6 Council of Europe, which requires implementation of the Geneva Convention on the Status of Refugees and its 1967 Protocol.183 Building a functional asylum system in compliance with valid international and European standards implies changes in current practices in terms of respecting the principle of non-refoulement and procedures at state borders. The Thessaloniki Agenda for the Western Balkans sent an important message regarding the liberalization of the visa regime. Since then, there have been several reiterations of how progress will depend on countries implementing major reforms in strengthening the rule of law; fighting organized crime, corruption and illegal migration; and building capacities in border management and the security of travel documents. This is particularly important given that three neighbouring countries are now EU members; they are processing an increasing number of visa applications for Serbian citizens. Serbia has to a very high degree harmonized its visa regime with that of the EU.184 Citizens of the countries of the region, with the exception of Albania, are allowed to enter Serbia without a visa. In terms of issuing visas, Serbia is in the initial stage of reforms. It is first necessary to change the dated legal framework. The existing Law on the Movement and Stay of Foreigners185 and the relevant by-laws should be replaced by a new legal framework, accompanied by efforts to build the institutional framework in line with developments in the EU. The new Law on Travel Documents paves the way for issuing secure travel documents to the Serbian citizens that will contain biometric data that cannot be easily altered or falsified. This represents a key condition for the liberalization of the visa regime. In 2007, progress was made towards the final suspension of visas through an agreement on visa facilitation with Serbia and the countries of the Western Balkans. This will simplify and accelerate the procedures for issuing visas, and maintain visa fees at earlier levels, with exemptions for specific categories of travelers (business people, students, journalists, etc.). In 2008, the European Commission launched a dialogue with the Western Balkan countries on conditions for lifting visa requirements, notably detailed roadmaps with clear benchmarks for visa liberalization (European Commission 2008).
Regional initiatives Regional cooperation around migration, asylum and visas involves a number of initiatives. The European Commission has sponsored projects on issues such as establishing legal, regulatory and institutional frameworks, and building unified approaches. The MARRI initiative, the Budapest Process, annual ministerial conferences and meetings under the South Eastern Europe Cooperation Process have worked on a variety of fronts. MARRI deals primarily with the movement of people. The Budapest Process is a consultative forum of governments of 50 countries186 and 10 international organizations that promotes good governance related to migration and harmonized approaches to illegal migration.
183
See Opinion No. 239/2002 of the Parliamentary Assembly of the Council of Europe.
184
The visa regime of the EU is prescribed by the Council Regulation Nr. 539/2001 of 15 March 2001 and the subsequent revisions.
185
In September 2008, the draft Law on Foreigners entered Parliamentary procedure.
186
Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Georgia, Hungary, Italy, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey, Turkmenistan, United Kingdom, Ukraine and Uzbekistan,
Human Development Report Serbia 2008 175