Serbia - Initial Periodic Report due in 2008 - Reports submitted by States Parties under Article 9 of the Convention [2009] UNCERDSPR 20; CERD/C/SRB/1 (1 October 2009)

1. The Republic of Serbia is the legal successor of the State Union of Serbia and Montenegro and the Federal Republic of Yugoslavia, and is accordingly the member of all international treaties ratified by the predecessor States.

2. Pursuant to article 9, paragraph 1 of the International Convention on the Elimination of all Forms of Racial Discrimination, the initial report on the implementation of the Convention has been drafted, containing legislative, judiciary, administrative and other measures relevant to the implementation of the provisions set forth in the Convention. The report spans the period between 1992 and 2008.

3. The initial report comprises three sections. The first section outlines the information relating to individual articles of the Convention; the second section contains statistical data relating to specific areas covered by the Convention; the third section relates to the implementation of the Convention on the territory of the Autonomous Province of Kosovo and Metohija, prepared by the Ministry for Kosovo and Metohija.

4. The present report has been prepared by the Ministry of Human and Minority Rights. The following institutions took part in the development of the present report: the Ministry of Justice, the Ministry of Internal Affairs, the Ministry of Public Administration and Local Self-Government, the Ministry of Labor and Social Policy, the Ministry of Education, the Ministry of Culture, the Ministry of Health, the Ministry of Religion, the Ministry for Kosovo and Metohija, the Commissariat for Refugees, the Coordination Body for the Municipalities of Preševo, Bujanovac and Medveđa, the Office of the National Council for Cooperation with the International Criminal Tribunal for Former Yugoslavia, the Provincial Secretariat for Regulations, Administration and National Minorities, the Provincial Secretariat for Education, the Provincial Secretariat for Information and the Provincial Secretariat for Culture.

5. The Ministry of Human and Minority Rights published a public call for the participation of non-government organizations in the drafting of the report hereof. The non-governmental organization Praxis from Belgrade was the only organization to send its input for the development of the present report.

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6. Serbia is an ancient European State which emerged in the middle ages. The country became a kingdom in 1217 and an empire in 1346. Following the incursion of Turks into the Balkan Peninsula, Serbia lost its independence and was placed under Turkish authority in 1459. The development of modern Serbia started in 1804 with the First Serbian Uprising. Independence from the Ottoman Empire was acquired during the Serbian-Turkish wars of 1876-1878, which was reaffirmed at the Congress of Berlin in 1878. The Kingdom of Serbs, Croats and Slovenes was created in 1918 and was later named the Kingdom of Yugoslavia. The Federative National Republic of Yugoslavia (Federativna Narodna Republika Jugoslavija – FNRJ) was created after the Second World War, later to be called Socialist Federative Republic of Yugoslavia (Socijalistička Federativna Republika Jugoslavija – SFRJ) with the Republic of Serbia as one of the federal units.

7. Following the dissolution of the SFRJ, the Federal Republic of Yugoslavia was created in 1992 comprising two federal units – the Republic of Serbia and the Republic of Montenegro. The constitutional reorganization of relations between the federal members led to the creation of the State Union of Serbia and Montenegro in 2003, which was dissolved after the referendum held in Montenegro in 2006. The citizens of the Republic of Serbia endorsed the new Constitution at the referendum held on October 2006. The Republic of Serbia is the legal successor of all the predecessor States.

8. The Republic of Serbia is a parliamentary democratic State founded on the rule of law. The Constitution of the Republic of Serbia guarantees the division of power into legislative, executive and judiciary. The legislative power shall be vested in the National Assembly, the unicameral body of 250 deputies elected for the mandate of four years. The executive power shall be vested in the Government of the Republic of Serbia, which currently comprises 24 ministries. The President of the Republic shall express the State unity of the Republic of Serbia and shall represent the Republic of Serbia in the country and abroad. The President shall be elected directly, by secret ballot, to a mandate of five years. The judiciary shall be independent and the power shall be vested in courts of general and specific competencies and the Constitutional Court.

9. The administrative and territorial division of the Republic of Serbia comprises municipalities, towns and the City of Belgrade as territorial units, as well as autonomous provinces as a form of territorial autonomy. The territorial organization of the Republic of Serbia comprises 150 municipalities exercising local self-governance and 23 towns. The City of Belgrade is a separate territorial unit. The Republic of Serbia comprises the Autonomous Province of Vojvodina (hereinafter: AP Vojvodina) and the Autonomous Province of Kosovo and Metohija (hereinafter: AP Kosovo and Metohija) as forms of territorial autonomy.

10. There are 7,498,001 citizens living in the Republic of Serbia according to the results of the latest Census conducted in 2002. Women account for 3,852,071 (51.4 per cent per cent) and men account for 3,645,930 (48.6 per cent) citizens.^[1]

11. The national composition of the population according to the results of the Census held in 2002 is outlined in the following table.

	Republic of Serbia
	Number	%	Central Serbia	AP Vojvodina
Serbs	6 212 838	82.86	4 891 031	1 321 807
Montenegrins	69 049	0.9	33 536	35 513
Albanians	61 647	0.8	59 952	1 695
Ashkali	584	0.01	413	171
Bosniaks	136 087	1.8	135 670	417
Bulgarians	20 497	0.3	18 839	1 658
Bunjevac	20 012	0.3	246	19 766
Vlachs	40 054	0.5	39 953	101
Gorani	4 581	0.1	3 975	606
Greeks	5 72	0.01	352	220
Egyptians	814	0.01	685	129
Jews	1 158	0.02	706	452
Yugoslavs	80 721	1.1	30 840	49 881
Hungarians	293 299	3.9	3 092	290 207
Macedonians	25 847	0.3	14 062	11 785
Muslims	19 503	0.3	15 869	3 634
Germans	3901	0.05	747	3 154
Roma	108193	1.44	79 136	29 057
Romanians	34 576	0.5	4 157	30 419
Russians	2 588	0.03	1 648	940
Ruthenians	15 905	0.21	279	15 626
Slovaks	59021	0.8	2 384	56 637
Slovenians	5 104	0.07	3 099	2 005
Turks	522	0.01	385	137
Ukrainians	5 354	0.1	719	4 635
Croats	70 602	0.9	14 056	56 546
Aromanians	293	0.004	248	45
Czechs	2 211	0.03	563	1 648
Šokac	717	0.01	38	679
Total population	7 498 001		5 466 009	2 031 992

12. According to the results of the latest Census conducted in 2002, the minority languages spoken in the Republic of Serbia are: Albanian, Bosnian, Bulgarian, Vlach, Hungarian, Macedonian, German, Romani, Romanian, Ruthenian, Slovak, Ukrainian, Croatian and Czech. In addition to the Serbian language and the Cyrillic script, the Latin script and the following languages are in official use in a number of local government units in the Republic of Serbia: Albanian, Bosnian, Bulgarian, Hungarian, Romanian, Ruthenian, Slovak and Croatian.

13. According to the results of the latest Census conducted in 2002, the religious structure in Serbia is as follows: Orthodox 6,371,584 (84.98 per cent), Roman Catholic 410,976 (5.48 per cent), adherents of the Muslim community 239,658 (3.19 per cent), Protestant 80,837 (1.078 per cent), Jewish 785 (0.01046 per cent), adherents of pro-oriental cults 530 (0.0071 per cent), adherents of religions not stated 18,768 (0.25 per cent), believers who do not adhere to any particular religion 473 (0.0063 per cent), persons who are not believers 40.068 (0.53 per cent), undeclared 197,031 (2.63 per cent) and unknown 137,291 (1.83 per cent).

14. The Constitution of the Republic of Serbia^[2] was endorsed at the referendum conducted in October 2006. Pursuant to article 1 of the Constitution, the Republic of Serbia is the State of Serbian people and all citizens living therein, founded on the rule of law and social justice, the principles of civic democracy, human and minority rights and freedoms and the commitment to European principles and values.

15. The Second Chapter of the Constitution is dedicated to the issue of human and minority rights. The provisions set forth in articles 23 to 74 guarantee the dignity and free development of individuals; right to life; inviolability of physical and mental integrity; prohibition of slavery, servitude and forced labour; right to freedom and security; humane treatment of persons deprived of liberty; right to a fair trial; right to rehabilitation and compensation; right to equal protection and legal remedy; right to citizenship; freedom of movement; inviolability of home; confidentiality of letters and other means of communication; protection of personal data; freedom of thought, conscience and religion; churches and religious communities; conscientious objection; freedom of thought and expression; freedom of expressing national affiliation; promotion of respect for diversity; prohibition of inciting ethnic, racial and religious hatred; right to information; electoral right; right to participate in the management of public affairs; freedom of assembly; freedom of association; right to petition; right to asylum; right to property; right to inheritance; right to work; right to strike; right to enter into marriage and equality of spouses; freedom to procreate; rights of the child; rights and duties of parents; special protection of the family, mother, single parent and child; health care; social protection; pension insurance; right to education; autonomy of university; freedom of scientific and artistic creativity; healthy environment. The State guarantees the equality of women and men and develops the policy of equal opportunities. The provisions of articles 75 to 81 of the Constitution guarantee a set of collective rights of persons belonging to national minorities.

16. Article 14 of the Constitution of the Republic of Serbia guarantees the protection of the rights of national minorities. The State guarantees special protection for national minorities to help them exercise full equality and maintain their identity. Article 47 of the Constitution stipulates that national affiliation may be expressed freely and that no person shall be obliged to declare their national affiliation.

17. The provisions of article 75 of the Constitution of the Republic of Serbia stipulate that persons belonging to national minorities shall be guaranteed additional individual and collective rights in addition to the rights guaranteed to all citizens by the Constitution. Persons belonging to national minorities shall take part in decision-making or decide independently on certain issues related to their culture, education, information and official use of languages and script through their collective rights in accordance with the law. Persons belonging to national minorities may elect their national councils in order to exercise the right.

18. The national councils of national minorities represent a form of cultural autonomy of national minorities and functional decentralization introduced into the legal polity by the Law on the Protection of Rights and Freedoms of National Minorities. Pursuant to article 19, paragraph 1 of the Law thereof, persons belonging to national minorities may elect national councils to exercise the right to self-governance in the field of the official use of languages and script, education, information and culture. The national councils shall be financed from the budget of the Republic of Serbia and AP Vojvodina, as well as individual local governments.

19. Articles 76 to 80 of the Constitution of the Republic of Serbia guarantee the prohibition of discrimination against national minorities, equality in administering public affairs, prohibition of forced assimilation, right to preservation of specificity, right to association and cooperation with compatriots.

20. The provision of article 81 of the Constitution stipulates that in the field of education, culture and information, the Republic of Serbia shall give impetus to the spirit of tolerance and intercultural dialogue and undertake efficient measures for the enhancement of mutual respect, understanding and cooperation among all people living on its territory, regardless of their ethnic, cultural, linguistic or religious identity.

21. Article 24, paragraph 1 of the Anti-Discrimination Law^[3] prohibits discrimination of national minorities and their members based on national affiliation, ethnic origin, religious beliefs and language.

22. The Law on the Protection of the Rights of Freedoms and National Minorities^[4] regulates the status of national minorities in the Republic of Serbia. The term is defined in article 2, paragraph 1 of the Law – a national minority is any group of citizens which is numerically sufficiently representative and, although representing a minority in the territory of the State, belonging to a group of residents having a long term and firm bond with the territory of the State and possessing characteristics such as language, culture, national or ethnic affiliation, origin or religious affiliation, differentiating them from the majority of the population and whose members are distinguished by care to collectively nurture their common identity, including their culture, tradition, language or religion.

23. Article 16, paragraph 2 of the Constitution of the Republic of Serbia stipulates that the generally accepted rules of international law and ratified international treaties shall be an integral part of the legal system in the Republic of Serbia and applied directly, which must be in accordance with the Constitution. Article 194, paragraph 5 of the Constitution stipulates that laws and other general instruments adopted in the Republic of Serbia must be in compliance with ratified international treaties. Article 18, paragraph 2 of the Constitution stipulates that the Constitution shall guarantee and, as such, directly implement human and minority rights guaranteed, inter alia, by ratified international treaties.

D. Institutional framework for the implementation of the anti-discrimination policy

24. The Ministry of Human and Minority Rights, established in mid-2008, has been performing public administration activities relating to the protection and promotion of human and minority rights and anti-discrimination policy.

25. The Provincial Secretariat for Regulations, Administration and National Minorities, established in 2002 within the Executive Council of the Autonomous Province of Vojvodina, has been conducting activities relating to the exercise of collective and individual rights of national minorities in the AP Vojvodina.

26. The Ombudsman of the Republic of Serbia was introduced in the legal system of the Republic of Serbia in 2005 as an independent State body protecting citizen rights, mandated to control the work of public administration agencies, as well as other agencies and institutions endowed with public authorities. The Ombudsman of the Republic of Serbia has four deputies specialized in the fields of the protection of rights of persons deprived of liberty, gender equality, the rights of the child, the rights of persons belonging to national minorities and the rights of persons with disabilities. The Provincial Ombudsman was established in 2002 for the territory of the AP Vojvodina. Ombudsmen have also been instituted at the local level, in 11 towns thus far.

27. The Council for National Minorities of the Government of the Republic of Serbia was established in 2004 and is mandated, inter alia, to monitor and consider the status of the rights of national minorities and relationships between nations in the Republic of Serbia, as well as to put forward measures to promote full and effective equality of persons belonging to national minorities.

28. The Gender Equality Council of the Government of the Republic of Serbia was constituted in 2004, as well as the Anti-Trafficking Council. The Council for the Rights of the Child has been operational since 2002.

29. The Government of the Republic of Serbia established the Council for the Promotion of the Status of Roma in March 2008 and has 22 members, including representatives of the ministries of finance, health, education, public administration and local self-government, as well as other sectors which may have impact on the promotion of the status of the Roma minority. The Roma Inclusion Office was established by the Decision of the Assembly of the AP Vojvodina in 2006 to implement the Roma integration action plans and to develop and implement programmes for the promotion of the status of Roma in the field of education, health, employment, housing, human and other rights. The Roma Integration Council of AP Vojvodina was established in 2005.

30. Article 21, paragraphs 1, 2 and 3 of the Constitution of the Republic of Serbia stipulate that all citizens are equal and that everyone shall have the right to equal legal protection, without discrimination. All direct or indirect discrimination based on any grounds, particularly on race, sex, national affiliation, social origin, birth, religion, political or other opinion, property status, culture, language, age, mental or physical disability shall be prohibited.

31. The adoption of the Anti-Discrimination Law in March 2009 is highly important in terms of the anti-discrimination legislation in the Republic of Serbia. Article 1, paragraph 1 of the Law stipulates the general prohibition of discrimination, the forms and cases of discrimination, as well as the procedures of protection against discrimination. Paragraph 2 of the article thereof establishes the Commissary for the Protection of Equality as an autonomous State body, independent in conducting activities set forth in the Law thereof.

32. The provision of article 2, paragraph 1, item 1 defines the terms of “discrimination” and “discriminatory treatment” as any unjustified differentiation or unequal behavior and/or omission (exclusion, limitation or giving preference) with regard to persons or groups and members of their families, or persons close to them, in an open or covert manner, based on race, color of skin, predecessors, citizenship, national affiliation or ethnic origin, language, religious or political beliefs, sex, gender identity, sexual orientation, property status, birth, genetic characteristics, health status, disability, marital and family status, criminal record, age, appearance, membership in political, labour union or other organizations and other real and/or assumed personal characteristics.

33. The forms of discrimination are defined in article 5, as direct and indirect discrimination, the violation of principles of equal rights and obligations, holding persons accountable, association to commit discrimination, hate speech and harassment and humiliating treatment. The severe forms of discrimination stipulated in article 13 of the Law, inter alia, include: incitement and instigation of inequality, hatred and intolerance on the basis of national, racial or religious affiliation, political affiliation, sex, gender identity, sexual orientation and disability; slavery, human trafficking, apartheid, genocide, ethnic cleansing and the instigation thereof, as well as the instigation or discrimination by public authorities and in procedures maintained before public authorities.

34. The provisions of articles 41 to 46 regulate judicial protection against discrimination, stating that every person exposed to discriminatory treatment is entitled to submit an appeal to the court. The procedure instituted according to the appeal is urgent. The supervision over the enforcement of the Anti-Discrimination Law is conducted by the ministry competent for human and minority rights, pursuant to article 47 of the Law.

35. Discrimination is criminally sanctioned and prohibited in various fields of social life, primarily in the field of education, labour, information and health care. The provisions of the Criminal Code relating to the prohibition and sanctioning of discrimination are stated when reporting against article 4 of the International Convention on the Elimination of all Forms of Racial Discrimination, in the section entitled Criminal and Legal Protection against Discrimination and Violence.

36. Article 46 of the Law on the Fundamentals of the Education System^[5] prohibits activities endangering or demeaning groups or individuals on the basis of their racial, national, language and religious affiliation, as well as the instigation of such activities. The Law thereof envisages pecuniary penalties for persons endangering or demeaning groups and individuals on the basis of racial, national, language, religious affiliations or sexual orientation. The discrimination of children and/or pupils includes all direct or indirect differentiation, their favoring, exclusion or limitation aiming to prevent the exercise of rights of the child and/or pupil. Physical violence is prohibited, as well as the insulting of children, pupils and employees. Partisan organization is also prohibited.

37. The provisions of article 18 of the Labor Law^[6] prohibit direct and indirect discrimination of persons seeking employment, as well as those employed, regardless of sex, birth, language, color of skin, age, pregnancy, health care and/or disability, national affiliation, religion, marital status, family obligations, sexual orientation, political or other opinions, social origin, property status, membership in political organizations and labour unions or another personal characteristic. Pursuant to article 20 of the Law thereof, discrimination is prohibited in terms of employment conditions and the selection of candidates for performing a specific job, working conditions and all labour-related rights, education, professional training and advancement, promotion, cancellation of labour contract. A provision of the labour contract discriminative on some of the grounds hereof shall be considered null and void.

38. In the field of public information, article 3, paragraph 6 of the Law on Broadcasting^[7] stipulates that the regulation of relations in the field of broadcasting shall be founded, inter alia, on the principles of impartiality, the prohibition of discrimination and the transparency of procedures for issuing broadcasting permits. The prohibition of discrimination is more thoroughly regulated by other provisions outlined by the Law. Pursuant to article 38, paragraph 2, the permit for broadcasting radio and TV programmes shall be issued under equal conditions. The provisions of article 77, paragraph 3 of the Law stipulate that the realization of general interests in the field of public broadcasting shall be achieved by ensuring versatility and mutual harmonization of contents in the programmes produced and broadcasted within the public broadcasting service, supporting democratic values of modern society, in particular the respect for human rights and cultural, national, ethnic and political pluralism. The provisions of article 78 of the Law thereof stipulate that the representatives of the public broadcasting service, inter alia, shall produce and broadcast programmes oriented towards all segments of society, without discrimination, keeping in mind in particular the specific social groups such as children and youth, minority and ethnic groups, persons with disabilities, vulnerable population from the viewpoint of social welfare and health care.

39. Article 16 of the Law on Public Information^[8] stipulates the prohibition of discrimination in media distribution and/or stipulates that the person dealing with media distribution shall not refuse to distribute someone’s media without a justified commercial reason, nor shall set conditions contrary to market principles in terms of media distribution.

40. Pursuant to article 6 of the Law on Free Access to Information of Public Interest,^[9] the rights stipulated by the law shall apply to all persons under equal conditions, irrespective of their citizenship, permanent or temporary residence and/or central premises, or personal characteristics such as race, religion, national and ethnic affiliation, sex, etc.

41. One of the main principles of the Law on Healthcare,^[10] set forth in article 20 of the Law thereof, is the principle of equity of health care achieved through the prohibition of discrimination when providing health care services, inter alia, on the bases of race, national affiliation, religion, culture or language.

42. Article 2 of the Law on Churches and Religious Communities^[11] sets forth the prohibition of religion-based discrimination. The provisions of the article thereof stipulate that no person shall be subject to duress which may impair their freedom of religious belief, or be forced to declare themselves on their faith and religious beliefs or the non-existence thereof. No person shall be harassed, discriminated or privileged due to their religious beliefs, belonging or failure to belong to a religious community, participation or failure to participate in worshipping or religious ceremonies and observing or failure to observe the guaranteed religious freedoms and rights.

