HELSINKI COMMITTEE FOR HUMAN RIGHTS IN SERBIA annual report on human rights : serbia in 2009 europeanization – accomplishments and limitations and – accomplishments europeanization a nnual europeanization – r accomplishments eport on and limitations h uman r ights : ights s erbia in in erbia 2009 iizvestaj2009-eng-monta.inddzvestaj2009-eng-monta.indd 1 228/06/20108/06/2010 220:46:010:46:01 PProcessrocess CyaannPProcessrocess MMaageentantaPProcessrocess YYellowellowPProcessrocess BBlacklack jjjp j7g HELSINKI COMMITTEE FOR HUMAN RIGHTS IN SERBIA Annual Report on Human Rights : Serbia in 2009 Europeanization – Accomplishments and Limitations BELGRADE, 2010 HOLJP, “godišnji izveštaj za 2009– ENGLESKI” strana 1 Annual Report on Human Rights : Serbia in 2009 EUROPEANIZATION – ACCOMPLISHMENTS AND LIMITATIONS publisher Helsinki Committee for Human Rights in Serbia for the publisher Sonja Biserko translation Dragan Novaković Veronika Bauer Vera i Mira Gligorijević Spomenka Grujičić layout and design Ivan Hrašovec title page illustration Maurits Cornelis Escher, Ascending and Descending, 1960 printed by Zagorac, Belgrade This edition was published with the support of Civil rights defenders ISBN 978-86-7208-167-1 COBISS.SR-ID 176051212 CIP - Katalogizacija u publikaciji Narodna biblioteka Srbije, Beograd 061.2”2009”; 316.4(497.11)”2009”; 323(497.11)”2009” EUROPEANIZATION - Accomplishments and Limitations : Annual Report on Human Rights : Serbia in 2009 / [prepared by] Helsinki Committee for Human Rights in Serbia ; [translation Dragan Novaković ... et al.]. - Belgrade : Helsinki Committee for Human Rights in Serbia, 2010 (Belgrade : Zagorac). - 601 str. ; 23 cmIzv. stv. nasl.: Između realnosti i evropskih integracija. - Tiraž 500. - Napomene i bibliografske reference uz tekst. 1. Helsinški odbor za ljudska prava u Srbiji (Beograd) a) Helsinški odbor za ljudska prava u Srbiji (Beograd) - 2009 b) Srbija - Društvene prilike - 2009 c) Srbija - Političke prilike - 2009 HOLJP, “godišnji izveštaj za 2009 – ENGLESKI” strana 2 jjjp j7g 3 Contents Conclusions and Recommendations . 5 I EUROPEANIZATION: ACCOMPLISHMENTS AND LIMITATIONS Between the Realities and European Integrations . 15 Violence shift s from political to social sphere . 37 II THE MECHANISMS OF STATE REPRESSION Transformation Into a Professional Army . 51 Police: Reform Progress . 79 III LEGAL SYSTEM A Justice Reform: a real start or just an attempt? . 99 Courts, trials, crimes, and the past . 111 War crimes trials – judgments and new indictments . 129 IV THE PARLIAMENT AND INDEPENDENT AGENCIES The Parliament – a Lack of Democratic Potential . 149 Role of independent bodies in human rights protection . 167 V FREEDOM OF RELIGION Religious Rights and Freedom . 185 VI THE TRIBUNAL IN THE HAGUE AND ITS SOCIAL EFFECTS Confronting: Serbs as Victims . 215 Declaration on Srebrenica: Debate Opened, Notwithstanding . 225 Declaration on Srebrenica . 237 VII MINORITIES: A MEASURE OF DEMOCRACY The Position of Minorities in Serbia – Under Constant Pressure . 241 Violations Of LGBT Rights . 275 Position of Women . 299 Child and youth violence: How to deal with it? . 309 Civil Society In Serbia . 317 HOLJP, “godišnji izveštaj za 2009– ENGLESKI” strana 3 4 VIII SOCIAL AND ECONOMIC RIGHTS The Year of Diffi cult Conditions . 329 Institutional Social Care and Human Security . 341 IX VOJVODINA, SANDŽAK, SOUTH SERBIA Vojvodina – a Model for Decentralizing Serbia . 351 Sandžak: Constant Tensions . 379 South Serbia and Albanian Question . 413 X ECONOMY The Problem of an Unfavourable Economic Structure . 425 XI THE MEDIA Media Easy Prey . 441 XII SERBIA AND THE WORLD No Turning Point Yet . 465 EU Candidacy – A Historic Breakthrough . 471 Serbia and United States Improve Relations . 483 Russia: Belgrade’s and Moscow’s Aspirations at Odds . 487 Turkey: A Factor of Regional Stability . 507 XIII SERBIA AND ITS NEIGHBORS The Start of a Thaw. 517 Montenegro: Regime in Podgorica Constantly Criminalized . 519 Serbia and Croatia: Past Still in the Way . 527 Belgrade and Banjaluka: Together for Partition of Bosnia . 537 Macedonia Recognizes Kosovo Independence . 547 Consolidation of Kosovo State and Belgrade’s Response . 555 XIV THE HELSINKI COMMITTEE FOR HUMAN RIGHTS IN SERBIA What We Accomplished in 2009 . 