19.09.2014 Serbia, Macedonia and Bosnia-Herzegovina are declared safe countries of origin

On September the 19th, the decision as to whether Serbia, Macedonia and Bosnia-Herzegovina will be declared safe countries of origin on part of Germany will be made. The debate about the security against persecution and discrimination in the three states is discussed especially in reference to the fate of the Rroma. In this regard, there are major disagreements whether and how Rroma are exposed to discrimination. While the proponents of the new law assume that the Rroma are indeed affected by poverty in the three countries, they claim that they are free of persecution. Just the opposite is stated by many refugee and asylum organizations, and also by the central council of German Sinti and Roma. These different views concerning the security situation of minorities in Serbia, Macedonia and Bosnia-Herzegovina reveal that the assessment of marginalization and discrimination are based on very different criteria: supporters of a poor security situation refer to meaningful individual cases of discrimination – famous are cases that proof the difficult access to health care and other institutions, or show the harassment by government officials: “Already now, the reasons people have to flee from Serbia, Macedonia and Bosnia-Herzegovina are examined too superficially, criticises the Frankfurt lawyer Reinhard Marx. […] Especially [application from] Roma of the Western Balkan countries are already now mostly rejected without detailed examination “as manifestly unfounded”, the lawyer says. He tells of hearing reports and decisions of the branch offices of the BAMF [Federal Office for Migration and Refugees]. Refugees have reported “racist assaults, attempted rape of girls and suchlike.” “In reasoning of the refusal, this was not addressed all”, says the lawyer, the reasons for flight are not carefully examined, “which for me is no longer the rule of law” (Grunau 2014). In contrast, the proponents of the new law refer to the recognition of the Rroma by the political establishment of the countries, the appreciation of Rromanes, and the historical evidence in all strata of society of the integration of the minority, especially in the countries of former Yugoslavia. Ottoman tax registers proof this already for the 15th century, where Rroma are listed as lawyers, doctors and policemen (Rroma Foundation 2002). This integration does not mean that there is no discrimination since 1989, through the strong growth of nationalism in the countries of South Eastern Europe. Again, different evaluation criteria are applied: according to the proponents of the new law, there is discrimination but no systematic persecution. How can one accurately measured and assess the severity of discrimination? In Bosnia-Herzegovina, because of the Dayton Agreement, there is only a constitutional protection of Bosnians, Serbs or Croats, but no official recognition of other minorities. But this does not mean that minorities such as Rroma are not discriminated against in everyday life, the critics claim. The different opinions reveal that the knowledge about Rroma is still dominated by a lot of uncertainties and gaps in knowledge, and that the discrimination of a minority in various countries is anything but easily to determine. Therefore, in doubt, the individual experience of discrimination should always be favoured over a general assessment of the security situation. One owes that to persons who indeed suffer of discrimination. – Neues Deutschland (2014) reports that the stricter asylum law is being adopted because of the approval by the red-green government of Baden-Württemberg. The Green minister president of Baden-Württemberg, Winfried Kretschmann, is now criticised because of his decision in his own party. Other German daily newspapers confirm the decision: Serbia, Macedonia and Bosnia-Herzegovina are now safe countries of origin from Germany’s viewpoint. This means that asylum applications from these countries will be handled in an expedited fashion in the future and that discrimination will no longer be recognised as a reason for asylum (compare Brey 2014, Deringer/Lierheimer 2014, Frenzel 2014, Handelsblatt 2014, Lang 2014, Mappes-Niediek 2014, MDR 2014, Möhle 2014, Scholz 2014, Wallraff 2014, Wölfl 2014).