Republic of Serbia Ministry of Labour and Social Policy

Report on the Capacity Development and Institutional Strengthening of the Commissioner for the Protection of Equality

The project “Support to the Implementation of Anti- Legislation and Mediation in Serbia” is implemented by the Ministry of Labour and Social Policy of the Republic of Serbia and the United Nations Development Programme and is funded by the European Union. 2 Report on the Capacity Development and Institutional Strengthening of the Commissioner for the Protection of Equality

April 2010.

3 4 Contents

1. EXECUTIVE SUMMARY 6 1.1 Background 6 1.2 Objectives and Methodology 6 2. OVERVIEW OF THE INSTITUTIONAL AND NORMATIVE FRAMEWORK SURROUNDING THE ESTABLISHMENT OF THE CPE 7 2.1 International and EU Anti-Discrimination Framework 7 2.2 Anti-Discrimination Legislation in the EU 7 2.3 Anti-Discrimination normative framework in Serbia 7 2.4 The Law on the Prohibition of Discrimination in Serbia 8 2.5 National human rights institutions/specialized equality bodies 8 2.5.1 International Framework 8 2.5.2 EU Framework 8 2.5.3 Types of Equality Bodies in the EU 9 2.5.4 Applicable Standards 9 2.6 Relevant independent bodies in Serbia 11 2.6.1 Commissioner for the Protection of Equality in Serbia 11 2.6.2 Ombudsman 12 2.6.3 Commissioner for the Protection of Equality in Serbia 13 3. STRATEGY FOR SUPPORTING THE INFRASTRUCTURE OF THE CPE 13 3.1 Staffing 13 3.1.1 The Assistants 13 3.1.2 Expert Service Staff Members 15 3.1.3 Communications 16 3.2 Individual Complaints 16 3.3 Reporting Procedures 18 3.4 Promotion of equality and outreach 18 3.5 Training 19 3.6 Research and knowledge management 20 3.7 Networking 20 4. RECOMMENDATIONS 21 4.1 Recommended Principles 21 4.2 Staffing 22 4.3 Reporting procedures 22 4.4 Individual Complaints 22 4.5 Promotion of equality and outreach 22 4.6 Training 23 4.7 Research and knowledge management 23 4.8 Networking 23 5. PROPOSED STUDY TOURS 24 5.1 Austrian Ombud for Equal Treatment 24 5.2 Bulgarian Commissioner for the Prevention of Discrimination 24 5.3 Slovak Centre for Human Rights 24

ANNEX I - Diversity among equinet members 25 I - List of current Equinet Members 28 II – List of Equinet Observers 33

5 2009. In its continuation the Project aims to support the implementation 1. Executive Summary of Law on anti-discrimination and further legislative development in the specific areas of discrimination; to provide capacity building on anti- discrimination regulations and policies and their implementation to the relevant institutions dealing with the implementation, including the 1.1 Background future Office of the Commissioner for the Protection of Equality (CPE). Serbia has embarked upon a large-scale social, political and economic The CPE is due to become operational from January 2010. reform process. In this context, legal reforms are being implemented to standardize Serbian laws and rules according to EU requirements. 1.2 Objectives and Methodology Furthermore, Serbia’s return to the fold of the international community will require that its Government bring national legislation and practice This Report is based upon detailed research into other European equality into line with the requirements of international treaties, conventions bodies and their best practices and provides recommendations and and institutions. As part of the wide-ranging effort to fulfill the criteria policy advice on strengthening the capacities of the CPE including the for closer integration with the European Union, a key component has following: been devoted to the introduction of legislation seeking to effectively 1. An assessment of the capacity development of the CPE (transfer prevent and combat discrimination of minorities and vulnerable groups of know-how and lessons learned), with an overview of the in Serbia. institutional and normative framework surrounding the establish- During 2006-2007 the Agency for Human and Minority Rights of ment of the CPE and best practices of well established equality the Republic of Serbia and UNDP, in partnership with the European bodies and how they can be adapted to the Serbian context. Agency for Reconstruction (EAR) under the 2005 CARDS programme, 2. A Strategy for supporting the CPE’s infrastructure, including: supported the preparation of a comprehensive Draft Antidiscrimination - The establishment of internal procedures for the co- Act elaborated with governmental support and in cooperation with ordination of the work of the CPE - staffing international agencies. This Draft Act substantiates the policy statements of the Government and confirms a trend which was already initiated in - Guidelines for the establishment of cases to be liti- sectoral legislation. In order to increase the impact of the legislative work gated before the CPE – complaints procedures undertaken until now, and to guarantee the effectiveness of present and - Promotion of equality and outreach forthcoming provisions, the project, “Support to Implementation of - A system of standardized education and training on Anti-discrimination Legislation and Mediation in Serbia”, is implemented anti-discrimination standards and best practices in by the Ministry of Labour and Social Policy and UNDP in partnership with their implementation for CPE staff and others the (EC). The project components are: - Research and Knowledge Managements • Institutional support to the agencies and bod- - Networking ies involved in the implementation of current and future antidiscrimination legislation; The method, which was used, for undertaking the Report demanded that • Enhancing and mainstreaming further legislative de- the data and the information be gathered from various sources namely; velopments in the field of antidiscrimination; 1. Interviews/consultations which were conducted • Strengthening the role of alternative dispute with representatives of other equality bodies resolution mechanisms in the overall implemen- 2. Desk research tation of antidiscrimination provisions; 3. In-depth online research and analysis • Awareness raising within key groups and the soci- ety at large on the importance of equal treatment and 4. Consultations with UNDP staff and consultants the relevance of new antidiscrimination rules; It is worth noting that at the time of this report the CPE has not yet been The Law on the Prohibition of Discrimination in Serbia (hereinafter the established and as such it is impossible to accurately assess its capacities Law on Anti-Discrimination) was adopted by the Parliament on March 26 from an organisational or individual point of view. However, this report

6 considers the enabling environment and makes general recommendations forms of discrimination. Finally, the prohibition of discrimination has relating to the other two levels of capacity development. In the interests been incorporated in some treaties dedicated to specific issues. of brevity and not wanting to repeat large tranches of text, the author has not included a list of recommendations in the executive summary 2.2 Anti-Discrimination legislation of the European Union however these can be viewed in Chapter 4. The most comprehensive of all are the provisions of Article 13 of the EC Treaty. Based on these provisions, the European Union is vested with special powers in combating discrimination based on sex, racial or ethnic background, religion or belief, state of disability, age or sexual 2. Overview of the Institutional orientation. Although it is not legally binding, the Charter on the and Normative Framework sur- Fundamental Rights of the European Union (hereinafter: the EU Charter) is also important, since its provisions contain exceptionally wide grounds rounding the establishment of for the prohibition of discrimination. The list comprises all the six forms of discrimination prohibited by Article 13 of the EC Treaty and an additional the CPE seven forms of discrimination whose legal evolution will hopefully follow (ethnic or social origin, genetic features, language, political or other beliefs, membership of a national minority, property, birth). There are also numerous secondary sources of EU law relation to the prohibition of 2.1International Anti-Discrimination Normative Framework discrimination in the form of Directives. The Lisbon Treaty, which entered Anti-discrimination legislation helps guarantee equal opportunities into force on 1 December 2009, makes the Charter of Fundamental Rights in economic, social and public life for all members of society. At the legally binding1 and includes a new general obligation for the EU to international level, there are numerous laws, conventions, declarations combat discrimination and exclusion. and covenants that assume, imply or even require mandatory enactment of antidiscrimination norms in domestic legislation. While some of these 2.3 Anti-Discrimination Normative Framework in Serbia norms are legally binding, others are not (the so-called “soft law”), but they all provide a climate in which states are required to prohibit all forms Serbia has taken a number of measures to improve its anti-discrimination of discrimination in their legal orders and effectively implement such legislative provisions. It is a party to the Convention on the Elimination anti-discrimination provisions. More specifically, there are numerous of All Forms of Racial Discrimination and to Protocol No.12 to the declarations, international treaties and customary international law European Convention on Human Rights which contains a general non- such as the UN Declaration on the Elimination of All Forms of Racial discrimination clause. In 2006 Serbia adopted a new Constitution which Discrimination (1963), the UN Declaration on the Elimination of establishes the principles of non-discrimination and protection of minority Discrimination of Women (1967), the UNESCO Declaration on Race and rights and provides for the state to promote understanding, recognition Racial Prejudice (1978), the UN Declaration on the Elimination of All of and respect for ethnic, cultural, linguistic and religious diversity. In Forms of Intolerance and of Discrimination Based on Religion or Belief 2006 Serbia also enacted a new Criminal Code which prohibits racist (1981), the UN Declaration on the Rights of Persons Belonging to National offences and racial discrimination. It has taken a number of measures or Ethnic, Religious and Linguistic Minorities (1992), etc. to improve the situation of Roma, particularly in the area of access to health care, which are beginning to have effect. In 2004 an Ombudsman The Universal Declaration of Human Rights (hereinafter: the Declaration) was appointed in the autonomous province of Vojvodina together with a (1948) has a special place in the international legal order and marks deputy who deals with the situation of national or ethnic minorities in the first time that discrimination was included in an international the region. In June 2007, a national Ombudsman (Protector of Citizens) legal document. Some of its provisions have become, over time, was elected and officially assumed his duties the following month. The norms of customary international law, making them binding on all the National Assembly passed the Law on Asylum on 24 November 2007, subjects of international law, whereas others, including the issue of which entered into force on 1 April 2008. discrimination, have been regulated through subsequent conventions. The International Covenants on Human Rights (1966) also belongs to the category of international treaties that prescribe a general prohibition of discrimination. There are also numerous Conventions covering special 1 Except for those countries which have an opt-out clause, Britain and .

