Action points based on findings

·         Support the efforts of the Ministry of Labor, Employment, Veteran’s and Social Affairs (MLEVSA) to establish a working group on victim assistance empowered to develop and implement a plan to improve access to assistance for mine/explosive remnants of war (ERW) survivors.

·         Pass and begin to implement the draft Law on the Protection of Veterans with Disabilities without delay.

·         Simplify the bureaucratic procedures that prevent mine/ERW survivors from accessing benefits to which they are entitled.

Victim assistance commitments

The Republic of Serbia is responsible for significant numbers of landmine survivors, cluster munition victims, and survivors of other ERW who are in need. Serbia has made commitments to provide victim assistance through the Mine Ban Treaty.

Casualties Overview

In 2013, two casualties from ERW were identified in Serbia.[1] Two men were killed after finding the explosive at a military testing ground; it was assumed that they were collecting scrap metal.[2]

In 2012, the Monitor identified 12 casualties in three separate incidents, including two clearance accidents that killed three deminers involving cluster submunitions on Mt. Kopaonik, close to a popular ski resort.[3]

The last confirmed mine casualties in Serbia were reported in 2005. Annual mine/ERW casualty figures have declined in recent years, following a peak in 1999 and 2000.[4]

The total number of mine/ERW casualties in Serbia is not known. In 2004, 1,360 casualties (24 killed; 1,336 injured) were reported between 1992 and 2000 by Serbia and Montenegro.[5]

Cluster munition casualties

At least 78 casualties occurred during NATO cluster munitions strikes in Serbia. A further 19 casualties were caused by unexploded submunitions between 1999 and 2013. Cluster munitions are estimated to have caused more than 100 unreported casualties in Serbia during strikes on Nis. In addition, unexploded submunitions are known to have caused casualties in several regions, which were not reported to the authorities.[6] A survey by Norwegian Peoples Aid (NPA) identified 191 cluster munitions casualties (31 killed; 160 injured) for the period between 1999 and 2008, but details were not provided and the report did not differentiate between casualties during strikes and those caused by unexploded submunitions.[7] In 2012, three casualties from cluster submunitions were reported by the Ministry of the Interior.[8]

Victim Assistance

The total number of survivors in Serbia is not known, but it has been estimated to be between 1,300 and 8,000.[9] As of June 2014, Serbia reported a total of 1,316 civilian (921 men and 395 women) war victims with disabilities; it was not known how many were victims of landmines and ERW versus other conflict-related causes.[10] In 2013, Serbia had reported a total of 2,198 civilian war victims with disabilities registered with the government.[11]

Victim assistance since 1999

Since Monitor reporting began in 1999, progress on victim assistance in Serbia has been extremely limited. First planned in 2004 and cited as a priority for several years thereafter, a comprehensive government database of mine/ERW casualties and the needs of survivors had not been developed as of early 2013.[12] In 2012, Assistance Advocacy Access Serbia (AAAS), the national survivors’ association founded in 2010, completed a national survivor needs assessment.

Although a state victim assistance committee was formed on paper, through the end of 2013 Serbia lacked effective coordination among governmental bodies responsible for the provision of victim assistance as well as a national victim assistance plan. In late 2011, Serbia announced plans to begin developing a national victim assistance plan though work on this was stalled throughout much of 2012; efforts to coordinate resumed at the end of 2013.

From 1999, the quality of medical and physical rehabilitation services deteriorated while government social and economic reintegration programs for survivors ended. Survivors groups reported that bureaucratic procedures over this period made it increasingly difficult to access rehabilitation services. At the same time, pensions for disabled veterans were significantly reduced. Despite equal opportunity laws, unemployment among survivors and other persons with disabilities remained high through 2013.

For several years, the local association of survivors Goodwill (Dobra Volja) provided psychosocial support and other services until its closure in 2009 due to a lack of both funds and state support. Numerous local survivor associations exist to provide peer support and advocate for members rights, though they have limited financial resources or none at all. Since 2010, AAAS worked with local survivor associations to strengthen their capacity to carry out national advocacy and work for improved victim assistance.

Victim assistance in 2013

When Serbia changed the government victim assistance focal point from the Special Hospital of Rehabilitation (SHROP) to the Sector for Protection of Veterans with Disabilities within the MLEVSA in 2012, it marked an important shift from a medical focus for victim assistance to a social approach. However, national elections in 2013 stalled progress for much of the year. In December 2013, the MLEVSA began establishing a working group on victim assistance.

