www.gsa.org.rs REPORT ON HUMAN RIGHTS STATUS OF GLBT PERSONS IN SERBIA 2009 CONTENTS PREFACE BY BORIS DITTRICH 09 OPENING WORD BY ULRIKE LUNACEK 11 I SUMMARY 13 II INTRODUCTION 15 III RIGHT TO LIFE 17 IV RIGHT TO PHYSICAL AND PSYCHOLOGICAL INTEGRITY 21 V RIGHT TO FAIR TRIAL AND EQUAL PROTECTION 33 UNDER THE LAW VI FREEDOM OF ASSEMBLY 39 VII HEALTH PROTECTION 57 VIII RIGHT TO EDUCATION 63 IX ATTITUDE OF THE STATE TOWARDS GLBT POPULATION 67 AUTHORS Boris Milićević, Nenad Sarić, Lazar Pavlović, Mirjana Bogdanović, Veroljub Đukić, Nemanja Ćirilović X THE ATTITUDE OF POLITICAL PARTIES TOWARDS 77 GLBT POPULATION TRANSLATION Ljiljana Madžarević, Vesna Gajišin, Vladimir Lazić XI THE ATTITUDE OF NATIONAL AND INTERNATIONAL 93 DIZAJN & LAYOUT ORGANIZATIONS TOWARDS GLBT POPULATION Dragan Lončar OTHER CONTRIBUTORS XII MEDIA VIEW ON GLBT POPULATION IN SERBIA 97 Miroslav Janković, Monika Lajhner, Jelena Đorđević, Dragan Popović, Zdravko Janković, Marina Marković, Jovana Zlatković, Darko Kenig, Jelisaveta Belić, Ivan Knežević, Nebojša Muljava COVER ILLUSTRATION XIII GLBT MOVEMENT IN SERBIA 99 Stylized photo of a school desk of one gay secondary school student on which are drawn swastikas, messages “death to fagots”, etc.. However, on the desk someone also wrote: “I’m glad there is someone like me. N. :)” XIV RECOMMENDATIONS 101 THANKS! Members of the Gay Straight Alliance Victims of the violence and discrimination who courageously spoke publicly and reported the incidents Civil Rights Defenders and Fund for an Open Society for financial support to create and promote this report Partners from non-governmental sector: Alternative Cultural Center Nis, Anti-Trafficking Center, BelgradeCenter for Human Rights, Center for Cultural Decontamination, Center for Modern Skills, Center for Free Elections and Democracy, No alternative for Europe, Civic Initiatives, Helsinki Committee for Human Rights, Youth Initiative for Human Rights, Coalition Against Discriminations, Lawyers’ Committee for Human Rights, KRIO – Collective for Development and Sustainability, Independent Association of Vojvodina Journalists, Independent Association of Journalists of Serbia, Association of Students with Disabilities GLBT organizations in Serbia: Queeria Center, Association Duga – Šabac, Labris – Organization for Lesbian Human Rights, Gay and Lesbian Info Center – GLIC and others International partners: Amnesty International, CARE International, European Commission, Front Line Defenders, GLBT inter- group in the European Parliament, Heinrich Boll Stiftung, Human Rights Watch, IGLHRC, ILGA Europe, Justice in the Balkans: Equality for Sexual Minorities, UN Office of the High Commissioner for Human Rights, CoE Human Rights Commissioner Thomas Hammarberg, United Nations Department for Development, Organization for Security and Co-operation in Europe, Rainbow Rose, Council of Europe, numerous national GLBT organizations in Europe Embassies of: Kingdom of Holland, Kingdom of Sweden, Federal Republic of Germany, United States of America, United Kingdom of Great Britain and Northern Ireland State institutions: Agency for Cooperation with NGOs and European Harmonization, Ministry of Human and Minority Rights, Student Cultural Center Kragujevac, Citizens’ Ombudsman Political parties: Liberal Democratic Party, G17 plus, League of Vojvodina Social Democrats, Social Democratic Union Media: 24 sata, B92, Borba, Danas, Dnevnik, e-Novine, MONDO, MTV, Novi Radio Beograd, Politika, Radio 021, Yellow Cab Companies: Real-estate agency Triumph011, Center Bella, EXIT festival, Ginger RCA, Café Smiley, KC Grad, Club Apartman, Club Van Helsing, Media Center Belgrade, Radio Café, Sezam Hosting And all the others that support GLBT persons in Serbia. 05 ABBREVIATIONS USED IN THIS REPORT DS – DEMOCRATIC PARTY DSS – DEMOCRATIC PARTY OF SERBIA EU – EUROPEAN UNION GLBT – GAYS, LESBIANS, BISEXUAL AND TRANSGENDER PERSONS GSA – GAY STRAIGHT ALLIANCE JS – UNITED SERBIA KPD – COALITION AGAINST DISCRIMINATION LDP – LIBERAL DEMOCRATIC PARTY LSV – LEAGUE OF VOJVODINA SOCIAL DEMOCRATS MUP – MINISTRY OF INTERNAL AFFAIRS NS – NEW SERBIA OOPP – ORGANISATIONAL COMMITTEE OF THE PRIDE PARADE SC – SAVA CENTRE SDU – SOCIAL DEMOCRATIC UNION SNS – SERBIAN PROGRESSIVE PARTY SPC – SERBIAN ORTHODOX CHURCH SPS – SOCIALIST PARTY OF SERBIA SRS – SERBIAN RADICAL PARTY ŽUC – WOMEN IN BLACK 07 PREFACE BY BORIS DITTRICH 2010 will be an important year for Serbia and the movement of gays and straights who support a tolerant, open and inclusive society. President Boris Tadic applied for Serbia’s EU membership. The EU is not only a community based on economic and financial agreements, but it is also based on shared values. The Charter of Fundamental Rights of the EU affirms human rights among the core values of the