7 The Serbian Constitution, adopted by referendum on 29 October 2006, grounds against which discrimination is prohibited, leaving the list open- contains several provisions establishing the principles of equality and ended. In this manner, the Law expands upon the provisions of article non-discrimination and protecting the rights of national minorities. Ar- 21 of the Constitution of Serbia that lists in a closed manner, a specific ticle 21 of the Constitution, which provides that everyone is equal before number of grounds for discrimination. the law, thus prohibits all direct and indirect discrimination based on, inter alia, race, national origin, religion, culture or language. It also pro- The Law sets up an independent body, the Commissioner for the Protection vides that any positive measures introduced by the state to achieve the of Equality (CPE), and defines a procedure before this body, as well as a full equality of individuals or groups of individuals who are in a substan- court procedure and misdemeanour offences in cases of discrimination. tially unequal position compared to other citizens shall not be deemed to be discrimination. Article 22 establishes for everyone the right to 2.5 National Human Rights Institutions/ judicial protection when any of their human or national minority rights Specialised Equality Bodies have been violated. Article 32 provides that everyone shall have the right Specialised equality bodies promote equality of opportunity and combat to free assistance by an interpreter if they do not speak or understand discrimination. These bodies see to it that individual citizens are protected the official language used in the courts. Article 36 protects the right to against discrimination on the grounds of, amongst others, age, , equality before the courts and other state bodies at both national and ethnicity, religion, disability, and sexual orientation in areas varying local level. Article 38 provides for the right to citizenship under the condi- from employment, education, goods and services to housing and social tions prescribed by law.7. Freedom of thought, conscience and religion is security. enshrined in Article 43 of the Constitution. Article 46 protects the right to freedom of thought and expression. These may only be restricted, inter alia, to protect the rights of others. Article 48 provides that the state shall 2.5.1. International Framework: promote understanding and recognition of and respect for ethnic, cul- At the international level, it has been recommended by the UN that tural, linguistic and religious diversity through measures implemented States should establish human rights committees that can play a role in education, culture and public information. Article 49 prohibits incite- in supervising and implementing universal human rights standards, ment to racial, ethnic or religious hatred and Article 50, which establishes including the right not to be discriminated against. In 1992, the UN freedom of the media, provides that the courts may ban the dissemina- Human Rights Commission issued the Paris Principles, in which it tion of information in order to prevent incitement to racial, ethnic or re- gives guidelines on the status, powers and modes of operation of such ligious hatred, discrimination, hostility or violence. Article 57 establishes national human rights institutions. These principles were adopted by the right of asylum for anyone with a reasonable fear of persecution, on the UN General Assembly in December 1993. These internationally account of their race, language, religion and national origin. Chapter 3 agreed recommendations underline the importance that international of the Constitution (Articles 75 to 81) protects the rights of national mi- organisations attach to the existence of independent and effective norities, including the right to non-discrimination (Article 76) and to an equality bodies. appropriate representation in public administration, which is provided for by Article 77. 2.5.2. EU Framework:

2.4 The Law on the Prohibition of Discrimination in Serbia Combating racial and ethnic discrimination is high on the European Union’s agenda. In order to make its legislative measures against The Law on the Prohibition of Discrimination was adopted on March 26, discrimination more effective, the EU has required all Member States to 2009. The Law consists of 63 articles divided into eight Chapters covering establish “bodies” to assist victims of racial and ethnic discrimination, to all forms of discrimination. This includes direct and indirect discrimination, conduct surveys about the forms and prevalence of discrimination and to as well as violation of the principle of equal rights and obligations, calling issue reports and recommendations. This obligation has been laid down to account, associating for the purpose of exercising discrimination, hate in Article 13 of the Racial Equality Directive (Directive 2000/43/EC): speech and disturbing and humiliating treatment. The Law, for the first time in Serbian legislation, clearly defines what discrimination means “1. Member States shall designate a body or bodies for the promotion of equal (any unwarranted discrimination or unequal treatment, that is to say, treatment of all persons without discrimination on the grounds of racial or omission (exclusion, limitation or preferential treatment) in relation to ethnic origin. These bodies may form part of agencies charged at national individuals or groups, as well as members of their families or persons level with the defence of human rights or the safeguard of individuals’ rights. close to them, be it overt or covert, on any personal grounds), and lists 21

8 2. Member States shall ensure that the competencies of these bodies include: • The independence of the body should be guaran- teed by a constitutional or legislative framework • without prejudice to the right of victims and of associations, organisations or other legal entities referred to in Article 7(2), • The body should have autonomy from the government providing independent assistance to victims of discrimina- • The body should be based on pluralism, in- tion in pursuing their complaints about discrimination, cluding pluralism of composition • conducting independent surveys concerning discrimination, • The body should have a broad mandate • publishing independent reports and making recommenda- • The body should have adequate powers of investigation tions on any issue relating to such discrimination.” • The body should have sufficient resources General Recommendation No 2, issued by the Council of ’s In Europe there has been considerable debate about whether it would be European Commission against Racism and Intolerance (ECRI) is also more effective to have separate specialised equality bodies for each type of key importance. The Appendix to this ECRI document sets out of discrimination or to set up one single body for each country covering guidelines with respect to the mandate, competencies, operation and multiple grounds. In fact, most equality bodies designated to carry out the independence of such bodies. competencies listed in Article 13 of the Racial Equality Directive cover more than one discrimination ground. Only four equality bodies have a limited 2.5.3. Types of Equality Bodies in the EU mandate, restricted to issues around racial and ethnic discrimination. For a full analysis of EU equality bodies, please see Annex I. There are many different types and forms of equality bodies, which correspond to their mandate and powers. There are ombudsmen, A. Independence commissions or committees, councils, high authorities or high The tasks of equality bodies can only be carried out to the best effect, commissioners and human rights institutes. There is also an advocate, if they have the means to perform their tasks independently from a centre and a tribunal. Quite often the equality body is a part of a Governmental and non-governmental intervention. To this end, the bigger institution (e.g. a human rights institute or ombudsman’s principle of independence is prominently laid down in a number of key office), which makes it difficult to assess what exactly its mandate documents: the Paris Principles, ’s European Commission is and to what extent the competencies mentioned in Article13 are against Racism and Intolerance (ECRI) general policy recommendation Nr actually carried out. 23; and several Directives.2

Apart from the fact that their work should be independent, Article 13 Although the exact wording differs, these documents all state that EU does not specify how the equality bodies should function. Therefore, member states should delegate enough powers to their specialised international documents – although they are soft law instruments equality bodies so that these can provide independent assistance – serve as important guidelines when it comes to the correct imple- to victims of discrimination in pursuing their complaints about mentation of European Union law. The already mentioned ECRI General discrimination, conduct independent surveys concerning discrimination, Recommendation No 2 and Paris Principles recommend that countries and publish independent reports and make recommendations on any should make use of several basic principles when establishing such issue relating to discrimination. In addition, specialised equality bodies specialised bodies. These include several guiding principles on inde- should enjoy firm legal, financial and operational independence from pendence and effectiveness. both Governmental as well as non-governmental organisations.

To begin with, it needs to be established exactly what “to function in an 2.5.4. Applicable Standards independent manner” implies3. It may mean: Applicable Standards for Equality Bodies: Independence and Effectiveness 2 Article 13 of the Racial Equality Directive (2000/43/EC); Articles 7 and 8a of Directive Very briefly summarised, the following are the main preconditions for the 2002/73/WE of 23 September 2002 amending Council Directive 76/207/EEC (Gender Equal- ity Directive); Article 12 of Directive 2004/113/EC; Article 20 of Directive 2006/54/EC (recast); independent and effective operation of human rights bodies mentioned Article 20 of the Proposal for a Council Directive 9COM (2008) 426 final). in the Paris Principles: 3 Taken from R. Holtmaat, “Catalysts for Change? Equal- ity bodies according to Directive 2000/43/EC”, p. 15

9 (a) That the bodies have an independent status and there- • The existence of staff members who are specifically fore are able (in theory) to function independently, or (and highly) educated and trained to exercise the three (b) That the bodies – no matter whether they formally competencies of Article 13 in a professional way. have an independent status or position – can or do ex- • The accountability of the (board of the) equality body to external ercise their competencies independently in practice. parties (audit, parliament, the press, the general public) about the way it has exercised its competencies and spent its budget. Independence relates to at least three different aspects: B. Effectiveness (a) The ability to act autonomously (without hav- ing to ask permission to do so from a third party or be- The first problem with the evaluation of the level of effectiveness of ing threatened with the loss of mandate or money); equality bodies is that the Directive does not give directions to the (b) The appearance of neutrality and objectivity (i.e. not being per- Member States as to which conditions should be fulfilled in order to be ceived as acting in the interest of certain groups or interests); and able to conclude that the Member States have created equality bodies that function effectively. The only available normative legal standard (c) the possession of sufficient competence and authority to be for the interpretation of this provision lies in the fact that it is clear taken seriously by all parties (i.e. having “weight” or reputa- that the objective of Article 13 of the Racial Equality Directive is for the tion, having sufficiently educated and trained staff, etc.). equality bodies to contribute to the overall aim of the Directive: providing Relevant Indicators for determining protection against racial and ethnic discrimination in the Member States of the independence of an Equality Body the Union. Equinet, the European network of specialised equality bodies, has called on the EC to set a European standard for the independence and • The existence of a firm legal basis for the ex- effectiveness of specialised equality bodies which would be established istence of the equality body; and monitored by the European Commission.

• The existence of a firm legal basis for the mandate, ob- It is very difficult to measure the true effectiveness of equality bodies. jectives and competencies of the equality body; A true assessment of the effects of the work of such institutions would • The existence of a firm legal basis for the equality body’s budget- require a so-called “zero-measurement” (the situation before the equality ary independence (from the government or third parties); bodies became active) and an extended survey and analysis of the • The existence of sufficient financial resources to- ex effects of their work in practice. With the exception of the UK, such zero ercise the competencies autonomously and to ap- measurements do not seem to exist in any of the Member States. Besides, point sufficiently experienced and trained staff. most of the bodies have only been set up recently, as a consequence of which (independent) reports about their operation are in most cases not • The existence of a secure position for the members of the yet available. board of the equality body, the members of the equality body, and the head or director of the equality body, where Many different factors can have an impact on the effectiveness of these exist (e.g. are they fixed-term appointments?). equality bodies. The independence or not of the equality bodies against • The holding of autonomous decision-making power by the political intervention and influence is an important aspect of their actual body’s board and/or its head / director as far as the appoint- effectiveness. Serious hindrances to their independence would be, for ment and dismissal of members of staff is concerned; instance, the nomination of the senior staff of the equality body by the government, the affiliation of the senior staff members with political • The security of the position of members of staff as far as their parties, the accountability of the equality bodies to any public organisation employment conditions and dismissal are concerned (e.g. or judiciary. Another factor is the limited financial and human resources is their position comparable to that of civil servants?); that are allocated to many equality bodies, which clearly limits their • The existence of adequate premises for the equal- ability to fulfill their tasks. Restricted financial means has as an impact ity body, separate from government buildings; that the equality body cannot recruit the number of experts and staff that is necessary to better fulfill its competences, and most important, cannot • The freedom of the equality body from interfer- provide assistance to all victims of discrimination, but only to a limited ence by other (non-governmental) organizations; number of cases. In order to enhance their effectiveness, the equality

10 bodies should provide regular reports for their actions and the outcome 2.6 Relevant Independent Bodies in Serbia of their work, if possible to the national parliament. 2.6.1 Commissioner for Information of Public Importance and Enforcement tools that are set aside for the equality bodies to use are a Personal Data Protection significant feature of their overall effectiveness. However, some equality bodies do not have investigative powers and this poses difficulties in Although very different in terms of its mandate, the Commissioner gathering the necessary evidence. In addition, most equality bodies that for Information of Public Importance and Personal Data Protection is have the power to investigate a complaint do not have the authority to procedurally similar to the Commissioner for the Protection of Equality give binding decisions, and this results that the victim of discrimination foreseen in the Law on the Prohibition of Discrimination in Serbia. The needs to continue the case to courts. Moreover, the mandate of the Commissioner for Information of Public Importance and Personal Data equality bodies should encompass the necessary power to assist victims Protection is an autonomous public authority, who exercises his/her of discrimination through effective representation to courts. powers independently and whose competences are set by Article 44 of the Law on Personal Data Protection. For the purpose of exercising Relevant Indicators for Determining the Effectiveness of an the duties within his/hers sphere of competence, the Commissioner Equality Body basically has two types of powers: those relating to his/her capacity of Some relevant indicators in measuring the effectiveness of equality a second-instance authority responsible for protecting the right to data bodies include the following: protection in appeal proceedings and those relating to his/her capacity of a supervisory authority responsible for enforcing the law. • Do the equality bodies have enough resources, i.e. are the amount of money and the number and quality of The Commissioner shall decide on appeals within 30 days of lodging at staff made available to them sufficient for exercising the the latest. He/she shall first forward appeals to data controller for reply, three competencies mentioned in the Directive with at i.e. presentation of case, and, where necessary shall take such actions to least a minimum degree of consistency and quality? establish the facts as may be necessary in order to rule on an appeal. For that purpose, data controller shall give to the Commissioner or a person • Are the equality bodies actually exercising the three specifically authorized by the Commissioner access to data or data files, competencies outlined in the Directive with at least a his/her general enactments and premises and equipment he/she uses. minimum degree of consistency and quality?4 • The amount of money available In deciding upon an appeal, the Commissioner may reject all untimely or incomplete appeals or reject ungrounded appeals. If the Commissioner • The number and quality of staff establishes that the appeal is grounded, he/she shall order the data • The process of assessment/evaluation of the controller to act upon request within a specified period of time. functioning of the equality bodies The Commissioner’s rulings on appeals shall be binding, final and • The effective operation of the bodies as re- enforceable. Where necessary, the Government shall ensure that the gards their main functions Commissioner’s rulings are enforced. • The amount and quality of assistance to victims Thus far, the Commissioner has proven to be efficient in discharging his • The number and quality of surveys duties. Since the establishment of his office until the end of last year • The number and quality of reports and recommendations (1.7.2005 – 31.12.2009), the Office of the Commissioner has received a • The number and quality of hearings and in- total of 7,585 complaints, of which 6,740 have been fully processed to vestigations into complaints date. The state bodies responded (usually following the Commissioner’s intervention) to requests for free access to information of public importance in 93% of the cases handled.