Few changes were identified in the availability of or access to services and programs by mine/ERW survivors in 2013. The May 2014 floods caused both the state and many local NGOs to re-prioritize their programming to focus on relief for flood victims. This caused a general reduction in services and programs for mine/ERW survivors as funds were diverted for emergency relief.

Assessing victim assistance needs

In June 2014, the MLEVSA announced plans to establish a database of persons with disabilities by October of 2014 with the intention of improving regulations for providing assistive devices. The database was to be updated regularly on the current needs of individuals. According to information released by the MLEVSA, inclusion in the database would be limited to members of disabled persons’ organizations.[13] In 2011, the MLEVSA began testing a centralized database of veterans with disabilities, including civilian victims of armed conflict, established in 2009.[14] As of June 2014, data was disaggregated by sex and civilian versus military veteran status but work had not yet been done to disaggregate by the cause of the disability.[15]

Throughout 2013 and the first half of 2014, AAAS continued to share data collected through its national needs assessment of over 500 mine/ERW survivors and their family members with relevant government ministries. Data shared with the MLEVSA was used by the Ministry to draft plans and policies.[16] AAAS member groups used the results of the survey in planning 2013 program activities and in applying for project funding from local authorities.[17]

The association of war victims in Loznica collected data on the needs of mine/ERW survivors and other victims of armed conflict on an ongoing basis.[18]

Victim assistance coordination

In December 2013, the MLEVSA began setting up a working group on victim assistance. While no meetings had been held by June 2014, members of the working group were reported to represent various units within the MLEVSA, including protection of persons with disabilities, employment, and gender equality as well as the ministries of defense, foreign affairs, education, and civil society.[19] The stated purpose of the working group was to “enable monitoring of the progress made in providing assistance to victims within broader national plans and legal framework” and to “support the actions, under the relevant conventions, taken by experts in the areas of health, rehabilitation, social services, education, employment, and gender equality.”[20]

During 2013 and the first half of 2014, the MLEVSA, as the victim assistance focal point, consulted regularly with associations of mine survivors to share information and discuss the establishment of the victim assistance working group.[21]

On 10 May 2013, the National Association of Veterans with Disabilities of War and Peace (URMVI) convened a national meeting on “Current issues and difficulties of the veterans with disabilities in the area of prosthetics and orthopedics” that brought together representatives of all relevant ministries, including the Ministry of Health and the MLEVSA as well as all associations of disabled veterans and private prosthetic companies. Participants developed a set of recommendations on how to improve access to and quality of prosthetics and other rehabilitation aids. The representative of MLEVSA committed to work on the implementation of regulations.[22]

In June 2014, Serbia announced plans to resume the development of a national victim assistance plan as part of the planned activities of the working group on victim assistance.[23] In December 2011, the Ministry of Health had taken initial steps to draft a national victim assistance plan[24] but efforts were suspended following elections and changes in administration in 2012.[25]

Serbia reported on progress and challenges in responding to the need of mine/ERW victims at the Third Review Conference of the Mine Ban Treaty in June 2014. It called for the exchange of experiences and best practices in this area with other states.[26] Serbia did not make a statement at the Thirteenth Meeting of States Parties to the Mine Ban Treaty in Geneva in December 2013 nor did not include an update on victim assistance in its Mine Ban Treaty Article 7 report for calendar year 2013.[27]

Survivor inclusion and participation

In 2013, there were no official coordination meetings on victim assistance in which survivors could participate; survivor organizations were represented in consultations with MLEVSA on the establishment of the victim assistance working group.[28]

Survivors participated in drafting the Law on the Protection of Veterans with Disabilities and provided input on the draft law through the first half of 2014.[29] In April 2013, the Serbian Parliament held a public hearing on the situation of war veterans in which representatives of survivor associations participated. The hearing resulted in a set of recommendations including efficient processing of the draft law on veterans with disabilities, simplified procedures to access physical rehabilitation, and increased availability of psychological support.[30] As of August 2014, no updates were available on the implementation of recommendations. Mine survivors and their representative organizations, coordinated by AAAS, participated in a national dialogue on accessibility regulations held by the Office of the Deputy Prime Minister; reformed accessibility regulations were passed in May 2013.[31]

The Disabled Veteran’s Association of Krusevac participated in a local planning committee in their municipality;[32] the Krusevac Association and the Vlasotince Association participated in regional peacebuilding meetings in Bosnia and Herzegovina and Macedonia.[33]

Survivors participated in psychological support programs including peer support groups and in the provision of legal aid through local and national networks of survivors.[34] There was no inclusion of survivors in the design or implementation of government-administered programs, such as healthcare or rehabilitation, which might benefit survivors.[35] Survivors also participated in relief efforts, including by distributing food and water, following the May 2014 floods in Serbia.[36]

