implementation of asylum policy.
Furthermore, it is planned to utilize resources allocated through this project to implement some of the
activities that will be included in the Action Plan aimed at full alignment of Serbia with the requirements
of Chapter 24. The Action Plan will be based on recommendations provided in the adopted and published
Screening Report. It is expected that most of the project activities will directly improve administrative
capacities (interview techniques, country of origin information research, establishing the modality for
translation and translators services), support Serbia in harmonization of national legislation with acquis,
contribute to its sound implementation and enable integration of those granted international protection,
3. Description
3.1 Background and justification:
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The Republic of Serbia has been faced with enormous challenges regarding forced migrations and still
host 57.247 refugees and 209.122 IDPs, most of them in a need of housing solution and employment in
order to reach durable solution. Additionally, since 2006, more than 6.000 persons have been readmitted
on the base on the readmission agreements and most of them are in the need of the assistance in the
reintegration process. Drastic increase of the number of the asylum seekers create additional burden to
the limited resources of the Serbian Government. The lack of adequate accommodation capacities is the
most troublesome.
Serbia has adopted the Law on Asylum which came into effect in 2008. Aiming at respecting the
standards established through international norms, the law provisions for the proliferation of information,
legal assistance and the right to uninterrupted and constant contact with UNHCR. The initial state body
deciding on submitted asylum claims is Ministry of Interior, while the final decision is brought through
an independent Asylum Commission of the Government of the RS. In the event of an unsatisfactory
decision being brought by the Commission, the possibility exists for the commencement of appeal
proceedings before the Administrative Court as a third judicial instances. From the time one declares
their intention to seek asylum, until the two fold decision has been brought, the asylum seeker is granted
a legal basis for his stay and right to be accommodated within the Asylum Centre (AC), which falls under
the jurisdiction of the Commissariat for Refugees and Migration. Commissariat for Refugees and
Migration is in charge of the reception and accommodation of asylum seekers in the Republic of Serbia.
Accommodation is provided in two Asylum Centers, in Banja Koviljaca and Bogovadja, and in three
temporary centers in Obrenovac, Sjenica and Tutin. The capacities within the aforementioned ACs are
sufficient for accommodation of 585 persons. Persons accommodated in AC enjoy complete freedom of
movement, health protection, right on elementary and secondary education, while those outside of AC
have access to financial assistance provided by the Centers for Social Welfare. During their staying in
asylum centre special attention is being paid to origin, age, marital status, religion and other customs of
asylum seekers.
In 2008 there were 52 recorded cases of asylum seekers. Over the 3 year implementation of the Law on
Asylum, the number of asylum seekers has increased dramatically: from 275 cases in 2009, 520 in 2010,
3.134 in 2011. Until 2011, the existing capacity for providing accommodation and basic living
conditions were adequate but 600% increase in the number of asylum seekers in relation to 2010 has
produced additional challenges for the institutions of RS. Parallel to the increase in the number of
asylum seekers (AS), a change in the age structure and other capacities has been identified. In 2010,
2011 and in 2012, the arrival of whole families with small children has been recorded which previously
was not the case. The number of minors seeking asylum is increasing and in 2012 it reached to 27,3% of
the total, women asylum seekers make up 14%, while in 2012 a constant flow of unaccompanied minors
asylum seekers accounted for 18,34% of the total population. In 2012 AS predominantly arrived from
Afghanistan - 29,53%, Somalia - 18,55%, Syria - 10,54%, Pakistan - 9,07% and Algeria - 6,21%; while
the situation changed significantly in 2013 - Syria - 20,85%, Eritrea - 14,11%, Somalia - 10,21%,
Afghanistan - 8,39% and Algeria - 7,87%.