43. Article 1 of the Law on the Prevention of Discrimination against Persons with Disabilities^[12] stipulates the general principles of the prohibition of disability-based discrimination, special cases of discrimination against persons with disability, the procedure for protecting persons subjected to discrimination and measures undertaken to stimulate equality and social inclusion of persons with disabilities. The provisions of articles 39 to 45 of the Law thereof stipulate the special terms of litigations in disputes for protecting against disability-based discrimination. The procedure is instituted by an appeal filed by a person with disability that has been discriminated against or their legal representative. The appeal may be, under specific law-envisaged conditions, filed by the companion of the person with disability. The appeal for protection against disability-based discrimination may call for: the prohibition of the execution of an action which may cause discrimination, the prohibition of further discrimination and/or the prohibition of the repetition of discrimination; the execution of an action to eliminate the consequences of discriminatory action; determining that the defendant has discriminated against the plaintiff; the compensation of material and non-material damage. Revision in a dispute for protection against disability-based discrimination is always allowed.

44. The provision of article 7 of the Law on Civil Servants^[13] prohibits favoring or denying the civil servant of their rights or duties, in particular due to racial, religious, sex, national or political affiliation, or due to another personal characteristic.

45. Article 12 of the Law on Police^[14] stipulates that the police shall abide by, inter alia, international treaties and conventions adopted by the Republic of Serbia, international standards on police conduct and requirements set forth in international instruments relating to the observance of human rights and non-discrimination when executing police activities. The provision of article 35 stipulates that, when executing police competencies, the authorized official shall act without bias and shall provide equal law-stipulated protection to all persons without discrimination on any grounds.

46. Article 21, paragraph 4 of the Constitution of the Republic of Serbia stipulates that special measures which the Republic of Serbia may introduce to achieve full equality of individuals or group of individuals in a substantially unequal position compared to other citizens shall not be deemed discriminative. A similar solution relating to the members of national minorities is contained in the provisions of article 76, paragraph 3 of the Constitution of the Republic of Serbia.

47. Article 14 of the Anti-Discrimination Law stipulates that special measures introduced to achieve full equality, protection and advancement of individuals and/or group of individuals in unequal position shall not be deemed discrimination.

48. Article 4 of the Law on the Protection of Rights and Freedoms of National Minorities stipulates that authorities may, pursuant to the Constitution and law, adopt regulations, individual legal instruments and undertake measures to ensure full and effective equality among persons belonging to national minorities and persons belonging to the majority of the population. Authorities shall adopt legal instruments and undertake the measures with the aim of improving the position of persons belonging to the Roma national minority. Regulations, individual legal instruments and undertaken measures shall not be considered an act of discrimination.

49. Article 31 of the Law on Employment and Unemployment Insurance^[15] envisages that the Government and/or competent authorities at the level of territorial autonomy and local self-government may adopt active employment policy programmes regulating the priorities, measures, means and competencies for their realization, in particular for the employment of specific categories of unemployed persons, employment of refugees and displaced persons, employment of members of national minorities with a more prominent unemployment rate. The provisions of article 34 of the Law thereof stipulate that the employer who enters employment with a first-job seeker, long-term job seeker, person over 50 years of age, with a refugee and displaced person, with a member of a national minority with a more prominent unemployment rate, with a person with disabilities and a person with decreased labour capacities shall be entitled to a subsidy of contributions on account of pension and disability insurance, health insurance and unemployment insurance, which is effected through the National Employment Service.

50. Article 8, paragraph 1 of the Law on the Prevention of Discrimination of Persons with Disabilities envisages that the provisions of laws, regulations or decisions and special measures adopted to improve the position of persons with disabilities, members of their families and associations of persons with disabilities provided special support necessary to enjoy and exercise their rights under equal conditions applicable for other persons shall not be deemed a violation of the principles of equal rights and obligations, nor shall they be deemed discriminative.

51. Affirmative actions are envisaged in by-laws adopted at different public authority levels. The Conclusion on the Measures for Increasing the Participation of Members of National Minorities in Public Administration Bodies, adopted by the Government of the Republic of Serbia in May 2006, stipulates that the public administration bodies envisaged to have more than one third of the total number of systematized employees working in regional units established at the territory in which, pursuant to decisions of competent bodies of local self-government units, the language of one or more national minorities is in use, shall undertake measures to envisage a specific number of working positions in the Rulebook on internal organization and job classification which shall condition the execution of tasks for specific employees with the knowledge of at least one of the languages and the script of the national minority which is in official use at the territory at which the local self-government unit has been established. Furthermore, in case when the selection procedure in a public competition for filling in a vacant position in regional units envisages a written verification of professional capacities, knowledge and skills of candidates, the candidates shall be provided with tests or other aspects of written examination in the appropriate language of the national minority. The most significant aspect of affirmative actions envisages that, when composing the selection list and the list of candidates in the conducted public competition, the competition committee and/or the head of the public authority body shall pay special attention to the representation of the members of national minorities in the total structure of employees in the body as a main criterion of selection among equal candidates within the application of the principle of professionalism which envisages professional qualifications, knowledge and skills of candidates to perform tasks of the public administration body.

52. By-laws setting forth affirmative actions have also been adopted by local authorities. The statutes of individual local self-government units contain provisions stipulating that the municipal administration and public enterprises established by the municipality shall take care of the national composition and/or specify the minimum number of employees belonging to national minorities in their respective instruments on job classification.

53. The Instructions for Performing Jobs in a Manner Contributing to an Easier Observance of Rights of the Members of National Minorities, adopted by the Minister of Internal Affairs in March 2003, envisage that the Ministry of Internal Affairs shall observe human and minority rights when performing tasks in their mandate and shall apply them directly and/or protect them in accordance with the Constitution, laws and other regulations of the Republic of Serbia. The Police Ethics Code, adopted by the Government of the Republic of Serbia in October 2006, envisages that the members of the Ministry of Internal Affairs, as well as police officers, shall be governed by the principle of impartial enforcement of laws, irrespective of the national and ethnic origin, race, language or social status of the individual to whom the law applies.

54. When it comes to the position of women, special measures for a prompt achievement of gender equality in the field of political rights were introduced for the first time in the Law on Local Elections in 2002. Article 20, paragraph 3 of the Law thereof stipulates that the electoral list shall comprise at least 30 per cent of candidates of the less represented sex. The said provision is also contained in article 20, paragraph 3 of the new Law on Local Elections^[16] adopted in 2007. Special measures were introduced in 2004 by the amendments to the Law on the Election of Deputies.^[17] Namely, article 40a stipulates that each electoral list shall comprise at least 30 per cent of candidates of the less represented sex. The Decision on the Election of Deputies in the Assembly of AP Vojvodina introduced the same rule in 2004. The 30 per cent election quotas for the representatives of the less represented sex indicate that the participation of women among deputies increased to 20.4 per cent in the elections since 2007. The representation of women increased to 21.3 per cent in the assemblies of municipalities and towns after the local elections held in 2004. The Government of the Republic of Serbia endorsed the Draft Law on Gender Equality in May 2009.

55. Measures are undertaken in the sphere of economy to improve equality in the regions of Serbia which are inhabited by members of national minorities, and which are less developed in comparison to other regions in the country. Measures undertaken in three municipalities in the South of Serbia inhabited by the Albanian national minority should be underlined. The Coordination Body for the Municipalities of Preševo, Bujanovac and Medveđa (established in 2000) has invested substantial funds, predominantly in the infrastructure of the region, projects of construction and reconstruction of roads, bridges, water supply, sewage, electrification, etc. Funds were also invested into education – construction and reconstruction of schools and kindergartens, culture, information, sports, health, religious communities, the work of local authorities and the reconstruction of homes of internally displaced persons.^[18]

56. The Government of the Republic of Serbia adopted the Strategy of Long-Term Economic Development of the South of Serbia – Preševo, Bujanovac and Medveđa Municipalities in January 2007, as the first strategic document of the Government relating to the three municipalities inhabited by Serbs, Albanians and the Roma. The Development Fund of the Republic of Serbia involved the municipalities of Preševo, Bujanovac and Medveđa in the Program of Distribution and Utilization of Funds for the Development of Enterprises and Entrepreneurship in the Most Underdeveloped Municipalities of the Republic of Serbia. The Republic Agency for the Development of Small and Medium-Sized Enterprises has ensured start-up loans amounting to € 5,000–15,000 for the development entrepreneurship in the municipalities of Southern Serbia. The State overtakes almost the entire risk in order to stimulate people to start their own businesses. In its programme for 2007, the Ministry of Agriculture, Forestry and Water Management gave the municipality of Preševo the status of a devastated municipality and special conditions and terms for the programme of using rural development subsidies through investments into agricultural equipment and appliances, the programme of using rural development subsidies through investments into rural tourism and the programme of using rural development subsidies through investments into base herds and fodder. The Municipality of Preševo was given the status of a devastated region by Government Decision.

57. The Agreement of Cooperation in the Field of Local Economic Development was signed in November 2008 by the Coordination Body, the United States Agency for International Development (USAID) and the municipalities of Preševo, Bujanovac and Medveđa. These municipalities thus entered the Municipal Economic Growth Activity Program (MEGA). Municipal offices in charge of local economic development were opened in Preševo, Bujanovac and Medveđa, as well as the Economic Councils which gather the representatives of local self-governments and the private sector. Aiming to develop the economic potentials of the region, the Coordination Body involved the representatives of Preševo, Bujanovac and Medveđa in the training on marketing and municipal promotion conducted by the World Bank in cooperation with the Serbia Investment and Export Promotion Agency (SIEPA), followed by additional training on the presentation of economic potentials for investors in cooperation with the USAID. The Coordination Body reached an agreement with the Ombudsman of the Republic of Serbia to open the first office outside of Belgrade in the municipalities of Preševo, Bujanovac and Medveđa.

58. For the first time the 2009 budget of the Coordination Body envisages resources for activities targeting youth of all ethnic communities totaling RSD 21.5 million, which shall be used to implement youth and civil society projects. The budget rebalance approved additional RSD 6 million for the Coordination Body to be used for projects of non-government organizations from the three municipalities. Furthermore, the budget of the Coordination Body envisages RSD 25 million for social welfare projects including assistance to cultural projects, pupil and student scholarships and assistance for vulnerable categories of the population. The Coordination Body cooperates with the Ministry of Education on opening a faculty in the Serbian and Albanian languages in Medveđa and the first generation is expected to enroll the faculty in the 2009/2010 school year. The Working Group on Education has been established to resolve issues of the Albanian national minority at all levels of education. In the field of culture, the Coordination Body organizes plays for children from all ethnic communities and the preparation of a multiethnic and multilingual play is under way in Bujanovac.

59. The Ministry of Internal Affairs has been implementing the project entitled The Police in the Community, in the South of Serbia apart from other territories. The project deals with the development of communication and trust between the police and the local community, trainings targeting the police, representatives of the local community, citizens and special categories of the population, establishment and development of partnerships between the police and the community and the advancement of activities resolving security issues in specific regions. A particularly important component of the development of police work at the community level is the adaptation of police activities to the security needs of the members of minority, marginalized and socially vulnerable population, in order to provide an efficient security service. Thus the model of the police in community is developed at the South of Serbia in the municipalities of Preševo, Bujanovac and Medveđa with support of the OSCE Mission, in order to approach the citizens of Albanian nationality and regain their trust in the work of the police. The model is implemented through the work of municipal security councils comprising representatives of local self-government, police, judiciary, health sector, education sector, minority communities and the media. Police officers and community representatives have been trained on the issue of democratic values and models of cooperation between community actors in ensuring security in the community.

60. The measures for achieving effective equality in the field of culture include primarily the co-financing of projects and activities maintaining and developing the culture of the members of national minorities and the preservation of their cultural identity. The Ministry of Culture of the Republic of Serbia has been introducing competitions as of 2002 as a means of providing financial assistance for cultural projects. A special competition on the culture of national minorities was introduced in 2007 and a separate field of creativity of persons with disabilities has been introduced in 2009. The main criteria for the selection of applications are: relevance for the improvement of the cultural and language identity; relevance for the advancement of arts and culture; the promotion and development of multiculturalism; contribution to the inter-cultural dialogue; high quality of projects; realistic opportunities for the implementation of the programme/project; realistic financial plan; cooperation with official institutions and individuals, as well as the national councils of national minorities. Furthermore, the general competition of the Creativity Department also evaluates the contribution to inter-cultural dialogue as one of the priorities of the ministry. The Ministry of Culture – Media Department co-finances projects/programmes in the field of public information in the languages of national minorities based on the competitions opened since 2003. The main project selection criteria are: the quality, originality, relevance and significance of the projects in terms of improving the right to information, as well as the language and cultural identity of the members of national minorities, the introduction of new communication technologies, accessibility for a larger number of beneficiaries, programmes for children and youth, programmes of multicultural and intercultural contents and building professional capacities in the field of informing minorities. The competition procedure stipulates that an opinion from national councils shall be sought on projects in their respective languages. The competition conducted in 2008 awarded RSD 24,693,037.84 for these purposes. The 2009 budget earmarks RSD 16,000,000.00 for the competition. Furthermore, the Ministry of culture regularly co-finances four printed media in the minority languages. The amount of RSD 24,500,000.00 has been earmarked in 2009 for these purposes.

61. The overview of funds allocated in the 2008 competition is given in the table below:

Minority	PProgrammes events	Magazines	Publishing	Literary events	*Total*
Ashkali			70 000.00		70 000.00
Bosniaks	2 100 000.00	400 000.00	50 000.00	400 000.00	2 950 000.00
Bulgarians	650 000.00	80 000.00	60 000.00	50 000.00	840 000.00
Bunjevac	500 000.00	150 000.00	80 000.00	50 000.00	780 000.00
Vlachs	500 000.00				500 000.00
Greeks
Jews	380 000.00		310 000.00		690 000.00
Hungarians	1 200 000.00	650 000.00	360 000.00	310 000.00	2 520 000.00
Macedonians	650 000.00	50 000.00	50 000.00		750 000.00
Multiculture	1 530 000.00	200 000.00			1 730 000.00
Germans	200 000.00				200 000.00
Roma	1 415 000.00		240 000.00	230 000.00	1 885 000.00
Romanians	600 000.00		80 000.00	60 000.00	740 000.00
Ruthenians	400 000.00		130 000.00	60 000.00	590 000.00
Slovaks	650 000.00	200 000.00	200 000.00		1 050 000.00
Ukrainians	300 000.00	100 000.00			400 000.00
Croats	750 000.00	250 000.00		135 000.00	1 135 000.00
Aromanians			200 000.00		200 000.00
Czechs	100 000.00				100 000.00
	11 925 000.00	2 080 000.00	1 830 000.00	1 295 000.00	17 130 000.00

62. The Ministry of Culture finalized the training of members of national minorities on applying for the competition of the ministry at the end of 2007 and at the beginning of 2008. The following publications were printed: The Guidelines on the Procedure of the Competition for National Minorities and the Guidelines on the Procedure of the Competition for Improving the Position of Persons with Disabilities.

63. The protection of cultural heritage and the advancement of the cultural identity of minority communities are the most developed in Vojvodina, where the rich tradition of the cultural creativity of minorities is either institutionalized or is performed through the work of amateur associations. The Provincial Secretariat for Culture is mandated to co-finance programmes contributing to the cultivation and development of cultural creativity of members of national minorities and ethnic communities in the AP Vojvodina. The funds of the Province are used to:

64. The 2008 Financial Plan of the Provincial Secretariat for Culture earmarked the total funds on account of culture of RSD 511,127,580.00 and/or RSD 135,215,298.00 on account of the culture of national minorities in the AP Vojvodina. Resources for the programmes of cultural and artistic creativity of national minorities account for 26.45 per cent of the overall resources earmarked for the culture and arts in the AP Vojvodina. The overview of funds earmarked on account of culture and artistic creativity of national minorities in 2008 is given in the following table:

National minority	Book magazines, publishing support	Cultural and artistic events	Theatres	Galleries	Cultural heritage preservation	Cultural institutes	*Tota*l	Share in %
Hungarians	13 297 298.00	6 002 000.00	35 914 000.00		1 004 000.00	12 000 000.00	68 217 298.00	50.45%
Slovaks	5 615 000.00	3 250 000.00	2 650 000.00	450 000.00	368 000.00	10 000 000.00	22 333 000.00	16.52%
Romanians	2 220 000.00	2 250 000.00	2 650 000.00	400 000.00	40 000.00	8 000 000.00	15 560 000.00	11.51%
Ruthenians	2 170 000.00	1 250 000.00	2 650 000.00			6 500 000.00	12 570 000.00	9.30%
Croats	775 000.00	560 000.00			100 000.00	5 500 000.00	6 935 000.00	5.13%
Ashkali	90 000.00	180 000.00					270 000.00	0.20%
Bulgarians		100 000.00					100 000.00	0.07%
Bunjevac	209 000.00	560 000.00					769 000.00	0.57%
Czechs		168 000.00					168 000.00	0.12%
Egyptians		10 000.00					10 000.00	0.01%
Jews	40 000.00	120 000.00			140 000.00		300 000.00	0.22%
Macedonians	90 000.00	1.040 000.00					1 130 000.00	0.84%
Germans	40 000.00	168 000.00					208 000.00	0.15%
Roma	509 000.00	560 000.00	1 200 000.00				2 269 000.00	1.68%
Slovenians		22 000.00					22 000.00	0.02%
Ukrainians	90 000.00	240 000.00					330 000.00	0.24%
Multilingual	674 000.00	750 000.00	2 600 000.00				4 024 000.00	2 98%
Total	25 819 298.00	17 230 000.00	47 664 000.00	850 000.00	1 652 000.00	42 000 000.00	135 215 298.00	100.00%

(The column Cultural Institutes relates to the five new cultural institutes established in 2008 by the Assembly of the Autonomous Province of Vojvodina in cooperation with national councils of national communities, namely: the Institute for the Culture of the Hungarians of Vojvodina, the Institute for the Culture of the Slovaks of Vojvodina, the Institute for the Culture of the Romanians of Vojvodina, the Institute for the Culture of the Ruthenians of Vojvodina and the Institute for the Culture of the Croats of Vojvodina with the aim to preserve, advance and develop the culture of these national communities. The establishment and the launch of the institutes’ activities marked the beginning of extensive and significant cultural-artistic and scientific-research programmes relevant to the culture of these national communities).

66. The construction of the Regional Center Jožef Nađ in Kanjiža was co-financed, while the co-financing of the construction of the National Theatre – Népszinház in Subotica is underway, as well as the adaptation of a number of cultural centres in multilingual environments.

67. An important component in the protection of the national identity of minority communities is freedom of religion. The Republic of Serbia undertakes specific measures for the protection of this right. The Ministry of Religion allocates funds for: religious instruction, student boarding schools, and scholarships for talented theology students, cultural programmes, publishing activities, co-financing subsidies on account of pension-disability and health insurance of priests and religious officials, and predominantly for investing into religious facilities. The overview of assistance earmarked by the Ministry of Religion for churches and religious communities is given in the following table:

Churches and religious communities	2005	2006	2007	2008
Roman Catholic Church	10 219 000.00	31 955 000.00	16 031 000.00	40 602 000.00
Islamic Community in Serbia	5 850 000.00	8 701 000.00	14 653 000.00	10 193 000.00
Islamic Community of Serbia	5 237 000.00	7 247 400.00	8 300 000.00	8 338 000.00
Slovak Evangelical Lutheran Church	250 000.00	2 400 000.00	1 823 000.00	2 498 000.00
Christian Reformed Church	600 000.00	3 272 000.00	2 009 000.00	2 686 000.00
Evangelical Christian Church	894 000.00	1 918 000.00	2 329 000.00	402 500.00
Jewish Community	681 000.00	10 795 000.00	1 260 000.00	1 600 000.00
Romanian Orthodox Diocese of Dacia Felix	410 000.00	1 465 000.00	820 000.00	2 724 000.00
Podvorye of the Moscow Patriarchate in Belgrade	259 000.00	140 000.00		48 000.00

68. In view of the development of the report hereof, the Ministry of Human and Minority Rights was addressed by the National Council of the Bunjevac National Minority, stating that there have been cases of negating the national identity of the Bunjevac people in the Republic of Serbia, as well as the attempts of assimilation and covert discrimination of individuals belonging to the community. The Bunjevac language and cultural holidays are treated as the Croatian language and Croatian holidays. Insufficient funds are earmarked to finance, primarily, information in the Bunjevac language.

