Against the changes of the proposal of the Law against Discrimination

Friday, 06 March 2009 17:18

Attempts to present the solutions in the proposal of the Law against Discrimination as an extreme or as solutions requiring additional adjustments, present public deception and their goal is to hide the responsibility for withdrawing the Law only 15 hours prior to the discussion in the Serbian Parliament. Instead of a promise, we expect the Serbian Government to immediately put the Law back into the procedure with no changes and for the Parliament to adopt the proposed text with no delays. We find any further change in the Law to be unacceptable and that the Serbian government must support the proposal that is completely adjusted with all relevant parties, above all the ones the Law relates to.

Non-governmental Organizations have been demanding the adoption of the Law against Discrimination since 2001, when the first proposal was drafted and since then there have been consultations and adjustments with all the parties interested in adopting the Law. Public debate organized by the Ministry of Human and Minority Rights and the Ministry of Labor and Social Policy regarding the final text of the Law lasted 6 months. During this debate, most of the regulations were additionally adjusted in accordance with all the given remarks or the regulations were clearly defined which resulted in a text that received the widest possible support and the best evaluation by international organizations. As it was the case with many remarks, the remarks by the Ministry of Religion were taken into consideration and the text was adjusted with them.

Given our belief that the freedom of thought, freedom of expression and freedom of religion are basic rights and freedoms of every individual, we do not consider the opinions of religious or any other organizations to be to problem. However, if the adoption of changes below the level proclaimed by the Serbian Constitution, ratified international agreements, the practices of the European Court of Human Rights and the EU directives, takes place solely due to wishes by religious organizations, this would represent a clear signal that the rule of law and equality are not the values the Serbian Government strives for.

The Serbian Government has still not put the Law against Discrimination back in the procedure in the Serbian Parliament nor are there any firm guarantees that this will be executed without changing the text of the Law. Statements by the Government representatives that adjustments with the Serbian Orthodox Church and other religious communities will ensure are general and ambiguous regarding the manner and time frame. We find that the regulations in the articles 18 and 21 allegedly generating the concern of the religious communities, represent a minimum and that the equality guarantees in these articles could not be lowered more. Possible changes in other parts of the Law relating to general regulations or protection mechanisms would make the Law Proposal senseless.

We expect the Serbian Government to take full responsibility for the adoption of the Law and to use the example of the Law against Discrimination so as to show that the democratic procedure and the rule of law exist in Serbia and that the equality of all citizens is a value that will represent a foundation for the future of the society. Should there be withdrawals from minimal standards prior to the parliamentary debate or through the adoption of the Amendments, we will consider that the Serbian Government takes no consideration for the opinion of the civic society, and especially the opinions of organizations dealing with the protection of victims of discrimination.

Members of Coalition against discrimination:

Centre for Advanced Legal Studies

Swedish Helsinki Committee for Human Rights

Youth Initiative for Human Rights

Gay-Straight Alliance

Association of Students with Disabilities

Initiative for inclusion “VelikiMali” (GreatLittle)

LABRIS

Committees for Human Rights in Serbia (CHRIS network)

Gejten

Anti-trafficking centre

Press release also supported by:

Civic Initiatives

Humanitarian Law Centre

Helsinki Committee for Human Rights in Serbia

Belgrade Centre for Human Rights

YUCOM

International Gay and Lesbian Association

The Party of European Socialists

Impunity Watch

Women for Peace

International Gay and Lesbian Human Rights Commission

Centre for integration of youth

Regional centre for minorities

The centre “Living Upright”

Committee for Human Rights Niš

Committee for Human Rights Negotin

Vojvodina Centre for Human Rights

Civic forum Novi Pazar

Committee for Human Rights Valjevo

Committee for Human Rights Vranje

SOS telephone for victims Vranje

Press Agency “Vranje Press”

Media and reform centre Niš

Resource centre Niš

Resource centre Leskovac

Resource centre Bor

Centre for peace and democracy development

Centre for development of civil society Niš

Civic centre Kragujevac

Vojvodina civic centre

Liberal centre

Sanjak Committee for protection of human rights and freedoms

Sanjak intellectual circle

LINET

NGO “Generator” Vranje

Cultural centre “Damad” Novi Pazar

Volunteer centre Vojvodina

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