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Standards in dealing with asylum seekers and beneficiaries of international protection:
Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards
for the qualification of third-country nationals or stateless persons as beneficiaries of international
protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the
content of the protection granted; OJ L 337 of 20 December 2011 p. 9
Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common
procedures for granting and withdrawing international protection; OJ L 180 of 29.6.2013, p. 60
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in
the event of a mass influx of displaced persons and on measures promoting a balance of efforts between
Member States in receiving such persons and bearing the consequences thereof; OJ L 212 of 07.08.2001,
p. 12
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down
standards for the reception of applicants for international protection; OJ L 180 of 29.6.2013, p. 96
Taking into account the national structure of asylum seekers and existing linguistic obstacles which
significantly complicates communication with the employees of the Asylum Office of MoI, as also with
those employed within the asylum centres, centres for social Welfare and health centres it is necessary to
provide additional translation services for asylum seekers in their mother tongue (most frequently Farsi,
Pashto, Arabic and Somali) in order that the needs and statements of asylum seekers can be adequately
represented. The limited resources provided through the budget of the RS unfortunately do not provide
for the possibility of additionally financing translation services, which in the previous period were
provided through the NGO, and as such it is necessary to provide additional resources in order to
accommodate such needs. Having in mind that unaccompanied minor asylum seekers represent a
particularly vulnerable group, capacity building of the employees of relevant institutions primarily with
those employed within the Centers for Social Welfare is imperative. Given that Republic of Serbia is
obliged to provide for the integration and inclusion of protected persons within local communities,
which apart from having formed integration houses as a means of providing accommodation, also entails
providing for the learning of the Serbian language, the creation of employment opportunities, the
creation of a public opinion which enables the unimpeded establishment of social and other contacts
with other members of the society, represents an additional challenge. Implementation of the project will
support improvement of the Asylum System within the Republic of Serbia by increasing the
accessibility, quality and number of services available to beneficiaries as to achievement of the asylum
seekers` rights. Further alignment of legal framework with EU regulation and improving the process
governing the access to rights of asylum seekers will be covered. Capacity development of all relevant
institutions with the aim to reduce the time period necessary for the implementation of asylum
procedures and especially will target institutions providing services to unaccompanied minor asylum
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seekers, improvement of persons granted international protection, integration into society, as well and
informing public on the rights, obligations and problems of asylum seekers will be part of the
institutional development activities. Due to categorization as transit territory for illegal migrants on their
way to the countries of Western Europe and consistent increase in the number of asylum seekers in
Serbia, this measure should prepare recommendations for further development of existing electronic
databases of asylum seekers as well as procedures for database management. The existing databases are
located in SCR and MoI and are in different format at the moment. With the recent increase in the
numbers of asylum claims lodged in Serbia, the UNHCR have undertaken to assess Serbia’s asylum
procedure in this context and evaluate Serbia as a country of asylum. The aforementioned Report stated
that Serbia’s asylum system presently is not sufficiently developed and not in line with international or
EU standards. The special attention was paid to the reception system in the Republic of Serbia and one
of the conclusions of UNHCR is that Serbia’s asylum system has been overwhelmed in particular by
recent increases in the numbers of asylum applicants.
In order of achieving the results, the extensive hands-on expertise in developing and implementing
asylum policies in accordance with the EU acquis is essential. Support in the process of harmonization
of policies and regulations should be provided by the public sector`s representative of the EU MS.
Sharing best practices and positive experience with experts from MS will contribute to strengthening of
domestic administration capacities and provide a platform for further implementation related activities.
Since 19 December 2009, citizens of the Republic of Serbia have been able, with biometric passports, to
travel visa-free to the Member States of the European Union, in accordance with Regulation 539/2001
(Council Regulation (EC) n° 539/2001 of 15 March 2001 listing the third countries whose nationals must
be in possession of visas when crossing the external borders and those whose nationals are exempt from
that requirement). This was followed by a huge increase in the number of unfounded asylum application
in EU Member States by Serbian citizens. In response to the increased number of asylum application
from Serbian citizens, numerous activities have been undertaken in order to prevent abuse of asylum
system in Member States. Among other measures related to the social inclusion and reintegration of
returnees, an intensive and continuous information campaign concerning the concequences of free visa
regime abuse is indispensible.
This is fully in line with the recommendations listed in the Report on Peer review mission in Serbia to
cover key areas under Chapters 23 and 24, specifically on asylum (Serbia as a country of reception) and
on measures taken to prevent unfounded asylum applications (visa liberalization monitoring mechanisms)
conducted in February of 2014.
Such activities are complementary to the both short-term and medium/long term measures and will
contribute to their effectiveness.
In this moment, when Serbia is on the very beginning of the accession negotiations process, the most
valuable is experience of colleagues from countries that already implemented EU regulations.
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Concerning the fact that this project`s implementation requires involvement of number of institutions in
Serbia and in the light of the fact that experts are to be part of every-day tasks in public sector, all results
envisaged by the project can be provided by public officer with considerable experience in the field of
asylum.
It is highly expected that joint work and close collaboration with experts responsible for same working
assignments in EU MS will bring most benefit to the Republic of Serbia.
3.2 Linked activities (other international and national initiatives):
The most important projects in this area are certainly projects under IPA 2010 and IPA 2012.
“Capacity building of institutions involved in migration management and reintegration of
returnees in the Republic of Serbia’’ IPA 2010 provided support for the establishing of
system for regular monitoring of migration flows and mechanism for evaluation of migration
policies, by putting in place coordinating mechanism and information exchange system
between relevant institutions.
“Establishment of efficient system for prevention and suppression for prevention and
suppression of illegal migrations on the territory of the Republic of Serbia” IPA 2010
covers database for illegal migrants and exchange of data between relevant institutions.
“Police reform and migration management” IPA 2012 has the aim of putting in place a
system for monitoring legal migration by establishing a Central database on foreigners to be
used for the purposes of the MoI and Ministry of Foreign Affairs as well as for the external
users. In connection with this, this (IPA 2013) proposed project is expected to connect the
Border Police Directorate, Asylum Office with Regional Police Directorates, Regional Border
Police Centers, Asylum Centers and Reception Center for Foreigners. A link would be made
with the already existing AFIS Data Base containing data on asylum seekers and illegal
migrants which was upgraded through IPA 2010.