69. The Ministry of Human and Minority Rights financed the work of the National Council of the Bunjevac National Minority totaling RSD 7,599,516.00 in 2008. The overview of funds allocated on account of the national councils of national minorities in 2008 is given in the following table:

	National Council of National Minority
1.	National Council of the Hungarian National Minority	21 097 566.00
2.	National Council of the Bosniac National Minority	15 060 516.00
3.	National Council of the Roma National Minority	12 982 716
4.	National Council of the Croatian National Minority	11 334 666
5.	National Council of Slovak National Minority	10 176 666.00
6.	National Council of the Vlach National Minority	8 478 216.00
7.	National Council of the Romanian National Minority	8 238 066.00
8.	National Council of the Macedonian National Minority	7 854 966
9.	National Council of the Bulgarian National Minority	7 62 816.00
10.	National Council of the Bunjevac National Minority	7 599 516.00
11.	National Council of the Ruthenian National Minority	7 094 316.00
12.	National Council of the Ukrainian National Minority	6 631 866.00
13.	National Council of the Egyptian National Minority	6 432 816.00
14.	National Council of the Greek National Minority	6 422 166.00
15.	National Council of the German National Minority	6 568 116.00
16.	Jewish community	6 407 010.00
	Total	150 000 000.00

70. According to the data of the Provincial Secretary for Regulations, Administration and National Minorities, the total of RSD 3,175,000.00 was allocated on account of financing regular activities of the National Council of the Bunjevac National Minority in the period of 2006 to 2008. The overview of additional funds for all national councils at the territory of the AP Vojvodina is given in the following table:

National Council of National Minority	2006	2007	2008
National Council of the Hungarian National Minority	4 130 000.00	3 880 000.00	11 880 000.00
National Council of the Croatian National Minority	1 000 000.00	1 140 000.00	3 375 000.00
National Council of the Ruthenian National Minority	640,000.00	660 000.00	1 880 000.00
National Council of the Bunjevac National Minority	440 000.00	705 000.00	2 030 000.00
National Council of the Romanian National Minority	750 000.00	832 000.00	2 415 000.00
National Council of the Ukrainian National Minority	430 000.00	530 000.00	1 480 000.00
National Council of the Slovak National Minority	1 000 000.00	1 140 000.00	3 375 000.00
National Council of the Roma National Minority	330 000.00	-	-
National Council of the Macedonian National Minority	350 000.00	613 000.00	1 740 000.00
National Council of the Bulgarian National Minority	330 000.00	-	-
National Council of the German National Minority	-	-	1 425 000.00
Total	9 400 000.00	9 500 000.00	29 600 000.00

71. The Provincial Secretariat for Regulations, Administration and National Minorities paid the total of RSD 3,590,000.00 through competitions in the period of 2006 to 2008 to organizations of Bunjevac national minorities, on account of financing activities of national minority organizations whose activities are based on preserving and nourishing the national and cultural identity and on preserving and advancing international tolerance. The overview of total funds allocated in this period is given in the following table:

National minority	2006	2007	2008
Hungarians	6 790 000.00	9 700 000.00	20 220 000.00
Slovaks	1 290 000.00	2 320 000.00	5 278 480.00
Croats	1 200 000.00	2 296 082.00	2 890 000.00
Romanians	1 240 00.00	2 070 000.00	3 450 000.00
Bunjevac	520 000.00	970 000.00	2 100 000.00
Ruthenians	1 000 000.00	1 645 000.00	3 255 000.00
Ukrainians	320 000.00	668 000.00	760 000.00
Macedonians	135 000.00	600 000.00	980 000.00
Germans	-	850 000.00	1 655 000.00
Other	4 935 000.00	3 010 000.00	3 555 726.00
Multicultural projects	714 997.52	1 080 000.00	1 178 000.00
Total	18 144 997.52	25 209 082.00	45 322 206.00

72. The Ministry of Human and Minority Rights supported the following scientific conferences: Ethno-Linguistic and Historic Research on the Bunjevac People held in Subotica in October 2008 and the symposium On the Bunjevac People held in Subotica in December 2006.

73. According to the Census 2002, there were 108,193 citizens living in Serbia who declared themselves members of the Roma national minority. However, a number of researches indicate that the number is substantially higher, estimated between 250,000 and 500,000 Roma. The main issue of the Roma population is the high poverty rate, which is multiple to that of the rest of the population in Serbia. The causes thereof are, predominantly, linked to education, employment and housing conditions. According to the statistical data of 2002, 27 per cent Roma over 25 years of age have not completed any schooling in comparison to fewer than 6 per cent of the general population; the number of the population which have not completed primary school is twice higher among the Roma than among the other population; primary school has been completed by 28 per cent of the Roma, while secondary school has been completed by 9 per cent of the Roma only, which is a four times lower rate in comparison to other population. As much as 27 per cent of the overall number of the Roma is economically active, while there are 58.2 per cent able-bodied. The unemployment rate is high, and there are almost no Roma employed in public institutions. There are some 600 Roma settlements in Serbia and/or over 100 in Belgrade only. These are mostly illegal and non-hygienic settlements and/or without a legal basis and in severely bad conditions.

74. The National Strategy for the Promotion of the Position of Roma adopted by the Government of the Republic of Serbia in April 209 represents the policy implementation direction in terms of the promotion of the position of the Roma. The strategic aim of the document is to improve the position of the Roma national minority in Serbia and/or decrease the differences present between the Roma population and the majority of the population. The document contains specific chapters dealing with the issues of education, housing conditions, employment, displaced persons, readmission issues, accessibility of personal documents, social insurance and social protection, health care, the position of women, information, culture, political participation and presentation of the Roma, discrimination and other issues. Each chapter outlines an international and national legal framework underlying the Strategy, the description of the status in the given field, an overview of ongoing and earlier initiatives in this field, recommendations for further activities and priority activities. The National Strategy for the Promotion of the Position of Roma is founded on the following main principles and values: the obligation of the State to take care of the observance, protection and achievement of the legal rights of Roma; a full and efficient inclusion of Roma in all social life spheres; respect for, recognition and promotion of differences; equal opportunities based on equal rights; gender equality; prevention and combat against all forms of discrimination; implementation of affirmative actions.

75. The Republic of Serbia overtook the one-year mandate of presidency over the Decade of Roma in June 2008. The Decade of Roma Inclusion is an international initiative, a first of this kind, in which the Governments of 11 countries of Central and South-East Europe took over the liability to take actions to improve the social and economic status and the inclusion of Roma in regional frameworks. The Decade has gathered Governments, public administration bodies, non-government organizations, including Roma associations, with the aim to accelerate the process of the promotion of the position of Roma, decrease unacceptable differences between Roma and other population, as well as transparent and measurable reporting on the achieved progress. The Decade covers education, employment, health and housing, and the key aspects of the promotion of the position of Roma are poverty, discrimination and gender equality.

76. The specific measures undertaken to prevent the discrimination of Roma include:

77. The data collected during the development of the National Plan of Action for the Promotion of the Position of Women in the Republic of Serbia indicate multiple types of discrimination against the Roma women. There are no Roma women holding decision-making positions either in the public or private sector. Property registered to Roma women account for les than 0.2 per cent of the total property owned by families. Jobs that Roma women perform are among the most difficult and least paid jobs. Women account for approximately 70 per cent of the illiterate Roma population. There are approximately 65 per cent of women among the unemployed and among individuals seeking a job for longer than two years. Over 70 per cent of these women are Roma women, internally displaced persons, refugees from former Yugoslavia and returnees according to the readmission agreement and/or women from the most vulnerable categories of the population. The National Strategy for the Promotion of the Position of Women and the Promotion of Gender Equality envisages a set of measures relating to the promotion of the position of Roma women, in terms of increasing their involvement in decision-making processes, promoting their economic status, access to education and health care, prevention of violence against Roma Women, as well as combating stereotypes.

78. The non-government organization Roma Women’s Center Bibija has launched the promotion of the rights of Roma women by organizing seminars for women and girls in Roma communities on the issues of female identity, attitudes towards tradition, sexuality, smoking, abuse of alcohol and drugs, nourishment, etc. A set of round tables were organized on the human rights of Roma women, as well as their participation in elections. Non-government organizations dealing with similar activities have established the Informal Women’s Network.

79. The project of the Ministry of Culture of the Republic of Serbia entitled Affirmation of Contemporary Production in the Field of Visual Arts of Roma has been implemented in cooperation with the non-government organization Anonymous said of Belgrade. The aim of the project is to position the contemporary production of Roma in relation to the contemporary artistic production in Serbia and Europe, by altering the already set hierarchical matrix of the organization itself, working jointly on the implementation of projects (preparation, workshops, classes, exhibition) and participation of artists from Serbia and abroad with 51 per cent of participants from the Roma national minority. The objectives of the projects are: the affirmation of the contemporary visual creativity of the Roma national minority, training in the field of contemporary visual arts, professional training in the field of production, organization of marketing and PR activities relating to the organization of visual manifestations, organization of an international visual manifestation and involvement in the work of national cultural institutions. In order to advance the position of Roma in the field of information, the Ministry of Culture – the Media Department has been co-financing a bulleting in the Roma language. The Ministry of culture has allocated RSD 8,000,000.00 on account of the Decade of Roma from its budget in 2009. A part of this amount shall be disbursed for projects/programmes in the Roma language in a competition for information dissemination in the minority languages. The Ministry of Culture implemented the projects of training and engaging Roma media representatives at the end of 2008 and at the beginning of 2009, in cooperation with the Ministry of Human and Minority Rights and the National Council of the Roma National Minority. Their role is to raise awareness of Roma, in particular outside of the capital, on the significance and opportunities provided by the Decade of Roma. The aim of the project is also to raise awareness of the Serbian public on the issues relating to the position of the Roma population and the problems Roma face in all segments of daily life. The Ministry of Culture earmarked RSD 1,000,000.00 for these purposes.

80. Substantial resources are allocated on account of the promotion of the position of Roma from the budget of the Republic of Serbia. The Ministry of Labor and Social Policy earmarked RSD 150 million in 2008, the Ministry of Health earmarked RSD 138 million in the period between 2006 to the beginning of 2009, and the Commissariat for Refugees earmarked as much as RSD 330 million in 2008 and 2009. The Republic of Serbia has allocated RSD 1 billion and two hundred million in the 2009 on account of the promotion of the position of Roma in the fields of health, education, employment and social status. Furthermore, AP Vojvodina and local self-government also disburse funds on account of Roma issues.

81. Measures undertaken in AP Vojvodina to prevent the discrimination of Roma are:

82. In the period between 1990 and 2008, there were 153 Roma associations registered in AP Vojvodina, with as few as ten associations registered prior to 2000. Active associations (52 of 153) have thus far implemented 147 projects, with 28 ongoing projects. The majority of associations have been implementing projects in the field of education aiming to: conduct classes in the Roma language with elements of national culture in primary schools, include children in pre-school institutions, provide additional classes, purchase school accessories, spread literacy, conduct adult education, etc. In the field of employment, projects are largely targeted at empowering the members of the Roma population for active job-seeking and self-employment through institutional programmes, as well as for professional training for deficient professions. In the field of housing, projects have been implemented to resolve housing issues of the Roma by repairing the houses and landscaping Roma settlements. In the field of health care, projects dealt primarily with the training on diverse health topics, and were implemented by health-care institutes in cooperation with Roma associations. Projects for the promotion of the position of women: a hot-line was established in the languages of national minorities including the Roma language, for women victims of violence and legal and psychological assistance was organized for the victims of violence; young Roma women were educated about human rights, the significance of voting in elections, etc.

83. The donor conference on the promotion of the position of Roma in AP Vojvodina was held on 14 February 2009 in Novi Sad. The project was implemented by the Provincial Secretariat for Regulations, Administration and National Minorities and was coordinated by the Office for the Inclusion of Roma and the Matica Romska. The Conference was attended by representatives of the embassies of the Federal Republic of Germany, the Republic of Hungary, Finland, the Republic of Italy, representatives of international organizations – UNHCR, UNDP, OSCE, UNICEF, representatives of Roma non-government organizations and local self-governments. The conference presented five projects in the field of insurance, six projects in the field of self-employment, three projects in the field of housing, two projects in the field of health, two projects in the field of community development and one project in the field of sports.

84. The Secretariat for Education of the AP Vojvodina implements the four-year project entitled the Inclusion of Roma Students in Secondary Schools on the Territory of AP Vojvodina. The project is supported financially by the Roma Education Fund and the project partners are the Council for the Integration of Roma and the Association of Roma Students. The project ensures material and mentor support for students of regular secondary schools in the period 2007-2011. The project shall include 855 students in total as direct beneficiaries, while indirect beneficiaries shall include their parents, Roma families, the Roma community and the local and wider social community. The goal of the project is to increase the number of Roma students enrolled in and completing secondary schooling, improve their overall secondary school achievements by way of a mentor support system, as well as continued scholarships for students.

85. The analysis of results after the first project year indicated that the percentage of Roma student drop-outs was 7.32 per cent and/or was lower than the rate envisaged in the project (10 per cent). The rate was lower than in the three preceding school years, when the drop-out rate among these students was 26 per cent. The analysis of the overall achievements of the students indicated that 44 students achieved excellent grades and accounted for 12.39 per cent, with nine students scoring a 5.00 average. As many as 167 students achieved excellent or very good grades, amounting to 47.07 per cent of all scholarship recipients, which is commendable. As compared to the start of the school year, the decline in general grades is minimal and amounts to 1.12 per cent (relative to the 171 students - 48.16 per cent, that have completed the previous year with excellent or very good grades). Students of the final, fourth grade have retained their grade level, students of the second and third grade have improved their grades by 3.38 per cent (of the 85 students – 23.94 per cent had excellent or very good grades at the beginning of the school year, with 97 students – 27.32 per cent at the end of the school year). Only the first grade students had a slight decline in their general grades by 4.51 per cent, meaning that of the 68 students (19.15 per cent) 52 of them (14.64 per cent) kept their excellent or very good grades, which is likewise commendable, especially in view of the fact that the transition from the primary to secondary school is frequently followed by a large decline in general grade levels.

86. The total number of Roma high school students increased by 103 per cent in the second project year (from 298 to 606 students). The number of first-grade Roma students increased by 98.34 per cent (from 121 to 240). The number of Roma students continuing vocational education in colleges or faculties also increased by 171.87 per cent (from 31 to 87 students).

87. An overview of the number of Roma students in AP Vojvodina in 2004-2009 at all education levels is given in the following table:

	2004/05	2005/06	206/07	2007/08	2008/09
Preschool programme	Data not available	Data not available	544	820	881
Primary education	5 216	5 565	5 888	6 284	6 544
Secondary education	235	258	292	395	606
Higher education	12	12	19 (first year)	10 (first year)	54 (first year)
Schools/Higher education
Schools of professional studies
University education	16	27	12 (first year)	17 (first year)	33 (first year)
Total	5 479	5 862	6 775	7 526	8 118

88. The Republic of Serbia condemns racial segregation and apartheid. Segregation and apartheid practices and policies are most severely prohibited. The provision of article 13, paragraph 1, item 4 of the Anti-Discrimination Law defines apartheid as a severe form of discrimination. Detailed information on positive norms, as well as measures undertaken by competent bodies to prevent and prosecute discrimination and segregation activities are laid out in the appropriate sections of the report hereof.

89. Article 128 of the Criminal Code^[19] envisages a punishment of three years of imprisonment for any individual who deprives or limits another person’s individual or civil rights set forth in the Constitution, laws or other regulations or general instruments and ratified international treaties, or favors these individuals and gives them benefits based on their national or ethnic affiliation, racial or religious affiliation or absence of affiliation, or based on differences in terms of political or other beliefs, sex, language, education, social position, social origin, property status or another personal characteristic. If the act is committed by an official when performing their official duties, the official shall be punished by a term of imprisonment of three months to five years.

90. Pursuant to article 317 of the Criminal Code, the person that instigates or exacerbates national, racial or religious hatred or intolerance among the peoples and ethnic communities living in Serbia, shall be punished by imprisonment of six months to five years. If the offence specified in paragraph 1 of this article is committed by coercion, mistreatment, compromising safety, exposure to derision of national, ethnic or religious symbols, damage to goods, desecration of monuments, memorials or graves, the offender shall be punished by imprisonment of one to eight years. Should the offence occur by abuse of official position or authority, or if these offenses result in riots, violence or other grave consequences to the co-existence of peoples, national minorities or ethnic groups living in Serbia, the prescribed punishment is imprisonment of one to eight years and/or imprisonment of two to ten years.

91. The provisions of article 387 of the Criminal Code stipulate that the person who violates fundamental human rights and freedoms guaranteed by universally accepted rules of international law and international treaties on the grounds of race, color, nationality, ethnicity or other personal characteristic shall be punished by imprisonment of six months to five years. The penalty specified in paragraph 1 of this article shall be imposed on whoever persecutes organizations or individuals due to their commitment to the equality of people. Whoever propagates ideas of superiority of one race over another or propagates racial intolerance or instigates racial discrimination shall be punished by imprisonment of three months to three years.

92. In the period from 1992 through 2008, the Ministry of Internal Affairs of the Republic of Serbia filed indictments against 572 individuals for having committed 366 criminal offenses of discrimination. The majority of the criminal offenses was reported in 2008 – 62, followed by 2005 – 54, 2007 – 52, 2006 – 49, 2004 – 34, 2002 – 18, 2003 – 14, 1999 and 2001 – 13, 2000 – 12, 1992 – 9, 1993 – 8, 1995 and 1998 – 7, 1996 and 1997 – 5 and 1994 – 4 criminal offences.

93. The majority of the criminal offenses reported include criminal offenses identified under article 317 of the Criminal Code — incitement of national, racial and religious hatred and intolerance — 268 and/or 73.2 per cent of the total number of criminal offenses incriminating any form of discrimination. These are followed by the criminal offenses identified under article 131 of the Criminal Code — infringement of the freedom of religion and religious ceremonies — 70; criminal offences identified under article 129 of the Criminal Code — infringement of the right to language and script — 20; criminal offences identified under article 174 of the Criminal Code — public ridicule of a nation, national and ethnic groups — 5; criminal offences identified under article 387 of the Criminal Code — racial and other discrimination — two and one criminal offence identified under article 128 of the Criminal Code – violation of equality. Indictments were raised against 572 individuals on account of the said criminal offences, 378 of which were indicted for having committed the offence of inciting national, racial and religious hatred and intolerance.

94. The number of indictments on account of the criminal offences of discrimination increased after 2004, after the Ministry of Internal Affairs instructed all regional police administrations to file indictments in all cases of even the smallest indications of offences motivated by national, racial or religious hatred (even when committed by NN persons), in order to step up the security protection of minority groups and religious facilities. In all cases of incidents motivated by ethnic affiliation of the plaintiff, priority measures are undertaken to resolve the case as urgently and comprehensively as possible, according to the specific plan compiled for each individual case. Its realization involves the joint participation of the members of criminal police and police in uniform. This means that police officers, in the course of the pre-criminal procedure and per instructions of the public prosecutors and with the enforcement of police authorities, undertake measures to resolve incidents, find, bring in and report suspects to the competent prosecutor’s office.

95. The statistical data on the reported, indicted and convicted adults in the Republic of Serbia in the period 2004–2008 for the following criminal offences is given in the table below:

Violation of the freedom to express national or ethnic affiliation
	2004	2005	2006	2007	2008
Petitions	-	-	1	3	2
Indictment	-	-	1	-	1
Convictions	-	-	1	-	1
Violation of the freedom of confession and religious ceremony
	2004	2005	2006	2007	2008
Petitions	3	2	-	16	15
Indictment	2	1	1	2	1
Convictions	2	1	-	-	-
Incitement of national, racial and religious hatred and intolerance
	2004	2005	2006	2007	2008
Petitions	23	73	84	80	82
Indictment	1	2	6	8	26
Convictions	1	1	6	6	16
Racial and other discrimination
	2004	2005	2006	2007	2008
Petitions	-	-	-	15	4
Indictment	-	-	-	-	-
Convictions	-	-	-	-	-

96. Article 5, paragraph 3 of the Constitution of the Republic of Serbia prohibits activities of political parties aiming at the forced overthrow of the constitutional system, the violation of guaranteed human or minority rights and inciting racial, national or religious hatred. Article 55, paragraph 4 stipulates that the Constitutional Court may ban only those associations whose activities are aimed at the violent overthrow of the constitutional order, violation of guaranteed human or minority rights, or inciting of racial, national and religious hatred. The Constitutional Court shall decide on the prohibition of the work of a political party, labour organization, citizen association or religious community at the motion of the Government of the Republic of Serbia, the republic public prosecutor or the body competent to maintain the registry of political parties, labour organizations, citizen associations or religious communities (art. 80, para. 1 of the Law on the Constitutional Court).^[20]

97. The Law on the Association of Citizens^[21] (arts. 9 and 10) envisages that the competent body shall temporarily ban the organization of a public gathering aiming to violently overthrow the Constitutional order, impair the territorial integrity and independence of the Republic of Serbia, infringe the Constitution-guaranteed individual and citizen freedoms and rights, incite and instigate national, racial and religious intolerance and hatred. The District Court shall decide on the temporary ban or a ban of a public gathering.

