Ministry of Human and Minority Rights Of

MINISTRY OF HUMAN AND MINORITY RIGHTS OF

SERBIA AND MONTENEGRO

REPLIES TO THE

QUESTIONS OF THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS RELATED TO THE INITIAL REPORT OF SMN ON THE APPLICATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE FRY FOR THE PERIOD 1992 – 2002

Belgrade, March 2005

I. GENERAL FRAMEWORK FOR THE IMPLEMENTATION OF THE COVENANT

2. Does the State party envisage elaborating a national plan of action for the protection of

human rights in accordance with the Vienna Declaration and Programme of Action of 1993 ?

The State Union of Serbia and Montenegro (SMN) attaches importance to the Final Document and the Programme of Action of the 1993 World Conference on Human Rights. Bearing in mind the period under review, the fact that the state was then outside the UN, the political view has prevailed that the decisions taken by the conferences not attended should not be implemented and due to that no National Action Plan was drawn up.

With the democratic changes, a different road was opted for. Certain important issues were settled and special action plans or national strategies were elaborated in order to settle particular issues (e.g. the Roma issue, the question of refugees, etc.). In the Poverty Reduction Strategy adopted by both member states, human rights have an important place and particularly the rights of vulnerable population categories, women, children and the elderly. At the same time, both member states adopted the National Plans for Children and the adoption of the National Plans for the Advancement of Women is in store.

3. Does the State party envisage establishing a national human rights institution in accordance with the Principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles, General Assembly resolution 48/134, annex)?

The draft law on Ombudsperson is in the process of adoption in the Republic of Serbia.

Towards the end of 2002, the institution of Ombudsperson was established on the level of local self-government, i.e. the Assembly of AP Vojvodina passed a decision on the Provincial Ombudsperson (Official Gazette of AP Vojvodina, No. 23/02). Pursuant to the provisions of Article 1 of the Decision, the provincial Ombudsperson is an independent and autonomous body which is duty-bound to look after the protection and promotion of human rights and liberties of every person and protect their rights and liberties against violations by the provincial and local authorities as well as by the institutions of the bodies and organizations having administrative and public powers founded by the Province or the municipality concerned. The Provincial Ombudsperson controls the legality of the operation of these bodies as well as the appropriateness and efficiency of their actions.

Under the Decision, the provincial Ombudsperson has five deputies, two for general affairs, one for national minorities, one for gender equality and one for children’s rights (Article 6, paragraph 1 ).

4. Please indicate to what extent the Covenant is reflected in the domestic legal order and if

the provisions of the Covenant can be invoked before the courts. Ptease cite if any, examples of case law in which the Covenant has been applied.

Pursuant to Article 16 of the Constitutional Charter of the State Union of SMN (Official Gazette of SMN, No 1/2003), all ratified international treaties and the generally accepted rules of international law have primacy over the law of Serbia and Montenegro and that of the member states. Likewise, in accordance with Article 7 of the Charter of Human and Minority Rights and Civil Liberties (Official Gazette of SMN, No. 6/2003), human and minority rights laid down by the generally accepted rules of international law as well as by international treaties applicable to the state union are guaranteed by the Charter and are implemented directly.

5. Please indicate the position of the State party on the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights.

The State Union of Serbia and Montenegro attaches major importance to the elaboration and negotiations being conducted over the Optional Protocol Additional to the International Covenant on Economic, Social and Cultural Rights. The hitherto course of negotiations indicates that this is a complex issue. The adoption of such a Protocol is supported as it would make it possible for individuals to make applications for violations of the rights embodied in the Covenant.

6.Please provide Inrbnnation oo whether non-governmental organizations were consulted in the process of preparing me report.

Only the competent line authorities took part in the elaboration of the Report pertaining to the State Union and the Republic of Serbia.

7. Please provide information on measures taken by the State party to increase awareness among the public at large and in particular among teachers judges, police officers and other public authorities, as well as economic actors, of the provisions of the Covenant. Is there any information on the Covenant in the minority languages?

The Ministry of Human and Minority Rights of SMN provided for the printing and distribution of the Report. In addition, the electronic version of the Report was placed on the Ministry’s website in order to make it available to the general public.