In complement to the IPA 2013 asylum project aiming at comprehensive improvement of the asylum
system in the Republic of Serbia, through improvement of legal framework, asylum procedures and
capacity building of the relevant institutions dealing with asylum seekers, the SCR applied to the
Government of Swiss Confederation (SDC), for the project “Support to the Asylum System in Serbia
2013-2015” which should provide psychosocial support to the asylum seekers through various
occupational activities and promotion of tolerance in local communities. Also a surveillance system shall
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be supplied in order to improve security of accommodated asylum seekers. Whereas the IPA funded
project are strategically programmed for improving the overall functioning of the asylum system in the
Republic of Serbia, the SDC project will address the urgent needs of asylum seekers. The project is
approved and implementation of the same has commenced.
In order to ensure coordination within a range of activities and amongst donors, regular meetings are
taking place. In addition, through participation in the sector coordination mechanism established by the
Serbian EU Integration Office, all relevant information are shared.
3.3 Results:
The results of this project should contribute to the achievement of the following higher level
objectives:
At sector objective level indicator:
Ratio of supported asylum seekers as compared to the total number of asylum seekers
At sector support objective indicator:
Improved ratio of persons included into complete integration process compared to number of
persons awarded international protection
Improved ratio between number of first instance decision and number of submitted requests for
international protection
Result 1. Improved capacities of institutions dealing with issues of concern for asylum seekers,
especially in the area of advanced interview techniques and advanced country of origin information
research;
The expected result indicators are:
Database of persons seeking for asylum established and operational
Reduced average duration of procedure for issuing decision for first instance asylum seekers
Reduction of average time for obtaining electronic data on asylum and readmission by relevant
staff
Activity outputs to lead to the achievement of the result indicators are:
At least 5 trainers on advance interview technique and advance country of origin information
research trained
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At least 8 employees from relevant institutions participate in study visit the relevant institutions
within EU countries
During the first 12 months of the project, procedural guide relating to the exercising and
protection of the rights of asylum seekers has been developed and approved by competent
authority
By the end of the project, a database of persons whose intentions to seek asylum has been
established and using existing lines, communication between the database and the regional police
directorates, asylum centres and reception centre for foreigners has been
enabled through establishing adequate procedures.
Modality for translation and translators services established
Result 2. Improved capacities of services providers in charge of unaccompanied minor asylum
seekers;
The expected result indicators are:
Coverage of Unaccompanied Minor Asylum Seekers (UMAS) by procedures / protocols
standardized according to EU requirements
Activity outputs to lead to the achievement of the result indicators are:
Manual for service providers dealing with Unaccompanied Minor Asylum Seekers (UMAS)
developed according to EU requirements
All service providers dealing with UMAS within municipalities/cities wherein capacities for
the accommodation of asylum seekers are located, trained in accordance with developed
curriculum
Exchange of experiences with European Fundamental Rights Agency and other relevant EU
agencies provided
Result 3. Timely and adequate integration support mechanisms for persons granted international
protection in Serbia established
The expected result indicators are:
Ratio between number of requests for different services by persons awarded with international
protection and number of services provided in accordance with agreed procedures
Activity outputs to lead to the achievement of the result indicators are:
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Programs for integration support mechanisms developed
Curriculum for the learning of the Serbian language and culture for those who have opted for
integration developed
Research of possibilities for the implementation of programs for vocational trainings for
occupations correspondent to a deficit in the labour market conducted during the first year of the
project implementation
Result 4. Legal framework aligned with EU law;
The expected result indicators are:
Documents issued to asylum seekers in line with EU standards
Activity outputs to lead to the achievement of the result indicators are:
Until the end of the project, necessary amendments to the Law on Asylum, as well as
accompanying bylaws and rules of procedure have been completed and proposed for adoption
by MoI and SCR
Procedures for the enhancement of the protection of documents issued to asylum seekers
developed and approved by MoI by the end of the project
Result 5. Public informed on the rights, obligations and problems of asylum seekers in Serbia as well
as Serbian potential asylum seekers in EU MS informed about concequences of free visa regime abuse
and abuse of visa-free short stay in MS;
The expected result indicators are:
Prejudices and negative attitude of general public towards asylum seekers reduced at the end of
the project as compared to the results obtained at the beginning of the project
Decereased number of Serbian citizens seeking for asylum in EU MS whose applications are
unfounded
Activity outputs to lead to the achievement of the result indicators are:
Public opinion surveys in Serbia conducted on the beginning and at the end of the project
implementation
Desk based research on existing data and surveys in order to identify appropriate methodology
and areas for intensity information campaign towards potential asylum seekers from Serbia
conducted
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Communication plan and info campaigns addresing Serbian citizens and potential asylum
seekers (both from Serbia and in Serbia) prepared and implemented
3.4 Activities:
The below activities are the minimum indicative requirements to achieve the above results. The MS
will take these into account when developing its own methodology and complement them with its
own and other relevant best practice experience and examples so that the above results can be
sustainably achieved.