98. Pursuant to the provision of the article 37, paragraph 2 of the Law on Political Parties,^[22] the work of the political party whose activities are not in compliance with article 4, paragraph 2 of the Law thereof, or who enter wider political alliances in the country or abroad and/or join a political party whose activities are not in compliance with article 4, paragraph 2 of the Law thereof, shall be banned. The provision of article 4, paragraph 2 of the Law thereof stipulates that the activities of a political party may not aim at the forced overthrow of the constitutional order and impair the territorial integrity of the Republic of Serbia, infringe the guaranteed human or minority rights or incite and instigate racial, national or religious hatred. The Constitutional Court shall decide on the prohibition of the work of a political party (art. 37, para. 1), and the procedure for prohibiting the work of a political party shall be instituted at the motion of the Government, the Republic Public Prosecutor and the ministry in charge of administration issues (art., para. 1).

99. Article 2 of the Law on the Association of Citizens in Associations, Social Organizations and Political Organizations Founded on the Territory of the SFRY,^[23] which was revoked only in relation to the provisions on political parties when the Law on Political Parties came into force in 2009, stipulates that organizations may not be established whose programme or statutory objectives are aimed at the violent overthrow of the Constitutional order, impairing territorial integrity and independence of the country, infringement of the Constitutionally guaranteed individual and citizen freedoms and rights, incitement of national, racial and religious hatred and intolerance. The provision of article 20, paragraph 1 of the Law thereof stipulates that the work of an organization or its internal organizational sectors shall be banned if their activities aim at achieving objectives set in article 2 of the Law thereof, if they conduct activities in a manner which is not in compliance with law and objectives for which the organization was founded, or if the organization enters an international organization or an association whose work includes some of the activities set in article 2 of the Law thereof. The decision on the prohibition of the work of an organization shall be adopted by the Minister in charge of the administration issues (art. 20, para. 2 of the Law).

100. No political organization, citizen association or social organization was banned from their activities by the decision of the Constitutional Court in the reporting period.

101. The legal framework relevant to the establishment and operations of a citizen association is regulated by: Law on Social Organizations and Citizen Associations^[24] adopted in 1982, with amendments and additions adopted by 2005 and the Law on the Association of Citizens in Associations, Social Organizations and Political Organizations Established at the Territory of the SFRY adopted in 1990, with the latest amendment enacted in 2000. Since the said laws originate from the period of the Socialist Republic of Serbia and the Socialist Federative Republic of Yugoslavia, there are certain issues with the disharmony with the provisions set in the Constitution of the Republic of Serbia and the Law on the Constitutional Court, which proscribe that the Constitutional Court shall decide on the prohibition of the work of a political party and an association based on the motion of the Government, Republic Public Prosecutor or a body competent for entering into the relevant registry. When the Constitutional Court prohibits the work of a political party, the political party is deleted from the registry on the day of the submission of the decision of the Constitutional Court.

102. Article 8, paragraph 2, item 3 of the Law on Broadcasting shall authorize the Broadcasting Agency to undertake measures in the field of broadcasting to prevent the broadcasting of a programme containing information inciting discrimination, hatred or violence against individuals or groups of individuals based on their belonging or failure to belong to a specific race, religion, nation, ethnic group or sex. Article 21 of the Law stipulates that the Agency shall ensure that the programmes of broadcasters do not contain information inciting discrimination, hatred or violence against individuals or groups of individuals based on different political affiliation or belonging or failure to belong to a specific race, religion, nation, ethnic group, sex or based on sexual orientation. If the broadcaster acts contrary to the ban, the Agency shall issue measures stipulated by Law, irrespective of the legal means at the disposal of the damaged party.

103. The provision of article 38 of the Law on Public Information prohibits the publishing of ideas, information and opinions inciting discrimination, hatred or violence against individuals or groups of individual based on their belonging or failure to belong to a race, religion, nation, ethnic group, sex or based on their sexual orientation, irrespective of whether the publishing implied the committal of a criminal offence (hate speech). The appeal to the competent court against the author of the information and against the responsible editor of the media in which the information was published, which represents the infringement of the prohibition of hate speech, may be filed by: the individual that the information refers to, who may request the prohibition of the repeated publishing of the information and the proclamation of the court decision at the expense of the defendants; a legal person who aims to protect the individual and citizen freedoms and rights, as well as an organization that aims to protect the interest of groups mentioned in article 38 of the Law thereof (art. 39).

Cooperation with the International Criminal Tribunal for the former Yugoslavia

104. The cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY) is conducted based on the Law on the Cooperation with the International Tribunal for the Prosecution of Persons Responsible for Severe Violations of International Humanitarian Law Committed on the Territory of the Former Yugoslavia since 1991.^[25] The Republic of Serbia thus accepted the competency of the international court for the prosecution of the offences of genocide and crimes against humanity, including persecution based on political, racial or religious grounds.

105. The State bodies of the Republic of Serbia mandated to cooperate with the ICTY are: the National Council for Cooperation with the Tribunal, the Office of the National Council and the Action Plan Implementation Team. Furthermore, an important role in relation to the cooperation with the Tribunal hold the Prosecutor’s Office for War Crimes of the Republic of Serbia, the Office of the Ministry of Internal Affairs for Disclosing War Crimes, the National Security Council, the Ministry of External Affairs, the Ministry of Justice, the Security-Information Agency, the War Crimes Council of the District Court of Belgrade and the Witness Protection Unit which was established within the Office for Disclosing War Crimes of the Ministry of Internal Affairs.

106. The cooperation is established by: submitting documentation to the Tribunal; relieving persons of the obligation to keep secrets to be able to testify in the proceedings held before the Tribunal, submitting summons and other writ to persons in the territory of the Republic of Serbia, providing protection to witnesses and members of their families, control over the defendants who are temporarily set free and are resident in the territory of Serbia, correspondence and direct contact with the Prosecutor’s Office, the Secretariat and the Chair of the Tribunal, including all required technical assistance; providing support and cooperation in searching for defendants at large and their transfer to the Tribunal; other forms of cooperation, such as direct cooperation between the Prosecutor’s Office for War Crimes and the ICTY Prosecutor’s Office by exchanging the data contained in the electronic databases of these institutions and other activities.

107. So far twelve defendants indicted before the ICTY have been arrested in the Republic of Serbia. In view of the cooperation of national security agencies with foreign agencies, four defendants have been arrested in Argentina, Russia, Bosnia and Herzegovina and Montenegro. Twenty seven defendants have turned themselves in on a voluntary basis. One defendant committed suicide in Belgrade. Two defendants are still at large. It should be underlined that, out of the 46 defendants indicted before the ICTY, the Republic of Serbia has handed over 43 defendants to the Tribunal, including the persons who performed the duty of the President of the Federal Republic of Yugoslavia, the President of the Republic of Serbia, the Deputy Prime Minister of the Federal Government, the Deputy Prime Minister of the Government of the Republic of Serbia, three former Heads of the General Staff of the Yugoslav Army, the Head of the National Security Council, as well as a number of army and police generals.

108. In order to track down and arrest the fugitives, the Law on Freezing the Assets of the Fugitive Defendants Indicted before the ICTY as of 2006 is enforced, as well as the Law on Amendments and Additions to the Law on the Organization and Competencies of State Bodies in Proceedings for War Crimes as of 2007, which transfers the competency in the proceedings against persons accused of having participated in helping to hide persons indicted before the ICTY to the institutions specialized to investigate war crimes (the Service for Disclosing War Crimes of the Ministry of Internal Affairs of the Republic of Serbia, the Prosecutor’s Office for War Crimes of the Republic of Serbia and the War Crimes Council of the District Court of Belgrade). In this sense, the competent judicial bodies of the Republic of Serbia are running the proceedings against the persons accused of having helped to hide two defendants.

109. From the period when cooperation was established between the Republic of Serbia and the ICTY, the Republic of Serbia has received more than 1800 requests for assistance from the ICTY Prosecutor’s Office. The subject of the requests was to submit documents necessary for the ICTY Prosecutor’s Office to prepare for the proceedings maintained before the Tribunal, as well as the insight into the archives of the State bodies of the Republic of Serbia, as well as to relieve witnesses from the obligation to preserve secrets. The Republic of Serbia responded fully to almost all the requests, and only the most recent requests are still in the process of realization.

110. The Republic of Serbia and the ICTY Prosecutor’s Office entered the Agreement on Practical Modalities of Insight into the Archives of State Bodies in 2006. So far there have been insights into the archives of the Ministry of Internal Affairs, the Ministry of Defense, the President’s Office of Serbia, the Government of the Republic of Serbia, the Security-Information Agency and other competent State bodies which may be a relevant source of information for the ICTY investigators. There have been 26 visits of the Tribunal representatives to the archives of our State bodies thus far.

111. The Government of the Republic of Serbia has relieved more than 500 individuals of the obligation to preserve State, official and military secrets since the establishment of the National Council for Cooperation with the ICTY, which enabled them to give statements in the proceedings held before the ICTY in the capacity of witnesses. It should be mentioned that each person for whom the relief of the obligation to preserve secrets was requested by the ICTY Prosecutor’s Office has been relieved of the obligation, without exceptions, enabling them to testify in the proceedings before the ICTY.

112. The War Crimes Panes was established as a special department of the District Court of Belgrade in October 2003, after the Law on the Organization and Competencies of State Bodies in the Proceedings against War Crimes Perpetrators was enacted in July 2003. The law is enforced to disclose and prosecute the perpetrators of crimes against humanity and international law, as well as to disclose and prosecute the perpetrators of crimes stipulated by article 5 of the Statute of the International Criminal Tribunal for former Yugoslavia. The amendments and additions to the Law on the Organization and Competencies of State Bodies in the War Crimes Proceedings as of November 2007, inter alia, expanded the competencies of the War Crimes Prosecutor’s Office of the Republic of Serbia and the War Crimes Panel of the District Court of Belgrade to the perpetrators of the criminal offence of providing help to the perpetrators after the committed criminal offence, in case of the criminal offences stipulated in articles 370 to 386 of the Criminal Code, as well as the severe violations of international humanitarian law committed on the territory of the former Yugoslavia since 1 January 1991, as envisaged by the Statute of the ICTY.

113. The War Crimes Panel reached four verdicts which became effective and which convicted six persons to a total of 73 years in prison. First instance verdicts were made in five cases for 22 persons (ten persons were acquitted), and the total number of years in prison per first instance verdicts is 297. Including the verdicts in the Sjeverin cases (five persons sentenced to 95 years in prison in total), the total number of verdicts is 11 and/or 465 years in prison for 33 persons. The main hearings are under way for nine cases before the War Crimes Panel. There are a total of 62 cases instituted against 291 persons, 32 cases against 132 persons being in the hearing stage. The total number of processed persons is 362 and/or 69 convicted persons in total. The total number of victims is 2,216.

114. Article 32 of the Constitution of the Republic of Serbia stipulates the right to a fair trial. Everyone shall have the right to a public hearing before an independent and impartial tribunal established by the law within reasonable time which shall publicly discuss and declare judgment on their rights and obligations, grounds for suspicion resulting in the initiated procedure and accusations brought against them. Everyone shall be guaranteed the right to free assistance of an interpreter if the person does not speak or understand the language officially used in the court and the right to free assistance of an interpreter if the person is blind, deaf, or mute. Article 67 of the Constitution guarantees the right of legal assistance for everyone under the conditions set forth by law. Legal assistance shall be provided by legal professionals, as an independent and autonomous service, and legal assistance offices established in the units of local self-government in accordance with the law. The law shall stipulate conditions for providing free legal assistance. Article 199 of the Constitution stipulates that everyone shall have the right to use their language in the proceedings before the court, other State body or organization exercising public authority, when their right or duty is decided upon. The unfamiliarity with the language of the proceedings may not be an impediment for the exercise and protection of human and minority rights.

115. Article 9 of the Criminal Procedure Code stipulates that the criminal proceedings shall be conducted in the language which is in official use in the court. The parties, witnesses and other persons participating in the proceedings shall have the right to use their own language in the proceedings. If the proceeding is not conducted in the language of the person, interpretation shall be provided for anything that the person may state, or anyone else might state, as well as the translation of personal documents and other written evidence. The person shall be advised of their rights regarding translation/interpretation, and the person may waive that right if the person speaks the language of the proceedings. The records shall note that the advice has been given, as well as the statement of the participant. The interpretation/translation shall be entrusted to a Court Interpreter. Article 10 stipulates that the court shall send summons, decisions and other briefs in the Serbian language. If the language of the national minority is in official use in the court, the court shall send court briefs in that language to the persons who are members of the national minority and which they spoke during the proceedings. The persons may require that briefs be sent in the language in which the proceedings are conducted. The defendant who is held in custody, serving a sentence or being detained for safety reasons in a health institution shall be submitted the translation of the brief in the language the person speaks in the proceedings.

116. Article 2 of the Law on Litigation^[26] stipulates that the parties have the right to legal, equal and equitable protection of their rights. Article 6 of the Law stipulates that the litigation shall be conducted in the Ekavian dialect of the Serbian language and the Cyrillic script, while the Latin script shall be used in compliance with the Constitution and law. In areas in which the language of a national minority is in official use in compliance with law, the proceedings shall be conducted both in the language and in the script of the national minority. The parties and other participants in the proceedings shall have the right to use their language and script, in compliance with the provisions of the Law thereof. Article 96 stipulates that the parties and other participants to the procedure shall have the right to use their language at the hearing and during oral procedural activities. If the proceedings are not conducted in the language of the party and/or other participants in the proceedings, at their request they shall be provided interpretation into their language of everything stated during the hearing, as well as the oral translation of personal documents used at the hearing as verification. The parties and other participants in the proceedings shall be informed on their right to follow the oral procedure before the court in their own language by means of interpretation. The records shall note that the advice has been given, as well as the statement of the parties and/or participants. The interpretation/translation shall be entrusted to a Court Interpreter. The court shall send summons, decisions and other briefs in the Serbian language. If the language of a national minority is also in official use in the court, the court shall send court briefs in that language to the persons and participants in the proceedings who are members of the national minority and who speak that language during the proceedings. The parties and other participants in the proceedings shall file the charges, appeals and other petitions in the language which is in official use in the court. The parties and other participants in the proceedings may also submit to the court their petitions in a language of national minorities which is not in official use in the court if stipulated by law. The expenses of translation to the language of a national minority, incurred due to the enforcement of the provisions of the Constitution and the law hereof on the rights of the members of national minorities to using their language, shall be paid by court resources. Article 361 stipulates the right to appeal for serious violations of the litigation procedure. Paragraph 8 of the article thereof stipulates that there is a serious violation of the Law on Litigation whenever the court refuses the request of the party to freely use their language and script contrary to the provisions of the law.

117. Article 23, paragraph 1 of the Law on the Protection of the Rights and Freedoms of National Minorities envisages that, in order to protect their rights, members of national minorities and national councils of national minorities as their representatives, may file a petition for compensation to the competent court. Pursuant to the provision of article 83, paragraph 1 of the Law on the Constitutional Court, a constitutional appeal may be filed by any individual who believes that their human or minority right and freedom guaranteed by the Constitution has been infringed upon or deprived by an individual act or activity of a State body or an organization endowed with public authority. The constitutional appeal on behalf of the individual defined in paragraph 1 of the article thereof, based on their written authorization, may be filed by another natural person and/or a State or another body competent to monitor and exercise human and minority rights and freedoms.

118. The Constitution of the Republic of Serbia stipulates that human dignity is inviolable and that everyone shall be obliged to respect and protect it. Everyone shall have the right to free development of their personality if this does not violate the rights of others guaranteed by the Constitution. Article 24 of the Constitution stipulates that human life is inviolable. Furthermore, the Constitution guarantees the protection of physical and mental integrity as inviolable. Nobody may be subjected to torture, inhuman or degrading treatment or punishment, nor subjected to medical and other experiments without their free consent.

119. Article 137 of the Criminal Code defines the criminal offence of ill-treatment and torture. The criminal offence in its basic form envisages the ill-treatment of another or treating such person in a humiliating and degrading manner, envisaging a punishment of imprisonment up to one year. For a more severe form of the criminal offence — coercion, threat or any other illegal conduct, causing pain or anguish to another with the aim to obtain a confession, statement or information from them or another person, or to intimidate them or a third party or to exert illegal punishment, or if done from motives based on any form of discrimination — the punishment of imprisonment is envisaged from six months to five years. The subject of committing such a criminal offence is defined more broadly, wherefore paragraph 3 stipulates that if the offence specified in paragraphs 1 and 2 of this article is committed by an official while performing their duty, such person shall be punished for a basic offence by imprisonment from three months to three years, and for the more severe offence by imprisonment of one to eight years. Article 136 of the Criminal Code defines the criminal offence of the extortion of confession. The article stipulates that an official using force or threat or other inadmissible means or inadmissible manner with the intent to extort a confession or another statement from a defendant, a witness, an expert witness or other person, shall be punished with imprisonment of three months to five years.

120. The Police Ethics Code stipulates that no employee of the Ministry of Internal Affairs may order, execute, incite or tolerate torture or any other cruel or inhumane treatment degrading the dignity of a person, or any other action which may jeopardize the right to life, freedom, personal security, respect for private and family life, assembly or association or any other right of freedom guaranteed by the European Convention on Human Rights. Any member of the Ministry present in the committal of a forbidden activity shall report such a case to their superior and the bodies of internal and external civilian supervision over the work of the Ministry. As of the day when it came into force in October 2006, the instructions have been an integral part of the professional advancement programme for the members of the Ministry of Internal Affairs.

121. The control over the work of the police in the Republic of Serbia is regulated by articles 170–181 of the Law on Police, both as external and internal control. The Department of Internal Control of the Police is mandated to control the legality of the work of the police, in particular with regard to respecting and protecting human rights when executing police tasks and enforcing police competencies. The department also implements the provisions of international conventions ratified by our country, relating to the issue of human rights.

122. The Department of Internal Control of the Police acts based on the proposals, complaints and petitions of natural persons and legal entities relating to the written notifications by members of the police and at their own initiative and/or based on the collected notices and other information relating to the work and treatment of the police officers when enforcing their official competencies. In this context, the Department verifies the statements and information speaking in favor of potential misuse or violations of the competencies of police officers against suspects issued a specific measure of depriving them of freedom and detention.

123. There are other forms of internal control of the police represented in the Ministry of Internal Affairs of the Republic of Serbia, namely: control by means of disciplinary accountability, control as to the use of force (the Rulebook on the Technical Characteristics and Methods of Use of Force was developed, envisaging the creation of the Commission for Examining the Justification for the Use of Force), hierarchy and other types of control. The discovery and reporting of such cases is the obligation and duty of every police official, while representing one of the elements of the management system, implying the permanent monitoring of the behavior of individuals and their work performance, along with the application of prescribed disciplinary measures to those acting in ways detrimental to the reputation of the profession.

124. An important segment of the internal control of the police has been established by regulating the area of complaint resolution procedures, representing a novelty which has altered the practice significantly – the introduction of a component of transparency in controlling the actions of the police. Pursuant to the adopted Rulebook on the Procedure of Complaint Resolution, the work of committees and the second instance body deciding on the justifiability of complaints shall involve a representative of the public – local government, professional public, non-government organizations. The Minister of Internal Affairs adopted the decision to establish 27 committees as second instance bodies in the procedure of complaint resolution, which became operational in January 2007. Complaints in the mandate of the Ministry are decided upon by the committee of three members, namely: Head of the Department of Internal Control of the Police or another official from the department authorized by the Head of the department, a representative of the police authorized by the Minister and a representative of the public. The representative of the public is nominated for a four-year period, with the possibility of repeated nomination. The Bureau for Complaints and Petitions within the Office of the Minister is competent for ensuring regular and unimpeded work and harmonization of the practice and acting with regard to deciding upon complaints, as well as for eliminating all the obstacles and uncertainties during the relevant work.

