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;


Coverage of Unaccompanied Minor Asylum Seekers (UMAS) by procedures / protocols

standardized according to EU requirements


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


Ratio between number of requests for different services by persons awarded with international

protection and number of services provided in accordance with agreed procedures


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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;


Documents issued to asylum seekers in line with EU standards


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;


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


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


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


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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


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


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.

http://www.kirs.gov.rs/docs/Zakon_o_upravljanju_migracijama.pdf

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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

[email protected]

4 Narodnih heroja Street


Phone: +381 11 3129 595

RTA counterpart / Senior Programme Officer (SPO)

Mrs Svetlana Velimirović

Deputy Commissioner, Commissariat for Refugees and Migration

[email protected]

4 Narodnih heroja Street


Phone: +381 11 3129 590

6.3 Contracts

This project will be implemented through one Twinning contract.

mailto:[email protected]



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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


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


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


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


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


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


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


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;


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


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.


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.

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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

http://www.kirs.gov.rs/docs/Zakon_o_upravljanju_migracijama.pdf

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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.

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ANNEX 3- Organizational Schemes of the Commissariat for Refugees and Migration and the Ministry

of Interior of the Republic of Serbia

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