The proposal made by the MS should include the activities they propose to achieve the results listed
in the fiche.
Activities related to Result 1:
To organize and conduct trainings for trainers in accordance with the established curriculum
concerning advanced interview techniques and advance country of origin information research
To organise study visit to competent institutions in charge of the protection of asylum seekers
within EU countries
Completion of guidelines intended for competent institutions for providing services to asylum
seekers
Review the existing databases of foreigners whose intention to seek asylum has been recorded
and prepare recommendations for improvement
To prepare procedure for management of database of foreigners whose intention to seek asylum
has been recorded and enabling access to this data to the Sector for Readmission of the Ministry
of Interior and other relevant external users
To establish the modality for translation and translators services
Activities related to Result 2:
Development of manual for service providers dealing with Unaccompanied Minor Asylum
Seekers (UMAS) developed according to EU requirements
Conducting trainings for service providers working with UMAS on local level wherein capacities
for the accommodation of asylum seekers are located
Establishment of cooperation with the European Fundamental Rights Agency and other relevant
EU agencies in the realization of project activities
Activities related to Result 3:
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Conduct an analysis and prepare programs for development of the integration support mechanism
for asylum seekers
To develop the curriculum for the learning of the Serbian language and culture for those who
have opted for integration
Research of possibilities for the implementation of programs for vocational trainings for
occupations correspondent to a deficit in the labour market
Activities related to Result 4:
Preparation of necessary amendments on the Law on Asylum, bylaws and rules of procedures
Establishment of procedures which enhance the protection of documents issued to asylum seekers
Activities related to Result 5:
Conducting a public opinion surveys on asylum seekers in Serbia on the beginning and at the end
of project implementation concentrated on those municipalities/cities wherein asylum centres are
located or should be located
Conducting desk based research on existing data and surveys in order to identify appropriate
methodology and areas for information campaign toward potential asylum seekers form Serbia of
their rights and obligations under the visa-free-regime.
Based on results of the first public opinion survey and desk based analysis, preparing and
implementing communication plan and info campaign.
Intensify the information campaigns towards potential asylum-seekers in regard to their (Human)
Rights in Serbia.
Two visibility events will be organized in the course of the implementation of the project; Kick-off
meeting at the start of the implementation and the Final meeting at the end of the implementation of the
project activities.
3.5 Means/ Input from the MS Partner Administration:
One PL (Project Leader) and one RTA (Resident Twinning Adviser) shall provide support to the
responsible Commissariat for Refugees and Migration.
During the implementation of this project RTA will be positioned in the Commissariat for Refugees and
Migration.
3.5.1 Profile and tasks of the Project Leader (PL)
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The MS Project Leader will manage the project team of selected member state(s) and co-ordinate the
implementation of activities.
Tasks of the Project Leader:
Overall management and coordination of the project with SCR and other partners and
stakeholders
Project reporting
Ensuring backstopping and financial management of the project in the MS
Ensuring timely, effective and efficient implementation of the project and achievement of results,
through proposed activities
Coordination of deployment of short-term experts
Coordination of the Project Steering Committee meetings with RTA, from the Member State side,
which will be held in Serbia every three months
Participation at the Steering Committee meetings (every three months)
Assuring compatibility with EU requirements.
Profile of the Project Leader:
Requirements:
A university degree in social sciences or other relevant fields
High-ranking official currently working in the MS administration
At least 5 years of professional experience in the field of asylum
Knowledge in the relevant EU legislation in the field of asylum and migration
Fluency in English language
Computer literacy
Assets:
Experience in managing or assisting in management in at least 1 project
Experience with twinning rules and procedures.
3.5.2 Profile and tasks of the RTA
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The RTA will be in charge of project implementation team and coordinate the implementation. He/she
will also be responsible for ensuring that experts input and distribution of their working days will be used
in the most efficient and effective way and coordination with national contacts points for project. He/She
will liaise with the BC Project Leader and will report to the MS Project Leader. RTA shall provide
support to the relevant responsible Serbian governmental authorities. During the implementation of this
project RTA will be positioned in the Commissariat for Refugees and Migration. Duration of his/her
secondment will be 24 consecutive months.