125. Article 10, paragraph 1 of the Family Law^[27] prohibits family violence. The provisions of article 197, paragraph 1 of the Law define family violence as the behavior of one family member that is endangering the physical integrity, mental health or tranquility of another family member. Pursuant to article 198 of the Family Law, the following measures may be undertaken against a violent family member: issuing the order to move out of the family apartment or house irrespective of the ownership rights and/or lease of the property; issuing the order to move into the family apartment or house, irrespective of the ownership rights and/or lease of the property; the prohibition of approaching a family member closer than a specific distance; the prohibition of access to the environment of the place of residence or the place of work of a family member; the prohibition of further harassment of a family member. As there is a new legal institute within the field of family – legal protection, separate provisions of articles 283 through 289 of the Family Law envisage the procedure for the enforcement of the measures. The characteristics of the procedure are special urgency, deviation from the disposition principle and that an appeal to the ruling shall not halt its execution.

126. The document entitled National Millennium Development Goals in the Republic of Serbia was adopted in 2007. Eight national objectives/tasks were identified for each Millennium Goal, which should be achieved by 2015. Within the Third Millennium Goal relating to the enhancement of gender equality and improvement of the position of women, one of the defined specific objectives is to reduce violence against women and children, with the recommendation that the National Action Plan against Violence be adopted and implemented on a daily basis, as well as to introduce the maintenance of gender-sensitive statistics on violence victims. The National Strategy for the Prevention and Protection of Children against Violence was adopted in December 2008, and the development of the relating Action Plan is under way.

127. According to the data contained in the National Strategy for the Improvement of the Position of Women and the Promotion of Gender Equality (adopted in 2008), women from marginalized and multiply discriminated groups (Roma women, women with disabilities, refugees and displaced women, war victims, women living in the same-sex community, women with behavioral disorders, women addicted to alcohol, drugs and medicaments, women living with the HIV virus, women with chronic illnesses, migrant women, poor women, girls, elderly women, women from rural regions) are particularly subject to violence.

128. Social exclusion, discrimination, disrespect for human rights, life outside social trends in unhealthy and cramped conditions, poverty and hunger lead to insecurity reflected in Roma families as well. The findings of a pilot survey conducted in the Niš region indicated that more than 47 per cent Roma women were victims of family violence, most often together with their children who were both witnesses and victims. Evidence of violence against children can also be found in the survey on parental habits in Serbia. Almost one third of Roma respondents (30 per cent) thought that corporal punishment was an appropriate means to raise children, as well as 11 per cent of non-Roma respondents. Almost two thirds (64 per cent) of Roma parents responded that they punished their children physically on a daily basis. Adopted legislation, which identifies family violence as a criminal offence, still fails to ensure that social norms and tradition do not prevail in these communities. Prejudice on the Roma and prominent “invisibility” of Roma children are reasons that many children are deprived of the necessary support, care and protection they need.

129. Pursuant to article 388 of the Criminal Code, whoever by force or threat, deception or maintaining deception, abuse of authority, trust, dependency relationship, difficult circumstances of another, retaining identity papers or by giving or accepting money or other benefit, abuses, recruits, transports, transfers, sells, buys, acts as intermediary in sale, hides or holds another person with intent to exploit such persons for labour, forced labour, commission of offences, prostitution or other forms of sexual exploitation, mendacity, pornography, slavery or similar relationships, removal of organs or body parts or service in armed conflicts, shall be punished by imprisonment of two to ten years. When the offence specified in paragraph 1 of this article is committed against a minor, the offender shall be punished by the penalty prescribed for that offence even if there was no use of force, threat or any of the other mentioned methods of perpetration. If the offence specified in paragraph 1 of this article is committed against a minor, the offender shall be punished by imprisonment of minimum three years. If the offence specified in paragraphs 1 and 3 of this article resulted in grave bodily injury of a person, the offender shall be punished by imprisonment of three to fifteen years. If the offence specified in paragraphs 1 and 3 of this article resulted in the death of one or more persons, the offender shall be punished by imprisonment of minimum ten years. Whoever engages in offences specified in paragraphs 1 and 3 of this article or if the offence is committed by an organized group, shall be punished by imprisonment of minimum five years.

130. The provision of article 241, paragraph 6 of the Law on Healthcare stipulates that foreign nationals who are victims of trafficking shall be provided health care from the budget of the Republic of Serbia.

131. The Government of Serbia adopted the Anti-Trafficking Strategy in December 2006. The strategic goals of the Republic of Serbia in anti-trafficking are grouped in five areas: institutional framework, prevention, assistance, protection and reintegration of victims, international cooperation and monitoring and evaluation of results.

132. The Section for Combating Human Trafficking is operational in the Ministry of Internal Affairs, within the Criminal Police Administration of the Department for Combating Organized Crime. The Section for Combating Illegal Migrations and Human Trafficking within the Unit for Combating Cross-Border Crime and Criminal-Informative Tasks is operational within the Border Police Administration. Furthermore, special police teams for combating human trafficking have been established within police administrations, regional centres next to the bordering countries and at the Belgrade Airport.

133. The Anti-Trafficking Council of the Government of the Republic of Serbia was constituted in December 2005, as the expert and advisory body of the Government of the Republic of Serbia in this field. The Council was established to coordinate national and regional activities for combating human trafficking, analyze the reports of the relevant bodies of the international community on human trafficking, as well as to declare views and put forward measures for the enforcement of recommendations given by international anti-trafficking bodies.

134. The Law on the Election of Representatives stipulates that the right to vote and run for candidacy shall be vested in the citizen with residence in the Republic of Serbia, who holds a citizenship of the Republic of Serbia, has turned 18 years of age and is able-bodied (art. 10). The same provision is set forth in the Law on Local Elections, yet both the voter and the candidate shall have residence on the territory of the local government constituency where the right to vote is exercised (art. 7).

135. Article 2 of the Law on the Election of the President of the Republic^[28] stipulates that the right to elect the President of the Republic shall be vested in every able-bodied citizen of the Republic of Serbia that has come of age. The provision of article 3, paragraph 1 of the Law stipulates that the citizen of the Republic of Serbia who has turned 18, who is able-bodied and has had residence on the territory of the Republic of Serbia for at least one year can be nominated to run for the President of the Republic.

136. The voters who are not able to vote at their polling station (blind persons, persons with disabilities or illiterate persons) have the right to bring a person who shall vote in their place and in the manner prescribed (art. 72 of the Law on the Elections of Representatives). Article 72 provides for voting at home, in the procedure prescribed by Law, in case of voters who are not able to vote in the polling station (infirm or prevented person), if the person notifies the polling board on their intention to vote by 11 a.m. on the day of voting.

137. Chapter Fifteen of the Criminal Code stipulates the criminal offences against electoral rights. Articles 154 to 162 stipulate the punishment of imprisonment from three months to five years for violations of the right to run for election, the right of suffrage, giving or taking bribes with regard to voting, abuse of the right to vote, compiling inaccurate voters registers, prevention of voting, violation of the secrecy of voting, falsification of voting results and destroying of documentation on voting.

138. Article 52 of the Constitution of the Republic of Serbia guarantees the electorate right. Every able-bodied citizen of age of the Republic of Serbia shall have the right to vote and be elected. Suffrage shall be universal and equal for all, the elections shall be free and direct and voting shall be carried out by secret ballot in person. Election right shall be protected by law and in accordance with the law. Article 100 of the Constitution of the Republic of Serbia stipulates that the National Assembly shall consist of 250 deputies, who are elected in direct elections by secret ballot, in accordance with the Law. Equality and representation of different genders and members of national minorities shall be provided in the National Assembly, in accordance with law.

139. Article 9 of the Law on the Election of Deputies regulating the election of deputies of the National Assembly of the Republic of Serbia stipulates that the electorate right includes the right of citizens to vote and be elected; to candidate and run for candidacy; to decide on the proposed candidates and electorate lists; to ask the candidates questions in public; to be informed timely, truthfully, fully and impartially on the programmes and activities of the actors submitting electorate lists and the candidates on the lists, as well as to exercise other rights stipulated by the Law hereof. The right to vote and be elected as deputy shall be given to every citizen holding residency in the Republic of Serbia and who is the citizen of the Republic of Serbia, who has come of age and has working ability.

140. The Law thereof stipulates that the general supervision over political parties, candidates and public information means during the election activities shall be vested in the supervision committee. The supervision committee shall comprise ten members, half of which shall be nominated by the National Assembly of the Republic of Serbia at the motion of the Government and the other half at the motion of the deputy groups of the National Assembly selected among the reputed public workers, under the condition that they are not members of the bodies of political parties taking part in the elections. If any person who takes part in the election campaign incites violence, national, religious or racial hatred or gender inequality by their behavior, the supervision committee in charge of the election campaign shall without delay initiate the institution of the proceedings before the competent bodies (arts. 99 and 100 of the Law).

141. The provision of article 81, paragraph 1 of the Law on the Election of Deputies stipulates that the mandates shall be distributed between the electoral lists which have collected at least 5 per cent of votes of the total number of voters who have voted in a constituency. However, the census does not apply to the political parties of national minorities and the coalitions of such political parties and/or the parties whose primary goal is to represent and advocate for the interests of a national minority and to protect and promote the rights of members of a national minority, pursuant to international legal standards. Pursuant to article 81, paragraph 2 of the Law, political parties of national minorities and the coalitions of such political parties shall participate in the distribution of mandates even when they have collected less than 5 per cent of votes of the total number of voters who have voted. The Republic Electoral Commission shall decide whether the submitter of the electoral list shall have the status of a national minority political party and/or a coalition of such political parties upon announcing the electoral list, at the motion of the submitter of the electoral list which is to be made at the time of submitting the electoral list.

142. Article 40.a of the Law prescribes that the electoral list needs to contain one candidate — member of the sex less represented on the list — per every four candidates in the order as shown on the list (first set of four places, second set of four places, etc. down to the end of the list). The electoral list shall have a minimum sum total of 30 per cent of candidates of the sex less represented.

143. Six political parties of national minorities hold deputy mandates in the current composition of the National Assembly of the Republic of Serbia, namely: the Alliance of Vojvodina Hungarians, the Sandžak Democratic Party, the Democratic League of Croats in Vojvodina, the Socialist Liberal Party of Sandžak, the Party for Democratic Action and the Bosniak Democratic Party of Sandžak.

144. The Law on Local Elections regulates the election of councilors of local government unit assemblies. The citizens shall elect councilors on the basis of their free universal and equal franchise. The citizens shall exercise this right in person and through secret ballot. No one has the right, on any reason whatsoever, to prevent or force a citizen to vote, to hold them accountable for their vote or request of them to reveal their vote or state the reasons for failure to vote. The right to elect a councilor shall be vested in every citizen of the Republic of Serbia who has turned 18 with working ability and who resides in the territory of the electoral unit where they exercise their franchise. A councilor may be a citizen of the Republic of Serbia who has turned 18 years of age with working ability and resides in the territory of the electoral unit where they have been nominated for a councilor.

145. The Law on Local Elections envisages the implementation of the proportional electoral system and the appropriate corrective methods in the stage of nomination and distribution of mandates, in order to prevent the favoring of those political parties, party coalitions and groups of citizens who enjoy a relatively low support of the electorate.

146. Article 9 of the Law on Local Elections, also relating to article 180 of the Constitution of the Republic of Serbia, stipulates that in those local self-government units with the population of mixed nationalities, a proportional representation of national minorities in assemblies shall be provided for. It is easier to achieve such proportion in the proportional electorate system, and the Law envisages that the so-called natural threshold – the number of collected votes be applied in case of the parties of national minorities and their coalitions in the distribution of mandates, without an implementation of eliminatory census as a condition for the participation in the distribution of mandates.

147. Pursuant to article 20, paragraph 3 of the Law on Local Elections, the electoral list shall comprise at least 30 per cent of candidates of the less represented sex.

148. Pursuant to article 39 of the Constitution of the Republic of Serbia, everyone shall have the right to free movement and residence in the Republic of Serbia, as well as the right to leave and return. The freedom of movement and residence, as well as the right to leave the Republic of Serbia, may be restricted by law if necessary for the purpose of conducting criminal proceedings, protection of public order, prevention of spreading contagious diseases or defense of the Republic of Serbia.

149. The issue of permanent and temporary residence of citizens is regulated by the provisions of the Law on Permanent and Temporary Residence.^[29] The provision of article 4 of the Law thereof defines permanent residence as the residence inhabited by the citizen with the intent to live there on a permanent basis. Citizens of age are obliged to register and unregister their permanent residence and report the change of the address. The registering of residence of foreigners is conducted according to special regulations. When registering their permanent residence and/or the change of the address, citizens of age are obliged to register their minor children as well. Temporary residence is the place where the citizen lives on a temporary basis outside their permanent residence (art. 4, para. 2 of the Law on Permanent and Temporary Residence). Citizens shall register their permanent residence in person in the organizational unit of the Ministry of Internal Affairs competent for the settlement they inhabit with the intent to live there on a permanent basis. Citizens shall register their temporary residence in the organizational unit of the Ministry competent for the settlement in which they live on a temporary basis.

150. The legal provisions regulating the issue of permanent and temporary residence do not discriminate on the basis of entity, race, sex or any other personal characteristic, in terms of the rights and obligations relating to permanent and temporary residence and/or all citizens are equal with regard to these rights and obligations.

151. Pursuant to article 17 of the Constitution of the Republic of Serbia foreign nationals, in accordance with international agreements, enjoy all the rights guaranteed by the Constitution and the law in the Republic of Serbia except for the rights that belong only to the citizens of Serbia under the Constitution and the law.

152. The new Law on Foreign Nationals^[30] was adopted in October 2008 as part of the process of harmonization of national and the European legislation, which was one of the primary preconditions for our country’s entering the White Schengen list. The Law regulates the issues of entry, movement, and stay of foreign nationals on the territory of the Republic of Serbia in keeping with adopted and recognized practices and international standards that apply to this category of individuals. Among other things, the Law stipulates that a foreigner is allowed to enter and stay in the Republic of Serbia if they possess a valid travel document containing a visa or a permission to stay (art. 4); on the other hand, their movement or stay on a part of the territory of the Republic of Serbia can be restricted or prohibited should this be required on the grounds of protection of public order or security of the Republic of Serbia and its citizens, or in accordance with an international agreement (art. 5). The provisions of the law regulating the issues of residence and stay of citizens of the Republic of Serbia apply to the registration and/or deregistration of residence and the change of address, as well as to the registration and deregistration of stay and the change of address of a foreigner unless otherwise specified by this law (art. 7, para. 2).

153. Pursuant to article 24 of the Law on Foreign Nationals, the stay of foreign nationals falls into three categories: a stay of up to 90 days, temporary stay, and permanent residence. Temporary stay, lasting up to one year, shall be granted on the following grounds: work, employment or performing an economic or other professional duty; schooling, studying or specialization in a field, scientific or research activities, practical training, participation in international exchange programmes for pupils or students or other scientific and educational activities; family reunion; other legitimate reasons in accordance with the law or an international agreement (art. 26, para. 1). A foreign national may be granted permanent residence under the following conditions: if by the day of submitting the request they have continuously stayed in the Republic of Serbia for longer than five years on the basis of a permission for temporary stay; if they have been married to a citizen of the Republic Serbia or a foreign national with permanent residence for at least three years; if they are a minor on a temporary stay whose one parent is a citizen of the Republic of Serbia or a foreigner with an approved permanent residence provided that the other parent consents; and if they are from the territory of the Republic of Serbia by origin (art. 37).

154. The Law on Asylum^[31] adopted in November 2007 regulates the issue of granting a foreign national asylum in the Republic of Serbia. Article 6, paragraph 1 of the Law lays down that no one can be expelled from the country or returned against their will to the territory where their life or freedom would be threatened because of their race, gender, language, religion, nationality, association with a social group, or political views. No one can be expelled from the country or returned against their will to the territory where they are at risk from being subject to torture, inhuman or humiliating treatment, or punishment (art. 6, para. 3). As for the procedure for approving asylum in the Republic of Serbia, all kinds of discrimination on any grounds are prohibited, and in particular on the grounds of race, color, gender, nationality, social background or a similar status, birth, religion, political or other views, financial standing, culture, language, age, and intellectual, sensory or physical disability.

155. The procedure for issuing travel documents is regulated by the Law on Travel Documents^[32] and pertaining by-laws. The passport is issued with a validity term of ten years, and to persons below 14 years of age with a validity term of two years (art. 12). The passport can be issued with a shorter validity term if a competent court and/or public prosecutor allows this in cases specified by law (art. 23, para. 1).

156. Pursuant to article 35 of the Law on Travel Documents, a request for issuing a travel document can be rejected in the following cases: if a decision has been brought on conducting an investigation or if charges have been pressed against the person seeking the issuing of a travel document – on request of a competent court and/or the public prosecutor’s office; if the person seeking the issuing of a travel document has been condemned to unconditional imprisonment longer than three months and/or until they have served their sentence; if the person seeking the issuing of a travel document is banned from travelling in accordance with valid international acts; if, in accordance with valid regulations, a person seeking the issuing of a travel document is banned from movement so that the spreading of contagious diseases and/or an epidemic could be prevented; if, on grounds of the country’s defense, the prescribed permit for traveling abroad has not been issued or there is some other impediment envisaged by the law regulating military service in case of a proclaimed state of war or state of emergency.

157. Pursuant to the Law on Refugees^[33]and regulations that stipulate the manner of care for refugees and displaced people, refugees enjoy full freedom of movement and stay on the territory of the Republic of Serbia. Being citizens of the Republic of Serbia, internally displaced persons also enjoy the freedom of movement and stay.

158. The Republic of Serbia is still faced with the issue of a large number of refugees from the territory of former Yugoslavia. According to the data obtained through Registration of Refugees in the Republic of Serbia that took place at the end of 2004 and in early 2005, the total number of refugees was 104,246, by almost 273,000 fewer than in 2001 when the previous registration had been conducted. However, the significant reduction in the number of refugees can largely be put down to the possibility of obtaining the citizenship of the Republic of Serbia or returning to the country of origin. In early 2009 there were still 97,354 refugees in Serbia. Estimates say that around 200,000 refugees have obtained the citizenship of the Republic of Serbia. By the country of origin, the structure of refugees is as follows: 73.43 per cent from Croatia (96.14 per cent of which are Serbs); 26.42 per cent from Bosnia and Herzegovina (94.43 per cent of which are Serbs); 0.15 per cent from Slovenia, and 2 refugees from Macedonia. When it comes to the return to the country of origin, the total of 62,636 refugees returned to the Republic of Croatia and 72,451 to Bosnia and Herzegovina over the period 1995-2008.

159. The total number of internally displaced persons from the AP of Kosovo and Metohija in the Republic of Serbia is 209,722, but around 20,000 Roma are assumed not to have been registered at all. The structure of internally displaced persons by the nationality is as follows: 75.2 per cent of Serbs, 10.9 per cent of Roma, 3.9 per cent of Montenegrins, 2.5 per cent of Muslims, 1.5 per cent of Gorani, 0.4 per cent of Egyptians, 0.2 per cent of Albanians, 0.2 per cent of Macedonians, 0.2 per cent of Yugoslavs, 0.1 per cent of Croats, and 0.1 per cent of Turks. The total of 4.8 per cent did not declare their nationality.

160. A number of internally displaced persons of the Roma nationality are not registered in birth registries, affecting their exercising of the right to health care and social protection, education, employment and property rights. For this reason the Ministry of Human Rights in cooperation with the OSCE Mission to Serbia, Office of the United nations High Commissioner for Refugees in Serbia and non-government organizations Centre for the Promotion of Legal Studies (CPLS) and Praxis has started implementing activities aimed at addressing the problem of the status of “legally invisible persons” through the adoption of the Law on the Recognition of Legal Personality, on the basis of the Model Law developed by the CPLS and Praxis.