Service accessibility and effectiveness

Victim assistance activities[37]

Medical care

All civilian victims of armed conflict in Serbia, including mine/ERW survivors, are entitled to healthcare and financial benefits related to the provision of healthcare.[38] No changes were identified in the quality or availability of medical care in 2013; survivor associations continued to report that available care was insufficient to meet the needs of survivors, citing bureaucracy as a major obstacle to accessing care, especially specialized services.[39] Only basic services were available through local health centers.[40]

Physical rehabilitation

In 2013, no changes were identified in access to physical rehabilitation and prosthetics at the government-run SHROP; these services remained extremely limited for civilian mine survivors. Although most were injured years or decades ago, several survivors and their representative organizations found it nearly impossible to get replacement devices, except immediately following surgery on amputated limbs.[41] One association of armed conflict victims reported wait times of more than six months before even receiving any response at all to applications for replacement prosthetics.[42] Some members of local associations of veterans with disabilities received rehabilitation services that were organized and funded through the associations.[43]

Psychological support and social inclusion

SHROP provided psychological support to patients receiving physical rehabilitation services.[44] Survivor associations found professional psychological support through the public health sector to be completely insufficient, reporting several cases of untreated psychological illness that ended in suicide.[45] Several local survivor associations continued to provide psychological and peer support to mine victims and family members through home visits and group therapy.[46]

There was generally seen to be increase in inclusive sports activities in 2013, which was believed to be related to a new law requiring equal opportunities in sports.[47] However, AAAS reported decreased funding to support inclusive supporting events while URMVI Krusevac contributed to the establishment of a sports association for persons with disabilities in December 2013.[48]

In 2013, the Office of the Ombudsperson found Serbia to lack clear rules and regulating procedures to ensure that children with disabilities were able to access inclusive education.[49] Barriers to such access included a lack of teacher training, a lack of appropriate education materials, uncooperative school administrators, and discrimination from other parents.[50]

Economic inclusion

All registered mine/ERW survivors, as civilian war victims, are entitled to a monthly pension based on the medically assessed degree of their disability as well as subsidized transportation;[51] however, bureaucratic procedures prevented some survivors from accessing these benefits.[52] In Loznica, survivors obtained the right to the additional benefits of free transportation and a 15% discount on basic utilities in 2013.[53]

Unemployment and discrimination in hiring remained a serious problem for persons with disabilities.[54] Projects promoting small businesses or access to employment were rare or non-existent in most regions. Survivor associations reported that members had difficulties in accessing loans.[55]

The national ombudsman found that the MLEVSA failed to implement official policies to stimulate professional rehabilitation and employment of persons with disabilities.[56]

Laws and policies

Little progress was seen in 2013 to implement accessibility regulations passed in 2012; improvements in accessibility were completely nonexistent in rural areas.[57] Isolated improvements were generally considered to be the result of lobbying efforts by veterans groups and disabled persons’ organizations.[58]

A government audit in 2013 of accessibility of some public buildings in Belgrade found that just seven of the 21 examined were inaccessible.[59] However, an audit of those public facilities that persons with disabilities were most likely to use carried out by AAAS and its members found that at least two of the buildings found to be accessible in the government audit could not be accessed by AAAS members. MLEVSA’s office working with disabled veterans and war victims was one of those two buildings found to be inaccessible.[60]

Serbia’s Strategy for Promoting the Equal Status of Persons with Disabilities 2007 to 2015 recognizes the equal rights of all persons with disabilities, including all victims of armed conflict.[61] However, throughout 2013 civilian war victims and other persons with disabilities continued to have less access to assistance as compared with military victims.[62] Military victims were entitled to receive higher quality prosthetics.[63] There was a lack of age and gender appropriate victim assistance overall.[64] The association of disabled war victims in Loznica saw some improvements in gender differentiation in 2013.[65]

Public opinion research conducted in November 2013 found that persons with disabilities remained one of the most discriminated groups in Serbia.[66] In 2013, complaints were filed with the Commissioner for Protection of Equality by persons with disabilities as a result of discrimination in interactions with government officials, in employment, provision of public services, and use or access to public facilities and spaces. Serbia also lacked a standardized process, based on a social model of disability, to review the eligibility of persons with disabilities to drive motor vehicles. The commissioner’s report indicated that many more incidents of discrimination likely occurred during the year but many persons with disabilities were unable to file a complaint.[67]

Serbia ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 31 July 2009.