Tasks of the RTA:
Responsible for monitoring project implementation and proposing corrective management actions
if required
Project management and coordination of the activities of the team members in line with the
agreed work plan to enable timely completion of project results
Selection, mobilisation and supervision of the short-term experts, together with the Project Leader
Advise on related EU policies, regulation and best practices
Facilitation of the contacts with peer institutions in EU member states in order to stimulate a
proper exchange of information, data and experience
Organization of visibility events (kick-off and final event)
Participation in preparation of meetings of the Project Steering Committee and reporting on the
project progress
Participation in preparation of the project progress reports and supervision of the preparation and
production of tasks reports
Identifying and reporting to the Contracting Authority, at the early stage, on all difficulties that
may jeopardize the implementation of the project and the achievement of its results
Profile of the RTA:
Requirements:
A university degree in social sciences or other relevant fields
A least 3 years of professional experience in asylum management field
Working experience with RSD procedure, migration management, building communication
between different governmental agencies
Contractual relation to public administration or mandated body, as defined under twinning manual
5.4.5
Experience in project management
Fluency in English language
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Computer literacy
Assets:
Experience in organizing and conducting trainings and other capacity building activities
3.5.3 Profile and tasks of the short-term experts
In order to achieve the mandatory results and to carry out the activities as per section 3.4 (activities) the
short-term experts assistance will be provided on specific aspects of project. Detailed agreement on
specific expertise required by short term experts will be agreed at the stage of development of the work
plan. MTEs and STEs should be identified by the Project Leader/RTA and have to be agreed with the
beneficiary institutions in the course of designing and delivery of the expected project outputs. Selection
procedures shall be transparent and based on pre-defined criteria, including detail professional
qualifications, and work experience.
Main areas of expertise required by the team of short-term experts should cover:
Expertise in the area of development of legal framework, including compatibility analysis of
domestic legislation with rules, standards of EU MS and international standards in regard to
asylum/migration management
Experience in receipt, accommodation and integration of asylum seekers
Experience in training/capacity building
Expertise in the improvement of internal procedures and acts relevant to the field of this project
Necessary experience in aspects of integration of asylum seekers
IT/database development
Experience in management of informational campaigns of concern for marginalised groups
Communications, etc.
Requirements:
University degree in law,social sciences, information and communication technologies or other
relevant field depending of the area of expertise
At least 3 years of professional experience in the in the field of asylum and migration or relevant
field depending of the area of expertise
Experience in providing assistance in the capacity building initiatives in the relevant field
Experience in consultancy on EU funded projects
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Experience in organizing and providing training
Fluency in English
Computer literacy
4. Institutional Framework
The main beneficiary institution and responsible for the implementation of the project will be the
Commissariat for Refugees and Migration. The Commissariat for Refugees of the Republic of Serbia is a
special institution of the government established by the Law on Refugees in 1992. By the Law on
Asylum the Commissariat for Refugees and Migration is responsible for accommodation and care of the
asylum seekers while the process is in progress. The adoption of the Law on Migration Management at
the end of 2012 established a coordinated system for migration management and defined the basic
concepts of migration. The concept of migration management is defined to include the processes of:
gathering and analysis of data relevant to the migration management; establishing a uniform system for
collecting, organizing and sharing information; identifying and proposing objectives and priorities of
migration policy; proposing and taking measures for the implementation of migration policy and
coordination of state bodies, which perform tasks related to the migration management. The Law
established new responsibilities of the Commissariat for Refugees in the field of migration management
which continued to work as the Commissariat for Refugees and Migration in accordance with the scope
determined by this Law and other laws.
Apart from Commissariat for Refugees and Migration, Ministry of Interior as a beneficiary of the
project will be included in the project implementation.
The cooperation among two beneficiary institutions is officially defined by the Law on Public
Administration. Apart from institutional arguments, due to divided competencies in the area of asylum
between the Commissariat for Refugees and the Ministry of Interior those two institutions have
developed cooperation on a daily level aiming at exchange of all relevant information of concern for
successful functioning on a daily level. For the purpose of the project implementation a joint Steering
Committee comprised of the representatives of all relevant stakeholders. A Project Steering Committee
(PSC) will be established for the direct control and supervision of the project implementation. The PSC
will be responsible for the overall quality of project implementation and provide strategic direction. The
Project Steering Committee will ensure that the project outputs and goals are met in time, approve work
plans and reports, offer guidance and advise on project activities. The Project Steering Committee will
meet on a quarterly basis.
The exact composition of the Project Steering Committee will be defined in the Twinning Contract.
However, the following persons/ representatives of institutions should at least be a member: BC Project
Leader, MS Project Leader, BC RTA Counterpart, RTA, CFCU, Commissariat for Refugees and
Migration, Ministry of Interior and Serbian European Integration Office. EU Delegation will be invited
as an observer.
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At its first session the PSC will decide on the inclusion of other members and observers, e.g.
representatives from other public authorities, related projects, representatives of civil society or other
entities as needed.
5. Budget
The total budget for this Twinning project is EUR 1.000.000.
Title: “Support to national asylum system in
Republic of Serbia”
IPA
Community
Contribution
National Co-
financing
TOTAL
Twinning Contract (EUR) 950.000 50.000 1.000.000
The co-financing requirement foreseen under IPA will be considered fulfilled according to the provision
of the relevant Financing Agreement.
The beneficiary will provide the MS twinning partner with adequate office space for RTA and experts,
meeting rooms and equipment necessary for relevant everyday activities and training foreseen in
twinning fiche.