161. In view of international cooperation, the Republic of Serbia has concluded 17 bilateral agreements on readmission. The Single Readmission Agreement between the European Union and the Republic of Serbia entered into force on 1 January 2008. Bilateral agreements and the Single Readmission Agreement prescribe conditions and instruments for the return of people whose legal grounds for stay have expired, and upon request of one of the contracting parties. In 2003 the Council of Europe estimated that 50,000–100,000 Serbian citizens would be returned from the West Europe countries. International organizations operating in Serbia and the civil sector believe the figure could be as high as 150,000 since according to data of the Government of the Republic of Germany, for instance, as much as 100,000 of the total of 600,000 citizens of Serbia residing in this country only have an illegal status. The Ministry of Internal Affairs of the Republic of Serbia estimates that so far 18,000 our citizens have been repatriated.

162. The Strategy for the Reintegration of Returnees under the Readmission Agreement was adopted in February 2009.

163. The Ministry of Human and Minority Rights has established a Readmission Office at the Nikola Tesla Airport in Belgrade. The Office deals with: the identification of deported persons and volunteer returnees and their information on the process of readmission to the Republic of Serbia, the identification of major problems that readmitted persons encounter, the provision of basic legal assistance and advice in the area of regulation of personal status, social welfare, health care and employment, the collection of data and reporting to the Ministry of Human and Minority Rights about the state of human and minority rights of readmitted persons, as well as the collection of other relevant data that are significant for the process of reintegration of returned persons. The Guidebook for Persons Returned under Readmission and the Handbook for the Representatives of Local Institutions Involved in the Integration of Persons Returned under Readmission have been issued in the Serbian, Roma, German, Dutch, and English languages.

164. Citizenship is a relation between a country and an individual in the domain of public law which involves a series of rights and obligations of a citizen. The right to citizenship is a right of citizens of the Republic of Serbia guaranteed by the Constitution, and it is acquired and terminated in the manner stipulated by the Law on Citizenship.^[34] Citizenship is a major prerequisite for the establishment, change or termination of many specific legal relations such as inheritance, electoral registries, trade of land and buildings, copyright, etc.

165. The basic way to acquire citizenship of the Republic of Serbia is to acquire the citizenship by descent (ius sanguinis). This is often combined with the system of acquiring the citizenship by birth on the territory of the Republic of Serbia (ius soli). Namely, the law prescribes that a child acquires the citizenship of the child’s parents at the moment of birth irrespective of the place of birth of the child. Only if both parents are unknown or of unknown citizenship or without citizenship does a child born or found on the territory of the Republic of Serbia acquire the citizenship of the Republic of Serbia by the child’s birth on the territory of the Republic. What is in practice ensured by combining these two systems is that every child whose one or both parents are citizens of the Republic of Serbia, i.e. every child born or found on the territory of the Republic whose both parents are unknown or of unknown citizenship or without citizenship, shall acquired the citizenship of the Republic of Serbia. Additional ways of acquiring the Yugoslav citizenship is by means of admission (naturalization) and acquisition of the citizenship under international agreements.

166. The issue of granting citizenship of the Republic of Serbia to foreigners is regulated by virtue of article 14 of the Law on Citizenship which stipulates that a foreigner who is granted permanent residence in the Republic of Serbia under regulations on the movement and stay of foreigners and who are released from a foreign citizenship, or who submits evidence that they will obtain the release if they are admitted to the citizenship of the Republic of Serbia, shall be admitted to the citizenship of the Republic of Serbia. By acquiring citizenship on grounds of marriage, without the release from the previous citizenship, a foreigner acquires the right to dual citizenship. In addition, article 18 regulates that an emigrant, their descendant, as well as the emigrant’s spouse can be admitted to the citizenship of the Republic of Serbia under less stringent conditions. The citizenship of the Republic of Serbia can be reacquired under less stringent conditions and without a release from a foreign citizenship by a person whose citizenship of the Republic of Serbia has terminated upon request of their parents, as well as by any other person to whom citizenship of the Republic of Serbia has terminated through release and who has acquired a foreign citizenship (art. 34 of the Law on Citizenship).

167. The citizenship of the Republic of Serbia may be acquired in accordance with international agreements as well. These agreements may stipulate dual citizenship under conditions of reciprocity. On 29 October 2002 an agreement was signed in Belgrade on dual citizenship between the then Federal Republic of Yugoslavia (FRY) and the Federation of Bosnia and Herzegovina. Negotiations between delegations of ministries of internal affairs of the Republic of Serbia and the Republic of Montenegro (which started on 1 October 2008) on the conclusion of the agreement on dual citizenship are expected to be ended soon. Although negotiations have so far indicated that approaches to the issue are different — Serbia proposes that dual citizenship should be granted to everyone who desires it without their having to renounce the existing citizenship, whereas the position of Montenegro is more restrictive — a consensus has been reached on the definition of categories of likely dual nationals. Therefore it is expected the Agreement will be signed shortly.

168. Having in mind the situation the FRY was in after the separation of the former SFRY republics and/or the situation a large number of the SFRY citizens found themselves in, it has been ensured that a rule on succession of citizenship be integrated into the legal system through transitory provisions of this Law that are mainly of a protective nature in terms of the rights of citizens. Pursuant to article 52 of the Law on Citizenship, a citizen of the SFRY is deemed a citizen of the Republic of Serbia if on the day the Law comes into effect the citizen possesses citizenship of another republic of the former SFRY and/or citizenship of another State formed on the territory of the former SFRY, and a residence on the territory of the Republic of Serbia registered for at least nine years, but they have to submit a written statement that they consider themselves a citizen of the Republic of Serbia, and a request for registration in the registry of citizens. By virtue of article 23 of the Law, the acquisition of citizenship of the Republic of Serbia is ensured for persons belonging to the Serbian people, other peoples, or an ethnic community on the territory of the Republic of Serbia whose residence is not on the territory of the Republic of Serbia, as well as refugees, persecuted or displaced persons staying in the territory of the Republic of Serbia or having fled abroad provided that they submit a request for the admission of citizenship of the Republic of Serbia and a written statement saying that they consider the Republic of Serbia their State.

169. At the session of the National Assembly of the Republic of Serbia held on September 24, 2007 the Law on Amendments to the Law on Citizenship of the Republic of Serbia was adopted for the purpose of effectuating international and legal subjectivity of the Republic of Serbia as a legal successor of the State Union of Serbia and Montenegro. This Law ensures that all members of the Serbian people, regardless of where they live, can acquire the citizenship of the Republic of Serbia without the release from a foreign citizenship; that the right can be exercised by members of other peoples or ethnical community from the territory of the Republic within two years as of the day this Law takes effect. The Law also ensures that the citizenship of the Republic of Serbia can be acquired by Montenegrin citizens under less stringent conditions and without the release from the Montenegrin citizenship, through which the position of Montenegrin citizens has been made equal to that of the citizens of other former SFRY republics within the process of acquisition and termination of the citizenship of the Republic of Serbia, etc.

170. Pursuant to article 62 of the Constitution of the Republic of Serbia, everyone has the right to decide freely on conclusion or dissolution of marriage; marriage is concluded on the basis of a free consent of man and woman given before the Sate body; conclusion, duration, and dissolution of marriage rest on equality between man and woman; marriage, and marital and family relations are regulated by the law; extramarital community is equal with marriage, in accordance with the law.

171. The legal nature, contents and major goals of marriage are regulated by means of the Family Law.^[35]The thing that makes marriage, as a sui generis contract of family law, different from other contracts is the fact that this contract, under the Law, may be concluded only by two persons of different sexes who intend to live together. Marriage is concluded by giving declarations of intention freely before a registrar. The right to marry is denied to: a person who is already married; a person who is incapable of sound judgment; a minor; persons who are related to each other; persons in a guardian-dependant relationship. Pursuant to article 30, paragraph 1 of the Family Law, marriage ceases by death of a spouse, annulment, and divorce.

172. National legislation does not recognize any legally verified situation whatsoever that enables any form of racial discrimination as to exercising the right to enter marriage and choose a spouse. Legally prescribed requirements for the conclusion of marriage have been closely observed in the previous practice of State bodies and/or registrars before whom a civil marriage is concluded; competent bodies in charge of monitoring the work of these services have not registered a single act of discrimination on racial grounds.^[36]

173. The general provisions on the prohibition of discrimination within article 2 of the Law on the Prohibition of Discrimination lay down as prohibited any unjustifiable differentiation or inequitable treatment of a marital and family status.

174. Article 58 of the Constitution of the Republic of Serbia guarantees peaceful tenure of property and other property rights acquired in accordance with the law. The right to property may be revoked or restricted only in the public interest established on the basis of the law and at compensation which cannot be lower than the market value of the property. The manner of using the property may be restricted by the law. The seizure or restriction of property for the purposes of collecting taxes and other levies or fines is permitted only if in accordance with the law.

175. Article 59 of the Constitution of the Republic of Serbia guarantees the right to inheritance, in accordance with the law. The right to inheritance cannot be denied or restricted on grounds of failure to fulfill public duties.

176. The Law on Inheritance^[37]regulates the issue of inheritance under the law and on the basis of a bequest (testament). Only a person who is alive at the time of death of the defunct is entitled to inheritance. A child conceived at the point of death of the defunct can be an heir if the child is born alive. Article 7 of the Law prescribes that foreign nationals in Serbia, under conditions of reciprocity, have the same inheritance status as nationals unless otherwise specified by an international agreement. The Law on Inheritance does not contain any discriminatory norms under which the right to inheritance would be denied to any person on grounds of their race, ethnicity, nationality, or religious affiliation.

177. The right to freedom of thought, conscience and religion is guaranteed by article 43 of the Constitution of the Republic of Serbia. Everyone has the right to stand by one’s belief or religion or change them by choice. No person has the obligation to declare their religious or other beliefs. Everyone has the freedom to manifest their religion or religious beliefs in worship, observance, practice and teaching, individually or in community with others, and to manifest their beliefs in private or in public. The freedom of manifesting religion or beliefs may be restricted by law only if this is necessary in a democratic society to protect the lives and health of people, morals of democratic society, freedoms and rights guaranteed by the Constitution, public safety and order, or to prevent the incitement of religious, national, and racial hatred.

178. The provisions of article 18 of the Anti-Discrimination Law stipulate that discrimination occurs if the principle of freedom of manifesting one’s religion or beliefs is breached and/or if a person or group is denied their right to adopt, maintain, express or change their religion or beliefs, or to express or behave in accordance with their beliefs in public or in private. Actions of priests or clergy members which are in line with the religious doctrine, beliefs or aims of churches or religious communities registered in the religious communities’ registry do not constitute discrimination, in conformity with a special law governing freedom of religion and the status of churches and religious communities.

179. Article 40 of the Law on Churches and Religious Communities^[38] foresees the right to religious instruction in State and private primary and secondary schools, and grants the right to traditional churches and religious communities to organize religious instruction in State schools: the Serbian Orthodox Church, the Islamic Community, the Roman Catholic Church, the Slovak Evangelical Church of the A.C. (Augsburg Confession), the Jewish Community, the Christian Reformed Church and the Christian Evangelical Church of the A.C.

180. Religious instruction was introduced in the first grades of primary and secondary education in the Republic of Serbia in the 2001/2002 school year and is organized irrespective of the total number of religious adherents in a particular community. Every school year, traditional churches and religious communities nominate teachers to schools, and the Ministry of Education provides the gross wage per lesson delivered. The Law on Churches and Religious Communities allows the establishment of institutions for education of priests, as well as the establishment of preschool institutions, primary schools, gymnasiums, secondary vocational and arts schools, faculties and universities. Accredited religious education institutions are eligible for budget funding in proportion to the share of adherents of the relevant church or religious community in the population of Serbia.

181. Persons belonging to national minorities in the Republic of Serbia attend to their religious needs in the following churches and religious communities:

182. Two Organizations of the Islamic Community are active in the Republic of Serbia, namely the Islamic Community in Serbia and the Islamic Community of Serbia.

183. Article 46, paragraph 1 of the Constitution of the Republic of Serbia guarantees the freedom of thought and expression, as well as the freedom to seek, receive and impart information and ideas through speech, writing, image or in some other manner. According to paragraph 2 of the same article of the Constitution, the guaranteed freedom of expression may be restricted by law if necessary to safeguard the rights and reputation of others, to uphold the authority and impartiality of the court and to protect public health, morals of a democratic society and national security. According to article 79 of the Constitution, persons belonging to national minorities have the right to full, timely and objective information in their respective languages, including the right to express, receive, send and exchange information and ideas.

184. The Law on the Protection of Rights and Freedoms of National Minorities regulates this issue in article 17 by stipulating that members of national minorities have the right to full and impartial information in their respective languages, including the right to express, receive, impart and exchange information and ideas by means of press and other public media, that the State is to provide informational, cultural and educational contents in national minorities’ languages as part of public broadcasting service programmes, and/or that it may establish special radio and television stations to broadcast programmes in national minorities’ languages.

185. Article 5, paragraph 1 of the Law on Public Information foresees that, in the interest of the right of national minorities and ethnic communities to information in their respective languages and fostering of their cultures and identities, the Republic, autonomous province or local government shall provide a proportion of funding or other prerequisites for the operation of media in the languages of national minorities and ethnic communities.

186. All areas in Serbia populated by national minorities may receive broadcast programmes from the neighboring countries. In addition, information and ideas are received and imparted by means of rebroadcasting radio and television programmes. Freedom to rebroadcast and directly receive radio and television programmes is in conformity with the obligations and rules under the European Convention on Cross-border Television and the Television without Frontiers Directive.

187. Eleven print media founded by national councils of national minorities (except for the magazine in the Albanian language) regularly receive 20–100 per cent of required funding from the national budget. These media are Perspektiva (in the Albanian language), Bošnjačka riječ (in the Bosniak/Bosnian language), Bratstvo (in the Bulgarian language), Magyar Szó (in the Hungarian language), Them and Romano Nevipe (in the Romani language), Libertatea (in the Romanian language), Ruske slovo (in the Ruthenian language), Hlas L’udu (in the Slovak language), Ridne slovo (in the Ukrainian language) and Hrvatska riječ (in the Croat language). These print media are issued on a weekly, fortnightly or monthly basis (except for the publication in the Hungarian language, which is a daily paper). Budget funding is also awarded to the following religious publications: Glas islama (the Islamic community in Serbia), Blagovesti (the Belgrade Archbishopric), Bilten (the Islamic Community of Serbia), Bilten (the Union of Jewish Municipalities of Serbia), Evangelisticki glasnik (the Slovak Evangelical Church of the A.C. in Serbia), Reformatus elet (the Christian Reformed Church), Alapke (the Evangelical Church of Serbia – Vojvodina) and Stražerul (the Dacia Felix Eparchy of the Romanian Orthodox Church).^[39]

188. Article 54 of the Constitution of the Republic of Serbia guarantees that citizens may assemble freely. Assembly held indoors is not subject to permission or registration, while gatherings, demonstrations and other forms of assembly held outdoors must be reported to the competent authority, in accordance with the law. This freedom may be restricted in conformity with the law only if necessary to protect public health, morals, the rights of others or the security of the Republic of Serbia. Peaceful assembly of citizens is regulated in more detail by the Law on Citizen Assembly^[40] as of 1992. The provisions of this Law pertaining to assembly held indoors do not comply with the Constitution of the Republic of Serbia, for which reason amendments to this Law are being prepared.

189. The provisions of article 5, paragraphs 1 and 2 of the Constitution of the Republic of Serbia guarantee and recognize the role of political parties in the democratic shaping of the citizens’ political will and provide for free establishment of political parties. The provision of article 55, paragraph 1 of the Constitution guarantees the freedom of forming political associations, trade unions and any other form of association.

190. In view of the fact that the existing laws governing the exercise of constitutionally guaranteed freedom of association were not compliant with the provisions of the Constitution, the National Assembly passed the Law on Political Parties on 12 May 2009, which represents the first step in the comprehensive reform of the political and electoral systems. The Law entered into force on 23 May 2009 and its implementation will commence 60 days from the day of entry into force – on 23 July 2009. The Ministry of Public Administration and Local Self-Government prepared the Draft Law on Associations, which the Government adopted on 28 May 2009 and subsequently introduced before the National Assembly. The Draft Law on Associations introduces European standards in this field, complies with the provisions of the Constitution and of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and is expected to contribute to the development and strengthening of the non-governmental sector in general.

191. Until the implementation of the Law on Political Parties commences, the Ministry of Public Administration and Local Self-Government will keep the Registry of Political Organizations in conformity with the Law on Political Organizations, as well as the Registry of Associations, Social Organizations and Political Organizations in conformity with the Law on the Entry of Citizens into Associations, Social Organizations and Political Organizations Established for the Territory of SFRY (hereinafter: the federal law). A total of 642 political Organizations are registered in the Registry of Political Organizations and the Registry of Associations, Social Organizations and Political Organizations, 582 of which are active, whereas — according to the data from April 2008 — over 30,000 associations and social Organizations are registered in the Republic of Serbia, of which over 14,958 citizen associations are registered in the Registry of Associations, Social Organizations and Political Organizations established pursuant to the federal law.

192. Under article 80 of the Constitution of the Republic of Serbia, members of national minorities may establish educational and cultural associations funded on a voluntary basis. It goes without saying that members of minorities may establish political Organizations as well. The Constitution foresees that the Republic of Serbia recognizes a special role of national minority associations in the exercise of rights on the part of members of national minorities.

193. As regards national minorities’ political parties, it should be noted that over 90 national minorities’ political parties are registered with the Ministry of Public Administration and Local Self-Government, as follows: 32 Roma parties, 16 Muslim and Bosniak, ten Vlach, eight Albanian, six Croat, five Hungarian, three Bulgarian, Romanian, Bunjevac, two Montenegrin, Macedonian, one Turkish and other parties. As regards citizens’ associations, there are over 650 Roma citizens’ associations and social organizations alone.

194. Citizens may form associations and assemble freely in order to manifest their religious beliefs and join churches and religious communities, which are independent from the State, equal before the law and free and autonomous in the determination of their religious identity.

195. Article 60 of the Constitution of the Republic of Serbia guarantees the right to work, in conformity with the law. The same article stipulates that everyone has the right to choose occupation freely and that all jobs are available to everyone on equal terms. Further, it stipulates that everyone has the right to the respect of their personal dignity at work, safe and healthy working conditions, necessary protection at work and fair remuneration for the work done.

196. The provision of article 16 of the Anti-Discrimination Law prohibits discrimination in the field of labour and/or infringement of equal opportunities for employment or enjoyment, on equal terms, of all rights in the field of labour, such as: the right to work, free choice of occupation, career promotion, professional development and vocational rehabilitation, equal pay for the work of equal value, fair and satisfactory working conditions, annual leave, education and entry into trade unions, as well as unemployment protection. In terms of this Law, unjustified distinction, unequal treatment or omission based on personal characteristics, inter alia race, constitutes discrimination, and the individual who has suffered discrimination has the right to file an appeal with the Commissioner for the Protection of Equality, or a lawsuit before the competent court. In addition, in cases of violations of the provisions of this Law, it foresees liability for an infraction, and fines range from RSD 10,000 to 100,000. Section VIII – Penalty Provisions, Article 51, foresees that a legal entity, sole trader, authorized person in a legal entity and a natural person are to be fined if they infringe an individual’s equal opportunities for employment or enjoyment of all labour rights on equal terms on the basis of a personal characteristic.

197. In the field of labour legislation, employees are equal in terms of recruitment requirements, pay, working conditions and other rights and obligations. The Labor Law contains special anti-discrimination provisions (arts. 18–23), which stipulate that job-seekers and employees may not be treated less favorably than others, regardless of race or other personal characteristic. Discrimination is prohibited in recruitment requirements and the selection of job candidates; working conditions and all labour rights; education, vocational training and professional development; career progress; termination of employment contract. Under article 23 of the Labor Law, a job-seeker and employee may claim damages before the competent court in cases of discrimination under the provisions of articles 18–21 of this Law.

198. According to the data from the National Strategy for Improving the Position of Women and Promoting Gender Equality, the problem of employment of women over 45 years of age is especially pronounced, followed by that of housewives, women farmers, young women and women belonging to multiply discriminated groups. As regards the female population, there is a considerable difference in the unemployment of women belonging to multiply discriminated or marginalized groups (e.g. the unemployment rate of women refugees is 15 per cent per cent higher than the average women’s unemployment rate, that of women IDPs – by 32 per cent, and of Roma women – by 39 per cent).

199. Article 55 of the Constitution of the Republic of Serbia, guarantees the freedom of forming trade unions or any other associations and the right to remain out of associations. Associations are established without any prior approval and entered in the registry kept by the competent public authority, in conformity with the law.