585 HOLJP, “godišnji izveštaj za 2009 – ENGLESKI” strana 4 jjjp j7g 5 Conclusions and Recommendations In 2009, Serbia made necessary progress in defi ning its future as a Europe- an country. The measures taken by the Serbian Government in that direc- tion opened its European perspective. This inevitably provoked adverse reactions by one part of the Serbian elite, which is feverishly defending its position and insisting on the greater-state national project. This specifi cal- ly refers to its resistance to NATO membership, interpretation of the recent past and defence of Bosnia’s status quo. Regardless of the opening of its European perspective, Serbia is still torn between its wish to join the European family and a strong conserva- tive bloc trying to preserve the model of a patriarchal and populist state. The aggravating factors are a total blockade of the economy, bad privatiza- tion, monopolistic status of tycoons and incapable leaders at all levels. A drag on development is also centralism that stubbornly resists any decen- tralization and regionalization, which are a prerequisite for democratiza- tion and the undertaking of responsibility at all levels. Serbia’s progress toward the European perspective also implies a more resolute internal transformation, involving the status of Vojvodina, change of the Constitution, decentralization and regionalization, status of minorities and reform of the country’s media space. This is a prerequisite for breaking away from Milošević’s legacy. Despite its declarative commitment to modern values, Serbia’s value system did not make much progress relative to the authoritarian model, combined with anarchy as the consequence of the overall devastation of society. Conservatism, whose standard bearers are the Democratic Party of Serbia (DSS) at the political level and Serbian Progressive Party (SNS) at the social level, the University and the Serbian Orthodox Church (SPC), makes Serbian society xenophobic, autistic and intolerant. It is dominat- ed by radical right-wing groups which are present at the University and strongly infl uence young generations. This has a decisive eff ect on their value model and, thus, on their perception of others. HOLJP, “godišnji izveštaj za 2009– ENGLESKI” strana 5 6 All this contributed to extreme intolerance towards all minority and vulnerable groups, in which Serbian nationalism is refl ected. Those are ethnic and religious minorities, LGTB population, political alterna- tive and, in particular, human rights organizations. There is also a high degree of insensitivity towards the needs of persons with disabilities, chil- dren with special needs and all endangered groups (pensioners, mental patients). Deep conservatism is manifested just by resistance to the con- cept of human rights as the symbol of the modern concept of society. During 2009, the National Assembly adopted 160 laws, including the key ones, which fi nally completed the legal framework for the realiza- tion and protection of human rights. This specifi cally refers to the Law on the Prevention of Discrimination and the Equality Law, as well as to the Access to Information Law and the like. At the same time, independ- ent bodies were formed with the aim to serve as the main control mecha- nisms. Thus, together with the civil sector and non-governmental organi- zations (NGOs), the assumptions have been created for the promotion of human rights as the fundamental civilization value. Their implementa- tion will depend to a large extent on the education system which should incorporate these laws into the curriculum and educate new generations according to the new value concept. In 2009, the state set out for the fi rst time to deal with violence, which penetrated all spheres of public and private life. In this connection, the Serbian Interior Ministry not only contributed to Serbia’s inclusion in the white Schengen list, but also took more serious measures against drug dealers, traffi cking and violent sports fan groups. For the fi rst time the state began to take control over repressive institutions, which should guar- antee the security of every citizen. In addition to judicial reform, the con- ditions have been created for the strengthening of confi dence in state institutions. However, to achieve the desirable level, it is necessary to set in motion the economy and establish some moral assumptions on which society is based. A vital prerequisite for Serbia’s internal democratization and prosper- ity is to resolve the state question. In that sense, resolving Serbia’s state question is also the EU’s obligation, primarily by changing the Dayton HOLJP, “godišnji izveštaj za 2009 – ENGLESKI” strana 6 Conclusions and Recommendations 7 Accords in order to ensure the functioning of Bosnia as a state. It is also important that EULEX assumes substantive control over the entire territo- ry of Kosovo and begins to implement the agreement which was recently signed with the Serbian Interior Ministry. The proposal of Serbian President Boris Tadić concerning the adop- tion of the Resolution on Srebrenica stirred up emotions and a debate, which did not make any more signifi cant progress. As the symbol of gen- ocide and crime in Bosnia, Srebrenica will remain the subject of denial and relativization for