6 Serbia’s response
CHAPTER 6 SECURITY
Box 6.4: Readmission agreements Readmission agreements show a willingness of signatory parties to cooperate in fighting illegal migration. Based on the principle of reciprocity, these agreements establish quick and efficient procedures for identification, and the safe and proper return of persons who do not meet or no longer meet the conditions for entry and stay in a given territory. Signatories also affirm that they will respect international law, primarily the provisions of the European Convention on the protection of human rights and fundamental freedoms, and the Geneva Conventions. For Serbia, this means an obligation to accept its citizens, and citizens of third countries and stateless persons who have entered the territory of the other signatory party after having legally entered Serbia.
Although facing a truly complex migration scenario, Serbia does not have a national migration management strategy, accompanied by operational plans and the identification of specific needs in legislation, institutional reform, staff training, procurement of equipment, etc. Such a strategy would need to address illegal migration. It should indicate the contribution of migration to the future development of Serbia by integrating migration management in national development plans, such as through investments in education, and human and financial capital. A great number of educated persons have left Serbia, with no indication of their permanent return. The reasons for such decisions lie not mainly in the lack of employment opportunities, but rather in the overall living conditions in Serbia. Serbia needs to think about correcting its policies, and analysing this issue to begin drawing benefits instead of sustaining losses. Links between migration and development are clear from looking at remittances from the diaspora. In 2006 (World Bank), Serbia and Montenegro ranked 11th worldwide in the value of remittances from abroad, and even higher when the value was compared to GDP. Foreign currency remittances amount to an estimated US $4 billion annually, representing the second most important source of income, after foreign direct investment. Serbia leads on this score in comparisons to other ex-Yugoslav states (SECO 2007). These funds, nevertheless, “are not included in savings and the economic development of the country, and there are no strategic plans for their use, nor are they invested in a planned manner into major investment projects.”180 The issue of illegal migration has for years been present in relations between Serbia and the EU. It was among the reasons the EU listed the then-Socialist Republic of Yugoslavia on its negative visa regime list at the beginning of the 1990s. One of the major indicators of problems with illegal migrants from Serbia in EU member states is the number of asylum applications that have been refused (about 90 percent). In view of the importance that the EU gives to stopping illegal immigration, Serbia should take a strategic approach and establish an efficient system for control. This would boost its drive to become a desired and equal EU partner. The Readmission Agreement signed with the EC, and previous agreements (see Box 6.4),181 will be important elements, along with the establishment of an appropriate visa regime. Efficient implementation of the Readmission Agreement would imply developing programmes, preferably in partnership with the EU, to encourage the sustainable return of Serbian citizens, with a focus on municipalities more affected by the phenomenon. These and other criteria will help lead Serbia to the White Schengen List. In a situation of missing legal and institutional frameworks for the protection of refugees in compliance with international law and standards, the UN High Commissioner for Refugees is carrying out a procedure for granting refugee status to refugees originating outside the countries of the former Yugoslavia (third-country citizens), until institutions in charge of asylum are established. Serbia’s new Law on Asylum, harmonized with international conventions to which Serbia is a state party,182 only entered into force in April 2008. This relates also to EU accession requirements and obligations resulting from full membership in the 180
According to the statement by the Governor of the National Bank of Serbia on 29 July 2007 [www. b92.net].
181
Apart from the Readmission Agreement signed with the EC, there are at present 16 readmission agreements in force with 18 countries: Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Denmark, France, Germany, Hungary, Italy, Luxembourg and the Netherlands, Slovakia, Slovenia, Sweden and Switzerland.
182
The most important are the 1951 Convention Relating to the Status of Refugees, and the 1967 Protocol Relating to the Status of Refugees.
174 Human Development Report Serbia 2008