Additionally, interpretation will be necessary for the translation of project documents/reports/legal acts
and training materials, to interpret during trainings and other similar project activities etc. It is
recommended that the costs for the project translation will cover not more than 3% of the budget of the
project, which should be calculated in the twining working plan budget.
6. Implementation Arrangements
6.1 Implementing Agency responsible for tendering, contracting and accounting including
contact person and full contact details
Ministry of Finance,
Department for Contracting and Financing of EU Funded Programmes (CFCU)
3-5 Sremska Street
SRB - 11000 Belgrade
Ms Natasa Šimšić, Programme Authorising Officer (PAO) /Head of CFCU
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Phone: +381 11 2021 389
Mr Darko Vasić, Quality Control Officer
Phone: +381 11 2021 412
E-mail: [email protected]
6.2 Main counterpart in the BC
BC Project Leader
The BC Project Leader will manage a project team at the Serbian side and will assure that the decision
makers at the national level will be informed properly on the implementation of the project. He will
ensure close co-operation and overall steering and coordination of the project. He will be also responsible
for drafting reports and other documents, related to project management at the Serbian side and will chair
Steering Committee meetings.
Mr Vladimir Cucić
Commissioner, Commissariat for Refugees and Migration
4 Narodnih heroja Street
SRB - 11000 Belgrade
Phone: +381 11 3129 595
RTA counterpart / Senior Programme Officer (SPO)
Mrs Svetlana Velimirović
Deputy Commissioner, Commissariat for Refugees and Migration
4 Narodnih heroja Street
SRB - 11000 Belgrade
Phone: +381 11 3129 590
6.3 Contracts
This project will be implemented through one Twinning contract.
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7. Implementation Schedule (indicative)
7.1 Launching of the call for proposals (Date): July 2014
7.2 Start of project activities (Date): April 2015
7.3 Project completion (Date): 24 months
7.4 Duration of the execution period (number of months): 24+3 months
8. Sustainability
By creating a framework and implementation mechanisms in relevant institutions, a sustainable
support systems will be created. The results of the legislative analysis and recommendations thereafter
shall be accepted and used as a base for further strengthening of this area of asylum issues. Results
shall be sustained by regular joint trainings, which will be made possible through the ToT programme.
The achievements of a Twinning project (mandatory results) should be maintained as a permanent
asset to the beneficiary administration even after the end of the Twinning project implementation.
This presupposes inter alia that effective mechanisms are put in place by the beneficiary
administration to disseminate and consolidate the results of the project.
Project will contribute to the raising capacities of the Republic of Serbia for provision of conditions,
procedures and unimpeded access to the rights fully align with the aquis using the best practice
experience of the EU MS. Apart from improvement of the overall asylum system in the Republic of
Serbia thus contributing to fulfillment of the international standards in the are of human rights the
project will have positive impact of the Serbia’s accession to the EU. Taking into consideration that
the Republic of Serbia has a status of the candidate country and the fact that negotiation process for
the accession to the EU has commenced, fulfillment of requirements define in the Chapter 23 and 24
would have significant impact on this process.
9. Crosscutting issues (equal opportunity, environment, etc…)
Equal Opportunities and non-discrimination
Policy of equal opportunities and non-discrimination will be taken as one of the overall principles in
support to strengthening the asylum system in the Republic of Serbia. The project will promote high
20
standards of equality and gender mainstreaming both in strengthening the relevant legislative
framework in line with international and EU standards as well as in its training component, especially
encouraging active participation of the female staff in all activities. In the reporting, a gender
disaggregated data will be kept and followed. The Project will be implemented in a non-discriminatory
manner with equal opportunities observed and firm guarantees that distinctions will not be drawn on
the basis of sex, race, ethnicity, religion or other possible grounds in any regard. Gender equity
principles will be respected in the implementation of all Project activities.
Environment and climate change
Implementation of the project will no have any negative impact to environment and climate change.
All the materials which will be used during project implementation and development of that database
will be environmentally friendly and subjected to recycling.
Civil Society/Stakeholders involvement
Consultative process is highly appreciated in all implementation phases, especially in the process of
amendment of the law and development of by laws, rules of procedures, guidelines, development and
implementation of the media campaign. Civil society organisations will be welcomed to actively
participate in development and implementation of the aforementioned activities.
10. Conditionality and sequencing
Prior commencement of the projects, the Government of the Republic of Serbia will provide adequate
office spaces by the beneficiaries. The beneficiaries will gather a team of specialised staff (migration
and asylum experts) providing all necessary assistance and closely cooperate with the Twinning
partner.
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ANNEX 1: Logical framework matrix in standard format
LOGFRAME PLANNING MATRIX FOR Project Fiche
Support to national asylum system in the Republic of Serbia Contracting period expires
3 years after the signing of
the FA
Execution period expires 6
years after the signing of the
FA
Total
budget
1.000.000 EUR
IPA
budget:
950.000 EUR
Overall objective Objectively verifiable indicators
(OVI)
Sources of Verification
The overall objective is to contribute to Serbian’s efforts to harmonise
national policies within the home affairs sector in line with EU
standards and the acquis in the field of asylum and migration.
