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3rd UPR session
Date of review: 5 December 2008
Date of report adoption: 8 January 2009
Document number: A/HRC/10/78
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SUMMARY SOGIESC issues during Serbia’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non discrimination
8. The Helsinki Committee for Human Rights (HCHR) stressed that the findings of the survey of the Center for Modern Skills conducted among young people showed intolerance towards the growing number of social groups, from ethnic and sexual to generational, highlighting ethnic and racial intolerance. BCHR added that the number of neo-Nazi movements in Serbia, as well as incidents provoked by them in 2007, has grown.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
30. HLC [Humanitarian Law Centre] reported that human rights defenders carry out their activities in an oppressive climate of fear and with considerable risks of reprisal. FL [Front Line] noted that many of the influential human rights organizations are led by women. While they have received a substantial level of public acknowledgment and support, this has made them some of the most targeted individuals in Serbia, both on the basis of their human rights activities and due to their gender. Woman leaders of NGOs have all reported being subjected to attacks by both State and non-State actors through physical violence and open threats, general stigmatization through negative media campaigns, and legal cases filed against them. FL also highlighted that lesbian, gay, bisexual, transgender and inter-sexual (LGBTI) rights defenders have found themselves in a particularly vulnerable position and have reported many incidents of attacks and intimidation from right-wing groups. Internet fora hosting online discussions have regularly included postings containing hate speech and advocating attacks on LGBTI groups.
31. BIBIJA [BIBIJA – Roma Women’s Center] was concerned that a number of demonstrations have been banned and that certain groups have been denied freedom of assembly by the authorities. Requests for peaceful demonstrations by sexual minorities have been denied with the explanation that such events would provoke the public.
II. Excerpts on SOGIESC issues from the national report
Prohibition of discrimination
67. Article 18 of the Labour Law prohibits direct and indirect discrimination of persons seeking employment, as well as the employees, for reasons of sex, birth, language, race, skin colour, age, pregnancy, health condition, and/or disability, ethnic origin, religion, marital status, family obligations, sexual orientation, political or other convictions, social background, property status, membership in political organisations, trade unions, or any other personal characteristic. In accordance with Article 20 of the same law, discrimination is prohibited regarding: employment conditions and choice of candidates for performing a specific job, conditions of labour and all the rights deriving from employment relation, education, professional development and vocational training, job promotion and termination of an employment agreement. The provisions of an employment agreement allowing for discrimination on the ground of any of the above listed reasons shall be null and void.
III. Excerpts on SOGIESC issues by UN agencies
Specific recommendations for follow-up
44. Following her visit to Serbia, the Special Representative of the Secretary-General on the situation of human rights defenders recommended in 2008: to establish and institutionalize interaction and consultation processes with civil society, including involving civil society in the preparation and follow-up of the reports to treaty bodies and to the Human Rights Council in the context of the universal periodic review; to adopt a national plan or strategy on human rights with specific measures for the protection of human rights defenders and their activities, including the protection of defenders in vulnerable positions, like women defenders in rural areas and defenders working on lesbian, gay, bisexual, transgender and intersex rights.
IV. References to SOGIESC issues during the Working Group review
8. The prohibition of discrimination against people with different sexual orientations would be regulated by the anti-discrimination law currently being prepared.
14. France commended Serbia for the progress made in human rights, particularly for the adoption of the 2006 Constitution, which enshrined fundamental rights and significant stages in strengthening democracy. The Constitution forbade all forms of discrimination; nonetheless, discrimination against women and people on the basis of sexual orientation continued. France asked about measures Serbia intended to take to fight these types of discrimination. Regarding the reported deterioration of the situation of human rights defenders working on sensitive issues, France recommended that Serbia take all measures necessary to ensure the safety of human rights defenders and to ensure they had a favourable working environment. While the fight against impunity has made progress, additional efforts were needed. France recommended that Serbia take measures to ensure allegations of human rights violations brought to the knowledge of the authorities were systematically subject to inquiry and punished where appropriate.
22. The Netherlands commended Serbia for its vibrant democracy and the protection of minorities provided for in its 2006 Constitution. Referring to paragraph 27 of the summary of other stakeholders’ contributions, it wished to know how Serbia guarantees the safety of human rights defenders and an independent press, and recommended that the Government adopt a national plan for the protection of human rights defenders and independent journalists. It asked for special attention for human rights defenders in the area of lesbian, gay, bisexual and transgender rights and recommended that the protection of such activists be included in the national plan and that Serbia apply the Yogyakarta Principles as a guide for new policies on lesbian, gay, bisexual and transgender rights.
33. Serbia was to adopt a set of antidiscrimination laws, including the framework anti-discrimination law. Within that draft law, special attention was given to gender equality and protection of lesbian, gay, bisexual and transgender rights.
36. Norway appreciated the State’s cooperation with the Special Representative of the Secretary-General on the situation of human rights defenders during her visit in 2007. In her report, the Representative recognized a number of positive developments but also expressed concern about verbal and physical attacks against human rights defenders. In line with the recommendations in the report, Norway recommended that the Government forcefully denounce such attacks and that State authorities in such cases give human rights defenders legitimacy through supportive statements. It also recommended that the Government investigate and take appropriate action on reports of violations against human rights defenders. Following the Representative’s recommendations, Norway recommended the adoption of a national plan or strategy on human rights with specific measures for the protection of human rights defenders and their activities, including the protection of defenders in vulnerable positions, such as women defenders and those defending lesbian, gay, bisexual and transgender rights.
38. Canada also recommended developing and implementing a comprehensive strategy to protect human rights defenders, including those working on behalf of the rights of lesbian, gay, bisexual and transgender persons, and ensure effective investigation of alleged attacks against them.
47. Regarding the protection of independent journalists and human rights defenders, [the Czech Republic] recommended the adoption of specific measures to ensure protection of human rights defenders, including those dealing with sensitive issues such as corruption, organized crime or the human rights of sexual minorities.
V. Conclusions and/or recommendations
Serbia noted the following recommendations:
57. 20 To develop and implement a comprehensive strategy to protect human rights defenders, including those working on behalf of the rights of lesbian, gay, bisexual and transgender persons (Canada);
57.20 To apply the Yogyakarta Principles as a guide for new policies in the area of lesbian, gay, bisexual and transgender rights (Netherlands).
VI. Further information
You will find all documents relating to Serbia’s first review at UPR-Info and OHCHR’s websites.