The Commissioner exercises complete independence in the decision- making process; however, its staff feel that their independence is compromised by the fact that it is the government (led by the Ministry of Finance) that proposes the budget for the Commissioner, following 4 Providing assistance, conducting surveys and issuing reports and recommendations

11 the Commissioner’s input. The 2010 budget is the first since the or for non-cooperation with the ombudsman. This recommendation Commissioner’s inception that covers all of the expenses in the initial constitutes a formal ground for dismissal or other disciplinary sanction. draft projected by the Commissioner. In previous years the lack of The Ombudsman may also submit criminal or misdemeanour charges, funding meant that amendments to the state budget had to be adopted should he/she find elements of a criminal/misdemeanour act in actions to cover the gap. In addition, the Commissioner is understaffed, which of administration. The administration has an obligation to fully cooperate subsequently leads to an ever-increasing backlog of cases. with the Ombudsman and to allow him/her access to all its facilities, data and information in their possession. The Ombudsman is granted by law a With regard to lessons learned, the Commissioner’s deputies have singled right to free access to all places of detention and is entitled to have private out the institution’s tireless work on promoting the freedom of access interviews with persons deprived of liberty. Four deputies are provided to to information, which has led to better cooperation with organs of the the Ombudsman to assist him/her in specialized issues defined by the state (as well as to a consistent increase in the number of claims). The law: protection of rights of persons deprived of liberty, gender equality, Commissioner does not have regional coverage, so its staff is compelled children’s rights, rights of national minorities and rights of persons with to frequently travel outside of Belgrade. disabilities.

The Commissioner’s office publishes very detailed reports on its The Ombudsman submits a regular annual report to the Assembly that website (www.poverenik.org.rs); the reports include: the information includes information on activities in the preceding year, noted irregularities concerning the application of the Law on free access to the information in the work of administrative authorities and recommendations to of public importance or the information, the Commissioner’s views on improve the status of citizens in relation to administrative authorities. certain questions regarding the application of this law, decisions taken by the Commissioner upon appeal and other case files which have been Over the course of 2008, the Ombudsman received a total of 1,030 decided, the approved budget and the Commissioner’s organization, complaints. Due to a lack of passable working conditions – chief employees, and so on. among which were the inadequate working space, and the consequent understaffing (prospective employees could not be employed due to lack 2.6.2 Ombudsman of space) – it was unable to respond in a timely fashion to all complaints. The Ombudsman rejected 409, and dismissed another 40 complaints The Constitution of the Republic of Serbia defines the Protector of following investigation, with the conclusion that the complaints were Citizens/Ombudsman as an independent institution mandated to protect unfounded. Nine citizens withdrew their complaints in the course of the and promote rights of citizens and to control administrative institutions, proceedings. In the case of 27 complaints, administrative authorities agencies, bodies and other legal entities entrusted with public powers. eliminated irregularities either after, or even before the Protector passed The Protector of Citizens is elected in the National Parliament and, thus, his initial document (especially concerning complaints related to pension responsible to the Parliament for its activities. The dedicated Law on and disability insurance). The majority (544) of the complaints are still the Protector of Citizens stipulates that the ombudsman oversees and pending in various phases of the proceedings. enhances the protection of human and minority rights and freedoms, and controls the fairness and legality of the work of public administration. In an effort to overcome this problem, in 2008 the Protector of Citizens The main difference between the Ombudsman and the proposed CPE recruited 23 new members of staff and introduced counseling services therefore is that the Ombudsman only has the mandate to deal with for citizens. In addition, employees of the Professional Department have cases alleged in the public sector whereas the CPE can deal with cases regular – everyday - consultations with citizens who have complaints. from both private and public. The Protector of Citizens considers itself to be an independent body – both In his/her work, the Ombudsman refers to the Constitution, laws and other with regard to its decision-making and in terms of resources received (the regulations and general acts, as well as to ratified international treaties and 2010 budget is the first since the inception of the institution which covers generally accepted rules of international law. The Ombudsman has a power the total budget proposed by the Protector of Citizens). of legislative initiative before the National Parliament and is authorized to The principal obstacles identified by the Ombudsman are the lack of initiate a procedure before the Constitutional Court for the appraisal of the information about its activities and mandate among other State bodies and legality of laws and other legal instruments and general acts. among the citizens. Despite their lack of formal regional coverage (their offices The Protector of Citizens is mandated to publicly recommend the dismissal are in Belgrade only), and contrary to expectations, over half of the complaints of officials and civil servants responsible for the violation of citizens’ rights received by the Ombudsman originate from outside of Belgrade.

12 The Protector of Citizens regularly publishes reports, which are made 9. Shall recommend measures to public administration organs and other available on its website (www.ombudsman.rs). At the time of writing, it persons aimed at ensuring equality. is preparing its 2009 annual report. Thus, the mandate of the CPE is separate and distinct from the mandate of the Ombudsman. Whereas the Ombudsman has a mandate for the 2.6.3 Commissioner for the Protection of Equality in Serbia protection of human rights within public administration, the CPE has a The Law on the Prohibition of Discrimination in Serbia provides for the mandate for all forms of discrimination from all sectors of society, both establishment of a Commissioner for the Protection of Equality (CPE), public and private. which provides the institutional framework for the prevention of equality in Serbia. The mandate of the CPE is set out in Article 33 of the Law and states as follows:

The authority of the Commissioner 3. Strategy for supporting the

Article 33 infrastructure of the CPE

The Commissioner:

1. Shall receive and review complaints pertaining to violations of provisions 3.1 Staffing of this Law, provide opinions and recommendations in specific cases, and pass measures in accordance with the provisions of Article 40 of this Law; According to the proposed budget of the Government of Serbia for 2010, the CPE will have twelve staff members. The Anti-Discrimination 2. Shall provide information to the person lodging a complaint concerning Law mandates only that three of these shall be assistants, no further his/her rights and the possibility of initiating court proceedings or some other instructions are given on the composition of the CPE’s staff. This section proceedings for the purpose of protection, or recommend reconciliation; will present some pertinent concerns and some recommendations when staffing the CPE. 3. Shall file charges in accordance with article 43 of this Law, pertaining to violations of rights guaranteed by this Law, in his/her own name, and with 3.1.1The Assistants the agreement and on behalf of the person discriminated against, unless proceedings before a court of law have already been initiated or concluded The most obvious issue is the mandate of the assistants: should they by passing an enforceable decision; each have a defined area of competence or should they cover all aspects of discrimination? No relevant international standard exists, except 4. Shall submit misdemeanour notices on account of violations of rights to say that the CPE should have ‘pluralism of composition’. In turn, the guaranteed by this Law; comparative practice is uneven and much too varied to be of significant 5. Shall submit an annual report and special reports to the National assistance. The issue needs to be resolved by reference to domestic needs Assembly about the situation concerning the protection of equality; and considerations.

6. Shall warn the public of the most frequent, typical and severe cases of Issue-oriented discrimination; The first possibility is to have the three assistants be responsible for 7. shall monitor the implementation of laws and other regulations, initiate ‘covering’ the most serious or frequently occurring forms of discrimination the passing or amending of regulations for the purpose of implementing and resulting acts of discrimination. The advantages of this approach and developing protection against discrimination, and provide opinions believe that it will help to highlight these forms of discrimination, which concerning the provisions of draft laws and other regulations pertaining to could include discrimination on the grounds of ethnicity, gender, sexual the prohibition of discrimination; orientation, disability. 8. Shall establish and maintain cooperation with organs authorised to ensure equality and the protection of human rights on the territory of an However, this approach has considerable drawbacks. It is open to the pos- autonomous province or a local government; sibility that the cases referred to in public may be the result of skillful and

13 knowledgeable advocates for a certain cause, which other forms of dis- these two countries carry out visits in provincial cities to enable closer crimination may not necessarily have. In addition, assigning an assistant communication between members of the public and representatives of to a single issue, for example, discrimination on the grounds of disability, the Ombudsperson. could lead to oversight of other forms of discrimination at the expense of the assistant’s area of responsibility. Nevertheless, a ‘regional approach’ carries with it the danger of overlooking patterns of discrimination prevalent in the country as a whole – such as the discrimination of women, or the Roma minority, Regional approach in the process of access to employment. In addition, it raises a question: The second option is to disperse the three assistants with covering can the budget cover additional offices in places outside of Belgrade? If discrimination in distinct geographic areas. A possible proposal would these offices are not opened, the credibility of an assistant assigned to a see the three assistants cover Vojvodina, Belgrade and the surrounding particular region may suffer among the local population and civil society areas, and Eastern/Western/South Serbia, respectively. The strengths of if he is not sufficiently present on the ground. this proposal are that they help to de-centralise the process and increase access to the Commissioner throughout the country. ‘Field-based’ approach

