Slovak Republic: The identity card, including the agency that issues the card, the conditions and documents required to obtain the card, and a detailed description of the card and its use; the benefits provided by this card (social benefits); whether a Roma who does not have a permanent address can obtain one (2013-2015)

1. Conditions and Documents Required to Obtain an Identity Card

Upon reaching the age of 15, all citizens who have permanent residence in the Slovak Republic are required to have an identity card (Slovak Republic 21 May 2015a; ibid. 21 May 2015b). In correspondence with the Research Directorate, an official at the Slovak Republic's National Centre for Human Rights (Slovenské národné stredisko pre l'udské práva, SNSLP), which is a "national specialised body, entrusted to promote equal treatment and combat all forms of discrimination, according to the Anti-discrimination Act" (CoE n.d.), indicated that there is a uniform identity card for all Slovak citizens and there are no "special" identity cards issued to Roma (Slovak Republic 21 May 2015b).

The Ministry of Interior of the Slovak Republic is responsible for issuing identity cards (ibid. n.d.a; ibid. 21 May 2015a). In correspondence with the Research Directorate, the Embassy of the Slovak Republic in Ottawa provided information obtained from the Ministry of Interior, stating that a request for the issuance of an identity card shall be made in person at the competent district police department in the jurisdiction where the citizen has residence (ibid.). The SNSLP official indicated that if a person cannot file their application in person, it can be filed by another citizen with a power of attorney (Slovak Republic 3 June 2015). According to the Ministry of Interior, scanned images of the applicant's face and signature are taken at the district police department (ibid. 21 May 2015a).

The Ministry of Interior indicated that a first identity card will be issued when a citizen reaches the age of 15, acquires citizenship (if it was not already issued), and registers a permanent residence (if it was not already issued) (ibid.). The SNSLP official indicated that the documents to be provided when applying for an identity card are:

Birth certificate (in case the birth certificate does not state the personal number, then also a document proving the personal number);

Confirmation on registering of permanent address issued by a competent authority (this does not apply if the information on current permanent address of the citizen has been registered in the registry of citizens of the Slovak Republic);

Other documents proving information to be recorded in the ID card (e.g. a diploma if a person wants to have his/her academic title listed). (Slovak Republic 3 June 2015)

According to the same source, there is no application fee for a person's first card or for a new ID after the expiration of a card (ibid.). The source noted that the application fee for an identity card due to changes or insertion of new data is 4.50 Euros [approximately C$6.23], and 16.50 Euros [approximately C$22.87] for a replacement card due to destruction, loss, damage, or theft of a card (ibid.).

Further information on the process to apply for a card could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Identity cards are issued within 30 days following an application, according to the Ministry of Interior (Slovak Republic 21 May 2015a). Identity cards have a validity period of 10 years (ibid.; EU n.d.). According to the SNSLP official, Act No. 224/2206 Coll. on Identity Cards stipulates that the data on a card includes

Name,

Surname and surname at birth,

Gender,

Nationality,

Date and place of birth,

Personal number,

Address of permanent residence,

Date of issue,

Date of expiry,

Place of issue,

Signature of the holder,

Picture of the face, and

Numeric code (Slovak Republic 21 May 2015b)

In correspondence with the Research Directorate, a representative of the Bratislava-based Center for the Research of Ethnicity and Culture (CVEK), an independent research and educational institute focused on "minority issues, social exclusion, strengthening of a social cohesion, social construction of ethnic and cultural identity, race and ethnicity issues" (CVEK n.d.), similarly explained that among the data visible on the identity card are an individual's "name, address, social security number (or so called birth number which one receives at birth), date of birth" (ibid. 26 May 2015). The SNSLP official noted that membership in a national minority group such as Roma, Hungarian, or Czech, is not included on the Slovak identity card (Slovak Republic 21 May 2015b). Images of the front and back of a sample identity card, as found on the EU's Public Register of Authentic Travel and Identity Documents Online (PRADO), are attached to this Response. For detailed information on the security features of the card and fraudulent Slovak documents, see Response to Information Request SVK105107.

