Situation of national minorities in Vojvodina and of the Romanian ethnic minority in Serbia
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 1 October 2008 (33rd Sitting) (see Doc. 11528, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Herrmann). Text
adopted by the Assembly on 1 October 2008 (33rd Sitting).
See also Recommendation
1845 (2008).
- Thesaurus
1. The Parliamentary Assembly notes
that Europe’s societies are today multicultural and multi-ethnic
in character.
2. It resolutely defends cultural diversity, the importance of
which is highlighted in several Council of Europe instruments and
especially the Framework Convention for the Protection of National
Minorities (ETS No. 157) and in the European Charter for Regional
or Minority Languages (ETS N°. 148).
3. Diversity is not to be perceived as a threat, but as a source
of enrichment. It should be respected and preserved as a fundamental
component of any democratic society. Upholding the principles of
human rights, rule of law and democracy is the best guarantee of
respect for diversity.
4. Serbia, like the entire region of the Balkans, is one of Europe’s
most multicultural countries. It must take up the inherent challenges
of all multicultural societies by promoting a vision of society
founded on respect for diversity, and by combating all forms of
intolerance and discrimination.
5. The region, Serbia included, remains marked by interethnic
tensions. Even today, ethnic incidents, with varying degrees of
intensity, are recorded in Serbia.
6. The Assembly stresses that intercultural dialogue and respect
for the diversity of cultures are guarantees of long-term peace
and stability in the region.
7. Whereas ethnic incidents are currently few in the Serbian
province of Vojvodina, a province whose composite ethnic make-up
is one of the most pronounced in Serbia, it must be noted that in
2004 – a period marked by numerous and alarming interethnic incidents
– the authorities reacted far too tardily.
8. The Assembly urges the Serbian authorities to react at all
times with great celerity and firmness against the perpetrators
of interethnic violence in all its forms.
9. The Assembly welcomes the fact that a number of praiseworthy
initiatives, including the 2002 legislative package and the new
2006 Serbian Constitution, have been taken to advance the rights
of national minorities, and encourages the authorities to pursue
their efforts.
10. In this respect, the Assembly is very pleased to note that,
since the last elections, the position of Minister for Human and
Minority Rights has been reinstated and that the representatives
of minorities are part of the ruling coalition with ministerial
mandates.
11. These efforts should be backed up by a communication policy
on the part of the state authorities, religious institutions and
the media to promote the spirit of tolerance and intercultural dialogue
and to combat discrimination.
12. The Assembly is pleased to note that a draft law against discrimination
has been prepared and submitted for comment to the European Commission
for Democracy through Law (Venice Commission). The speedy adoption
and implementation of this law is especially important for the prevention
of any future discrimination against members of national minorities.
13. The Assembly is of the opinion that the ombudsman could and
should perform an important role here. It therefore welcomes the
long-awaited appointment of the Ombudsman of the Republic of Serbia
on 29 June 2007.
14. Furthermore, the authorities must continue their efforts in
building minorities’ confidence in the state’s representatives and
combating prejudice against minorities that may persist within the
law enforcement agencies and the judiciary. The Assembly welcomes
the existence of a programme to increase the representation of members
of minorities in the police and judicial establishments, notably
the establishment of a multi-ethnic police force in southern Serbia.
It encourages the authorities to extend and apply this initiative
to other regions and especially Vojvodina.
15. The Assembly is nonetheless concerned to observe serious deficiencies
in making minority rights a reality. It is the duty of the national,
regional and local authorities to ensure full implementation of
the relevant legislative provisions.
16. Some legislative provisions have been lacking for several
years, and this prevents the potential of the legislative framework
developed in 2002 from being exploited to the best effect for the
benefit of members of minorities.
17. The Assembly is of the opinion that these shortcomings in
the legislative apparatus impair the credibility of the authorities’
political will as regards minority rights and is not conducive to
building the confidence of the members of national minorities in
the authorities.
18. The Assembly is also concerned about divergences observed
between regions in the enforcement of the rights of minorities and
in the effective access to those rights for their members. It observes,
in particular, that the members of national minorities in eastern
Serbia are in a distinctly less favourable position than those of Vojvodina.