Ratio of supported asylum
seekers as compared to the total
number of asylum seekers
Reports of the Serbian
European Integration
Office on
implementation of
NPAA
MoI reports
MoI Reports, SCR
Reports; Reports on
implementation of
migration management
strategy
Specific objective Objectively verifiable indicators
(OVI)
Sources of Verification Assumptions
To improve capacity for implementation of asylum policies in line with
international and EU standards concerning both, procedure and
reception condition and to reduce number of unfounded asylum
applications from Serbian nationals.
Improved ratio of persons
included into complete
integration process compared
to number of persons awarded
international protection
Improved ratio between
number of first instance
decision and number of
Yearly Report of the
SCR to the Government
of the Republic of
Serbia
Yearly Report of the
Border police to the
General Police
Directorate of the
Ministry of the interior
Serbia`s EU integration
orientation
Close collaboration of SCR,
MoI, MoESTD, MoLESP
22
submitted requests for
international protection
Results Objectively verifiable indicators
(OVI)
Sources of Verification Assumptions
1. Result 1. Improved capacities of institutions dealing with
issues of concern for asylum seekers, especially in the area
of advanced interview techniques and advanced country of
origin information research;
At least 5 trainers on
advance interview technique
and advance country of
origin information research
trained
At least 8 employees from
relevant institutions
participate in study visit the
relevant institutions within
EU countries
During the first 12 months
of the project, procedural
guide relating to the
exercising and protection of
the rights of asylum seekers
has been developed and
approved by competent
authority
By the end of the project, a
database of persons whose
intentions to seek asylum
has been established and
using existing lines,
communication between
the database and the
regional police directorates,
asylum centres and
reception centre for
foreigners has been
MoI Reports
Project Reports
SCR Reports
Reports on
implementation of
migration management
strategy
23
enabled through establishin
g adequate procedures
Modality for translation
and translators services
established
2. Improved capacities of services providers in charge of
unaccompanied minor asylum seekers
Manual for service
providers dealing with
Unaccompanied Minor
Asylum Seekers (UMAS)
developed according to EU
requirements;
All service providers
dealing with UMAS within
municipalities/cities
wherein capacities for the
accommodation of asylum
seekers are located, trained
in accordance with
developed curriculum;
Exchange of experiences
with European
Fundamental Rights
Agency and other relevant
EU agencies provided;
MoI Reports
SCR Reports
Reports on
implementation of
migration management
strategy
3. Timely and adequate integration support mechanisms
for persons granted international protection in Serbia
established
Programs for integration
support mechanisms
developed
Curriculum for the learning of
the Serbian language and
culture for those who have
opted for integration
developed;
MoI Reports
SCR Reports
Reports on
implementation of
migration management
strategy
24
Research of possibilities for
the implementation of
programs for vocational
trainings for occupations
correspondent to a deficit in
the labour market conducted
during the first year of the
project implementation.
4. Legal framework aligned with EU law; Until the end of the project,
necessary amendments to
the Law on Asylum, as also
accompanying bylaws and
rules of procedure have
been completed and
proposed for adoption by
MoI and CRS;
Procedures for the
enhancement of the
protection of documents
issued to asylum seekers
developed and approved by
MoI by the end of the
project
MoI Repors
Project Reports
25
5. Public informed on the rights, obligations and problems
of asylum seekers in Serbia as well as Serbian potential
asylum seekers in EU MS informed about concequences
of free visa regime abuse and abuse of visa-free short
stay in MS;
Public opinion surveys in
Serbia conducted on the
beginning and at the end of
the project implementation
Desk based research on
existing data and surveys in
order to identify
appropriate methodology
and areas for intensity
information campaign
towards potential asylum
seekers from Serbia
conducted
Communication plan and
info campaigns addresing
Serbian citizens and
potential asylum seekers
(both from Serbia and in
Serbia) prepared and
implemented
Project Implementation
Report
Project Surveys
Activities to achieve results Means / contracts Costs Assumptions
Activities related to Result 1:
To organize and conduct trainings for trainers in accordance
with the established curriculum concerning advanced
interview techniques and advance country of origin
information research
To organise study visit to competent institutions in charge of
the protection of asylum seekers within EU countries
Completion of guidelines intended for competent institutions
for providing services to asylum seekers
Review the existing databases of foreigners whose intention to
seek asylum has been recorded and prepare recommendations
for improvement
One Twining Contract 1.000.000 EUR
26
To prepare procedure for management of database of
foreigners whose intention to seek asylum has been recorded
and enabling access to this data to the Sector for Readmission
of the Ministry of Interior and other relevant external users
To establish the modality for translation and translators
services
Activities related to Result 2:
Development of manual for service providers dealing with
Unaccompanied Minor Asylum Seekers (UMAS) developed
according to EU requirements;
Conducting trainings for service providers working with
UMAS on local level wherein capacities for the
accommodation of asylum seekers are located;
Establishment of cooperation with the European Fundamental
Rights Agency and other relevant EU agencies in the
realization of project activities;
Activities related to Result 3:
Conduct an analysis and prepare programs for development of
the integration support mechanism for asylum seekers;
To develop the curriculum for the learning of the Serbian
language and culture for those who have opted for integration
Research of possibilities for the implementation of programs
for vocational trainings for occupations correspondent to a
deficit in the labour market
Activities related to Result 4:
Preparation of necessary amendments on the Law on Asylum,
bylaws and rules of procedures;
Establishment of procedures which enhance the protection of
documents issued to asylum seekers.