200. Under the provision of article 25, paragraph 1, of the Anti-Discrimination Law, it is prohibited to discriminate against an individual or group of individuals on the grounds of political convictions or membership or non-membership in a political party or trade union. Under the provision of article 25, paragraph 2 of the Law, restrictions pertaining to incumbents of certain public offices and restrictions necessary to prevent the promotion and performance of fascist, Nazi and racist activities, prescribed by law, do not constitute discrimination.

201. Freedom of forming trade unions and union activity is also provided for in the Labor Law. In terms of this Law, a trade union is an autonomous, democratic and independent organization of employees, formed on a voluntary basis, in order to advocate, represent, promote and safeguard their professional, labour-related, economic, social, cultural and other individual and collective interests. Upon a proposal by the Government, State Prosecutor or authority competent for registration, supported by relevant evidence, the Constitutional Court decides on the prohibition of a trade union’s operation. The Constitutional Court may prohibit only an association whose activity is aimed at violent overthrow of constitutional order, violation of guaranteed human or minority rights, or incitement of racial, national or religious hatred.

202. Under the provisions of article 40 of the Constitution of the Republic of Serbia, a person’s home is inviolable. Without a written court decision, no one may enter a person’s home or other premises against the will of the resident or conduct a search therein. The resident of a home or other premises has the right to be present during the search in person or through their legal representative, together with two other witnesses of legal age. In the absence of the resident or their legal representative, a search is allowed in the presence of two witnesses of legal age. Without a court decision, entering a person’s home or other premises and, in exceptional circumstances, even conducting a search without the presence of witnesses are allowed if this is necessary in order to apprehend a perpetrator of a crime or to remove an imminent serious threat to people and assets, in the manner prescribed by law.

203. Article 2 of the Law on Housing^[41] stipulates that the State is to undertake measures aimed at ensuring favorable conditions for housing construction and provide prerequisites for meeting the housing needs of socially disadvantaged people, in conformity with the law. Under the provision of article 5, paragraph 1, blocks of flats and flats are used on the grounds of ownership of the flat and on the grounds of lease.

204. A considerable number of regulations govern a range of issues, including lease agreements, usage and maintenance of blocks of flats, spatial planning and construction and the like. None of these regulations contain any provisions that would put specific categories of people at a disadvantage with respect to their national, ethnic or other affiliation or characteristic. Problems arising in the field of housing are, for the most part, consequences of economic underdevelopment, lack of means and development funds. In this respect, particularly vulnerable groups are refugees, IDPs and the Roma.

205. Under the provision of article 27, paragraph 1, of the Anti-Discrimination Law, it is prohibited to discriminate against an individual or group of individuals with respect to their or their family members’ health status. The provision of paragraph 2 of the same article stipulates that discrimination referred to in paragraph 1 is present, in particular, if, on the grounds of their personal characteristics, an individual or a group of individuals is unjustifiably denied health services, imposed special conditions for the provision of health services without medical justification, denied a diagnosis and information on their current health status and administered or intended treatment or rehabilitation, or exposed to harassment, insults or degrading treatment during their stay in a health-care institution.

206. As part of the Serbian health-care system reform, commenced in 2002, numerous laws and bylaws have been passed; the most important among these are the system laws, namely the Law on Health Care, Law on Health Insurance and Law on Health Professionals’ Chambers, which entered into force in December 2005.

207. The Law on Health Care defines the human rights and values in health care in such a way as to ensure every citizen’s right to health care to the highest possible standard of human rights and values, i.e. every citizen has the right to physical and mental integrity and security of their person, as well as to consideration for their moral, cultural, religious and philosophical beliefs. The Law introduces the Patients’ Rights Advocate, whose services must be ensured by every health-care institution. The Law also provides for grievance procedure for a patient who has been denied the right to health care, or who is dissatisfied with the health care service provided or with the conduct of a health professional or other employee of a health-care institution. The Patients’ Rights Advocate is autonomous in their work, and their actions and decisions may not be influenced either by the head of the health institution or by its other employees.

208. In line with article 22 of the Law on Health Insurance,^[42] health insurance is provided to individuals belonging to population groups exposed to an increased risk of disease; individuals who require health care in the interest of prevention, combating, early detection and treatment of diseases of major social and medical significance; as well as individuals belonging to socially disadvantaged groups, provided that they do not fulfill the requirements to be covered by insurance referred to in article 17 of the Law, or they do not exercise the mandatory health insurance rights as an insured person’s family members. This category of insured persons also includes Roma individuals who, owing to their traditional way of life, do not have permanent or temporary residence in the Republic of Serbia. The funds for mandatory health insurance contributions and/or provision of health care to these individuals are provided in the Budget of the Republic of Serbia. In this manner, Roma people achieve the status of persons covered by mandatory insurance and thus exercise the right to health care to the same extent as other insured persons in the Republic of Serbia.

209. The Law on Social Welfare and Social Security of Citizens^[43] defines social welfare as an organized social activity aiming to provide assistance to citizens and their families when in social need and to undertake measures to prevent and remedy such situations. Social need is considered to be the situation in which a citizen or family needs social assistance in order to overcome social and life’s difficulties and provide prerequisites for attending to the basic needs, if such needs cannot be met in any other way, in accordance with the principles of humanity and respect of human dignity (art. 2).

210. Under the provisions of article 5 of the same Law, social welfare institutions are established for the purposes of ensuring the exercise of rights governed by this Law. The affairs of job training, vocational training and employment of disabled persons under special conditions, whereby the right to assistance in job training is ensured, are discharged by enterprises for job and vocational training of disabled persons and other enterprises and institutions, in conformity with the law. Social welfare affairs may also be discharged by citizens and other institutions and enterprises, in conformity with the law.

211. The right to education is regulated by the Constitution of the Republic of Serbia, article 71, under which everyone has the right to education; primary education is compulsory and free of charge, while secondary education is free of charge; all citizens have access to higher education on equal terms, and the Republic of Serbia provides for free higher education of successful and talented students without means, in conformity with the law; the establishment of schools and universities is regulated by the law.

212. Under the provision of article 19, paragraph 1, of the Anti-Discrimination Law, everyone has the right to preschool, primary, secondary and higher education and vocational training on equal terms, in conformity with the law. The provision of paragraph 2 of the same article prohibits hindering or preventing an individual or group of individuals, on the grounds of a personal characteristic, from enrolling in an educational institution or excluding them from such institutions, hindering or preventing them from attending classes and participating in other educational activities; it is prohibited to classify students based on a personal characteristics, ill-treat them or make other unjustifiable distinction and treat them unequally.

213. Under the provision of article 4 of the Law on the Foundations of the Education System, everyone has the right to education, and citizens are equal in the exercise of this right irrespective of sex, race, national or religious affiliation or language, age, physical and mental disposition, social and cultural background, wealth, political affiliation or other personal characteristic. Primary education is compulsory and free of charge, and persons with developmental impairments, adults and persons with special abilities are guaranteed the right to education with consideration for their specific educational needs.

214. Under the provision of article 7 of the Law on the Foundations of the Education System, educational work with members of national minorities is carried out in their respective mother tongues, and may be carried out in the Serbian language in exceptional cases. Educational work with persons using sign language is carried out in and by means of sign language. Article 5 of the Law on Primary School^[44] prescribes that, for members of national minorities, the curriculum is also delivered in their respective mother tongues, or bilingually, if at least 15 pupils apply for enrolment in the first grade. A school may also deliver the curriculum in the language of a national minority, or bilingually, to fewer than 15 pupils subject to approval of the minister of education. When the curriculum is delivered in the Serbian language, the syllabus of their respective mother tongues with elements of the national culture is delivered for pupils belonging to national minorities. The Law on Secondary School^[45] and the Law on Higher Education^[46] contain similar provisions.

215. The right to education includes the observance of principles such as: accessibility, education on equal terms, high quality education, education taking diversity into consideration, education in the mother tongue (art. 2 of the Law on the Foundations of the Education System). Furthermore, regulations emphasize that activities which imperil or degrade groups and individuals on the grounds of their race, nationality, language, religion, sex or political affiliation are prohibited at school. Physical punishment and insulting of students are also prohibited at school.

216. Vocational training is realized through two channels – the formal and non-formal education systems. When it is realized through the formal education system, it is carried out in secondary schools, in line with vocational training programmes lasting up to one year. The school issues a certificate of successful passage of examination, or of successful completion of vocational training programme. The public document is issued in the Serbian language, in the Cyrillic script, in the Latin script in conformity with the law, and also in the national minority language when teaching is carried out in that language (art. 100 of the Law on Secondary School).

217. In the field of vocational education, a significant place and role has also been given to adult education. The Ministry of Education has drawn up the Adult Education Strategy (2006), which constituted the basis for adoption of the Action Plan by the Government of Serbia in March 2009. These documents should contribute to the creation of the learning culture, knowledge-based economy and promotion of the capacities and achievements of adult persons, as well as respond to labour market needs through the implementation of various vocational education programmes and training programmes, ensure competition in the labour market, etc. Vocational training is not a privilege of individuals, but rather a possibility offered by the Government of Serbia to its citizens in terms of training for certain types of occupations, after the completion of the compulsory primary education, or re-training and additional training of workers in the occupations demanded by the labour market. Vocational training is available to all interested persons.

218. Article 13, paragraph 1 of the Law on the Protection of Rights and Freedoms of National Minorities stipulates that members of national minorities have the right to education in their respective languages in the institutions of preschool, primary and secondary education. Article 13, paragraph 2 thereof is particularly significant with respect to the right of the members of national minorities to study their respective mother tongues and to receive tuition in their respective mother tongues, as it stipulates the obligation of the State to provide prerequisites for organization of education in the languages of national minorities, or to provide bilingual tuition or national minorities’ language syllabi with elements of the national history and culture for the members of national minorities until the prerequisites for education entirely in their respective mother tongues are provided. Under the provision of article 13, paragraph 3 of the Law on the Protection of Rights and Freedoms of National Minorities, the tuition in the languages of national minorities may also be organized even if the number of pupils is lower than the number required for organization of regular tuition in the language of the majority population.

219. The data on tuition in the languages of national minorities in the school year 2006/2007 are as follows:

220. In the territory of the Autonomous Province of Vojvodina, where most national minorities live, preschool education is provided by 44 preschool institutions in 43 municipalities and the City of Novi Sad. The compulsory preparatory preschool education programme for the children during their last preschool year is practiced in the Serbian, Hungarian, Slovak, Romanian, Ruthenian and Croat languages. The preparatory preschool education programme is also delivered bilingually in the ethnically diverse communities (Serbian-Hungarian, Serbian-Slovak, Serbian-Romanian, Serbian-Croat). The work with the children with special needs during their last preschool year is also organized in the Serbian, Hungarian, Romanian, Ruthenian and Croat languages.

221. Primary education in AP Vojvodina is provided in 344 regular primary schools located in 45 municipalities, in the Serbian, Hungarian, Slovak, Romanian, Ruthenian and Croat languages. In addition, primary education is also available in 13 primary schools for education of children with developmental impairments and in special classes in 58 primary schools in the Serbian, Hungarian and Slovak languages, in three schools for elementary adult education, in four primary schools in the Serbian and Hungarian languages, in 21 primary music schools in the Serbian and Hungarian languages and in two ballet schools in the Serbian language.

222. Depending on the structure of the population, the tuition in primary schools is delivered in Serbian or in one of the officially used national minority languages, in two or three languages. The pupils belonging to national minorities who attend classes in the Serbian language are provided with the possibility to study their mother tongue with elements of the national culture, namely: the Slovak, Romanian, Ruthenian, Romani, Croat, Ukrainian, Hungarian, Macedonian and Bulgarian languages with elements of the national cultures and the Bunjevac vernacular with elements of the national culture.

223. Secondary education in the territory of AP Vojvodina is provided in 39 municipalities with 127 secondary schools: 120 regular (gymnasiums, vocational secondary schools, mixed-profile and art schools) and ten secondary schools for children with developmental impairments. Educational work is practiced in the Serbian, Hungarian, Slovak, Romanian and Ruthenian languages.

224. The pupils who have completed their primary school education in one of the languages of the national minorities are free to choose to continue their education in their mother tongue, or in the Serbian language; however, they must take the entrance examinations in their mother tongue. In the secondary schools, the pupils who do not attend classes in their mother tongue are also offered the possibility of studying their mother tongue with elements of the national culture.

225. Higher education in the territory of AP Vojvodina is provided at nine colleges of vocational studies in the Serbian language, at three colleges in Serbian and Hungarian and at one college in Serbian and Romanian. Higher education is also provided at 14 faculties of the Novi Sad University. At eight faculties, tuition is delivered in the Serbian language, three faculties have classes in Serbian and Hungarian, one faculty has classes in Serbian, Hungarian and Slovak and one faculty in the Serbian, Hungarian, Romanian, Ruthenian and Slovak languages.

226. The students who have completed their secondary education in their mother tongue are allowed to take the faculty entrance examination in their mother tongue, regardless of the language in which they choose to continue their education.

227. Under the provisions of article 73 of the Constitution of the Republic of Serbia, scientific and artistic creativity is unrestricted; the authors of scientific and artistic works are guaranteed moral and material rights in accordance with the law; the Republic of Serbia assists and promotes the development of science and culture. The provision of article 79, paragraph 1 of the Constitution stipulates the right of the national minorities to express, preserve, foster, develop and publically demonstrate their cultural specificities. Article 75, paragraph 3 of the Constitution prescribes that persons belonging to national minorities may elect their national councils in order to exercise the right to self-governance in the field of culture, in accordance with the law.

228. The promotion of the conditions required for persons belonging to national minorities to maintain and develop the culture and preserve their national identity is more specifically regulated in the Law on the Protection of Rights and Freedoms of National Minorities. Article 12, paragraph 1 thereof explicitly states that expression, preservation, fostering, promotion, continuation and public demonstration of the national and ethnic, cultural, religious and linguistic specificities as a part of the tradition of the citizens, national minorities and their members, is their inalienable individual and collective right. In paragraph 2 of the same article, it is specified that, for the purpose of protection and promotion of their national and ethnic specificity, persons belonging to national minorities have the right to establish specific cultural, artistic and scientific institutions, societies and associations in all spheres of cultural and artistic life. Under the provision of paragraph 3 thereof, it is stipulated that these institutions, societies and associations are autonomous in their work, whilst the State is to participate in providing the funds for their operation according to its financial capabilities. Separate foundations may be established for the purpose of promoting and supporting those institutions, associations and societies. Article 12, paragraph 5 of the Law specifies that the museums, archives and the institutions for the preservation of cultural monuments established by the State are to ensure the presentation and protection of the cultural and historical heritage of national minorities in its territory, as well as that the representatives of national councils are to participate in decision-making with respect to the way of presenting the cultural and historical heritage of their community.

229. The Law on Activities of the Public Interest in the Field of Culture^[47] specifies that the programmes in the field of national minority culture and ensuring the protection of national minority cultural heritage are general interests in the field of culture (art. 2, item 20). For the illustration purposes, we should also mention here the provision under article 10, item 2 of the Law on Librarianship,^[48] which stipulates that general interest in this field lies in the preparation of the current retrospective and other bibliography of the Serbian people and national minorities living in the Republic of Serbia. The general interest in the field of culture is defined in the Law on Activities of the Public Interest in the Field of Culture. Article 2 of the said Law specifies that general interest in this field lies, inter alia, in the protection of the musical and folklore heritage contributing to the preservation of the cultural identity of the Serbian people, the programmes in the field of culture of other peoples and national minorities and ensuring the protection of their cultural heritage, as well as special programmes related to the publishing activities intended for the visually-impaired persons (paras. 19, 20 and 21). The funds for implementing the activities of public interest in the field of culture are provided from the Budget of the Republic of Serbia (art. 3).

230. The right of participation in the cultural activities on equal terms is ensured to the members of national minorities primarily through the use of their respective languages and by fostering their cultural specificity through different forms of activities in the field of culture, as well as through the activities of cultural centres and houses of culture. Here we will mention some of the cultural institutions and the cultural activities of the members of national minorities which are entirely or partially funded by bodies of the national, provincial or local authorities:

231. Under the provision of article 17, paragraph 2 of the Anti-Discrimination Law, everyone shall have the right to equal access to public buildings (buildings occupied by the bodies of public authorities, institutions of education, health, social protection, culture, sports, tourism, buildings used for the purpose of environmental protection, protection against natural disasters, etc.) as well as to public spaces (parks, squares, streets, zebra crossings and other traffic infrastructure, etc) in accordance with the law.

232. The passage of the Law on the Prevention of Discrimination of Persons with Disabilities in 2006 was a significant contribution to achievement of the principles of non-discrimination and equality of all citizens of the Republic of Serbia. This Law regulates the general regime of prohibition of discrimination on account of disability, special cases of discrimination of disabled persons, the procedure of protection of the persons exposed to discrimination and the measures to promote equality and inclusion of disabled persons (art. 1), as well as the penalties for some of the unlawful acts of discrimination.

233. Under the provisions of article 13 of the Law on the Prevention of Discrimination of Persons with Disabilities, discrimination on account of disability is prohibited regarding the availability of services and access to public buildings (buildings occupied by institutions of education, health, social protection, culture, sports, tourism or buildings used for the purpose of environmental protection, protection against natural disasters, etc.) and public spaces. Under the provisions of article 27 thereof, discrimination is prohibited on account of disability in all types of transportation, i.e. it is prohibited to refuse to provide transportation services to a disabled person; it is prohibited for crew members aboard the means of transportation to deny physical assistance to disabled passengers and to impose less favorable conditions of transport for disabled passengers.

234. According to estimates by the World Health Organization, roughly 800,000 persons with disabilities live in the Republic of Serbia. More than 70 per cent of persons with disabilities are poverty stricken, with as much as half of their income coming from various social policy measures – disability benefits, increased carer’s allowance, carer’s allowance etc. The Department for the Protection of Persons with Disabilities within the Ministry of Labor and Social Policy has developed partnerships with more than 500 non-governmental organizations of persons with disabilities, providing them with financial and professional assistance by funding the monthly programmatic activities, as well as by supporting project activities through the annual competitions for projects aiming to improve the position of persons with disabilities.

235. Article 22 of the Constitution of the Republic of Serbia stipulates that everyone has the right to judicial protection when any of their human or minority rights guaranteed by the Constitution have been violated or denied; they also have the right to remedying of the consequences arising from the violation. The citizens have the right to address international institutions in order to protect their freedoms and rights guaranteed by the Constitution. According to article 35, paragraph 2 of the Constitution of the Republic of Serbia, everyone has the right to the compensation of material or non-material damage inflicted on them by unlawful or irregular work of a State body, entities exercising public powers, bodies of the autonomous province or local government. Article 36 of the Constitution guarantees equal protection of rights before courts and other State bodies, entities exercising public powers and bodies of the autonomous province or local government. Everyone has the right to appeal or other legal remedy against any decision related to his/her rights, obligations or lawful interests.

236. Article 170 of the Constitution provides for constitutional appeal. A constitutional appeal may be lodged against individual documents or actions performed by the State bodies or Organizations exercising public powers vested in them, which violate or deny human or minority rights and freedoms guaranteed by the Constitution, if other legal remedies for their protection have already been exhausted or not envisaged.

237. Articles 82–83 of The Law on the Constitutional Court regulate constitutional appeal procedure. Pursuant to article 84 of the Law, constitutional appeal may be lodged within 30 days from the day of submission of the individual document, i.e. from the day of performance of the action violating or denying human or minority rights and freedoms guaranteed by the Constitution. In the event that an individual fails to lodge a constitutional appeal in a timely manner owing to justifiable reasons, the Constitutional Court will grant restitutio in integrum to that person, on condition that the person files a request for restitutio in integrum and, at the same time, lodges a constitutional appeal, within 15 days from the day of cessation of the reasons causing the failure to observe the time limit. Restitutio in integrum may not be requested after the expiry of the period of three months from the day of failure to observe the set time limit. In accordance with article 89, paragraph 1, a constitutional appeal is granted or dismissed as unfounded, pursuant to the decision issued by the Constitutional Court.

