| Click here for a summary of Serbia’s review at the first cycle and/or third cycle. |
15th UPR session
Date of review: 30 January 2013
Date of report adoption: 7 June 2013
Working Group report: A/HRC/23/15
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SUMMARY SOGIESC issues during Serbia’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Protect the rights to peaceful assembly and association on grounds relating to sexual orientation or gender identity, and ensure that adequate police and other physical protection against violence or harassment is afforded to persons exercising these rights.
- Introduce hate crimes legislation on these grounds, as well as public education programs and sensitivity training.
- Ensure the right to recognition before the law of each person’s self-defined gender identity, without infringement of other human rights.
- Recognise unmarried same-sex couples on an equal basis to unmarried opposite-sex couples before the law.
- Ensure the right to found a family without discrimination on the basis of sexual orientation or gender identity.
II. Excerpts from input reports
National report
IV. Application des recommandations formulées lors du premier cycle de l’EPU qui ont été acceptées
Défenseurs des droits de l’homme (Recommandation 20)
105. En novembre 2011, Belgrade a accueilli la conférence intitulée «Pour une politique nationale relative aux défenseurs des droits de l’homme». L’objectif de cette réunion consistait à conduire une analyse de la situation des défenseurs des droits de l’homme dans la République de Serbie, ainsi qu’à améliorer l’application des normes figurant dans la Déclaration des Nations Unies sur les défenseurs des droits de l’homme.
106. L’élaboration de la Stratégie nationale de lutte contre la discrimination a été engagée en République de Serbie en conformité avec les recommandations du Commissaire à la protection de l’égalité et des organisations de la société civile.
107. En 2012, la République de Serbie, l’Albanie, l’Italie, la Lettonie, le Monténégro et la Pologne sont devenus partenaires du projet du Conseil de l’Europe intitulé «Lutte contre la discrimination fondée sur l’orientation sexuelle ou l’identité de genre en Europe». Le projet vise à aider les États membres à appliquer la recommandation 5 (2010) que leur a adressée le Comité des ministres, de combattre la discrimination fondée sur l’orientation sexuelle ou l’identité de genre.
108. Le projet relatif à la mise en œuvre de politiques de lutte contre la discrimination au titre de l’IAP 2011 vise à renforcer différents mécanismes en vue d’une mise en œuvre efficace de la législation de lutte contre la discrimination et à assurer la formation des représentants des organes publics compétents, en vue de promouvoir la tolérance, l’égalité et la diversité.
Compilation of UN information
III. Implementation of international human rights obligations
E. Freedom of religion or belief, expression, association and peaceful assembly and right to participate in public and political life
63. The High Commissioner for Human Rights regretted the decision by Serbian authorities to ban all public gatherings scheduled for 6 October 2012. She urged them to facilitate the rescheduling of a pride parade for the lesbian, gay, bisexual and transgender (LGBT) community that was planned for that day, instead of preventing its members from exercising their fundamental freedoms of expression, association and peaceful assembly. Further, she urged the Government of Serbia to take steps to ensure adequate protection of the LGBT community, as well as other vulnerable communities and minorities, such as Roma, so that they are able to exercise their freedoms of expression, association and peaceful assembly.
Summary of stakeholder information
2. Right to life, liberty and security of the person
35. Society for Threatened Peoples (STP) noted numerous violent attacks on homosexuals as prejudice against them were widespread among the general population in Serbia.
4. Right to privacy, marriage and family life
42. Joint Submission 4 (JS4) noted that in Southern Serbia, oftentimes, individuals who had undergone sex reassignment surgery must go to court to have their personal documentation changed. In such cases, some individuals must undergo a medical examination to prove the surgery, which imposes an infringement on privacy rights. JS4 noted that the Constitutional Court of Serbia delivered a decision in favour of a transsexual person who sued the Municipality for rejecting to change date on his birth certificate after sex reassignment procedure.