2. Purpose of an Identity Card

The Ministry of Interior indicated that the identity card is the "main identity document" and primary identification for "administrative contact with all state institutions and offices" in the Slovak Republic (Slovak Republic 21 May 2015a). The SNSLP official indicated that the identity card is "solely used for identification purposes" and the card is "a public deed by which a citizen of Slovak Republic shows his/her identity, nationality of Slovak Republic," among other data on the card (ibid. 21 May 2015b). The CVEK representative indicated that the identity card is the "basic proof of identity in Slovakia" (26 May 2015).

According to the SNSLP official, a person may need to prove their Slovak citizenship when applying for or claiming a particular social benefit, which can be done by presenting the identity card, or by presenting other lawful means of proving citizenship, such as a passport (Slovak Republic 21 May 2015b). The website of Slovakia's Central Office of Labour, Social Affairs and Family indicates, for example, that an identity card is required when a person is applying for child allowance benefits (ibid. n.d.b). The representative of CVEK indicated that the identity card is "vital for accessing public goods and services" and that someone without an identity card cannot access government services, such as welfare benefits, registration at the labour office, and access to health insurance (CVEK 26 May 2015). An article by the Czech News Agency (Ceska Tiskova Kancelar, CTK) reports that Slovak citizens can use the identity card as proof of identity in order to vote (CTK 15 Mar. 2014).

The EU's PRADO website describes the Slovak identity card, which was first issued in 2008, as a "travel document issued to nationals" (EU n.d.). Citizens of the Slovak Republic can travel from one Schengen EU country to another without having to show their identity card or passport (ibid. 27 Apr. 2015; Slovak Republic 21 May 2015b). Within the Schengen zone, both the national identity card and passport can be used as identification documents, according to the SNSLP official (ibid.).

3. Residence Registration and Identity Cards for People Without a Fixed Address, Including Roma

In a 2012 report to the UN Committee on the Elimination of Racial Discrimination (CERD), Slovak authorities indicated that record-keeping of citizens is regulated by Act No 253/1998 Coll. on the Reporting on Citizen Residency and on the Registry of Inhabitants of the Slovak Republic (Slovak Republic 27 Aug. 2012, para. 166). The same source states that the Act "defines exactly the conditions necessary for residency recording" (ibid.). In correspondence with the Research Directorate, an official at the Office of the Plenipotentiary of the Slovak Government for Roma Communities, an advisory body of the government on Roma issues, provided the following information regarding permanent address registration for persons in different situations, citing Act 253/1998 on Residence Registration of Citizens [translation]:

[d]uring any single period a citizen has only one permanent address.

Under § 3.2 of the aforesaid Act a citizen's permanent address is located in a building or in a part thereof which is identifiable by a registered number or one which functions as both a registered and a [spatial] orientation number. It is intended for accommodation or for individual recreation ...

Under § 3.8 of the aforesaid Act, when effecting a registration of his/her permanent address, a citizen is obliged to submit in particular a valid personal identity card or a certified statement respecting personal identity. In the case of a child/ young person under the age of 18, the latter's legal representative shall submit the minor's birth certificate issued by the Slovak authorities or a valid travel document issued by the Slovak Republic or a certificate of citizenship of the Republic. If no personal identity card or certified statement respecting personal identity can be produced, a document confirming ownership or co-ownership of the building in question or of a part thereof or documented confirmation of consent to the citizen's registration of his/her permanent address, witnessed by signature of the owner or of all the co-owners of the building or of a part thereof, [are acceptable] (except in those cases mentioned in the Act where such confirmation is not required ...

Under § 3.9 of the aforesaid Act, the [agencies responsible for the] social service arrangements with which the accommodation is provided are obliged to give their written consent to the registration of the permanent address effected by the citizens who reside there year round. The consent of the owner or of all the co-owners of the building or a part thereof is not required in this latter case.

Under § 4.1 of the aforesaid Act one member of a family may register the permanent address on behalf of all members of that family.

Under § 4.4 of the aforesaid Act the accredited representative of the citizen who is obliged to register his/her permanent address may discharge this duty on the latter's behalf.

