HB-No51-Vojvodina's Statute

HELSINKIBulletin Helsinki Committee for Human Rights in Serbia

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No 51 ● December 2009

Vojvodina’s Statute: First Major Step towards Modernization And Decentralization

Adoption of Vojvodina’s Statute is a Science /SANU/, along with some uni- major event indicative of an irrevoca- versity circles. They will be seizing every ble trend. Though obstructed and opportunity that has anything to do with postponed so many times, the adop- Vojvodina to stand in the way of the ad- tion of the Statute is a step towards a vocates of autonomy. new frame within which the province will be making better use of its own Battle for Statute resources and the possibilities EU provides, particularly for regional de- The Assembly of Vojvodina declared the velopment. new Statute on November 19, 2009, At the same time, the adoption whereas the republican parliament is a victory of the political current for adopted the Law on Transfer of Authori- a decentralized and modern Serbia. It ties to Vojvodina and gave a green light will surely encourage other regions as to the Statute on November 30, 2009. well to seek decentralization and Out of 163 MPs attending the parliamen- loosen Belgrade’s grip. tary session, 138 gave their vote to the The newly adopted Statute fits Law and 137 for the Statute. Nikolic’s into the legal frame of the 2006 Con- “progressists” did not participate in the stitution. However, Vojvodina will vote. hardly be in the position to fully effec- Though the media had been se- tuate the powers transferred to it un- verely campaigning against the Statute, der the Statute unless it controls all of its very adoption found little echo in the its resources. Given that the Law on public. The months-long campaign Transfer of Authorities fails to define abounding in dirty tricks, humiliation, some crucial questions such as prop- unprincipled stands and incompetence, 1 erty and finances the actual imple- as Provincial Secretary for Administra- mentation of the powers the province tion, Regulations and National Minorities has been invested with remains to be Tamas Korhec labeled it, could not have seen. but fastened on people’s mind. Besides, The conservative bloc with Vo- neither autonomists nor their opponents jislav Kostunica at helm sees the are satisfied with the adopted provisions Statute as a separatist threat. Apart – the former because they got less than from Kostunica’s Democratic Party of they expected and the latter because Serbia /DSS/ the loudest opponents they take that the former got more than of the Statute are the Serb Progressive they would be ready to give them. Party /SNS/, the Serb Radical Party /SRS/, the Serb Orthodox Church and the Serb Academy of Arts and 1 Dnevnik , December 5, 2009. 1

Ever since the provincial parlia- tists. All it /Vojvodina/ has to do is to ment adopted it (October 2008) the take over the already developed seces- Statute has been strongly denied and sionist idea and put in action the ac- politically criminalized. Sandor Egersi, quired media, institutional and finances president of the provincial parliament, resources – and we are getting yet an- tried hard to counteract the negative other state on Serbia’s soil,” says An- effects of the propaganda against the tonic. . 4 Statute by touring towns in Serbia Vojislav Kostunica, DSS leader, and presenting its contents. All his commented the draft statute and the efforts were in vain since main subsequent law as Serbia’s “return to the sources of resistance were in Belgrade status of a paralyzed state.” “That’s a rather than in provinces. 2 step towards federalization or disman- The official Belgrade’s attitude tlement of Serbia by the model of the towards suggestions and initiatives 1974 Constitution,” said Kostunica. 5 Ac- coming from Vojvodina, and towards cording to him, the actual government the Statute itself, mirror its stance bestows on Vojvodina elements of state- about a more important issue – decen- hood and turns it into a state within a tralization of Serbia. According to state. 6 economist Vladimir Gligorov, Bel- Miroslav Alimpic, professor at the grade’s attitude towards decentraliza- Novi Sad University, shares his view. tion actually reveals its aspirations for “The incumbent government prepares powers it want to keep for itself. the terrain for Vojvodina’s secession. Au- “There is a strong, centralistic ten- tonomists or their political heirs have dency in Serbia – simply because cen- evolved considerably. They no longer tralism invests the central govern- demand just political, economic and cul- ment, the President, the administra- tural autonomy but also total separation tion, the police, the army and the from Serbia and establishment of a re- Church with more power…There is public with all characteristics and pre- also a strong resistance to any trans- rogatives of an independent state,” says fer of authority to lower levels of gov- Alimpic. 7 What Serbia needs, he stresses, ernance, particularly if such transfers are law and order, peace, work, disci- are lasting and unchangeable,” says pline and political stability – and the only Gligorov. 3 way to reach these goals without unnec- essary delay is to withdraw everything Opposition by conservative bloc dealing with Vojvodina from procedure. All DSS officials agreed that “unconstitu- Parts of Serbia’s intellectual elites, tional draft statute should be withdrawn rightist parties, Church, various from parliamentary procedure and re- quasi-patriotic organizations and the turned to the provincial assembly, which so-called analysts teamed up to op- must adjust it to the Constitution.” 8 pose “Vojvodina laws,” the Statute in Another course of action “Vo- the first place. The fact that both Kos- jvodina’s separatists” are taking to attain ovo and Montenegro declared inde- their goal, say their critics, is establish- pendence before the Statute came un- ment of “crypto-state institutions” such der discussion only fueled their resis- as Vojvodina’s Academy of Arts and Sci- tance. “A separatist ideology is already ences /VANU/. Slobodan Antonic indi- rooted in Vojvodina,” claims political cates that the statutory provisions on analyst Slobodan Antonic and warns VANU are significant symbolically and that adoption of a “crypto-federalist says, “Revival of VANU is a symbolic Statute” and “institutional corpus prelude to creation of a new state and a separatum” would destroy the coun- new nation.” For a small country such as try’s constitutional whole. “Hence, Vo- Serbia, “regional academies of sciences jvodina will become a semi-state with sufficient resources of its own ena- bling its elite to rerun the scenario of 4 www.nspm.rs . Slovenian and Montenegrin separa- 5 Večernje novosti , 12. novembar 2009. 6 Isto. 7 Miroslav Alimpic, „Serbia and Vojvodina: People 2 Dnevnik , 28. novembar 2009. Must Know the Truth,“ at www.nemasale.rs . 3 Dnevnik , 2. septembar 2009. 8 Dnevnik , October 12, 2009. 2

