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Report 1/2017 on Implementation of the Action Plan for the Realization of Rights of National Minorities

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Report 1/2017 on Implementation of the Action Plan for the Realization of Rights of National Minorities REPORT 1/2017 ON IMPLEMENTATION OF THE ACTION PLAN FOR THE REALIZATION OF RIGHTS OF NATIONAL MINORITIES ~ CONTENT ~ INTRODUCTORY REMARKS ................................................................................................ 3 I PERSONAL STATUS POSITION ................................................................................ 5 II PROHIBITION OF DISCRIMINATION .................................................................... 18 III AREA OF CULTURE AND MEDIA .......................................................................... 42 IV FREEDOM OF RELIGION ....................................................................................... 108 V THE USE OF LANGUAGE AND SCRIPT .............................................................. 111 VI EDUCATION ............................................................................................................. 125 VII DEMOCRATIC PARTICIPATION .......................................................................... 188 VIII APPROPRIATE REPRESENTATION OF NATIONAL MINORITIES IN PUBLIC SECTOR AND PUBLIC ENTERPRISES ................................................................. 190 IX NATIONAL COUNCILS OF NATIONAL MINORITIES ....................................... 206 XI INTERNATIONAL COOPERATION ...................................................................... 249 2 REPORT ON IMPLEMENTATION OF THE ACTION PLAN FOR THE REALIZATION OF RIGHTS OF NATIONAL MINORITIES (for activities due until the I quarter of 2017, including continuing activities) INTRODUCTORY REMARKS With the adoption of the Action Plan for Negotiation Chapter 231 (hereinafter referred to as: AP NC 23), he Republic of Serbia has set its strategic orientation towards improving the institutional and legislative framework in the field of fundamental human and minority rights and freedoms. AP NC 23 identifies the need to improve the position of national minorities and provides for the creation of a special action plan for the realisation of the rights of national minorities2 (hereinafter referred to as: Action Plan). The Action Plan is a medium-term strategic document that contains strategic goals set in accordance with the recommendations of the Advisory Committee of the Framework Convention of the Council of Europe, whose implementation is necessary for removing the deficiencies in the realisation of the rights and freedoms of national minorities. The Action Plan is fully in line with the umbrella strategic document, AP NC 23, as well as with other relevant strategic documents. Monitoring the implementation of the Action Plan is entrusted to the Council for National Minorities, in order to realize both full inclusiveness of national minorities in the monitoring process and the full coordination of the work of state bodies and providing the highest level of support for the implementation of planned activities. The Council for National Minorities is a working body of the Government of the Republic of Serbia, which includes the competent national authorities and the presidents of the National Councils of National Minorities. The Council for National Minorities meets at least four times a year (quarterly). In the process of monitoring of the implementation, the expert, administrative and technical support to the Council for National Minorities shall be provided by the Office for Human and Minority Rights. Office for Human and Minority Rights collects quarterly the data on the implementation of activities and prepares quarterly reports on the implementation of the Action Plan. Reports on the implementation of the Action Plan of the Office for Human and Minority Rights shall be submitted to the Council for National Minorities and the Coordination of National Minority 1 http://www.mpravde.gov.rs/tekst/12647/akcioni-plan-za-pregovaranje-poglavlja-23-usvojen-na-sednici-vlade- srbije-27-aprila-2016.php 2 http://mduls.gov.rs/doc/Akcioni%20plan%20za%20ostvarivanje%20prava%20nacionalnih%20manjina%20- %20usvojen%203.mart%202016.pdf 3 Councils. In order to monitor the implementation of the Action Plan in connection with the negotiation chapter 23 and the implementation in the part in which it substantively overlaps with AP NC 23, the reports shall be submitted to the Council for the Implementation of the Action Plan for NC 23. Civil society organizations will be involved in the monitoring of the implementation of the Action plan through meetings of the Negotiating Group for Chapter 23 with the National Convention for Accession to the EU, on which the Action plan will be one of the topics. The third official reporting cycle was conducted in the period from 1st to 24th March 2017. The third report covers the following: 1. A detailed report on the implementation of activities carried out during the reporting period; 2. Action plan for realization of the rights of national minorities, which contains a separate column on the status of implementation of activities; 3. Statistical overview of the status of implementation of the Action Plan for the realization of rights of national minorities at several levels: - Implementation of activities at the level of the Action Plan; - Implementation of activities at the level of individual chapters; - Implementation of activities at the level of activity stakeholders and partners. 4 I PERSONAL STATUS POSITION ACTIVITY: 1.1. Supplements and amendments to the Law on the Protection of the Rights and Freedoms of National Minorities to regulate the right to enter data on the nationality of members of national minorities in public documents, official records, and collections of personal data, in accordance with the constitutional principle of free expression of ethnicity. DEADLINE: For adoption: II quarter of 2016 For implementation: Continuously, starting from entry into force STATUS: The activity is almost completely realized STAKEHOLDERS AND PARTNERS: . The Ministry responsible for public administration and local-self government . National Assembly . National Councils of National Minorities REPORT: 2016/1-2 The Minister of State Administration and Local Self-Government issued on 20 November 2015 the Decision on the establishment of the Special Working Group for preparation of the Draft Law on Amendments to the Law on Protection of Rights and Freedoms of National Minorities. With the support of the OSCE Mission in Serbia, two experts were engaged in the field of human and minority rights, who prepared the draft of baselines of the said law, to which the necessary changes were proposed in order to comply with the Constitution and systematic laws, as well as the implementation of affirmative measures envisaged in the AP for Chapter 23, and in order to allow the implementation of other activities from the AP for realization of minority rights. Special Working Group (the work of which also includes representatives of National Councils of National Minorities) held two meetings, and four meetings were held at expert level. The drafting of the working version of the draft of this law is in progress. The formation of the new Government (on August 11, 2016) created conditions to convene a Special working group in the new mandate, to prepare the draft of this law and to conduct a public hearing. 2016/3-4 Special working group created the Draft Law on Amendments to the Law on Protection of Rights and Freedoms of National Minorities. On the proposal of the Ministry of Public Administration and Local Self-Government, the Legal System and Public Administration Committee adopted the Conclusion on the 6th of December 2016, ordering the public hearings on the draft law in the period from 8th to 28th December 2016. On the 22nd of December 2016, during a public hearing, a round table was held, in which representatives of relevant state bodies, national councils of national minorities, civil society organisations, representatives of academic communities, the international communities and other stakeholders took part in. Coordination of the National Minority Council held meetings on the 14th of July in Novi Pazar, on the 30th of September in Kovačica and on the 16th of December in Belgrade, where the present were introduced with the work of the working group regarding the Draft Law on Amendments to the Law on Protection of Rights and Freedoms of National Minorities for regulating the right to entering data on the national affiliation of a national minority member in public documents, official records and collections of personal data, in accordance with the constitutional principle concerning the freedom of expressing national affiliation. 2017/1 5 Ministry of Public Administration and Local Self-government has prepared the Draft Law amending the Law on Protection of the Rights and Freedoms of the National Minorities that has been directed for further conduct procedure for getting opinions of the European Commission, authorised ministries and other bodies of public administration. Coordination of national councils actively participates in drawing up amendments to the Law on National Councils both through their representative in the working group and letters directed to the Ministry of Public Administration and Local Self-government. ACTIVITY: 1.2. Amendments to the Law on Registry Books to regulate the manner of entry of data on ethnicity into birth registry. DEADLINE: IV quarter of 2016 STATUS: The activity is partially realized. STAKEHOLDERS AND PARTNERS: . The ministry responsible for state administration . National Assembly . National councils of national minorities REPORT: 2016/3-4
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