43. According to JS4, same-sex couples are deprived of any form of legal recognition thus deprived of any rights as a family even if they co-habit and constitute the de facto family. JS4 noted that same-sex couples were not allowed to jointly adopt children as Serbian law did not recognize any parental or custodial rights and obligations for a partner in a same-sex couple regarding the child of the other partner and prohibited second-parent adoption of the child.
6. Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
51. Amnesty International (AI) stated that the Government had failed to guarantee the rights of lesbian, gay, bisexual and transgender people to freedom of expression and assembly, for example by cancelling the 2011 Belgrade Pride event at short notice, and failing to effectively investigate threats to Pride organizers and participants and to bring the perpetrators to justice. JS4, JS7 and STP expressed a similar concern. JS3 recommended that Serbia ensure that the right to hold peaceful public demonstration is available to all individuals without undue restrictions.
7. Right to work and to just and favourable conditions of work
55. JS4 stated that the most common violation of the right of equality and protection against discrimination of LGBT people stemmed from termination of employment or refusal of employment due to the actual or perceived sexual orientation or sexual identity.
9. Right to health
65. JS4 noted that on 20 July 2011, the Serbian Parliament adopted new amendments to the Law on Healthcare, one of which refers to transsexual people that would enable sex reassignment procedures to be covered by health insurance. However, JS4 noted that the amendment was very vague and the Government failed to provide relevant institutions with clear instructions on implementing the Law.
III. References to SOGI during the Working Group review
A. Presentation by the State under review
11. Criminal legislation does not include “hate crime” as separate criminal offence but it does include a number of other offences that indirectly relate to such offence. Amendments to the Criminal Code in 2012 provide that, when a criminal offence is committed on the grounds of victim’s belonging to race or religion, national or ethnic affiliation, particular gender, sexual orientation or gender identity, court is obliged to consider it as an obligatory aggravating circumstance, relevant for determining the sanction, whenever it is not stipulated as a distinctive feature of a criminal offence.
30. Law on Prohibition of Discrimination and Labor Law explicitly prohibit discrimination based on sexual orientation.
31. The Conference “Combating discrimination based on sexual orientation and gender identity” (2012) was the first LGBT conference organized by the State.
B. Interactive dialogue and responses by the State under review
46. Ireland urged Serbia to ensure full implementation of the Criminal Code and the legal protection of all human rights defenders. It was concerned about reports of attacks on and discrimination against the LGBT community, of attacks on journalists and of political control of the media.
48. Japan noted with concern the reports of ongoing violence against women. Japan noted that LGBT parades were not permitted for security reasons. Japan hoped that the rights of persons belonging to vulnerable groups would be adequately protected and promoted.
57. The Netherlands stated that insufficient progress had been made to protect human rights defenders and journalists, referring to the recommendations made by CAT and shown by the EU Progress Report. It also mentioned that freedom of expression and associations for LGBT persons were limited.
58. Norway stated that some minority groups in Serbia were vulnerable to threats and continued to face challenges regarding the exercise of their rights, especially the Roma population and sexual minorities. It recalled the recommendation of the Special Rapporteur regarding human rights defenders.
73. Sweden noted a strengthened anti-discrimination legal framework, but remained concerned about the continued discrimination of LGBT persons. It noted Serbia’s efforts to fight corruption but that more would be needed for a sustainable approach to anti-corruption, including further work to ensure independence of prosecution and judiciary.
92. [The delegation of Serbia stated that the] Right of association of LGBT population is observed. According to the Constitution, associations are established freely, without prior approval and entered in relevant register. Secret and paramilitary associations are prohibited.
93. The LGBT community is granted all health insurance-related rights with no obstacles to their access to health care system. Amendments to the Law on Health Insurance (2011) granted the right to sex-change on medical grounds. Serbia is among few countries granting the right to sex-change for medical reasons covered by mandatory health insurance budget.
116. Austria was concerned of extremist groups’ attempts to intimidate journalists, human rights defenders through hate speech and asked for information on plans to ensure freedom of expression and association, and adequate protection to LGBT community.
