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Shrinking Civic Space Serbia 2014-2018

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Shrinking Civic Space Serbia 2014-2018 Civic Initiatives Associations of Citizens: Shrinking Civic Space Serbia 2014-2018 Authors: Dragan Popović, Maja Stojanović, Bojana Selaković Belgrade, November 2018 This report was translated as mutual activity of the Translator's Heart and Centre Living Upright within the campaign #100pages of translation for supporting personal assistance service for disabled people in Novi Sad till its mainstreaming in the local social protection system. The campaign was initiated by the Translator's Heart as a way of in kind support to a social service. 1 CONTENTS INTRODUCTION AREA 1: BASIC LEGAL GUARANTEES OF FREEDOM ………………………………….. 1.1 FREEDOM OF ASSOCIATION Threats and Attacks against Human Rights Organizations’ Activists Campaigns and Pressures against Civil Society Activists ……………. Campaigns and Pressures against Civil Rights Movements Campaigns against Humanitarian Foundations Potential Endangering the Legal Framework for Civil Society Work 1.2 RELATED FREEDOMS (FREEDOM OF ASSEMBLY AND EXPRESSION) Freedom of Expression ……………………………………………………………... Freedom of Assembly ……………………………………………………………... AREA 2: FRAMEWORK OF CSOs FINANCIAL VITALITY AND SUSTAINABILITY 2.1 TAX/FISCAL TREATMENT OF CSOs AND THEIR DONORS 2.2 THE STATE SUPPORT……. ……………………………………………………………... 2.3 HUMAN RESOURCES……………………………………………………………... Education for Democratic Citizenship ……………………………………………………… AREA 3: GOVERNMENT - CSOs RELATION ……………………………………………... 3.1 COOPERATION PRACTICE FRAME …………………………………………………... Office for Cooperation with Civil Society ………………………………………………… 3.2 PARTICIPATION IN DECISION MAKING AND POLICY MAKING PROCESSES Citizens and Civil Society Participation in Passing of Regulations ……………………... Simulation of Public Debates ……………………………………………………………... Civil Society Representatives in State Bodies …………………………………………… Amendments to the Law on Free Access to Information ……………………............. 3.3 COOPERATION IN PROVIDING SERVICES ……………………...……………… Law on Free Legal Aid ………………….………………………………………….............. CONCLUSIONS ……………………...……………………...……………………...…………… 2 Conclusions by Chapters ……………………...……………………...……………………... BIBLIOGRAPHY ……………………...……………………...……………………...………… Monographies and Articles ……………………...……………………...……………………... Legal Regulations ……………………...……………………...……………………...…………… Reports, Comments and Other Documments ……………………...……………………... 3 INTRODUCTION Civil society is a sphere of society in which individuals practice their right to freedom of association and actively participate in public affairs and decision-making processes. Civil society organizations are non-governmental and non-profit, autonomous in relation to the state and the business sector and focused on achieving common or collective goals and interests1. Civil society today is an inseparable part of a democratic political structure and complementary to classical representative democracy. It is based on the premise that political and social activism is not fulfilled by the simple act of choosing different levels of government, but that the citizens are authorized to influence public authorities all the time, to be part of the decision-making process and to exercise the control of the elected representatives2. The significance and role of civil society are recognized in all democratic countries of the world, protected by numerous international conventions and represent an important factor in creating and developing a democratic and legal state based on the values of freedom, equality and the protection of human rights.3 The beginnings of the development of civil society in Serbia after the introduction of a formal multiparty democracy in 1990 were marked by the struggle against the war and nationalism and the quest for the basic values of modern societies such as democracy and the protection of human rights4. Mass protests against the regime of Slobodan Milošević in 1996/97 have significantly contributed to raising people's awareness of the importance of civic activism and the possibilities of acting outside the classic institutions of the political system, such as the parties5. All the time throughout the 1990s, civil society vehemently opposed the autocratic government, which had all 1 Vukašin Pavlović, Civilno društvo i demokratija, Beograd, 2004 2 Aleksandar Molnar, “Civic society“, in: Critical Glossary of Civil Society (eds. Djordje Vukadinović and Predrag Krstić), Belgrade, 2003. 