A seminar for training the federal administration officials and the officials of the Republic of Serbia on how to make the report on the application of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, organized by the Belgrade Office of the UN High Commissioner for Human Rights and the Federal Ministry of Justice, was held in 2002. 27 representatives of the line Ministries took part and having mastered the work methodology and the method of drawing up the report according to the UN standards, they were involved in the elaboration of the national report on the application of international conventions in the field of human rights.

II. ISSUES CONCERNING THE GENERAL PROVISIONS OF THE COVENANT (Art. 1 – 15)

Article 2, paragraph 2

Non-discrimination

8. Please provide clear indication of the provisions that could lead to the limitation of human and minority rights enumerated in the Charter of Human and Minority Rights and Civil Liberties. Have there been any court decisions on cases of human and minority rights limitations?

The Law on Employment and Insurance Against Unemployment (Official Gazette of the Republic of Serbia, No. 71/03) is a systemic and a reform law. This law is in harmony with the international conventions in the field of labor as well as with the EU Establishment Treaty, the Amsterdam Treaty, the decisions of the Council of Europe, the EU Guidelines for Employment Policy, the EU Employment Strategy, the relevant EU Directives and the highest standards of comparative law in the field of employment. It meets the criteria of the European Union and fulfills all the conditions stipulated for the EU member states.

The Law on Employment and Insurance Against Unemployment, Article 8 enunciates the principles of equal access, action and prohibition of discrimination in employment.

In the enforcement of this law, other regulations and statutes of the National Employment Service and the agency, a person seeking a job is ensured equal access to recruitment services and equality in the job placement procedure, irrespective of his race, color of his skin, national affiliation, ethnic origin, language, religion, political or other opinion and conviction, social background or origin, material status, marital or family status, family responsibility, age, membership of a trade union, association or a political organization or any other circumstance which may be the basis for discrimination or unequal action towards individuals among whom there are differences which are not related to the nature of the tasks to be carried out at the work post concerned. Likewise, equal access to jobs and equality in the procedure of job placement of women and men is guaranteed.

9. Please provide information on measures taken to promote economic, social and cultural

rights of refugees and internally dispaced persons, especially for the most vulnerable groups like children, women, persons with disabilities and other persons.

The economic and cultural rights of refugees and displaced persons do not differ from the same rights for the local population, particuloarly in the field of employment and cultural promotion. Social rights flow from the settlement of social problems – unemployment, poverty, aging of the population resulting in the pension funds crisis, the need for health care services, affordable education and balanced migration flows. All refugees have the right to regular schooling and use of regular health care services.

Social security covers the following rights: material provision, allowance for assistance and care provided by another person, assistance in training for a job, home help, day care, accommodation at a social institution or placement with another family, social work services, facilities provided to a beneficiary before he is placed with another family and the lump-sum cash benefit.

The rights such as material provision, allowance for assistance and care by another person and home help require of the persons concerned to have habitual place of residence on the territory of SMN. The social work services (counseling and therapy) are fully accessible to refugees and lump-sum cash benefits only depending on the financial standing of the competent social work center. Placement with an institution or another family as a way of providing for refugees who cannot move or can only move a little and disabled persons, elderly persons, children without adequate parental care are also available fully to the beneficiaries.

All expellees and displaced persons have the right to take up jobs. Disabled expellees and IDPs approach the competent branch office of the National Employment Service depending on their place of residence. Records are kept on them by occupation and level of qualifications they have (except at the Belgrade Branch Office where there is a separate labor mediation unit for disabled persons for all occupations). These persons are, in their rights, equal to other jobless persons, in accordance with the Law on Employment and Insurance Against Unemployment (Official Gazette of the Republic of Serbia, No. 71/2003).

To ensure the enforcement of the above Law, the following measures have been taken:

1. Self-employment programs (Din 74,000 provided for outfitting work posts for disabled persons; the amount is a grant given to any employer who takes on a disabled person).

2. Financing the salary of the employed disabled persons over a period of 12 months (80 percent of the monthly salary average paid in the republic enterprise sector according to the latest figures released by the Republic Statistical Office), on the principle of reimbursement (this does not apply to employment at protection workshops).

