HELSINŠKE SVESKE №15: National minorities and law
HELSINŠKE SVESKE №15: National minorities and law
Contributor(s): Latinka Perović (Editor), Sonja Biserko (Editor), Seška Stanojlović (Editor), Ivana Damjanović (Translator)
Subject(s): Politics, Education, Civil Law, International Law, Human Rights and Humanitarian Law, Governance, State/Government and Education, Inter-Ethnic Relations, Ethnic Minorities Studies
Published by: Helsinški odbor za ljudska prava u Srbiji
Keywords: Serbia; minorities; legal regulations; international law; federal act; rights and freedoms; native language; education; Vojvodina; central Serbia; political parties; judiciary;
Summary/Abstract: October 2000 political changeover did not produce the fundamental break with Milosevic's policy. There are numerous examples thereof, notably as regards Republika Srpska, Kosovo and Montenegro. Insistence on that orientation in the face of factual defeat had a negative impact on status of inter-ethnic relations in Serbia proper. National policy aiming at creating an ethnically pure Serb state ended with a catastrophic balance: hundreds of thousands of dead, several million displaced persons and refugees. In the past decade minorities, notably Croats (during the war in Croatia), Bosniaks (during the war in B&H) and Albanians (during the whole decade) bore the brunt of "ethnic-cleansing" policy. By extension, relations between the majority people and some minorities were exacerbated. In the meantime minorities have radicalised their stands and are waiting for resolution of their problems by dint of international community brokerage. Most conspicuous example of the aforementioned was South Serbia, in which the danger of conflict spill-over was great for a while. But thanks to NATO and other international organisations actions and efforts tension has eased and cooperation and revival of economy have been initiated owing to enormous political and financial support of the West. Serbia has entered the period of facing up to difficult and long-term consequences of nationalistic and war policy of the former regime. The entire society has been devastated, and institutions of system destroyed. Long wars, international isolation and bombardment campaign have impacted the general social mood, which is marked by high intolerance, xenophobia, anti-Semitism and emergence of neo-Nazi groups. This is all due to the political vacuum and absence of vision of Serbia's future. Such a general atmosphere affects national minorities, who feel increasingly threatened. The last census, according to unofficial information, indicates that Serbia remains a markedly multi-ethnic country. This may be explained by massive emigration or brain-drain of young and educated Serbs. About 400,000 refugees from Croatia, Bosnia and Kosovo, contrary to some expectations, have not to a larger extent changed the demographic structure of the country. Despite emigration of minorities, their percentage remained the same, in view of de-assimilation of Vlahs and Romany (they stopped identifying with Serbs). This means that the minority issue would remain the hot issue, notably if the nationalistic block continues to persist on realisation of ethnically pure state. Some ethnic communities have been territorially homogenised, hence some of them, in some areas constitute the majority population. Some national minorities, notably Albanians, Bulgarians, Croats, Hungarians, Bosniaks/Muslims, and Romanians inhabit border areas. Thus their territorial homogenisation is a complex political fact. Despite current authorities efforts to fine-tune national minorities-related domestic legislation to the European standards, situation in that regard is slowly changing because of badly impaired inter-ethnic relations in the last decade. Ethnic distance had been increased, but as of late it started dwindling, but not everywhere and not with respect to all minorities.
Series: Helsinške Sveske
- Print-ISBN-10: 86-7208-067-X
- Page Count: 189
- Publication Year: 2002
- Language: English
INTRODUCTION
INTRODUCTION
(INTRODUCTION)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Politics, Demography and human biology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:5-13
- No. of Pages:9
- Keywords:Serbia; politics; census; ethnicity; national minorities;
- Summary/Abstract:October 2000 political changeover did not produce the fundamental break with Milosevic's policy. There are numerous examples thereof, notably as regards Republika Srpska, Kosovo and Montenegro. Insistence on that orientation in the face of factual defeat had a negative impact on status of inter-ethnic relations in Serbia proper. National policy aiming at creating an ethnically pure Serb state ended with a catastrophic balance: hundreds of thousands of dead, several million displaced persons and refugees. In the past decade minorities, notably Croats (during the war in Croatia), Bosniaks (during the war in B&H) and Albanians (during the whole decade) bore the brunt of "ethnic-cleansing" policy. By extension, relations between the majority people and some minorities were exacerbated. In the meantime minorities have radicalised their stands and are waiting for resolution of their problems by dint of international community brokerage. Most conspicuous example of the aforementioned was South Serbia, in which the danger of conflict spill-over was great for a while. But thanks to NATO and other international organisations actions and efforts tension has eased and cooperation and revival of economy have been initiated owing to enormous political and financial support of the West.
