Комиссар по правам человека

 [16/06/11  12:30]   "Serbia is going through a transitional period, striving to overcome the legacy of the violent past, and to enhance social cohesion. More sustained and concerted efforts are necessary to redress the gross human rights violations of the war, eliminate discrimination and enhance media freedom" said the Council of Europe Commissioner for Human Rights, Thomas Hammarberg concluding his four-day visit to the country.

The Commissioner noted that ethnic depolarisation and reconciliation in the region cannot be achieved without justice for all war victims with no distinctions between them. He emphasised the need to resolve the pending cases of missing persons and to effectively prosecute all war-related crimes. Both issues require reinforced regional, inter-state co-operation to which Serbia subscribes. Commissioner Hammarberg remains concerned at the reported serious deficiencies of the witness protection system and welcomes the commitment shown by the Serbian government to improving it by transferring the relevant competence to the Ministry of Justice.

The Commissioner is deeply concerned by the protracted displacement of 200 000 persons from Kosovo*. Approximately three thousand of them, belonging to very vulnerable groups, such as the elderly and the ill, are still living in 43 collective centres in Serbia. "Durable solutions need to be found for these persons. The ongoing dialogue between Kosovo and Serbia should be reinforced and focus on making access to their left property, and enjoyment by them of their social and economic rights possible for all displaced persons". The Commissioner welcomed the Serbian government's willingness to promote the establishment of a regional trust fund management mechanism, to address forced displacement-related issues, in the Council of Europe Development Bank.

Roma remain socially excluded in Serbia. The Commissioner is particularly concerned by the non-registration of Roma children upon their birth and the lack of personal identity documents of approximately 5% of Roma in Serbia. This hinders their access to education and health services. Those who have been forcibly displaced from Kosovo are facing the harshest living conditions, as witnessed by the Commissioner during his visit to the irregular Roma settlement in Antena, Belgrade. "Although progress has been made with regard to access by Roma to health care and education, additional efforts are needed to enhance their protection by national and local authorities, in particular with regard to their access to personal identity documents and adequate housing".

The Commissioner commends the adoption of legislation aimed at the protection and promotion of the rights of persons with disabilities. Its implementation has increased their employment. The process of deinstitutionalisation of children with disabilities appears to be progressing. However, persons with disabilities in Serbia still face a number of barriers. Segregation of disabled university students, abuse of legal capacity procedures, often by close family members, and obstacles to their physical access to institutions are some of the problems that the authorities need to effectively resolve.

Widely present homophobia remains a serious concern. Violence and hate crimes against LGBT persons still occur. A recent decision of the Constitutional Court to ban one extremist organisation is a positive step towards developing a more tolerant society. More vigorous implementation by courts of the criminal provisions concerning hate crimes is necessary.

Lastly, the Commissioner underlined the media's crucial role for the development of pluralism and broadmindedness in a democratic society. Unfortunately, on a number of occasions, media freedom has been threatened in Serbia, through attacks against, and in some cases even murders of, journalists. "It is of the utmost importance that these crimes be effectively investigated and those guilty brought to justice". The Commissioner welcomed the ongoing public consultations on the government's new media policy aiming, amongst other things, at enhancing transparency of media outlets' ownership. He also stated his position against the criminalisation of defamation and the imposition by courts of excessive fines in such cases, which adversely affect freedom of expression and of the media.

* "All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 (1999) and without prejudice to the status of Kosovo."