Under § 5 of the aforesaid Act, a citizen whose permanent address status has been revoked on strictly legal grounds and who is unable to register a permanent address due to non-fulfilment of the conditions specified above (§3 and § 4 of the aforesaid Act) is entitled to apply for registration of a permanent address at the Registration Office in the locality where he/she is [currently] accommodated. In the latter case the citizen shall submit only a valid personal identity card or a certified statement respecting personal identity, but in the absence of either, a valid travel document issued by the Slovak Republic or a certificate of citizenship. As for the place of permanent residence, the citizen is to specify only the community in which he/she is currently residing. The address of the Community Administration Office for that community shall serve as the address of the citizen for the transmittal of the documentation from the public administration agencies and other government agencies for purposes of registration on the electoral roll. The Community Administration is under an obligation to notify the citizen (i.e. the registration applicant), especially through its official bulletin board, following the usual procedure for the community, that documentation has either been forwarded or is to be forwarded to its Office for his/her attention. (Slovak Republic 18 May 2015)

The SNSLP official indicated that the legislation of the Slovak Republic "provides safeguards" in order to allow Slovak citizens living in Slovakia to obtain identity cards "even in situations when they cannot establish their permanent address," and explained:

[u]nder Article 5 of the Act No. 253/1998 Coll. on Residence Registration of Citizens, a person, whose permanent address has been cancelled and who cannot register his/her permanent address pursuant to the standard requirements, can register his/her permanent address in a registration office in a place where he resides. A registration office is either a municipal office, city hall or office of city district (in Bratislava and Košice). Hence, a homeless person or a person living on a settlement can register the address of the municipal office as their permanent address. Upon registration of this address they can apply for an ID card. The ID card then states the address of the municipal office as holder´s address.

Moreover, under the Act on Residence Registration of Citizens it is possible to register address of a relative or other person for the purposes of permanent residence (in order to apply for an ID card as a subsequent step). The Act on Residence Registration of Citizens conditions these cases by a written confirmation on approval to register a permanent address with a verified signature of the owner or all co-owners of the building (part of the building). The confirmation shall include also a name, surname, personal number, ID number and permanent residence of the owner or all co-owners. This mechanism also applies for instance with regards to people who rent a flat [and] want to register their permanent address at its address. It can indeed be used by Roma who, with consent of their relatives, seek to register their permanent address at the address of their relatives. (ibid. 21 May 2015b)

The CVEK representative similarly indicated that

[a] person can have their permanent residence registered basically anywhere, [and] if need be permanent residence can even be registered at a municipal office. Roma living in settlements sometimes have their residence registered at the municipality office or at their relatives' address. But settlements also do have addresses - even if it is only a name of the neighbourhood. (CVEK 26 May 2015)

In correspondence with the Research Directorate, a former policy advisor for the Bratislava-based NGO Roma Institute indicated that

Slovak law stipulates that local (municipal) government has an obligation to register any Slovak citizen for permanent residence in [the] municipality where they live. To be registered, the person does not have to possess any dwelling or place to stay. Even in cases of homeless people, the local government has an obligation to register the person to [the] address of the municipal office (seat of the local government), where the persons in question can receive the mail etc. (Former Policy Advisor 6 May 2015)

The CVEK representative expressed the belief that most Roma living in settlements have an identity card, but noted that there may be exceptions and that there is no research on the topic (CVEK 26 May 2015). Open Society Foundations (OSF), a civil society organization which seeks to "build vibrant and tolerant democracies," and that works in local communities in 70 countries to "support justice and human rights, freedom of expression, and access to public health and education" (OSF Oct. 2011, 80), conducted a 2011 study on Roma health service mediation programs in several countries including Slovakia, found that assisting individuals to obtain personal documentation and health insurance was a need "in all countries except for Slovakia, where almost all Roma have documentation and health insurance coverage" (ibid., 21). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Two sources report that some Roma have had difficulty registering their permanent residence (Former Policy Advisor 6 May 2015; Matlovicová et al. 2012). According to a 2012 research paper on the Roma population in Slovakia, co-authored by members of the Faculty of Humanities at the University of Prešov, Roma who resettle in a different area of Slovakia often face difficulties changing their permanent residence due to "the unwillingness of mayors," particularly in small municipalities (ibid.). The Former Policy Advisor indicated that

Roma have often problems to be registered for permanent residence in many segregated settlements ... there have been reported cases, where Roma's application to be registered for permanent residence was not processed by the local authority, or they were denied to be registered. In the past, there were even cases when the local government cancelled Roma's permanent residence registration in the municipality. Such cases were addressed by the State authorities and a court annulled the local governments' decisions on cancellation of permanent residence (based on an initiative of a public prosecutor). (Former Policy Advisor 6 May 2015)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the 2012 UNCERD report submitted by Slovak authorities,

if a registration office or social services establishment fail to meet their obligations, the District Police Force Directorate, in the territory in which the registration office or the seat of the social services establishment is located, will immediately ensure the fulfilment of the stated obligations. ... If a registration office refuses to register a person meeting all the conditions prescribed by law to be registered for his/her permanent residency, the applicant may ask a relevant District Police Force Directorate to make the relevant act. (Slovak Republic 27 Aug. 2012, para. 166-167)