A recent study5 shows that approximately half the equality bodies The third option is to assign one assistant to selected fields in which examined across Europe have (quite varied) arrangements for a local discrimination occurs: the public sector, employment (including access to presence. The Italian National Office against Racial Discrimination and employment) and the provision of services and other private interactions the Slovak National Centre for Human Rights have established regional that do not involve the state or an employment relationship. The advantage offices (five in , seven in ) which are designed to ensure more of this approach is that it fosters dialogue among stakeholders on nation- effective assistance for victims of discrimination and to facilitate access to wide issues, such as discrimination in the workplace. Here, an assistant the public and to local partners. would be impelled to develop relationships with heretofore-neglected stakeholders, such as the Chamber of Commerce, or trade unions. In addition to its network of nine regional offices, the British Commission for Equality and Human Rights takes advantage of local institutions None of the two previous options create this environment: instead of already in place. It cooperates with 90 Race Equality Councils to address tackling an issue that may affect more than one group in more than one local concerns. The Belgian Centre for Equal Opportunities has also used region (such as the lack of access to services, an issue that is common to existing local institutions to its benefit by holding office hours at their some persons with disabilities and to some Roma irrespective of location in premises. The Irish Equality Authority has provided training for staff the country), some their focus would be on a particular group or region. in local libraries and Citizen Information Centres to enable them to answer citizens’ queries on information materials handed out in these The downside to this course of action is that some of the spotlight would institutions. be taken off the most at-risk groups and overlooked geographical areas. This could lead to further alienation among members of these groups or Other institutions have established networks of practitioners on the citizens of these regions, who may feel that their particular issues were ground as a cost-effective mechanism to assist them in implementing not being handled with sufficient attention by the CPE. equality legislation. The Belgian Institute for Equality between Men and Women and the Italian National Office against Racial Discrimination Conversely, however, “it is important that equality bodies keep a coordinate a network of provincial coordinators whose task it is to certain distance from organisations that are active in the fight against implement the policy of equal treatment between men and women at discrimination, especially with a view to maintaining an appearance the local level. of neutrality and objectivity (and hence enhancing their credibility and authority)…The equality body, in other words, should not be seen as an Finally, around half of the equality bodies examined in the study have institution that is always “taking sides”.” no local presence. Still, some – such as the Greek and Lithuanian Offices of the Ombudsperson – have found ways through which to provide One of the ways of avoiding this is having a ‘field-based approach’ their services at the local level. The staff of the Ombudspersons of as outlined above. A good example of this sort of organization is the Austrian Office for Equal Opportunities. It consists of three sections with different fields of competence. The Ombudsman for Equal Opportunities 5 Equinet, ‘Promoting Equality: Overview of Posi- for Women and Men in Employment (reflecting the original mandate of tive Measures used by Equality Bodies’ (2008)

14 the Office for Equal Opportunities, which was to focus on gender equality approach, its emphasis is more on assisting individuals and handling only), the Ombudsman for Equal Opportunity for Employment on all individual complaints. In countries such as this, for example, the other grounds included in the Office’s expanded mandate (ethnic origin, , the budget of the equality body depends to a certain degree religion or belief, age and sexual orientation and the Ombudsman for on the number of individual complaints successfully resolved. Ethnic Equality in Goods and Services. A common theme among interviewees is the need to raise awareness This approach also ensures that the equality body is composed in a about the work of the equality body. This need is particularly acute in manner that is representative – or at least takes into account the interest the body’s incipient phase, when it is largely unknown to the public. - of a broad spectrum of societal organisations (including, for example, Otherwise, it will be difficult for the body (CPE) to discharge its duties, employers’ organizations, trade unions, organizations active against particularly handling individual complaints that will not be addressed to discrimination, and so on. This would be in accordance with one of the the CPE unless citizens know of its existence and mandate. recommendations in the Paris Principles, which state that the body should be based on pluralism, including pluralism of composition.6 Finally, the administration is the backbone of any organization. In this Although this is usually applied to the body’s executive or managing case, it would seem sufficient for it to consist of a financial officer, an board, in the absence of a board (as is the case with the CPE), it also refers administrative and personnel officer and a receptionist/part time to the composition of the regular staff. administrative officer. This would leave the CPE with an additional five expert service staff members.

3.1.2 Expert Service Staff Members The Anti-Discrimination Law places a great deal more emphasis on the CPE assisting individual victims of discrimination than on producing surveys Once the positions of Commissioner and of the three assistants are filled, and reports (see article 32). Therefore, it seems that lawyers trained to there are 8 remaining expert service staff members. What should their deal with individual complaints should be better represented in the CPE areas of competence be? What should be the qualifications for these than researchers. It is submitted, however, that some resources must be positions? found for research that portrays discriminatory practices and trends at Comparative practice among equality bodies for example, , Great the macro-, rather than just micro-, level that individual complaints deal Britain, Holland, , and other similar bodies, shows a with. common divide into four categories of staff that each equality body Therefore, it is suggested that three of the staff should be lawyers contains: mandated with dealing with individual complaints, although it would be • a legal department desirable for at least one of them to have a background in social science research. They should have legal qualifications and experience in working • a research department as human rights lawyers. • a communications/public relations team The fourth expert service staff member position would be filled with a • an administrative unit full-time dedicated researcher. Depending on the financial resources, the The distribution of human and financial resources between these researcher would either collate existing data into informative and timely departments depends on each equality body’s conception of itself. In reports, would outsource the production of data and the report-writing other words, where an equality body (such as Norway’s LDO) believes it to other stakeholders, or both. A particularly important relationship for will be more effective in a proactive role that focuses on prevention of the holder of this post will be with the NGO monitoring network, whose discrimination, it develops its research and documentation department establishment is envisaged by the project document. The network will in order to enable it to carry out the said research. Researchers are be tasked with collecting data on discriminatory practices according to normally recruited from the ranks of social science graduates as opposed a standardized methodology agreed with the full-time researcher at to law graduates. the outset of the CPE’s work. It is crucial that appropriate resources are dedicated to this – which is why comprehensive joint training on this Where, on the other hand, an equality body has more of a reactive topic should be held for the researcher and members of the network. The researcher’s primary responsibility, as mentioned above, would be 6 Paris Principles, Chapter on Competence and Responsibili- to collate data amassed by network members and present it in the form ties, Principle 1.See also ECRI General Policy Recommendation No 2,Chapter D: Administration and functioning of specialised bodies, Principle 4. of a report or a survey.

15 3.1.3. Communications victims of discrimination. This section will examine the key components of a complaints procedure as sketched out by the Anti-Discrimination The final expert service position under the current staffing plan should Law and with guidance from the comparative practice of European be filled by a communications and PR specialist. This is in line with equality bodies. comparative practice of European equality bodies, a number of which have established press and public information offices or have assigned Who can file a complaint – and how? a staff member to be responsible for communications activities. This person’s mandate would be particularly crucial during the CPE’s first few The procedures for filing and handling a complaint are laid out in some months, when it needs to establish itself in the public eye via a well- detail by the Anti-Discrimination Law. The complaint may be lodged developed communications strategy. Appropriate resources should be by a person who considers himself/herself discriminated against, or by dedicated to outreach activities: European equality bodies have carried an organization (such as a human rights NGO) on behalf of the alleged out PR activities, advertising campaigns and raised awareness about victim.9 This provision is in line with comparative practice, according their existence and mandate among civil society organizations. Examples to which someone other than the alleged victim, including relatives, include: the Irish Equality Authority’s ‘Work-life balance’ day, promoting friends, NGOs, unions or interest groups, may lodge a complaint. awareness of the need to establish a balance between personal and professional life; the Equality Commission for organised The complaint has to be in writing, except under exceptional the ‘Anti-Racist Workplace Week’ as a means of highlighting racial circumstances, when it can be lodged orally (article 35). The Law on discrimination at the workplace; finally, the French HALDE (Haute Autorité the Prohibition of Discrimination does not prescribe the contents of a de Lutte contre les et pour l’Egalité) conducts a public complaint; however, comparative practice points to a few commonplace opinion survey every six months on the perception of discrimination and features that a complaint should contain: the institution’s reputation among the general public. • the name and address of the petitioner The latter task should be simplified by the creation of the Anti-discrimination • the name and address of the respon- Network and Referral (for more, see Lori Mann’s report on the NGO dent, if it is known to the petitioner monitoring network). Although the network’s primary function will be to monitor and report on instances of discrimination, it could also be useful • a description of the discrimination alleged to have oc- for presenting the CPE to the public and to assist victims of discrimination in curred or to be occurring as referred to in the legislation filing complaints to the Commissioner (more on which below). • a petition filed by an association or organization should include evidence showing the petitioner can be considered as such under 3.2 Invididual complaints the applicable law (for example, the Law on Citizens’ Associations)

The ability of National Human Rights Institutions to hear individual In most equality bodies, written complaints can be lodged by letter, fax or complaints is not accorded a central function in the Paris Principles, which e-mail, while complaints may be lodged orally in person or by telephone. address the issue in a section titled: “additional principles concerning the The latter would require the CPE to establish a phone line that is open to status of commissions with quasi-judicial competence”.7 Still, by 1997, the the public and unused by the staff for regular business. More importantly, European Commission against Racism and Intolerance had included the it might also require translators to be on call should complainants have ability to “hear and consider complaints and petitions concerning specific difficulty expressing themselves in Serbian. cases” as a principal function of equality bodies.8 The formation of the Anti-discrimination Network and Referral The centrality of this function has been replicated with regard to the provides certain advantages in terms of the accessibility of the CPE CPE in the Anti-Discrimination Law. Namely, according to the Anti- to the public. The network’s member organizations, particularly Discrimination Law one of the CPE’s key tasks is to assist individual those hailing from outside of Belgrade can be very useful in raising awareness of the CPE’s work and in allowing citizens better access to its services. This would entail initial training for these partner 7 See Paris Principles, A/RES/48/134, 85th plenary meeting, 20/12/1993, ‘Additional organisations so that they would be able to inform citizens of principles concerning the status of commissions with quasi -judicial competence’ their rights under the Anti-Discrimination Law, explain how to 8 European Commission against Racism and Intolerance, “General Policy Recommendation No. 2 on Specialised Bodies to combat Racism, Xenophobia, Anti-Semitism and Intolerance at National Level”, adopted on 13/6/1997 9 Article 35, Law on the Prohibition of Discrimination

16 file complaints, and perhaps even assist citizens in providing the Following the investigation information necessary to submit a complaint. According to the Anti-Discrimination Law, the CPE is obliged to issue an Article 35 of the Anti-Discrimination Law stipulates that petitioners will opinion on whether there has been a violation of the provisions of this not be obligated to pay a tax or any other charges. Law within 90 days of receiving a complaint. If the CPE decides that the law has been violated, it shall issue a caution to the respondent, who How the complaint is handled shall be obligated to act upon it and to redress the violation in question within 30 days of the day of receiving it, and to inform the Commissioner According to the Anti-Discrimination Law, the CPE has to forward the of it (article 39). Should the respondent fail to redress the violation in complaint to the person against whom it has been lodged, within 15 question within 30 days of having been cautioned, the Commissioner days of having received it (article 35). The CPE will then proceed and “take may inform the public about it. steps concerning a complaint” unless “proceedings pertaining to the matter in question have been initiated before a court of law or an enforceable The Law has envisaged judicial proceedings as an alternative avenue of decision has been passed” (article 36). redress for victims of discrimination. Consequently, if the respondent has failed to act upon the caution, a lawsuit can be initiated either by The CPE will disregard complaints if it is evident that no violation of rights the Petitioner or by others who have not submitted a complaint to the has actually occurred, if the CPE has already taken steps concerning the Commissioner such as by the Commissioner himself as well as by an same matter and no new evidence has been provided, and if “no useful organisation engaged in the protection of human rights or the rights of a purpose will be served by acting upon the complaint” (article 36). certain group of people.