19. As to the question of the identity of minorities, and especially
with regard to the debate over the Romanian and Vlach minorities,
the Assembly recalls the principle set out in Article 3 of the Framework Convention
for the Protection of National Minorities and reaffirms that any
attempt to impose an identity on a person, or on a group of persons,
is inadmissible.
20. The Assembly therefore encourages the members of the Romanian
and Vlach minorities in eastern Serbia to combine their efforts
and overcome their internal disagreements in their own interest
and in order to preserve the distinctive traits that make up their
identities. Here the Serbian authorities have a duty not to impede
but to support initiatives in that direction.
21. The Assembly is aware of the concerns raised by the Venice
Commission about the 2006 Law on Churches and Religious Organisations
in the Republic of Serbia and shares its recommendation that a more precise
conception of the legal status of canon laws and ecclesiastical
decisions be provided. Furthermore, the Assembly urges the Serbian
authorities to co-operate with both the Serbian Orthodox Church
and the Romanian Orthodox Church in finding a practical solution
whereby freedom of religion is made a reality in eastern Serbia,
as it is already the case in Vojvodina.
22. Finally, aware that co-operation between the state of residence
and the kin-state under bilateral agreements is of real value in
guaranteeing stability in Europe, the Assembly calls upon the Serbian
authorities to intensify their good neighbourly relations with the
kin-states (Romania, Hungary, Croatia and "the former Yugoslav Republic
of Macedonia") by fully implementing the bilateral agreements which
they have signed. The same applies to the authorities of the kin-states.
23. Accordingly, the Assembly invites the competent authorities
of the Republic of Serbia to:
23.1 pay
greater attention to allegations of interethnic violence and deal
with them expeditiously, firmly and efficaciously, particularly
by means of effective police investigations and judicial proceedings;
23.2 ensure that the legislation on the rights of minorities,
particularly the laws enacted in 2002, are effectively implemented;
23.3 establish as speedily as possible the fund for promoting
the social, economic, cultural and general development of national
minorities provided for in section 20 of the 2002 Framework Law
on the Protection of the Rights and Freedoms of National Minorities;
23.4 rapidly pass a law against discrimination, taking into
account the comments made by the Venice Commission;
23.5 adopt as a matter of priority the legislative texts on
the election, competences and financing of the national councils
for national minorities, taking account of the comments by Council
of Europe experts on the draft law on elections;
23.6 define more precisely the functions and obligations of
the various national councils for national minorities while granting
them the necessary funds to accomplish their missions;
23.7 introduce a mechanism enabling the various national councils
for national minorities to supervise the acts of the executive with
regard to the rights of minorities;
23.8 convene more frequent and regular meetings of the National
Council for National Minorities;
23.9 consider appointing a deputy ombudsman in charge of questions
relating to the rights of minorities;
23.10 while acknowledging the improvements contained in the
new constitution in this respect, further strengthen the stability
of the budgets of the autonomous provinces;
23.11 take positive measures in favour of all persons belonging
to national minorities, and to eradicate all discrimination against
their members;
23.12 intensify their efforts for the furtherance of initiatives
to promote a spirit of tolerance and intercultural dialogue;
23.13 step up initiatives to train teachers with the requisite
qualifications for language teaching and teaching in minority languages;
23.14 continue developing bilingual and mother-tongue schools;
23.15 eliminate the regional differences that exist in effective
safeguards for the rights of minorities (particularly for the use
of minority languages in public administration, education in minority
languages, freedom of religion, etc.) by the full application throughout
the territory of the existing legislation in these matters;
23.16 take the necessary measures in order to facilitate, for
the Vlachs/Romanians living in eastern Serbia (the Timoc, Morava
and Danube valleys), access to education, the media and public administration
in their mother tongue and to enable them to hold religious services
in that language;
23.17 identify and apply technical solutions which would enable
persons living in eastern Serbia to receive broadcasts in Romanian
produced in Vojvodina;
23.18 provide for exceptions to the media privatisation procedures
for the benefit of the media operating in minority languages, in
order to ensure their viability.
24. The Assembly also calls upon Serbia and the kin-states concerned
to convene as early as possible the joint intergovernmental committees
provided for in the bilateral agreements concluded by them on co-operation in
the field of the protection of national minorities.
25. The Assembly invites its Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee) to take proper account of the proposals contained in this
resolution while conducting its dialogue with the Serbian authorities.