ANALYSIS OF LEGAL REGULATIONS
ANALYSIS OF LEGAL REGULATIONS
(ANALYSIS OF LEGAL REGULATIONS)
- Author(s):Author Not Specified
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:14-19
- No. of Pages:6
- Keywords:Serbia; legal regulations; analysis; ethnicity; national minorities; human rights; international law; FRY;
- Summary/Abstract:A large number of countries are becoming increasingly concerned over the issue of the national minorities rights and so is the international community. However, before the WWII human rights and freedoms and their protection were a province under an exclusive jurisdiction of states. Citizens enjoyed only those rights and freedoms bestowed on them by a ruler through the internal legal order and state laws. But such a system was faulty and insufficient, for it was amply manifest that some states in that way legitimised the racial, national, religious and ideological discrimination. Rights of national minorities are today a regular part of the catalogue of fundamental human rights and freedoms enshrined in the most important international charters and acts. Considering a large number of international laws dealing with the rights of national minorities, that issue is no longer within an exclusive competence of states. It has in fact become the subject of international-legal and political obligations of state and the one of universal and regional organisations. Basic preconditions for the exercise of fundamental human rights and freedoms and accordingly of national minorities rights are the existence of the legal state-the rule of love and ethnic tolerance. Without those preconditions one could hardly talk about the genuine existence, exercise and protection of human rights. The gist of protection of national minorities is the principle of banned discrimination on any grounds, the principle of equality of all before the law and existence of special measures ensuring the preservation of national, cultural, religious and linguistic identity of ethnic minorities. On the other hand the following issue is raised: how to ensure every citizen's right to preservation of his/her identity, culture, language and religion without reducing the stability of a community as a whole, and its sovereignty and territorial integrity, how to find a magical formula, a universal model applicable to all states. But the history has shown that such a magical formula did not exist. Each state facing the issue of relations between the majority and minority people had to build a specific model of their cohabitation, the one conditioned by historical legacy and current international circumstances. National legislation plays an important role in guaranteeing cultural, religious, ethnic, linguistic, national and other rights to national minorities through determination of those rights and providing guarantees for their exercise and protection. Regardless of a breadth and richness of a spectrum of national minorities' rights in a state, its existence does not imply its genuine implementation. What follows is an analysis of legal provisions (federal and republican) in place, in the light of guaranteeing the rights of national minorities, existence or absence of discriminating norms, internal harmonisation of those rights, and their harmonisation with constitutions and relevant international acts.
FEDERAL LAW ON PROTECTION OF THE RIGHTS AND FREEDOMS OF NATIONAL MINORITIES
FEDERAL LAW ON PROTECTION OF THE RIGHTS AND FREEDOMS OF NATIONAL MINORITIES
(FEDERAL LAW ON PROTECTION OF THE RIGHTS AND FREEDOMS OF NATIONAL MINORITIES)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Education, Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, State/Government and Education, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:20-27
- No. of Pages:8
- Keywords:Serbia; federal law; rights and freedoms; national minorities; ethnicity; education; language; high school; underdeveloped regions; state holidays; museum of genocide;
- Summary/Abstract:By signing the Framework Convention on the Protection of National Minorities the FRY took on the commitment to ensure to members of national minorities, within its legal system, the minimum of rights and standards of protection envisaged by the Framework Protection. In line with the aforementioned the FRY passed the Law on Protection of Rights and Freedoms of National Minorities which took force on 7 March 2002. A public debate during which many criticisms and praises had been voiced preceded the promulgation of that Act. They contributed to a vast improvement of the text of Act. But the latter is still full of serious shortcomings: The basic shortcoming of this Act is its failure to ensure efficient legal remedies for the protection of minority rights. Every member of a national minority has the right to lodge a complaint with the court for compensation of damage incurred by violation of a minority right either at the hands of state bodies or a private person. But in practice such complaints are rarely lodged because members of national minorities lack faith in the judicial bodies and also dodge public exposure fearing that it might hurt their status. Added to that the Act envisages a possibility of appeals to the Constitutional Court by the Federal Ministry of National and Ethnic Communities and National Councils of National Minorities. Having in mind the fact that such appeals were rarely filed, possibly due to conditions thereof, it is very likely that the provision of Article 23, paragraph 2 shall not contribute to ensuring a genuine, efficient, legal protection of minority rights. The Act does not