Investigation Through a lawsuit, the plaintiff may demand: 1. A ban on an activity that poses the threat of discrimination, a ban on proceeding with a After a petition has been filed, both parties are usually – in the practice discriminatory activity, or a ban on repeating a discriminatory activity; of equality bodies around Europe – invited to submit written points 2. That the court should establish that the defendant has treated the of view. In addition, although the Anti-Discrimination Law does not plaintiff or another party in a discriminatory manner; 3. That steps be specify this, the parties are asked to present evidence. In comparative taken to redress the consequences of discriminatory treatment; 4. practice, all usual means of evidence are admissible, including tape Compensation for material and non-material damage; 5. The publication recordings, provided they are not obtained illegally. The equality bodies of a decision issued with regard to lawsuits on points 1-4. then investigate complaints thoroughly following basic legal procedural standards, such as hearing both sides of the case. Additionally, the plaintiff may demand, when initiating a lawsuit, in the course of the proceedings and after the termination of the proceedings, It is key that the interests of the alleged victims should be kept at the until the court decision is enforced, that the court should pass a temporary centre of the process. The petitioners (as well as the respondents and measure in order to prevent discriminatory treatment, with a view to the persons involved) should have access to all relevant information and eliminating the danger of violence or some major irreparable damage. documents relating to the investigation and be granted all necessary facilities to present evidence. Amnesty International stresses that The proceedings shall be conducted urgently and judicial review victims in particular should “be kept informed of the process of the CPE’s (‘revizija’) shall always be allowed. Territorial jurisdiction shall be where investigation, and be given reasons for decisions taken about their case, the plaintiff has permanent residence, with the Law on civil procedure and consulted where there are choices as to how their case will develop”. applied in these proceedings. This means that standard procedures on Unfortunately, budgetary constraints mean this is not commonplace even the enforcement of judicial decisions are the ultimate remedy prescribed in more developed countries, such as the Netherlands, where petitioners by the Law on the Prohibition of Discrimination. are expected to cover their own travel and accommodation costs when In addition, it is important to point out that many equality bodies carry going to give evidence or to attend a hearing. out client satisfaction surveys (such as that of the Dutch Commissie In the case of the CPE, before taking other steps in the proceedings it Gelijke Behandeling), which they consider to be a crucial tool in is obliged to propose a reconciliation procedure, which has to be in maintaining their service-oriented focus. It is recommended that the accordance with the law on mediation (article 38). CPE should follow in the footsteps of other equality bodies, which have developed comprehensive complaints policies aimed at answering

17 frequently asked questions by the public. This will allow it to deal broad terms in the relevant directives, which leaves a window open for systematically with persistent and vexatious complaints, which have wide ranging activities and competencies. plagued equality bodies around Europe.10 Such complaints can place strain on time and resources and can be stressful for staff that have to It is generally accepted that the promotion of equality is as essential deal with these complex and challenging issues in the prevention of discrimination as the processing of complaints. Legislative measures alone are not sufficient to combat discrimination in society effectively. Indeed, the prerequisite to combating the prejudice 3.3 Reporting procedures that often lies behind discriminatory practice is the awareness of it by The Law on Anti-Discrimination stipulates that the CPE “shall submit all. In this context, the European Council followed by the Commission an annual report and special reports to the National Assembly about the scheduled a programme to make anti-discrimination policy a reality. situation concerning the protection of equality” (Article 33, ss. 5). It is This Programme includes concrete actions to promote equality and generally accepted that this should be the minimum reporting that an encourages and supports national actions, some of which are coordinated equality body should undertake. Regular reporting, for example on a through national equality bodies. quarterly basis, can be used for a variety of purposes such as awareness The British Commission for Equality and Human Rights, the Equality raising, lobbying, promotion etc. It is therefore recommended that the Commission for Northern Ireland and the Swedish Ombudsman all have CPE undertakes external reporting on a quarterly basis, at the very least binding powers to ensure that positive duties imposed upon the public during the first few years of its establishment. Furthermore, it is crucial and private sectors are complied with. A positive duty is a requirement that effective internal reporting structures should be established. This that organisations promote equality and diversity in all aspects of their should include regular financial reporting, again on a quarterly basis, work, in a manner that involves employees, employers and service-users although weekly and monthly records should be maintained also and alike. The emphasis is on achieving results, backed by enforcement regular reporting by the staff of the CPE to the Commissioner. mechanisms and by the assessment of outcomes by the equality bodies The reports issued by the CPE must be visible. They should be sent to media in charge of monitoring these mechanisms. representatives and the Commissioner should appear in the media to explain Furthermore, some equality bodies, for instance in Ireland, develop the context and implications of the report. The Commissioner should also codes of practice which set out practices required for the elimination of ask for feedback on the reports from the public and CSOs. High visibility will discrimination and the promotion of equality and which are subsequently increase the awareness surrounding the report, thereby increasing awareness approved by the Minister for Justice, Equality and Law Reform. of the CPE and its work and the issue of discrimination in general. In , according to the Law on Protection against Discrimination, 3.4. Promotion of equality and outreach apart from the work on discrimination cases, the Bulgarian Commission for Protection and against Discrimination is entitled to conduct independent Although not explicitly stated in the Serbian Anti-Discrimination research on equality issues, publish reports and make recommendations Law, the EU founding treaties and directives call on Member States to on equality promotion. The Bulgarian CPD has designed and adopted grant their equality bodies competencies in the field of the promotion a Strategy for Prevention of Discrimination and Action Plan against of equality. These include the Racial Equality Directive, the amended Discrimination 2006 – 2010, whose main objectives are: Gender Equal Treatment Directive and the Gender Equal Treatment in Goods and Services Directive. The ECRI Recommendation No.2 states that (i) To inform Bulgarian society for the existing an- equality bodies should “promote the awareness of the general public to tidiscrimination standards on national and issues of discrimination and to produce and publish pertinent information international level in order to benefit from a fair, inclusive and documents”. Indeed, experience has shown that “a strategy based and united society with equal opportunities for all. exclusively on litigation and court decisions was not adequate to meet (ii) To increase public sensitivity to occurrences of dis- the challenge of achieving equality in practice and significantly reducing crimination; to raise awareness of individuals and discrimination”.11 The role of the promotion of equality is only defined in institutions to discrimination and inequality; and to urge them to realize their responsibilities and obligations 10 Interviews with equality bodies in the UK, Netherlands, Norway, Ireland and Sweden related to human rights and non-discrimination ensu- 11 Promoting Equality, Overview of Positive Measures used by Na- ing from the international commitments of Bulgaria. tional Equality Bodies, Equinet, September 2008

18 The Serbian CPE has preventative powers in that it is required to “monitor 3.5 Training the implementation of laws and other regulations, initiate the passing or amending of regulations for the purpose of implementing and developing Training can be divided into two sub-categories. Training for staff of the protection against discrimination, and provide opinions concerning the CPE and training provided by the staff of the CPE to others. provisions of draft laws and other regulations pertaining to the prohibition a. Training for CPE Staff of discrimination”.12 This is a strictly legal power related to the effective implementation of the CPE’s powers and jurisdiction. A more pragmatic It is essential that the CPE staff undergo capacity building activities approach in terms of a preventative policy is for the CPE to maintain relating to both substantive knowledge and to specific skills, such as close contacts with local authorities, municipalities and the government. dealing with the media. The CPE should incorporate purposeful efforts for For example, in Bulgaria the CPD has requested that each municipality administrative capacity building based on effective methods and tools appoint one official from the municipal administration who acts as a for human resources management, aimed at improving administrative non-discrimination contact point. The result is an active, functioning services’ quality and efficiency and to provide skills and knowledge to network of over 160 contact points in the same number of municipalities. draw upon European expertise and best practices. Training is important It is highly recommended that this approach is replicated by the Serbian for each employee since it creates an environment for career development CPE, which would also enable regional CPE coverage, without having to and growth, brings job satisfaction provides motivation. appoint regional CPE representatives (see section 3.1 Staffing, above). Another alternative would be to use the Anti-Discrimination Network EQUINET organises regular training seminars for its members to support and Referral once it is established. further capacity building of national equality bodies across the European Union. For example, training on solving discrimination cases from a Different types of promotion and outreach activities should be adopted comparative law perspective was recently held in Sofia (Bulgaria) in June for different target groups. For example, in Bulgaria, the frequent 2008 and a further seminar focusing on the challenges of addressing organization of open days for citizens in various remote towns has turned multiple discrimination from the perspective of the work of equality out to be the “active link” between CPD and people. In its awareness- bodies took place in Rome (Italy) in October 2008. The Equality Authority raising activities, the Commission strives to inform Bulgarian citizens will also be the host of an EQUINET Training for staff of equality bodies of existing anti-discrimination standards on national and international across Europe early next year in 2009 in Dublin, focusing on effective level in order to promote a fair, inclusive and united society with equal provision of information on rights. The Ministry for Labour and Social opportunities for all. These outreach activities should be aimed at Policy has recently applied for observer status with Equinet, which should providing basic and specific knowledge on non-discrimination and equal entitle it to observe at such trainings. It is highly recommended that once opportunities and an introduction to antidiscrimination standards. the CPE and his/her staff has been appointed, the Ministry facilitates their attendance at such trainings. It is also critical that the CPE establishes and maintains a good working relationship with the media. To this end, the CPE should undertake Training can take the form of career development training or vocational regular press conferences on relevant issues, special seminars, interviews development training and can be either compulsory or voluntary and promotional activities in order to reach as much of the population depending on the nature of the training. The main objective of career as possible. This is especially important during the period immediately development training is to provide administrative and management following the establishment of the CPE and when the CPE issues any knowledge and to develop the administrative skills of civil servants. reports. These activities should inform the public about the existence Career development training is based on introductory training providing of the CPE and its mandate and to promote the prevention of equality, knowledge and skills related to the main functions and modern standards highlight specific trends or other relevant information. for administration and management of the public sector.Training for vocational development aims to increase knowledge and develop skills A knowledge network of anti-discrimination focal points, both those and to motivate civil servants for improved implementation of their appointed in the municipalities and those forming the Anti-Discrimination obligations. Training for vocational development is actually continuing Network and Referral, can be easily established through collective email, training that gives additional skills and knowledge. which provides an efficient and effective method of communication. It is highly recommended that an assessment is undertaken of what training for civil servants currently exists in Serbia (this is outside of the scope of this report) in order to identify possible applicable trainings for the CPE staff. 12 See Article 33, point 7, of the Law on the Prevention of Discrimination in Serbia, 2009.

