Eparchy of Raska and Prizren: Avoid application of regulations that would have a negative impact on the Serbian community

Vodič
Source: Kosovo Online

In a statement issued this evening regarding the implementation of the law on foreigners and its potential consequences for the Serbian community, the Eparchy of Raska and Prizren warned that rigid and hasty enforcement of the rules, without a clear transitional regime and without workable procedures for larger groups of people, could lead to unforeseeable consequences. The Eparchy called on all competent authorities to act responsibly and, through dialogue and practical solutions, to avoid any application that would have a negative and discriminatory effect on the Serbian community.

“The Eparchy of Raska and Prizren of the Serbian Orthodox Church, as a Church that has lived for centuries with its faithful people in Kosovo and Metohija and that directly shares the everyday concerns and needs of our believers, is closely monitoring the announcements and public statements regarding the intensified enforcement of regulations governing the entry, residence, and work of ‘foreign nationals’ in Kosovo and Metohija. We therefore consider it our pastoral duty to point out the real and concrete risks that such practice may produce for the Serbian community, particularly in relation to the right to education, work, and an undisturbed life,” the statement reads.

While the Eparchy acknowledges the right of the competent institutions to regulate issues concerning residence and movement of persons, as well as the need to act in accordance with applicable rules, it emphasizes that such sensitive matters must be addressed through dialogue with the Serbian community, precisely because of their high sensitivity.

“It should also be borne in mind that, in the context of longstanding unresolved status and administrative issues, as well as the specific circumstances of life for the Serbian community, there is justified concern that rigid and hasty enforcement of rules, without a clear transitional regime and without feasible procedures for larger groups of people, could lead to unforeseeable consequences that do not contribute to legal certainty or the public interest, but rather increase uncertainty and tensions,” the Eparchy states.

The Eparchy notes that particular concern is caused by “the possibility that persons who have lived and worked in Kosovo and Metohija for years, as well as students and employees in educational and healthcare institutions of importance to the Serbian community—especially the University in Kosovska Mitrovica—may be treated as ‘foreign nationals’ within the meaning of migration regulations, without a realistic and accessible mechanism to regulate their status within a reasonable timeframe.”

If the status of students and employees is conditioned by criteria that are not applicable in practice to institutions of vital importance to the Serbian community, this risks undermining the very right to education and continuity of schooling, as well as the right to work and perform activities of public interest, the statement adds.

“Any solution that would effectively call into question the normal functioning of higher education, or endanger students and their academic year, would have far-reaching consequences for the entire community and for the creation of conditions enabling young people to remain. It is of utmost importance that the functioning of the healthcare system in Serbian areas is not endangered in any way,” the Eparchy of Raska and Prizren emphasizes.

The Eparchy also considers particularly sensitive the announcements regarding strict deadlines for reporting residence addresses and possible sanctions, including entry bans.

If such measures are implemented without sufficient time for adjustment, without adequate information in the Serbian language, and without functional channels for mass registration, conditions may be created in which a large number of people become “irregular” solely due to technical omissions. This would be disproportionate to the aim of the law and contrary to the fundamental principle of legal certainty, the statement notes, adding that it is especially important that legal remedies be effective in practice, in order to avoid situations in which consequences arise before genuine legal protection is made possible.

The Eparchy therefore addresses a “responsible and well-intentioned appeal” to the competent institutions and international representatives to approach the implementation of regulations in a manner consistent with the standards of the rule of law, non-discrimination, and proportionality, and that takes into account the real living conditions of the Serbian community.

“We consider it necessary that, before the full implementation of measures that may produce serious consequences, clear administrative guidelines with transitional and protective mechanisms be adopted to ensure that students, teachers, healthcare workers, and other persons who are part of the everyday life of the Serbian community are not placed in a legal vacuum. It is particularly important to provide a functional solution for students and employees in education and healthcare so that their status can be regulated on the basis of verifiable facts and documentation, without interruption of schooling and work,” the statement urges.

The Eparchy of Raska and Prizren adds that it remains deeply committed to peace, mutual respect, and the preservation of the dignity of all people.

“Our Church does not engage in politics, but it cannot remain a silent observer when the basic everyday security of our people is called into question, as well as their right to education, healthcare, work, and to remain in their ancestral homes. We therefore call on all competent authorities to act responsibly and, through dialogue and practical solutions, to avoid any implementation that would have a negative and discriminatory effect on the Serbian community. Within the framework of its pastoral mission, the Eparchy will continue to monitor the situation, support its faithful, and, in cooperation with relevant local and international representatives, point to the need to ensure legal certainty and conditions for normal life for all in Kosovo and Metohija,” the statement concludes.