3 http://www.un.org/en/sections/resources-different-audiences/civil-society/ 4 Žarko Paunović, "Peace Activities in Serbia - Between Initiatives and Movements", Philosophy and Society VII (1995), pp. 107-125, available at: http://instifdt.bg.ac.rs/wp-content/uploads/2015/05/paunovic-1-1995.pdf 5 Dragica Vujadinović, Civil Society and Political Institutions, Belgrade, 2009, available at: http://www.ius.bg.ac.rs/prof/materijali/vujdra/knjige/Dragica%20Vujadinovic%20- %20Civilno%20drustvo%20i%20politicke%20institucije.pdf 4 the institutions of the state under its control. At that time, there was not even formal contact between civil society and the state institutions, and there was an open hostility between the public and the civil sector. After democratic changes in 2000, a period of gradual normalization of relations in the society ensued, as well as the affirmation of civil society and its role in the development of the state and society. The civil society organizations' efforts were particularly important for establishing the state institutions within the framework of building the rule of law, educating citizens about the democratic political system and its mechanisms and characteristics, as well as the fight for the legal protection of human rights and the position of marginalized groups in society6. Civil society has a leading role in advocating the establishment of transitional justice mechanisms and clearing up with Slobodan Milošević's criminal policy, in gaining new freedoms for citizens of Serbia and in initiating sensitive issues within the public. In addition to the vibrant civil sector, which greatly influences the establishment of a new system of values and the formation of state institutions, this period is also characterized by insufficient understanding of civil society by the authorities and frequent intense public disputes between the politicians in power and prominent representatives of civil society. While a part of the organizations chooses the path of collaboration and cooperation with the goal of using soft methods to improve the legal framework and democratic political culture, the other part takes a sharper course, dissatisfied with the speed of change and the degree of commitment of democratic authorities to the development of democracy and the protection of human rights. Both approaches represent legitimate ways of political and citizens’ social activism, and they are a matter of choice for the organizations themselves. After major campaigns and years of effort, the legal framework for the functioning of civil society, which is largely very liberal and in line with the highest European standards, is adopted in this period7. However, in the period from 2001 to 2012, various governments did not do enough to build institutions, develop civic participation and promote a democratic political culture. Numerous problematic decisions of the governing structures, restrictive laws in the judicial area and the one of media freedom and a high level of corruption have led to an increasing tension in relations between the government 6 Jelena Lončar, "The Relationship between Civil Society and the State after October the 5th", in: Development of Democratic Institutions in Serbia - 10 years later (ed. Dušan Pavlović, Belgrade), Belgrade, 2010. 7 Civic Initiatives, Vodič za primenu Zakona o udruženjima (Guidelines for implementation of the Law on Associations), Belgrade, 2009, https://www.gradjanske.org/vodic-za-primenu-zakona-o-udruzenjima/ 5 and the civil sector, as well as the loss of confidence of citizens in democratic processes and their bearers. All this resulted in the presidential and parliamentary elections in 2012 and the return to power of the parties that were in power during the 1990s. The journalist and publicist Teofil Pančić called this event "the fall of the 5th October-republic"8. Since 2012, there have been tendencies for a party-based dismissal of officials, the collapse of independent institutions, and the elimination of free media (including the cancelation the most popular news talk show “Utisak nedelje” (“Impression of the Week”9), which culminated in "trends of abuse and collapse of institutions for the purpose of strengthening uncontrolled political power" and the captivity of the country10. Some civil society organizations responded immediately in 2012 to the process of collapsing of the rule of law and illegal occupation of institutions by the parties. More than 100 civil society organizations and prominent individuals signed, in July 2012, Appeal for the defense of the rule of law over the illegal dismissal of the Governor of the National Bank of Serbia and numerous civil servants11. The Appeal warns that "the Serbian government intends to completely trump the legal system of the state and introduce party voluntarism as the only decision-making criterion" with the assessment that "the government that initially chooses to strike on one of the fundamental values of a modern and democratic society cannot expect any understanding and support of the public and civil society in Serbia"12. The absolute power of the ruling party was consolidated by 2014, when the parliamentary elections
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