19 Some examples of training for CPE staff are as follows: Commission to be necessary or expedient for the purposes of meeting the duties of the legislation. With regard to knowledge management, • Training on the Anti-Discrimination Law and its provisions – pro- the Commission develops approaches to maximise the capture, vided by UNDP, the Ministry for Labour and Social Policy/Ministry communication and reuse of the Commission´s unique body of for Human and Minority Rights and other relevant providers information and knowledge so that it may fully inform not only our • Alternative Dispute Resolution and Media- own work, but that of all those with an interest in equality. tion – organised by the Centre for Mediation The area of research obviously has a broad remit and often only access • Administrative Management – organised by the Ministry to scarce resources. Therefore it is important to assess priorities through for Public Administration and Local Self-Government consultation with those affected and work on priorities strategically. • Anti-Corruption – provided by the new- Research should be taken across the range of equality grounds to ly formed Anti-Corruption Agency facilitate evidence-based policy formulation and to support the work of the CPE in general. It should be recognised that access to high quality, up- • The Civil and Criminal Procedure Code and Labour to-date research and information is a vital ingredient in both shaping and Law – organised by the Judicial Training Academy successfully delivering on the Commission´s strategic priorities. • Decisions Drafting – with lecturers from the Su- preme Court organised by the JTA With regard to knowledge management, the CPE needs to devise approaches to maximize the capture, communication and reuse of the • Tackling Multiple Discrimination Cases – based on the unique body of information and knowledge that will be gathered in its publication “Multiple Discrimination” of EQUINET work, to inform not only its own work but also that of all those with an Annual National Legal Workshops with speakers from Equinet, the EC, interest in equality. ECRI, ECHR and ECJ and from Serbian Courts and relevant NGOs The research should be used to identify common themes and areas of b. Training provided by CPE Staff to others discrimination, trends in victims and relevant research should be made available to the public. The CPE should be engaged in conducting trainings at national and The CPE should maintain a Database of all cases received and how they regional level for various target groups, for example, public au- have been processed and this should also be accessible by all. A good thorities, NGOs, employers/employees organizations, police officers, example of a the publication of case law is the Bulgarian Commission for judges and law practitioners, to provide basic and specific knowl- Protection against Discrimination which publishes its Compendium of edge on non-discrimination and equal opportunities, an introduc- Case Law of the Commission for Protection against Discrimination. tion to antidiscrimination standards, organizing open information days in many towns, etc. This complies with Article 33, subsection The CPE should also develop and maintain its own website, which will 6 of the Law on the Prevention of Discrimination, which states that contain normative acts, information relating to antidiscrimination the CPE “shall warn the public of the most frequent, typical and severe legislation, the procedure on how to file a case, any researches and cases of discrimination”. opinions undertaken by the Commission and relevant legal practice and case law (see above). 3.6 Research and knowledge management 3.7 Networking Knowledge development, incorporating research and knowledge management, should be a key area of CPE activity. Through research, The CPE should establish and maintain working relationships and policy development and special initiatives, it can be ensured that the CPE networks at the national and regional level and to a lesser extent at the can get ahead of emerging and evolving issues, provide research-based international level. advice, and inform and influence public debate. National Networking With regards to research, The Equality Commission for Northern Ireland undertakes research on its own and also assists others to do At the national level, networking should be undertaken with the so (financially or otherwise) where such research appears to the following bodies:

20 √ state and municipal authorities and administrations; 6. To support the development of statistical tools and methods √ the organs responsible for the protection of pub- and common indicators, where appropriate broken down by lic order and justice – e.g. Ministries of Interior gender and age group, in the areas covered by the programme; and Justice, judges and law practitioners; 7. To support and monitor the implementation of Community √ the media; law, where applicable, and policy objectives in the Member States, and assess their effectiveness and impact; √ NGOs; 8. To promote networking, mutual learning, identification and dis- √ the employees organizations from the state and private sector; semination of good practice and innovative approaches at EU level; √ trade unions and organizations of employers; and 9. To enhance the awareness of the stakeholders and √ The educational system - Ministry of educa- the general public about the EU policies and objec- tion and its Regional Inspectorates. tives pursued under each of the policy sections; √ Collaboration with the Ombudsman is essential. 10. To boost the capacity of key EU networks to promote, support and further develop EU policies and objectives, where applicable

Regionally The CPE should network with the Council of Europe, which seeks to On a regional level partnerships with equality bodies from EU and non- strengthen and develop human rights through various legal and political EU member states should be established. For non-EU member states, instruments adopted in the framework of intergovernmental cooperation. individual, direct partnerships will need to be created but for EU member In particular, the CPE should also network with the European Commission states, networking can be conducted through the framework of Equinet. against Racism and Intolerance (ECRI), which is the Council of Europe’s independent human rights monitoring body specialised in combating Equinet, is the European Network of Equality Bodies, which develops racism, racial discrimination, xenophobia, anti-Semitism and intolerance. co-operation and facilitates information exchange between Equality Additionally, the CPE should network with the various Committees of Bodies across Europe to support the uniform implementation of Experts including the Committee of Experts on Discrimination on Grounds EU anti-discrimination law and the levelling-up of legal protection of Sexual Orientation and Gender Identity for victims of discrimination. The aim of Equinet is to help Equality Bodies fulfill their mandates by establishing a sustainable network Internationally and resource base for the exchange of legal expertise, enforcement The CPE should also establish contact with relevant international equality strategies, training and best practice as well as a platform for dialogue bodies, UN agencies and international CSOs. with the European institutions.

Equinet brings together 33 organisations from 28 European countries, empowered to counteract discrimination as a national equality body across the range of grounds including age, disability, 4. Recommendations gender, race or ethnic origin, religion or belief, and sexual orientation.

Equinet supports equality bodies in fulfilling their unique mandate at 4.1 Recommended principles national level by creating a sustainable European network for exchange and cooperation relating to the implementation and promotion of non- a) Once the CPE is established, it will need to develop in- discrimination and equal treatment. dicators to measure and ensure its independence and ef- fectiveness – see pages 8-10 for suggested indicators. Equinet has six general objectives. These are: b) The independence and effectiveness indicators, once 5. To improve the knowledge and understanding of the situation pre- developed and agreed upon, should be monitored vailing in the Member States (and in other participating countries) by the international community and the EC/EU. through analysis, evaluation and close monitoring of policies;

21 4.2 Staffing • a description of the discrimination alleged to have oc- curred or to be occurring as referred to in the legislation a) Particular attention should be placed on staffing the CPE, within the institutional framework. It is recommended that the composition of the • a petition filed by an association or organization should include 12 members of the CPE is made up as follows: evidence showing the petitioner can be considered as such under the applicable law (for example, the Law on Citizens’ Associations) • 1 x Commissioner b) The Complaint should be submitted in one of the following ways, by • 3 x Assistants letter, fax or e-mail, while under exceptional circumstances complaints • 1x Administrative/Personnel Officer may be lodged orally in person or by telephone. • 1 x Receptionist/Part-time Administrative Officer c) The Anti-Discrimination Network and Referral will require training to • 1 x Finance Officer inform citizens of their rights under the Anti-Discrimination Law, explain how to file complaints, and perhaps even assist citizens in providing the • 3 x Lawyers – all of whom will be charged with dealing with indi- information necessary to submit a complaint. vidual complaints and must be legally qualified with experience in dealing with human rights cases. In addition, at least d) Victims must be kept at the centre of the process at all times and fully one must have a background in social science research informed of the developments of their case. • 1 x Researcher – to collect data amassed by the NGO network and undertake other areas of research as appropriate e) Follow-up client satisfaction questionnaires should be developed for monitoring and evaluation purposes. • 1 x Communications/PR Officer f) A comprehensive complaints policy should be developed aimed at b) It is recommended that the CPE considers adopting a field-based answering Frequently Asked Questions (FAQs) by the public. approach as the most appropriate model, in designating his/her deputies. 4.5 Promotion of equality and outreach 4.3 Reporting procedures a) The CPE should actively promote equality as well as a) It is recommended that regular external reporting mechanisms responding to instances of inequality. These outreach ac- should be established, ideally on a quarterly basis for interim tivities should be aimed at providing basic and specific reports and an annual or semi-annual basis for larger reports. knowledge on non-discrimination and equal opportunities b) Internal reporting structures should also be estab- and an introduction to anti-discrimination standards. lished and maintained with formal reporting being b) A network of Anti-discrimination focal points should undertaken on a quarterly basis and more informal re- be established in each municipality in coordination with porting occurring on a weekly and monthly basis. This the current Anti-Discrimination Network and Referral. should include financial as well as other reporting. c) A knowledge network of anti-discrimination focal points c) Reports must be made available to the public and combined with the Anti-Discrimination Network and Refer- feedback on the reports should be sought. The CPE ral can be easily established through collective email, which should appear in the media to increase awareness of provides an efficient and effective method of communication. the reports and to discuss the relevant issues. d) The CPE should conduct familiarisation and aware- 4.4 Individual Complaints ness campaigns with different stakeholders for ex- ample through open days, seminars etc. a) The contents of a complaint should consist of the following: e) The CPE should establish and maintain a good work- • the name and address of the petitioner ing relationship with the media, for example by un- dertaking regular press conferences, special seminars, • the name and address of the respon- interviews and other promotional activities. dent, if it is known to the petitioner

22 4.6 Training c) The CPE should maintain an active website with the following minimum information: a) Training should be provided for the CPE staff, both substantive training and skills training. • Introduction and mandate of the CPE b) The CPE should obtain observer status with Equinet as soon as possible • Relevant normative acts and participate in Equinet activities and opportunities to the greatest • Procedure for filing a case extent possible. • Relevant Research and opinions c) Assessment of current civil service training provision in Serbia should • Database of cases (see b above) be undertaken to identify applicable trainings. 4.8 Networking d) Suggested initial trainings for CPE staff include: a) Effective national networks should be established with the following • Training on the Anti-Discrimination Law and its provisions – pro- bodies as a minimum: vided by UNDP, the Ministry for Labour and Social Policy/Ministry for Human and Minority Rights and other relevant providers √ state and municipal authorities and administrations; • Alternative Dispute Resolution and Media- √ the organs responsible for the protection of pub- tion – organised by the Centre for Mediation lic order and justice – e.g. Ministries of Interior and Justice, judges and law practitioners; • Administrative Management – organised by the Ministry for Public Administration and Local Self-Government √ the media; • Anti-Corruption – provided by the new- √ NGOs; ly formed Anti-Corruption Agency √ the employees organizations from the state and private sector; • The Civil and Criminal Procedure Code and Labour √ trade unions and organizations of employers; and Law – organised by the Judicial Training Academy √ The educational system - Ministry of educa- • Decisions Drafting – with lecturers from the Su- tion and its Regional Inspectorates. preme Court organised by the JTA √ Collaboration with the Ombudsman and oth- • Tackling Multiple Discrimination Cases – based on the er independent bodies is essential. publication “Multiple Discrimination” of EQUINET b) Regional networks should be established and maintained with non- • Annual National Legal Workshops with speakers from Equinet, the EU members on an individual basis and with EU members under the EC, ECRI, ECHR and ECJ and from Serbian Courts and relevant NGOs auspices of Equinet. e) In time, training should also be provided by the CPE staff to others, for c) Networking should be established and maintained with all relevant example, public authorities, NGOs, employer/employee organisations, Council of Europe bodies including the European Commission against the police, judges and legal professionals etc Racism and Intolerance and various Committees of Experts including the Committee of Experts on Discrimination on Grounds of Sexual Orientation 4.7 Research and knowledge management and Gender Identity. a) The CPE will need to assess priorities but also take issues across the d) International networking should be conducted with relevant whole range of equality grounds to facilitate evidence based policy international equality bodies, UN agencies and international CSOs. formulation and to support its work in general. b) It is recommended that the CPE maintains an active database, capturing all reported cases, their outcomes and all relevant data.