Union. It came into legal effect on December 1, 2009 and guarantees amongst others the freedom of expression, information and assembly. It prohibits discrimination on any ground, including sexual orientation. Non-discrimination and protection on paper is not enough. Everyday reality will need to be in harmony with official documents. On invitation of the Gay Straight Alliance I visited Serbia in October 2009 and met with ministers and members of parliament. I was struck by the lack of political leadership to fight homophobia. President Boris Tadic and other leading politicians should dare to speak out publicly in favor of a tolerant, open society which includes gays, lesbians, bisexuals and transgender people. Human Rights Watch is eager to see the Gay Pride Parade taking place in Belgrade in 2010 with participation of leading politicians. Real progress on the ground will be the test case for EU members to negotiate Serbia’s EU membership application. The voice of Serbian gays and straights supporting a tolerant and inclusive society is decisive and needs to be heard. I wish you a wonderful 2010. Boris Dittrich, Advocacy director LGBT program Human Rights Watch New York 09 OPENING WORD BY ULRIKE LUNACEK In 2009 Serbia achieved great progress on its way to European Union membership. The end of the visa regime for Serbian (as well as Montenegrin and Macedonian) citizens as of December 19, 2009 is an important step, as is Serbia’s application for EU membership. With good reason the recent progress reports by the European Commission criticized violence, hate speech and hate crimes. However, there still exists discrimination and lack of awareness and protection of lesbian, gay, bisexual and transgender people which is required of all countries aspiring EU membership. Furthermore, it has been made clear that European integration is not only about fulfilling benchmarks and implementing legislation, but about equal standards in everyday life for everyone. The European Charter of Fundamental Rights which has become binding with the Treaty of Lisbon on December 1, 2009, prohibits discrimination based on sexual orientation. Together with existing anti-discrimination laws this is a good basis to work against homophobia and towards awareness raising, protection, acceptance, visibility and recognition of LGBT people in Serbia and the whole region of South Eastern Europe. As an open and visible politician myself for the last ten years in the Austrian parliament, and now as Member of the European Parliament, I have a double role: supporting LGBT rights groups in the regions I work in, as well as paving the way for acceptance and recognition by openly addressing the topic whenever necessary. For example at the meeting between MEP’s of the South Eastern Europe Delegation and the Deputy Prime Minister of Serbia, Mr Bozidar Djelic on November 12, 2009. I asked him about the measures of his government to ensure protection for LGBT citizens and for future PRIDE parades in Serbia. He answered quite extensively, assuring that an anti-discrimination law including all EU-standards has already been voted and that Serbia intends to secure similar events (like PRIDE). They “will happen in the future” and the government will “make sure that people will be properly protected”. I am confident that through cooperation and by challenging homophobic attitudes we will, together, be able to reach what our united Europe stands for: equality and freedom to live your life without fear. In this sense I wish all readers a successful 2010! Ulrike Lunacek Member of European Parliament 11 I SUMMARY GLTB population is constantly exposed to prejudices and high degree of homophobia, which makes this group one of the most vulnerable in Serbia. During long period of time, the state did not implement effective mechanisms to prevent violence and discrimination against GLBT people, nor did courts process existing cases, and there is no indication of reaching out to the public and promote tolerance towards this community. Problems related to the GLBT population and their status are kept mainly as a low priority and there has not been time, space or political will for its resolution. Through numerous events related to GLBT population in 2009, the open public debate on this issue has been initiated. It is certainly a necessary condition for starting the process of social and political inclusion of GLBT people. Regardless of whether the attitudes expressed in public were positive or negative, a number of public figures, sports workers, NGOs, international organizations, and many politicians and public institutions including the President, Prime Minister, Government of the Republic of Serbia, Minister of Internal Affairs, Minister of Human and Minority Rights, the Mayor of