118. Belgium welcomed Serbia’s legislation to ensure gender equality, but was concerned that many victims of trafficking and sexual exploitation were juveniles. It asked what measures would be taken in implementing Serbia’s global media strategy. It was also concerned by the banning of the “Pride Parade” in 2011 and 2012, adversely affecting LGBT rights.
120. Croatia welcomed Serbia’s establishment of a Council for National Minorities, the adoption of the Law on National Councils for National Minorities and the Anti-Discrimination Law. It asked what measures will be implemented to ensure appropriate representation of national minorities in the judiciary, administration and police and to develop a multi-ethnic, multicultural society. It asked Serbia to elaborate on why the fundamental freedoms of LGBT persons cannot be protected, in view of the worrying widespread discrimination against them. It encouraged it to further develop the concept of “hate crime”.
121. Brazil noted Serbia’s cooperation with the ICTY and its new legislation on the judiciary and asylum. Brazil also noted measures to fight discrimination and protect equality. Brazil asked whether Serbia intended to adopt new measures against sexual discrimination and gender identity.
131. The Czech Republic welcomed Serbian legislation protecting independent journalists and encouraged its implementation. It remained concerned about violence and threats to journalists and the effectiveness in combating domestic violence. It encouraged Serbia to ensure full respect of the rights of the LGBT community.
IV. Conclusions and/or recommendations
144. The recommendations formulated during the interactive dialogue listed below have been examined by Serbia and enjoy the support of Serbia:
144.5. Implement mechanisms to follow up UPR recommendations in order to verify the implementation and impact of policies and measures adopted to promote equality of rights and non-discrimination for all citizens, in particular the measures aimed at vulnerable groups such as women, children, ethnic minorities, the LGBTI community and persons in the situation of disability (Colombia);
144.13. Expand its intervention with the aim of better addressing racial prejudices, xenophobia, hate speeches and other forms of discrimination, in particular against Roma, women, persons with disabilities and the LGBT population (Italy);
144.14. Ensure adequate protection for all citizens, including members of the LGBT community, by, inter alia, allowing them assembly to publicly promote their human rights and identifying and prosecuting those who commit violence against those who participate in peaceful assemblies (United States of America);
144.15. Take concrete steps to protect its LGBTI citizens and their freedom of assembly and expression (Australia);
144.16. Enhance efforts to enable the lesbian, gay, bisexual and transgender (LGBT) community to exercize their fundamental freedoms of expression, association and peaceful assembly (Norway);
144.17. Respond effectively to discrimination and violence against LGBT persons and ensure their safety during public events such as the Belgrade Pride Parade (Austria);
144.18. Establish a more effective mechanism of dialogue with human rights defenders in the area of sexual minorities (Spain).
145. The following recommendations enjoy the support of Luxembourg which considers that they are already implemented or in the process of implementation:
145.23. Take further measures to eliminate discriminatory gender stereotypes (Republic of Moldova);
145.26. Take positive measures to protect and enhance the rights of LGBT persons and facilitate their integration into society (Belgium);
145.27. Put in place a policy of fighting discrimination based on sexual orientation and gender identity that would guarantee the rights of LGBT persons to freedoms of expression, association and peaceful assembly (France);
145.28. Ensure that LGBT persons in Serbia can exercise their human rights freely and in security, including fundamental freedoms such as the freedom of expression and the freedom of assembly and association (Germany);
145.29. Adopt all necessary measures to reduce prejudice and discrimination against the LGBT community, including through the training of the police, prosecutors and judges to respond effectively to violence against LGBT activists and to ensure the adequate protection of LGBT persons in the work place (Ireland);
145.30. Take further steps to protect the LGBT population from intolerance, hate speech, and physical attacks as well as to ensure the better inclusion of the LBGT population and to promote tolerance in this regard (Czech Republic);
145.76. Take steps to protect the right to freedom of assembly and freedom of opinion and expression by ensuring the effective investigation and prosecution of alleged threats and violence by various non-state actors and extremist groups toward individuals and groups, including civil society organizations and individuals based on their sexual orientation (Canada).