23 5. Proposed study tours Contact Details Website: www.gleichbehandlungsanwaltschaft.at E-Mail:[email protected] Based on the recommendations included in this report, a study mission Tel: +431 532 02 44 will be organised for various stakeholders to visit well established equality bodies identified as examples of best practice in terms of the 5.2 Bulgarian Commission for Protection capacity development of equality bodies. It is recommended that a study against Discrimination visit be undertaken either to the Austrian Ombud for Equal Treatment, the Bulgarian Commission for Protection against Discrimination and/or It is also recommended that a study visit to the Bulgarian Commission for the Slovak National Centre for Human Rights. Protection and against Discrimination (CPD) would be highly beneficial for the Serbian CPE for a number of reasons.

5.1 Austrian Ombud for Equal Treatment 1. Out of all of the equality bodies studied, both EU mem- ber states and non-EU member states, the Bulgarian It is recommended that the CPE considers undertaking a study CPD’s mandate falls closest to that of the Serbian CPE -visit to . The Austrian Ombud for Equal Treatment (Gleichbehandlungsanwaltschaft) is a unique organisation which consists 2. Being one of the newest members of the EU, the Bulgar- of three independent parts with regard to their competences: ian CPE can advice on relevant steps and requirements in relation to EU accession that are relevant for the CPE. • Ombud for Equal Treatment between Women and 3. The Bulgarian CPD’s Strategy and Action Plan is Men in Employment and Occupation: 1991 an example of best practice from which the Ser- • Ombud for Equal Treatment irrespective of Eth- bian CPE could benefit from immeasurably nic origin, Religion or Belief, Age or Sexual 4. Similarly the Bulgarian CPD’s Compendium of Case-Law Orientation in Employment and Occupation: 2005 is also recognized as an example of best practice • Ombud for Equal Treatment irrespective of Eth- nic origin in other areas: 2005 Contact Details:

The grounds of discrimination covered are as follows: Website: www.kzd-nondiscrimination.com E-Mail: CPD Representative, Margarita Spasova [email protected] • Central office: gender, age, sexual orienta- Tel:++35928073035 tion, ethnic origin, religion and belief • Regional offices: gender 5.3 Slovak National Centre for Human Rights

The Ombud provides advice, support and information on equality The Slovak Centre for Human Rights is an independent legal person that issues in employment and occupation related to sex, ethnic performs tasks in the area of human rights and basic freedoms, including belonging, religion or belief, age and sexual orientation. Work the rights of children. It covers all grounds of discrimination covered by situations where equal treatment is particularly relevant include: the EU discrimination directives. engagement, termination of employment, remuneration, promotion, training and (sexual) harassment. In other areas of life The Slovak Centre for Human Rights is of particular interest to the CPE with regard to a person´s ethnic belonging the Ombud acts in the because of its regional centres and de-centralised approach and it is following areas: public goods and services, education, social protection suggested that if a study-tour to Slovakia is undertaken then efforts and social advantages and with regard to a person´s sex in the area of should be made to visit at least one regional centre in addition to the public goods and services. centralized headquarters in Bratislava.

The Ombud is able to represent and accompany cpotential victims at Contact Details: preliminary negotiations prior to legal proceedings. It can take a case to the Equal Treatment Commission and provide support throughout. Website: www.snslp.sk Email: [email protected] A study visit to the Austrian Ombud would allow for the Serbia Serbian Tel: +421 2 208 501 11 to witness and learn from a field based approach. In terms of assigning deputies.

24 ANNEX I - Diversity among equinet members

25 (€550,000;2); (€418,421;11); - Basque ANNEX I - Diversity among country (€973,176;5); Spain (€20,000;6)

equinet members 3) STRUCTURE

- Management Introduction • single headed equality bodies (led by director or ombudsman/ Equinet consists of 33 members - equality bodies established according commissioner) - Austria (3 Ombudsmen); (Ombuds- to the EU equality directives. There is a great diversity among them when man+3 deputies); (ombudsman+3 senior officers); it comes to: (Ombudsman); Danish Institute for Human Rights (Director+board); (Commissioner); (2 1) EXPERIENCE AND HISTORY Ombudsmen); (Head of Agency+advisory board); (Ombudsman+6 Deputy ombudsmen); • most experienced bodies – Austria (1991), Belgian Center (Ombudsman); Hungary - equal Treatment authority (President, for Equal opportunities and Opposition to Racism (1993), Vice-President+advisory body); Italy (General Director); Croatia (1992, reorganised in 2009), Cyprus (1991), Czech (ombudsman), (Ombudsperson); Norway (Head of Republic (1999), Danish Institute for Human Rights (est. 1987, Office+board); (President, Vice-president); Spain – reorganised in 2003), Finland – Ombudsman for Equal- Basque country (Ombudsperson); Sweden (ombudsman) ity between Women and Men (1987), Greece (1998), Hun- • collegiate headed bodies (led by a distinct board) - Bulgaria (9 gary – Ombudsman for National and Ethnic Minorities (1995), Commission members); Belgian Institute for Equality between Ireland (1999), Lithuania (1999), the Netherlands (1994), Women and Men (director, deputy director+board); Belgian Northern Ireland (1999), Norway (1998), Portugal (1999), Center for Equal opportunities (director, deputy director+board); Sweden (reorganised in 2009), the UK (reorganised in 2007) Danish Board of Equal Treatment (chairman, 2 deputy chair- • newly established equality bodies – - Institute for men, 9 members); (11 members chaired by President, Equality between Women and Men (2003), Bulgaria (2005), assisted by general director); Ireland (Ceo+Board); Danish Equal Treatment Board (2009), Estonia (2004), (panel of 5 members); Malta (commissioner+ members of Finland - Office if the Ombudsman for Minorities (2001), the Commission), the Netherlands (commission); Northern France (2004), Germany (2006), Hungary- Equal Treat- Ireland (Commission (+chief executive+chief commissioner)); ment Authority (2005), Italy (2004), Latvia (2007), Lux- (President, Vice-President+ steering board); Slova- embourg (2006), Malta (2004), Romania (2002), Slovakia kia (Executive Director+administrative board); Spain (chair, (2004), Spain - Basque country (2005), Spain (2003) vice-chair, 6 director generals, 21 other members); the UK (Commissioners+ senior management team+chief executive) 2) SIZE (BUDGET AND STAFF) - Independence • biggest bodies among equinet members – Belgian Center for Equal opportunities and Opposition to Racism (€6,966,000;65+20 • independent bodies - Belgian Center for Equal opportuni- on specific projects); Bulgaria (€1,650,000;42); Danish Institute ties; Belgian Institute for Equality between Women and for Human Rights (€806,000;100); France (€11,837,085;83); Men; Northern Ireland (Equality Commission for Northern Greece (€858,000;189, incl. administrative staff); Italy Ireland); Bulgaria (Commission for Protection against Dis- (€2,000,000;30); Ireland (€3,333,000; 38); Latvia (€1,286,899;54); crimination); Danish Board of Equal Treatment; Estonia Northern Ireland (€7,996,000;143); Romania (€245,000; out (Gender Equality Commissioner); France (Halde); Hungary of 91 positions foreseen 65 filled); Slovakia (€643,398;26); - equal Treatment authority; Ireland (Equality Authority); the Sweden (€8,875,000;100); The UK (€70,000,000; 500) Netherlands (Equal Treatment Commission); Portugal (Com- mission for Citizenship and Gender Equality); Romania (Na- • smallest bodies – Estonia (€59,000;2); Finland tional Council for Combating Discrimination); Sweden (€138,000;11); Lithuania (€736,094;11); Luxembourg

26 Equality bodies as parts of bigger structures (6) ; Germany (6); Luxembourg (6) ; Malta (2); Norway (5)

• human rights bodies – (Danish Institute for Hu- • more than six grounds covered – Belgian Center for Equal man Rights); Slovakia (National Center for human Rights); opportunities and Opposition to Racism (16); Bulgaria (18); the UK (Equality and Human Rights Commission) Croatia (17); Czech Republic (not defined); Danish Board of Equal Treatment (9); Estonia (14); France (18); Hungary – Equal • ministries / government bodies – Austria; Germany (Federal Treatment Authority (20); Greece (7); Ireland (8); Northern Anti-Discrimination Agency; Italy (National Office against Racial Ireland (7); Latvia (not defined); Lithuania (12); the Nether- Discrimination); Luxembourg (Centre for Equal treatment); lands (12); Romania (14); Slovakia (16); Sweden (7); UK (7) Malta (National Commission for the Promotion of Equal- ity); Spain (Council for the Promotion of Equal Treatment and Non-Discrimination on the grounds of Racial or Ethnic Origin) • offices of ombudsmen – Croatia; Cyprus; Czech re- public; Greece; Finland (2); Hungary; Latvia; Lithu- ania; Norway; Spain- Basque Country

4) POWERS

• quasi judicial bodies (power to issue legally or non-legally binding decisions) – Bulgaria, Danish Board of Equal Treat- ment, France, Hungary- Equal Treatment Authority, the Netherlands, Lithuania, Romania, Slovakia, Sweden • mostly promotional activities and legal support – Austria, Belgian Center for Equal opportunities, Belgian Institute for Equality between Women and Men, Croatia, Cyprus, Czech Republic, Danish Institute for Human Rights, Estonia, Finland – Office of the Ombudsman for Minorities, Finland – Ombudsman for Equality between Women and Men, Germany, Greece, Hungary, Italy, Ireland, Latvia, Luxembourg, Malta, Northern Ireland, Norway, Portugal, Spain, Spain-Basque Country, the UK

5) GROUNDS OF DISCRIMINATION COVERED

• bodies covering a single ground • sex / gender – Austria (regional offices of Ombud for Equal Treatment); Belgian Institute for Equality between Women and Men; Finland - Ombudsman for Equal- ity between Women and Men; Spain – Basque Country - Ombudsperson for Equality of Women and Men; Portu- gal – Commission for Citizenship and Gender Equality • race / ethnicity – Danish Institute for Human Rights, Finland – Ombudsman for Minorities; Hungary- Ombudsman for National and Ethnic Minorities; Italy – National Office against Racial Dis- crimination; Spain - Council for the Promotion of Equal Treatment and Non-Discrimination on the grounds of Racial or Ethnic Origin • more than one ground and up to six grounds covered – Aus- tria (Central office of Ombud for Equal Treatment) (6); Cyprus

27 I - List of current Equinet Members

Member Date of Number of Yearly Grounds of discrimi- Structure / Man- Powers establish- staff budget (€) nation covered agement ment 1 Austria 01/01/1991 25 1,668,000 Central office: Gender, age, 3 Ombudsmen - provision of indi- Ombud for Equal sexual orientation, ethnic vidual support and Treatment belonging, religion and legal representation belief - reporting to the National Assembly Regional offices: Gender, on its observations race, skin colour, descent, and making recom- national or ethnic origin, mendation nationality, sexual orienta- - researching on tion, marital status, birth, discrimination issues fortune, age, religious or - promotional works philosophical conviction, current or future state of health, a disability, a physi- cal or genetic characteristic, social origin, political conviction 2 Belgium 15/02/1993 65 full-time 6,966,000 The Board: 21 - promotional works Centre for Equal equivalent + members, director, - provision of indi- Opportunities approximately deputy director and 4 vidual support and and Opposition to 20 people coordinators legal representation Racism working on specific projects 3 Belgium Institute 1/06/2003 27 2,282,753 sex Administrative council - promotional works of Equality between (14); director, deputy - provision of indi- Men and Women director vidual support and legal representation 4 Bulgaria Commis- 13/04/2005 42 1,650,000 sex; race; nationality; ethnic 9 Commission - promotional works sion for Protection belonging; human genome; members, including - provision of indi- against Discrimina- citizenship; origin, religion the chairman and the vidual support and tion or belief; education; convic- deputy chairman legal representation tions; political affiliation; - issuing legally personal or public status; binding decisions disability; age; sexual - quasi judicial body orientation; family status; property status; any other characteristics established by a law or by an interna- tional agreement to which the Republic of Bulgaria is party 5 Czech Republic Est. by law 26,000 Ombudsman - promotional works Office of the Public 349/1999 of - provision of legal Defender of Rights 8 December support 1999