3. The salaries of disabled persons employed at protection workshops are reimbursed 50 percent of the monthly salary average in the republic enterprise sector according to the latest figures released by the Republic Statistical Office (Law on Training and Employment of Disabled Persons, Official Gazette of the Republic of Serbia, No. 25/96).

4. The right to job counseling, retraining and additional training (professional assistance by a psychologist in occupation choice making).

10. Please indicate the impact of the adoption and implementation of the Strategy for the

Integration and Empowerment of the Roma, especially in combating discrimination in access to employment, health and social welfare.

In the course of implementing the Strategy for the Integration and Empowerment of the Roma, the Ministry of Human and Minority Rights of SMN has promoted partnership with NGOs, the local community, financial and logistical support to action projects, support to the empowerment of the Roma population from within through cooperation with their representatives, creation of conditions for accessibility of the rights they are entitled to under the law as well as inter-ministerial cooperation in the main areas like education, employment, settlement of housing problems and health care.

To that end, the financing of action projects was ensured through the Social Innovation Fund and their implementation commenced in 2003. They are as follows:

1. ‘Assistance to ensure self-assistance’ (Bela Palanka, Vladicin Han, Lebane);

2. ‘Playroom – the Roma heart’ (Belgrade);

3.’I think of tomorrow’ (Kovin);

4. ‘Kindergarten Rainbow’ (Kragujevac);

5. ‘Involve them too’ (Kraljevo)’

6. ‘Little school of family life’ (Nis);

7. ‘Roma Center’ (Nis)

8. ‘Roma children’s center’ (Nis)

9. ‘Use knowledge to counter prejudice’ (Topola);

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Organization / Partners / Location / Name of project / Brief descriptionс / Number of beneficiaries / Target group / Period (months),) / Budget / Code
NGO Society for Advancement of Roma Settlements, Belgrade / Social work center Bela Palanka, Social work Center Vladicin Han, SWC Lebane / Bela Palanka, Vladicin Han, Lebane / Assistance to enable self-assistance / Assistance to the Roma to ensure their more efficient access to public services / 1415 / The Roma / 12 / 1.606.693,00 / The Roma
NGO ‘Roma Heart’, Belgrade / City Center, Belgrade
Departmet Palilula and NGO “Open door” Belgrade / Belgrade / Playroom ‘Roma Heart’ / Encouraging speech development; Visual arts and musical creativity; Mastering initial mathematical notions; Developing cultural and hygienic habits as wellas the Activities for preparing children for school. Simultaneus work will be done with parents to assess the need for their children’s education and their participation in that process as well as to assist parents to obtain documents for school enrolment. / 40 / Children from the Deponija (Landfill) settlement aged from 3 – 9 / 12 / 2.615.918,00 / The Roma
Social work center Kovin / Kovin / I think of tomorrow / Familiarize children, members of the Roma national minority with the achievements of modern society and life within psycho-social support workshops
work with individual children. / Not indicated / Children belonging to the Roma national minority
Red Cross Kragujevac / Cultural-economic-social society ‘ROM’ / Kraljevo / Involve them too / Involvement of the youngest population in public life. Teaching them the basic communication skills, promotion of dialogue and tolerance in the local community at workshops (psychological, health-educational and for socialization purposes), field classroom, outings, education of the parents / 220 / Children aged 4 – 6, adolescents and adult Roma parents living on the outskirts of Kraljevo in the Roma I and Roma II settlements. / 12 / 918.200,00 / The Roma
NGO ‘Zagrljaj’ (Embrace) – Topola / NGO ‘Romski djurdjevak’ (The Roma Lily of the Valley) and the social work center ‘Sava Ilic’ Arandjelovac, Office in Topola / Topola / Use knowledge to counter prejudice / Establish a network of partners involved in the project (CSR, NGO, kindergarten, elementary school, Municipal authority Topola, youth cooperative, employers). Inclusion of Roma children in the pre-school institution. Educate Roma children – assistance in their studies and in doing homework. Work with Roma parents. Set up a legal counseling center. Set up a clearing center to provide information on job opportunities. / – 20 children of Roma nationality
- 40 parents
- 121 Roma from the territory of the municipality / The Roma / 12 / 734.040,00 / The Roma

Table No.1.