V. Adoption of the Report
The draft report of the Working Group was adopted at the 23rd session of the Human Rights Council in June 2013
Presentation by the State under review
[…] Je suis heureux de vous informer que la République de Serbie a déjà commencé avec la mise en œuvre de certaines recommandations adoptées. Une stratégie anti-discriminatoire a été formée, que le gouvernement adoptera d’ici la fin juin de cette année. Il s’agit du premier document stratégique visant à lutter contre la discrimination. La stratégie est national et comprend des activités visant à réduire le niveau global de la discrimination dans la société. Elle est axé sur l’amélioration de l’état de neuf groupes sociaux les plus vulnérables, qui peuvent le plus souvent être l’objet de discrimination, y compris les femmes, les personnes handicapées, les membres des minorités nationales, les communautés et les groupes religieux, les membres de la population LGBT, les personnes âgées, les enfants, réfugiés, des personnes déplacées internes (PDI) et des membres d’autres groupes de migrants vulnérables, ainsi que les personnes dont l’état de santé peut être le motif de discrimination. […]
Le Gouvernement de la République de Serbie a crée le Conseil des minorités nationales, afin de surveiller et d’examiner la mise en œuvre des droits des minorités nationales.
Actuellement, il y a des consultations entre les autorités gouvernementales et les représentants de la société civile concernant l’organisation de la Gay Pride à Belgrade en Septembre de cette année.
Enfin, je tiens à souligner que la République de Serbie reste déterminé à progresser dans le processus de démocratisation en respectant ses obligations internationales, afin d’atteindre les normes les plus élevées dans le domaine des droits de l’homme et des libertés fondamentales. C’est notre engagement sincère et à long terme comme une société démocratique.
Comments by States and other stakeholders
COC Netherlands & Labris, delivered by Joyce Hamilton
(watch video webcast, chapter 14)
I am making this statement also on behalf of Labris in Serbia.
We welcome the commitment made by the Serbian Government to the realization of human rights including those of lesbian, gay, bisexual and transgender people. We commend the Government for accepting recommendations to respond effectively to discrimination and violence against LGBT persons and ensure their safety during public events; to establish a more effective mechanism of dialogue with human rights defenders in the area of sexual minorities, and to take concrete steps to protect its LGBTI citizens and their freedom of assembly and expression.
Despite improvements, the situation for LGBT people in Serbia remains difficult.
The law on amendments and addenda of the Criminal Code was adopted by legislators in December 2012, and it now treats the homophobic and/or transphobic motive of the crime as an aggraviating feature. The government has started working on a National Strategy against discrimination and a discussion on the rights of trans people has started.
At the same time, however, the right to freedom of assembly of LGBT people was violated again in October 2012 as Belgrade Pride was banned by authorities. The risk of physical attacks and threats against members of the LGBT community also continued to be high. During 2012, 14 cases of brutal attacks have occured and these are only the cases reported.
Therefore, we urge the Serbian government:
- To launch a public debate on legislative proposals of interest to the LGBT community and an immediate adoption of new laws that are not disputed in the public, such as the Law on Recognition of Legal Consequences of Sex Change.
- To investigate and sanction all individuals whose threats and preparing for violence caused the ban of Belgrade Pride 2011.
- To adopt the National Strategy against Violence and the Action Plan, which will contain sections relating to the suppression of specific forms of violence that members of the LGBT community are exposed to, or the attackers believe that they belong to the LGBT community.
- To establish a cooperation of government agencies and their openness to trainings on human rights of the LGBT community, including in police forces and the judiciary.
We call on the government to continue its commitment to non-discrimination and equality of LGBT persons by providing the legal protection against human rights violations, discrimination and violence that LGBTI people face and make human rights a reality for all people regardless of their sexual orientation or gender identity.
Thank you
VI. Further information
UPR Documentation
National report : A | C | E | F | R | S
Compilation of UN information: A | C | E | F | R | S
Summary of stakeholders’ information : A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1: E
Addendum 2: E
Addendum 3: E
Outcome of the review
Report of the Working group: A | C | E | F | R | S
Addendum 1: A | C | E | F | R | S