are senseless and cannot be either ated bureaucratic monster may easily scientifically or functionally justified.” 9 transform into a quasi-nation and a Synod of the Serb Orthodox quasi-state,” say the authors of the letter Church also expressed its concern and, hence, appeal to the President of over the establishment of VANU. “Un- the Republic and MPs to deny “support constitutional establishment of the so- to this deadly concept for Serbia’s decen- called Vojvodina’s Academy of Arts tralization.” 10 and Sciences is supposed to endow Over the parliamentary debate the Vojvodina Serbs with a specific na- SNS leader, Tomislav Nikolic, asked, tional identity,” says Synod in a re- “How far you think you can go with the lease. “The Synod is much concerned so-called autonomy without anyone call- over sovereignty and territorial integ- ing you to account for making a state rity of the state of Serbia which were within a state? And how come that only first seriously undermined – and tem- Vojvodina is committed to European val- porarily, we hope – by seizure and oc- ues? What do you think the rest of us cupation of Kosovo and Metohija , and are? Savages?” 11 The Vojvodina Statute then by the attempt to turn the has a quasi-constitutional structure be- Autonomous Province of Vojvodina cause it has a preamble referring to citi- into a new state within a state,” zens of Vojvodina, which our Constitu- quotes the release. “As this draft stat- tion does not recognize, and because it ute opens the door to further decom- defines a territory, emblems, a capital, position and destruction of the already property…Since over one hundred com- shrunk and crippled Serbian state, we petences are transferred from Serbia to appeal to the President of the Repub- Vojvodina, we are going to get Serbia lic, the Premier and the Parliament to composed of two parts, politically and present this communication and re- administratively – Serbia proper as it was quest of ours to the parliamentary at the time of Brioni Yugoslavia and Vo- session discussing the issue, and jvodina,” said DSS Vice-president Slobo- hope MPs would consider our argu- dan Samardzic. 12 As for Dragan To- mentation with due attention and vote dorovic, SRS vice-president, adoption of against such an obviously unconstitu- the Statute will be among the govern- tional act,” concludes the release. ment’s “historically most harmful mo- tions,” even “more harmful that occupa- Final assaults at Statute tion of Kosovo.” “While Kosovo was snatched away from us, Vojvodina will be Ideological duo of the New Serbian given away with our blessing. By adopt- Thought magazine, Slobodan Antonic ing the Statute Serbia gives up Vojvodina and Djordje Vukadinovic, publicized and paves the way for a new federal an open letter to the President and unit,” he said. 13 “I dislike this edifice,” MPs on the very day the draft statute said Gordana Pop-Lazic of SRS, “because and law on transfer of powers were on this is where states were being dissolved. the parliamentary agenda. The two This is a historical session, and you will warn that the process of decentraliza- go down in history, Mr. Cvetkovic, as a tion in Serbia is uncontrolled and man who signed the Cvetkovic-Canak thoughtless, and that all the conse- agreement.” 14 quences of renouncement of a number “Autonomy, yes – state in a state, of major state powers have not been no,” this was how MP Branko Ruzic self- considered. “Today’s Serbia is too confidentially voiced the maxim of Social- small to accommodate a ‘region’ such ist Party of Serbia – Unified Serbia par- as Vojvodina…A state-like entity with liamentary caucus. Even before the par- two million citizens established north liamentary debate begun, the Socialists of Sava and Danube rivers is a quasi- behaved triumphantly. Namely the draft state organism within Serbia and – a statute under parliamentary discussion time institutional bomb with delayed differed the version adopted by Vojvodina action.” In more favorable interna- tional circumstances “the newly cre- 10 www.nspm.rs . 11 Dnevnik . 12 Glas Javnosti , November 25, 2009. 9 Slobodan Antonic, „Battle for Vojvodina“ at 13 Glas Javnosti , November 25, 2009. www.nspm.rs . 14 Danas , November 25, 2009. 3