envisage the introduction of Ombudsman for National Minorities as an independent institution for protection of rights of national minorities, although the efficiency of this institution was confirmed internationally as a form of control of state bodies in their duties relating to adequate protection of those rights. Ombudsman for National Minorities would have an authority to monitor implementation of laws and politics with respect to the rights and freedoms of national minorities, to collect and register complaints and institute judicial proceedings for the protection of rights of national minorities. Possible shortcomings of this Act are the status and rights of "small" minorities. Definition of national minorities, notably, "national minority is a group of citizens of the FRY, whose number is sufficiently representative" indicates that the exercise of minority rights is conditioned by the number of members of a minority. This in turn implies that the right of members of so-called "small" national minorities to exercise their rights under the said law may be conditioned. Hence the emergence of the issue of relationship between "bigger" and "smaller" minorities. And finally the Act does not envisage any sanctions for the state bodies (at local, republican and federal level) abusing or breaching the rights of national minorities, or failing to take actions with a view to ensuring full and efficient equality of minorities and the majority people. The latter casts doubt on a genuine intention and readiness of a law-maker to realise what this law nominally envisages and recognises. In further text we shall give an outline or rather a summary of legal provisions which contain discriminating norms or those which enable discrimination in an indirect way.
MODE OF EXERCISE OF THE NATIONAL MINORITIES RIGHTS IN SERBIA
MODE OF EXERCISE OF THE NATIONAL MINORITIES RIGHTS IN SERBIA
(MODE OF EXERCISE OF THE NATIONAL MINORITIES RIGHTS IN SERBIA)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Politics, Education, Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Government/Political systems, Culture and social structure , State/Government and Education, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:28-99
- No. of Pages:72
- Keywords:Serbia; rights and freedoms; national minorities; political parties; native language; culture; education; Vojvodina; Central Serbia; public life; national structure;
- Summary/Abstract:Helsinki Committee for Human Rights in Serbia and Humanitarian Centre for Integration and Tolerance from Novi Sad in the course of August and September 2002 carried out a research on the status of collective rights of national minorities in Serbia. That research covered 36 municipalities in Vojvodina and 16 municipalities in Central Serbia, that is municipalities inhabited by the largest number of national minorities according to the 1991 census.7 The goal of research was to establish the level of enforcement of collective rights of national minorities as prescribed by the domestic legislation and international standards. The research covered guaranteed collective rights of national minorities in the following areas: 1. The right to use mother tongue and alphabet 2. The right to education in mother tongue 3. The right to nurturing national culture and tradition 4. The right to information in mother tongue 5. The right to effective participation of national minorities in public life. This research was carried out by the two teams. One worked in the territory of the Autonomous Province of Vojvodina, while the other worked in Central, or more precisely, Eastern Serbia, Sandžak and South Serbia. Their work was divided in view of high concentration of minorities in those areas.
CENTRAL SERBIA - GENERAL CONCLUSION
CENTRAL SERBIA - GENERAL CONCLUSION
(CENTRAL SERBIA - GENERAL CONCLUSION)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Civil Law, Human Rights and Humanitarian Law, Evaluation research, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:100-104
- No. of Pages:5
- Keywords:Serbia; Central Serbia; ethnicity; ethnic minorities; rights and freedoms; conclusion; Albanians; Bosniaks; Bulgarians; Romany; Vlachs;
HOW MUCH ARE MINORITIES IN SERBIA FAMILIAR WITH THEIR RIGHTS AND WHAT DO THEY THINK ABOUT THEM
HOW MUCH ARE MINORITIES IN SERBIA FAMILIAR WITH THEIR RIGHTS AND WHAT DO THEY THINK ABOUT THEM
(HOW MUCH ARE MINORITIES IN SERBIA FAMILIAR WITH THEIR RIGHTS AND WHAT DO THEY THINK ABOUT THEM)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Evaluation research, Ethnic Minorities Studies
- Page Range:105-112
- No. of Pages:8
- Keywords:Serbia; rights and freedoms; ethnic minorities; survey; Albanians; Bosniaks; Bulgarians; Croats; Hungarians; Romanians; Vlachs; Romany; Slovaks; Ruthenians;
- Summary/Abstract:Survey was conducted in the first week of September 2002, and covered a sample of 111 respondents, members of minorities. Survey was carried out in 2 stages, sample was a quota character, and it covered 10 minorities living in Serbia: Albanians, Muslims/Bosniaks, Hungarians, Romany, Vlachs, Slovaks Ruthenians and Bulgarians. Survey was carried out on the ground by pollsters of SMMRI. Head of survey was Prof. Dr. Miklos Biro. Questionnaire consisted of 3 parts. The first part included so-called test of knowledge on the rights of national minorities regulated under the Act on Protection of Rights and Freedoms of National Minorities. In the second part respondents were asked about the extent of rights they need, and in the third about their perception of level of attainment of those rights, at the moment of survey.
