| Support to the Implementation of Anti-discrimination Legislation and Mediation in Serbia |
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In the year following the adoption of the Law on the Prohibition of Discrimination in Serbia, the CHRIS Network joined the project “Support to the Implementation of Anti-discrimination Legislation and Mediation in Serbia”. The project is implemented in partnership between the Ministry for Labour and Social Policy of the Republic of Serbia and the UNDP Serbia, and funded by the European Union. In response to the goals set, the five CHRIS offices
designed an affiliated project "Open Forum" to present the Law, inform
on anti-discrimination legislative framework, and raise awareness on the
role of Alternative Dispute Resolution techniques in implementing
anti-discrimination provisions. Why is this needed?
The Law on Prevention of Discrimination was adopted on 26 March 2009, following incessant NGOs activities to have this most significant law in human rights domain in Serbia. However, its adoption triggered public turmoil in the country. The Parliament passed the bill with a slim majority. So, the lawmakers gave their final approval on an anti-discrimination law that is a part of pro-EU reforms but some articles were strongly opposed by the conservative parties and traditional churches. The legislation was part of reforms to align the country with the European Union policies and was crucial if Serbian citizens were to gain the right to travel without visas to the 27 EU member nations. The law bans any kind of discrimination, whether based on race, ethnicity, religion, political or other beliefs, gender, disability, sexual orientation, personal characteristics, or other factors. It also provides for a special state representative Commissioner for the Protection of Equality to monitor possible discrimination, and outlines punitive measures. Article 1 This Law shall regulate the general prohibition of discrimination, the forms and cases of discrimination, as well as the techniques of protection against discrimination.
Regrettably, the adoption of the long awaited law did not mean its implementation out of many reasons. Noticeably, the local institutions representatives were rarely given an opportunity to meet and discuss the Law with relevant experts and to boost their professional capacity in this area. Furthermore, on local level, it has been perceived that state institutions officials do not see the necessity to establish cooperation with local civil society organisations and form partnerships in order to provide adequate protection in discrimination cases. Based on this knowledge, the Network set a goal to initiate the process of liaising and establishing cooperation among key institutions on local level in a process of practical implementation of the Anti-discrimination Law that would lead to a greater synergy of the governmental and non-governmental sectors with an aim to ensure respect of the Law and adequate protection of discrimination victims. In support of it, presentation of ADR techniques which can complement the law was included putting in the picture the perspectives of its use in cases of discrimination. To bring this about successfully, the CHRIS Network organised “Open Forum” seminars and engaged very prominent lecturers on the two topics; and invited the stakeholders from local administrations, district and municipal courts, prosecutor offices, local police administrations, legal aid offices, ombudsman offices, lawyer bar associations, social welfare centres, health centres, educational institutions, NGOs, and media from Novi Sad, Novi Pazar, Valjevo, Niš, Negotin, and Bujanovac and Vranje.
Special attention was drawn to the ADR techniques use in discrimination cases and to creation of system of directing discrimination cases that fit the alternative dispute resolution techniques. The participants were explained the difference between mediation and court procedure; mediation standards and principles, prejudices and stereotypes; obstacles in mediation; damages settlement signed by both parties in conflict and mediator; shorter conflict resolution period; the accused is to give evidence; and the parties discuss the problem to find a common, satisfactory solution. It was highlighted that mediation is prevention and education with an aim to protect victim, reaching mutually acceptable solution; and, importantly, it serves as prevention of discrimination repetition. The ADR mediation phenomenon was also practically introduced through a mediation skill exercise; and a film on application of mediation completed the picture. All the seminars participants were given a UNDP publication “Perspectives for the Use of Alternative Dispute Resolution Techniques in Cases of Discrimination in Serbia”. From the first seminar in Negotin to the last one in Bujanovac, there was no doubt that both the Law and ADR techniques captured the participants’ interest. Their questions and comments created an interactive working atmosphere where a lot has been learnt, discussed, and future cooperation initiated. The participants’ feedback on their readiness to apply the Law and learn about mediation was highly encouraging. The organisations representatives expressed willingness for coordination and implementation of activities. However, there was a strong impression that mediation, in particular, is not a familiar subject among majority of participants. Based on analysis of the events, the Network reiterates the need to continue education on the Anti-discrimination Law and mediation; to create programmes for different target groups; to strengthen local “focal points” that will coordinate future activities with representatives of organisations and institutions on local level and facilitate application of the Law and the ARD techniques. The constructive energy from the seminars was presented publicly. Local TV stations coverage helped to sensitise the citizens to respect the rights of discriminated persons and marginalised groups and contribute to creation of environment where the principle of equality is an imperative. The Network used this opportunity to educate citizens how to recognise discrimination, to incite an active attitude to discrimination cases, and to inform them on the Alternative Dispute Resolution (ADR) techniques. In Your opinion, is the topics selection for this seminar reasonable and adequate?
To what degree is Your interest in the topics raised?
Are there possibilities for practical application of the knowledge and skills You have acquired?
- from the Seminar Evaluation answers - 148 representatives from 25 different organisations and institutions welcomed the concept and content of this pilot project, which made a strong impact both in the experts and public area in Serbia outside the capital. The CHRIS Network expresses its gratitude to all the state institutions, organisations, and non-governmental organisations that have continued and enriched our cooperation to the benefit of our communities and society at large. The CHRIS Network is grateful to the commitment and professionalism of the Centre for Legal Studies Advancement Belgrade, citizens' associations “...from Krug” Novi Sad, “Kokoro” Bor, and Centre for Democracy and Development Bujanovac; and the lecturers Goran Miletić and Blažo Nedić. Over 600,000 viewers in Serbia had a possibility to be informed about the anti-discrimination legislation and mediation in Serbia through 180-minute TV programmes realised in cooperation with TV SEZAM PLUS Negotin, TV Apolo Novi Sad, RTV5 Niš, RTV Jedinstvo Novi Pazar, RTV Marš Valjevo, and TV Bujanovac with the seminar’s coverage in Serbian and Albanian. „Implentation of the new Law depends on all of us –
citizens, media, courts and the newly elected Commissioner. Only if all
actors have an adequate response to discrimination cases, Serbia will
become a country in which equality guaranteed by the Constitution is
respected in reality. The Antidiscrimination Law must be a mechanism
that will enable a fast response in cases when this constitutional
principle is endangered.“ Goran Miletić, HR Legal advisor, Civil Rights Defenders |
The
CHRIS Network first attempted to raise awareness of the importance and
urgency of adopting the law reaching out to relevant institutions, media
and wider public in its advocacy campaign in 6 towns in Serbia in 2006.
In ten-year long practice of defending human rights and providing free
legal aid to citizens, the Network followed-up inefficient
investigations, prosecution and punishment of persons exercising
discrimination and witnessed absence of public response in
discrimination cases.
In
an eight-month period (December 3, 2009 to August 03, 2010), these one-
and two-day seminars presented significant legislation development in
the protection of the rights of Serbian citizens in regard to respect of
equality and prohibition of discrimination. Presentations on the Anti
Discrimination Law covered discrimination in general, discrimination
forms in national legislation and international regulations that are
binding for Serbia. It was noted that Serbia today has a modern law with
a long list of discrimination forms and it is now up to the courts and
prosecutors offices to implement it. Many examples of direct and
indirect discrimination, and non-discrimination cases were given to
illustrate the fact that it is a part of everyday life in Serbia and
everywhere.