parliament on October 14, 2008 – it est legal act of the Autonomous Province was amended by SPS’s “legal and of Vojvodina.” 17 technical corrections.” “This is the Critical remarks coming from the biggest defeat of autonomist in the ranks of autonomists were strong. For past two decades. Their concept for instance, that centralistic and nationalis- Vojvodina as a republic failed. Anyone tic Serbia uses the Statute to show its claiming he got a republic by getting muscles to Vojvodina and to humiliate Vojvodina Academy of Arts and Sci- it. 18 The draft statute was called “an act ence must be just a maestro of adver- for legal parade only” stripped of any tising,” commented Ivica Dacic, SPS sound legal justification. In political leader. 15 terms, the Statute was interpreted as Commenting of the new version consent to an inferior status and hu- of the statute, Slobodan Antonic miliation, actually, “an act upholding the pointed out that “most horrible provi- fat provincial bureaucracy that only sits sions have been deleted” and that “the on its hands since Vojvodina is not in- Statute can no more be a tool for mo- vested with any real powers.” 19 bilizing and integration of the opposi- “Actually, neither the old nor the tion.” “No doubt that the opposition new statute gives Vojvodina anything will continue to assault the Statute. that would justify its existence and bene- But after Dacic’s amendments, it will fit. The republican parliament was not be hard to convince citizens that this only displeased with this specific draft document is so disastrous to necessi- statute, it is displeased with any draft tate any action beyond institutions.” statute whatsoever, it is displeased with “Therefore, the opposition should fo- Vojvodina’s very existence and name,” cus on the Law on Transfer of Pow- said Radivoje Stepanov, professor at the ers,” says Antonic, “because it sets the Novi Sad University. “Vojvodina needs foundation for institution-building in not a statute, it needs a constitution,” he Vojvodina, the elite of which – eager to concludes. Djordje Subotic, president of maximally spread its power – will be the Vojvodina Club, shares this view. trying to take over all the competences “Vojvodina needs a constitution that de- it is not allowed to have. The opposi- fines its statehood, including judicial, tion must act in the interest of this executive and legislative powers, its right country and people, and do all it can to decide on its property, sources of in- so that the autonomist bureaucracy come, natural and labor resources,” he gets as little as possible power and says. 20 Asked why politicians in power money,” says Antonic. 16 would not consider a constitution for Vo- jvodina, Stepanov replies, “Because, like Autonomists’ response all authoritarians, they stick to a dis- torted, simplified and pragmatic formula Autonomists are dissatisfied though for a state: keep up, rather than give the Statute is now adopted. “We con- up.” 21 tinue advocating,” said Istvan Pastor, The Alliance of Vojvodina Social president of the Alliance of Vojvodina Democrats /SDPV/ called the Statute a Hungarians, “an autonomy for Vo- miserable bylaw, whereas the Law on jvodina that implies legislative, execu- Transfer of Powers a misnamed act be- tive and judicial powers.” “We take cause it only provides “entrusted tasks.” this Statute almost insignificant and Vojvodina is still a pending issue and no attainment at all,” said Nenad Ca- Serbia cannot become a modern state nak, LSV leader, “because it doesn’t with its actual constitution, says SDPV. 22 even touch on legislative, judicial and executive powers, let alone sources of income and property. And these are 17 Dnevnik , October 16, 2009. five fundamental demands our League 18 Djordje Subotic, „Domestic Colonialism,“ insisted on when it came to the high- interview with E-Novine 19 Marko Karadzic,“We Live a Constitutional Crisis,“ Ibid. 20 Ibid. For Subotic, Vojvodina as a federal unit of a federal Serbia is the right measure for its autonomy. 15 Vecernje Novosti, November 13, 2009. 21 Radivoje Stepanov, interview with E-Novine. 16 www.nspm.rs 22 SDPV release of December 5, 2009. 4