CONCLUSIONS AND RECOMMENDATIONS
CONCLUSIONS AND RECOMMENDATIONS
(CONCLUSIONS AND RECOMMENDATIONS)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Evaluation research, Ethnic Minorities Studies
- Page Range:113-114
- No. of Pages:2
- Keywords:Serbia; rights and freedoms; ethnic minorities; conclusion; recommendation;
- Summary/Abstract:General conclusion of this survey is that rights and freedoms of minorities in Serbia are no implemented in compliance with proclaimed principles and standards of international practice and law. Domestic legislation related to minority rights is not quite harmonised with international law in this sphere, and in practice is not implemented everywhere and always. But much has changed in this regard after the 5 October 2000 political changeover. Currently under way is harmonisation between domestic and international legislation, and efforts are made to consistently implement pertinent legal provisions in practice. New authorities in Serbia are manifesting their political will to comply with conditions set by the Council of Europe. In normative terms the most important move was adoption of the Act on Protection of Rights and Freedoms of National Minorities. This was preceded by the FRY accession to the Framework Convention for Protection of Rights of National Minorities and adoption of other documents of European legislation related to the national minorities (the OSCE recommendations from the Hague, Lund and Oslo). As regards normative protection of rights and freedoms of minorities in Serbia is it needed to urgently fine-tune domestic legislation to international legislation related to that sphere. In those terms it is necessary to first promulgate the new Constitution of Serbia, or at least amend the old one, so that its provisions guarantee a higher degree of protection of rights of national minorities, than the one guaranteed by the federal constitution. It is also necessary to amend the Act on National Minorities in terms of envisaging sanctions for state bodies when they violate rights of national minorities, or don't take measures to provide for full and effective equality of members of national minorities with the majority nation. And finally it is also necessary to fine-tune republican laws with the Federal Act on Protection of National Minorities, by striking off discriminating norms. Survey of implementation of legal provisions indicated that national minorities in Vojvodina exercise their rights better than minorities in Central Serbia. Added to that it seems that a turnaround has been achieved also in South Serbia, in municipalities of the Preševo valley mostly inhabited by Albanians. During Milosevic era their rights were grossly violated, while now they are better treated. But Albanians are still not treated equally as the majority people. However there is hope that through mutual understanding and patience things could improve even more in this regard. Added to implementation of the aforementioned Act and other pertinent acts by the state authorities, of major importance is the formation of the Federal Council for National Minorities and National Councils of National Minorities, with a view to exercising rights to selfrule in the area of use of minorities languages and alphabets, education, information and culture. Only Hungarians (by the date of publication of this survey) have formed their national council, while formation of other councils is still under way. Survey of national minorities also indicated that most minorities were not aware of their rights. Good news is that a vast majority of respondents is not interested in rights which are not regulated by law, and that they are ready to abide by the law in exercise of their rights. This is an encouraging sign for the process of democratisation of society, but one should not overlook the fact that minorities still considerably feel threatened. Better information of national minorities about their rights is also an important factor, as is enhanced information of the majority people that better exercise of minority rights is beneficial for them too, for thus are secured harmonious multi-ethnic relations without which political and economic stability of a multi-ethnic community of Serbis is not viable.
ADDENDUM - TABLES
ADDENDUM - TABLES
(ADDENDUM - TABLES)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Evaluation research, Ethnic Minorities Studies
- Page Range:115-136
- No. of Pages:22
- Keywords:Serbia; ethnic minorities; ethnicity; addendum; tables;