Activities related to Result 5:
Conducting a public opinion surveys on asylum seekers in
Serbia on the beginning and at the end of project
implementation concentrated on those municipalities/cities
wherein asylum centres are located or should be located
Conducting desk based research on existing data and surveys in
27
order to identify appropriate methodology and areas for
information campaign toward potential asylum seekers form
Serbia of their rights and obligations under the visa-free-
regime.
Based on results of the first public opinion survey and desk
based analysis, preparing and implementing communication
plan and info campaign.
Intensify the information campaigns towards potential asylum-
seekers in regard to their (Human) Rights in Serbia.
28
ANNEX 2- List of relevant Laws and Regulations
Law on Asylum (Official Gazette of the Republic of Serbia, No. 109/07) which came into effect in
2008 defines the process for obtaining right to asylum protection, defines the responsibilities and
rights of asylum seekers, persons seeking asylum, persons who have been granted refugee, subsidiary
or temporary protection within the asylum process, precisely defines the competencies of institutions
involved in the process of resolving asylum claims, providing basic living conditions and the
protection of the human rights of asylum seekers. By means of this law two fold administrative
procedure has been envisioned regarding the resolution of asylum claims, the possibility of appealing
to the Administrative Court as a tertiary judicial instances, provision of the accommodation and basic
living conditions of asylum seekers within the Asylum Centre as also the integration of those persons
who have been granted subsidiary, temporary protection or asylum.
The adoption of the Law on Migration Management ("Official Gazette of RS", No. 107/12) at the
end of 2012 established a coordinated system for migration management and defined the basic
concepts of migration. Law on Migration Management created legal framework for integration of
persons granted with the refugee status and international protection .In order to provide successful
implementation of the Law, development of by law regulating employment, housing, access to rights
within the integration process of persons granted with protection is necessary. The Law established
new responsibilities of the Commissariat for Refugees in the field of migration management which
continued to work as the Commissariat for Refugees and Migration in accordance with the scope
determined by this Law and other laws. The Law on Migration Management.
The Integrated Border Management (IBM) Strategy, which was adopted on 8th
November 2012, is
a document by which the Republic of Serbia determines the policy regarding establishing a system of
integrated border management. It sets a framework for the elaboration of harmonised and
synchronised sector strategies and for implementation plans, defines roles and responsibilities of the
state authorities and relevant border services, identifies strategic goals, and decides on basic
directions for actions during the process of establishing and implementation the long-term
sustainability and stability of the established system of integrated boarder management. The Action
Plan for implementation of this Strategy is under preparation.
Related to this, Serbia has a Strategy for Illegal Migrations Suppression and Strategy for Fight
against Trafficking in Human Beings. This Strategy is valid until 2013, and a new strategy and
action plan are in preparation. This will take into consideration international recommendations and
latest trends in fight against human trafficking.
In July 2009, the Republic of Serbia adopted the Migration Management Strategy, addressing all
aspects of migration, with the aim to monitor and manage migration in line with European standards
and regulations in this area. Some of the measures this Strategy foresees is monitoring of the
implementation of the Law on Asylum and removal of eventual demerits in order to provide
29
unimpeded access to rights by asylum seekers especially the right to integration, and creation of the
conditions for sustainable return and integration of refugees and,, sustainable return of IDPs,
improvement of the living conditions of IDPs while they are in displacement, and the reintegration of
returnees on the basis of the readmission agreements.
The Strategy for Combating Illegal Migration (2009-2014) in the Republic of Serbia is based on
the National Programme for Integration in the European Union, Strategy of Integrated Border
Management in the Republic of Serbia and current reform processes in the country, above all those
listed in the European Partnership document. In addition to that, the strategy was prepared in line
with guidelines from the Schengen Catalogue, Schengen Acquis and the concluded international
conventions in the field of human rights protection, rights of asylum seekers and refugees. It is also
based on the concept of integrated Western Balkans border management issued by the European
Commission that comprises coordination and cooperation among all competent public authorities and
services included in border security and trade facilitation aiming at establishment of effective,
efficient and integrated border management systems for the purpose of achieving common goal of
open but controlled and secured borders.
30
ANNEX 3- Organizational Schemes of the Commissariat for Refugees and Migration and the Ministry
of Interior of the Republic of Serbia
31