28 6 Croatia October 1992 31 61,912 race or ethnic affiliation or Ombudsman and 3 - promotional works Office of the colour, gender, language, deputies - provision of legal Ombudsman religion, political or other support belief, national or social ori- gin, property status, trade union membership, educa- tion, social status, martial or family status, age, health status, disability, genetic heritage, gender identity and expression or sexual orientation

7 Cyprus 18/01/1991 41 329,000 racial or ethnic origin, Commissioner for - powers to issue Office of the religion or belief, disability, Administration decrees and/or Commissioner for age, sexual orientation and (Ombudsman) and 3 impose monetary Administration gender senior officers fines on individuals/ (Ombudsman) organisation who do not comply with Ombudsman’s recommendation - promotional works - provision of legal support 8 Denmark 01/01/2009 265,000 gender, race, colour, The Board consists of - quasi judicial body Board of Equal religion or belief, political one chairman and two - handling indi- Treatment views, sexual orientation, deputy chairmen and vidual complaints age, disability or national, nine other Members - public information social or ethnic origin. activities Outside the labour market, the Board deals with complaints related to dis- crimination based on race, ethnic origin or gender 9 Denmark Danish 1987 100 806,148 race and ethnicity only DIHR’s Director and - promotional works Institute for Human the DIHR Board (13) - provision of legal Rights (DIHR support

10 Estonia 01/05/2004 2 59,000 Sex, race, ethnic origin, reli- Gender Equality and - provision of non- Gender Equality gion, belief, age, disability, Equal Treatment Com- binding opinions Commissioner sexual orientation, family missioner concerning possible status, membership of a - single headed body cases of discrimina- trade union, social status, tion language skill, compulsory - promotional works military service or other - legal support for individuals 11 Finland 2001 7 834,200 supervision of ethnic Ombudsman - promotional works Office of the discrimination: it does - single headed body - legal support for Ombudsman for not cover discrimination individuals including Minorities based on language, sexual assisting before the orientation, ideology or courts disability 12 Finland Ombuds- 01/01/1987 11 138,000 Gender and gender Ombudsman - promotional works man for Equality minorities - legal support between Women and Men

29 13 France 30/12/2004 83 11,837,085 Gender, origin, way of 11 members chaired - promotion of High Authority life, genetic character- by President, assisted equality against Discrimina- istics, health, real or by General Director - assistance to the tion and for Equality assumed belonging to an victims of discrimi- (HALDE) , nation, race, nation in creating surname, political opinion, and completing pregnancy, religious belief, their case files age, disability, sexual - competence to orientation, family / marital propose penal status, union activity, physi- settlements cal appearance 14 Germany Federal August 2006 21 2,990,000 Race or ethnic origin, Head of the Federal - promotion of Anti-Discrimination gender, religion or belief, Anti-Discrimination equality Agency disability, age, sexual Agency+ advisory - legal advice for orientation board victims of discrimi- nation - academic studies into discrimination 15 Greece 10/04/1998 189 858,000 race, ethnic origin, age, Ombudsman+ 6 - mediation be- Office of the religious and other beliefs, deputy ombudsmen tween citizens and Ombudsman sexual orientation, dis- public services ability and gender - promotional activities - power to issue non-binding recom- mendations 16 Hungary February 2005 19 804,775 sex, racial origin, colour, President, vice- - power to issue Equal Treatment nationality, national or eth- president, advisory legally binding Authority nic origin, mother tongue, body (6) decisions disability, state of health, - promotional religious or ideological activities conviction, political or other - giving legal advice opinion, family status, to complainants motherhood (pregnancy) or fatherhood, sexual orientation, sexual identity, age, social origin, financial status, the part-time nature or definite term of the employment relationship or other relationship related to employment, the member- ship of an organisation representing employee’s interests, other status, at- tribute or characteristic 17 Hungary 1995 21 643,000 Belonging to a national or Ombudsman - power to issue Ombudsman for ethnic minority non-binding recom- National and Ethnic mendations Minorities - legal assistance for victims but rep- resentation before the court - promotional activities

30 18 Ireland Equality October 1999 38 3,333,000 Gender, marital status, Chief Executive Of- - promotional Authority (2009) family status, disability, ficer +Board (12-16 activities sexual orientation, race, members) - legal assistance to religion and membership of victims of discrimi- traveller community nation - undertake or spon- sor research 19 Italy National 11/05/2004 30 2,000,000 Race and ethnic origin, General Director - promotional Office against Racial religion activities Discrimination 20 Latvia 2007 54 1,286,899 Principle of equal treat- Ombudsman and - power to issue of Office of the (2009) ment, principle of non- Head of Discrimination non-binding recom- Ombudsman of the discrimination (nationality, prevention depart- mendations for Republic of Latvia religion, social background, ment private and public (former Human material or health condi- bodies Rights Office) tions, sexual orientation, - promotional political or other views, activities etc.) 21 Lithuania 25/05/1999 11 736,094 Race or ethnic origin, sex, Ombudsperson - legal assistance for Equal Opportunities sexual orientation, religion victims of discrimi- Ombudsman or beliefs, disability or nation age, nationality, origin, - submitting language, social status, recommendations convictions or views and to State government other grounds foreseen in and administration the constitution and laws institutions - impose adminis- trative sanctions 22 Luxemburg Centre 28/11/2006 2 550,000 Race, ethnic origin, sex, Panel of 5 members - legal assistance to for Equal Treatment sexual orientation, religion (including chairman) victims of discrimi- or beliefs, handicap or age nation - promotional activities - issuing recom- mendations 23 Malta Jan 2004 11 418,421 Gender and race/ethnic Commissioner - legal assistance to National Commis- origin +members of the victims of discrimi- sion for the Promo- Gender and family respon- Commission (policy) nation tion of Equality sibilities Executive director - promotional activities 24 Netherlands Equal 01/09/ 1994 5,106,485 Sex, race, nationality, Commission - quasi-judicial body Treatment Com- religion, sexual orientation, (non-legally binding mission civil status, political convic- decisions) tion, belief (all since 1994), - promotional duration of employment activities relation (fulltime or part- time; since 1996), employ- ment relation (permanent or temporary; since 2002), disability or chronic illness (since December 2003) and age (since May 2004)

31 25 Norway Equality 11/09/1998 13 5,750,000 Religion or belief, race, Head of the Office, - promotional and Anti-Discrimi- colour or ethnic origin, na- working in conjunc- activities nation Ombud tional origin and language tion with a Head of - legal assistance to Legal Aid +board victims of discrimi- nation 26 Portugal Commis- 1999 18 3,518,048 Mainly gender, but recently President, supported - promotional sion for Citizenship more grounds of art. 13 by a Vice-president activities and Gender Equality 27 Romania National Aug 2002 65 245,000 Sex, sexual orientation, President, Vice- - quasi-judicial body Council for Combat- race, nationality, ethnic President, Members of - promotional ing Discrimination origin, language, religion, the Steering board (9 activities beliefs, age, disability, members) - legal assistance to chronic non-contagious victims of discrimi- diseases, persons infected nation with HIV or belonging to - issuing legally a disfavoured category binding decisions (refugees, asylum seekers etc.) family status, social origin 28 Slovakia National 1994 26 643,398 All grounds covered by the Executive Director and - promotional Centre for Human relevant EU directives + Administrative board activities Rights nationality, marital / family - legal assistance to status, colour, language, victims of discrimi- political affiliation, other nation conviction, national or - conducts research social origin, property, and surveys lineage or any other status - issuing non-legally binding decisions

29 Spain 30/12/2003 6 20,000 Racial or ethnic origin Chair, 2 Vice-chairs, 6 - promotional Council for the Director Generals+21 activities Promotion of Equal other members - provide indepen- Treatment and dent assistance to Non-Discrimination victims on the grounds of Racial or Ethnic Origin 30 Spain – Basque Est. by Basque 5 973,176 gender Ombudsperson - promotional country Ombud- Parliament Act activities person’s Office for 4/2005 of 18 - legal assistance to the Equality of February 2005 victims of discrimi- Women and Men nation of the Autonomous Community of the Basque Country 31 Sweden Equality 1/1/2009 100 8,875,000 Sex, transgender identity Equality ombudsman - promotional Ombudsman or expression, ethnicity, activities religion or other belief, dis- - legal assistance to ability, sexual orientation victims of discrimi- and age nation - power to issue legally binding decisions

32 32 UK – October 2007 500 70,000,000 Age, disability, gender, Commissioners Senior - promotional Equality and Human reassignment of gender, Management Team activities Rights Commission race, religion or belief and and Chief Executive - legal assistance to sexual orientation victims of discrimi- nation - undertaking research 33 UK - Northern October 1999 143 7,996,000 Sex; race; disability; Commission has a full- - providing advice, Ireland religious belief and political time Chief Executive; information, sup- Equality Commission opinion; sexual orientation. Chief Commis- port and guidance for Northern Ireland Responsibility for age sioner and a part-time to potential discrimination Deputy Chief Commis- claimants sioner and a board of - promotion of up to an additional 18 equality Commissioners

II – List of Equinet Observers

1 Poland Ministry of Labour and Social Policy – Department of Women, Family and Counteracting Discrimination 2 Portugal High Commission for Immigration and Intercultural Dialogue (ACIDI)

33 REPORT ON THE CAPACITY DEVELOPMENT AND INSTITUTIONAL STRENGHTENING OF THE COMMISSIONER FOR THE PROTECTION OF EQUALITY

Author: Joanna Brooks

Co-author Siniša Milatović

Project coordinator: Milovan Batak

Publishers: United Nations – Development Programme, Office in Serbia Internacionalnih brigada 69, Belgrade +381 11 2040 400, www.undp.org.rs Ministry of Labour and Social Policy Project “Support to the implementation of Anti-discrimination Legislation and Mediation in Serbia” funded by the European Union Ruzveltova 61, Belgrade, +381 11 3293 474

Editors: Olivera Purić, Deputy Resident Representative a.i. Marija Mitić, Project Manager “Support to the implementation of Anti-discrimination Legislation and Mediation in Serbia“

Design: Nenad Bjegović

“The views expressed in this publication are those of the author and do not necessarily represent those of the United Nations Development Programme, The Ministry of Labor and Social Policy of the Republic of Serbia or of the European Union.”

34 35 antidiscrimination

Serbia

UNDP is the UN's global development network, an organization advocating for change and connecting countries to knowledge, experience and resources to help people build a better life.

United Nations Development Programme (UNDP) PO Box 3 Internacionalnih brigada 69 11000 Belgrade Serbia Phone: +381 11 20 40 400 Fax: +381 11 3 44 43 00 www.undp.org.rs