238. Chapter fourteen, articles 128–153, of the Criminal Code refers to criminal offences against the rights and freedoms of the man and citizen. This chapter covers, inter alia, the following criminal offences: violation of equality; violation of the right to use a language and script; violation of the freedom to express one’s national or ethnical affiliation; violation of the freedom to practice religion and perform religious services; unlawful deprivation of liberty; violation of the freedom of movement and residence; abduction, coercion; extortion of confession; torture and harassment; violation of safety; infringement of inviolability of home; unlawful search; violation of the right to legal remedy; violation of the freedom of speech and public expression.

239. In the chapter thirty three of the Criminal Code, under the title Offences Against Official Duty, the following criminal offences are listed: abuse of power (art. 359), violation of law by a judge, public prosecutor or his/her deputy (art. 360), dereliction of duty (art. 361), unlawful collection and disbursement (art. 362), fraud (art. 363), embezzlement (art. 364), unauthorized use (art. 365), illegal dealings (art. 366), accepting bribes (art. 367), bribery (art. 368) and revealing official secret (art. 369).

240. The Law on Administrative Disputes^[49] is particularly significant for the protection of human and minority rights. Pursuant to article 1 of this Law, in administrative disputes, courts decide on the legality of documents whereby State bodies and enterprises or other organizations vested with public powers decide on the rights and duties of natural persons, legal entities or other parties to individual administrative disputes. An administrative dispute may only be instituted in case of final administrative acts. Natural persons or legal entities that deem that their rights or lawful interests have been violated by an administrative act have the right to institute an administrative dispute; any State body, organization, a part of an enterprise empowered to perform legal transactions, a community etc. or a group of individuals, although they do not have the capacity of a legal entity, may institute an administrative dispute if they have the capacity to be the holders of the rights and responsibilities which have been the subject of administrative proceedings; this possibility is also available to other entities authorized by the Law (art. 2). A trade union may be the plaintiff in an administrative dispute if deemed that the rights or lawful interests of a member of that organization have been violated by an administrative act (art. 13). Pursuant to article 11 of the Law on Administrative Disputes, recovery of seized assets may be requested, as well as compensation for the damages caused to the plaintiff by the enforcement of the contested document.

241. A party to an administrative dispute may request regular and special legal remedies against a court decision. Appeal is a regular legal remedy which may be lodged, in the situations envisaged by law, against a court decision which is not final (art. 18, para. 1). In the case of final court decision, a party may request a special legal remedy – that the decision be reviewed (art. 18, para. 2) or the proceedings repeated (art. 51). Request for the protection of legality is a special legal remedy at the sole disposal of the public prosecutor (art. 20).

242. Article 23, paragraph 1 of the Law on the Protection of Rights and Freedoms of National Minorities foresees that in order to protect their rights, persons belonging to national minorities, the national councils of national minorities and their representatives, may file an appeal with the competent court for the compensation of the caused damages.

243. In the Republic of Serbia, there are ombudsmen at the level of the Republic, Autonomous Province of Vojvodina and at the local level. The Law on the Ombudsman^[50] introduced the concept of ombudsman into the legal system of the Republic of Serbia. The Republic of Serbia opted for the concept of a general national, parliamentary ombudsman. Pursuant to article 6, paragraphs 1 and 2 of the Law, the ombudsman has four deputies assisting him/her in the exercise of duties stipulated by the Law. When delegating powers to the deputies, the ombudsman is to take special care to ensure that specialization is provided for fulfilling tasks falling under the ombudsman’s field of competence, in particular those tasks pertaining to the protection of the persons deprived of their liberty, gender equality, the rights of the child, the rights of national minorities and the rights of persons with disabilities. The ombudsman was elected at the National Assembly session held on 29 June 2009; he assumed office on 23 July 2007.

244. According to article 81 of the Constitution of the Republic of Serbia, in the field of education, culture and information, Serbia gives impetus to the spirit of tolerance and intercultural dialogue and undertakes efficient measures for the promotion of mutual respect, understanding and cooperation among all people living on its territory, regardless of their ethnic, cultural, linguistic or religious identity.

245. Fostering the spirit of tolerance and intercultural dialogue has been the subject of many joint projects of the State bodies, NGOs and international institutions. Round-table discussions, conferences, seminars on tolerance and multiethnic sports events in multinational environments have been organized. (Examples of such events are given in the following paragraphs.)

246. The Regional Conference “Tolerance and Understanding Above All”, co-hosted by the Ministry of Human and Minority Rights, OSCE Mission and the Centre for Regionalism in Novi Sad, was held in Belgrade in 2004, as the closing event of a campaign aimed at the creation of a new tripartite network of cooperation in the region of South-East Europe, based on the Agreement on Interethnic Tolerance and Cooperation. The Conference resulted in the signing of the Agreement by more than 50 cities and non-governmental organizations from Serbia and Montenegro, Croatia, Macedonia, Bosnia and Herzegovina, Albania, Bulgaria, Romania and Hungary and expressing support to the establishment of the Association of Multiethnic Cities of South-East Europe through which provisions of the abovementioned Agreement would be implemented. By signing the Agreement, the delegations of local governments committed to respecting the principles and goals such as countering hate speech, xenophobia, prejudice, exclusion and all forms of ethnic and religious intolerance. One of the goals of the Agreement is setting a social framework for the work of local government bodies, local and public institutions, NGOs and the citizens of multiethnic cities of South-East Europe in the social, cultural and educational spheres, aiming at the development of liberal democracy, ethnic and religious tolerance and the protection of human rights.

247. Towards the end of 2005 and in the beginning of 2006, the Ministry of Human and Minority Rights implemented the project Strengthening Trust in Preševo, Bujanovac and Medvedja: ABCs of Tolerance and Vojvodina Case Study, aimed at the improvement of inter-ethnic relations in those municipalities. Thirty young leaders involved in the project participated in a study tour to Vojvodina with the aim of becoming acquainted with other multinational environments and learning the models of successful living in multiethnic environments. Along with that, about 180 secondary school students and their teachers from six schools in Bujanovac, Preševo and Medvedja, also involved in the project, learned the main concepts of tolerance in an optional course ABCs of Tolerance.

248. The Law on the Protection of Rights and Freedoms of National Minorities envisages that curricula in educational institutions and schools with tuition in the Serbian language should comprise contents related to the history, culture and status of the national minorities, as well as other contents promoting mutual tolerance and coexistence. With a view to promoting tolerance towards the national minorities, article 13, paragraph 7 of the Law stipulates that curricula in educational institutions and schools with tuition in Serbian language, in the territories where a language of a national minority is in official use, should be developed in such a way as to offer the possibility of studying the language of the concerned national minority; this possibility is transformed into practice. The table below provides an overview of the number of primary school students (school year 2006/2007) who studied a national minority language which is not their mother tongue.

249. According to the Law on the Foundations of the Education System, one of the objectives of education is the development of curiosity and openness of children and students towards the cultures of traditional churches and religious communities, development of ethnic and religious tolerance, strengthening of mutual trust among children ad students, as well as the prevention of conduct infringing the exercise of the right to difference and diversity (art. 3, item 11). Faculties of philology and philosophy within various universities in the Republic of Serbia offer the possibility of studying the language and literature of each national minority in the Republic of Serbia.

250. In order to prevent discrimination among children and youth and to promote the spirit of tolerance, understanding and acceptance of differences among them, the Ministry of Education of the Republic of Serbia has undertaken the following activities: the main objectives of education have been defined as indicators of what the State expects from education; a new subject — civics — has been introduced and the implementation of a programme for vocational development of teachers is ongoing; the development of a programme on Holocaust and training of teachers for the realization of the programme are ongoing; the development of new syllabi for history, mother tongue and other subjects, which promote the spirit of respecting human rights, is ongoing as well.

251. Training in human rights is provided in the judicial sphere as well. As part of its regular annual programme, the Judicial Training Centre covers the topics related to the institutional protection of human rights, as well as the standards envisaged by the United Nations and the Council of Europe conventions. In 2005, seminars on combating discrimination were organized for the judges in municipal and district courts, as well as for municipal and district prosecutors. Seminars were held on the following topics: the United Nations Convention on the Elimination of all Forms of Discrimination, Standards and Practice of the Committee; Standards of the European Court of Human Rights, article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocol 12 to the Convention. In 2006, twelve seminars were organized for judges and prosecutors, with the following topics: Standards of the European Court of Human Rights, article 14 of the European Convention on Human Rights and Protocol 12 to the Convention. In 2007, the following seminars dedicated to combating discrimination were held: The United Nations Convention on the Elimination of All Forms of Discrimination, Standards and Practice of the Committee (four seminars); Standards of the European Court of Human Rights, article 14 of the European Convention on Human Rights and Protocol 12 to the Convention (five seminars); Gender Equality and Prohibition of Discrimination (four seminars). The following seminars were held in 2008: the Untied Nations Convention on the Elimination of All Forms of Discrimination, Standards and Practice of the Committee (four seminars); Standards of the European Court of Human Rights, article 14 of the European Convention on Human Rights and Protocol 12 to the Convention (six seminars); briefing of judges and prosecutors on the Anti-Discrimination Bill (four round tables).

252. Since 2007, the Judicial Training Centre has been providing training on combating discrimination for judges and prosecutors, as a part of its ongoing programme. Moreover, certain thematic units within the programme on criminal law have been dedicated to the problem of discrimination in the practice of certain authorities.

253. At the Administration for the Enforcement of Penal Sanctions, the Ministry of Justice, the Training Centre regularly carries out training for the security service staff, security service trainees, employees – candidates for officers for community service sanctions and conditional discharge with protective surveillance, other employees in the Administration and judicial guards. Professional development and training comprise basic, additional and specialist courses, as well as other forms of training. In cooperation with the OSCE Mission in Serbia, the Centre has implemented a range of basic and specialist courses for security service trainees and staff in all ranks. The programme covers the following: treatment of persons deprived of liberty, training in the appropriate and lawful use of means of coercion, imposing corrective sanctions and penology – foundations of the system, and the basics of the constitutional law including the basic human and minority rights guaranteed by the Constitution of the Republic of Serbia, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the European Prison Rules and the practice of the European Court of Human Rights. In addition to providing training for security service staff, the Centre now provides education and training for the representatives of correctional service, lawyers, health-care workers, trainers, directors of correctional institutions and heads of services.

254. The police receive education on human rights as part of syllabi of a number of subjects at the Secondary School for Interior Affairs – Basic Police Training Centre, as well as at the Criminal-Police Academy. The police staff undergo twelve-month training covering the abovementioned field as well. The police staff of the Ministry of Interior Affairs of the Republic of Serbia have participated in the following seminars: “Seminar on Human Rights”, “Seminar for Civil Servants on Drafting the Reports on the Implementation of International Conventions on Human Rights”, “Universal Standards in the Field of Human Rights and the Police in Community”, “Seminar on Human Rights and Humanitarian Law for the Police and Security Forces”, “Seminar on Human Rights Protection”, “The Use of Force and Fire Weapons, Arrest and Custody”, “Improvement of the Position of Women in Serbia”, “Criminal Proceedings and the Prohibition of Torture in the European Convention on Human Rights”, “Human Trafficking”, “Implementation of the Law on Minor Offenders and Legal Protection of Minors”, “International Humanitarian Law and Human Rights”.

255. The Ministry of Human and Minority Rights has provided training and education in the field of human rights in the following ways:

256. In 2008, the Ministry of Education and Sports implemented the project Together towards Equality, sponsored by the Government of the Kingdom of Norway. The main objectives of the project were the improvement of human relations and provision of satisfactory education for Roma children in the Zaječar district, as well as the support and development of positive attitude of school board, teachers, parents and students belonging to the majority population towards the Roma.

257. In 2005, the Ministry of Education and Sports and the OSCE Mission in Serbia, in cooperation with the national minority councils, launched the Ethno Guide project aimed at introducing the national communities in the territory of the Republic of Serbia to one another. The result of this project will be a manual for students to be used in the process of education.

258. The Provincial Secretariat for Education has launched the initiative for introduction of the language of a certain social environment as an elective school subject in linguistically diverse areas, with a view to enabling Serbian students to learn the languages of the national minorities from their surroundings. Along with that, initiative has been launched for the introduction of the language of a national minority which is in official use in a certain municipality as the second foreign language; students could thus speak three languages when they finish elementary school: Serbian – the mother tongue, the language of a national minority which is in official use and a foreign language.

259. The project Affirmation of Multiculturalism and Tolerance in Vojvodina, successfully implemented since 2005, is one of the examples of the struggle against prejudice leading to racial discrimination and of the support and promotion of understanding, tolerance and friendship among ethnic groups. The project has been conceived as a complex, multicultural programme covering various topics. It features a number of sub-projects and activities implemented throughout Vojvodina; a few thousand young people, predominantly 14–19 years of age, are involved in the project. The main objective of the project is the reduction of tension among different nationalities; however, the long term goal is the development of the spirit of tolerance, mutual trust and respect among the citizens of Vojvodina. The project is implemented and coordinated by the Provincial Secretariat for Legislation, Administration and National Minorities of the Autonomous Province of Vojvodina, in cooperation with other provincial and national bodies, international Organizations, local government bodies, NGOs, education and culture institutions. The Museum of Vojvodina, Radio and Television of Vojvodina, a number of sports Organizations, civil sector Organizations, primary and secondary schools etc. are also involved in this project which comprises the following subprojects:

260. By means of various forms of support and cooperation, the State contributes to the development and encouragement of creative work and culture of national, racial and ethnic groups. Various cultural events, parades, exhibitions, literary events etc. have been organized with the support and help of numerous State institutions. Financial and other kinds of material support are provided for the national minorities, in compliance with articles 2 and 5 (e) (vi), of the International Convention on the Elimination of all Forms of Racial Discrimination.

261. Based on the competition for co-financing projects/programmes which, by their quality, contribute to the development and presentation of art and culture of national minorities, the Ministry of Culture of the Republic of Serbia grants funds for multicultural contents as well. Thus, in 2007, a total of RSD 700,000.00 was allocated for co-financing the implementation of three multicultural projects: Music Speaks a Different Language, Danubian Folklore Festival and Innovative Workshop for Making Wool Items.

262. In the framework of the Serbian chairmanship of the Council of Europe, the Ministry of Religion of the Republic of Serbia organized the European Heritage Days event. The programme lasting several days included presentation of the religious and cultural heritage of the traditional churches and religious communities in Serbia. Moreover, a photography exhibition, film programme – about 15 films with religious and cultural contents, concerts and forums were part of this cultural event. Special attention was drawn by multi-confessional cultural programmes – a multi-religious musical performance of the Jewish group Šira and the choir of the Islamic Community of Serbia, as well as the joint performance of the Orthodox, Catholic and Jewish choirs: Saint Despot Stefan Lazarević Choir, Choir of the Parish Church Ćirilo and Metodije and Brothers Baruh Choir. As a part of the European Religious Heritage Days, spiritual oratory competition All Different – All Equal was organized for the students of three faculties of theology: Faculty of the Orthodox Theology in Belgrade, Catechistic Theological Institute in Subotica and the Faculty of Islamic Studies in Novi Pazar. The representatives of traditional churches and religious communities participated in a spiritual forum (filming of a special programme Agape), as well as the students of the faculties of theology, who asked questions.

263. In the field of media, effective measures aimed at the development of mutual respect, understanding and cooperation are based on legal provisions setting the main principles of broadcasting television and radio programmes, which envisage that programme orientation of media is to respect and enable the expression of cultural and linguistic identity of the national minorities (art. 78, item 4 of the Law on Broadcasting). Moreover, pursuant to article 4, item 9 of the same Law, the public broadcasting service encompasses the production, purchase, editing and broadcasting of the informative, educational, cultural, artistic, children’s, entertainment, sports and other radio and television programmes of general interest for citizens, particularly with a view to exercising human and civil rights, exchanging ideas and opinions, fostering political, gender, inter-ethnic and religious tolerance and preserving national identity. Article 68, item 4 stipulates that all the broadcasters are to contribute to raising the overall level of culture and education of the citizens. Mixed-membership bodies monitor adherence of the media to the abovementioned principles. In the Republic of Serbia, the Republic Broadcasting Agency Council consists of nine members; two of the Council members are appointed by the National Assembly of the Republic of Serbia upon the proposal of churches and religious communities, and/or NGOs and citizens’ associations dealing predominantly with the protection of the freedom of speech, protection of the rights of national and ethnic minorities and the protection of the rights of the child, by means of mutual agreement (art. 23 of the Law on Broadcasting).

264. A considerable number of NGOs in the Republic of Serbia provide education in the field of human rights. This is the main activity of the NGO Belgrade Centre for Human Rights; the key objective of the Centre is the education of young people and experienced professionals in the sphere of human rights, humanitarian law and the international public law. In cooperation with the Faculty of Political Science, University of Belgrade, and with the support of OSCE and the International Committee of the Red Cross, specialist studies on humanitarian law and human rights have been provided over the last three years. The specialist studies are intended for civil and judicial servants, journalists, the staff of NGOs and international Organizations, etc. Human rights schools are organized for future lecturers, judges, prosecutors, public attorneys and lawyers; there is also a school for future decision-makers. Training is carried out in the form of seminars, conferences, lectures.

[*] This document contains the initial periodic report of Serbia, due on 4 January 2008.

[**] In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services.

[***] The annexes to the report may be consulted in the files of the secretariat.

^[1] All statistical data refer to the territory of the Republic of Serbia excluding AP Kosovo and Metohija, since the Census could not be conducted in the territory thereof. Annex 1 of the present report contains table 1 which provides an overview of the population disaggregated by sex and age for each national community.

^[4] Official Journal of the Federal Republic of Yugoslavia, No. 11/2002, 57/2002.

^[7] Official Gazette of the Republic of Serbia, No. 42/02, 97/04, 76/05, 62/06, 85/06 and 86/06.

^[17] Official Gazette of the Republic of Serbia, No. 35/00, 69/02, 57/03, 72/03, 75/03, 18/04, 85/05, 101/05 and 109/06.

^[18] The overview of investments per years and municipalities is enclosed in Annex 1 of the report, table 2.

^[19] Official Gazette of the Republic of Serbia, No. 85/2005, 88/2005 and 17/2005.

^[21] Official Gazette of the Republic of Serbia, No. 51/1992, 53/1993, 67/1993, 48/1994, 12/1997, 21/2001 and 101/2005.

^[22] Official Gazette of the Republic of Serbia, No. 51/1992, 53/1993, 67/1993, 48/1994, 12/1997, 21/2001 and 101/2005.

^[23] Official Journal of SFRY, No. 42/1990 and Official Journal of SRY, No. 16/1993, 31/1993, 41/1993, 50/1993, 24/1994, 28/1996, 73/2000.

^[24] Official Gazette of the Social Republic of Serbia, No. 24/1982, 39/1983, 17/1984, 50/1984, 45/1985 and 12/1989 and the Official Gazette of the Republic of Serbia, No. 53/1993, 67/1993, 48/1994 and 101/2005.

^[25] Official Journal of the Federal Republic of Yugoslavia, No. 18/02 and the Official Journal of Serbia and Montenegro, No. 16/03.

^[29] Official Gazette of the Socialist Republic of Serbia, No. 42/1977 and 25/1989.

^[36] Annex 1 of the present report contains the table 3 displaying statistics on concluded marriages by the nationality of a bride and a bridegroom in 2007.

^[39] Data on the broadcasting of radio and television programs in the languages of national minorities are presented in appendix 1 to the present report, table 4.

^[41] Official Gazette of the Republic of Serbia, No. 50/1992, 76/1992, 84/1992, 33/1993, 46/1994, 47/1994, 49/1995, 16/1997, 46/1998 and 26/2001.

^[43] Official Gazette of the Republic of Serbia, No. 36/1991, 79/1991, 33/1993, 53/1993, 67/1993, 46/1994, 48/1994, 52/1996, 29/2001, 84/2004, 101/2005 and 115/2005.

^[45] Official Gazette of the Republic of Serbia, No. 50/1992, 24/1996, 23/2002 and 25/2002.

	United Nations	CERD/C/SRB/1
	International Convention on the Elimination of All Forms of Racial Discrimination		Distr.: General 1 October 2009 Original: English

Language	Number of students who are not native speakers	Total number of students
Hungarian	1 327	2 088
Romanian	261	469
Ruthenian	134	278
Slovak	251	622
Croat	8	362

United Nations Committee on the Elimination of Racial Discrimination - States Parties Reports

Serbia - Initial Periodic Report due in 2008 - Reports submitted by States Parties under Article 9 of the Convention [2009] UNCERDSPR 20; CERD/C/SRB/1 (1 October 2009)