In a 2014 report to the UN Committee Against Torture, Slovak authorities state that the police cooperated with the Office of the Plenipotentiary of the Slovak Republic for Romani Communities to run a social field work project whereby police assisted in practical day-to-day tasks, such as obtaining identity cards and personal documents (Slovak Republic 23 Sept. 2014, 9).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Center for the Research of Ethnicity and Culture (CVEK). 26 May 2015. Correspondence from a representative to the Research Directorate.

_____. N.d. "Mission Statement and Main Activities." [Accessed 26 May 2015]

Czech News Agency (CTK). 15 March 2014. "Slovak Activist Proves That He May Cast His Vote Three Times." (Factiva)

Council of Europe (CoE). N.d. "Slovak National Centre for Human Rights." [Accessed 2 June 2015]

European Union (EU). 27 April 2015. "Travel Documents for EU Nationals." [Accessed 27 May 2015]

_____. N.d. Public Register of Authentic Travel and Identity Documents Online (PRADO). "Document: SVK-BO-02001." [Accessed 27 May 2015]

Former Policy Advisor, Roma Institute. 6 May 2015. Correspondence with the Research Directorate.

Matlovicová, Kvetoslava, Rene Matlovic,, Alexander Mušinka, and Anna Židová. 2012. "The Roma Population in Slovakia. Basic Characteristics of the Roma Population with Emphasis on the Spatial Aspects of its Differentiation." By Penczes, J. Penczes and Z. Radics (Eds.) in Roma Population on the Peripheries of the Visegrad Countries: Spatial Trends and Social Challenges. [Accessed 27 May 2015]

Open Society Foundations (OSF). October 2011. Roma Health Mediators: Successes and Challenges. [Accessed 11 May 2015]

Slovak Republic. 3 June 2015. Slovak National Centre for Human Rights (SNSLP). Correspondence from an official to the Research Directorate.

_____. 21 May 2015a. Embassy of the Slovak Republic in Ottawa. Correspondence from an official to the Research Directorate.

_____. 21 May 2015b. Slovak National Centre for Human Rights (SNSLP). Correspondence from an official to the Research Directorate.

_____. 18 May 2015. Office of the Plenipotentiary of the Slovak Government for Roma Communities. Correspondence from an official to the Research Directorate.

_____. 23 September 2014. Consideration of Reports Submitted by States Parties Under Article 19 of the Convention: Third Periodic Reports of States Parties due in 2013: Slovakia. (CAT/C/SVK/3/Rev.1) [Accessed 16 May 2015]

_____. 27 August 2012. Reports Submitted by States Parties Under Article 9 of the Convention: Ninth and Tenth Periodic Reports of States Parties Due in 2012: Slovakia. (CERD/C/SVK/9-10) [Accessed 16 May 2015]

_____. N.d.a. Ministry of Interior. "Ministry of Interior of the Slovak Republic." [Accessed 25 May 2015]

_____. N.d.b. Central Office of Labour, Social Affairs and Family. "Family with Children." [Accessed 27 May 2015]

Additional Sources Consulted

Oral sources: Attempts to contact the following were unsuccessful within the time constraints of this Response: Open Society Institute; People in Need; Roma Institute; Slovak Republic - Public Defender of Human Rights.

Internet sites, including: Amnesty International; BBC; Council of Europe; Daily.sk; ecoi.net; Eur-Lex; European Roma Rights Centre; Factiva; Freedom House; Human Rights Watch; International Crisis Group; IRIN; Keesing Reference Systems; Minority Rights Group International; Roma Institute; Securitydocumentworld.com; Slovak Republic - Embassies in Ottawa and London, Ministry of Interior, Social Insurance Agency; United Nations - UN Development Programme, Office of the High Commissioner for Human Rights, Refworld, ReliefWeb; United States - Department of State.

Attachment

Slovak Republic. N.d. " Identity Card." [Accessed 27 May 2015]