Differences in DS senting themselves as progressive and pro-European forces ready that would Strong criticism and accusations that make amends for the fatal policy of the draft statute was unconstitutional 1990s.” He also accused Boris Tadic of also brought about differences in De- destroying Vojvodina’s political subjectiv- mocratic Party /DS/. As the biggest ity more than Slobodan Milosevic. 25 party in the ruling coalition DS had a final say when it came to the Statute’s The debate on the Statute of Vo- fate. However, there are major differ- jvodina revealed that key political ac- ences between the party’s Belgrade- tors cannot reach a consensus about seated headquarters and the Novi Sad the decentralization model to be ap- branch. Bojan Pajtic, DS key figure in plied to Serbia. A “silent political war” Vojvodina, played an important role in over the Statute laid bare conceptual the defense of the Statute from the differences between advocates of cen- party’s centralists in Belgrade. Be- tralism and monopoly of power on the sides, DS did not want to make things one hand, and advocates of a compre- worse than necessary because of its hensive decentralization of Serbia on electoral stronghold in Vojvodina and the other. The former demagogically because it couldn’t afford the risk of hide themselves behind overempha- denouncing Bojan Pajtic. sized national pathos and concern for The parties advocating wide Serbia’s integrity and sovereignty, autonomy for Vojvodina have no part- while the latter call for an open soci- ner in Belgrade, not even in the circles ety and efficient administration and bragging about decentralization, re- market economy. gionalization and European integra- In the society without a clear-cut tions, said Istvan Pastor. “It took DS strategy for the country’s develop- thirteen months to make a final deci- ment and in the atmosphere of overall sion because many party officials rea- disorientation, autonomists were also son like the Radicals or the Populists somewhat at loss when it came to ef- when it comes to political arrange- ficient action against the deliberate ment of the Republic of Serbia. They delay to place the draft statute at par- are also advocates of a strongly cen- liamentary agenda. It turned out that tralized Serbia in which all decisions provincial authorities had no plan for are made in Belgrade and all re- counteracting this unnecessary delay. sources allocated by it.” 23 Four options were in play: an appeal “Boris Tadic and DS leadership to the Constitutional Court of Serbia, prove themselves as bad political cal- calling of a provincial referendum, in- culators,” says Milenko Perovic, pro- cluding the statute issue in the proc- fessor at the Novi Sad University. ess of European integrations and, fi- “They are well aware that they won the nally, dissolving of the provincial par- last elections thanks to Vojvodina’s liament. electorate. Instead of further strength- The ceremony of proclamation of ening preconditions for future victo- the Statute did not put an end to the ries though the highest level of auton- “battle for Vojvodina.” Vojvodina will omy, they do quite the opposite: they be unable to efficiently exercise the undermine their own foundations by powers it has been invested with wooing nationalistic groupings,” says unless it has the right to decide on Perovic. According to him, Tadic and resources necessary for it. the Democrats are unable to put two New polemic, assaults and accu- and two together, they are just going sations will stem from the process of to and fro, and praying to God all the solving the problems of the auton- time that things with Vojvodina end omy’s functioning. Those seeing Vo- this way or another without any harm jvodina’s property and income as a to them. 24 Miroslav Ilic of SDPV even material basis for implementation of accused DS and its leader of “having “a separatist program” are not few. lied to citizens of Vojvodina by pre-

23 Dnevnik , November 10, 2009. 24 www.autonomija.info . 25 A press release of September 22, 2009. 5